SDDOT - Public Hearings, Meetings, & Meeting Agendas Testing

8/27/2009

August 27, 2009
TRANSPORTATION COMMISSION MEETING
August 27, 2009
PIERRE, SOUTH DAKOTA

Present: Jim Spies, Chairman
Sam Tidball, Vice Chairman
Ralph Marquardt, Member
Jerry Shoener, Member
Dick Gregerson, Member
John Kranz, Member
Rod Fouberg, Member
Bob Benson, Member

Absent: Mike Trucano, Member

Others in Attendance: Toby Crow, AGC, Bob Mercer, AP,

DOT Staff: Kevin Tveidt, Kellie Beck, Greg Fuller, Mike Behm, Bill Nevin, Joel Jundt, Dean Van DeWiele, Scott Rabern, Paul Knofczynski, Sam Weisgram, Jason Humphrey, Jerry Ortbahn, Joel Gengler, Ryan Johnson, Mark Leiferman, Julie Bolding, John Forman, and Amy Campbell.

Chairman Spies called the meeting to order at 9 a.m.

Motion by Tidball, seconded by Kranz, to approve the July 23, 2009, Commission Meeting Minutes. Motion carried (all ayes).

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Bill Nevin, Legal Counsel, presented to the Commission the approval of Designation of publication for SDCL 5-22-10 Notice re PCN 6180 to the Rapid City Journal.

Motion by Tidball, seconded by Shoener, to approve Designation of publication for SDCL 5-22-10 Notice re PCN 6180 to the Rapid City Journal.

Amended motion by Gregerson, seconded by Tidball, to approve Designation of publication for SDCL 5-22-10 Notice re PCN 6180 to the Rapid City Journal and the Meade County Times-Tribune. Motion carried (all ayes).

Resolution Number 2009-08.01 was approved

Bill Nevin, Legal Counsel, advised the Commission of a Press Release on the DM&E Powder River Base Project. The DM&E dropped their condemnation lawsuit in Wyoming. They put their project on hold because of the economy with it not likely to be built in the future. Any impact this will have on South Dakota is unknown at this time.

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Commissioner Benson advised he has received many complaints about the 23 miles of head to head traffic in the construction zone on Interstate 90. Greg Fuller advised the project was originally scheduled to construct this segment of highway in phases over two construction seasons, but the plans provided for consideration of an alternate sequence. The contractor submitted an alternate sequence of operations as they felt they could get the construction completed in one construction season versus two. The Department considered the negative aspects of the longer construction zone with the positive benefits of completing the project in one construction season and it was felt there was sufficient benefit to justify the proposed change in sequence.

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Deputy Secretary Kevin Tveidt sat in for Secretary Bergquist. Secretary Bergquist is currently in Suriname, South America on DOT business.

Deputy Secretary Kevin Tveidt discussed the Legislative Summer Study and Sunset Review of Highway Needs Study that met last week August 19 & 20. During the meeting we responded to their requests from the last meeting, provided information concerning laws that needed change, gave them a tour of the DOT Materials Lab, and had public testimony. All of this was very positive. The group has come up with an Omnibus Bill that will increase taxes to raise revenue. A 10 cent increase in the gas tax will amount to an additional $57 million. A increase in the vehicle excise tax by 1% will amount to an additional $19 million. Doubling vehicle registration fees will create an additional $48 million and repealing an aged vehicle exemption will create an additional $14 million.

Deputy Secretary Kevin Tveidt advised the Stimulus projects are going ahead as scheduled, but reporting is substantial.

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Scott Rabern, Assistant Construction Engineer, presented the following construction change order for the Aberdeen Region:

ABERDEEN REGION

Project: PH-NH-EM 0081(30)155, Codington County, PCN 6716 $ 59,253.80
Contractor: T&R Contracting Inc.
Type of Work: Grading, Storm Sewer, PCC Pavement, Curb & Gutter, Sidewalk, Roadway Lighting, & Traffic Signals
Location: US 81 in Watertown

Project: PH-NH-EM 0081(30)155, Codington County, PCN 6716 $ (62,039.24)
Contractor: T&R Contracting Inc.
Type of Work: Grading, Storm Sewer, PCC Pavement, Curb & Gutter, Sidewalk, Roadway Lighting, & Traffic Signals
Location: US 81 in Watertown

Project: NH 0212(104)282, Faulk County, PCN 6194 $ (792,039.27)
Contractor: R and G Construction Co.
Type of Work: Grading, Structure, & Interim Surfacing
Location: US 212 from the Orient Corner east to Zell

Scott Rabern, Assistant Construction Engineer, presented the following construction change order for the Mitchell Region:

MITCHELL REGION

Project: IM 0906(39)284, Aurora County, PCN 6704 $ 154,253.96
Contractor: Border States Paving, Inc.
Type of Work: Cold Milling Asphalt Concrete Resurfacing, Culvert & Box Culvert Extensions, & Bridge Deck Epoxy Chip Seals
Location: I-90 EBL & WBL from Kimball to White Lake

Project: P 0011(45)23, Union County, PCN 01HU $ (66,214.52)
Contractor: McLaughlin & Schulz, Inc.
Type of Work: Asphalt Surface Treatment (Chip Seal)
Location: Various routes in the Yankton Area

Project: P 0021(87), Aurora County, PCN 01UU $ (68,821.91)
Contractor: Bituminous Paving Inc.
Type of Work: Asphalt Surface Treatment (Chip Seal)
Location: Various routes in the Mitchell Area

Project: P 0025(56)19, Bon Homme County, PCN 5342 $ 66,165.70
Contractor: Spencer Quarries Incorporated
Type of Work: Grading, Structure, Storm Sewer, Curb & Gutter, Lighting, Permanent Signing and Asphalt Concrete Surfacing
Location: SD 25 in Scotland

Scott Rabern, Assistant Construction Engineer, presented the following construction change order for the Rapid City Region:

RAPID CITY REGION

Project: P 0040(06), Custer County, PCN 01TY $ (53,405.46)
Contractor: Highway Improvement Inc.
Type of Work: Asphalt Concrete Crack Sealing
Location: Various Routes in the Rapid City Region

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Greg Fuller, Director of Operations, presented to the Commission a proposal to name a segment of SD Highway 44 near Marion and Chancellor as the Chad Mechels Memorial Highway. Greg advised the Commission that policy states "Named highways must commemorate an individual or group of individuals of historic significance to the State of South Dakota or to the United States" and that he was uncertain as to whether or not this would be considered as historically significant. The Commission was also advised the request also asked the maximum sign size of 12 square feet be waived.

Motion by Marquardt, seconded by Tidball, to authorize approval of naming the approximate 15 mile segment of SD Highway 44 near Marion and Chancellor as the Chad Mechels Memorial Highway. However, the sign, which will require subsequent Commission approval, will need to be within the SDDOT sign requirements as established in the policy. Motion carried (all ayes).

The Commission would like to see a list at next month’s commission meeting regarding a list of the individuals who have had a segment of highway named after them and what the historical significance behind it is. Greg Fuller will provide this at next month’s commission meeting.

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Joel Gengler, Right of Way Program Manager, presented the following right-of-way items for Commission consideration:

1. Dispose of Excess Property – Campbell County
Request approval to dispose of the following property: E1/2 of Lot 17, Auditors
Plat of Lands adjacent to the Town of Mound City, Lot “A” in the NE1/4 SE1/4, and Lot “A” – a portion of Lot 16 – Auditors Plat of Mound City in the SE1/4 SE1/4, all in Section 18, Township 126 North, Range 76 West of the 5th P.M., Campbell County, South Dakota. (Appraised value - $18,300).

The above property is the DOT Mound City maintenance shop site property. The property contains 1.92 acres including a 60’ x 70’ steel building and a 20’ x 52’ storage shed. The Department has maintained the shop site since the last 1940’s and will now be operating from the Herreid shop site. Pierre Area advises the property is not needed for future department use. (see attached).

Motion by Benson, seconded by Shoener, to approve dispose of excess property in Campbell County. Motion carried (all ayes).

2. Dispose of Excess Property – Roberts County
Request approval to accept an offer from Delwin Pies of Waubay for the
purchase of the following excess property: S1/2 NE1/4 of Section 15, Township 122 North, Range 52 West of the 5th P.M., Roberts County, South Dakota, except that portion conveyed to Roberts County in Deed Book 29, Page 251. (Appraised value: $67,700. Offer: $54,160).

The above property contains 75.19 acres of pasture land and former gravel pit located approximately two and one-half miles northeast of Ortley. Property was purchased in the 1950’s for removal of gravel and Aberdeen Area advises the property is no longer needed for future use.

The Commission previously approved the disposal and a public auction was held on August 5, 2009 without receiving the minimum appraised value bid. No other offers have been received to date and the above offer does represent 80% of the appraisal as allowed under Administrative Rule 10:02:01:07. (see attached).

3. Dispose of Excess Property – Roberts County
Request approval to accept an offer from David Argo of Peever for the purchase of the following excess property: SW1/4 NE1/4 of Section 1, Township 123 North, Range 51 West of the 5th P.M., Roberts County, South Dakota. (Appraised value: $57,800. Offer: $46,240).

The above property contains 33.99 acres of crop land located on the east side of I29 approximately five and one-half miles south of Peever Exit 224. The property was purchased in 1977 for project construction fill dirt and the Aberdeen Area advises the property is no longer needed for future use.

The Commission previously approved the disposal and a public auction was held on August 5, 2009 without receiving the minimum value bid. No other offers have been received to date and the above offer does represent 80% of the appraisal as allowed under Administrative Rule 10:02:01:07.
The items as listed were explained by Program Manager Joel Gengler that since printing there are two parties interested in the two separate properties. After informing the first party that a second party was interested and willing to pay more the first party increased their offer. This is the case with both item 2 & 3. There are different parties in each case so it is four individuals total. The proposed solution, as allowed under administrative rule 10:02:01:07, was to have each party make a final and best offer as a sealed bid and the land would be sold to the higher bidder. There was discussion on the item by the Transportation Commission with a result of a motion and second with a 6 to 2 vote in favor of proceeding with award/sale of the land by sealed bids from the interested parties to the highest bidder.
Motion by Tidball, seconded by Shoener, to accept the offer to dispose of excess property in Roberts County at less than appraised value, but at least 80% of it. Motion carried (6 ayes, 2 nays).

4. Abandonment – McIntosh Roadside Park - Corson County
This resolution will abandon the McIntosh Roadside Park. The Department held approximately 4.75 acres, located in Lot No. 1 in the SE1/4 of Section 25, Township 23 North, Range 22 East, Corson County, South Dakota as an easement to be used for a roadside park.

5. Abandonment – Milbank Roadside Park (Orton) – Grant County
This resolution will abandon the Milbank Roadside Park (Orton). The Department held approximately 5.42 acres, located in the SW1/4 of Section 30, Township 131 North, Range 49 West, Grant County, South Dakota as an easement to be used for a roadside park.

6. Abandonment – Victor Roadside Park (Rich) – Roberts County
This resolution will abandon the Victor Roadside Park (Rich). The Department held approximately 3.88 acres, located in the southeast corner of Section 24, Township 128 North, Range 50 West, Roberts County as an easement to be used for a roadside park.

Motion by Shoener, seconded by Benson, to approve abandonments in Corson, Grant, and Roberts County. Motion carried (all ayes).

Resolution Numbers 2009-08.02, 2009-08.03, and 2009-08.04 were approved

7. Vacate Plat – Brule County
This resolution will vacate the plat for Lots AB-1 in a portion of Lot H-1 of the City Reservoir Block in Third Addition to the City of Chamberlain, and the East Half of vacated Sterns Avenue, located in the SW1/4 of Section 15, Township 104 North, Range 71 West as recorded on March 13, 2009.

Even though City Reservoir Block was shown on our research material the Register of Deeds insists that City Reservoir Block does not exist therefore the plat had to be renamed.

8. Amended Abandonment Resolution – Brule County
This resolution was approved by the Commission during the February 17, 2009 meeting. This request is associated with #7. City Reservoir Block had to be renamed “the unplatted portion of 3rd Addition to the City of Chamberlain”. (see attached).

Motion by Tidball, seconded by Kranz, to approve vacate plat and amended abandonment in Brule County. Motion carried (all ayes).

Resolution Numbers 2009-08.05 and 2009-08.06 were approved

9. Abandonment – Potter County
This resolution will abandon Lots AB-1 in the SW1/4 and a portion of Lot H2 in the SW1/4 of Section 4, Township 118 North, Range 74 West and Lots AB-1 in Lot H1 in the NW1/4 and in the NW1/4 of Section 33, Township 119 North, Range 74 West.

During an encroachment survey being performed by the Pierre Region it was discovered that the cemetery was encroaching into our right of way (fence and trees). By abandoning this right of way it will clear up the problem. (see attached).

Motion by Shoener, seconded by Fouberg, to approve abandonment in Potter County. Motion carried (all ayes).

Resolution Number 2009-08.7 was approved

10. Abandonment – Minnehaha County
This resolution will abandon the South 50 feet of the W1/2 of Tract 21 of Norton Tracts Subdivision in the S1/2 of Section 3, Township 101 North, Range 49 West and the West 112 feet of Tract 20 of North Tracts Subdivision of the S1/2 of Section 3, Township 101 North, Range 49 West.

This property lies along a city street (Van Eps) and the Department has no interest in retaining it.

Motion by Tidball, seconded by Shoener, to approve abandonment in Minnehaha County. Motion carried (all ayes).

Resolution Number 2009-08.08 was approved

11. Abandonment – Minnehaha County
The Department has been requested to abandon Lot H1 of Tract 8 of County Auditors Subdivision of the SE1/4 of Section 4, Township 101 North, Range 49 West, including Lot 1 in Lot H1 of Tract 8 of County Auditors Subdivision of the SE1/4 of Section 4, Township 101 North, Range 49 West.

State Radio needs Lot 1 within Lot H1 for a radio tower site. (see attached).

Motion by Fouberg, seconded by Benson, to approve abandonment in Minnehaha County. Motion carried (all ayes).

Resolution Number 2009-08.09 was approved

12. Abandonment – Pennington County
This resolution will abandon the Right of Entry Agreement for Lot 1 of Heavlin
No. 2 Addition in Section 19, Township 1 North, Range 9 East. This was on
Parcel A18 on Project P 0044(52)50, PCN 6437.

Motion by Shoener, seconded by Fouberg, to approve abandonment in Pennington County. Motion carried (all ayes).

Resolution Number 2009-08.10 was approved

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Dean VanDeWiele, Engineering Supervisor, Project Development, presented bids from the August 5 and 19, 2009 bid lettings.

August 5, 2009

Structure and Approach Grading (65' Prestressed Concrete Double Tee)
1 BRO 8025(14), Faulk County
Hollaway Construction Co., Inc., Mitchell SD $254,851.00
2 miles east and 0.2 miles north of Faulkton over the
South Fork of Snake Creek

Structure and Approach Grading (3 - 12' x 8' CIP Box Culvert)
2 BRO 8056(08), Sanborn County
Prairie Contracting, inc, Sioux Falls SD $258,994.35
2.1 miles east and 7 miles north of Woonsocket over Sand Creek

Asphalt Concrete Resurfacing
3 P 6371(06), Codington County
McLaughlin & Schulz, Inc., Marshall MN $665,143.66
County Road from Grover north to US 212

Cold Plastic Pavement Marking
4 PH 000S(173), Butte, Lawrence, Pennington County
Traffic Safety Services, Inc., Bismarck ND $487,751.55
Various Locations in the Rapid City Region

Motion by Tidball, seconded by Shoener, to award projects 1, 2, 3, & 4 to the low bidder subject to approval of required concurrences. Motion carried (all ayes).

August 19, 2009

Structure and Approach Grading (Twin 12' X 10' CIP RCBC)
1 BRF 6268(04), Marshall County
Prairie Contracting, inc, Sioux Falls SD $212,965.82
County Road 0.1 miles south and 3.2 miles east of Kidder
over Wild Rice Creek

Grading, Structures, Asphalt Concrete Surfacing, Curb & Gutter, Storm Sewer,
Pavement Marking & Permanent Signing
2 EM-P 4411(01), Codington County
Grangaard Construction Inc, Watertown SD $5,553,738.40
20th Avenue South from US81, east and north to 15th-Helene
Avenue South in Watertown

PCC Pavement Repair, PCC Pavement Grinding, Dowel Bar Retrofit, Tie Bar Retrofit,
Resealing Transverse Joints, Flattening Slopes on Approaches & Durable Pavement
Marking
5 ES 0212(113)338, Clark, Codington County
Diamond Surface, Inc., Maple Grove MN $1,559,287.60
US212 from east of the the Spink County line east through
Clark, and through Henry

Riprap Scour Protection
6 NH 0083(62)55, Mellette County
VanderPol Dragline Inc, Rapid City SD $198,237.78
US83 at the White River Bridge

Motion by Benson, seconded by Fouberg, to award projects 1, 2, & 5 to the low bidder subject to approval of required concurrences. Motion carried (all ayes).

Projects 3 & 4 are currently going through the DBE process. No action necessary by Commission

Motion by Fouberg, seconded by Kranz, to award project 6 to the second low bidder. Motion carried (all ayes).

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Joel Jundt, Director of Planning & Engineering, presented staff recommended changes to the Tentative 2010-2014 Statewide Transportation Improvement Program (STIP), Transit Program, and MPO TIP’s to the Commission.

Motion by Shoener, seconded by Tidball, to approve the Tentative 2010-2014 Statewide Transportation Improvement Program (STIP), Transit Program, and MPO TIP’s with recommended staff changes. Motion carried (all ayes).

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Joel Jundt, Director of Planning & Engineering, presented information on project US 18 Maverick Junction West. The Department had received some complaints on the proposed design for the intersection of County Road 79 and US18 from adjacent landowners. Accordingly, the DOT reviewed the design of the intersection again and developed additional options. The DOT has subsequently met and spoke with the adjacent land owners that live and/or own property off of County Road 79F. Based on these meetings and discussions, we have come up with a design concept that is agreeable and we are proceeding with it. This design will require the DOT to purchase approximately 0.06 acres of permanent ROW from one landowner.

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There being no further business, at the hour of 11:01 a.m. the Transportation Commission adjourned.

Submitted by

Amy Campbell Approved by

Darin Bergquist
Secretary

The next scheduled meeting is a conference call on September 3, 2009, at 9:30 a.m. CST, in the DOT Commission Room to approve bid lettings.

The next scheduled meeting is September 24, 2009, at 9 a.m., in the DOT Commission Room