PUBLIC WORKS COMMITTEE MINUTES Rapid City, South Dakota June 15, 2010

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1 Rapid City, South Dakota June 15, 2010 The Public Works Committee meeting was called to order by Alderman Aaron Costello at 12:30 p.m. (MDT), June 15, 2010, in the Council Chambers of the City/School Administration Building. Roll Call and Determination of Quorum A quorum was determined with the following members answering the roll call: Alderpersons: Aaron Costello, Bill Waugh, Lloyd LaCroix, Sam Kooiker, and Patti Martinson. The following arrived during the course of the meeting: None. The following were absent: None. Staff members present included: Joel Landeen, Assistant City Attorney; Robert Ellis, Public Works Director; Jim Preston, Finance Officer; Marcia Elkins, Growth Management Director; Dale Tech, City Engineer; James Johns, Police Department; Tim Behlings, Fire Department; and Brenda Vespested, Public Works Administrative Assistant. (NOTE: For the sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Agenda.) Approve Minutes of June 1, 2010 LaCroix moved, second by Waugh to approve the minutes of June 1, Motion carried unanimously. Adoption of the Agenda LaCroix moved, second by Kooiker to adopt the agenda with the following additions. Motion Item 6a: Update on 2 nd Floor Review Mayor Alan Hanks. Item 6b: Council Budget Information Mayor Alan Hanks. SPECIAL ITEMS FROM THE PUBLIC PW Imperial Hotel Sign at 100 Saint Joseph Street Roman & Wilma Kurylas. Landeen explained the situation and possible solutions. Teresa Kurylas was present for her parents to ask that the sign be allowed to stay in its current position. Kooiker asked Elkins if there were any other jurisdictions that allowed encroachments into the right-of-way and Elkins said that the only one she knows of is the State of South Dakota with a license. Kooiker moved, second by Waugh to stay enforcement and have staff bring forward a report at the August 31, 2010, Public Works Committee Meeting regarding the ability to grant encroachments on a permit basis. Motion carried by a vote of 4-1, with Costello opposed. PW Drainage Issues at 5212 Winterset Drive Robin Patterson. Robin Patterson lives at 5212 Winterset Drive and was present to explain the situation with the water drainage and flooding coming from the Springbrook Acres Subdivision behind her. There was some discussion on imposing fines, but Landeen indicated that Springbrook Acres Subdivision had 1

2 been developed in the County. Elkins explained that a drainage easement in the middle of Patterson s lot was vacated in 2007 at Patterson s request and a major drainage easement was approved to relocate this vacated easement, of which parts of this drainage plan have not been implemented. Elkins also said that there were no drainage easements recorded against the adjacent properties when platted in the County in the 1970 s. There was more discussion on the drainage and the houses to the north of Patterson s house are also getting flooded. Kooiker moved, second by Martinson to continue to the June 29, 2010, Public Works Committee Meeting to allow staff to explore options. Motion (Continued to the June 29, 2010, Public Works Committee Meeting) PW Request Compost Fee Waiver for the Educational Nature Walk Project Rapid City Garden Club. LaCroix moved, second by Waugh to Approve the Compost Fee Waiver for the Educational Nature Walk Project. Motion On Consent PW Request Compost Fee Waiver for Lemmon Street Community Garden. LaCroix moved, second by Waugh to Approve the Compost Fee Waiver for the Lemmon Street Community Garden. Motion On Consent Debris Along Rapid Creek at 6664 Green Oak Lane Jill LaCroix. Jill LaCroix was present to ask for help with cleaning up and disposing debris that was deposited in her backyard from Rapid Creek when it was overflowing on May 24, Jill LaCroix showed the Committee pictures of the debris; which was numerous tires, a refrigerator, and other trash. LaCroix moved, second by Waugh to continue to the June 29, 2010, Public Works Committee Meeting to allow time to explore options for help with clean up and reduced rates at the Landfill. Motion (Continued to the June 29, 2010, Public Works Committee Meeting) PW Drainage issues on Creek Drive Sam Bice. Sam Bice was present on behalf of his mother, Faye Bice, who owns property at 1220 Creek Drive. Bice explained that water runoff from the Perrine Drainage Basin is flowing into the Howthorne Ditch, which in turn is overflowing and flooding his mother s property on Creek Drive. Bice is asking that the Perrine Drainage Basin be fixed to allow the water runoff to flow to Rapid Creek instead of the Hawthorne Ditch. Faye Bice requests that the City reimburse her for the damage to her property from the flooding on May 25, Tech indicated what needs to be done to correct the drainage situation is part of the Perrine Drainage Basin Design Plan, but funding is required for the City to do this and recommends that this item be sent to the CIP Committee for consideration. Kooiker moved, second by LaCroix to acknowledge the report and refer the discussion of the Perrine Drainage Basin Design Plan to the June 25, 2010, Capital Improvements Program Committee for consideration. Motion On Consent ITEMS FROM THE MAYOR Mayor Alan Hanks stated that he should be getting the final report on the review of 2 nd floor sometime this week and will share it with the City Council when it comes in. Waugh moved, second by Kooiker to acknowledge the report. Motion On Consent 2

3 Mayor Alan Hanks gave the Committee a CD copy of the entire proposed budget and asked them to review it. Kooiker moved, second by LaCroix to acknowledge the report. Motion carried unanimously. On Consent ITEMS FROM ALDERMEN AND COMMITTEE REPORTS 'Standard of Care' for Rapid City Properties Alderwoman Patti Martinson. (Continued from the June 1, 2010, Public Works Committee Meeting) Landeen said that City Attorney Jason Green looked at the nuisance ordinance and Green did not believe there is much beyond what we can currently do as far as nuisances and declaring things nuisances. Martinson moved, second by LaCroix to acknowledge the report. Motion On Consent PW Update on Cabela s Land Transfer Aldermen Bill Waugh and Sam Kooiker. (Continued from the June 1, 2010, Public Works Committee Meeting) Waugh wanted to know if the City had gotten an answer from Cabela s on the land transfer and property tax liability. Landeen said that City Attorney Jason Green spoke with Kent Kelsey from Cabela s the other day and a letter that is on the way. Landeen indicated that the letter should be here before the City Council meeting on Monday night. Waugh moved, second by LaCroix to acknowledge the report and wait until Monday night for the response letter. Motion Garbage Rates: Review and Reduction Alderman Sam Kooiker. Kooiker wants to take a look at the garbage rates and the tipping fees to make sure that they are appropriate in light of the losses that we now know to have occurred at the Landfill. Kooiker believes that the best place to discuss the rates and the master plan would be at the Solid Waste Committee, but before they do that Kooiker believes that it is appropriate to make an effort to determine the true loss at the Landfill and the impact on the revenue stream. Ellis stated that the current rates were established a few years ago on an analysis for 2007, 2008, 2009, 2010, and Ellis said that they are preparing to look at the rates in the next year or so because there were assumptions that were made back in 2006 and 2007 and these assumptions have changed. Ellis would like to take a look at the rates, but wants to wait until the litigation is finalized and look at what happens with the electric rates. Ellis also recommends that an outside company come in and do a complete cost of service analysis and revenue adequacy, very similar to what was done with the water and sewer rates over the past few years. Kooiker moved, second by Waugh to continue to the June 29, 2010, Public Works Committee Meeting to allow time for options to be brought forward on analyzing the rates. Motion (Continued to the June 29, 2010, Public Works Committee Meeting) ITEMS FROM CITY ATTORNEY S OFFICE Kooiker and LaCroix left the meeting during the presentation. Presentation on Changes in Bid Law Joel Landeen. Landeen gave a presentation on the changes that the South Dakota Legislature made in bid law. Waugh moved, second by Martinson to acknowledge the report. Motion On Consent 3

4 APPROVE CHANGE ORDER PW Waugh moved, second by Martinson to Approve Change Order No. 1 to Western Municipal Corporation for 11 th Street Alley Sanitary Sewer Reconstruction, Project No. SS / CIP No , for an increase of $19, Motion On Consent PW Waugh moved, second by Martinson to Approve Change Order No. 1F to RCS Construction, Inc. for Maple Avenue and East Idaho Street Reconstruction, Project No. ST / CIP No , for a decrease of $45, Motion On Consent PW Waugh moved, second by Martinson to Approve Change Order No. 1 to J&J Asphalt Company for Street Rehabilitation-Arrow Street, Farlow Avenue & Culvert Street, Project No. ST / CIP 50549, for an increase of $17, Motion carried unanimously. On Consent AUTHORIZE STAFF TO ADVERTISE FOR BIDS PW Waugh moved, second by Martinson to Authorize Staff to Advertise for Bids for 9 th Street Water Main, Project No. W / CIP No Estimated cost: $100, Motion On Consent AUTHORIZE MAYOR AND FINANCE OFFICER TO SIGN PW Waugh moved, second by Martinson to Authorize Mayor and Finance Officer to Sign an Agreement between City of Rapid City and Highway Improvement, Inc. for 2010 Asphalt Surface Crack Sealing, Project No. ST / CIP No , in an amount not to exceed $72,500. Motion On Consent PW Waugh moved, second by Martinson to Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for WRF Primary Digester Cover Replacement, Project No. WRF / CIP No , in the amount of $68, Motion On Consent PW Waugh moved, second by Martinson to Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Contract with Sim s Glass for Bus Shelter Renovation. No cost amendment, time extension only. Motion On Consent PW Waugh moved, second by Martinson to Authorize Mayor and Finance Officer to Sign Various Right-of-way Agreements and Authorize Acceptance of Deeds and Easement Documents for the East Anamosa Street Extension, Project No. ST / CIP No , SDDOT Project No. P1648(01). Motion On Consent DEPARTMENT OF GROWTH MANAGEMENT No. 10FV005 - Chapel Valley Subdivision Waugh moved, second by Martinson to Approve with staff stipulations a request by Sarah Baron Houy for a Fence Height Exception to allow a 4

5 six foot high fence within the 25 front yard setback on Lot C of Lot 10 of Block 1 of Chapel Valley Subdivision, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4515 Steamboat Circle. (Continued from the June 1, 2010, Public Works Committee Meeting) Motion PW Waugh moved, second by Martinson to Approve with a waiver of right to protest a Request to waive requirement to install sidewalk per City Ordinance , located at 1876 Lombardy Drive legally described as Lot 9 of Block 1 of Lombardy Industrial Park, located in Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Motion On Consent DEPARTMENT OF PARKS AND RECREATION PW Waugh moved, second by Martinson to Approve Change Order #1 for Rapid City Parks Restroom Renovation, Project PR , GBA, Inc., for an increase in the amount of $9, and a time extension of 13 days at Canyon Lake Shelters 1, 2 and 3. Motion On Consent PW Compost and Wood Chip Mulch used on Parks and Recreation Department Projects Jerry Cole. Waugh moved, second by Martinson to allow the Parks and Recreation Department to use compost and wood chip mulch provided from the Solid Waste Division at no cost for Parks and Recreation Department projects. Motion On Consent EXECUTIVE SESSION for the purposes permitted by SDCL Waugh moved, second by Martinson to go into Executive Session at 2:00 p.m. for the reasons permitted by SDCL Motion The Public Works Committee came out of Executive Session at 2:29 p.m. with a motion by Waugh, second by Martinson. Motion ADJOURN There being no further business to come before the Committee, a motion was made by Waugh, second by Martinson to adjourn the Public Works Committee meeting at 2:30 p.m. Motion 5