Fort Walton Beach — 2014- 7 - Holding Pond — reading text

RESOLUTION 2014 - 7 A RESOLUTION OF THE CITY OF FT. WALTON BEACH, FLORIDA SUPPORTING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SKANSKA USA CIVIL SOUTHEAST, INC. FOR THE JOINT USE OF THE CITY' S NORTH HOLDING POND AS A STORMWATER DETENTION FACILITY; AUTHORIZING THE MAYOR TO SIGN THE MOU; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ( hereinafter referred to as the Department "), is widening a portion of SR 83 ( US 33 1) over Choctawhatchee Bay in Walton County, hereinafter referred to as the " Project "); and WHEREAS, should the Department construct the Project, the Department, City of Ft. Walton Beach ( hereinafter referred to as " City") and Skanska USA Civil Southeast, Inc. ( hereinafter referred to as Contractor ") desire to expand an existing City stormwater pond ( hereinafter referred to as " City' s North Holding Pond ") which may be used jointly by the City and the Department for stormwater runoff and retention; and WHEREAS, the Parties agree that expansion and joint use of the City' s North Holding Pond would be mutually beneficial to the Department, City and the Contractor; and WHEREAS, in the event said Project is constructed, the Parties wish to enter into an Agreement FPID # 220664- 2- 52 -01) setting forth the Parties' rights and obligations concerning the expansion and joint use of the City' s North Holding Pond. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. That the City Council finds the above stated recitals to be true and correct and incorporates them herein by reference. SECTION 2. That the City Council hereby supports the proposed Project to incorporate expansion and joint use of the City' s North Holding Pond. SECTION 3. That the City Council hereby instructs its staff to coordinate and cooperate with the Department in developing, managing, and inspecting this Project. SECTION 4. That the City Council hereby authorizes the Mayor to execute the Agreement, pending legal review and approval, between the Department, the City and the Contractor. SECTION 5. That this Resolution shall take effect immediately upon adoption by the City Council.  RESOLUTION 2014 - 7 t ADOPTED this day of 2014. Mike Anderson, Mayor Attest: Approved for form, legal sufficiency Helen Spencer, Cit Clerk ayN a - y es, Jr., City me  Minutes 8, 2014 UNANIMOUS] MOVER: Mike Holmes, eat 4 SECONDER: John Mead, Co eat 3 AYES: eggs, Mead, Jamieson, Rigdon, Rynearson ABS Joyce gossom Resolution 2014 -7 Approving an MOU with FDOT for the North Holding Pond Improvements A RESOLUTION OF THE CITY OF FT. WALTON BEACH, FLORIDA SUPPORTING A MEMORANDUM OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND SKANSKA USA CIVIL SOUTHEAST, INC. FOR THE JOINT USE OF THE CITY' S NORTH HOLDING POND AS A STORMWATER DETENTION FACILITY; AUTHORIZING THE MAYOR TO SIGN THE MOU; AND PROVIDING FOR AN EFFECTIVE DATE. Synopsis: ( Engineering and Utilities Services Director) Accepts a Memorandum of Understanding with FDOT to expand the North Holding Pond in the Gap Creek Drainage Basin to improve the water quality in the Lovejoy Road and Hill Avenue area. ATTACHMENTS: 2014. 03. 24 %IOU North Holding Pond FPID # 220664- 2 -52 -01 ( DOCS) HDR Gap Creek Water Quality Report - November 2008 ( PDF) FDEP - North Holding Pond ( PDF) The Mayor read Res. 2014 -7 by title. Daniel Payne, City Engineer, informed the City' s North Holding Pond at the intersection of Lovejoy Road NW and Hill Avenue NW does not function in the treatment of stormwater to improve water quality due to the lack of a control structure at the pond outfall. Currently, an estimated 151 acres drain from the City' s Commerce & technology Park into the North Holding Pond, and ultimately out to Choctawhatchee Bay via Gap Creek and Cinco Bayou. Mr. Payne continued that as part of the construction of the new US Highway 331 Bridge in Walton County, the Florida Department of Transportation ( FDOT) approached the City about designing and constructing the identified improvements by retrofitting the North Holding Pond and improving the water quality entering Choctawhatchee Bay. - A Memorandum of Understandi ( tween the FDOT, the City, and Skanska USA Civil Southeast has been prepared to al to proceed, and there is no budget or financial impact to the City from the MOU. Res. 2014 -7 supports the MOU. Mr. Rigdon moved to adopt Res. 2014 - 7. Ms. Jamieson seconded motion and it carried unanimously. City Council of Fort Walton Beach Page 5 Printed 411012014 Regular Meeting Minutes April 8, 2014 RESULT: ADOPTED [ UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Amy Jamieson, Council Seat 5 AYES: Holmes, Griggs, Mead, Jamieson, Rigdon, Rynearson ABSENT: joyce gossom CES -FIRST READING 1894 estment Policy AN INANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR INVESTMENT POLICY OF SURPLUS FUNDS; AND PROVIDING AN EFFECT DATE Synopsis: ( Fin e Director) Recommends appro of a minor revision to the City' s Investment Policy as proposed by the City' s Investment Adv' ors. ATTACHMENTS: 04. 08. 14 FWB Investment licy ( DOC\) The City Attorney read Ord. 94 on first reading. Brandy Ferris, Finance Director, ex wined the ordinance modifies the City' s existing investment policy in relation to the Minimum Raflug Requirement for Corporate Notes. Ms. Ferris advised a representative from Morgan Stanley wbkpresent if Council had any questions. Ms. Jamieson moved to adopt Ord. 1894 on first reading. Mr. Rigdon seconded motion and it carried unanimously. RESULT: FIRST READING [ UNANIMO ] Next: 4/ 22/ 2014 6: 00 PM MOVER: Amy Jamieson, Council Seat 5 SECONDER: Bull Rigdon, Council Seat 6 AYES: Holmes, Griggs, Mead, Jamieson, Rigdon, ABSENT: joyce gossom ORDINANCES -SECOND READING None. APPOINTMENTS The Mayor received the approval from Council to designate Dr. gossom, as Mayor Pr Tem, as the backup to the Mayor for the OCLOC and Chamber Board meetings if he is unable to ttend. ACTION - DIRECTION - DISCUSSION None. City Council of Fort Walton Beach Page 6 Printed 411012014  FPID 9220664- 2 -52 -01 AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF FT. WALTON BEACH AND SKANSKA USA CIVIL SOUTHEAST INC. CONCERNING JOINT USE OF THAT CERTAIN CITY OF FT. WALTON BEACH POND REFERRED TO AS THE CITY' S NORTH HOLDING POND; AND THE RESPONSIBILITIES OF THE PARTIES RELATING TO MODIFICATIONS, OWNERSHIP, STORAGE, MAINTENANCE, AND VARIOUS OTHER MATTERS RELATING TO JOINT USE OF THE POND AS A STORMWATER DETENTION FACILITY FOR THE CITY OF FT. WALTON BEACH AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. This Agreement is between the State of Florida, Department of Transportation, hereinafter called DEPARTMENT, the City of Ft. Walton Beach, hereinafter called CITY and Skanska USA Civil Southeast Inc., hereinafter called CONTRACTOR. WITNESSETH WHEREAS, the DEPARTMENT has entered into a Design - Build Contract, designated as Contract No. E3L23 (" Bridge Contract ") with CONTRACTOR, dated July 17, 2013, for the reconstruction and improvement of a portion of SR 83 ( US 331) over the Choctawhatchee Bay in Walton County, Florida Bridge Work ") as referenced below; and WHEREAS, contingent upon the DEPARTMENT actually going forward with said reconstruction and improvements, the terms of this Agreement shall take effect and become binding upon the parties hereto; and WHEREAS, the DEPARTMENT and the CONTRACTOR desire to expand an existing City of Ft. Walton Beach stormwater pond ( " City' s North Holding Pond ") for the purpose of making the City' s North Holding Pond a " joint -use" pond which shall be used by the CITY and the DEPARTMENT for stormwater runoff and storage, all of which shall hereafter be referred to as the Project; and, WHEREAS, the parties agree that a joint -use pond would be mutually beneficial to the DEPARTMENT and the CITY, and that it would be appropriate to establish an agreement to be executed between the DEPARTMENT, the CITY and the CONTRACTOR that describes each party' s right and obligations concerning the joint use pond; and WHEREAS, the C TY by a v of the City Council of the City of Ft. Walton Beach ( " CITY COUNCIL ") on i t, 2014 has authorized the CITY to enter into this DISPOSITION Agreement ( see attach 8d copy of CITY Council Meeting Minutes); and, Nwoe 1 WHEREAS, the parties are authorized to enter into this Agreement under law, specifically but not limited to, the provisions of Chapter 334 Florida Statutes; NOW THEREFORE, in