FY2014-11 Accepting the Recommendation of the Planning and Zoning Commission for Disposal of Landfill Property for Class B Composting Introduced by: Borough Manager
1 Requested by: Borough Manager
Drafted by: Resource Manager Officer
2 Introduced: 08/15/2013
3 Public Hearing:
4 FAILED
5 KODIAK ISLAND BOROUGH
6 RESOLUTION NO. FY2014-11
7
8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND
9 BOROUGH ACCEPTING THE RECOMMENDATION OF THE PLANNING
10 AND ZONING COMMISSION FOR DISPOSAL BY LONG-TERMjLMSE OF
11 A 2.36 ACRE PORTION OF THE KODIAK ISLAND Bor. t7G�t�' NDFILL
12 TRACT (1203 MONASHKA BAY ROAD EAST) TO TJ ITY OF KO IA
13 FOR FAIR MARKET VALUE TO TEMPORARILY OR OIZUCE CLAS 'B
14 COMPOST UNTIL APRPDXIMATELY SEPTr 15, 2011,4
15 ,
16 WHEREAS, Kodiak Island Borough Code (KISS) 18.20b30 requlr s ea disposal of
17 Borough land to be reviewed by the Planning ar#d oorjg ,C nmission,�ith,the Commission
18 making a recommendation on the requested disposal qre olution before its forwarded to the
19 Borough Assembly; and et
20 '4
t
21 WHEREAS, 2.36 acre site withi t s, Kodiak Island Bo 0u Landfill Tract has been
22 requested for disposal at fair atket val>a-_by the City o odiak for a biosolids composting
23 site; and ''
24
25 WHEREAS, the Planning and Zoni 'gifrAmmissioLb.s adopted Resolution No. 2014-01 at a
26 public hearing on Jul 7, 2013 finding ttlat�a�2.3 acre site within the Kodiak Island Borough
Wit.-z:-
27 Landfill Tract is surplu at `acticlandfill open t�i s and will serve a public purpose beneficial to
28 the Borough as a comp tin c te;.a d
29 ,�, o-«
30 WHERE 'S, the biosoli ..rocesse¢v hrough the wastewater treatment plant have been
31 dispose of at tsting K diak Island Borough (KIB) landfill for many years; and
32
33 WHEREA 41, memorandurprof agreement (MOA) between the City of Kodiak (City) and the
34 KIB dated AA gusc4, 2007 agreed that the landfill would continue to accept biosolids from the
35 treatment planti tlltll an fill operations precluded KIB's ability to accept biosolids, at which time
36 KIB would provideliptity with a notification of that determination six months prior; and
37
38 WHEREAS, the City spent a considerable amount of time and resources to identify solutions
39 for the disposal of the biosolids at a location other that the landfill following notification from the
40 KIB in 2012 that, due to operational difficulties at the active face of the landfill precipitated by
41 increased volumes of sludge, the KIB would be unable to accept sewage sludge at the landfill
42 after December 15, 2012; and
43
Kodiak Island Borough, Alaska Resolution No. FY2014-11
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44 WHEREAS, the temporary license agreement between the City and the Borough, which
45 began in December, 2012 and allowed Class B composting to continue at the existing site on
46 top of the active landfill, will expire on August 15, 2013; and
47
48 WHEREAS, completion of ADEC permitting review for composting of the biosolids into Class
49 A Exceptional Quality (EQ) compost may take up to a year; and
50 WHEREAS, City and Borough staffs have been working cooperatively to find both short-term
51 and long-term solutions for the safe and affordable disposal of the community's biosolids; and
52
53 WHEREAS, 2.36 acre site has been identified at the landfill that can'serVe,in the short term,
54 for processing biosolids into Class B compost, and, in the long to m, for processing biosolids
55 into Class A compost; and
56 s.
57 WHEREAS, ADEC has approved of this area within thei. la dfill for:,.rocessmg iosolids into
58 Class B compost, and has approved Class B compost thas a cover at vial acceptable at the
59 landfill; and r `
60
61 WHEREAS, KIBC 18.20.170 defines "disposal" as any ansfer of Veal property, including
62 revocable license; and KIBC Section 18.20.030 states tha Borough landPdisposals that are not
63 subject to approval by ordinance are select to approval by as mbl solution.
64 A
65 WHEREAS, this temporary lantl use lic rise will continue the cooperative efforts consistent
66 with the 2007 MOA between.tf$ àlB and thevay for deliv�ery to and utilization at the landfill of
67 the biosolids, offering a short-term 's lution be eft-igithe community and ratepayers while
68 giving the City time to implement a 'Arrange soEtiorr for processing the biosolids into Class
69 A EQ compost as ori.ina I planned.
70 �s
Y ""x
71 NOW, THEREFORE, B ITT°RESOLVED Br THE ASSEMBLY OF THE KODIAK ISLAND
72 BOROUGH THAT: \
73 r'
74 Section : Cbeen;wwsistent w the recommendation of the Kodiak Island Borough Planning and
75 Z ant tlg Commission by Resolution No. FY 2014-01 for disposal of a 2.36 acre
76 ite within the Kodiak Island Borough Landfill Tract (Plat 96-31), this property,
77 t�.,- tified by the survey description (Exhibit A) attached, is surplus to the
78 BIigh' active landfill operational needs.
79 x
80 Section 2: In o der for the City to utilize the land identified at the KIB landfill for a public
81 purpose beneficial to the Borough by processing of biosolids into Class B
82 compost, KIB and the City will enter into a Land Use License Agreement for
83 Use of KIB Property. The land use license agreement will outline issues related
84 to insurance, safety, liability, installations/improvements, and indemnification,
85 and is subject to approval by the Borough Attorney prior to being signed by the
86 Borough Manager. The license agreement is temporary and will terminate on
87 approximately September 15, 2014.
88
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89 Section 3: The Borough Manager is authorized to execute and deliver on behalf of the
90 Kodiak Island Borough a temporary land use license agreement to be entered
91 into between the KIB and the City of Kodiak for use by the City and its
92 contractor of a 2.36 acre (Exhibit A) portion within the Kodiak Island Borough
93 Landfill Tract for the processing of biosolids from the treatment plant into Class
94 B compost for utilization at the landfill.
95
96 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
97 THIS DAY OF 2013
98
99 KOD A ISLA Q'BOROUGH
100
101 � s
102
103 ATTEST: /Jerome M.'' eby, Borp gh Mayor
104 ,.105 ,dam „
106
107
108 Nova M. Javier, MMC, Borough Clerk .
et, II
te
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