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2012-12-27 Special Meeting Kodiak Island Borough Assembly Special Meeting Agenda Thursday, December 27, 2012, 7:30 p.m. Borough Conference Room 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. PUBLIC HEARING 1. Ordinance No. FY2013 -12 To Dispose, by Permit or License, to the City of Kodiak a Portion of Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013. 4. ADJOURNMENT This meeting was called by Assembly. Page 1 of 1 n �. KODIAK ISLAND BOROUGH i a �' If "'t � t AGENDA STATEMENT SPECIAL MEETING OF: DECEMBER 27, 2012 ITEM NO.: 3.A.1 TITLE: Ordinance No. FY2013 -12 To Dispose, by Permit or License, to the City of Kodiak a Portion of Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -12, Agreement, Letter from the City, Map 24 APPROVAL FOR AGEN SUMMARY STATEMENT: The sewage sludge processed through the wastewater treatment plant (biosolids) has been disposed of at the Borough landfill for many years. By a memorandum of agreement (MOA) in 2007, the City and Borough agreed that the landfill would continue to accept biosolids until it interferes with landfill operations. Last June the Borough Manager notified the City Manager that, due to operational difficulties at the active face of the landfill precipitated by the increased volume of biosolids, the Borough will be unable to accept biosolids at the landfill after Dec. 15, 2012. Since that notification, the City has spent a considerable amount of time and resources trying to identify a site as a long term solution for processing the biosolids into Class A EQ compost. In the interim, the City has sought a short term solution to stockpile biosolids using ADEC's approved method, but this would require additional transporting and and handling at considerable cost to the City. A short term solution has been identified consisting of utilizing an area of approximately 27,720 sq. ft. at the landfill for processing biosolids into Class B compost, which then could be disposed of in the landfill to fill voids and for cover material approved by ADEC. A temporary land use license agreement between the Borough and the City for use of this area at the landfill by the City for processing biosolids into Class B compost will continue the cooperative efforts consistent with the MOA, offering a short term solution benefiting the community and rate payers while giving the City time to implement a long range plan for processing the biosolids into Class A EQ compost. The land use license agreement will outline issues related to insurance, safety, liablility, and indemnification as approved by the Borough Attorney. The license agreement will be temporary and will terminate on approximately August 15, 2013. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -12. Kodiak Island Borough Page 1 of 1 1 Introduced by: KIB Manager Requested by: KIB Manager Drafted by: Resource Management Officer Introduced: 12/20/2012 Public Hearing: 12/20/2012 Adopted: 2 3 KODIAK ISLAND BOROUGH 4 ORDINANCE NO. FY2013 -12 5 6 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 7 TO DISPOSE OF, BY PERMIT OR LICENSE, TO THE CITY OF KODIAK A PORTION OF 8 LAND UP TO 27,720 SQUARE FEET LOCATED ON TOP OF THE ACTIVE LANDFILL AT 9 1203 MONASHKA BAY ROAD EAST TO TEMPORARILY PRODUCE CLASS B 10 COMPOST UNTIL APRPDXIMATELY AUGUST 15, 2013 11 12 WHEREAS, the sewage sludge processed through the wastewater treatment plant 13 (biosolids) has been disposed of at the existing Kodiak Island Borough (KIB) landfill for many 14 years; and 15 16 WHEREAS, a memorandum of agreement (MOA) between the City of Kodiak (City) and 17 the Kodiak Island Borough dated August 14, 2007 agreed that the landfill will continue to 18 accept sludge from the treatment plant until landfill operations preclude KIB's ability to 19 accept sludge, at which time KIB would provide the City with a notification of that 20 determination six months prior; and 21 22 WHEREAS, in a letter dated June 5, 2012, the Borough Manager notified the City 23 Manager that due to operational difficulties at the active face of the landfill precipitated by 24 increased volumes of sludge, the KIB will be unable to accept sewage sludge at the landfill 25 after December 15, 2012; and 26 27 WHEREAS, the City has spent a considerable amount of time and resources since that 28 notification to identify solutions for the disposal of the biosolids at a location other than the 29 landfill; and 30 31 WHEREAS, completion of ADEC permitting review for composting of the biosolids into 32 Class A EQ compost at other identified sites may take months or longer; and 33 34 WHEREAS, a short-term solution to stockpiling biosolids using ADEC's approved method 35 until a permit to compost to Class A EQ standards can be issued would require additional 36 transporting and handling at substantial cost to the City; and 37 38 WHEREAS, City and Borough staffs have been working cooperatively to find both short- 39 term and long -term solutions for the safe and affordable disposal of the community's 40 biosolids; and 41 Kodiak Island Borough, Alaska Ordinance No. FY2013 -12 Page 1 of 3 42 WHEREAS, an area of approximately 27,720 sq. ft. has been identified at the landfill that 43 can serve in the short-term for processing biosolids into Class B compost, which would then 44 be disposed of in the landfill to fill voids and help shape the contours in preparation for final 45 cover and closure; and 46 47 WHEREAS, in a memo dated December 13, 2013 the City Manager has expressed 48 willingness to enter into an agreement to deliver biosolids to this identified area of the landfill 49 and utilize a City contractor to compost and dispose of it within the landfill as directed by 50 landfill staff; and 51 52 WHEREAS, ADEC has approved of this area within the landfill for processing biosolids 53 into Class B compost, and has approved Class B compost as a cover material acceptable at 54 the landfill; and 55 56 WHEREAS, KIBC 18.20.170 defines "disposal" as any transfer of real property including 57 revocable license; and 58 59 WHEREAS, this temporary land use license will continue the cooperative efforts consistent 60 with the MOA between the KIB and the City for delivery to and utilization at the landfill for 61 biosolids, offering a short-term solution benefiting the community and ratepayers while giving 62 the City time to implement a long range solution for processing the biosolids into Class A EQ 63 compost as originally planned. 64 65 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 66 BOROUGH THAT: 67 68 Section 1: This non -code ordinance is of a temporary and non - permanent nature and 69 shall not become a part of the Kodiak Island Borough Code of Ordinances; 70 and 71 72 Section 2: In order for the City to utilize the land identified at the KIB landfill for 73 processing of biosolids into Class B compost, KIB and the City will enter into a 74 Land Use License Agreement for use of KIB Property. The land use license 75 agreement will outline issues related to insurance, safety, liability, and 76 indemnification, and is subject to approval by the Borough Attorney prior to 77 being signed by the Borough Manager. The license agreement is temporary 78 and will terminate on approximately August 15, 2013; and 79 80 Section 3: This ordinance exempts the permit from the requirements of KIBC 81 18.20.030(A) Planning and Zoning Commission review and recommendation 82 to the Assembly, to the extent such review may be required, due to the 83 temporary and critical nature of this public need, the diligence of the City of 84 Kodiak in investigating other sites, and the expense associated with using 85 alternative location; and 86 Kodiak Island Borough, Alaska Ordinance No. FY2013 -12 Page 2 of 3 87 Section 4: The Borough Manager is authorized to execute and deliver on behalf of the 88 Kodiak Island Borough a temporary land use license agreement, in 89 substantially the form presented at this meeting, to be entered into between 90 the KIB and the City of Kodiak for use by the City and its contractor of a 91 27,720 sq. ft. area within the Borough Landfill for the processing of biosolids 92 from the treatment plant into Class B compost for utilization at the landfill. 93 94 Section 5: This ordinance shall be effective upon adoption. 95 96 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 97 THIS DAY OF 2013 98 99 100 KODIAK ISLAND BOROUGH 101 102 103 104 Jerome M. Selby, Borough Mayor 105 106 ATTEST: 107 108 109 110 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -12 Page 3 of 3 • LICENSE AGREEMENT FOR USE OF KODIAK ISLAND BOROUGH PROPERTY THIS LICENSE AGREEMENT, effective the day of , 20 , is made and entered into by and between the Kodiak Island Borough, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615 -6340, hereinafter referred to as "Borough" and the City of Kodiak, a municipal corporation, organized and existing under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Alaska 99615 -6340, hereinafter referred to as "Licensee;" 1. Premises. Borough hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereinafter stated, of approximately 27,720 square feet of a portion of the following- described premises as further identified on a drawing attached hereto as Exhibit A. Kodiak Island Borough Landfill Tract According to Plat 96 -31, recorded in the records of the Kodiak Recording District, Third Judicial District, State of Alaska. 2. Purpose. The purpose of this License Agreement is to allow the Licensee use of a portion of the Borough's landfill area to store sludge and create Class B compost. 3. Use. The premises may be occupied and used by Licensee and its contractor solely for the purpose stated in Section 2. Licensee has contracted with Quayanna Development Corporation for transportation and handling of Licensee's sewage sludge and composting on the Premises pursuant to regulations of the State of Alaska Department of Environmental Conservation and guidance issued by the U.S. Environmental Protection Agency. Licensee will not amend its agreement with its contractor, or replace its contractor with another contractor, without providing 20 days' notice to the Borough and allowing the Borough to voice any objections or concerns. All work by Licensee or its contractor shall be conducted in a manner that will not unreasonably interfere with Borough's landfill operations. Licensee will comply with all reasonable requests from Mike Patterson, the Borough Landfill Supervisor, or other person designated by the Borough Manager. 4. Term. The term of this License Agreement shall begin on December 28, 2012 and continue until August 15, 2013, unless earlier terminated. The use of the land granted to Licensee is temporary. 5. Consideration. In consideration for this license, Licensee shall pay to Borough fair market value of the property as determined by the Borough Assessor. Payment is due and payable upon execution of this License Agreement and thereafter on the first of each calendar month. In addition, Licensee shall comply with all covenants and obligations herein described, which remain in effect for the term of this License Agreement. Licensee shall keep its operations safe and in good order and shall comply with all state and federal laws and regulations relating to sludge disposal and compost, hazardous material handling and disposal, and environmental cleanup and remediation. Page I of 3 6. Insurance. Licensee shall maintain, for itself and any contractors, (a) general liability insurance with minimum limits of $1,000,000 per occurrence and $5,000,000 aggregate; (b) automobile liability insurance covering all owned, hired, and non -owned vehicles with minimum limits of $1,000,000 each occurrence; (c) environmental liability insurance with minimum limits of $2,000,000 per occurrence; and (d) workers' compensation insurance as required by AS 23.30.045. The Borough shall be a named insured for liability coverage. Deductibles shall be in amounts approved by the Borough Manager. Insurance carriers shall have a financial rating acceptable to the Borough Manager. 7. Liability and Indemnity. Borough makes no representations regarding the suitability of the site for Licensee's intended use. Except and to the extent solely caused by Borough's own negligence or intentional misconduct, Borough shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal, or activity of Licensee, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees, contractors, or invitees. The Licensee assumes responsibility for any negligent acts of its officers and employees, in the scope of employment, incident to this License Agreement. Any requirement for the payment or obligation of funds by the Licensee shall be subject to the availability of appropriated funds. By acceptance hereof, the Licensee assumes full responsibility for the activities, equipment, and personnel incident to this License Agreement. 8. Interest. This does not convey an interest in land, is personal to the Licensee, and is not assignable. IN WITNESS WHEREOF, the parties hereto have executed this document by and through their duly authorized officials. KODIAK ISLAND BOROUGH, ALASKA CITY OF KODIAK, ALASKA Charles E. Cassidy Jr. Aimee Kniaziowski Administrative Official City Manager ATTEST: ATTEST: Nova Javier, MMC, Borough Clerk Debra Marlar, MMC, City Clerk (Borough Seal) (City Seal) Page 2 of 3 STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 2012, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Charles E. Cassidy Jr., known to me and to me known to be the Administrative Official for the Kodiak Island Borough, Alaska, and authorized to execute documents on behalf , and is the individual named in and who executed the foregoing document on behalf of the Kodiak Island Borough for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. Notary Public in and for Alaska My commission expires: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 2012, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Aimee Kniaziowski, known to me and to me known to be the City Manager for the City of Kodiak, Alaska, and authorized to execute documents on its behalf, and is the individual named in and who executed the foregoing document on behalf of the City of Kodiak, Alaska for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year hereinabove written. Notary Public in and for Alaska My commission expires: Page 3 of 3 EXHIBIT A rte,, = — , T , r 414%, ..,� „r--I v r ' d ii . h . _ ..r / ta- , . as . s^ g - t i 11 t w 4 es * Y ei *�'�� - � � �,7,r) g , s A a s t y . 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' # • �i �f _ �0 / r % ,� Yom ,_ ' N r - - ' 1 LT ... ., I r, 4 r r ''^� ea , „ t . . ' = ij • 1 } " �, eb." .� ' • B A LE ° v e c". ' , ?' u- 4-di {�E t. gg{ w v •G : - ` -4 3* ,,y y - 'P's S { a J . h %`' -.!Lt - ,i+ i rt I f 4 1 's okt i CT . r •" >., " s i.1 }.., { i, y v � ', 4 ' ;r : t r' . ' a r 1 'i. ' ` I'G� - ' C - '- Oro -08 I . }, z r . � . "� '' �� • ' � �.F j ....,,,. 4 . ' et Q --4.= " L . Pr 8amaa7 5 v a' V � . ,4 q + e„ } t , z, flat, a} J.y �t `{ ., {� _ y 1 1 e a.„ aio. _ r.un ' s;, As. :+.7 , c � { a #. t v ° . k 1 _._ __ ate. - - t Kodiak Island Borough Assembly Special Meeting Guidelines December 27, 2012, Borough Conference Room 1. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Mayor Selby and Assembly member Bonney who are absent due to personal leave. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2013 -12 To Dispose, by Permit or License, to the City of Kodiak a Portion of Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013. Recommended motion: Move to adopt Ordinance No. FY2013 -12. Staff Report — Administrative Official Cassidy Open public hearing. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines December 27, 2012 Page 1 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET /� Regular Special J Date: Ial art) 3-Di Convened: I ' � O Recessed: Reconvened: Adjourned: 0 • ° 5 BY: BY: pi ( (N u BY: N\A /I 'LQ,INatiki BY: kij BY: SECOND: SECOND: j4 SECOND: K I SECOND: , SECOND: w saYs\ r± 6foL A\ ce' u„iv DId YES - NO • = YES t NO YES NO YES NO _ _ YES NO Ms. Austerman ✓ Ms. Austerman Ms. AustermauA �' Ms. Austerman ✓ Ms. Austerman Mr. Bonney ✓ MrrBortney— AAr —easy �/ Mr-6 MI. Burnley erx3ey— Mr. Griffin V/' Mr. Griffin Mr. Griffin ✓ Mr. Griffin / � Mr. Griffin Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan t / Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch v / ✓ Ms. Lynch / Mr. Stephens ✓ Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes p_HANGE OF VOTE? HANGE_OFVOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTESCHANGE OF VOTE ?j TOTAL: TOTAL TOTAL: (a C) TOTAL: (0 U TOTAL: The mayor may of vot except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby \ V Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH WORK SESSION / S�'CCA Cl/rl' -'Tti I Work Session of: 19(3 Please PRINT your name Please PRINT your ame ._2---*-- (-- -e--- ' 4C Jr\ Ainr i 2 2),-.,W,,W ,n ,v6 a6.4 �nii /n {).( /»l4 it J40 ° � 5 in N 9171 WINIA 61 61 9 1 9 .-KthA J i F 4 fO/LGI °tee '. . . PILL 4 174 k&C / Ko-zakt