MEMORANDUM

TO: Tim Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Dale Bagley, Mayor

Bill Popp, Assembly Member

DATE: November 9, 2000

SUBJECT: Ordinance 2000-57, KPB 14.40 amendments regarding construction and control of borough rights-of-way

The primary goal of the borough regulations addressing roads and rights-of-way is to have borough roads on the maintenance system constructed to borough road standards and within the right-of-way which enhances safety, reduces maintenance costs, and curtails time-consuming right-of-way disputes. Another goal is certifying roads for maintenance that access residences in order to better provide road service to our citizens. The borough has also experienced problems with people blocking borough rights-of-way (whether or not on the maintenance system) and also mining gravel and timber from rights-of-way or otherwise damaging rights-of-way leaving them in a condition which will make future construction difficult and more expensive. The borough needs incremental and responsible improvement of rights-of-way to accommodate access for its citizens.

The current permit system (Ordinance 99-48) for non-maintained borough rights-of-way is not working for at least the following reasons: There is confusion with two different departments (Planning & Roads) in two buildings issuing permits; and there are differing permit criteria & regulations for the two departments.

If the current permitting system is sunsetted for December 31, 2000, the prior provisions requiring all rights-of-way to be constructed to borough standards will be reinstated. The stringent requirement of making a single citizen construct a public road that benefits numerous people to borough standards was unfair and turned citizens into outlaws because it became easier to construct in violation of the law than to comply with the law.

It is recommended that the KPB 14.40 provisions requiring roads to be constructed to borough standards be repealed. It is further recommended that KPB 14.40 be amended so that all right-of-way permitting is done from the roads department using the inspectors as the permittors. Enforcement of right-of-way violations would remain in the planning department with the code compliance officer. It is also recommended that KPB 14.14 be repealed which was the original enabling ordinance for the regulations set forth in KPB 14.40 as it is confusing for citizens to look in two different places for the applicable regulations. KPB 14.14 is substantially reiterated in KPB 14.40 and KPB 12.04. The RSA board recommended adoption of these changes at its November 7, 2000, board meeting.

Shortened hearing is requested because there will be less than 25 days between introduction and public hearing. Ordinance 99-48 contained a sunset clause which will reinstate the provisions of Ordinance 98-09, codified as KPB 14.40.050(B)(11). On December 31, 2000, KPB 14.40.050(B)(11) required construction of KPB rights-of-ways to borough standards. It is recommended that the sunset clause in Ordinance 99-48 be repealed.

Also enclosed is a sectional analysis of the ordinance.