Notice of Intent to Adopt a Board Rule
Consistent with the requirements of the Alaska Railroad Corporation Act, AS 42.40.180, the Alaska Railroad Corporation (ARRC) hereby issues public notice of its intent to adopt Board Rule No. 23, ARRC Transitional Residential Land Use Policy at a regular meeting of the Board of Directors to be held on Thursday, June 7, 2012, at 10:00 a.m. at the Alaska Railroad Headquarters Building, James B. Blasingame Board Room, 327 West Ship Creek Avenue, Anchorage, Alaska.
ARRC will open its opportunity for public comment at 10:10 a.m. during its Board Meeting on Thursday, June 7, 2012, at the above location to hear public comments regarding the adoption of Board Rule No. 23, ARRC Transitional Residential Land Use Policy. Public comment on any other agenda items will be heard immediately following commentary on the proposed rule. All Board Meetings are open to the public.
Individuals with a disability who may need special accommodations in order to participate in the public comment portion of the meeting should contact Wendy Lindskoog at 907-265-2498; TDD number 907-265-2621. Forty-eight (48) hours’ notice is requested in order to accommodate special needs.
The following summarizes the contents of the rule to be considered at the public session. Copies of the proposed rule are available by writing to: Alaska Railroad Corporation, P.O. Box 107500, Avenue, Anchorage, Alaska 99550-7500, Attention: Board Secretary; by calling the Headquarters Office in Anchorage at 907-265-2498, or visiting
www.AlaskaRailroad.com > Real Estate > Leasing and Permitting.
Board Rule 23, ARRC Transitional Residential Land Use Policy
Summary: Proposed Board Rule 23, referred to as the ARRC Transitional Residential Land Use Policy, Proposed Board Rule 23, referred to as the ARRC Transitional Residential Land Use Policy, establishes consistent guidelines for ARRC to preserve and protect the intended purpose of the ARRC Right-of-Way (ROW) as defined under AS 42.40 by ultimately phasing out residential uses of the ROW by adjoining property owners.
In addition to its primary purpose of accommodating railroad operations, the ROW provides maximum protection to the public and ARRC employees from safety risks inherent in such operations, accommodates other priority uses set by AS 42.40.350, and delineates the extent of ARRC’s property interests near its tracks. Over time, non-permitted uses and non-permitted construction by adjoining residential property owners have occurred within the ROW. Such uses and construction pose safety risks to the public and to ARRC employees and equipment, and could limit the use of the ROW for utility corridor and other priority purposes.
The proposed ARRC Transitional Residential Land Use Policy will achieve the phasing out of currently existing residential uses of the ROW by setting up a transitional permit process solely for existing residential uses and structures in the ROW. All permits issued under the proposed policy will:
1) Require payment of an annual permit fee.
2) Terminate on the date ownership interest in the adjoining residential property is transferred by the permit holder.
3) Require that all structures be removed from the ROW and all areas of the ROW subject to the permitted use be vacated upon termination of the permit.
4) Provide that costs associated with removal of structures and the vacation of the ROW will be the sole responsibility of the permit holder. By allowing current structures and uses to remain under the new permit process until ownership interest in the property transfers, the policy will allow current residential users time to plan for any such costs.
Draft Policy
Notice of Intent to Amend a Board Rule
Consistent with the requirements of the Alaska Railroad Corporation Act, AS 42.40.180, the Alaska Railroad Corporation (ARRC) hereby issues public notice of its intent to amend Board Rule No. 11 – “Long-Term Lease Policy” at a regular meeting of the Board of Directors to be held on Thursday, June 7, 2012, at the Alaska Railroad Headquarters Building, James B. Blasingame Board Room, 327 West Ship Creek Avenue, Anchorage, Alaska.
ARRC will open its Board meeting at 10:00 a.m. on Thursday, June 7, 2012, at the above location and will commence a public comment opportunity regarding amendment of Board Rule No. 11 – “Long-Term Lease Policy” starting at 10:10 a.m. All Board meetings are open to the public.
Individuals with a disability who may need special accommodations in order to participate in the public comment portion of the meeting should contact Wendy Lindskoog at 907-265-2498; TDD number 907-265-2621. Forty-eight (48) hours’ notice is requested in order to accommodate special needs.
Copies of the proposed rule are available by writing to: Alaska Railroad Corporation, P.O. Box 107500, Anchorage, Alaska 99510-7500, Attention: Board Secretary, by calling the Headquarters Office in Anchorage at 907-265-2498, or going to
www.alaskarailroad.com >Real Estate > Leasing or Permitting. Written comments on the proposed rule may also be mailed to the above address, Attention Board Secretary or e-mailed to Lindskoogw@akrr.com. Written comments must be received prior to the Board meeting in order to be considered.
The following summarizes the contents of the rule changes to be considered at the public session.
Board Rule 11 – Long-Term Lease Policy
Summary: The purposes of the proposed changes to this rule are (i) to provide alternative mechanisms for rent adjustment during the term of certain leases; (ii) to reflect the Legislature’s amendment of Alaska Statute 42.40.285(4) to allow longer term leases by ARRC; (iii) to provide that the rental rate percentage used to calculate fair market rent can be varied during the lease term; and (iv) to otherwise reflect ARRC’s current leasing practices.