AGENDA #5c

 

BUDGET WORKING PAPER

 

TO:                  W. Calvin Horton, Town Manager

 

FROM:            Bill Terry, Interim Public Works Director

 

SUBJECT:       Report on Request to Use Downtown Service District Funds to Provide Streetscaping, Signage, Sidewalks, Monitors and Other Features to the West Rosemary Street Business Area

 

DATE:             April 28, 2004

 

 

This working paper responds to issues raised at the Council’s budget work session on February 2, 2004.  At that work session, Mr. Tom Tucker expressed concern, on behalf of business and property owners on West Rosemary Street, about the lack of services they receive from the $70,000 that they contribute each year to the Downtown Service District.  He argued that West Rosemary Street should be entitled to the same streetscaping, signage, sidewalks, monitors and other features that one sees in the 100 block of East Franklin Street.

 

BACKGROUND

 

The Downtown Service District has typically funded downtown promotional services and events, sidewalk cleaning activities, security monitors and other ongoing efforts in support of downtown merchants.  The allocation of available funds by the Downtown Service District is based on guidelines set forth in their service agreement with the Town but the specific details of where and when services are provided has not historically been mandated by this agreement.

 

In the downtown area, streetscape, signage, sidewalk and other physical improvements projects have historically been funded from sources other than the Downtown Service District.  On April 28, 2003, Mr. Nicholas Paliouras, a Downtown Commission board member petitioned the Town Council requesting that some of the Town’s available Streetscape funds be allocated to improvements on West Rosemary Street similar to those currently being requested by Mr. Tucker.

 

Attachment 1 is the Town staff’s response to Mr. Paliouras’ petition, dated May 28, 2003.  This report, along with its attachments, includes detailed information about what the adopted Downtown Streetscape Master Plan proposes for the West Rosemary Street area and the constraints the Town faces in realizing these recommended improvements.  The essential issue that the report discusses is the lack of public right-of-way currently available along West Rosemary Street needed to construct the sidewalks and other Streetscape improvements requested by Mr. Paliouras in 2003 and Mr. Tucker more recently. 

 

With the exception of relatively recent development sites, such as the Fountains and Mama Dips, where developers have dedicated additional right-of-way, the report points out that at almost all other locations along West Rosemary Street the public right-of-way does not extend more than one to two feet behind the existing curb.  As a result, sidewalks, where they exist, are located either on pedestrian easements or on private property, and in areas where no sidewalk currently is in place it will be necessary for the Town to acquire easements or additional right-of-way before public improvements can be constructed.

 

Since the May 28, 2003 report was completed, Town staff has continued to negotiate with adjacent property owners to acquire necessary easements and/or right-of-way but with mixed success.  A number of property owners with significant frontage on West Rosemary Street have refused to voluntarily work with the Town to permit improvements to proceed.  One property owner, at the southwest corner of Roberson Street has granted the Town an easement, however, and we anticipate constructing this section of sidewalk and a retaining wall necessary to accommodate it this spring.  This section of sidewalk is being funded using Community Block Grant Funds.

 

DISCUSSION

 

We believe that the Streetscape improvements to West Rosemary Street requested by Mr. Tucker are needed and that the Town should continue to pursue negotiations with affected property owners to provide opportunities for them to be realized.  Rather than using Downtown Service District funds, however, we believe that the future sale of Streetscape bonds may offer a possible source of funding as well as the Town’s sidewalk Capital Improvements Project budget and Community Block Grant Fund programs.

 

RECOMMENDATION

 

We recommend that Town staff complete its ongoing lot by lot survey of West Rosemary Street to determine the exact sizes and locations of needed right-of-way dedications and/or easements in order to proceed with future Streetscape improvements.  We recommend that when this information is available that it be provided to the Town Council for their consideration as more detailed plans for the use of upcoming Streetscape bond funds are developed.

 

ATTACHMENT

 

1.         Memorandum dated May 28. 2003 (p. 3).