AGENDA #5d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition Requesting a Crosswalk and a Sidewalk on Martin Luther King Jr. Boulevard at Weaver Dairy Road
DATE: June 15, 2005
This memorandum responds to an oral petition from Mr. Frank Corr received May 9, 2005, for the Town Council to have a sidewalk constructed on the west side of Martin Luther King Jr. Boulevard from the intersection of Weaver Dairy Road to Northwood Drive and to provide a crosswalk on the north side of the intersection of Weaver Dairy Road. Please see the related agenda item #5b on tonight’s agenda concerning the intersection of Weaver Dairy Road extension and Homestead Road.
We recommend that the Town Council adopt a resolution requesting that the Orange County Board of Commissioners with the support of the Town of Chapel Hill pursue future allocations of North Carolina “Moving Ahead” funds to construct these improvements.
On May 8, 2000, the Town Council considered a petition for the provision of a sidewalk on the west side of NC 86, from Weaver Dairy Road northward to the traffic signal at the entrance to the Chapel Hill North Shopping Center. (Please see Attachment 1). The Town Council was advised that the Town does not have the authority to build sidewalks outside of Town limits and could revisit the matter once the area was annexed.
On June 12, 2000, the Town Council considered a petition from The Northwood Homeowners Association to support them in a petition to the North Carolina Department of Transportation to construct a sidewalk in the aforementioned location. (Please see Attachment 2). The Council took no action on the petition.
On May 9, 2005, the petitioner, who is the president of the Northwood Homeowners Association, advised the Town Council about the difficulty of crossing Martin Luther King Jr. Boulevard in this location. Please see the location map in Attachment 3.
Martin Luther King Jr. Boulevard and Weaver Dairy Road are State-maintained streets; Weaver Dairy Extension is currently a Town-maintained street. The intersection of the streets creates four quadrants of land. The northwest quadrant is located in Orange County; the land in the remaining three quadrants is located within Chapel Hill Town limits. There is currently a sidewalk on the three quadrants that are in the Town limits. There are pedestrian activated crossing signals on the south and east legs of the intersection. There are no crosswalks on the north and east legs. (Please see Attachment 3).
The Town’s Bicycle and Pedestrian Action Plan adopted in October 2004, identifies the provision of a sidewalk from Weaver Dairy Road extension north to Eubanks Road as a long- term priority. The long-term priority is in recognition of the fact that the area is currently located outside of the Town limits. The plan also identifies the need for improved crosswalk facilities at the intersection of Weaver Dairy Road and NC 86.
DISCUSSION
The requested sidewalk is located outside of the Chapel Hill Town limits. The Town is not empowered by State law to construct sidewalks beyond its Town limits.
We referred this request to add crosswalk facilities to the North Carolina Department of Transportation. The request was denied. The North Carolina Department of Transportation will not provide a crossing where there is not an existing sidewalk.
The State of North Carolina may build sidewalks as part of transportation projects based on a policy which judges projects against criteria on a case by case basis. These are generally major projects such as the State Transportation Improvement Program projects for Weaver Dairy Road and South Columbia Street. The State has also agreed to construct sidewalks as part of major projects outside of municipal jurisdictions if the local government agrees to maintain them after construction.
For smaller projects outside of Town limits, the State does not normally construct sidewalks, because it requires that another party accept the maintenance responsibility for the sidewalk after construction. In 2004, the Town Attorney determined that the Town does have the ability to accept maintenance responsibility for sidewalks constructed by the State in locations outside of the Town limits in its extraterritorial planning area. The Town’s ability to accept maintenance responsibility requires authorization by the Orange County Board of Commissioners. This determination has allowed the Town of Chapel Hill and the Town of Carrboro to request the inclusion of a project in the State’s North Carolina “Moving Ahead” program to build a sidewalk along sections of Homestead Road and Rogers Road.
The requested improvements may be eligible for funding from the State “Moving Ahead” program. This State program does not currently require local match funding and therefore Town funds would not be needed to help secure an improvement outside of the Town limits. If the State allocated funds and the North Carolina Department of Transportation built the sidewalk, the Town could maintain the sidewalk with the County’s agreement. Constructing the sidewalk would also create the necessary conditions for the North Carolina Department of Transportation to add the crosswalks.
We believe that as the Northwood subdivision is located in Orange County that a request for funds from the State would more likely be successful if it was made by the Orange County Board of Commissioners with the support of the Town of Chapel Hill.
Manager’s Recommendation: We recommend that the Town Council adopt a resolution to request that the Orange County Board of Commissioners pursue future allocations of North Carolina “Moving Ahead” funds to construct these improvements and to permit the Town of Chapel Hill to assume maintenance responsibility for the sidewalk after construction. The resolution would also authorize the Town Manager to execute a Municipal Agreement with the State to assume maintenance responsibility for a sidewalk to be constructed by the State.
ATTACHMENTS
1. Town Manager’s Memorandum to Town Council May 8, 2000 (p. 5).
2. Town Manager’s Memorandum to Town Council June 12, 2000 (p. 7).
RESOLUTION
A RESOLUTION REQUESTING THE ORANGE COUNTY BOARD OF COMMISSIONERS TO PURSUE AN APPLICATION TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION FOR FUTURE ALLOCATIONS OF “MOVING AHEAD” FUNDS (2005-06-15/R-15.1)
WHEREAS, the Northwood Homeowners' Association petitioned the Town of Chapel Hill to construct a sidewalk on the west side of NC 86, from Weaver Dairy Road northward to Northwood Drive and to install pedestrian signal crossings at the intersection of NC 86 and Weaver Dairy Road; and
WHEREAS, the Northwood Area where sidewalk is requested does not lie within Chapel Hill City Limits, and the Town does not have the authority to build sidewalks outside the City Limits; and
WHEREAS, pursuant to Chapter 936, Section 1 of the 1986 Session Laws of the General Assembly of North Carolina the Town of Chapel Hill does have the authority to assume maintenance responsibilities for sidewalks constructed by the State outside the City Limits; within its extraterritorial planning area with the agreement of the Orange County Board of Commissioners; and
WHEREAS, if State funds are allocated, the Town of Chapel Hill proposes to enter an agreement for the installation of the aforementioned sidewalk with the Department of Transportation, whereby the Town of Chapel Hill agrees to assume maintenance responsibility for the sidewalk after installation; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it requests the Board of County Commissioners to pursue future allocations of North Carolina “Moving Ahead” funds to construct these improvements and that the Town would support such a request.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that it requests the Orange County Board of Commissioners to authorize the Town to maintain a sidewalk constructed in this location by the North Carolina Department of Transportation.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that upon approval of the actions described above by the State and the Orange County Board of Commissioners, the Council authorizes the Town Manager to execute a Municipal Agreement with the North Carolina Department of Transportation for maintenance of said project.
This the 15th day of June, 2005.