AGENDA #4h

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Northwood Homeowners' Association Petition to North Carolina

Department Of Transportation

DATE:             June 12, 2000

This memorandum responds to a petition submitted to the Town Council at its May 8, 2000 meeting.  The Council referred this item to the Manager for comment. 

BACKGROUND

The petition (Attachment 1) requests that the Town issue a "statement in support" of the Northwood Homeowners' Association proposed petition to the North Carolina Department of Transportation to construct 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. 

This citizen petition follows the May 8^th report to Council on the Northwood Homeowners' Association petition which requested that the Town construct the sidewalk.  Staff did not recommend construction of the sidewalk at that time.  The Town Attorney reported that the Town does not have the authority to build or maintain sidewalks outside the City Limits.  The Northwood Area where sidewalk is requested does not lie within Chapel Hill City Limits.  (Please see attached map.)

DISCUSSION

In 1990, the Council authorized the Town Manager to investigate alternative designs for widening NC Highway 86 north of Homestead Road to Interstate 40.  In 1991, the Town hired a design firm to develop a preliminary design report, and the North Carolina Department of Transportation notified the Town of its interest in proceeding with this project and developing it for construction. 

A series of public meetings and public hearings were held to solicit public comments and questions regarding the project.  In addition, negotiations between Town and State officials occurred regarding project features and funding issues.  On April 14, 1997, the Town Council authorized the Town Manager to execute a municipal agreement on behalf of the Town which outlined the cooperative responsibilities of the Town and the North Carolina Department of Transportation regarding the NC 86 Improvement Project north of Homestead Road. 

In response to citizen concerns and at the Council's request, the State agreed to shift the project as far to the east as possible in the section between Interstate 40 and Weaver Dairy Road.  A sidewalk was built on the east side of NC 86 by the developer of Chapel Hill North.  A sidewalk on the west side of NC 86 was not included in the final project design in order to reduce impacts on, and disruption to, adjacent properties, particularly in the Northwood Subdivision. 

In view of the Council's history of action, we do not recommend that the Council support the present petition by the Northwood Homeowners' Association to the North Carolina Department of Transportation.  If the Council wishes to further consider this petition, we recommend that the Council first provide public notice to allow input from all affected property owners.  We also note that any North Carolina Department of Transportation funds used to construct the sidewalk likely would require a local match.  Because the area where the sidewalk is proposed is not within the city limits, the Town could not provide the matching funds. 

Manager's Recommendation:  We recommend that the Council take no action.  If the Council wishes to support this petition, the attached resolution would provide public notice and set a date for additional Council discussion.

ATTACHMENTS

1.      Excerpt from May 8, 2000 Minutes - Claudia Shepherd Petition.

A RESOLUTION CALLING FOR PUBLIC INPUT REGARDING WHETHER THE COUNCIL SHOULD SUPPORT THE NORTHWOOD HOMEOWNERS' ASSOCIATION SIDEWALK PETITION TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION  (2000-06-12/R-9)

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 the traffic signal at the entrance to Chapel Hill North Shopping Center;

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 or maintain sidewalks outside the City Limits; and

WHEREAS, the Northwood Homeowners' Association requests that the Council issue a statement of support for their petition to the North Carolina Department of Transportation to build the proposed sidewalk; and

WHEREAS, support of sidewalk construction in the Northwood Area would constitute a change in policy for the Town of Chapel;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that public notice be mailed to all affected property owners notifying them of the sidewalk petition and calling for public input at the ____ __, 2000 Council Meeting.

This the 12^th day of June, 2000.