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Home My WebLink About10-31-1995 Public Serv Committee MinutesPublic Services Committee of Dublin City Council Minutes of Meeting of October 31, 1995 6:30 p.m. - City Hall Attending: Chuck Kranstuber, Chairperson Cathy Boring A. C. Strip Terry Foegler Steve Smith Dana McDaniel Howard Adams Larry Holbrook Bill Root Mr. Kranstuber called the meeting to order at 6:30 p.m. r Muirfield Maintenance Agreement Mr. Kranstuber asked Mr. Smith to provide an update to the Committee on the status of this matter. Mr. Smith distributed a memo to the Committee (attached) outlining a proposed resolution to the issue of the maintenance of the various tunnels throughout the public rights -of -way in Muirfield Village. It is the basis of an understanding between Dublin's legal staff and representatives of the Muirfield Association. Legal staff believes this resolution could be upheld in court should it be challenged. The difficulty in resolving this situation is the lack of historical documentation about the commitments of 22 years ago. Mrs. Boring commented that she would be interested in hearing more about the basis for this resolution. Mr. Smith stated that Item 1 of the October 31 memo requires that the Association execute quit- claim deeds to legally document the City's interests in the pedestrian tunnel and related appurtenances in the rights -of -way. This is not inconsistent with his previous legal opinion. Execution of the deeds will resolve the debate over the ownership. The basis for taking over the maintenance on the tunnel is the public safety issue involved since they are located under public roadways. Mrs. Boring pointed out that the tunnels serve a private pathway not open to the public. There could be future ramifications with this resolution in terms of maintenance of storm sewer lines, ditches or other items on private property. Mr. Smith noted that there is a public safety benefit to the residents of Dublin for the City to maintain the tunnels under the roadway. The tunnels are, in fact, an integral part of the Public Services Committee October 31, 1995 Page 2 CRAFT roadway structure. There is a risk management factor involved for a tunnel located under a public roadway. Mrs. Boring commented that she has issues with the proposed resolution, first that the legal opinion issued previously is now being modified. Mr. Kranstuber responded that there are legal arguments on both sides. He has asked Mr. Smith to provide a workable solution within the context of the previous legal opinion. The decision to be made by Council is a public policy decision, however. He agreed that the City is assuming a liability which it presently does not have, and other Council members have the right to disagree with this proposal. Mr. Strip suggested that a full discussion be held at Council with a vote. His concern is with the traffic volumes on the roadways over the tunnels and the hazard resulting from inadequate maintenance of the tunnels. Mrs. Boring asked if the City is requiring that the tunnels be brought up to City standards before they are taken over by the City. Mr. Foegler responded that staff does not believe the tunnels are structurally substandard; there are some areas needing repair, however. Mrs. Boring pointed out that the golf course owned tunnel is to be excluded from this agreement. Mr. Smith agreed that the City has the same concerns with this tunnel, but the Association does not have control of it. Mr. Strip commented that this situation exists because discussions held 22 years ago were not formalized in agreements. Mr. Foegler commented that he does not believe the legal opinions provided are inconsistent. The first legal opinion stated that the City views the tunnels as private and to use public dollars to maintain them, there would have to be a rationale or a quid pro quo. The solution proposed is to make them public improvements, transfer the rights the Association has in the structures to the City, making them public, and thereby creating rationale for public maintenance of the structures as outlined on page 2 of the memo. Mrs. Boring commented that she would advocate more sharing of maintenance in view of the fact that the tunnels are for private use. She is uncomfortable with accepting all of the tunnels as public responsibility and using public tax dollars for a private golf course or private bikepath. Mr. Smith commented that Larry Holbrook and Dana McDaniel plan to meet to address the grass mowing and other issues involved separate from the tunnels. Staff believes that the tunnels Public Services Committee O RAFT October 31, 1995 Page 3 should be addressed separately because of the public safety issues. Mr. Strip suggested that at the time Council reviews this matter, a list be provided of the things which Muirfield does in terms of maintenance that other subdivisions do not - things that result in a cost savings for the City. This would help justify the public dollars to be spent for the tunnel maintenance. Mr. Foegler stated that in the July 1992 memo to the Public Services Committee, items such as pedestrian walkways, entry and street signs, lighting, guardrails, etc. were outlined. Mr. Kranstuber noted that the issues have been properly identified this evening. There are risks and liability with taking over the tunnels. Based on the Law Director's previous opinion that these improvements are private connections of a private bikeway system, Council has the right to pursue a range of options. What has been outlined tonight is one alternative. Mr. Root stated that he believes that the City is defining private narrowly by not accepting Muirfield residents as City of Dublin residents that are entitled to public safety. Mr. Strip pointed out that schools buses travel the Muirfield roadways carrying students who reside in other cities. There are public safety issues for other than Dublin residents involved. Mr. Kranstuber moved to refer the matter to Council for consideration with a favorable recommendation from the Committee. Mr. Strip seconded the motion. Vote on the motion - Mr. Kranstuber, yes; Mr. Strip, yes; Mrs. Boring, no. Mrs. Boring commented that she could not recommend this to Council in its present form. Mr. Strip noted that it is important to move this to Council for further discussion and public debate. Mr. Foegler suggested that staff compile a list of services provided by Muirfield that would normally be provided by the City. An understanding of what the values of those services have been over the years and what they would be willing to continue to do would be helpful. But he pointed out that the Association does not seem to envision a scenario under which they could support linking structural maintenance to an ongoing indefinite commitment for other maintenance. The meeting was adjourned at 7:00 p.m. Clerk of Council CARLILE PATCHEN & MURPHY MEMORANDUM DATE: October 31, 1995 TO: Public Service Committee of Dublin City Council FROM: Stephen J. Smith RE: Muirfield Village Pedestrian Tunnels Located in the Public Rights -of -Way The following proposed resolution with respect to the various tunnels existing throughout the public rights -of -way in Muirfield Village is the basis of understanding between Dublin's legal staff and the representatives of Muirfield Association, Inc. As such, it is submitted to the Committee for consideration and recommendation to Council. 1. Muirfield Association, Inc. and /or any other proper party, i.e., golf course entities, shall execute quit -claim deeds as legal documentation of the City's right, title and interest in any appurtenances related to the pedestrian tunnels in the rights - of -way. 2. Muirfield Association, Inc. and any other proper party shall reserve to themselves a private easement in the public rights -of -way for their private pedestrian access through said tunnels. 3. The City shall be responsible for the maintenance, repair and replacement of tunnels in immediately adjacent support structures including, but not limited to, railroad ties, rocks, and SJS /BJG /170826 035505.001 other bank materials. This provision to be further delineated by the parties. 4. Muirfield Association, Inc. shall be responsible for the pathway through the tunnel, whether it be maintenance, cleaning, repair, or replacement. 5. Muirfield Association, Inc. shall cause supplementary legal documents to be presented to grant the City necessary access to enable it to perform the above- mentioned repairs, maintenance and replacement. The justification for the above - referenced understanding and proposed resolution include the following: (a) the City recognizes that the tunnels are an integral part of the roadway structure; (b) the City recognizes that the tunnels provide an important public safety benefit; (c) the parties recognize that both common and statutory law support the concept of public ownership of the tunnels; (d) the parties recognize there is no case law specifically on point; (e) the parties recognize that no written records are available which address the intention of the parties at the time of the original Muirfield Village development in 1974; SJS /BJG /170826 035505.001 2 (f) the City clearly recognizes the public value of the maintenance and repairs of various public improvements provided by Muirfield Association, Inc. and, (g) the parties acknowledge the oral testimony of the representatives of the original Muirfield Village developers with respect to their recollection that the tunnels were to be a public improvement. SJS /BJG /170826 035505.001 3