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HomeMy WebLinkAbout71-08 ResolutionRECORD OF RESOLUTIONS Dayton Legal Blank. Inc., Form No- 300x5 Resolution No 71-08 (Amended) Pcrssecl 7U A RESOLUTION WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF REPLACING A TUNNEL BENEATH MEMORIAL DRIVE (NEAR HOLYROOD COURT) WHEREAS, Section 8.04 (c) ("Waiver of Competitive Bidding") of the Revised Dublin Charter authorizes Council, by a vote of no less than five (5) members, to waive competitive bidding requirements if it determines that such waiver is in the best interest of the City; and WHEREAS, Council has determined that there is a legitimate basis on which to justify such waiver for the procurement of non-professional services related to replacement of the tunnel beneath Memorial Drive east of Holyrood Court; and WHEREAS, Council has determined that such waiver of competitive bidding is in the best interest of the City to provide for the safety of the motorists utilizing Memorial Drive; and WHEREAS, Council recognizes the tunnel is under the control of The Country Club at Muirfield Village and has directed City staff to provide them the option of completing the project to replace the tunnel or to allow the City to proceed with the replacement as authorized by this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, _~ of the elected members concurring: Section 1. That competitive bidding requirements are hereby waived for the procurement of services related to the replacement of the tunnel on Memorial Drive. Section 2. That the City Manager is hereby authorized to hire the recommended contractor for the purpose of replacing the tunnel beneath Memorial Drive in the event The Country Club at Muirfield Village elects not to complete the construction of the replacement tunnel. Section 3. That an agreement be executed, if necessary, to provide for the City's reimbursement of the project. Section 4. That this Resolution shall take effect and be in force on the earliest date permitted by law. Passed this o20-#t, day of , 2008 Mayor -Presiding Officer Attest: Clerk of Council Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017-1090 CITY OF DUBLIN_ Phone: 614-410-4400 • Fax: 614-410-4490 TO: Members of Dublin City Council EROM: Marsha Grigsby, Interim City Manager`~~j~ DATE: October 16, 2008 Memo INITIATED BY: Paul A. IIammersmith, PE, Director of Engineering/City Engineer RE: Resolution 71-08 -Waiving Competitive Bidding for the Emergency Replacement of a Tmmel Under Memorial Drive Summary At the October 6, 2008 City Council meeting, legislation to waive competitive bidding for the emergency replacement of a tunnel under Memorial Drive was introduced. Additional information was requested to evaluate the replacement of the tunnel by the City. As stated in the September 19, 2008 staff memo, The Country Club at Muirfield Village consh~ucted three tunnels as part of the construction of The Country Club Golf Course. The tunnels were constructed in 1979/1980 time frame; two of the tunnels were located under Glick Road and one tunnel under the future Memorial Drive. (Memorial Drive was not constructed until 1984). Stormwater plans on file for the golf course included a depiction of the tunnel and the future Memorial Drive. As previously discussed, these three tunnels were not included as part of the discussions at the Public Services Committee meetings in 1995 or the Easement Agreement that was executed in 1996. At that time, the tunnels in question were only those under the control of the Muirfield Association, Inc. (as referred to in the October 31, 1995 Public Services Committee meeting minutes as attached). As discussed at the October 6, 2008 City Council meeting, staff has followed up on the use of the three tunnels under the current control of The Country Club at Muirfield Village and has obtained some information on how other entities have addressed a similar situation. We also have met with Michael Graney, General Manager of The Country Club, to discuss the repair of the tunnel aid potential cost- sharing. Based on staff s physical observation of the tunnels and the connecting paths, as well as our discussion with Mr. Graney, the two tunnels under Glick Road do serve pedestrians in addition to the golfers. As a result, these tunnels could be viewed in a similar manner as the tunnels conveyed to the City in 1996 (by the Muirfield Association, Inc.) in terms of serving Dublin residents living in Muirfield. The tunnel under Memorial Drive is constructed in a manner that it does not serve pedestrians. In our discussions with Mr. Graney, he agreed that the tunnel is in need of replacement. He also stated an option that could be considered is closing the tunnel (filling it in) and having an at-grade crossing. His preference would be to keep the tunnel, but the costs of the replacement are a concern. Mr. Graney expressed his willingness to work with the City to come to a solution that serves both of our needs. Prom staff's perspective, we would prefer the tunnel be maintained and not converted to an at-grade crossing due to the level of traffic on Memorial Drive and the safety issues related to the potential conflicts between motorists and the golfers. Memo re Resolution 71-08 -Replacement of Tunnel under Memorial Drive October 16, 2008 Page Two We also discussed that the cost of closing the tunnel would likely be more significant than one might think. Issues of slope, drainage and the reconnection of the existing pedestrian path along Memorial Drive would result in significant costs to eliminate the tunnel. Based on the City's desire to retain the tunnel for transportation/h~affic reasons, The Country Club's desire to retain the tunnel for the golfers' safety, and the potential significant cost to remove the tunnel, we discussed maintaining the tunnel and sharing the costs. Staff proposed a 50/50 cost sharing with The Country Club's share being paid over a period of time. Mr. Graney has contacted his Board to discuss this option. Information was obtained regarding how the maintenance of golf course tunnels has been addressed in New Albany. We have learned there is an agreement in place that the tunnels installed as part of the gotf course development would be maintained by the golf course for a period of 25 years and then be "turned over" to the Village of New Albany thereafter. In Delaware County, tunnels located at several golf courses (Scioto Reserve, Worthington and Golf Village) were built and are to be maintained by the courses. Once this issue has been finalized, staff requests direction on addressing the future maintenance of the three tunnels under the conri~ol of The Country Club at Muirfield Village. For reference, a copy of the report on the inspection of the tunnel by Burgess & Niple is attached. This report clearly reflects the need to complete the replacement of the tunnel. Recommendation Staff believes it would be in the best interest of the City to waive the competitive bidding requirements and, therefore, recommends Council approval of Resolution 71-08. Staff further recommends the City pursue an agreement for equally (50/50) sharing the cost of the project with The Country Club at Muirfield Village. It is further recommended that City Council consider directing staff to work with The Country Club at Muirfield Village to formalize the terms of future maintenance of these tunnels. BURGESS & NIPLE Mr. Ken Richardson Re: Inspections of the Country Club at Assistant City Engineer -Design Muirfield Village culverts under City of Dublin Memorial Drive and Glick Road 5800 Shier-Rings Road Dublin, OH 43016 August 19, 2008 Dear Mr. Richardson: On Friday, August 15, we met with you to perform visual inspections of three corrugated metal plate (CMP) culvert-type structures that carry paths for golf carts for the Country Burgess & Nipte, tom. Club at Muirfield Village under city roadways. The purpose of this letter is to serve as 5085 Reed Road documentation of our findings. Columbus, OH 43220 614 459.2050 The culvert under Memorial Drive is in poor condition. This structure should have the Fax 614 451.1385 highest priority of the three for replacement or repair. The bulge in the crown of the culvert near the rnidpoint of the tunnel indicates that the culvert is loosing its shape (Photo t). Since CMP culverts rely on soil-structure interaction in order to obtain their design strength (i.e., the corrugated steel by itself is not able to resist design loads), once the culvert starts to lose its shape, it is at the beginning stages of collapse. Bulges in the crown of the barrel are especialty debilitating. Based on photos of the condition of the culvert from April 2007, the distortion in the crown has increased noticeably since that time, which is all the more reason that this structure should have the highest priority for replacement. The opening of the seams that is evident in this culvert is also of great concern (Photo 3). Generally, when this type of structure is approaching a structural failure, these are the two waming signs: opening of seams and bulges and/or distortion of the barrel cross-section (especialty in the crown). At this time, there is no noticeable sag or cracking or rutting in the roadway wearing surface directly above the culvert. Aside from the shape distortion and the seam openings, there is notable corrosion on the CMP is several locations (Photo 2). Also, erosion is occurring in the embankment behind the southeast wingwall, and there is some cracking with efflorescence in the southeast wingwall. Otherwise, the other wingwatls and both headwalls of this culvert are in very good condition. There are methods of installing a secondary culvert within the existing culvert to safeguard against a collapse of the original structure, but in this case I do not think that method would Leave enough clearance height for the culvert to still perform its function, which is to allow golf carts to pass underneath the roadway. The best course of action is probably for the owner of the structure to program the culvert for replacement. Itt the mean time, until the structure is replaced, I would recommend placing the culvert on a shortened inspection schedule, perhaps inspecting the culvert every six months to monitor the progress of the bulge and seam openings. 1 9 1 2 August 19, 2008 Page 2 The west culvert under Glick Road is in fair condition. There is a moderate localized bulge in the crown of this culvert also, but it is very near the south opening, and appears to have been created by the installation of the railing post directly above it. Also, some corrosion exists along the seams, but none of the seams appear to be opening. Several corrosion holes exist near the pavement level of the golf cart path (Photo 4). There is also water ponding at the edges of this path, which is the cause of the corrosion. The life of this culvert can be extended by patching the corrosion holes - so that the fill around the culvert does not seep through -and by repaving along the edges of the path pavement so that water does not pond inside the culvert and instead drains to the catch basin just south of the culvert. The headwalls and wingwalls of this culvert are in very good condition. The east culvert under Glick Road is in good condition. The barrel is holding its design shape well, the seams are tight, and there is no significant corrosion or any other deterioration. This culvert should have a useful life of 20 years or more if it is properly maintained, and does not require any short-term repairs. The headwalls and wingwalls of this culvert are in very good condition. Ali three of the culverts had extensive rot in the wood guardrail along the roadways above the culverts (Photo 5). This type of guardrail is not sufficient to redirect a vehicle if it should stray from the roadway, even if it were in good condition, and they are all in such poor condition that a stray vehicle would surely go through the railing. Also, it should be mentioned that all three culverts had stable embankments, but the railroad-tie retaining walls near the culverts all had extensive rot and will probably come apart in the next few years if not replaced. It is not clear if the embankments are stable enough to maintain their cross-section without the assistance from the retaining walls, but I suspect that the retaining walls are not contributing much to the slopes' stability at this point. We appreciate the opportunity to provide this technical assessment. If you have any questions, please do not hesitate to contact us. Sincerely, -~ i~'~" ~ j se M. Costa, PE Project Manager JMC: copy: File August 19, 2008 Page 3 August 19, 2Q08 Page 4 ~ ~ ~~ _~ ~ ~ FFr .r ~ _r . ~~ ~ ~ - -~ _ _ 1. 1 \ ` 1 ~\ L . 1 ,~ ~ ~ \ ~~ a ~~``~_. ~ ' `~ h ~~, ~ ~. ~~ ~ 1,,, ti + ~ ~ ;; t~ ~ , ,~~ ~, , p t ~~ . .,t rl ti ~' ~ ' '.a 'i ~+ ~ ~~~ ~ / , ~ Ili ~~' ; 4 t a,: ~, . ,. ti . ~ i ~ ~ ~ ~ i i , r ' ~~ ~~ ~~ ~ ~ ~ . ~ ~ ~ ~ ~ r (4 ~ iii F~ ~ 1, ~~ ~ ~ ~v / ~ ~~ ~ ~ .ti V` _ ~ on ~ ~ . . ~ Photograph 3: Opened seams in the culvert under Memorial Drive, approximately ai the midpoint and under the eastbound lane. August 19, 2008 Page 5 Photograph 5: Typical rot in wood guardrail. This photo is taken at the East culvert under Glick Road. OfSce of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 C,ITT OF DIIELIN To: Members of Dublin City Council From: Marsha I. Grigsby, Interim City Manager ' e; ~~~? Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Kenneth B. Richardson, P.E., Engineering Manager -Design Date: October 2, 2008 Memo Re: Resolution 71-08 -Waiving Competitive Bidding for the Emergency Replacement of a Tunnel under Memorial Drive Summary As indicated in a September 19, 2008 memorandum to Council, staff is presenting Resolution 71-08, which waives competitive bidding requirements for the procurement of services to replace the corrugated metal pipe tunnel beneath Memorial Drive. The tunnel is east of Holyrood Court and was constructed in 1979/1980 as a golf cart tunnel for the Country Club at Muirfield golf course, which was under construction at the same time. The tunnel is currently privately owned by The Country Club at Muirfield Village. Law Department staff are currently discussing transferring ownership and maintenance responsibility from the Country Club to the City. Last year, the Country Club contacted Engineering staff to look at the Memorial Drive tunnel due to concerns that the roof of the tunnel had some rust and was bulging in some areas. Staff determined the tunnel was structurally sound at that time, but should continue to be monitored. A thorough inspection was performed this year by a local bridge inspection consultant, Burgess and Niple. Their inspection revealed additional movement in the tunnel shape, particularly additional bulging and more corrosion subsequent to year's observation. The loss of tunnel shape and continued corrosion is very serious and cannot be repaired. As a result, total replacement is required and is strongly recommended to proceed this fall. In September, staff met with John Strawser of Strawser Paving Company to discuss a replacement strategy and requested a cost estimate to perform the tunnel replacement. Their cost estimate is $94,490.00. The tunnel will be replaced with reinforced concrete pipe and will include: excavation and removal of existing pipe; reinforced concrete headwall work at the pipe ends; and asphalt work -both inside the tunnel for the golf cart path and the repair of Memorial Drive. Strawser Paving Company is available to perform the work and has indicated they can start the work in mid-October. Memorial Drive will be closed to traffic at the tunnel project location and detours will be posted. The tunnel replacement work will likely take about three weeks to complete. Memorandum re Res. 71-08 -Emergency Repair Memorial Drive Golf Cart Tunnel October 2, 2008 Page 2 Pursuant to Section 8.04 (b) of the Revised Dublin Charter and Section 37.03 of the Dublin Codified Ordinances, the procurement ofnon-professional services in the amount of $75,000 or greater requires the City to conduct formal competitive bidding, unless Council waives by a vote of no less than five (5) members, such competitive bidding requirements. Recommendation Under the circumstances, staff believes it would be in the best interest of the City to waive the competitive bidding requirements and, therefore, recommends Council approval of Resolution 71-08. Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: 614-410-4400 • Fax: 614-410-4490 f,ITY OF DUBLIN M e m o To: Members of Dublin City Council From: Jane S. Brautigam, City Manager Initiated By: Paul A. Hammersmith, P.E., Director ofEngineering/City Engineer Kenneth B. Richardson, P.E., Engineering Manager -Design Date: September 19, 2008 Re: Memorial Drive Golf Cart Tunnels -Emergency Replacement Summary The Country Club of Muirfield Village constructed three tunnels under public streets with the construction of the Country Club Golf Course. Two tunnels are located under Glick Road between Avery Road and Muirfield Drive. One tunnel is just east of Holyrood Court under Memorial Drive. All three tunnels provide golf cart access for the course and are currently private. These three tunnels were not part of the group of tunnels the City took ownership and maintenance responsibility for more than ten years ago, at the request of the Muirfield Association (documentation attached). Staff is currently discussing with legal counsel taking over ownership and maintenance responsibility for the three tunnels from The Country Club at Muirfield Village. Last year, The Country Club at Muirfield Village contacted Engineering staff to look at the Memorial Drive golf cart tunnel due to concerns that the roof of the tunnel had some rust and was bulging in some areas. Staff took pictures of the tunnel, determined that the tunnel was structurally sound, and scheduled a thorough inspection to take place this year. The inspection of the tunnel in August this year revealed that there has been additional movement in the tunnel shape -more bulging -since last year's observation. This loss of tunnel shape is very serious and cannot be repaired; total replacement is required. It is strongly recommended that the tumlel be replaced this fall. Staff has met with John Strawser of Strawser Paving Company to discuss the tunnel replacement and requested a cost estimate to perform the replacement. Their cost estimate is $94,490.00, which includes: all items needed to close Memorial Drive; asphalt work; tunnel replacement; removal and resetting guardrail; grading; and seeding. Strawser Paving Company is able to perform the work immediately and complete the work by mid-November, if not earlier. Memorial Drive will be closed for about three weeks once construction begins. Construction is scheduled to begin in mid-October. Recommendation Due to the serious condition of the tunnel, staff will request Council, at the October 6th meeting, to approve emergency legislation waiving the competitive bidding process for the tunnel replacement. E ,1 ;tj '~ C~ ~ s ~~.~ °'~ < 4~' s ~"~'~ ~. ~:. .:~: ~~ THE COUNTRY CLUB OF 8~, MUIRFIELD VILLAGE TUNNELS w ~ ~ ~ ti a;°~ `i a. . ~. 't' :».', ..f'~ . ~f ~'t ~ t -~` ,.:f~;~ ~' ::; TUNNEL TO ~ ~yyr~~ Y ~ ~ 1 y ~~ ~ ~ REPLACED ~~ ti'. .,~` r ~~ 1 eta ,.. ,~,~ ~ w '~ K? `~ ; ~F r q 'W. I' „ ~ ~~ ., 9-18-08, +~R~w RECORD OF ORDINANCES Dayton Legvl Ulonk Ca. Farm 4a. H0049 Ordinance No....5.3-B.b._..... Pnssed..........__. _ __._..._........._...]9...__. AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MUIRFIELD ASSOCIATION, INC. FOR PEDESTRIAN TUNNELB~ AND AUTHORIZYNG THE CITY MANAGER TO EXECIITE AN ''. EASEMENT AGREEMENT WHEREAS, various pedestrian tunnels within Muirfield Village exist beneath dedicated public right-of-way; and WHEREAS, the Muirfield Association, Inc. and the City of Dublin desire to clarify the maintenance obligation relating to these facilities; and WHEREAS, the City's Service Committee has recommended that the City formally accept the pedestrian tunnels contained within public right-of-way; and WHEREAS, Dublin City Council approved the Service Committee's recommendation in concept on November 20, 1995. NOW, THEREFORE, BE IT ORDAINED by the Council Of the City of Dublin, State of Ohio, _~ of the elected members concurring that: Section 1. The City hereby accepts the Quit Claim Deed granting the City any interest the Muirfield Association, Inc. has in the pedestrian tunnels contained within public right- o£-way of Muirfield Village. Section 2. The City Manager is hereby authorized to execute the document entitled Easement Agreement which sets forth the City's maintenance obligation as to the Muirfield Village pedestrian tunnels and grants the City the easements necessary to accomplish this maintenance. section 3. That this Ordinance shall take effect and be enforced from the earliest period allowed by law. Passed this ~~day of ~YI~ 1996. or - Presidi g Officer ATTEST: C1 of C ncil , EASEMENT AGREEMENT FILE COPY It is hereby agreed that Muirfield Association, Inc., hereinafter called "Grantor", for the sum of One Dollar ($1.00) and other valuable consideration, paid by the City of Dublin, hereinafter called "Grantee" does grant, sell, and convey unto Grantee an easement and right- of-way upon and across its real property defined, delineated and described on the attached Exhibits A-1 through A-12 as "Dublin City Working Easement Area," to repair, maintain, rebuild, replace, and improve the underpass tunnels through which a pedestrian walkway has been constructed known as the Muirfield Village walkway system (collectively the "pedestrian tunnels"). This easement is being granted pursuant to the City of Dublin Law Director's memo of October 31, 1995, attached hereto as Exhibit H, which was referred to the Dublin City Council by its Public Services Committee with a favorable recommendation October 31, 1995, and approved by the Dublin City Council November 20, 1995. The easement rights and privileges granted shall be perpetual and Grantor hereby warrants that Grantor has full power and authority to grant this easement. Grantee acknowledges that it is responsible to repair, maintain, rebuild and replace as necessary, the pedestrian tunnels, the headwalls at each entryway of the pedestrian tunnels and the drainage system as it traverses through the pedestrian tunnels, as it relates to the area that is included in the easement. Grantee agrees that, in order to carry out its respcnsibilities for repairing, maintaining, rebuilding, or replacing the pedestrian tunnels, the headwalls at the entryways to each pedestrian tunnel and the drainage system that it shall access each location only on the easement areas described, and shall attempt access from the public right-of-way where reasonable. Grantee shall replace and/or repair any property damaged as a result of Grantee's entry onto the easement area or Muirfield Village walkway system. Further, Grantee shall provide to Grantor reasonable notice of its intent to perform any type of maintenance work in the easement area or pedestrian tunnel system. Grantee shall define its work area by properly staking out and fencing in the limits of its work area, and provide tree protection where necessary. Grantor agrees that the only portion of the pedestrian tunnels which it is responsible to maintain is the surface walkway, which it shall maintain in accordance with its organized maintenance program for all of the Muirfield walkway system. Grantee warrants and represents to Grantor that it shall not close dawn access to Muirfield residents and Grantor of the walkway system through the pedestrian tunnels except at times when such access may be unsafe. This Easement Agreement is being entered into by and between Grantor and Grantee in order to publicly reflect the actions and activities, obligations and responsibilities that each party to this agreement has followed since Muirfield Village was conceived, approved and constructed. It is the intent of this agreement that Muirfield Village walkway system, as it proceeds through the public right-of-way, shall be maintained for the exclusive use of Muirfield residents in accordance with the plan of the Muirfield Village Planned Unit Development and Warranty Deeds. In that regard, Grantor shall be pezmitted, but without obligation to do so, to continue to landscape in certain areas which may be included in the public right~•of-way. It ie the intent of the parties that Grantor and the residents of Muirfield Village shall continue to have unobstructed exclusive rights on the Muirfield Village walkway system, and that any obstruction caused by Grantee for necessary repairs be kept at a minimum in time. IN WITNESS WHEREOF, this instrument is executed this ~ day of l/C.(.li-- 1966. GRANTOR: -'-'~Vt WITNESS: Muirfield Association, Into ~ ...~~ ~~~~~ Larry Holbr ok Its Secretary/Treasurer GRAN'T'EE WITNESS: CITY OF DIIBLIN, OHIO p <=~~ L--~r ~-~ ~ By: ~-~~~-~ Caw''-``~ src~ uFti ~ S.~•Y-n Timothy C. H ley Its City Manager SJS/BJG/198424 035505.192 2 ACKNOWLEDGEMENT State of Ohio County of Franklin Before me, a Notary Public in and for said County and State, personally appeared Muirfield Association, Inc., by Larry Holbrook, ita Secretary/Treasurer, who acknowledged that he did sign the foregoing instrument and the same is his free and voluntary act and deed and the free and voluntary act and deed of Muirfield Association, Inc. In testimony whereof, I have set my hand at Dublin, Ohio, on this ~~ day of ^ 1996. State of Ohio County of Franklin ~~ 1"VR~A ~~ Of ~h10 111- Cana~idon Expiros ,Mary 20,1998 Before me, a Notary Public in and 'f or said County and State, personally appeared the City of Dublin, by Timothy C. Hansley, its City Manager, who acknowledged that he did sign the foregoing instrument and the same is his free and voluntary act and deed and the free and voluntary act and deed of the City of Dublin. `~/~,C~~ testimony whereof, I have set my hand at Dublin, Ohio, on this`! / day /~~- / ~ ~- Pub is o` iv'~'!fe '.a Gr ,a4j0 This Instrument Prepared By Carlile Patchen & Murphy 366 East Broad Street Columbus, Ohio 43215 SJS/BJG/198424 035505.192 3 ~ X ft~~TT 9~ CARLILE PATCHEN & MIIRPHY MEMORANDIIM DATE: October 31, 1995 T0: 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. P_s 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/HJG/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 C~~ Quit Claim Deed* N F ;,.,r ~~~ Muirfield Association, Inc., an Ohio corporation, of Delawaze and Franklin County, Ohio, for valuable consideration paid, grants to City of Dublin, whose tax mailing address is 6665 Coffman Road, Dublin, Ohio 43017, any interest it may have in the pedestrian tunnels contained in the public rights-of--way dedicated to the City of Dublin in each phase of Muirfield Village where such pedestrian tunnels are located. Witness my hand this ~ ~ day of ~u~~ ,1996. Signed and Acknowledged in the presence of: rti -«-~ ~~ ~~a~ ~- COPY STr1MP RECORDED JUN ~ 1996 Acl~nowledement State of Ohio County of Franklin RICHARD B. METCALF, RECORDER Before me, a notary public in and for said County and State, personally appeared Muirfield Association, Inc., by Larry Holbrook, its Secretary-Treasurer, who acknowledged that he did sign the foregoing instrument and the same is his free and voluntary act and deed and the free and voluntary act and deed of Muirfield Association, Inc. In testimony whereof, I have set my hand at ~~~~~~~ ,Ohio, on this ~ ~ day of ~1.r/7~ , 1996. ~. ~~ ~' ~~ Notary Public ~~ p~,IG Sb~e of Ohio ~y Commission Expires January 20,1998 Muirfield Association, Inc. Larry olbrook Its Secretary-Treasurer (Deed continued on the following page) ACCEPTANCE The City of Dublin herein accepts any interest Muirfield Association, Inc. may have in the pedestrian tunnels contained in the public rights-of-way dedicated to the City of Dublin in each phase of Muirfield Village where such pedestrian tunnels are located and ae delineated on the subdivision plats in all developed phases of Muirfield Village in Franklin and Delaware County, Ohio, in accordance with the memorandum dated October 31, 1995, from Stephen J. Smith to the Public Service Committee of Dublin City Council adopted by the Dublin City Council at its meeting on Monday, November 20, 1995, at 7:30 p.m., which ie incorporated herein and made apart hereof. City of Dublin By ~~~yw~ ~,,r~'~~~/~ ~ Ita _7 ~ --d-=- Dated S~~d~~(o SJS/BJG/198424 035505.192 RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Meeting Held May 20, 1996 9 Mayor Kranstuber called the informal portion of the Dublin City Council meeting to order at 7:15 p.m. on Monday, May 20, 1996. Comments from Staff Ms. Grigsby reported that the House Bill related to income tax is scheduled for hearing this week, and Council members should contact staff if there aze any questions regazding the legislation. Ms. Jordan reported that the permanent staff for the Rec Center have now been hired. The furniture for the Center will be installed next week. Ms. Puskazcik distributed several proposals for the revisions to the Rec Center logo and asked Council for their input. Following brief discussion, Mayor Kranstuber moved approval of Option 2 which consists of "Dublin" in lazge letters with the shamrock dotting the "i" and a wave beneath it. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, no; Mrs. Stillwell, yes. Ms. Puskarcik also reported that the response to the Memorial Tournament invitations has been excellent. The City's event will be at maximum capacity. Mayor Kranstuber called the formal portion of the Dublin City Council meeting to order at 7:30 p.m. Mrs. Stillwell led the Pledge of Allegiance. Roll Call Council members present were: Mayor Kranstuber, Mrs. Stillwell, Mr. Campbell, Mr. McCash, Ms. Hide Pittaluga, and Mr. Zawaly. Mrs. Boring was absent (excused). Staff members present included: Mr. Hansley, Mr. Foegler, Mr. Smith, Ms. Grigsby, Mr. Hazding, Mr. Kindra, Ms. Clazke, Mr. Lenz, Ms. Jordan, Ms. Beazden, Ms. Kennedy, Mr. McDaniel, Ms. Puskarcik, and Lt. Geis. Approval of the Minutes of the May 6, 1996 Meeting Mr. Zawaly moved approval of the minutes of the May 6, 1996 meeting. Mayor Kranstuber seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mr. McCash, yes; Mrs. Stillwell, abstain; Mr. Campbell, yes; Ms. Hide Pittaluga, abstain; Mayor Kranstuber, yes. Correspondence Acting Clerk Judy Perry reported that there was no correspondence requiring Council action. Comments from Visitors Jodi Jackson. senior at Dublin Scioto High School and participant in the Pre-Professional Academy program spoke briefly about her internship with the Building and Engineering Divisions. She thanked staff for making this learning opportunity available to her. Council Round Table Ms. Hide Pittaluga: 1. Congratulated Ms. Sonora for her recent Awazd of Merit from the Columbus Bronze Quill competition. 2. Asked staff for afollow-up report on the income tax bill. Mr. Smith responded that a memo was included in the packet regazding the bill. He was advised today that the bill is in committee. He will provide an update on the vazious bills before the state legislature which affect local governments. Mr. Zawalv: 1. Thanked Ms. Jordan for the fine memo in response to his inquiry about the indoor banked track issue. 2. Thanked Mr. Hansley for his excellent letter regarding H.B. 36 sent to the State senators. 3. Praised Ms. Sonora and the Parks and Recreation staff for the awazd on the pazks brochure. 4. Asked staff for an update regazding the letter he received requesting curbing at the entrance to the Moors, a civic association within Muirfield. Mr. Hansley stated that he will respond on this matter at the next meeting. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 2 Meeting Helcl May 20, 1996 lg Mr. Campbell: 1. Thanked staff for their extra efforts to beautify the City for the Muirfield Tournament visitors. 2. Acknowledged Mr. Hansley's prompt response to the Tullymore Drive safety issues raised by the Lowell Trace Civic Association. Staff has recommended additional speed limit signs along that road. Mr. McCash: 1. Congratulated Scottish Comers second grader Victoria Beith who won the Invention Convention last week. She designed a retractable wall extension cord. 2. Noted that he has reseazched the current Dublin Code and found no provision addressing standazds for private street construction. He would like to have staff investigate possible engineering standazds for the construction of private streets. Mr. McCash moved to refer this matter to staff for recommendation. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Mr. Hansley stated that staff will provide a recommendation within 60 days. Mr. Zawaly then expanded the request to have staff provide the rationale as to the justification for allowing private streets. He added that he would support allowing no further private streets and requiring that all streets be brought up to the level of public streets. There was no objection from other Council members to this amendment to the motion. Mrs. Stillwell: 1. Commented that she was honored to represent Council last week at the Police Memorial Service at the Justice Center. This community is very safe and secure due to the efforts of the Police and Fire Departments. 2. Noted that another Dublin student was given honorable mention at the Invention Convention last week. 3. Wished a "Happy Birthday" to Peter Lenz who will celebrate his birthday tomorrow. 4. Noted that she distributed information to Council tonight regazding House Bill 36 -the annexation bill. This information was provided by MORPC. Testimony on the bill will be taken beginning tomorrow. Mr. Hansley reported that he and Mr. Foegler will testify on Dublin's behalf. Mr. Smith added that Rocky Black at the Governor's office can be contacted by municipal representatives. The governor is taking an active role because he has concerns about the impact of this bill on the growth of municipalities. 5. Reported that Mr. Kindra had provided a memo in the packet regarding the status of the I-73 turnpike, including a resolution that the Transportation Advisory Committee of MORPC recommended to the full commission. Ultimately, Delawaze County and the City of Delawaze did not agree on the alternatives and there continues to be no financial sponsorship for the Delawaze bypass at this point. Mayor Kranstuber: 1. Announced that Gordon Foods will have a grand opening of their new store on June 18. They will occupy the former Designer Shoe Wazehouse facility on 161. Council members are invited to attend. 2. Reported that he will attend the grand opening of Ameritech at the Sun Center across Sawmill on Sunday, May 26. 3. Noted that Council Member Zawaly will represent Council at the D.A.R.E. graduation on Thursday evening at Deer Run. Council Member Campbell will attend the Friday D.A.R.E. graduation at Wyandot. 4. Announced that he will attend the U.S. Conference of Mayors in Cleveland on June 22-25. 5. Noted that Big Bear will hold a grand opening at their new Avery Road store on Wednesday morning. 6. Reported that plans for the teen boazd continue. A preliminary meeting will be held on June 4 at 7:30 p.m. in Council Chambers, and all Council members are welcome to attend. The response to date has been excellent. 7. Noted that he would still like to have the costs of the change order for the running track. Mr. Lenz responded that he will provide this to Council by the next meeting. LEGISLATION Tabled Legislation Ordinance No. 41-96 - An Ordinance Authorizing the City Manager to Enter into a Cable RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 3 Meeting Helci May 20, 1996 19 Television Franchise Agreement with Ameritech/New Media, Inc. (Second reading tabled until May 20, 1996) Ordinance No. 42-96 - An Ordinance Extending the Time Warner Communications Franchise Agreement. (Second reading tabled until May 20, 1996) Ms. Hide Pittaluga, Public Services Committee Chair noted that she recommends that these ordinances be tabled for at least another two weeks. Mr. Campbell moved to table Ordinance Nos. 41-96 and 42-96 until June 3, 1996. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Third Readings Ordinance No. 12-96 (Amended) - An Ordinance Establishing a Transportation Task Force for the City of Dublin. (Third Reading) Mr. Zawaly moved to amend Section 3, adding after the first sentence, "When making appointments to the Transportation Task Force, Council should seek and consider recommendations from the business, residential and public communities, including but not limited to local chambers of commerce, civic and homeowners associations, government entities, and school districts." Mr. Campbell seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor I{ranstuber, yes; Mr. Campbell, yes. Mr. Campbell thanked the Administrative Committee for their efforts with this legislation and particulazly Mr. Zawaly for the amendment drafted in response to the Chamber's concerns. Vote on the ordinance -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes. Mrs. Stillwell noted that the task force openings will now be advertised. Mr. Campbell requested that Ms. Beazden notify the Dublin Chamber of Commerce that the task force has now been established. Mr. Zawaly noted that the Dublin Retention and Expansion Task Force had originally made the recommendation to Council to create the transportation boazd, and he thanked them for their efforts. Resolution No. 08-96 - A Resolution Adopting the City of Dublin's Goals for 1997. (Third Reading) Mr. McCash moved to amend goal 97-7 to read as follows: "Municipal facilities. Council should fund immediate studies of the need for Phase II of the Recreation Center, a new municipal building, a cultural & performing arts center, and a senior center. The analysis should include an evaluation of potential sites, including but not limited to the Coffman Pazk azea and the Old Dublin Area. The studies should determine the ability of various azeas to support and accommodate the city's current and future needs as well as the current and future impact of the facilities upon those azeas." Mr. Zawaly seconded the motion. Vote on the motion -Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. Vote on the resolution - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Mayor Kranstuber asked if there is a process in place to monitor progress on the goals. Mrs. Stillwell responded that these goals aze actually for 1997-99. Mr. McCash reaffirmed that it is his recommendation that the study regazding municipal facilities be forwazded to the Community Development Committee for review. Mayor Kranstuber emphasized that it is important that all of Council and the Community Plan Steering Committee aze apprised of this study as well. Mr. Zawaly added that the Administrative Committee will review the adopted goals and discuss plans for implementing them. Second Readings Ordinance No. 45-96(E) - An Ordinance to Amend Chapter 150 of the Dublin Codified Ordinances with Respect to Contractor Registration, and Declaring an Emergency. (Second Reading) Mr. Lenz explained the changes being implemented with this ordinance. Homeowners who are doing their own work in their own homes will not be required to register as a contractor. They will, however, still have to have a building permit and will have to sign an affidavit stating that they aze doing their own work. Any subcontractor hired by the homeowner will still have to pay for a contractor's registration in Dublin. Homeowner's insurance will cover the liability for a homeowner doing his own work. Building permit fees will still be applicable for a project. Mr. Lenz noted that RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 4 Meeting Held May 20, 1996 lg emergency action is requested due to the building season commencement. Mr. Zawaly moved to waive the three-time reading rule and treat the legislation as an emergency. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes. Vote on the ordinance - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Ordinance No. 46-96 - An Ordinance Authorizing the City Manager to Enter into a Contract with the Maternal Order of Police Capital City Lodge ll9 Regarding Wages, Hours, Terms and Conditions of Employment, and Declaring an Emergency. (Second Reading) Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. McCash, yes. Vote on the ordinance -Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes. Ordinance No. 48-96 - An Ordinance Accepting the Lowest and Best Bid for the New Recreation Center Fitness Equipment and Authorizing the City Manager to Enter into a Contract for Procurement of Said Equipment, and Declaring an Emergency. (Second Reading) Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Vote on the ordinance - Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Ordinance No. 49-96(Amended) - An Ordinance Amending Title III ("Administration") of the Dublin Codified Ordinances to Establish Chapter 37 ("Contracting and Competitive Bidding Procedures"). (Second Reading) Mr. Hansley stated that the amended language in the ordinance is responsive to concerns raised at the workshop session last Monday. Discussion followed regarding consistency with the Revised Charter. Mr. Campbell moved to refer the matter of amending Ordinance No. 49-96 to the Administrative Committee for recommendation to Council for the June 3 meeting. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Resolution No. 09-96 - A Resolution to Repeal the Existing Council Rules of Order and to Adopt New Council Rules of Order. (Second Reading) Mr. Zawaly moved to table the second reading of the resolution until the June 3 Council meeting. Mr. McCash seconded the motion. Mayor Kranstuber noted that a resident is present to comment on this resolution. Wallace Maurer. Dublin Road asked if this is enabling legislation to put the Revised Charter into effect. He is very concerned with the confidentiality clause contained in the Revised Charter in regard to the open meeting provisions. He asked for clarification from Council. Mayor Kranstuber stated that the resolution before Council tonight relates to the Council Rules of Order. Council members are very sensitive to the sunshine law regarding their meetings. Mr. Campbell emphasized that during the 6 years he has served on Council, executive sessions have been held on only the topics permitted by law. The Revised Charter allows Council to establish by ordinance additional circumstances where executive sessions are permitted. Any such ordinances will have a full public hearing when they are brought before Council. Mr. Zawaly added that under the Revised Charter, new legislation will be required to add any category to the list of topics permitted to be discussed in executive session. At this time, only litigation, personnel and land acquisition can be discussed in executive session. Vote on the motion to table - Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mrs. Stillwell, yes. Mr. Campbell thanked Mr. Zawaly for the tremendous amount of work that he is doing on the Rules RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 5 Meeting Held May 20, 1996 lg of Order. Consent Agenda Items Mr. McCash requested that Ordinance No. 53-96 be removed from the consent agenda. Mr. Campbell moved to introduce Ordinance Nos. 50-96 and 52-96 and to treat them as consent agenda items. Mr. Zawaly seconded the motion. Vote on the motion - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Ordinance No. 50-96 - An Ordinance Accepting the Lowest and Best Bid for the New Police Firearms and Authorizing the City Manager to Enter into a Contract for Procurement of Said Equipment. (First Reading) Ordinance No. 52-96 - An Ordinance Amending Chapter 35 of the Codified Ordinances to Revise the Fee and Service Charge Revenue/Cost Comparison System. (First Reading) First Readines Ordinance No. 51-96 - An Ordinance Amending the Annual Appropriations for the Fiscal Year Ending December 31, 1996, and Declaring an Emergency. (First Reading) Mr. Hansley stated there was a detailed memo in Council packets explaining each of the additional requests for appropriations. Ms. Grigsby is present to answer any questions. Staff recommends adoption by emergency. Mrs. Stillwell introduced the ordinance and moved to waive the three-time reading rule and treat this as emergency legislation. Ms. Hide Pittaluga seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mrs. Stillwell, yes; Mr. Campbell, yes; Mr. McCash, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes. Vote on the ordinance - Mr. McCash, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Zawaly, yes. Mr. Zawaly then recused himself from participating in any discussion regarding Ordinance No. 53- 96 and left Council Chambers. Ordinance No. 53-96 - An Ordinance Accepting a Quit Claim Deed from the Muirfield Association, Inc. for Pedestrian Tunnels and Authorizing the City Manager to Execute an Easement Agreement. (Frst Reading) Mr. Campbell introduced the legislation. Mr. Smith suggested an amendment to page 1 of the easement agreement, pazagraph 4, sentence 1. Language to be added is, "as it relates to the azea that is included in the easements." This clazification is necessazy because there aze other drainage systems and this agreement covers only the ones which relate to the azea included in the easements. Mr. McCash clazified that the City will be responsible only for the structural integrity of the tunnels and not for the general drainage of the stormwater runoff. Mrs. Stillwell requested that a comma be added in pazagraph 4, line 5, after the word "system". Following brief discussion of a fax sent to Council with corrected language in the acceptance agreement, Mr. Smith confirmed that the language in the acceptance agreement will be corrected to read, "The City of Dublin herein accepts any interest Muirfield Association. Inc. may have in the pedestrian tunnels contained in the public rights-of--way dedicated to the City of Dublin in each phase of Muirfield Village where such pedestrian tunnels aze located and as delineated on the subdivision plats in all developed phases of Muirfield Village in Franklin and Delawaze County, Ohio, in accordance with the memorandum dated October 31, 1995, from Steven J. Smith to the Public Services Committee of Dublin City Council adopted by the Dublin City Council at its meeting on Monday, November 20, 1995, at 7:30 p.m., which is incorporated herein and made a part hereof." Mayor Kranstuber moved to amend the quit claim deed, acceptance and easement agreement per the corrections offered by Mr. Smith and Council Member Stillwell tonight. Mr. Campbell seconded the motion. Vote on the motion - Mr. Campbell, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes. Mr. Campbell moved to waive the three-time reading rule and treat this as emergency legislation in view of the safety issues involved with this roadway system of the City. Mayor Kranstuber seconded the motion. Vote on the motion - Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Campbell, yes. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 6 Meeting Held May 20, 1996 19 Vote on the ordinance -Mrs. Stillwell, yes; Mr. McCash, yes; Mayor Kranstuber, yes; Ms. Hide Pittaluga, yes; Mr. Campbell, yes. Mr. Campbell moved to introduce Resolution Nos. 10-96 through 20-96, waive the three-time reading rule and treat them as emergency legislation. The exhibits aze those as provided to Council tonight in the red folders. He asked that the clerk read the names of the roads and the property owners for the record. Mr. Zawaly seconded the motion. Mr. Smith provided an explanation of the fee simple interest versus the temporazy taking of the properties and the process for the takings. Mrs. Stillwell thanked the legal staff for taking the time to individually contact each of the residents by phone today to explain the process. Mr. Smith confirmed that the resolutions distributed to Council tonight were the same as those in the packet -the exhibits in the packet had been inadvertently reversed. In response to Mrs. Stillwell, Mr. Foegler reaffirmed that staff is making every effort to minimize the impact of this project on the affected property owners. The additional right-of--way and the temporary easements needed are extremely small. Resolution No. 10-96 - A Resolution of Intent to Appropriate a .058 Acre Temporary Construction Easement Owned by Thurmon and Patricia Floyd, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 11-96 - A Resolution of Intent to Appropriate a .123 Acre Temporary Construction Easement and a .016 Acre Fee Simple Interest Owned by Patricia Grimm Schumann, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 12-96 - A Resolution of Intent to Appropriate a .117 Acre Temporary Construction Easement and a .018 Acre Fee Simple Interest Owned by Nancy Rector, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 13-96 - A Resolution of Intent to Appropriate a .104 Acre Temporary Construction Easement and a .038 Acre Fee Simple Interest Owned by Stephen Willson Meagher, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 14-96 - A Resolution of Intent to Appropriate a .029 Acre Temporary Construction Easement and a .024 Acre Fee Simple Interest Owned by Lawrence W. and Karen A. Noll, Located on the East Side of S.R. 745, In Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 15-96 - A Resolution of Intent to Appropriate a .014 Acre Temporary Construction Easement and .001 Acre Fee Simple Interest Owned by Karen A. Noll, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 16-96 - A Resolution of Intent to Appropriate a .007 Acre Temporary Construction Easement Owned by Stanley A. Malatesta, Located on the East Side of S.R. 745, in Washington Township, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 17-96 - A Resolution of Intent to Appropriate a .007 Acre Temporary Construction Easement Owned by Jane M. Fitch, Located on the South Side of Shannon Park Drive, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 18-96 - A Resolution of Intent to Appropriate a .007 Acre Temporary Construction Easement Owned by Christine A. Dickinson, Located on the South Side of Shannon Park Drive, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 19-96 - A Resolution of Intent to Appropriate a .007 Acre Temporary Construction Easement Owned by Deborah A. Klahr, Located on the South Side of Shannon Park Drive and West Side of Coffman Road, in the City of Dublin, County of Franklin, State of Ohio, and Declaring an Emergency. (First Reading) Resolution No. 20-96 - A Resolution of Intent to Appropriate a .009 Acre Temporary Construction Easement Owned by Susan J. Insley, Located on the South Side of Shannon Park Drive and West Side of Coffman Road, in the City of Dublin, County of Franklin, State of RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 7 Meeting Held May 20, 1996 19 Ohio, and Declaring an Emergency. (First Reading) Mayor Kranstuber asked if anyone was present to testify on the resolutions. No one came forwazd. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Vote on Resolution Nos. 10-96 throu hg 20-96 -Mrs. Stillwell, yes; Mayor Kranstuber, yes; Mr. Zawaly, yes; Mr. Campbell, yes; Mr. McCash, yes. Other Right-of-Wav Encroachment - Campden Lakes Mr. Foegler indicated that Ms. Clark will give the staff presentation. Howard Adams, 8445 Gullane Ct., Dublin, stated that this is a typical entry feature for subdivisions within Dublin. The feature was approved by Planning & Zoning Commission. The Commission was opposed to having the entry feature lighted and the applicant has agreed not to light the feature. He believes that all issues have been resolved, and offered to respond to any questions from Council. He added that he agrees to comply with all conditions set by the Planning Commission with their approval. Ms. Clazke gave a brief presentation, noting that the issue involves aright-of--way encroachment for a stone sign to be constructed within the median. The sign is similaz to the entry feature of Muirfield Village and it will display copy stating, "Campden Lakes Boulevazd". The Planning Commission has recommended several conditions, including one that the applicant execute a hold harmless agreement so that the City would not be liable in any future accident involving the sign. Mr. Zawaly noted that his understanding is that a separate entry feature has already been approved for the subdivision. Tonight's discussion involves a road sign - not an entry feature similaz to Muirfield's. Mr. Adams explained that the entry serves two subdivisions - Wedgewood Hills and Campden Lakes. For safety reasons, the developers had agreed to use one entry for both subdivisions. Since the entry serves two subdivisions, the sign is worded, "Campden Lakes Boulevazd" denoting that a motorist has arrived in the azea where the subdivisions aze located. Mr. Zawaly expressed concern about establishing a precedent and asked for staffs rationale for suggesting a deviation from the street sign standazds. He also noted that the subdivision will have another entry feature at the subdivision entrance to the north. Ms. Clazke responded that this sign constitutes an entry feature in that it highlights the entrance into the subdivision and is similar to Muirfield Village in that it is a stone wall within the median, within the public right-of--way. Since the entry feature encroaches within the right-of--way, Council has to approve it. There are no similaz street signs within the City. Mr. McCash commented that the extensive landscaping in this location together with a standard street sign would indicate to motorists that they have arrived at a subdivision entrance. Mr. Zawaly asked who will be responsible for maintenance of the proposed sign. Mr. Adams responded that the homeowners association will do so. Mr. Zawaly expressed concern that the homeowners could eventually return to Council and request that the City take over maintenance of this azea which is located within the right-of--way. Mr. Campbell suggested that the developer redesign this into an entry feature. Mr. Adams requested that Council approve this as an entry feature tonight with the provision that the other entry feature be dropped. If the developer chooses to retain the other entry feature instead, this entry feature will then be dropped and merely landscaped. The developers of Wedgewood Hills have entrances off of Riverside Drive and are not concerned with having an identified entrance to their azea on Summitview. Mayor Kranstuber responded that he would rather consider this in two weeks than try to draft a motion during tonight's meeting. He would prefer the proposal be in writing and contain only one entry feature including a drawing. Mr. Adams asked if it would be acceptable to Council if they return in two weeks and request an entry feature off of Summitview which says, "Campden Lakes" with the provision that the entry RECORD OF PROCEEDINGS Minutes of Dublin Ciry Council Meeting Page 8 Meeting Held May 20, 1996 lg feature 600 feet to the north is eliminated. Mrs. Stillwell confirmed that this would then be an entry feature in the public right-of--way and there would be only one. Mr. McCash commented that he would not want to see the same sign in two weeks with the word "boulevazd" removed. He would prefer that it actually be redesigned as an entry feature as opposed to a sign. Mr. Adams stated that they believe the sign as proposed with stone walls is consistent with the Dublin image. Discussion followed about the size of this entry feature in relation to the size of the development. Mr. Zawaly emphasized that Mr. Adams should return to Council with an entry feature proposal which would include landscaping. Mr. Campbell moved to table this application to the June 3 meeting to allow the developer time to prepaze a proposal for an entry feature for the project and allow Council adequate time to review the proposal prior to the meeting. Mr. Zawaly seconded the motion. Ms. Hide Pittaluga requested that a drawing be provided as well. Vote on the motion -Mayor Kranstuber, yes; Mr. Campbell, yes; Mrs. Stillwell, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes. Final Plat - Balgriffin (Applicant: Avery Road, Ltd. and Mid States Development Corporation, c/o Randall J. Asmo, 5720 Avery Road, Amlin, OH 43002) Ms. Clazk noted that this is a single family subdivision plat which was approved by Planning & Zoning Commission in 1994. Several delays in construction then occurred, and the applicant applied fora 6-month extension which was approved by the Commission. The Planning Commission requested that a detention basin be landscaped by the applicant and he agreed. The remaining condition to be fulfilled is the installation of the landscaping which will be completed as soon as weather permits. Randy Asmo, 5720 Avery Road, representing the applicant offered to answer any questions from Council. Mrs. Stillwell moved to accept the final plat for Balgriffin with the conditions of Planning and Zoning Commission. Mr. Campbell seconded the motion. Vote on the motion - Mr. McCash, yes; Mrs. Stillwell, yes; Mr. Zawaly, yes; Mayor Kranstuber, yes; Mr. Campbell, yes; Ms. Hide Pittaluga, yes. At this point, Mayor Kranstuber recused himself from the discussion involving Caplestone Lane proposed agreements and left Council Chambers. Caplestone Lane -Proposed Agreements Vice Mayor Stillwell noted for the record that Mayor Kranstuber has recused himself from all of the discussions that Council has had regarding this matter. Mr. Campbell gave a brief history of the issue as outlined in the memos provided in the packet from the City Engineer and the Law Department. The initial request by the homeowners of Caplestone Lane was to convert the street from a private to public street. A compromise has been reached with the residents wherein the City will improve the intersection of Caplestone Lane and Dublinshire Drive at an estimated cost of $50,952.00. This solution will address several of the problems. Staff will prepaze legislation to acquire the right-of--way to improve this intersection. The Caplestone Lane azea where the residences are located would remain private; the public street would consist of the portion from the comer at Dublinshire to that point. Mr. Campbell then moved that staff be instructed to prepaze the legislation to acquire the right-of- way for the purpose of improvement of the intersection at Dublinshire and Caplestone Lane from the corner to the point where the Caplestone Lane would remain private. Mr. Zawaly seconded the motion. Ms. Hide Pittaluga noted that she has received several phone calls and letters from residents and thanked them for voicing their concerns to Council. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 9 Meeting Held May 20, 1996 lg Mr. Zawaly thanked the residents and Mr. Campbell for their work on resolving this issue. The compromise proposed is an excellent one. Mr. Campbell expressed his appreciation to the residents for their patience throughout the process. Mr. McCash noted that he had reseazched the Code on this matter and believes this street consists of two areas - a front entry and a sepazate private street. This front entry azea is actually a private driveway. In reviewing this process, Council is actually dealing with fixing the accessway to a private street from a public right-of--way. Randy Bank, 5560 Caplestone Lane, assured Council that the Association met in May and discussed this at length. There was unanimous agreement with this proposal. The only remaining issue seems to be regazding the island azea in the middle of the driveway entrance to their azea. Their understanding is that the island azea would also be part of the right-of--way taken over by the Ciry. Mr. Kindra clazified that the Ciry does not ordinazily maintain island azeas such as this; rather, they aze maintained by homeowner associations. Mr. Campbell then clazified that prior to preparation of the legislation, the residents should decide if they want to keep the entry feature there. If so, they will have to maintain it. If the azea is just grass, the Ciry will do normal right-of--way maintenance. Mr. Campbell clarified that Mr. Banks should contact him or Mr. Kindra to let them know of the residents' decision. Mr. Foegler noted that a dedication plat can be prepazed by staff to make this azea a public right-of- way. It would take approximately 60 days for Engineering to prepaze. Mr. Banks stated that the residents will likely want to keep the entry as it currently exists and continue to maintain it. Following discussion, Mr. Campbell asked that Mr. Banks poll the residents and let the Ciry know within a few days what their preference is. Unless staff heazs something to the contrary by the end of the week, staff will assume that the residents want to keep the entry as is and continue maintaining the entry. Mr. Foegler confirmed that staff will then put notes on the plat that the maintenance of the landscaped island is the responsibility of the homeowners association as is standard procedure. Following discussion about timeframes, Mr. Campbell amended his motion to reflect that the design and construction for the project be completed this construction season. Mr. Zawaly seconded the amendment. Mr. Foegler clazified that the major part of the structural problems can be addressed this construction season; the resurfacing portion will be done as soon as practicable. Vote on the motion asamended -Mrs. Stillwell, yes; Ms. Hide Pittaluga, yes; Mr. McCash, yes; Mr. Campbell, yes; Mr. Zawaly, yes. Mrs. Stillwell expressed appreciation to Mr. Banks and to Council and staff for their hard work on resolving this matter. Council Committee Reports Mr. McCash, Community Development Committee noted that minutes of their recent meeting were distributed in packets. Several items were considered at the meeting, including: sidewalk and street tree waivers; revisions of the fence code; and sandwich board signs on 161. The Law Director is currently reviewing the waiver provisions; Planning staff is reviewing the fence code amendments for recommendation to Council; Mr. Foegler is working on proposals for a gateway or entry feature to replace the sandwich boazd signs. Mrs. Stillwell, Administrative Committee reported that they will meet on Thursday to review the Rules of Order and the contracting and bidding ordinance. She then briefly reported on their most recent meeting: 1. The Strategic Communications Plan was reviewed by the Committee. It was determined that there is a gap in the Plan regarding the Council communication aspect. The Committee Minutes of RECORD OF Dublin City Council Meeting PROCEEDINGS Page 10 Meeting Held May 20, 1996 9 needs to bring some closure to this matter. The Committee believes that in terms of providing methods to enhance Council's positive image, establish pro-active communications with the public, and provide timely dissemination of factual information, that the Plan could be improved. They will work with the Public Information office on this. 2. Regazding the legislative tracking process, a strategy was proposed in the last packet to address this. She suggests a summer breakfast meeting with legislators to reaffirm the City's ongoing relationships. A process also needs to be established with-the Municipal League to coordinate with other municipal groups. The Committee will continue discussions to refine this process. Ms. Hide Pittaluga, Public Services Committee reported that: 1. She .attended a National League of Cities telecommunications conference last week which was extremely valuable. A repeated theme was the importance of involvement at the state level with regazd to telecommunications issues which will be brought before the legislature. Mr. McDaniel is working with other cities on this. Another point emphasized at the conference was the importance of a telecommunications policy for cities. The Telecommunications Act passed in 1996 has faz-reaching implications for cities. She will continue to work on formulating a telecommunications policy for the City. 2. A public presentation was made to the Public Services Committee recently by Ameritech/New Media regazding what they will offer the City with approval of their franchise agreement. 3. Discussion was held at the Committee regazding the Conleth Circle bike path issue. The issues are more complicated than they first appeared to be, and staff is working to propose a solution which will address the safety issues while not reducing access to the pazk. 4. Regazding the Dublin Road bike path, the Committee agrees with staff's recommendation to do an environmental impact study of the azea which will take approximately 9 months. There was no objection from Council members to this course of action. 5. The extended area service issue was also discussed and three options presented to the Committee. The Committee advocates pursuing the extended azea service option at this time. There was no objection from Council members. 6. In regazd to the Time-Warner hub to be located in Coffman Park, Mr. McDaniel will provide more information to the Committee prior to any recommendation being made to Council. Ms. Hide Pittaluga, ad hoc Computer Committee reported that they held a productive meeting with staff. She noted that this issue needs to be reviewed within the context of the entire telecommunications issue and will provide a report to Council on this matter and the telecommunications policy matter within the next couple of weeks. Mrs. Stillwell requested that staff provide an update on land acquisition efforts at an executive session at the next Council meeting on June 3. Discussion followed about the direction given to staff late last yeaz regazding acquisition of the gas stations. Further discussion about the desires of the present Council in regazd to land acquisition will beheld in an executive session following the June 3 Council meeting. Mrs. Stillwell thanked Judy Perry, Assistant Clerk for filling in for the Clerk of Council who is attending a clerk's conference. Mr. Zawaly suggested that the Finance Committee handle the cost workshop which is scheduled on Wednesday evening. All of Council is welcome to attend, but the Committee could work through the issues. Following brief discussion, Mr. Campbell moved to refer the revisions to the fee and service chazge revenue/cost compazison system to the Finance Committee for recommendation to Council. Mr. Zawaly seconded the motion. Vote on the motion -Mayor Kranstuber, yes; Mr. McCash, yes; Mr. Zawaly, yes; Ms. Hide Pittaluga, yes; Mrs. Stillwell, yes; Mr. Campbell, yes. Mr. Campbell noted that in a recent NLC newsletter, it states that Columbus is hosting a major world class economies event on October 6-8 at the Hyatt Capital Squaze. He suggested that Dublin volunteer to assist with this event and confirm this in writing to Mayor Lashutka. There was no objection from Council members. RECORD OF PROCEEDINGS Minutes of Dublin City Council Meeting Page 11 Meeting Held May 20, 1996 lg Mr. McCash commented that the assignment list which is forwarded in the Council packets has been very helpful. He asked that staff review the list to update the status of the assignments. Mayor Kranstuber adjourned the meeting at 10:15 p.m. Mayor -Presiding Officer ~~ A i g rk of C it Public 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. Muirfield Maintenance A reement 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 tPie 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 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 standazds 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 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 & MDRPHY MEMORANDIIM 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 o3ssos.ool 3 Public Services Committee of Dublin City Council Minutes of Meetine October 24, 1995 Attendine: Chuck Kranstuber, Chairperson Cathy Boring A.C. Strip Terry Foegler Dana McDaniel Janet Jordan Fred Hahn Danny Johnson Howard Adams Larry Holbrook Bill Root Peter Zawaly Randy Asmo Mr. Kranstuber called the meeting to order at 5:45 p.m. He moved to approve the minutes of July 19 and August 16, 1995. Mr. Strip seconded the motion. Motion carried. Muirfield Maintenance Agreement Mr. Kranstuber asked Mr. Foegler to summarize the issues which are not yet resolved. Mr. Foegler stated that the Law Director has recognized the pedestrian tunnels as private improvements in a public right-of-way. The Muirfield Association representatives believe that the tunnels are public since nothing in the documents indicates that they are private. Mr. Holbrook stated that there are 14 tunnels and they were installed for reasons of public safety to allow pedestrians to cross a busy street. Mr. Foegler noted that the underpass on Glick Road services only the golf course. The Association members and Committee members agreed that this tunnel can be excluded from this conversation since it serves only the golf course members. Mr. Foegler then gave a history of the maintenance agreement matter which first arose in November of 1992. The agreement was an attempt by the City to formalize the informal agreements that existed over the years regarding maintenance of public and private areas of Muirfield. Since Muirfield mows the public median space, the City attorney had agreed that the City could maintain some of the private areas - a quid pro quo type of arrangement. The Association, however, did not accept this interpretation since there was basic disagreement about what was deemed as private and public. If the City attorney holds firm to his opinion, the City has to have rationale to invest in these private improvements. In response to Mr. Strip, Mr. Foegler stated that the annual structural maintenance for the tunnels would be minimal; the big expense is when a structure needs to be replaced. The cost would have to be estimated on a case-by-case basis. Bill Root, Muirfield Association representative, stated that Mr. Smith has defined the private improvements such as overpasses, tunnels, etc. as those which encroach upon or cross through public right-of--way and which may only be utilized exclusively or primarily from private property such as the private walk-way system in Muirfield. He has found no legal basis for this opinion in his examination of all documents. He has researched all of the plats and records and concludes that it is clearly delineated that public rights-of--way were constructed and dedicated to the City of Dublin. Any responsibility of the Association for maintenance of private areas would have been noted on the plat. The tunnels were installed for reasons of public safety, and the City has responsibility for the public safety of its residents. Mr. Foegler commented that the law Director is doing additional research, but his rationale about the right-of-way debate is that many easements are not recorded on the plat -the power company, gas company, cable, etc. The public right-of--way makes it no less private improvements located on the public right-of-way. Mr. Strip asked who has been doing maintenance on these for the last 20 years. Mr. Foegler responded that there has not been a need for structural maintenance during this time. Mr. Johnson added that the City has repaired some of the stone facade over the years. Mr. Foegler emphasized that there has been an informal relationship over the past 20 years and an informal agreement regarding maintenance. Trying to formalize the agreement has created this problem. Mr. Holbrook noted that the Association was never told by the developer that they should create a reserve fund to maintain the underpasses or for ongoing maintenance of the berm structure on the roadways. He was with the development company many years ago as well. Mr. Root added that the Association does have encroachments in the public right-of-way for things such as signs and there is documentation to establish this. Mr. Strip stated that if a bridge collapses under a public street in Muirfield, who would repair the roadway. Mr. Foegler responded that the City attorney did not address this situation. He commented that while the City has no legal obligation to maintain, restore or upgrade the facilities, the City does have an ongoing obligation to inspect those facilities and either have them maintained or closed in the event a safety issue is identified. Debate continued about the private or public nature of the improvements. Mr. Kranstuber summazized that there are some strong equity arguments in favor of the Association. The City gains by the relationship it enjoys with Muirfield. He asked what remedies are available to Council if they disagree with the City attorney's position and what are the ramifications of this. Mr. Foegler suggested that some recognition could be given of the value of the maintenance that has been provided for the past 20 years, and therefore Council concludes such and such. Mr. Kranstuber noted that this would provide a public policy basis for the consideration. Mr. Root commented that he does not see how a municipality can create an expensive under- road system for the benefit of public safety and expect a private entity to have the funds to maintain it. Mr. Strip responded that the tunnels were built because they provided aesthetics to the community as did bike paths. The City likely would not have constructed the tunnels to begin with. He added that back in 1974, Dublin was an unsophisticated village with a small population and things were handled much more informally. Mr. Root disagreed, stating that subdivision platting was not new in 1974 and it was handled by professional attorneys. Private encroachments have been noted on subdivision plats routinely. Mr. Adams emphasized that the underpasses were modeled after an azea in Maryland and Virginia and they were presented as a public improvement at the time. Mr. Strip asked how Council can proceed from this point on, and requested an opinion on whether he would have a conflict of interest because he is a Muirfield resident and may be a beneficiary of this vote. Mrs. Boring asked how the Association would react if the City decided not to restore the tunnel, but rather filled it in and made it a roadway. The Association representatives agreed that would be a political decision. Mr. Root offered that the Association may be willing to enter into an agreement to maintain the pathways in the public right-of--way, do the painting, clean the graffiti, etc. Mr. Zawaly, President of the Muirfield Association, stated that the tunnels were created and built by the City for public safety purposes at a time when Muirfield and its population represented 70 or better percent of the City. This is the rationale for the City to maintain the tunnels. As everyone knows, the Muirfield residents accommodate the Memorial Tournament. If the responsibility for maintenance of the tunnels connecting the private walkways and bikepaths lies with the Association as well as the contingency liability, the Association will have to consider charging for use of them during the Tournament or possibly close them down. ~xL.. t ~ii~ til ., ~.i Mr. Foegler pointed out that the bottom line issue is if, in fact, Council believes there is rationale and support for providing a way to publicly maintain these, there may be other ways to do so. He does believe that Council must make a policy decision within the context of the legal interpretations provided by the City attorney. Mr. Strip proposed a partnership arrangement which does not do violence to the City attorney's opinion. Mr. Root stated that he has not been authorized by the Association trustees to enter into this type of arrangement. He believes that the areas are public since there were no private encroachments reserved. Mr. Kranstuber emphasized the equity argument in that the City gains much with Muirfield; secondly, public policy is best served in these improvements being maintained by a larger group, in this case, by the City. Mr. Strip noted that he believes there is an appearance of a conflict of interest for him in this matter, and therefore he will not vote on any recommendation until further clarification from the City attorney. Mr. Kranstuber moved that the Committee recommend that the City attorney provide an alternative solution within the context of the opinion he has rendered. This solution would not necessarily address the public/private issue, but make the finding that the tunnels are the responsibility of the City. Mr. Strip suggested that Mr. Banchefsky work on this matter since Mr. Smith resides in Muirfield. Mrs. Boring stated that she would like to hear more of staff's concerns about this matter. She would like the City attorney's office to give Council a reasonable basis for this finding in view of the liability issues involved. Mr. Foegler asked for further clarification about Council's objectives -public maintenance responsibility, public ownership, etc. Mr. Kranstuber stated that his motion includes two options: that the City attorney does not agree that the areas are public, but via a deed or whatever transfers ownership to the City or finds a loophole in the finding that they are public right-of--way, as Cathy has suggested, in order to provide a basis for the proposed solution. Mrs. Boring seconded the motion. Motion carried. Mr. Foegler suggested that another approach would be to place a cash value on things provided by Muirfield over the past 20 years and compare that to what the long term obligations for these are, and arrive at some reasonable quid pro quos that don't bind you into the future. Discussion followed about a timeframe for a response from the City attorney. The consensus of the Committee was to meet again at 6 p.m. on Tuesday, October 31 to review the alternatives. Mr. Foegler noted that his understanding is that the City attorney has been asked to investigate whether there would be a conflict of interest for Muirfield residents who are Council members; is there a way to address the maintenance issue by formally conveying whatever rights and interests the Association has to the City for the City to accept; and if Council agrees with the Muirfield Association's position and not the City attorney's, what alternatives and are available to Council and what are the ramifications. Proposed Community Recreation Center Fees Mr. Kranstuber stated that this matter would be deferred until next week since Ms. Jordan is still working on the proposal. Dublin Party House Rezoning Parkland Issues Mr. Kranstuber reminded the Committee that the merits of the rezoning are not being considered tonight. They are looking at the concept of the donation of the Party House to the City and whether the City would have any interest in this transaction. Ms. Jordan distributed copies of the plan and noted that the value of the parkland included on the plan is incorrect - it should be $39,000, not $31,000 per acre. Mr. Asmo showed some aerial view pictures of the Party House. He noted that the proposal includes the Clubhouse as well as a shelterhouse. The clubhouse is approximately 6,000 square feet. The rezoning proposal is deficient by 2 acres in parkland dedication, so they are proposing that the Clubhouse be donated to the City and the shelterhouse which would more than adequately cover the parkland requirement. Ms. Jordan noted that the greenspace ordinance as currently written allows only the option of taking land or taking a fee which is used to acquire additional parkland. She added that staff believes that the Committee should be given an opportunity to review this proposal since it represents a significant asset for the City. Mr. Strip suggested that the owner pay the parkland dedication fees and the City in turn then buy the clubhouse and shelterhouse for the same amount. Mr. Asmo responded that this arrangement would be acceptable Ms. Jordan stated that the facility could be used for parties, for special events, for meetings, and for occasions when alcohol would be served since they have a license at the facility. In response to Ms. Jordan, Mr. Asmo stated that the only profitable area of the business is with the alcohol sales. The facility does have a large volume of users, however. Mr. Strip stated that the Committee can only take this issue so far because the next step is the zoning issue. If the rezoning is not approved, the parkland issue is academic. Mr. Foegler commented that staff is seeking the Committee's input on the concept and whether it is worthy of further exploration of the potential uses and revenues. Mr. Asmo stated that he is willing to share the financial statements with the Committee on a confidential basis. Mr. Strip emphasized that the financial implications would be different for a City in terms of the expenses a City cannot deduct and for requirements a City must meet, e.g., prevailing wages, etc. Mr. Asmo stated that he never anticipated that there would be a profit consideration for the City in this matter. There would have to be an arrangement for transferring the liquor license since it's not part of the real estate assumption. Mr. Strip concluded that he is intrigued by the possibilities for the City to expand its community events to such a facility; the meeting room space is also interesting. Mr. Kranstuber added that this proposal would give something unique to the southwest area of Dublin. Mr. Strip emphasized that he is speaking from the standpoint of the City owning a shelterhouse and a facility. He is not drawing any conclusions about the zoning aspect -that is for Planning and Zoning Commission to do. Mrs. Boring stated that outside of the zoning aspects, she could consider the option of a buy- back within the existing ordinance as suggested earlier. Mr. Kranstuber moved to approve the proposal in concept. Mr. Strip seconded the motion. Mrs. Boring moved to amend the motion to add that the concept be worked out within the existing ordinance, as a buy-back arrangement. Mr. Kranstuber accepted the amendment. Motion carried unanimously. Mr. Strip noted that it is important to clarify that the recommendation is based strictly on the merits of the facility and without any reference or review of the rezoning proposal. At this point, the meeting was adjourned for a short break. The meeting was reconvened at 7:25 p. m. Bikeways Map Update Mr. Foegler stated that staff recommended in the August capital budget presentation a $50,000 annual expenditure for bikepaths. Council had indicated that they would like additional monies allocated for this purpose. The drawings presented tonight show the existing bikepaths, what is committed to be built, and will help determine an appropriate amount. The map contains five categories of bikepaths -existing, those committed by developers, those committed by the public sector, those likely to be constructed by private development, and those likely a City responsibility. Staff is comfortable with recommending $100,000 annually for bikepath construction. He also distributed a draft alignment study for the Dublin Road bikepath. The study assumes that it will be a federally funded bikepath. Staff has submitted the application for 80/20 funding (city pays for design and the government picks up 80/20 right of way acquisition and construction) and expects to hear results in a couple of months. The City's total contribution will be about $250,000. He emphasized that if it is built with federal funds, it is built to federal standazds which aze significantly higher than those of the City. If the application is not approved, the City will design it to a different standard. The consultant is looking at preliminary data to determine locations for a pedestrian underpass. The federal funding will impact the design decisions for the bikepath. He noted that the ballpark figures for construction of bikepaths is $15 per foot, not including right-of--way and drainage issues. The cost of underpasses ranges from about $75,000 to $100,000. Mrs. Boring and Mr. Strip commented that the City should consider using federal standards along the major roads. Mr. Foegler responded that this kind of feedback will be incorporated into the community plan bikepath element update. Following discussion, Mr. Kranstuber proposed that the Committee postpone any recommendations until the decision is made on the 745 federal funding application. Mr. Strip agreed. Mr. Foegler noted that there is a timing issue involved for federal funding of the 745 bikepath. If it is approved, it is included on the T.I.P. at MORPC. Best estimate is for construction in the year 2000. Mr. Kranstuber proposed that the Committee examine bikepath links where the monies spent would produce a large return. Ms. Jordan suggested that staff put together a list of crucial links in the interim prior to the response on the funding application. Mrs. Boring suggested that the City consider building bikepaths in areas where there aze no sidewalks or other access for pedestrians or bikes. There is a public safety factor involved. There is a lot of development coming online with Wedgewood Hills and Campden Lakes. A north/south link up to Summitview from the high school would be desirable. Discussion followed about the desire for bikepath connections to the Sawmill Road area. Mr. Kranstuber suggested that Committee members provide staff with the two or three links which they consider a priority; staff can estimate costs for those links and return to the Committee within a couple of weeks. Mr. Kranstuber asked that staff forward copies of the bikepath materials to all Council members with a memo stating that the Committee has reviewed the information; that cost estimates aze being prepared for the top priority links; and any ideas should be forwarded to the Committee. .:~` Other suggestions from the Committee included: rec center links, Perimeter Drive links, balancing monies spent in different areas of City; school linkages; and Avery Park link from the pool. Ms. Jordan emphasized that the bikeway system is comprised of bikepaths and on-street routes. The map shows only the bikepaths, not the system. Staff is working on a community bikeway system map at this time. There is a total of 15.5 miles in bikepaths at this time. Hard Road will add another mile. Other Mrs. Boring asked about the status of the zoning motion for the David Road area. Mr. Foegler responded that he has discussed this matter with the Planning Director. The report from the Committee to Council did not include directing staff to explore the rezoning for the area, but the Planning Director is preparing a memo for the Committee to estimate what is needed to accomplish a rezoning based upon what was required on the north end. Mr. Kranstuber stated that the Committee will meet in about a month to discuss bikepaths, David Road and other items referred. The meeting was adjourned at 7:40 p. m. -~~ ;,~~ 1~~~~ Assistar t ~1 rk o8, council Public Services Committee of Dublin City Council Minutes of Meeting of July 19 1995 6:30 p.m. -City Hall Attending: Chuck Kranstuber, Chairperson Cathy Boring A.C. Strip Janet Jordan Balbir Kindra Terry Foegler Dana McDaniel Howazd Adams Bill Burton, Bellaire Drive resident Mr. Kranstuber called the meeting to order at 6:40 p. m. Pedestrian Traffic Concerns Re Brandon/Bellaire Area Bill Burton, 7605 Bellaire Avenue told of his concerns about safety for children who must cross Dublin Road to the school being built at Brandonway and Dublin Road. The hills on Dublin Road make sight distance a problem and the speed of traffic is also a concern. He is proposing that, if feasible, a tunnel be built under Dublin Road, similaz to the one neaz Deer Run School, for bikepath and pedestrian access to the school for residents on the east side of Dublin Road. Discussion followed about Council's support of completing the bikepath system connections as contained in their goals. The bikepath funding will be discussed at the upcoming capital budget workshops. Mr. Foegler commented that a consultant has been retained for the Dublin Road alignment study which will include bikepath locations. Mr. Kindra noted that the study should be completed within about 6 weeks. Mr. Kranstuber suggested that Mr. Burton contact the members of the Committee in 6 weeks when this information has been completed. Community Recreation Center Ms. Jordan briefly updated the Committee on the progress of the project. Completion date is set for the end of April or beginning of May. It will then take a month for staff training and to get the systems running smoothly prior to opening. She presented boards of the materials to be used in the center with a color scheme of blue, purple and green. Mr. Kranstuber stated that the Committee would like to tour the facility in October for a progress check. Muirfield Maintenance Agreement Mr. Foegler provided a brief history of this issue. Staff recognized the need for an agreement in the early 1990's in order to specify responsibility for maintenance of wooden guardrails, bikepaths, landscaped medians and other public rights-of--way. The intent of the agreement is also to identify public infrastructures to establish a format relationship of who maintains which items and why. The Service Committee had discussed this matter in 1992, but for a variety of reasons, it no longer became a priority when some of the issues were resolved. The Muirfield Public Services Committee July 19, 1995 Page Two _ :: Association would like to formalize the agreement and has forwarded a draft to the City Attorney's office. Mr. Smith has reviewed this draft and provided a draft agreement for the Committee's review. Key issues addressed are pedestrian walkways located within the public right-of-way, pedestrian tunnels underneath the road, bikepaths which are private improvements located in the public right-of--way. The key aspect of the agreement is that Muirfield maintains landscaping in the public right-of--way and in exchange for that, the City will take the responsibility of maintaining the structures underneath the road. Mr. Foegler suggested that the Committee members review the draft agreement and that the City Attorney will come to the next Committee meeting to respond to any concerns and to explain the few remaining issues. Howard Adams stated that he does not formally represent the Association but was asked to attend this meeting because of his long history with the development. He commented that the tunnels under the roadway are a safety feature. He disagrees with the City Attorney's interpretation that the bikepaths are private improvements. At the time of rezoning, Council accepted the improvements which were designed to serve the residents of Dublin and therefore public improvements. Mr. Strip commented that the point is that the City will maintain the tunnels and that Muirfield will maintain the landscaping. He suggested that they let the attorneys continue to work out the details. The important thing is to come to an agreement, not to debate what is private and what is public. Mr. Adams acknowledged that there is no urgency on this matter. Mr. Kranstuber stated that the Committee will review the next draft at a future meeting. A discussion followed about the status of other items listed on the agenda, the deep tunnel sewer and the Hayden Run/Frantz intersection improvements. It was decided that these had already been discussed at the July 17 Council meeting and it was therefore unnecessazy to further discuss them tonight. Mrs. Boring asked about the status of pazkland acquisition since there may be an opportunity to acquire the Indian Mounds in the near future. Mr. Foegler responded that he will bring to Council a map which identifies all of the potential sites for acquisition for archeological value or natural scenic beauty. The meeting was adjourned at 7:30 p.m. Assis t Cl ~ of uncil