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City Manager Report - October 10, 2016

 Thomas W. Moeller
 October 10, 2016


  • Emails from Jim Gulick Re: Council Email Addresses and development comments
  • Petition from Burman Meadows Residents Re: Camargo Road Sidewalk. 
  • Letter from Leo Brown Group and Attorney Sean Suder requesting Morrison Place Right-of-Way vacation and relocation of public street.
  • Letter from Sandy Smith Re: McDonald Commons Tennis/Pickle Ball Courts
  • Letter from the Ohio Utility Siting Board acknowledging our Motion to intercede in objection to Duke’s request to waive any additional public hearings.
  • Letter from Jim Tepe dated August 22, 2014 regarding Resolution #17-16, B & B Mower Property (Railroad Ave.), Swing Line Grill, City Parking Lot
  • Information from Ohio Municipal League regarding 2016 Annual Conference 


  • No one has pre-registered to address City Council at this time.


  • Special Planning Commission Meeting                                September 29, 2016
  • Law and Safety Committee                                                    October 5, 2016
  • Economic Development Committee                                      October 10, 2016


  • Resolution No. 42-16 – Authorizing the City Manager to Enter into a Purchase Agreement with Pro-Tech Sales for the Acquisition of Police Body Cameras and Cruiser Cameras for the Madeira Police Department.  As reported previously by the Law and Safety Committee, the Police Department has been researching two companies (Taser and Pro-Tech Sales) to supply the officers with body cameras and cruiser cameras.  We accepted proposals from these companies and reviewed the performance specifications from each. The department is recommending the proposal of Pro-Tech Sales, which is the equipment that was demonstrated to the Committee on September 14th.  We are asking City Council to approve this legislation with the declaration that we waive our formal bidding process as per the Madeira Charter because of the specific nature of the requirements of this equipment and the very limited number of vendors (2).  It should be noted that we did evaluate proposals from both companies, but because there was such a difference by each company in the specs for this equipment, it was not possible to prepare a general specification for a formal bidding process.  We will be using excess funds from the Miami Valley Risk Management Association’s Reserve Fund to purchase this equipment. Total cost for all of this equipment is $34,311.30.  Recommend Approval.

  • Resolution No. 41-16 – Authorizing the City Manager to Contract with Kraft Electrical and Telecom for the Replacement of the Municipal Building Fire Alert Panel.  The panel was “fried” in the recent power surge issue that affected a number of areas in the Municipal Building. We spoke with a number of electrical contractors and equipment suppliers. The proposal from Kraft was the lowest and best quote at $10,966.  We will be using the same insurance reserve funds for this “one time” purchase.  Recommend Approval.

  • Ordinance No. 16-10. Vacating a Portion of Morrison Place and Relocating the Remaining Public Right-of-Way of Morrison Place. First Reading. In the packet is a petition from the Leo Brown Group to vacate and relocate a portion of Morrison Place. As we discussed at the September 26th meeting, the developer of the former Kutol Products Site, the Leo Brown Group, has revised their proposed design of the project to now have all of the proposed uses under one building.  This is in response to a request from the City to have available some “community” space in the new facility for Madeira Seniors.  The revised site plan would require the abandonment (vacation) of a portion of Morrison Place. Included with this request is the proposal that the new development will construct a new section of Morrison Place to the west of the existing street (see attached site plan).  I have spoken with Camargo Rental owner, David Murphy, about the new configuration.  He indicated his support for the proposed relocation of the east entrance of Morrison Place because it does not appear to negatively impact access to his business. 

This legislation requires three readings before its passage.  Council may choose to waive all three readings at any point in the process to expedite the process.  The new section of Morrison would be constructed to Madeira Subdivision standards by the developer and then dedicated to the City once it is completed.  In response to a question at the September 14th meeting regarding the potential sale of the property rather than a simple “vacation” of the street, it should be noted that virtually all streets in the City were once privately owned property.  When a property owner subdivided the property, the street(s) were dedicated to the City as part of the subdivision of the surrounding land.  Since the city will no longer be “using” the street, the state law permits the municipality to “vacate” its use back to the property owner. In that regard, the City did not pay anything for the right-of-way or use of the land as a public street, which may be the reason that state law allows the City to “vacate” the right-of-way with no requirement of compensation. It should also be noted that the City is receiving something of value by virtue of the use of space within the new development for Senior Programs. Recommend Approval.


  • Litigation Costs.  City Council requested an update on the cost of the Oppenheimer litigation. Law Director Brian Fox is expected to have the figure for Council on Monday evening. Attached is the Court’s determination and the press release which was published earlier in September.
  • Planning Commission Capital Improvements Report.  The commission met in special session last week to finalize their recommendations to City Council for “capital improvements”.  A copy of the memo is included in the council packet.  We will provide this information to the Budget and Finance Committee and the Public Works Committee as they work through the future capital improvement budget. Council member Hilberg may report on this as he reports on other Planning Commission actions.
  • Street Maintenance Update. Earlier we reported on the crack sealing program that was to be initiated this year.  To date, the Service Department has completed the following streets:
  1. Shawnee Hills Lane
  2. Shawnee Lane
  3. Woodland Reserve
  4. Carriage Hill
  5. Charlesfield Court
  6. Nuevelle Lane
  7. Sycamore Hill
  8. Madeira Pines

We had hoped to do Shawnee Run Road this year as well; unfortunately, we have run out of time given that we need all 6 employees to operate the system and do traffic control on a busy street like this.  We will plan to do this street next year.  We targeted newer pavements to help extend the life of the asphalt by reducing the amount of water that infiltrates the pavement surface.  By reducing the water infiltration, we should be able to extend the life of the pavement by 3-5 years. 

  • Camargo Trail Update.  In response to work being done on Camargo Road to install the sanitary sewer for the new residential development, we have directed the developer to provide a schedule of the remaining work that is needed to complete the public improvements for the site.  We have sent letters with a copy of the schedule to all adjacent residents/property owners to inform them of what else is taking place. Given the disruption that occurs to the adjacent residents for projects like this, we will implement a step in the development process that will require future developers to provide this information to the adjacent residents as part of the contract to do the construction work.  We will have that opportunity to do this with the pending approval of the new development at the end of Windridge Drive.

  • McDonald Commons Tennis/Pickleball Court Update.  The contractor was scheduled to be on site on October 5th.  At the time of this report, they had not yet started; however, I did communicate with them on October 6th and was assured they would begin that day. The courts should be ready for play by Monday, October 10th.

  • Duke Energy Pipeline Update.  We have received word that the Ohio Utility Siting Board has denied Duke’s request to waive any additional public hearing requirements for the project.  As such, I am expecting to hear in the near future the scheduling of another meeting.  I have attached a copy of our motion to intercede prepared by Law Director Brian Fox in this matter. The Fox Hill Neighborhood Association is requesting to use our Council Chambers for a meeting.

  • Waste Collection Bids. We have finished revising the specifications for the next five year contract for waste collection and recycling.  Per City Council’s discussions, we have added to the specs the provision of one large item collection program.  Bids are scheduled to be opened on November 11th.  The contract expires at the end of 2016. The new contract would run from January 1, 2017 through December 31, 2021.

  • Planning Commission Agenda for the meeting on Monday, 10/17/2016:
  • 6037 Johnston Street.  Lot split/consolidation, no variances.
  • 6715 Rose Crest Avenue.  Side yard setback variances and a front yard setback variance to build a new home on a non-conforming lot.
  • 7028 Wallace Avenue.  Side yard setback and lot coverage variance.
  • 7275 Berwood Drive.  Front yard setback variance and a variance for an accessory structure footage.
  • 7271 Jethve Lane.  Front yard setback variance and a lot coverage variance.
  • Pub 81
  • Treetops of Madeira Subdivision.  Approval of preliminary plat.
  • Swing Line Grill Final Development Plan


  • Personnel
  • Pending Litigation
  • Real Estate Sale/Lease