Archive for December 2009

 
 

Where would Jesus park?

Parking lot to the rear of The Unlimited Group building

The Unlimited Group controls parking spaces located to the right of the red car. They will remove the small parking garage in front the red car. Lakewood United Methodist Church controls the surrounding parking lots.

Don’t expect The Unlimited Group (UG) and Lakewood United Methodist Church (LUMC) to exchange Christmas cards anytime soon. The Detroit Rd. neighbors’ relationship has been strained over the last several months due to friction caused by a scramble for parking spots.

Lawyers representing both parties were present at the December 10th meeting of the Architectural Board of Review to discuss UG’s proposed parking lot design. UG owns the former Busch Saxton Parker Family Funeral Home at 15800 Detroit Ave., near the corner of Brockley and Detroit. The building houses a pet supply store, law offices, and soon – The Village Café.

The Village Cafe is Coming Soon

First clash: Unlimited Group threatened church with lawsuit

The two sides first locked horns during the October 15th Board of Zoning Appeals meeting when UG asked for a variance to the law requiring them to have 39 off-street parking spots for their café.

UG’s lawyer Aaron Plasco felt the café could get by with as few as 19 parking slots for several reasons. Speaking in a loud assertive voice, he explained the café was located on a bus line, in a walkable neighborhood, and kept hours that minimally overlapped with those of nearby businesses. In addition, he pointedly noted, UG purchased the building and made substantial renovations after the previous administration assured them there wouldn’t be any zoning issues.

Edward Papp, of the law firm Baker Hostetler, represented LUMC. He said the church had “concern” over UG’s parking plan because it could cause café customers to park in the church-owned lot off of Detroit Rd. He also felt the parking plan might interfere with their use of an easement which connects all LUMC parking lot properties. Papp noted UG sent the church a letter on July 23rd that threatened a lawsuit if they meddled in UG’s efforts to secure off-street parking.

Plasco, who was seated with his legs crossed, shook his foot rapidly in apparent agitation at Papp’s comments. He rose to rebut Papp’s claims. Plasco said LUMC was anticipating “imaginary problems.” Further, he said, the legal threat came only after the church pressured other neighbors to stop negotiating with UG regarding shared use of off-street parking spots. “There comes a point where you have to draw a line,” he said.

“We’re interested in being good neighbors,” Papp replied, but added, “I’m concerned by the tone of what I’m hearing on many levels.”

When the UG building was a funeral home LUMC had an agreement with them, according to Papp, to permit their patrons to utilize church parking lots. When the funeral home left, the arrangement ended. A new agreement could not be reached due to UG’s legal saber rattling, according to Papp.

Plasco said the tone of his comments were irrelevant. He did talk to LUMC about using their parking spots, but “there certainly was a price attached.”

The board unanimously voted to issue a parking spot variance to UG for 19 slots, rather than 39. The small parking area behind UG’s building holds 15 to 16 cars, so the next step was to present a parking lot design plan to the city’s Architectural Board of Review.

This is an aerial view of the parking situation. Detroit Rd. runs along bottom of the picture. Brockley is on the right. The three red x marks denote church parking lots. The green circle is area where UG has to find room for 19 park spaces.

This is an aerial view of the parking situation. Detroit Rd. runs along bottom of the picture. Brockley is on the left. The three red x marks denote church parking lots. The green circle is area where UG has to find room for 19 parking spaces.

Lakewood United Methodist Church a ‘very concerned neighbor’

Wounds between the two sides were still raw at the December 10th meeting of the Architectural Board of Review. UG provided their parking lot design plan to the board, but didn’t share it with LUMC beforehand.

Papp, the church’s lawyer, acknowledged there had been “tension” between the two sides, and said a number of concerns remained. Papp brought along a local architect who elaborated on the issues and described the church as a “very concerned neighbor.”

The architect said some of the parking spots identified in UG’s parking lot design proposal were functionally improbable given the limited amount of available physical space. He requested UG install wheel stops and a landscape buffer between the properties. The architect also noticed UG intended to demolish a small parking garage and worried the resulting grade could cause water drainage problems.

Plasco replied that he didn’t expect the grade to change. He was open to the idea of installing wheel stops, but didn’t believe there was enough room for landscaping. He agreed to give LUMC advance notice of demolition activity, which is expected to take place early next month.

Plasco said the parking design diagram looked a little strange because they were trying to accommodate a handicap parking space. He indicated the plan could be revised, and 19 usable parking spots could be created. Plaso said UG would post a sign on the western side of their building warning patrons not to park on church property.

The board conditionally approved UG’s parking lot design, but wanted a revised drawing. Most importantly, the board requested a pre-work meeting for all the parties involved, so, as one of the board members put it, “everyone can play nice.”

1570 Woodward will be razed

1570 Woodward was never repaired after fire

The board denied Victoria Greenleaf’s appeal of the city’s nuisance designation of her property at 1570 Woodward. The house was never repaired after it experienced severe fire damage on March 24th. Greenleaf tarped off a portion of the charred structure and belatedly covered other parts with plywood.

Fire Marshal Scott Gilman narrated a slide show of more than a dozen interior and exterior photographs that showed catastrophic damage to the attic and second floor. Lakewood Building Inspector Bill Wallwrath said he felt the house should be demolished due to its poor condition and the lack of visible progress.

Greenleaf, who lives in Cleveland Hts., said she intends to raze the house and then rebuild it, but the insurance payout has been very slow. Greenleaf’s business partner mentioned that the matter is being litigated. The duo indicated they have a few demolition estimates and will raze the house in early January.

Aside from the obvious fire damage situation, the city was after Greenleaf for not cleaning up debris outside the house. Prior to the fire, she’d been warned that the house’s garage, which had been demolished, needed to be rebuilt.

Head Housing Honcho Jeff Ashby said the city is concerned because the owner has had only “marginal communication” with the city in the months since the house caught fire. Ashby also said he would welcome signs of a firm commitment from Greenleaf, such as drawings for a new house.

The city can knock the house down in the event Greenleaf doesn’t promptly follow through on her plan. So, one way or another, the house will be bulldozed. It might be rebuilt, but it’s not certain.

Brennan’s Floral Gift Shop wants greenhouse-like building addition

Daniel Brennan submitted plans to add a greenhouse-like structure to his business at 13396 Madison Ave.  It will sit about 18 inches from the sidewalk on Lewis Dr and will be an uninsulated addition without gutters. The drawings weren’t quite detailed enough to receive approval. “We don’t want it to look like a shed, and neither do you,” said one board member. Brennan agreed, and will submit revised plans for review in January or February.

Bailey Building exterior surface in better shape than expected

The Bailey Building project architect said windows would be installed in the upper floors within six to eight weeks. The timeline to install windows and doors at the street level could take longer, possibly 12 to 16 weeks or more. It was suggested that a temporary graphic cover be installed in the meantime to mask the construction.

Click on the image for a larger view

Click on the image for a larger view

Overall, the architect was pleased with the condition of the building’s masonry. It had been hidden beneath pre-cast concrete panels. “I think for the most part it’s been good news,” he said. The architect is going to use a fiberglass product to repair and rebuild a line of stone that runs above the storefronts.

Lakewood Alive Executive Director Mary Anne Crampton praised the architect’s work on the adjoining INA building. “The Panera thing has been transformative,” she said.

City Council meeting recap for Dec. 7, 2009

The December 7, 2009 Lakewood City Council meeting lasted about 50 minutes and was attended by around 15 people, including several cub scouts. See the docket (.PDF).

Ordinance to preserve historically significant interior spaces gets closer look

Council and the Planning Commission have been working on the wording of an ordinance that would protect and preserve historically significant interior spaces. It is expected that this law will be used to prevent the interior of St. James Church from being disassembled by the Catholic Diocese of Cleveland after it is decommissioned.

Technically, the Bishop controls all of the property and can do with it what he pleases. It is not uncommon for stained glass windows, alters, statues, etc. from mothballed buildings to be sold outright or stripped and shipped to churches all over the world for reuse. Many St. James parishioners are eager to preserve the entirety of the structure and prevent it from popping up on ClevelandChurchInventory.org.

The proposed ordinance – which is an expansion of the existing zoning code – is very detailed. Similar ordinances exist in other states and have survived legal challenges. The Plain Dealer reported that the mayor has heard rumblings the diocese might take legal action. Council deferred a final vote so that it could further examine a legal report on the matter authored by the Law Dept.

City forks over $209,590 to Cuyahoga County Board of Health

Council unanimously approved a contract allowing the county to handle most of the city’s health department functions in 2010. It will be the third consecutive year the city has had this arrangement. According to Councilperson Nickie Antonio (At-Large), the contract will be amended to encourage more communication between the city and the county regarding lead abatement issues.

Handgun exchange nets city $40,000

The police department’s current handgun vendor, Glock, agreed to pay the city $40,000 in exchange for their old weapons. As part of the agreement, Glock will furnish the police with brand new replacement guns free of charge. The generous deal was made only after Smith & Wesson offered a similar deal in an effort to gain market share. Glock will refurbish the old weapons and sell them to licensed gun dealers. Police Chief Timothy Mally said the company usually permits officers an opportunity to purchase the trade-ins.

Police want to hook an additional $25 for towing paperwork

Council had the second reading of an ordinance to permit the police department to charge $25 for processing paperwork associated with towed vehicles. The police chief estimated the city expends about that much in personnel hours per tow and is seeking reimbursement. The issue was referred back to the Public Safety Committee for additional review while more information is gathered about how the process works in other cities.

2010 budget ordinances rolling through the process

Council had the second reading of a handful of 2010 budget-related ordinances. The city needs to find a way to trim roughly $1.3 million from the budget, according to Councilperson Michael Summers (Ward 3). The Finance Committee will have a significant budget hearing meeting on Monday, December 14th.

In all likelihood, Council will vote to raise water and sewer rates by about 10%. Rates have been projected to increase considerably over the next 10 years as the city tries to cope with the high cost of complying with federal clean water laws.

On an unrelated note, no matter how badly city services are slashed and how much the mayor cries poor, the money — $35,000 in the current proposal – to fund the annual Fourth of July fireworks event always seems to appear.

Council considers $50,000 economic development loan to T-shirt company

Continuing the self-destructive theme of attracting low-rent old economy businesses to Lakewood, Council had a second reading of an ordinance to permit the city to issue a five-year $50,000 loan to University Tees, Inc, a T-shirt business currently located in Westlake. The financing the city provides will allow University Tees to purchase a new T-shirt press machine. As part of the deal, the company would move to the Lake Erie Screw building and create a minimum of four full-time jobs.

City hopes to create financing tool for solar energy projects

Councilperson Thomas Bullock (Ward 2), along with the mayor, announced the city’s intent to create a tool that will allow commercial and residential property owners to finance solar projects at below market rates. The special assessment financing would appear on the owner’s property bill and could be extended over a period of as long as 25 years. Eligible projects would include solar panels or water heaters, and geothermal installations. More information regarding creation of the Lakewood Solar Special Improvement District will be available in the coming months. Mayor FitzGerald mentioned that people along the Gold Coast purchased 1,500 high-efficiency CFL light bulbs through Lakewood Hardware as part of the city’s efforts to encourage environmentally-friendly activities.

Mayor appoints qualified person to Architectural Board of Review

Carl Orban was appointed by Mayor FitzGerald to the Architectural Board of Review. Orban was a building inspector for the City of Avon, and is currently a consultant in the area of building evaluation and zoning compliance.  The mayor also appointed Renee Mahoney to the Audit Committee. He made absolutely no mention of her qualifications.

Parking ticket collection process will get review

At the request of Mayor FitzGerald, Council will have the Public Safety Committee review the city’s method of parking ticket collection. He suggested the possibility of downgrading parking violations from criminal offenses to civil offenses in an effort to facilitate greater fine collections.

Family to Family System of Care program gets funding

The city accepted $320,385 from the Cuyahoga County Department of Children and Family Services for 2010 funding of the Family to Family System of Care program. The program provides a range of family stabilization services. The city has participated in the program for four years and helped 825 people between January 1st and June 30th of this year.

Downtown Lakewood will get $25,000 RTA bus stop

Running out of interesting landmarks with which to impress out-of-town visitors and relatives? Sometime next year you’ll be able to visit a federally-funded $25,000 RTA bus stop in front of the INA building in Downtown Lakewood. Council gave unanimous approval for the city to accept federal money channeled through RTA “for the identification and installation or design and building of an enhanced transit waiting environment.”

Richland Café liquor license transfer discussion deferred

Council deferred conversation on a liquor license transfer at Richland Café. This is usually done in order to review the police department’s report on the establishment.

Executive session called

Council called executive session at the end of the regular meeting to discuss a fact finding report involving the Lakewood Association of Fire Fighters, IAFF Local 382.

Hells Headbangers eyes expansion to Grace Lutheran Church

Grace Lutheran Church

Hells Headbangers (HH Records), a heavy metal music distribution company based in Medina, is interested in expanding its operations to the Grace Lutheran Church building located next to the Madison Branch of the Lakewood Public Library at 13303 Madison Ave.

The Lakewood Planning Commission met on December 3rd to consider a request to allow HH Records use of the building as an auditorium for music events.

A representative from neighboring Mahall’s 20 Lanes cautioned the committee against approving the proposal. Kurt Brewdigam, who has been affiliated with Mahall’s for 30 years, said the area is ill-suited for such activity. “I’ve seen the neighborhood get worse,” he said. “I’ve seen how terrible the park has become.”

Brewdigam said the concerts he hosted in the past were more trouble than they were worth. He said he had to deal with underage drinking, damage to his facility and noise complaints from surrounding apartments. “I just stopped doing them,” he said. Brewdigam also felt the lack of parking could present a problem. “I just don’t see any upside for the city” in granting the request, he said.

The Planning Commission dismissed the request because no one from HH Records was present to discuss the matter. There weren’t any other items on the docket, so the meeting was adjourned.

Reached the following day, Chase Horval of HH Records explained his absence. He said he arrived at City Hall about 10 minutes after the meeting’s conclusion due to unfamiliarity with the area and poor visibility. Horval maintained his interest in purchasing the building. He and the building’s current owner will be present to clarify the facts of their request at the next scheduled Planning Commission meeting in January.

Horval said the church building would primarily be used as office and warehouse space. He estimated there would be one concert per month for an audience of between 50 and 100 people. The live bands would play in the basement of building, which is currently a cafeteria.

Horval emphasized he wants to be a good neighbor, and is working with a technician who specializes in soundproofing churches. If the situation in Lakewood doesn’t work out, he said, the back-up plan is to locate in a warehouse somewhere else.

State finds city jail facilities need an update

An assessment of Lakewood’s city jail performed by the Ohio Department of Rehabilitation and Correction’s Bureau of Adult Detention found that the facility could use an update. The report, however, did not strongly suggest the need to build a brand new facility. (Read report .PDF)

Early last year Mayor Edward O. FitzGerald publicly acknowledged a serious interest in the possibility of constructing a new jail on Berea Rd. He felt such a  facility could serve as revenue generator for the city. In addition to housing the city’s prisoners, it could also hold the lucrative low-risk overflow jail populations of neighboring communities.

Here are the findings and recommendations from the state’s assessment:


R1: Due to population reductions in the city and ultimately the jail, expansions efforts should be based upon future trends.

Based upon data presented in this report, population declines are evident in the overall population of the City of Lakewood in addition to the jail. This trend is not unusual and should be taken into consideration before expansion efforts are initiated for jail expansion. Evaluation of court case filings has also shown a downward trend from CY2006 (8,625) to CY2007 (7,660) with a higher estimation in CY2008 (8,984). This information, coupled with the current economic climate, would tend to suggest a lower than expected need for jail beds for the city of Lakewood when compared to the overall population.

R2: Recent justice-related changes in Cuyahoga County have increased efficiencies to the extent that jail overpopulation issues have been mitigated.

As a result of coordinated efforts within Cuyahoga County’s criminal justice system, jail populations continue to decline which has resulted in the increase of offenders accepted from local jurisdictions. There is a cost associated with housing offenders in the county jail for longer sentences, however, the majority of this is attributed to the limited 12-day classification of the current jail. A deeper analysis of the type of offenders being housed at other jurisdictions should be done to determine if diversion would be a better and less expensive option.

R3: There are limited space options when over-population occurs.

High volumes of arrests result in operational stress due to the lack of beds or immediate release/transfer options. To alleviate this burden, options such as revised bond guidelines or jail case management agreements (emergency release measures) could be imposed.

R4: There is a need for modifications and updating in the housing area of the jail.

As this report indicates in the capital assessment section, there is a need to make alterations in the housing unit in addition to the need to provide a general update of the facilities. These improvements could result in a limited number of additional beds and improved management efficiencies in the jail area.

R5: The average length of stay for offenders is well below the allowable 12-day limit classification of the jail.

Assessment of the average length of stay by offenders reveals constant turnover, well below the 12-day limit that classifies the jail. Overall, this reflects positively on the expediency of the local justice system, yet creates a scenario that the jail is not being maximized for 12-day or under sentences.

Looking for trouble?  Skyview Manor is the place to find it

Over the last month or so, Skyview Manor at 1510 Newman Ave. has drawn a growing amount of police attention. The apex of bad news for the East End apartment complex occurred in apt. 407 on November 11th at 10:40 p.m., when a female was arrested for disorderly conduct and felonious assault after stabbing a male.

Skyview Manor

One might assume things would calm down after an awful incident like that.  It has not been so. Police were there  eight times in the last week. At this rate, Ward 4 Councilperson Mary Louise Madigan may have to climb to the top of her tower and turn on the Batman spotlight.

11/25 – 1:49 a.m. Disturbance – noise
Apt. 309. Parties being loud and possible drug use. Resident advised of complaint.

11/25 – 2:41 a.m. Disturbance
Apt. 211. Male and female arguing. Male was sleeping and no one was in the apartment. Advised.

11/28 – 8:06 p.m. Disturbance
Apt. 207. Female wants to leave and male won’t let her. Parties advised.  Female will stay and get some sleep.

11/28 – 4:19 p.m. Disturbance
A male called 911 and stated that he was trying to pack-up his belongings and his roommate kept touching his stuff and would not stop. Two ex-boyfriends not getting along. One is packing up his belongings and leaving.

11/28 – 4:59 p.m. Disturbance
Caller stated her 11-year-old son is being disrespectful by stomping around the apartment and yelling and screaming and she’s unable to control him. Verbal between mom and son.

11/28 – 6:25 p.m. Disturbance
States her child’s father is bothering her and she wants to leave with their daughter and go to a shelter. Female is not allowed per the courts to take her daughter and has to be supervised at all times. Spoke to both parties and the female seemed to be more of a problem than the male did.

Spoke with the county and the safety plan is no longer in effect. Mom can leave with the child if she wants. An attempt was made to have mom stay there with the child, but it’s unknown if she will. Both parties were advised to their case workers on Monday.

11/29 – 11:30 p.m. Disturbance
Apt. 408. Mother and daughter were fighting. Argument over rules. Both were advised

11/30 – 8:02 p.m. Disturbance
Check the welfare of a female in apt. 311. Her father is receiving texts from her stating her boyfriend is holding her against her will and that she needs help. He is not sure where she is, but told CPD she is somewhere in Lakewood. Listed address is the last one found for and her boyfriend.

Spoke with the female privately and she states there are no problems there. She states her father does not like her boyfriend. Checked her phone. There were no messages indicating what the father reported.

And speaking of Batman spotlights….

Lakewood’s Safety Director and Mayor Edward O. FitzGerald along with the city’s blockwatch groups are promoting a Light the Night campaign. Basically, they’re encouraging people to leave their porch lights on at night in an effort to discourage criminal activity.

Lakewood Light Up the Night

It might not decrease the number of stolen cars (six in the last week — mostly around the Gold Coast), but could discourage a burglary (five in the last week) or two and make it more difficult to commit armed robbery (see below). It would be nice to see these blockwatch groups make greater demands on the city by insisting they post a regularly updated police blotter online. Crime prevention is half of the battle. It’s difficult for citizens to be proactive when they don’t really know what’s going on, although certain politicians clearly prefer it that way.

14547 Madison
11/25 – 10:11 p.m.  – Robbery
Male states he was robbed about an hour ago in his apartment. States he believes he may have been set-up by a friend that was at this house. Friend went out to use his cellphone and a couple of minutes later after he came back three males in masks — two carrying guns — came into the apartment and took his and his friend’s cell phones and all of their money. Male states his friend knew he had over $1,000 in the apartment because he was going to use it for shopping this Friday. (The crime calendar has been updated.)