Lakewood Buzz Urges City Council to Vote "No"
 on Proposed West End Development Agreement

Give credit to Lakewood Schools.  The Lakewood School District recognized the risk inherent in the West End development proposal to have an adverse impact on its finances, so the School Board approved a written agreement with the Cain Administration that will keep the District financially whole.  We applaud the School Board for insisting on a safety net for our schools.  The Ohio Education Association studied TIFs and then this year warned school systems about the risks of TIFs and tax deferrals for developments.  The School Board was smart to cut a deal on the West End.  But the City’s offer to the schools also puts Lakewood residents further on the hook for tax subsidies, maybe increases.  Unfortunately, neither Mayor Cain nor the developer will give such hold harmless guarantees to Lakewood taxpayers for the next 30 years.

Legal Liability was Expected.  Early on, the Cain Administration began retaining outside law firms to assist with the Shops at West End development.  At last count, there are three well-paid firms working at taxpayer expense.  The latest law firm, hired for its eminent domain expertise, is paid about $190 per hour according to the Plain Dealer.  The Administration clearly knew that in threatening to take homes by eminent domain some of Lakewood’s homeowners would exercise their rights to due process of the law to protect their homes.  The Institute for Justice, a nonprofit legal advocacy group, intends to represent Lakewood residents for free, pro bono.  In effect, Lakewood taxpayers will be paying law firms to fight other Lakewood taxpayers in local, state and perhaps federal courts for months, maybe years to come.  This likelihood was forecast, and we question the wisdom of an Administration that takes up legal arms against fellow residents and that is so willing to take on the liability of high cost and risk in litigating eminent domain... on behalf of a private development.

Tax Base & Quality of Life.  We watched NBC’s “Fleecing of America” that featured Lakewood’s West End controversy.  In the nationwide news broadcast, Mayor Cain chose her words carefully to make her best case defending the developer’s proposal, when she said,  “That is the bottom line, is tax base.  But this is also about quality of life.”

On tax base:  There are no guarantees from Mayor Cain or the developer for Lakewood’s taxpayers that the tax base will improve short or long term.  Only certain law firm retainers and fees are guaranteed.  The Shaker Square redevelopment by the same developer raises valid concerns.  We rest assured that Shaker Square’s success and tax benefits were confidently promised by the developer and those city officials. Two years later, Shaker Square is at great risk of failing and becoming a waste of taxpayer subsidies.  Today, the developer explains why Shaker has fallen short and why retailers have been leaving that project.  Oh…

On quality of life in Lakewood:  Displacing up to 1,000 of our middle-class neighbors for a private upscale retail development flies in the face of the sense of community, economic diversity and quality of life that are Lakewood’s hallmarks.  It doesn’t make sense in “The City of Homes.”  The Lakewood Christian Service Center is on record as saying that there isn’t enough affordable housing in Lakewood to absorb those who will have to leave the West End, if this development goes forward.  Our street banners proclaim “Lakewood, A Great Place to Call Home.”  Unless you live on streets wanted by a developer?

Safety Nets.  The School District has a safety net supported by taxpayers.  The developer has a safety net supported by taxpayers.  But Lakewood’s taxpayers don’t have a safety net.  We have only promises from a mayor who has tied her re-election campaign to this development and for whom it is now impossible to reconsider her support.  Lakewood taxpayers also have forecasts from the same developer who is trying to hold Shaker Square together, while that development’s retailers leave, close or downsize.  We think Lakewood residents deserve more than carefully crafted sound-bites and predictions for which ultimately there is no accountability five, 10 or 30 years from now.  In the year 2033, the truth is most Administration officials will have moved on or retired.

Editorial Conclusion.  We agree with the Lakewood Sun Post editors who wrote in their editorial:  “We urge City Council not to take the chance on this development.”  We also agree with senior journalist, WCLV news director and Lakewood resident Hugh Danaceau when he cites a real estate maxim:  “Never, never do a real estate deal based on tax advantages.  The deal should make economic sense on its own.”

We agree that the deal before Council does not make enough sense for our community.  Lakewood Buzz urges Lakewood City Council members to vote "No" on the Shops at West End agreement placed before them tonight.

 

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Below is more than one year of updates on this controversial issue and the docket for tonight's Council meeting...

Update 5/16/03:  This Monday, May 19th at 7:30 p.m., the seven members of Lakewood City Council will either approve or disapprove the Cain Administration-developer agreement.  Five votes are required to approve.  Lakewood residents and business owners wishing to inform their elected representatives of their views for or against the proposed West End retail development may call the City Council Office (529-6055) or the Mayor's Office (529-6600).  Here is the part of the official agenda for Monday's City Council meeting, as it relates to this important issue in our community and the vote by Council members:

DOCKET OF A MEETING OF
THE LAKEWOOD CITY COUNCIL
TO BE HELD IN THE COUNCIL CHAMBERS
MUNICIPAL BUILDING - 12650 DETROIT AVENUE
MAY 19, 2003 - 7:30 P.M.

SECTION 121.08 of the Codified Ordinances of the City of Lakewood establishes rules for the public to follow when speaking before Council.

ADDRESSING COUNCIL -The President may recognize any non-member for addressing Council on any question then pending, (Agenda Item Sign-In Sheet is at the door) or on any matter on which Council action is desired. In such cases, the person recognized shall address the chair, state his or her name and address and the subject matter he or she desires to discuss. Remarks must be confined to the merits of the subject at issue. Speakers must be courteous in their language and avoid personalities. Except with permission of Council specifically given, speakers shall be limited to five minutes. No person who has had the floor shall again be recognized until all others desiring an opportunity to speak have been given an opportunity to do so.

PUBLIC COMMENT/NON-AGENDA ITEMS - Any person desiring to address the Council during the Public Comment period for non-agenda items is requested to write their name, address and TOPIC on the Public Comment sign-in sheet and follow the same rules of decorum as outlined above.

1. Pledge of Allegiance
2. Moment of Silence
3. Roll Call
4. Reading and Disposal of the Minutes of the Regular Meeting of Council held 5/5/03.
5. Public Comment/Miscellaneous Business (Introduced without objection and if name, address and TOPIC are listed on "Public Comment" sign in sheet)
Reports, Legislation and communications from Members of Council, the Mayor and other City Officials.

1. Committee of the Whole Verbal Report regarding Agreement with School District relating to the West End Development - Ordinance No. 37-03.

2. ORDINANCE NO. 37-03 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into an agreement with the Lakewood City School District regarding sharing with the School District of tax revenue and service payments received by the City under a proposed Development Agreement relating to the West End Redevelopment Area and waiving the School District's right to a forty-five (45) business day notice of such agreement. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/21/03, 2Nd READING 5/5/03). (Pg. 5)

3. Committee of the Whole Verbal Report regarding Development Agreement relating to the West End Redevelopment Area - Ordinance 38-03.

4. ORDINANCE 38-03 - AN EMERGENCY ORDINANCE authorizing the Mayor or her designee to enter into a Development Agreement relating to the West End Redevelopment Area and declaring improvements to certain parcels of real property to be a public purpose as outlined in section 725.02 of the Ohio Revised Code; requiring the owners of those parcels to make urban renewal service payments in lieu of taxes; establishing a tax incentive review council; and authorizing the execution of various contracts, certifications and other documents related thereto. (PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 4/21/03, 2nd READING 5/5/03). (Pg. 7).

Updates 5/12 & 5/15/03:  The Lakewood Sun Post reported in its 5/01 issue that "NBC Nightly News as part of its regular feature on the news program called The Fleecing of America" will examine Lakewood's West End controversy Monday, May 19th.  Lakewood Buzz learned today that the program will instead air tonight, Thursday, May 15th, beginning at 6:30 p.m. after the local 6 p.m. news on WKYC-TV.

In the same Sun issue, the newspaper published its editorial titled "End the West End."  Columnist Hugh Danaceau also voiced opposition to the current proposal in this issue.  The paper also examined the status of the West End developer's Shops at Shaker Square project.  The following 5/08 issue of the Sun carried several letters enthusiastically supporting the developer's West End proposal and taking the newspaper to task because of its editorial against the current proposal. 

Lakewood Buzz has agreed to moderate a debate on the possible use of Eminent Domain in Lakewood's West End. This issue has become controversial because of the proposed West End Development. Here are details...

When: Thursday, May 15th, starting at 7 p.m.

Where: Lakewood Women’s Pavilion in Lakewood Park, at Lake and Belle Ave.

Participants: Dana Berliner from the Institute for Justice in Washington D.C. will debate against the possible use of eminent domain in Lakewood's West End.  Mayor Cain and her Administration were invited to participate in the debate but have declined.  Yesterday, Edward Hill from Cleveland State University's Maxine Goodman Levin College of Urban Affairs, has agreed to debate Berliner.  Lakewood Buzz founder and editor Steve FitzGerald will moderate.

This debate will be an opportunity to hear both sides of this issue and to better understand how it may impact our community for better or worse.  It should provide Lakewood residents and businesses with expert information to decide for themselves. The debate is free and open to the public.

To join in the current online Community Forum discussion about this topic or to read brief biographies of the debate's two participants click here.

Update 4/28/03:  Lakewood City Council will meet tomorrow Tuesday, April 29th at 6 p.m. to discuss critical components of Mayor Cain's and the developers' West End proposal.  The public meeting will be held in the second-floor Auditorium at Lakewood City Hall, 12650 Detroit Ave.  Residents fear that the Cain Administration will use eminent domain to take their homes.

According to Council President Robert Seelie, these two items are on tomorrow's meeting agenda:

1. ORDINANCE NO. 37-03 - authorizing Mayor or designee to enter into an agreement with the School District regarding sharing tax revenue and service payments received by the City under a proposed Development Agreement relating to the West End Redevelopment Area and waiving the School District's right to a forty-five (45) business day notice of such agreement. (1st Reading 4/21/03)

2. Communication from Planning and Development Director Pietravoia regarding West End Revitalization Project Development Agreement and ORDINANCE 38-03 - authorizing Mayor or her designees to enter into a Development Agreement relating to the West End Redevelopment Area and declaring improvements to certain parcels of real property to be a public purpose as outlined in section 725.02 of the Ohio Revised Code; requiring the owners of those parcels to make urban renewal service payments in lieu of taxes; establishing a tax incentive review council; and authorizing the execution of various contracts, certifications and other documents related thereto. (1st Reading 4/21/03).

Today's Plain Dealer reported that Lakewood residents fearing eminent domain proceedings will be assisted by attorneys who are donating their services.  The PD also reported that Mayor Cain has added another law firm to help her administration's legal team, at the rate of about $190 per hour says the PD.  To read today's article written by PD Reporter V. David Sartin click here.

Here are previous updates on this now year-long controversy that is pitting private developers and the Cain Administration against some Lakewood residents and small businesses...

Update 4/25/03:  Both the Plain Dealer and the Lakewood Sun Post assigned reporters to the 4/21 march and meeting at Lakewood City Hall.  Residents turned out in large numbers to debate with City officials the merits of the CenterPoint-Jeffrey Anderson proposed development.  The private developers' proposal has the full backing of Mayor Madeline Cain and her administration, in spite of concerns for about 1,000 residents and small business owners in the West End.

Journalists for both papers referenced residents' concerns over the City's recent "blight" designation of the West End neighborhood.  The threat of eminent domain proceedings by the Cain Administration to acquire residents' properties for developers' use was also reported.  In Lakewood Buzz's current online poll, with more than 675 votes in, only about 16% believe that Lakewood's West End is blighted.  To vote Yes or No in the blight survey, go the Buzz's homepage by clicking here.

The Plain Dealer story titled West End reports distorted, residents say was written by PD Reporter V. David Sartin.  Click here to read Sartin's 4/22/03 news report.

The weekly Lakewood Sun Post published its report in titled Area’s ‘blight’ draws flak. This report was written by Sun Staff Writer John Stebbins.  Click here and search Western Suburbs to read Stebbins' 4/24/03 news report.

 

Update 4/20/03:  This past week, emails were sent out by West End (aka "Scenic Park") residents and business owners to other Lakewood residents and businesses.  The first email invites Lakewood residents to march at City Hall tomorrow night, Monday, April 21st:  

"Please join us and rally around your neighbors to help prevent Eminent Domain in Scenic Park.  Where: The Steps of City Hall. When: April 21, 2003, 6:00 p.m., before the City Council Meeting where the first reading for the West End Development Agreement will be heard."

The second email invites residents to view a film about eminent domain later this week:

"We would like to invite you to a free screening of the Castle. It is a comedy about Eminent Domain, which has become a cult classic in Australia. With the increased abuse of the Eminent Domain laws in the United States, this movie is becoming a classic here as well.

"We hope that you will come and join us so that you can become better informed about what the people from Scenic Park have been enduring for the last year or so.

"Members of the Castle Coalition and the Institute for Justice, who have been fighting eminent domain abuses, like ours, throughout the United States will be here to answer your questions after the movie.

"Date: Thursday, April 24, 2003
Time: 7:00 p.m.
Place: Woman's Pavilion at Lakewood Park

"To read a review of the movie which is rated R for language see: http://www.iten.net/movie_review/comedy/99the_castle.htm"

As part of its grassroots information campaign about the West End proposal and eminent domain, the group recently set up its own website:  http://www.scenic-park.org/.  The group also distributed flyers this past month to Lakewood residents and businesses.  Here is an excerpt from the flyer that encourages citizen involvement:

"If Lakewood bureaucrats can manufacture reasons to take our homes and businesses, they can find a way to take yours too.  Would you want your home condemned by the city for lacking the 'modern amenities' of new construction?  What will happen to your charming home or business if it doesn't fit in with the new high end condo/retail development?  You can help us put a stop to this abuse of the eminent domain law, by attending City council meetings the first and third Monday of every month at 7:30 p.m. at Lakewood's City Hall Auditorium.  Or by calling your council member today."

Update 12/21/02:  A participant in Lakewood Buzz's online "Community Forum" has provided a map of one or more of the West End developments, and asked that we share it.

"Here is a map of the proposed Center Point plan.  The planning department gave me this 'to go' copy of the map when I was visiting city hall.  The bridge at the bottom of the map is the Detroit Rocky River bridge.  The circle in the center of the map is a proposed traffic circle on Detroit. I have not scanned in the 'west end reality' map, as it appears to not really be reality.  Council confirmed that 39 of the 51 houses had signed options, the map showed much less. There are a number of slides and like the attached map the legibility is poor (as are the originals)."

It appears from the most recent concept map provided by Mayor Cain's Administration that the retail development has changed from an original mall concept shown on a map analyzed by the Buzz back in March of 2002.  However, the Buzz's editorial conclusion remains unchanged with many questions still unanswered (scroll down this page to read the editorial).

Lakewood residents continue to share their information and opinions in the online forum on this important topic that has tax and economic implications for all residents and will require an estimated 1,000 West End neighbors to relocate.  For more information and diverse points of view on the latest development concept, just click on the smiling bee below.