Private roadway in Lorain could turn public, with engineering study moving to full council

LORAIN — The city is looking at engineering needs to take over a private roadway and assess condominiums for the necessary repairs. Council's Streets and Utilities committee met Monday evening to discuss if the engineering department should investigate construction costs and property assessments to rehab a private drive turned public if nearby property owners agree. The roadway in question is a subset of Oak Hill Boulevard, with 30 townhouse units set back from the main road. "They were having an issue of trying to keep up with some of the maintenance on their private roadway," explained Josh Thornsberry, D-Ward 8." At that point in time they were very interested in seeking to make their roadway a public roadway by what's known as assessment." Those units' residents would be assessed on their taxes for any work done by the city to bring the drive up to code. Those residents brought in a plumber, Thornsberry said, to confirm what utilities are under that road — which would come under the city's purview if it becomes a public roadway. No sanitary sewer lines run under the drive, but there are water laterals and a small section of storm sewer, according to city engineer Dale Vandersommen. The sanitary sewer runs around the perimeter of the houses not under the roadway. He said residents are willing to indemnify the city of any additional responsibilities with utility lines. Assistant Law Director Ken Resar said normally 60 percent of abutting land owners would have to approve an assessment like this, but based on the condominium association agreement it must be a unanimous vote. One concern among council members was the precedent it could set. Vandersommen said the route those owners were taking is expensive — bringing the road up to city specifications is more costly than a private drive being resurfaced every few years. If approved, he said the maintenance on the city's end would be no different than a subdivision. As the item moved out of committee and to full Council next Tuesday, Thornsberry noted it commits the city to nothing more than investigating the issue from an engineering standpoint. Public hearing Traffic on Leavitt Road could be a sticking point for rezoning a stretch of property, as residents and Council members voiced concerns during a public hearing Monday evening. Planning Commission narrowly approved the rezoning of 5109 to 5153 Leavitt Road from R-1 to B-1 at its meeting last month. The issue had a public hearing Monday evening. Applicant John Reyes, with Star Builders, said the property could include office or retail space. The same company developed property just south, across from the Meijer and had a traffic study done. That study suggested putting the exit as far north as possible to help alleviate congestion. The proposed project will not require additional traffic signals, Reyes said. For residents off Eastman Drive — next to the proposed development — traffic is already an issue. Beverly Hall said drivers go 50 mph in the area, and it is almost safer for her and her teenage children to turn right out of their roadway and turnaround farther down the street than make the left onto Leavitt Road. Mayor Jack Bradley said he has been talking to Lorain Police and looking to bring the Ohio Highway Patrol back into the city. State patrol wants a letter from every city in the state stating they want patrols in their city, Bradley said. He said since Ohio Highway Patrol pulled out in April, the number of impaired drivers in municipal court has gone down, as Lorain officers have "some very big things to take care of." Mary Springowski disagreed on bringing back Ohio Highway Patrol, opting instead to hire more police officers to increase traffic enforcement and keep any revenues in the city. The matter unanimously moved to full Council. Moral claim An elderly woman could receive $1,800 from the city after Lorain police broke her door down during a welfare check. In August, Barbara Watson's neighbors contacted Lorain police after not seeing the woman or her dog outside like normal. Officers came to her house and through the window could see dog feces on the carpet and there was no answer when they knocked on the door and no one under Watson's name had been admitted to local hospitals. After checking with their commander, the officers broke down Watson's door, only to find she was not home. Watson explained to Council that she was gone for a family reunion and her stepdaughter was supposed to let the dog out. She came home from her trip to find her door broken and reported it as a break-in. After contacting her insurance, she initially filed a damage claim with the city, which was denied as Lorain police acted within the law. She then filed a moral claim for the damage, as she is on a fixed income and cannot afford her insurance deductible to get the door fixed. Moral claims are up to Council to approve on a case-by-case basis. Bradley said the police did the right thing in the moment, and recommended Council grant Watson's claim. "When you have a moral claim, you're thinking from your heart," he said. Several council members agreed, and the issue moved unanimously to full Council. City Council's next regular meeting is 6 p.m. Jan. 21. City Hall is closed Jan. 20 for Martin Luther King Jr. Day. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com. Follow her on Twitter @CWoytach.