City, Shamrock developer at odds

City leaders seek to enforce payment for Diamond Centre Drive widening

Diamond Centre Drive in Mentor once again is at the center of a debate between the city and a developer across its eastern border.

This week, City Council authorized Law Director Richard Hennig to file a response in Lake County Common Pleas Court regarding a disagreement with Shamrock Business Center Ltd. over who pays for widening Diamond Centre.

A 2008 agreement and judgment entry between the parties called for Shamrock to cover the cost of adding a third westbound lane on Diamond Centre at the approach to Heisley Road.

Since 2015, the city has sought to enforce that decree. However, Shamrock and Painesville City attorneys recently filed a revised proposal asking the city to pay for it.

Shamrock maintains that the development isn’t as profitable as anticipated and it can no longer afford the expense.

“Two choices exist and the decision needs to be made now.”

— Mentor Law Director Richard Hennig

“Instead of accepting the responsibility, Shamrock seeks to avoid the obligation by asking for relief from the order while simultaneously suggesting the order be modified by agreement so that the obligation becomes that of Mentor,” Hennig wrote in a March 7 letter to Shamrock and Painesville lawyers.

He went on to say that the estimated cost of the turn lane was $393,000, including design and construction management, but that the city recently learned that moving utility lines may add another $400,000.

“Neither of the existing agreed judgment entries calls for Mentor to expend its own funds for the third lane or for any other construction related to the development,” the letter says.

He said Shamrock representatives admitted that the request was in error in preparing the Jan. 31 proposed amendment to the agreement but still only offered to pay 19 percent of the third lane cost.

The proposed entry also seeks a fourth westbound lane — with the city paying 81 percent — on Diamond Centre to meet demand from future development equaling 300 more units. However, the city sees it as solely benefitting the developer and potentially hindering access to the existing Burger King.

“Shamrock has constructed 600 residential units within Painesville, but balks at fulfilling its obligations to Mentor,” Hennig said.

“Consequently, the Council has lost confidence that Shamrock will fulfill any obligation going forward regarding the timely payment of money to the city of Mentor for roadway construction Mentor undertakes on behalf of Shamrock.”

The Mentor administration is in the process of designing an improvement to Diamond Centre in conjunction with construction of a Menards store. The project is to extend the existing westbound right-turn lane back to Emerald Court at Menards’ expense, and the third westbound lane is being added by Mentor at its expense until the city can recover the cost from Shamrock.

“Two choices exist and the decision needs to be made now,” Hennig said. “The first choice is that the Shamrock Business Center can decide to pay the cash to the city of Mentor for the four westbound lane widening of Diamond Centre Drive. … The second choice is that the Shamrock Business Center and Painesville can elect to close Painesville access to Mentor at the Diamond Centre Drive border of the two communities. … This will separate traffic from the two communities and relieve Shamrock of an $800,000 expense.”

Design work for the Menards-related roadway improvements will be suspended for one week while Shamrock and Painesville consider their next move. If neither option laid out by the city is pursued, Mentor will withdraw both offers, the letter said.

Attempts to reach Shamrock and city of Painesville lawyers Sheldon Berns and Joseph Gurley were unsuccessful.

Mentor Councilman at large Ray Kirchner has seen the debate related to the Diamond Centre access since it began a couple of decades ago.

“I feel very strongly this is a good plan moving forward,” he said at the March 6 meeting.