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MINUTES OF THE REGULAR MEETING OF THE AVON LAKE MUNICIPAL COUNCIL SEPTEMBER 8, 2025 The regular meeting of the Avon Lake City Council was called to order on September 8, 2025, at 7 p.m. in the Council Chamber with Council President Fenderbosch presiding. Mr. Shahmir led Council, staff, and the public in the Pledge of Allegiance. Present: Councilmembers Zach Arnold, Jennifer Fenderbosch, Amy Gentry, Rob Shahmir, Geoff Smith, and K. C. Zuber; Mayor Mark Spaetzel; Law Director Gary Ebert; Finance Director Beth Krosse; Public Works Director Jon Liskovec; and Clerk of Council Valerie Rosmarin. Also Present: State Representative Joe Miller, District 53 Absent: Councilmember David Kos. APPROVAL OF MINUTES The minutes of the regular Council Meetings held on August 25, 2025, were approved as prepared and published. PROCLAMATIONS Mayor Spaetzel issued a proclamation recognizing the 90th anniversary of Klingshirn Winery and honoring the three generations of the Klingshirn family for their lasting contributions to Avon Lake. State Representative Miller, on behalf of his office and jointly signed by the Ohio House Speaker Matt Huffman, presented the Klingshirn Family with a proclamation in honor of the 90th anniversary of Klingshirn Winery. RESOLUTION OF RECOGNITION Resolution No. 25-144, A RESOLUTION RECOGNIZING THE 90TH ANNIVERSARY OF KLINGSHIRN WINERY AND HONORING THE KLINGSHIRN FAMILY FOR THEIR GENERATIONAL CONTRIBUTIONS TO THE COMMUNITY OF AVON LAKE, was read in its entirety. Mr. Zuber moved for suspension of the rule requiring three readings. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. September 8, 2025, Council Meeting 2 Mr. Zuber moved for passage of Resolution No. 25-144. This legislation will be adopted to commemorate the 90th Anniversary of Klingshirn Winery and to honor the Klingshirn Family for their multi-generational contributions to Avon Lake. It highlights the family's history dating back to 1845, their agricultural and civic accomplishments, and their leadership within Ohio’s wine industry. It further acknowledges their enduring commitment to innovation, sustainability, and community service, and celebrates the winery’s legacy as a symbol of family enterprise and local pride. Mr. Zuber stated that he has known the Klingshirn Family for many years and acknowledged their deep roots in Avon and Avon Lake. He noted their contributions to the community, including their role in the industrial development of Avon Lake through the development of Pin Oak Parkway and B.F. Goodrich, and commended them for their lasting impact. Council President Fenderbosch stated that the celebration recognizes not only Klingshirn Winery but also the Klingshirn Family’s dedication to community service. She highlighted Lee Klingshirn’s involvement with the scouting program and Eagle Scouts, and the family’s role in founding two Catholic parishes in the community. She praised their commitment to service, sustainability, and agriculture, noting they serve as an example to others. Tony Tomanek, President of Avon Lake Historical Society, remarked that grapes have been an integral part of Avon Lake’s history, and through three generations: Albert with his pioneering start and vision for growth, Allan with his continued expansion and leadership, and Lee with his training and dedication, the family has shaped Klingshirn Winery into a proud and lasting legacy. This Resolution honors not only the business and the family but also the tradition, the community, and the spirit that made this legacy possible. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Resolution No. 25-144 adopted. PUBLIC INPUT 1. Gerald Phillips, Avon Lake, suggested that Council consider the following: Tax Increment Financing (TIF) proposal with Avon Lake Environmental Redevelopment Group (ALERG). Under Option No. 1, the TIF would divert $60 million away from the school district, with $15 million used by the City to purchase property, $15 million for improvements, and $30 million directed to ALERG. In that scenario, the schools would lose $60 million. Option No. 2, the City could rezone the property under Codified Ordinance Section 1218, which would require ALERG to provide at least 20 acres for development without the September 8, 2025, Council Meeting 3 City purchasing the land or making improvements, thereby avoiding the $60 million loss to the schools. Mr. Phillips also addressed the Central Lake Erie Regional Water Reclamation District (CLERWTR) proposal with Avon Lake Regional Water (ALRW). Option 1 would establish CLERWTR with governance divided equally between ALRW, Lorain County Rural Wastewater District (LORCO), and Lorain County. ALRW would contribute $95 million in assets and be responsible for funding the initial cash flow. At the same time, loan payments and capital improvements could significantly reduce returns, leaving the City with little or no financial benefit and only 481 new customers. He further noted that ALRW would assume 82% of the $32 million debt service, while LORCO and Lorain County, which hold minimal or no assets, would contribute smaller shares. Option No. 2 would maintain ALRW as an independent, profitable utility under full City control, continuing existing service contracts while retaining its assets. He emphasized that ALRW generated $2.9 million in cash flow in 2023 and is projected to maintain positive returns. Mr. Phillips concluded by encouraging residents to share their preferences with their Council representatives. 2. William Zimmerman, Avon Lake, expressed opposition to the CLERWTR proposal, urging the City to retain control of ALRW and consider offering contracts to neighboring municipalities to generate revenue. He referenced concerns about limited capital funding raised at the recent Finance Committee meeting. He also questioned the lack of public information regarding Fire Chief Jeremy Betsa’s administrative leave since August 15, 2025, citing concerns about transparency and leadership within the Administration. Additionally, he voiced opposition to the installation of Flock cameras at City entrances, citing potential violations of Fourth Amendment rights and referencing a related lawsuit in Norfolk, Virginia. He expressed concern about data retention and possible misuse of the technology. MAYOR’S REPORT Mayor Spaetzel reported on the following: 1. Avon Lake Play Space (ALPS) major playground equipment was installed last week. Site work continues, including the loop path, and the poured-in-place playground surface is being prepared. Additional equipment is expected to arrive soon. The project is ahead of schedule. 2. Walker Road Rehabilitation Phase 5 Project continues and will take approximately 60 days. Traffic is limited to westbound only. 3. Upcoming Events: Community Shred Day - Saturday, September 13, 2025, 9 a.m. to noon. Boo by the Woods Ticket Sales - Wednesday, September 17, 2025. September 8, 2025, Council Meeting 4 Big Trucks - Saturday, September 20, 2025, 10 a.m. to 2 p.m. Homecoming Parade - Saturday, September 27, 2025, beginning at 10:30 a.m., followed by the Fall Fest at Bleser Park until 1 p.m. Trick-or-Treat - Friday, October 31, 2025, 6 p.m. to 7:30 p.m. 4. The Communications & Technology Department won a Philo T. Farnsworth Award, which is given to public government stations. The City was a finalist for last year’s Homecoming Parade video, and Lucas Hricko won in the Arts and Culture Events category for the Summer Concert video. 5. Avon Lake beat Avon in the Wellness Challenge for the fifth straight year. This competition is sponsored by University Hospitals and held at the Avon Health Center. 6. Ryan Smarsh and 16 members of Christ Evangelical Lutheran Church spent last Saturday cleaning up the beach at Veterans Memorial Park. Their efforts were appreciated by the Mayor and City staff. COUNCIL PRESIDENT’S REPORT Council President Fenderbosch reported on the following: 1. Work Sessions on the 2026 Budget will be held from 8 a.m. to noon on Saturdays, October 11, November 8, and November 15, 2025, in the Council Chamber. 2. The 2026 Budget will be presented for readings on Monday, November 24, 2025; December 8, 2025; and December 15, 2025. 3. A Work Session with the Boards and Commissions Structure Review Ad Hoc Committee, followed by a Collective Committee Meeting, is Monday, September 15, 2025, at 7 p.m. in the Council Chamber. 4. The next regular Council Meeting is Monday, September 22, 2025, at 7 p.m. in the Council Chamber. 5. Curb Bros is a business in the City operated by a group of teenagers, who will paint a resident’s house numbers on the front curb to help guide emergency personnel when attempting to locate an address during an emergency. 6. Council has been tasked with completing a spreadsheet that identifies the hours each member spends on committees they chair and participate in. The information gathered will be reviewed, and, if necessary, changes within the committee’s responsibilities will be considered. September 8, 2025, Council Meeting 5 PUBLIC WORKS DIRECTOR’S REPORT Public Works Director Liskovec reported on the following: 1. The Lorain County Solid Waste District is sponsoring the Community Shred Day. Documents will shred from 9 a.m. until noon, or until the truck is filled. Habitat for Humanity will also collect furniture donations. BUILDING AND UTILITIES COMMITTEE REPORT Ms. Gentry reported on the Building and Utilities Committee as follows: 1. The next meeting of the Committee is Wednesday, September 17, 2025, at 6 p.m. in the Council Chamber. 2. ALRW received the feedback from Council last week regarding the CLERWTR, and the resolution in support was removed from tonight’s agenda. ALRW will consider ways to implement the changes Council recommended. Mayor Spaetzel confirmed that ALRW will discuss Council’s comments with the other stakeholders and return to Council with an acceptable plan for all. COMMUNICATIONS, ENVIRONMENTAL, AND RECREATIONAL PROGRAMMING COMMITTEE REPORT Mr. Shahmir reported on the Communications, Environmental, and Recreational Programming Committee as follows: 1. The Environmental Affairs Advisory Board (EAAB) met on September 3, 2025. Since there wasn’t a quorum, a formal election for a chair will be held at the next meeting on Thursday, October 2, 2025, at the Lake House. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Arnold reported on the Economic Development Committee as follows: 1. The next meeting of the Committee is Monday, September 15, 2025, at 6 p.m. in the Council Chamber. FINANCE COMMITTEE REPORT Mr. Zuber reported on the Finance Committee as follows: 1. The Committee met on September 8, 2025. The agenda covered: potential license plate fee increases and bonding options to fund roadwork, updates to the City’s Procurement Policy, the September 8, 2025, Council Meeting 6 Electric Boulevard bridge replacement near City Hall, and the August financials. The income tax collections were up 3.43%, or $476,000, over last year at this time; the total collected is $14,353,095. HUMAN RESOURCES COMMITTEE REPORT Mr. Smith reported on the Human Resources Committee as follows: 1. The Committee met earlier today. The agenda covered: a staffing report by the HR Director that the City Engineer candidate declined a conditional offer, Andrew Matuecci was hired as the Public Works Department Supervisor, and interviews will be conducted for the Public Works Laborer, and the Engineering Technical Aide I positions. Seasonal workers will be hired to assist with the leaf season. 2. The Civil Service Commission met on September 3, 2025. A civil service exam for Firefighter/Paramedic was approved, three Police Officer candidates were removed from the eligibility list, and seven applicants will be considered for the Lateral Entry position. 3. The Civil Service Commission is in the process of hearing an appeal from Fire Chief Jeremy Betsa. 4. The next Civil Service Commission meeting is Wednesday, October 1, 2025, at 4 p.m. in the Council Chamber. In response to Mr. Shahmir, Mr. Smith stated that the City Engineer candidate’s refusal was due to the salary offered. Mr. Shahmir asked if he could be provided with details on the interview process and the offer. Mayor Spaetzel agreed to meet with him to go over those details. PUBLIC SERVICE COMMITTEE REPORT Council President Fenderbosch reported on the Public Service Committee as follows: 1. Ordinance No. 25-146, right-of-way acquisition services for sidewalks on Lake Road from SR 83 to Sheffield Lake, and Ordinance No. 25-147, right-of-way appraisal services on Lake Road from SR 83 to Sheffield Lake, will require suspension of the rule requiring three readings and emergency passage. 2. The next Committee meeting is Wednesday, October 1, 2025, at 5:30 p.m. in the Council Chamber. September 8, 2025, Council Meeting 7 PLANNING COMMISSION REPORT Mr. Smith reported on Planning Commission as follows: 1. Ordinance No. 25-149, approving the improvement plan for Christ Church Industrial Subdivision, will require suspension of the rule requiring three readings and emergency passage to allow the roadway to be installed during the construction season. 2. Ordinance No. 25-150, vacating and consolidating paper streets in Avon Center Estates Subdivision No. 2, will require suspension of the rule requiring three readings and emergency passage so that the consolidation map can be filed before the City approves the improvement plan for this phase of the subdivision. ZONING BOARD OF APPEALS REPORT Mayor Spaetzel reported on the Zoning Board of Appeals as follows: 1. The Board met on August 27, 2025. An area variance waiving the requirement to install sidewalks along the property frontage on Lear Road and Krebs Road at 767 Lear Road was granted. An area variance permitting a front covered porch to encroach 1.8’ into the easternmost side yard setback at 31960 Hidden Cove was granted. An area variance reducing the front and rear yard setbacks to 20’ and 16.6’ for the construction of a new single-family dwelling at 87 Gra Gull Drive was granted. 2. The next Board meeting is September 24, 2025, at 7 p.m. in the Council Chamber. SHORT-TERM RENTALS AD HOC COMMITTEE REPORT Mr. Arnold reported on the Short-Term Rentals Ad Hoc Committee as follows: 1. The next Committee meeting is Thursday, September 18, 2025, at 6 p.m. in the Council Chamber. TREE COMMISSION REPORT Council President Fenderbosch reported on the Tree Commission as follows: 1. The next Commission meeting is Wednesday, September 10, 2025, at 6 p.m. at the Old Firehouse and Community Center. September 8, 2025, Council Meeting 8 LEGISLATION Third Readings: Ordinance No. 25-134, AN ORDINANCE AMENDING CHAPTER 1018: MUNICIPAL TREE ORDINANCE, AND CODIFIED ORDINANCE SECTION 1065.99, ENFORCEMENT AND PENALTY, was read by title only. Council President Fenderbosch moved for passage of Ordinance No. 25-134. This legislation will amend Chapter 1018: Municipal Tree Ordinance and Codified Ordinance Section 1065.99, Enforcement and Penalty. The amendments will expand definitions, enhance authority for the Urban Forester, detail standards for tree planting, protection, and replacement, impose stricter permit requirements, new disease-prevention protocols, and significantly increase penalties and mitigation fees. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-134 adopted. Ordinance No. 25-136, AN ORDINANCE APPROVING A VACATION FOR A PORTION OF THE SHIELDS AVENUE AND ELECTRIC BOULEVARD RIGHTS-OF-WAY AND DECLARING AN EMERGENCY, was read by title only. Mr. Smith moved for passage of Ordinance No. 25-136. This legislation will vacate a portion of the Shields Avenue and Electric Boulevard rights-of-way properties owned by the City that will be used by ALRW for operational purposes. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-136 adopted. Second Readings: Ordinance No. 25-139, AN ORDINANCE AMENDING THE RULES OF THE CIVIL SERVICE COMMISSION AND DECLARING AN EMERGENCY, was read by title only. This legislation will amend Civil Service Rule 14 to address the vetting and appointment process for Lateral Entry Police Officer candidates. The amendment changes the appointment ratio from 2:1 to 1:1, allowing one lateral-entry candidate for every entry-level candidate. Also, Lateral candidates must disclose any prior separation from law enforcement due to disciplinary action or to avoid such action. September 8, 2025, Council Meeting 9 Ordinance No. 25-140, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEDICAL DIRECTION SERVICES AGREEMENT FOR THE TACTICAL EMERGENCY MEDICALSERVICES (TEMS) AND RELATED TRAINING TO THE EASTERN LORAIN COUNTY EMERGENCY RESPONSE TEAM (ELCERT) COMPRISED OF THE CITY OF AVON, THE CITY OF AVON LAKE, AND THE CITY OF NORTH RIDGEVILLE AND UNIVERSITY HOSPITAL AND DECLARING AN EMERGENCY, was read by title only. This legislation will authorize the Mayor to enter into a Medical Direction Services Agreement with University Hospital for TEMS and ELCERT. The cities of Avon, Avon Lake, and North Ridgeville previously entered into a multi-jurisdictional agreement to form ELCERT in 2022 and, in 2024, executed a Memorandum of Understanding with MetroHealth for emergency medical services training. The three communities now intend to transition that partnership to University Hospital to continue enhancing regional emergency medical response capabilities. Resolution No. 25-143, A RESOLUTION AUTHORIZING THE USE OF AN UNNEEDED AND OBSOLETE VEHICLE FOR TRAINING PURPOSES AND SUBSEQUENT SALE OF SUCH VEHICLE FOR SCRAP, was read by title only. This legislation will authorize the use of a 2014 Ford Escape, which has been deemed unneeded and obsolete, for training purposes. The vehicle has reached the end of its useful life and was scheduled for replacement. In recent months, it experienced a series of costly mechanical failures, and repair was determined to be economically unfeasible. Based on recommendations from the Administration and the Fire Department, the vehicle will be repurposed for invaluable training activities. First Readings: Ordinance No. 25-145, AN ORDINANCE AUTHORIZING A COOPERATIVE SERVICE AGREEMENT BETWEEN THE CITY OF AVON LAKE AND THE UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE RELATED TO THE DEER MANAGEMENT PLAN AND DECLARING AN EMERGENCY, was read by title only. This legislation will authorize a Cooperative Service Agreement with the U.S. Department of Agriculture in support of the City’s comprehensive Deer Management Plan to cull up to 60 white-tailed deer at a cost not to exceed $30,425.23 between October 1, 2025, and March 31, 2026. Ordinance No. 25-146, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PERSONAL SERVICES AGREEMENT WITH O.R. COLAN ASSOCIATES, LLC., FOR RIGHT-OF- WAY ACQUISITION SERVICES FOR THE LOR US-6 15.87 PROJECT (LAKE ROAD, SR 83 WEST TO SHEFFIELD LAKE) AND DECLARING AN EMERGENCY, was read by title only. Council President Fenderbosch moved for suspension of the rule requiring three readings. September 8, 2025, Council Meeting 10 Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Council President Fenderbosch moved for passage of Ordinance No. 25-146. This legislation will authorize the Mayor to execute an agreement with O. R. Colan Associates, LLC, of Fairview Park, Ohio, in an amount not to exceed $208,580 for right-of-way acquisition services along US 6 (Lake Road) from SR 83 westward to the Sheffield Lake corporation boundary. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-146 adopted. Ordinance No. 25-147, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MARTIN+WOOD APPRAISAL GROUP, LTD., FOR APPRAISAL REVIEW SERVICES FOR THE LOR US-6 15.87 PROJECT (LAKE ROAD, SR 83 WEST TO SHEFFIELD LAKE) AND DECLARING AN EMERGENCY, was read by title only. Council President Fenderbosch moved for suspension of the rule requiring three readings. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Council President Fenderbosch moved for passage of Ordinance No. 25-147. This legislation will authorize the Mayor to execute an agreement with Martin+Wood Appraisal Group, Ltd., of Toledo, Ohio, in an amount not to exceed $27,625 for appraisal review services along Lake Road from SR 83 westward to the Sheffield Lake corporation boundary. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-147 adopted. Ordinance No. 25-148, AN ORDINANCE DESIGNATING THE RED AIRCRAFT WARNING BEACON FORMERLY MOUNTED ATOP THE AVON LAKE POWER PLANT SMOKESTACK AS A HISTORIC LANDMARK, was read by title only. September 8, 2025, Council Meeting 11 This legislation will designate the red aircraft warning beacon, formerly located atop the Avon Lake Power Plant smokestack, as a historic landmark. Planning Commission approved the designation on September 3, 2025, following an application by the Avon Lake Historical Society. The Society their preserved the beacon and other items before the plant’s demolition due to historical significance. A public hearing on the designation is scheduled for September 22, 2025. Ordinance No. 25-149, AN ORDINANCE APPROVING THE IMPROVEMENT PLAN FOR CHRIST CHURCH INDUSTRIAL SUBDIVISION AND DECLARING AN EMERGENCY, was read by title only. Mr. Smith moved for suspension of the rule requiring three readings. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Mr. Smith moved for passage of Ordinance No. 25-149. This legislation will approve the improvement plan for Christ Church Industrial Subdivision, consisting of six development-ready sublots intended for light industrial and commercial uses, located on the south side of Pin Oak Parkway, west of Avon Belden Road, within an I-1 Light Industrial Zoning District, as approved by Planning Commission on September 3, 2025. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-149 adopted. Ordinance No. 25-150, AN ORDINANCE APPROVING AVON CENTER ESTATES SUBDIVISION NO. 2, PHASE 6, RIGHTS-OF-WAY VACATIONS AND CONSOLIDATION PLAT, was read by title only. Mr. Smith moved for suspension of the rule requiring three readings. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Mr. Smith moved for passage of Ordinance No. 25-150. This legislation will approve rights-of-way vacations and consolidation of paper streets, Cortland Drive, Lewis Avenue, Knickerbocker Road, and Spruce Avenue, in the Avon Center Estates Subdivision 2. Planning Commission approved the vacations and consolidation on September 3, 2025, following an application by Legacy Pointe Ltd. September 8, 2025, Council Meeting 12 Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Ordinance No. 25-150 adopted. Ordinance No. 25-151, AN ORDINANCE APPROVING THE IMPROVEMENT PLAN FOR AVON CENTER ESTATES NO. 2, PHASE 6, AND DECLARING AN EMERGENCY, was read by title only. This legislation will approve the improvement plan for Avon Center Estates No. 2, Phase 6, consisting of 48 single-family lots, located in the southwest quadrant of the City, within the R-1A, R-1B, and Legacy Pointe Planned Unit Development (PUD) Zoning Districts, as approved by Planning Commission on September 3, 2025. Said approval is contingent upon the final review and approval by the City Engineer and the renaming of “Turnberry Court” to avoid confusion with Turnberry Lane, as required by the Planning & Zoning Code. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS Mayor Spaetzel announced that tickets for Avon Lake Boo by the Woods Festival will be available beginning Wednesday, September 17, 2025, at 9 a.m. The Festival includes the following: Library of Terror – Thursday, October 9, 2025, 6 – 9 p.m. Boo by the Woods Family Trail – Saturday, October 11, 2025, 4 – 5 p.m. Boo by the Woods Trail of Haunted Tales – Saturday, October 11, 2025, 6 – 9 p.m. Mr. Zuber moved for adjournment. Yes: Shahmir, Smith, Zuber, Arnold, Fenderbosch, Gentry No: None Absent: Kos Motion passed. Adjournment: 8:18 p.m. Approved: Attest: Council President Clerk of Council