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MINUTES OF THE REGULAR MEETING OF THE AVON LAKE CITY COUNCIL FEBRUARY 9, 2026 The regular meeting of the Avon Lake City Council was called to order on February 9, 2026, at 7 p.m. in the Council Chamber with Council President Smith presiding. Police Lieutenant Fran Tibbitts led Council, staff, and the public in the Pledge of Allegiance. Present: Councilmembers Jennifer Fenderbosch, Amy Gentry, Kayla Goodwin, David Kos, Matthew Reynolds, Rob Shahmir, and Geoff Smith; Mayor Mark Spaetzel; Law Director Gary Ebert; Finance Director Beth Krosse; Public Works Director Jon Liskovec; and Clerk of Council Valerie Rosmarin. APPROVAL OF MINUTES The minutes of the regular Council Meeting held January 26, 2026, and the special Council Meeting held February 2, 2026, were approved as prepared and published. OATH OF OFFICE OF RYAN FANKHAUSER Mayor Spaetzel stated that Officer Fankhauser graduated from Avon Lake High School in 2000 and completed the Cleveland Heights Police Academy in 2002. He is a 20-year veteran of the Greater Cleveland Regional Transit Authority Police Department, where he served as a sergeant and field training officer. Since 2013, he has worked part-time with the Cleveland State University Police Department. In 2024, he joined the Avon Lake Police Department as a part-time officer. Mr. Reynolds expressed his excitement that Officer Fankhauser will be joining the Avon Lake Police Department full-time. He noted that they attended high school together and that Officer Fankhauser has dedicated his life to public safety. He praised his character, integrity, and commitment to ethics, stating that the community is fortunate to welcome him as a full-time member of an already outstanding police force. He concluded by congratulating Officer Fankhauser. Mayor Spaetzel administered the Oath of Office as Police Officer Ryan Fankhauser. PUBLIC INPUT 1. William Zimmerman, Avon Lake, referenced a document filed by Cleveland Communication, Inc., which had been awarded a multi-million-dollar contract to provide radio communications for county fire and police departments using the Harris communications system. He stated that the Lorain County Commissioners later rescinded the contract, and a contract was awarded to the February 9, 2026, Council Meeting 2 Multi-Agency Radio Communication System (MARCS). He noted that Avon, Avon Lake, North Ridgeville, Sheffield Lake, and Sheffield Village remained supportive of the Harris system. Mr. Zimmerman further stated that Fire Chief Jeremy Betsa told him that signal testing of MARCS at the Avon Lake Public Library was unsuccessful. He alleged that Fire Chief Betsa, as an advocate for the Harris system, became a target of retaliation and, according to his sources, was placed on administrative leave for political reasons. 2. Gerald Phillips, Avon Lake, provided handouts to Council regarding the power plant redevelopment. He stated that there are two possible methods to accomplish the redevelopment: the current approach proposed by the Avon Lake Environmental Redevelopment Group (ALERG), which requires the City to purchase approximately 20 acres for $15 million and incur an additional $15 million in remediation costs, and an alternative rezoning method. He explained that ALERG has requested 100% tax increment financing (TIF) for 30 years and has indicated that without approval from both the school district and Council, there will not be an agreement. He asserted that, despite statements to the contrary, the TIF structure would effectively redirect approximately $30 million from the school district to cover land acquisition and remediation costs. Mr. Phillips further stated that, under the rezoning method, including the overlay provisions in Chapter 1219, which reference Chapter 1218, the developer would be required to contribute 20 acres of parkland, and the school district would not forgo the projected revenue of $30 million. He further expressed concern that Council and Planning Commission were not fully informed about Chapter 1219 and encouraged Council to review the overlay district provisions before further consideration. MAYOR’S REPORT Mayor Spaetzel reported on the following: 1. The City has received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the ninth consecutive year. Mayor Spaetzel stated that it is an honor for the City to receive this national recognition, and he thanked Finance Director Krosse and her team for their commitment to the highest standard of transparency and accountability. 2. The Avon Lake High School Boys Bowling Team won the North Shore Bowling Conference Tournament thanks, in part, to Luke Slogar’s perfect game. Also, the Avon Lake Boys Hockey Team won the Baron Cup and has advanced to the State Championship game. February 9, 2026, Council Meeting 3 3. Mayor Spaetzel responded that Mr. Zimmerman's comments earlier, stating that they were completely erroneous. He further stated that the administrative leave of Fire Chief Betsa had nothing to do with the radio contract. 4. Information regarding the upcoming tax levy on the May ballot is available on the City’s website. An informational presentation by Mayor Spaetzel and Finance Director Krosse will be held on March 11, 2026, at 7 p.m. at the Avon Lake Public Library. Any groups wishing to receive this information directly may contact Mayor Spaetzel or Finance Director Krosse to schedule a meeting or to submit questions via email. COUNCIL PRESIDENT’S REPORT Council President Smith reported on the following: 1. A Collective Committee Meeting will not be held on Monday, February 16, 2026, due to Presidents’ Day. 2. Public Works Director Liskovec was asked to provide Council with a list of the streets in the proposed Street Program for comparison with the Pavement Management Group (PMG) report. PUBLIC WORKS DIRECTOR’S REPORT Public Works Director Liskovec reported on the following: 1. Road Salt Cargill, Inc., delivered the first of three orders today, and additional road salt will be fulfilled according to the contract pricing. Due to uncertainties with supplies, the City acquired 100 tons outside of the contract but did not have to expend the original amount approved by Council. 2. Street Program A list of streets eligible for reconstruction or mill and overlay was distributed to Council. The street ratings are based on data from the PMG report, which helps determine when improvements are necessary. Overall, there is a 3:1 ratio of reconstruction projects to mill and overlay projects, with costs reflecting an approximate 2:1 ratio. Regarding the proposed Street Program, Council President Smith asked whether the roads in need of immediate repair are those rated below 25 or possibly those with slightly higher ratings. Public Works Director Liskovec explained that the goal is to balance the lower end of the range with those at the higher end. He noted that the further the roads deteriorate, the more expensive they become to repair. Therefore, this will be taken February 9, 2026, Council Meeting 4 into consideration as staff work through the various areas. He added that the following streets will be included in the bundle project: North Point Drive, Bonnie View Drive, Colony Drive, and Parkland Drive. Mrs. Fenderbosch asked whether the mill and overlay projects would involve asphalt over asphalt or asphalt over concrete, noting that additional maintenance steps can be taken to extend the life of asphalt surfaces. Public Works Director Liskovec responded that the Street Program would address the base material, whether the street is currently asphalt or concrete. He explained that a concrete street would become a composite street once an asphalt overlay is applied, and there are more options available to asphalt streets than concrete streets. Ms. Gentry stated that street reconstruction has not been budgeted and asked whether some of the mill and overlay work could be completed this year. Public Works Director Liskovec responded that the reconstruction and mill and overlay program would begin in 2027. For this year, the scheduled projects include Walker Road, Phase 6, crack sealing, and the streets included in the bundle project (noted above). Mr. Shahmir asked whether adjustments would be made to account for the continued deterioration of the roads and whether that would be considered in the planning process. Public Works Director Liskovec responded that, based on what he has seen so far, there has been a two- to three-point decrease in ratings. He noted that as additional data is collected, staff will have a better understanding. With the upcoming thaw, some streets may be impacted more significantly, which could require certain streets to move up or down on the list. Mr. Shahmir noted that the list reflects streets in fair and poor condition and asked whether streets currently rated in good condition would be included in the maintenance program. Public Works Director Liskovec replied that the good-condition streets are addressed through crack sealing, rejuvenation treatments, partial-depth repairs, and similar maintenance activities. Mrs. Goodwin asked whether the list of streets would be made available to the public, noting that it could serve as useful, tangible information to help clarify the need for the work. She added that identifying the bundle projects within the list and understanding the full scope of those projects helps provide better context. February 9, 2026, Council Meeting 5 Public Works Director Liskovec responded that the only bundle project currently identified is the one already underway. He explained that there will be discussions with Avon Lake Regional Water regarding its next steps and needs, and that the City will likewise share its needs. He noted that planning will occur collaboratively between both parties. Council President Smith asked the Administration to determine how best to make the list available to the public. He emphasized that it should be clearly communicated that the list is a work in progress, as road conditions can change significantly. BUILDING AND UTILITIES COMMITTEE REPORT Ms. Gentry reported on the Building and Utilities Committee as follows: • The next Committee meeting will be held during the Collective Committee Meeting on Monday, March 2, 2026, at 7 p.m. in the Council Chamber. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Shahmir reported on the Economic Development Committee as follows: 1. The next Committee meeting is Monday, February 23, 2026, at 6 p.m. in the Council Chamber. 2. The next Community Improvement Corporation (CIC) meeting is Wednesday, February 11, 2026, at 6 p.m. in the Council Chamber. FINANCE COMMITTEE REPORT Council President Smith reported on the Finance Committee as follows: • The next Committee meeting will be held during the Collective Committee Meeting on Monday, March 2, 2026, at 7 p.m. in the Council Chamber. PUBLIC SAFETY AND HEALTH COMMITTEE REPORT Mr. Kos reported on the Public Safety and Health Committee as follows: 1. The next Committee meeting is Wednesday, February 18, 2026, at 6 p.m. in the Council Chamber. 2. Suspension of the rule requiring three readings on an emergency basis will be requested for Resolution No. 26-12, accepting a grant from Community West Foundation. February 9, 2026, Council Meeting 6 PUBLIC SERVICE COMMITTEE REPORT Mrs. Fenderbosch reported on the Public Service Committee as follows: 1. The Committee met on February 4, 2026. The agenda included an advertisement to bid for crack sealing and pavement markings. Public Works Director Liskovec stated that the pavement markings will refresh the work completed in 2024, which included all striping, except on Lake Road. Lake Road was resurfaced in 2023 with thermoplastic striping, which has a longer lifespan. He also noted that during the 2024 refresh, passing zones on Walker Road were removed. One small segment on Moore Road, between Walker Road and Lake Road, still has a passing zone; this segment will be reverted to a no-passing standard. 2. The next Committee meeting is Wednesday, March 4, 2026, at 5:30 p.m. in the Council Chamber. PLANNING COMMISSION REPORT Mr. Reynolds reported on Planning Commission as follows: • The Commission met on February 3, 2026. The agenda included Case No. CPC-25-15, submitted by Shire Glen Green Management LLC, for the major subdivision preliminary plat for Matthew’s Hollow Subdivision (formerly Cavalry Court Subdivision) located northeast of Lear Road and Krebs Road intersection, consisting of a 13-lot single-family subdivision on approximately 9.5 acres, zoned R-1A Single-Family Residential. The Commission approved said subdivision, subject to the condition that, before improvement plan approval, the applicant provides documentation demonstrating compliance with applicable U.S. Army Corps of Engineers and Ohio EPA wetland requirements, or documentation confirming that no such approvals are required, as applicable. In addition, no grading or site disturbance shall occur on the property before this documentation is provided to and accepted by the City. This case file was also reviewed by two members of the Tree Commission, who determined that it complies with Chapter 1018 and will not result in the unlawful removal, damage, or impairment of any protected trees. The stormwater basin will be maintained by the homeowners’ association for Matthew’s Hollow. Mr. Kos asked if there are currently sidewalks on the site or are sidewalks included in the preliminary plat. February 9, 2026, Council Meeting 7 Mr. Reynolds stated that sidewalks were not discussed during the preliminary plat phase; however, he was aware that some of the homes on Lear Road near this subdivision do not have sidewalks. Public Works Director Liskovec also responded that there are sidewalks on Krebs Road from the county line, east of the Hunt Club subdivision, and this development will connect to those sidewalks. Additionally, the corner lot of Lear Road and Krebs Road will have sidewalks. The preliminary plat identifies sidewalks within the subdivision. Mrs. Fenderbosch commented that the main street in the subdivision is public, and sidewalks will be installed in compliance with City code. Chapter 1018 was amended last October, and this is the first project reviewed by two evaluators on the Tree Commission, who are degreed foresters. She stated that when a motion is made to approve the preliminary plat, she will call for an amendment to add a condition that all construction debris should be kept out of the tree lawn and the mounds. Mr. Shahmir asked if all the engineering questions had been addressed, and, if so, he would like to see a written agreement that every item was completed. Law Director Ebert responded that City Engineer Chris Howard had several meetings with the applicant’s architect and engineer regarding a wetlands review, which was the reason Planning Commission approved the preliminary plat subject to conditions. Mrs. Goodwin asked about the signage of the subdivision and access to the subdivision from Lear Road. Public Works Director Liskovec responded that signage will be on Krebs Road, and there is no access to the subdivision off Lear Road. He noted that the road questioned by Mrs. Goodwin is a private driveway to an existing house, which will also act as easement access for sanitary and water and to service the utility for sublot No. 1. Ms. Gentry stated that since this is the only opportunity for Council to consider the preliminary plat, she questioned the conditions and why it was moved out of Planning Commission if the requirements or documentation were not received. Law Director Ebert responded that the minutes of the Planning Commission meeting reflect the lengthy discussion about the preliminary plat and the basis for their approval. Council President Smith confirmed that there were multiple Planning Commission meetings regarding this subdivision. Law Director Ebert suggested that the motion on the agenda can be removed to allow Council to review the minutes from the Planning Commission meeting. February 9, 2026, Council Meeting 8 ZONING BOARD OF APPEALS REPORT Mayor Spaetzel reported on the Zoning Board of Appeals as follows: 1. The Board met on January 28, 2026. An area variance for 32457 Lake Road permitting an 800 square foot detached accessory structure (covered outdoor dining) in the side yard was granted with the conditions that the structure shall not exceed 800 square feet and that the southwestern-most accessory structure shall be demolished before the construction of the new 800 square foot structure. An area variance for 151 Lear Road permitting two regulation-size sand volleyball courts in the side yard and front yard was denied. Based on this denial, two additional appeals for 151 Lear Road were withdrawn. 2. The next Board meeting is Wednesday, February 25, 2026, at 7 p.m. in the Council Chamber. PARKS AND RECREATION COMMISSION REPORT Mrs. Goodwin reported on the Parks and Recreation Commission as follows: • The Recreation Department has published its 2026 Spring/Summer Program Guide, which is now available on the City’s website. TREE COMMISSION REPORT Mrs. Fenderbosch reported on the Tree Commission as follows: 1. The next Commission meeting is Wednesday, February 11, 2026, at 6 p.m. at the Old Firehouse and Community Center. 2. The Commission is offering a free Fruit Tree Pruning Class to the community and to arborists from other communities on Thursday, February 12, 2026, from 10 a.m. until 2 p.m. at the Old Firehouse and Community Center. MOTIONS Mr. Kos moved to appoint David Klima to the Avon Lake Historical Preservation Commission for a term commencing February 10, 2026, and expiring December 31, 2028. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. February 9, 2026, Council Meeting 9 Mr. Reynolds moved to postpone the approval of the preliminary plat for Matthew’s Hollow Subdivision to the next Council Meeting on February 23, 2026. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. Mrs. Fenderbosch moved to authorize the Public Works Director, or his designee, to advertise for bids for crack seal on public streets. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. Mrs. Fenderbosch moved to authorize the Public Works Director, or his designee, to advertise for bids for pavement markings. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. LEGISLATION Second Readings: Ordinance No. 26-6, AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 284: ENVIRONMENTAL AFFAIRS ADVISORY BOARD (SECTIONS 284.01, 284.02, 284.03, AND 284.04), CHAPTER 288: TREE COMMISSION (SECTION 288.04), AND CHAPTER 220: COUNCIL (SECTION 220.05), was read by title only. This legislation will rename the Environmental Affairs Advisory Board to the Environmental Advisory Board, as recommended by the Board. Accordingly, amendments will be made to Chapter 284 and to Sections 288.04 and 220.05 of the Code of Ordinances. Ordinance No. 26-9, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MULTI-JURISDICTIONAL AGREEMENT FOR THE EASTERN LORAIN COUNTY EMERGENCY RESPONSE TEAM (“ELCERT”) COMPRISED OF THE CITY OF AVON, CITY OF AVON LAKE, CITY OF NORTH RIDGEVILLE, AND WESTSHORE ENFORCEMENT BUREAU (“WEB”), was read by title only. This legislation authorizes the Mayor to enter into a multi-jurisdictional agreement with the City of Avon, the City of North Ridgeville, and the Westshore Enforcement Bureau (WEB) for mutual police aid, including the interchange and use of personnel and equipment from each member department. This agreement supplements the original multi-jurisdictional agreement that established ELCERT pursuant to Ordinance No. 22-163. February 9, 2026, Council Meeting 10 First Readings: Resolution No. 26-11, A RESOLUTION DECLARING COUNCIL’S CESSATION OF COLLECTION OF AN EXISTING 1.5-MILL AD VALOREM PROPERTY TAX LEVY UPON APPROVAL BY THE CITY’S ELECTORS OF PASSAGE OF AN ORDINANCE AMENDING THE CITY’S CODIFIED ORDINANCES TO PROVIDE FOR THE LEVY OF AN ADDITIONAL 0.40% INCOME TAX, FOR FIVE YEARS, COMMENCING JANUARY 1, 2027, AND DECLARING AN EMERGENCY, was read by title only. This legislation will authorize the cessation of collection of the current 1.5-mill tax levy upon approval by the electorate of the 0.4% income tax levy at the May 5, 2026, ballot. Finance Director Krosse reported that revisions were made to the language of the legislation to state that the City will cease collecting this property tax, rather than referencing Council’s intent to do so. Resolution No. 26-12, A RESOLUTION ACCEPTING A GRANT IN THE AMOUNT OF $45,885 FROM COMMUNITY WEST FOUNDATION, IN PARTNERSHIP WITH CLEVELAND CLINIC FAIRVIEW HOSPITAL, FOR THE PURCHASE OF TWO LUCAS MECHANICAL CPR DEVICES FOR THE AVON LAKE FIRE DEPARTMENT AND DECLARING AN EMERGENCY, was read by title only. Mr. Kos moved for suspension of the rule requiring three readings. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. Mr. Kos moved for passage of Resolution No. 26-12. This legislation will accept a grant in the amount of $45,885 from the Community West Foundation for the purchase of two Lucas mechanical CPR devices for the Fire Department. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None Motion passed. Resolution No. 26-12 adopted. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS Ms. Gentry announced that the next Ward 3 Meeting is Tuesday, February 10, 2026, at 7 p.m. at the Avon Lake Public Library. Mr. Kos moved for adjournment. Yes: Reynolds, Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos No: None February 9, 2026, Council Meeting 11 Motion passed. Adjournment: 8:18 p.m. Approved: Attest: Council President Clerk of Council