Regular Meeting Minutes

MINUTES OF THE REGULAR MEETING OF THE AVON LAKE CITY COUNCIL FEBRUARY 23, 2026 The regular meeting of the Avon Lake City Council was called to order on February 23, 2026, at 7:09 p.m. in the Council Chamber with Council President Smith presiding. Clerk Rosmarin 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; Law Director Gary Ebert; Finance Director Beth Krosse; Public Works Director Jon Liskovec; and Clerk of Council Valerie Rosmarin. Absent: Mayor Mark Spaetzel. APPROVAL OF MINUTES The minutes of the regular Council Meeting held February 9, 2026, were approved as amended. CORRESPONDENCE Mr. Shahmir reported receiving calls from residents on Handford Boulevard regarding construction vehicles continuing to use the street to access the South Port subdivision construction site. He stated that the City should enforce the prohibition and issue citations to vehicles violating the restriction. PUBLIC INPUT William Zimmerman, Avon Lake, raised concerns about enforcement on Handford Boulevard, noting that signage indicates cameras are in use and violators will be photographed and processed. He stated that he has not been able to locate any cameras and asked whether they exist. Mr. Zimmerman responded with a comment of thanks that appeared to be sarcastic to Mrs. Fenderbosch, Ms. Gentry, and Mr. Kos for the clear-cutting of the subdivision near SR 83 and Walker Road that they approved last year. He cited an Avison Young advertisement about the redevelopment of the power plant property and asked whether the site is actively being marketed. He noted that residents have been told the Avon Lake Environmental Redevelopment Group (ALERG) has one potential developer, but the developer’s identity has not been disclosed.

February 23, 2026, Council Meeting 2 He also recounted an incident involving a woman and her experience with an Avon Lake police officer, which he said occurred in the City of Avon. FINANCE DIRECTOR’S REPORT Finance Director Krosse reported that a public forum on the proposed income tax increase, Issue 13, will be held on Wednesday, March 11, 2026, at 7:00 p.m. at the Avon Lake Public Library. LAW DIRECTOR’S REPORT Mr. Shahmir asked whether the City has closed on the purchase of the Erieview Elementary School building. Law Director Ebert responded that the Avon Lake City School Board has signed the purchase agreement. He explained that the parties plan to meet with the School Board’s attorney this week to resolve two remaining issues: a lien still recorded on the property and questions about building systems that were removed but could be repurposed for the City’s fire safety systems. PUBLIC WORKS DIRECTOR’S REPORT Public Works Director Liskovec reported on the following: The annual City tree-pruning program experienced delays due to last week’s snowstorm; however, work will resume in the posted areas once weather conditions improve. Seasonal freeze-thaw cycles have caused potholes throughout the City, and multiple crews are actively repairing them. Staff was also able to conduct limited street-sweeping operations during brief periods of warmer weather. In addition, other scheduled winter maintenance activities continue to be carried out as conditions permit. Mrs. Fenderbosch inquired whether the tree-inventory contract had been finalized. Law Director Ebert responded that the contract has been drafted and is expected to be signed soon. 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 7:00 p.m. in the Council Chamber.

February 23, 2026, Council Meeting 3 ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Shahmir reported on the Economic Development Committee as follows: 1. The Committee met earlier today. The meeting agenda included a discussion on the Second Amendment of the Professional Services Reimbursement Agreement for the Power Plant Redevelopment Project and the proposed amendments to the Job Growth Incentive Program. 2. A copy of the Economic Recovery and Resiliency Plan and the Comprehensive Land Use Plan was delivered to the Avon Lake City School Board, along with an invitation to attend Economic Development Committee meetings. ENVIRONMENTAL COMMITTEE REPORT Mrs. Goodwin reported on the Environmental Committee as follows: • The next Environmental Affairs Advisory Board meeting will be held Tuesday, March 3, 2026, at 6:30 p.m. at the Avon Lake Public Library. 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 7:00 p.m. in the Council Chamber. HUMAN RESOURCES COMMITTEE REPORT Mr. Reynolds reported on the Human Resources Committee as follows: • The next Committee meeting will be held during the Collective Committee Meeting on Monday, March 2, 2026, at 7:00 p.m. in the Council Chamber. PUBLIC SAFETY AND HEALTH COMMITTEE REPORT In response to Mr. Zimmerman’s statement regarding clear-cutting during public comment, Mr. Kos stated that he voted in opposition to the rezoning of the property where the subdivision of Harbor Crest is being developed. Mr. Kos reported on the Public Safety and Health Committee as follows: • The Committee met on February 18, 2026. The meeting agenda included a discussion on low-speed or under-speed vehicles, the annual review of the City’s Disaster Plan, and the proposed helmet law for e-bike riders under the age of 18 in the City.

February 23, 2026, Council Meeting 4 PUBLIC SERVICE COMMITTEE REPORT Mrs. Fenderbosch reported on the Public Service Committee as follows: 1. The next Committee meeting will be held Wednesday, March 4, 2026, at 5:30 p.m. in the Council Chamber. 2. Suspension of the rule requiring three readings on an emergency basis will be requested for Ordinance No. 26-14, awarding a contract for the Miller Road Park Sand Dredging Project. PLANNING COMMISSION REPORT Mr. Reynolds reported on Planning Commission as follows: • The next Commission meeting will be held Tuesday, March 3, 2026, at 7:00 p.m. in the Council Chamber. Mr. Kos asked how the Planning Commission would handle the proposed mixed-use overlay when it comes before them, whether the Commission would vote on the proposal as presented, or if it could amend the document and forward revisions to Council. Law Director Ebert explained that Planning Commission’s role is to make recommendations and that it may refer items back for further consideration before taking a final vote. He added that the Commission may approve proposals with contingencies and, because this will be the first formal discussion of the mixed-use overlay, he anticipates significant debate and does not expect action at the initial meeting. Mrs. Fenderbosch noted that a mixed-use overlay already exists in the City’s Planning and Zoning Code and asked whether the proposal would create a new chapter or be incorporated into the existing language. Law Director Ebert responded that it would be added as an additional paragraph and confirmed that it is currently under review. Mr. Shahmir stated that he had not seen an infrastructure plan related to the proposed redevelopment and expressed concern that a project of this scale should include one. Council President Smith replied that the infrastructure plan is not part of the overlay proposal and would be determined later by the developers and the City. Mr. Shahmir reiterated that such developments typically include at least a preliminary infrastructure plan, even at an early stage.

February 23, 2026, Council Meeting 5 ZONING BOARD OF APPEALS REPORT Law Director Ebert reported on the Zoning Board of Appeals as follows: • The next Board meeting will be held Wednesday, February 25, 2026, at 7:00 p.m. in the Council Chamber. PARKS AND RECREATION COMMISSION REPORT Mrs. Goodwin reported on the Parks and Recreation Commission as follows: • The next Commission meeting will be held Wednesday, March 25, 2026, at 5:30 p.m. in the First Floor Conference Room. TREE COMMISSION REPORT Mrs. Fenderbosch reported on the Tree Commission as follows: 1. The next Commission meeting will be held Wednesday, March 11, 2026, at 5:30 p.m. at the Old Firehouse and Community Center. 2. The final number of those who attended the Fruit Tree Pruning Class was 60. 3. The two evaluators of the Tree Commission reviewed the initial plans for Learwood Middle School. MOTION Mr. Reynolds moved to confirm the recommendation of Planning Commission to approve the major subdivision preliminary plat for Matthew’s Hollow 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 Environmental Protection Agency (EPA) wetland requirements, or documentation confirming that no such approvals are required, as applicable, and that all construction debris shall be kept out of the tree lawn and mounds per Planning and Zoning Code 1018.09 and 1018.10. In addition, no grading or site disturbance shall occur on the property before this documentation is provided to and accepted by the City. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed.

February 23, 2026, Council Meeting 6 LEGISLATION Third 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. Mrs. Goodwin moved for passage of Ordinance No. 26-6. 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. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Ordinance No. 26-6 adopted. 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. Mr. Kos moved for passage of Ordinance No. 26-9. 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. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Ordinance No. 26-9 adopted. Second Reading: 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, was read by title only. This legislation will authorize the cessation of collection of the current 1.5-mill property

February 23, 2026, Council Meeting 7 tax levy if voters approve the proposed 0.40% income tax levy on the May 5, 2026, ballot. In response to a question from Mr. Shahmir, Finance Director Krosse explained that the 1.5-mill levy goes entirely to the City and does not impact the schools. Finance Director Krosse further explained that if the income tax issue passes in May, the change would take effect January 1, 2027. If it does not pass and must return to the November ballot, implementation could be delayed until January 2028. Mrs. Goodwin asked whether the levy could be placed back on the ballot if collection ceased. Finance Director Krosse explained that every October, Council approves the property taxes the City will collect and is required to state annually that it will not collect the levy until it expires in 2028. Mrs. Goodwin noted that the levy would remain in place and could be renewed in 2028. Finance Director Krosse responded that Council is committing not to collect the levy until it expires. First Readings: Ordinance No. 26-13, AN ORDINANCE AUTHORIZING THE CREATION OF A NEW CHAPTER TITLED LOW-SPEED VEHICLES WITHIN TITLE TEN - BICYCLES, MOTORCYCLES AND SNOWMOBILES, IN PART FOUR OF THE CODE OF ORDINANCES, AND DECLARING AN EMERGENCY, was read by title only. This legislation will create a new chapter regarding the operation of low-speed vehicles, which differ from traditional golf carts used on golf courses. Mr. Kos explained that a low-speed vehicle is defined, consistent with state law, as a self-propelled three- or four-wheel vehicle, including but not limited to a golf cart or utility vehicle, with a maximum attainable speed of 25 mph on a paved, level surface and a gross vehicle weight of less than 3,000 pounds. These vehicles have become increasingly popular in Ohio. While the state provides definitions and basic regulations, it leaves much of the regulatory authority to municipalities. Under the proposal, low-speed vehicles would be inspected by the Police Department, and operators must be licensed and carry insurance. Their use would be prohibited on streets with speed limits of 35 mph or higher, though they could cross such roads at intersections, limiting operation primarily to neighborhood streets. The ordinance also incorporates state restrictions for drivers under 17, including curfew and passenger limits.

February 23, 2026, Council Meeting 8 Council President Smith noted that while state law permits these vehicles, municipalities may restrict or prohibit them, and he suggested the City consider a full prohibition due to safety concerns and the administrative burden of enforcement. Mrs. Fenderbosch stated that several residents in her ward have already purchased these vehicles, some costing between $12,000 and $15,000, and have followed the required inspection and registration through the Bureau of Motor Vehicles. She expressed support for the ordinance as drafted, noting that prohibiting their use after residents had complied with the requirements would be unfair. Council President Smith responded that if the City chose to prohibit them, the ordinance could be written prospectively so that vehicles already approved could continue to operate. Ordinance No. 26-14, AN ORDINANCE AWARDING A CONTRACT FOR THE MILLER ROAD PARK SAND DREDGING PROJECT TO HUFFMAN EQUIPMENT RENTAL & CONTRACTING, INC., AND DECLARING AN EMERGENCY, was read by title only. Mrs. Fenderbosch moved for suspension of the rule requiring three readings. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Mrs. Fenderbosch moved for passage of Ordinance No. 26-14. This legislation will award a contract for the Miller Road Park Sand Dredging Project to Huffman Equipment Rental & Contracting, Inc., of Eastlake, Ohio, in the amount of $73,450. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Ordinance No. 26-14 adopted. MISCELLANEOUS BUSINESS AND ANNOUNCEMENTS Mrs. Fenderbosch reported that she attended the Second Harvest Food is Medicine event on February 13, 2026, and the Keep Lorain County Beautiful meeting the following week. She also noted that at Findley State Park, Keep America Beautiful is partnering with the State of Ohio and Pheasants Forever to convert the former archery range into a pollinator garden. Ms. Gentry announced that the next Ward 3 Meeting is Tuesday, March 10, 2026, at 7:00 p.m. at the Avon Lake Public Library. Mr. Shahmir announced that the next Ward 1 Meeting is Tuesday, February 24, 2026, at 5:30 p.m. at the Avon Lake Public Library.

February 23, 2026, Council Meeting 9 EXECUTIVE SESSION Mr. Kos moved to adjourn to Executive Session in compliance with Ohio Revised Code Sections 121.22(G)(1), (2), and (3) to discuss the dismissal of a public employee, the purchase or sale of property, and pending court action. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Adjournment: 8:15 p.m. RECONVENING OF REGULAR MEETING OF COUNCIL The regular meeting of Council reconvened at 9:07 p.m. Present: Councilmembers Jennifer Fenderbosch, Amy Gentry, Kayla Goodwin, David Kos, Matthew Reynolds, Rob Shahmir, and Geoff Smith. Mr. Kos moved for adjournment. Yes: Shahmir, Smith, Fenderbosch, Gentry, Goodwin, Kos, Reynolds No: None Motion passed. Adjournment: 9:10 p.m. Approved: Attest: Council President Clerk of Council