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City amends French Creek Greenway easement appropriation and drafts rule limiting adjacent owners' maintenance to a 5-foot shoveled area

Council of the City of Avon, Ohio · February 2, 2026
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Summary

Council was told Ordinance No. 13-26 increases appropriations for additional drainage easement acreage for French Creek Greenway Phase I, and Law Director John Gasior outlined a draft Ordinance No. 14-26 clarifying adjacent property owners are responsible only for shoveling a 5-foot area of the trail; a resident raised safety and liability concerns and Gasior cited Ohio's recreational-user statute.

City Engineer Ryan Cummins said Ordinance No. 13-26 would amend a November 2025 appropriation, increasing the amount from $73,425 to $77,500 after a roughly 194-square-foot drainage easement at 39036 French Creek Road was added; appraisals are underway and property-owner contact should begin around early March.

During public comment, resident Dave Selestak raised concerns about trail users (pedestrians, cyclists, scooter riders) and liability, recalling an earlier cyclist accident. Law Director John Gasior explained Ohio's recreational-user statute provides protections for property owners when people engage in recreational activities and said the draft Ordinance No. 14-26 would clarify adjacent property owners' responsibility for only a 5-foot shoveled area of the proposed walking path; he noted enforcing scooter regulations would be challenging.