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Residents press Avon Council on safety, liability and routing for proposed French Creek trail
Summary
During public comment on Ordinance No. 14‑26 (walking paths and trails), two French Creek Road residents asked council to add repair language to the draft, raised liability and routing concerns—one citing a 2019 master plan—and Law Director John Gasior said he would add repair language and explained Ohio's comparative negligence standard and ORC 1519.
Two residents who live along French Creek Road raised safety, repair and liability concerns about the walking path and trail language in Ordinance No. 14‑26 during the Feb. 23 Avon City Council meeting.
Dave Selestak (39332 French Creek Road) told council he appreciated the ordinance’s change to include walking trails but asked that the draft include both 'maintenance and repair,' noting underground utilities may require boring or cutting that would necessitate repairs. Law Director John Gasior said that including 'maintenance or repair' in the final sentence would be satisfactory and confirmed he would add repair language. Selestak also asked about liability if a property owner backing out of a driveway struck a trail user; Gasior explained that neither the state statute nor the city can absolve a property owner of liability for their own negligent or intentional acts and referenced Ohio's comparative negligence standard and ORC 1519 in that context.
Craig Young (39278 French Creek Road) questioned routing the new trail along French Creek Road and cited a December 2019 Avon and Sheffield master plan prepared by NOACA and Metro Parks. He quoted the plan’s executive summary: “the target of bicycle recommendations focused on creating an off‑road trail network to link desired assets rather than constructing facilities along high‑speed rural roadways where residents felt unsafe.” Mayor Bryan Jensen said the route was chosen to link to the Sheffield Metro Parks and a recently acquired Metro Parks property, and that any additional restrictions beyond ordinary traffic rules would need to be enacted by the council. Gasior and City Engineer Ryan Cummins were reported to review the original federal grant to see what restrictions the City may impose.
Council President Brian Fischer noted the ordinance would be discussed at the next Work Session with a final vote anticipated March 9, and members directed questions in the interim to the Law Director.
