AVON LAKE, Ohio — On Monday night, Avon Lake City Council began its review of the proposed development agreement for the site of the city's historic power plant. Planners are hoping to have a final vote by council happen by early next month.
However, that process might be delayed.
Councilmember Amy Gentry introduced a resolution calling for a 90-day moratorium on commercial and industrial demolitions by explosion or implosion. The resolution comes as the implosions of two stacks and two boilers of the power plant are slated to happen sometime this fall.
"It was brought to my attention that there was not a demolition ordinance in place, so we've been working diligently to try and come up with an ordinance utilizing a lot of the public feedback and doing some research," said Gentry, who chairs the council's Building and Utility Committee. "In light of the fact that we don't have that done and based on feedback from our Environmental Advisory Board, their recommendation was to put a 90-day moratorium on commercial and industrial demolitions so we can continue to work on this project."
In introducing the moratorium, Gentry noted that in addition to the power plant, "several" other demolitions were in the works in Avon Lake.
"We don't have anything that's guiding us as to what the city is aware of for environmental concerns and health concerns with air quality," she added. "We have several demolitions coming up, the school buildings might be coming down. There are all sorts of buildings and industries that are not currently under ordinance."
The power plant site is owned by the Avon Lake Environmental Redevelopment Group (ALERG). The group's attorney was present at Monday's meeting and threatened a lawsuit against the city if the moratorium is passed.
“A moratorium in this situation would be illegal. We have a contract for demolition, and there is such a thing as a constitutional right to continue a contract that can’t be interfered with,” ALERG attorney Todd Hunt explained to the council and audience. “This would be an unconstitutional impairment of contract if this moratorium were put in place based on the contract that we have for this demolition."
"My client is being targeted. I hate to say it, but we would have to contest it (the moratorium) if it were put into place. And we will contest it and that comes with damages, attorneys fees, and costs. I don’t want to make the threat, but that’s what we’re going to have to do. I apologize for saying that, but I have to say it."
Hunt also made his case as to why ALERG is being targeted in the moratorium.
"The city has known that these implosions were going to happen for three years, and there’s never been an implosion in Avon Lake up until the last one and I seriously doubt there would be another implosion after the one that’s being planned,” Hunt continued. “There’s not going to be an implosion of a public school. There are no other buildings or structures that are large enough in Avon Lake for an implosion."
Avon Lake Mayor Mark Spaetzel and Law Director Gary Ebert also cautioned against the moratorium, adding that the city has had a "researched legal opinion" done on the ordinance by outside counsel.
"We all share the goal of this power plant coming down safely. I don’t think that there’s any dispute to that, but every day that power plant comes down is a good day in Avon Lake. It's no longer polluting. They have literally removed thousands of tons of hazardous materials from that plant. Currently as a nonfunctioning power plant, it’s an eyesore," Spaetzel explained.
If the moratorium were passed, Spaetzel said it "potentially could cause financial damages to the city. These are taxpayers' dollars that we would have to utilize to defend ourselves if that were to come. There were no issues with the last implosion and we expect the same level of cooperation and adherence to the safety on this next implosion.”
The full city council could vote on the proposed moratorium as soon as Oct. 15. You can watch the entire Collective Committee Meeting of Avon Lake City Council below.
WHAT'S THE PLAN?
The agreement between the city of Avon Lake and ALERG would pave the way for the city to acquire 23.22 acres of the 43.23-acre power plant site, which will be repurposed into a public lakefront park. The city says that the land purchase, valued at $15 million, will be financed exclusively through Tax Increment Financing (TIF) revenues.
The remaining 19.6 acres of the site will be rezoned to include a Lakefront Mixed-Use Overlay District, creating space for private development. Plans include mixed-use projects with residential units, alongside commercial and recreational facilities.
"This move addresses the long-standing call from Avon Lake residents for greater access to Lake Erie, marking a major step in the City’s vision for a revitalized lakefront. The agreement outlines collaborative efforts between public and private entities, involving environmental remediation professionals and financial partners, to ensure the site is remediated before the acquisition is finalized. Importantly, the City retains full discretion to approve or decline the purchase based on its evaluation of the site’s environmental condition," the city of Avon Lake stated in a release announcing the development agreement.
In 2022, ALERG hosted a public meeting showcasing their vision for the future of the property. Renderings done in tandem with commercial real estate firm Avison Young and architecture design firm Gensler showed plans to keep the plant's iconic stacks, while taking advantage of open space along the lakefront.
PHOTOS: Renderings of proposed redevelopment of Avon Lake power plant site
PREVIOUS IMPLOSION
On July 31 of this year, a portion of the plant was imploded at around 5:48 a.m.
The city then issued an updated alert at 6:44 a.m. that said the area around the power plant "has been determined to be safe and clear" with normal activities able to resume.
You can see what the site looked like after the implosion in the video below after our drone captured daylight footage:
That implosion was not without controversy, as members of Avon Lake City Council and residents asked for the work to be postponed amid health and safety concerns.
"I feel strongly that we shouldn't move forward," Councilman Rob Shamir told 3News prior to the July implosion. "All we are asking for is that those plans – the hazardous waste plan, the air mitigation plan, the cleanup plan — that information is brought into the city, the city reviews it, and understands that there is an actual program in place to safeguard the community. Until then, I'm totally against it."
Shamir also spoke out during Monday night's meeting in favor of the proposed moratorium.
"It's not targeting anyone. It's protecting our residents. I look forward to the development of that property. I want it to go up, I want those stacks to come down. But I am not willing to turn around and say, 'Okay, the council and the administration fell asleep at the wheel and the residents will suffer because of it.'"
Once the final implosion takes place, planners have targeted June 30, 2025 as the date for "plant site remediation" to be complete, followed by a "site restoration complete" date of Aug. 31, 2025.
