The City Record Official Publication of the Council of the City of

August the Twelfth, Two Thousand and Nine

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE City Council 3 Patricia J. Britt The Calendar 58 City Clerk, Clerk of Council Board of Control 58 Ward Name Civil Service 60 1 Terrell H. Pruitt Board of Zoning Appeals 60 2 Nathaniel K. Wilkes Board of Building Standards 3 Zachary Reed and Building Appeals 61 4 Kenneth L. Johnson Public Notice 61 5 Phyllis E. Cleveland Public Hearings 61 6 Mamie J. Mitchell City of Cleveland Bids 61 7 TJ Dow Adopted Resolutions 8 Shari L. Cloud and Ordinances 61 9 Kevin Conwell Committee Meetings 114 10 Eugene R. Miller Index 115 11 Michael D. Polensek 12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago 15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall President of Council – Martin J. Sweeney DIVISIONS: Administrative Services – Terrence Ross, Commissioner Neighborhood Services – Louise V. Jackson, Commissioner Ward Name Residence Neighborhood Development – Joseph A. Sidoti, Commissioner 1 Terrell H. Pruitt ...... 3877 East 189th Street 44122 2 Nathaniel K. Wilkes ...... 8410 Vineyard Avenue 44105 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 3 Zachary Reed ...... 3734 East 149th Street 44120 DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 Construction Permitting – Timothy R. Wolosz, Commissioner 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 7 TJ Dow...... 8323 Pulaski Avenue 44103 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 8 Shari L. Cloud ...... 1152 East 98th Street 44108 DEPT. OF AGING – Jane Fumich, Director, Room 122 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 10 Eugene R. Miller ...... 13615 Kelso Avenue 44110 DEPT. OF CONSUMER AFFAIRS – Omayra G. Feliciano, Acting Director 11 Michael D. Polensek...... 17855 Brian Avenue 44119 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G. 12 Anthony Brancatelli...... 6924 Ottawa Road 44105 Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman 13 Joe Cimperman...... P.O. Box 91688 44101 Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman 14 Joseph Santiago...... 3169 West 14th Street 44109 Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry, 15 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura, 16 Kevin J. Kelley ...... 6608 Woodhaven Avenue 44144 Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James 17 Matthew Zone ...... 1228 West 69th Street 44102 Copeland. 18 Jay Westbrook ...... 1278 West 103rd Street 44102 CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl 19 Dona Brady ...... 1272 44102 Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing, 20 Martin J. Sweeney...... 3632 West 133rd Street 44111 Michael L. Nelson. 21 Martin J. Keane...... 15907 Colletta Lane 44111 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin First Assistant Clerk — Sandra Franklin J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. MAYOR – Frank G. Jackson BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Ken Silliman, Secretary to the Mayor, Chief of Staff Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, ______, Secretary. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Maureen Harper, Executive Assistant to the Mayor, Chief of Communications BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Natoya J. Walker, Interim Director, Office of Equal Opportunity BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, J. Triozzi; Councilman ______. Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 Karen E. Martines, Law Librarian, Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities Director ______; Council President Martin J. Sweeney. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Frank Badalamenti, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 Pinkney, Norman Krumholz, Council Member Joe Cimperman. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 City Treasury – ______, Treasurer, Room 115 FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S. Financial Reporting and Control – James Gentile, Controller, Room 18 Taylor. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Avenue FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Purchases and Supplies – James E. Hardy, Commissioner, Room 128 Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Member ______, Ed Romero. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue Render, Genesis O. Brown. DIVISIONS – 1201 Lakeside Avenue Cleveland Public Power – Ivan Henderson, Commissioner HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Street Lighting Bureau – ______, Acting Chief Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Utilities Fiscal Control – Dennis Nichols, Commissioner David Perkowski, Joan Shaver Washington, Keith Sutton. Water – John Christopher Nielson, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Water Pollution Control – Ollie Shaw, Commissioner Clint Martin, Mark Rivera. DEPT. OF PORT CONTROL – Ricky D. Smith, Director MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance Cleveland Hopkins International Airport, 5300 Riverside Drive Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Burke Lakefront Airport – Khalid Bahhur, Commissioner Kelley. Cleveland Hopkins International Airport – Fred Szabo, Commissioner DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113 POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517 Whalen, Nancy Cronin, Elvin Vauss. Engineering and Construction – ______, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Laura Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Allan Streets – Randell T. Scott, Commissioner, Room 25 Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Keiser, Secretary. Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down- DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 75 Erieview Plaza ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza CLEVELAND MUNICIPAL COURT Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 JUDGE COURTROOM ASSIGNMENTS DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Judge Courtroom Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive Presiding and Administrative Judge Ronald B. Adrine 15A Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue Judge Marilyn B. Cassidy 12A Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Emanuella Groves 13A Judge Larry A. Jones 14B DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director Judge Kathleen Ann Keough 13D Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Anita Laster Mays 14C DIVISIONS: Convention Center & Stadium – James Glending, Commissioner Judge Lauren C. Moore 14A , East 6th Street and Lakeside Avenue Judge Charles L. Patton, Jr. 12B Parking Facilities – Leigh Stevens, Commissioner Judge Raymond L. Pianka (Housing Court Judge) 13B Public Auditorium, East 6th Street and Lakeside Avenue Judge Michael John Ryan 12C Park Maintenance and Properties – Richard L. Silva, Commissioner Public Auditorium – East 6th Street and Lakeside Avenue Judge Angela R. Stokes 15C Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard Judge Pauline H. Tarver 13C Recreation – Kim Johnson, Commissioner, Room 8 Judge Joseph J. Zone 14D Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Mizerak – Burke Lakefront Airport Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 96 WEDNESDAY, AUGUST 12, 2009 No. 4992 CITY COUNCIL WEDNESDAY, AUGUST 5, 2009

The City Record 10:00 A.M. — Public Safety Com- OATH OF OFFICE Published weekly by the City Clerk, mittee: Conwell, Chair; Brady, Vice Chair; Cummins, Miller, Mitchell, File No. 1178-09. Clerk of Council under authority Polensek, Pruitt, Santiago, Zone. From David J. Carroll, Lieutenant, of the Charter of the Division of Police. Received. City of Cleveland WEDNESDAY — Alternating The City Record is available File No. 1179-09. online at 1:30 P.M. — Public Utilities Com- From Jennie S. Socha, Lieutenant, www.clevelandcitycouncil.org mittee: Zone, Chair; Reed, Vice Chair; Division of Police. Received. Address all communications to Cummins, Keane, Kelley, Polensek, PATRICIA J. BRITT Santiago, Westbrook, Wilkes. File No. 1180-09. 1:30 P.M. — City Planning Com- From James D. Ealey, Sergeant, City Clerk, Clerk of Council mittee: Cimperman, Chair, West- Division of Police. Received. 216 City Hall brook, Vice Chair, Conwell, Dow, Keane, Reed, Zone. File No. 1181-09. PERMANENT SCHEDULE From Andrew J. Ezzo, Sergeant, STANDING COMMITTEES The following Committees are Division of Police. Received. OF THE COUNCIL subject to the Call of the Chair: Rules Committee: Sweeney, Chair; File No. 1182-09. 2006-2009 Cleveland, Kelley, Keane, Polen- From George M. Peters, Sergeant, sek. Division of Police. Received. MONDAY — Alternating Personnel and Operations Com- mittee: Westbrook, Chair; Cloud, File No. 1183-09. 9:30 A.M. — Public Parks, Prop- Kelley, Mitchell, Santiago, Sweeney, From John C. Sattler, Sergeant, erties and Recreation Committee: Wilkes. Division of Police. Received. Johnson, Chair; Wilkes, Vice Chair; Mayor’s Appointment Committee: Brancatelli, Cummins, Kelley, Polen- Cleveland, Chair; Kelley, Miller, File No. 1184-09. sek, Pruitt. Sweeney, Westbrook. From Maria A. Stacho, Division of 9:30 A.M. — Health and Human Police. Received. Services Committee: Cleveland, Chair; Kelley, Vice Chair; Cimper- OFFICIAL PROCEEDINGS COMMUNICATION man, Conwell, Mitchell, Reed, Santi- CITY COUNCIL File No. 1185-09. ago. ______11:00 A.M. — Public Service Com- From Village Green Elderly II, NRP Holdings, LLC — notification mittee: Brady, Chair; Pruitt, Vice Cleveland, of construction and management of Chair; Cleveland, Cummins, John- Wednesday, August 5, 2009 residential rental development, locat- son, Polensek, Reed, Santiago, The meeting of the Council was ed at 18221 Euclid Avenue. (Ward Wilkes. called to order, The President Mar- 11). Received. 11:00 A.M. — Legislation Commit- tin J. Sweeney, in the Chair. tee: Dow, Chair; Keane, Vice Chair; Council Members present: Brady, FROM DEPARTMENT OF Cleveland, Cloud, Johnson, Reed, Brancatelli, Cimperman, Cleveland, LIQUOR CONTROL Wilkes. Cloud, Conwell, Dow, Johnson, Keane, Kelley, Miller, Mitchell, Polensek, File No. 1186-09. MONDAY Pruitt, Reed, Santiago, Sweeney, West- brook, Wilkes and Zone. Re: #935794106659 — C1 New Ap- plication — Walgreen Co., d.b.a. 2:00 P.M. — Finance Committee: Walgreens 06659, 4071 Lee Road. Sweeney, Chair; Cimperman, Vice Also present were Ken Silliman, (Ward 1). Received. Chair; Brady, Brancatelli, Cleveland, Chief of Staff; Darnell Brown, Chief Operating Officer; Chris Warren, Conwell, Kelley, Miller, Mitchell, File No. 1187-09. Polensek, Westbrook. Chief of Regional Development; Monyka S. Price, Chief of Education; Re: #5951324 — C2, C2X, Transfer of Ownership Application — Miles TUESDAY Maureen Harper, Chief of Communi- cations; Andrea V. Taylor, Press Sec- Mini Mart Inc., 11334 Miles Avenue. retary; and Directors Triozzi, Dumas, (Ward 2). Received. 9:30 A.M. — Community and Eco- Smith, Carroll, Flask, Cox, Rush, nomic Development Committee: Brown, Interim Director Withers File No. 1188-09. Brancatelli, Chair; Dow, Vice Chair; and Teresa Stevenson of Legislative Re: #935794103256 — C1 New Ap- Brady, Cloud, Cummins, Miller, Affairs. plication — Walgreen Co., d.b.a. Pruitt, Westbrook, Zone. Walgreens 03256, 11401 Union Ave- 1:30 P.M. — Employment, Affirma- Pursuant to Ordinance No. 2926-76 nue. (Ward 3). Received. tive Action and Training Committee: prayer was offered by Rev. Ron Lee, Pruitt, Chair; Santiago, Vice Chair; Chaplain, Division of Cleveland File No. 1189-09. Conwell, Cummins, Johnson, Miller, Police. Pledge of Allegiance. Re: #73935330740 — C2, C2X, Mitchell. Transfer of Ownership Application MOTION — Riser Foods Company, d.b.a. WEDNESDAY — Alternating Buckeye Giant Eagle, 11501 Buck- On the motion of Council Member eye Road. (Ward 4). Received. 10:00 A.M. — Aviation and Trans- Miller, the reading of the minutes of portation Committee: Kelley, Chair; the last meeting was dispensed with File No. 1190-09. Keane, Vice Chair; Cleveland, Cloud, and the journal approved. Seconded Re: #4225578 — C2, C2X Transfer Dow, Mitchell, Westbrook. by Council Member Cloud. of Ownership and Location Applica- 1469 4 The City Record August 12, 2009 tion — Jai Ambaji, Inc., d.b.a. Home- 13712 Lorain Avenue. (Ward 20). Re- the Division of Architecture. Re- town Grocery, 5611 Woodland ceived. ceived. Avenue. (Ward 5). Received. File No. 1204-09. CONDOLENCE RESOLUTIONS File No. 1191-09. Re: #8093995 — C1, C2, D6 Trans- Re: #935794103307 — C1 New Ap- fer of Ownership Application — The rules were suspended and the plication — Walgreen Co., d.b.a. Shivam Food Mart LLC, d.b.a. Con- following Resolutions were adopted Walgreens 03307, 15609 Lakeshore venient Food Mart Store #357, 14302 by a rising vote: Boulevard. (Ward 11). Received. Puritas Avenue. (Ward 20). Re- ceived. Res. No. 1214-09 — Frank J. Kuci- File No. 1192-09. nich, Jr. Re: #4979600 — D5 Transfer of File No. 1205-09. Res. No. 1215-09 — Queen Esther Ownership Application — Lakeshore Re: #9166711 — D5D, D5J, D6 McBee. Res. No. 1216-09 — James Robert Cocktails, LLC 16826 Lakeshore Additional Class Application United Garrett. Boulevard. (Ward 11). Received. Concessions Group, Inc., d.b.a. Pani- Res. No. 1217-09—William Thomp- nis Bar and Grill, Hopkins Airport, son Donlon. File No. 1193-09. 5300 Riverside Drive. (Ward 20). Res. No. 1218-09—Roberta Harley. Re: #935794103226 — C1 New Received. Res. No. 1219-09 — 1st Cass Sgt. Application — Walgreen Co., d.b.a. Jason J. Fabrizi. Walgreens 03226, 6410 Broadway File No. 1206-09. Res. No. 1220-09—Dewey Jeffries. Avenue. (Ward 12). Received. Re: #935794103310 — C1 New Ap- Res. No. 1221-09—Joann Long. plication — Walgreen Co., d.b.a. Res. No. 1222-09—Edward Bolden. File No. 1194-09. Walgreens 03310, 16803 Lorain Ave- Res, No. 1223-09 — Linda Trivis- Re: #1573746 — D5, D6 Stock nue, (Ward 21). Received. sano. Transfer Application — Club Havana, LLC, d.b.a. The Mercury File No. 1207-09. CONGRATULATION RESOLUTIONS Lounge, 1st and 2nd Floor Base- Re: #3718500 — D2, D2X, D3, D3A ment, and Patio, 2132 West 6th Transfer of Ownership Application The rules were suspended and the Street. (Ward 13). Received. — Hearns, Inc., d.b.a. Gallaghers following Resolutions were adopted Lounge, 3356 Warren Road. (Ward without objection: File No. 1195-09. 21). Received. Re: #0828814 — C1 New Applica- Res. No. 1224-09—Detective Sahir tion — Booklein Books and News, File No. 1208-09. K. Hasan. Inc., 1228 Euclid Avenue. (Ward 13). Re: #7148058 — D5 Transfer of Res. No. 1225-09 — Sergeant Wil- Received. Ownership and Location Application more Larry, Jr. — RCA Enterprises, Inc., 436163 Res. No. 1226-09 — Dominic Wayne File No. 1196-09. Rocky River Drive. (Ward 21). Wilder. Re: #0016366 — D5, D6, Transfer Received. Res. No. 1227-09—Dr. Lifsa Schach- of Ownership Application — ABC ter. Tavern LTD, d.b.a. ABC Tavern, STATEMENT OF WORK Res. No. 1228-09 — Mitchell C. Schneider. 1872 West 25th Street, 1st fl. & Bsmt. ACCEPTANCE (Ward 13). Received. Res. No. 1229-09 — Albert “Peg” Scott & The Golden Echols. File No. 1209-09. Res. No. 1230-09—Mt. Zion Congre- File No. 1197-09. From Director of Parks, Recre- gational Church. Re: #935794112444 — C1 New Ap- ation and Properties, Contract No. Res. No. 1231-09—Janet Thomas. plication — Walgreen Co., d.b.a. 68462, Precision Engineering & Con- Res. No. 1232-09 — LaTosca B. Walgreens 12444, 3415 Clark Avenue, tracting, Inc. — Gilmore Park Site Jones. (Ward 14). Received. Improvements, for the Division of Res. No. 1233-09 — Rev. Nathaniel Research, Planning & Development. Bolden. File No. 1198-09. Received. Re: #3375827 — D1, D3. D3A Stock RECOGNITION RESOLUTIONS Transfer Application — Gridlock File No. 1210-09. Co., d.b.a. Club Argos & Patio, 2030 From Director of Parks, Recre- The rules were suspended and the - 32 West 25th Street 1st & 2nd Flrs. ation and Properties, Contract No. following Resolutions were adopted (Ward 14). Received. 68495, R. J. Platten Contracting Co., without objection: Inc. — Mall Park Station Parking File No. 1199-09. Lot Improvements, for the Division Res. No. 1234-09 — Morton’s The Re: #935794103308 — C1 New of Research, Planning & Develop- Steakhouse. Application — Walgreen Co., d.b.a. ment. Received. Res. No. 1235-09—The Honorable Walgreens 03308, 4265 State Road. Joseph Cimperman. (Ward 15). Received. File No. 1211-09. Res. No. 1236-09 — The Kimble From Director of Parks, Recre- Family Reunion. File No. 1200-09. ation and Properties, Contract No. Res. No. 1237-09—Jane B. Sheats. Re: #4219893 — C1, C2, Transfer 68615, Petty Group, LLC — Rober- Res. No. 1238-09—Grace Hawkins. of Ownership Application — JAIGU- to Clemente Park Site Improve- Res. No. 1239-09 — John C. RUDEV, Inc., 5741 Memphis Avenue. ments, for the Division of Re- Williams. (Ward 16). Received. search, Planning & Development. Res. No. 1240-09—Rotary Club of Received. Cleveland & Community Service Committee. File No. 1201-09. Res. No. 1241-09—Jami Albeny. Re: #2333007 — D2, D2X, D3, D3A, File No. 1212-09. Res. No. 1242-09—Rona R. Carter Transfer of Ownership Application - From Director of Parks, Recre- Scholarship Program. - Duet Holdings, Inc., d.b.a. Apex, ation and Properties, Contract No. Res. No. 1243-09 — The Upshaw 11633 Lorain Avenue and Patio. 68850 Precision Engineering & Con- Family Reunion – 2009. (Ward 19). Received. tracting Co., Inc. — Kenneth L. Res. No. 1244-09—Mary Sims. Johnson Recreation Center Water File No. 1202-09. Slide Improvements, for the Division WELCOME RESOLUTIONS Re: #935794103234 — C1 New Ap- of Research, Planning & Develop- plication — Walgreen Co., d.b.a. ment. Received. The rules were suspended and the Walgreens 03234, 4281 West 130th following Resolutions were adopted Street, (Ward 20). Received. File No. 1213-09. without objection: From Director of Public Service, File No. 1203-09. Contract No. 669933, T & F Sys- Res. No. 1245-09—Matt Casale. Re: #2911406 — C2 New Applica- tems, Inc. — Res. No. 1246-09—Ross Greenky. tion — Free Phone For You, Inc., Roof Replacement (Phase 2), for Res. No. 1247-09—Adam Wallick. 1470 August 12, 2009 The City Record 5

FIRST READING EMERGENCY Section 1. That the Director of Bids shall be taken in a manner ORDINANCES REFERRED Public Utilities is authorized to that permits an award to be made enter into one or more agreements for all items as a single contract, or Ord. No. 1045-09. with National Urban Fellows to sup- by separate contract for each or any By Council Member Sweeney (by port the placement of a fellow under combination of the items as the departmental request). the program with the Department of Board of Control determines. Alter- An emergency ordinance authoriz- Public Utilities and the Mayor’s nate bids for a period less than the ing the Director of Finance, on Office, for a period up to fourteen specified term may be taken if behalf of the Cleveland Municipal months. desired by the Commissioner of Pur- Court, to apply for and accept a Section 2. That the cost of the chases and Supplies until provision grant from the Cuyahoga County agreement shall not exceed $31,500 is made for the requirements for the Corrections Planning Board for the and shall be paid from Fund No. 52 entire term. Domestic Intervention, Education & SF 001, Request No. 198847. Section 3. That the Director of Training (D.I.E.T.) Program. Section 3. That this ordinance is Port Control is authorized to apply Whereas, this ordinance consti- declared to be an emergency mea- and pay for permits, licenses, or tutes an emergency measure provid- sure and, provided it receives the other authorizations required by any ing for the usual daily operation of affirmative vote of two-thirds of all regulatory agency or public author- a municipal department; now, there- the members elected to Council, it ity to permit performance of the fore, shall take effect and be in force work authorized by this ordinance. Be it ordained by the Council of immediately upon its passage and Section 4. That the costs of the the City of Cleveland: approval by the Mayor; otherwise it contract or contracts or other expen- Section 1. That the Director of shall take effect and be in force ditures shall be charged against the Finance, on behalf of the Cleveland from and after the earliest period proper appropriation accounts and Municipal Court, is authorized to allowed by law. the Director of Finance shall certi- apply for and accept a grant in the Referred to Directors of Public fy the amount of the initial pur- amount of $216,060.00, from the Utilities, Finance, Law; Committees chase, which purchase, together Cuyahoga County Corrections Plan- on Public Utilities, Finance. with all later purchases, shall be ning Board to conduct the Domestic made on order of the Commissioner Intervention, Education & Training Ord. No. 1047-09. of Purchases and Supplies under a (D.I.E.T.) Program; that the Direc- By Council Members Kelley, Cim- requisition against the contract or tor is authorized to file all papers perman and Sweeney (by depart- contracts certified by the Director of and execute all documents neces- mental request). Finance. (RL 175252) sary to receive the funds under the An emergency ordinance determin- Section 5. That under Section grant; and that the funds are appro- ing the method of making the pub- 108(b) of the Charter, the purchases priated for the purposes described in lic improvement of repairing or authorized by this ordinance may be the program description for the replacing roofs and authorizing the made through cooperative agree- grant contained in the file described Director of Port Control to enter into ments with other governmental below. one or more public improvement re- agencies. The Director of Port Con- Section 2. That the program de- quirement contracts for the making trol may sign all documents that are scription for the grant, File No. 1045- of the improvement, for a period of necessary to make the purchases, two years, with two one-year options and may enter into one or more con- 09-A, made a part of this ordinance to renew, exercisable through addi- tracts with the vendors selected as if fully rewritten, as presented to tional legislative authority. through that cooperative process. the Finance Committee of this Coun- Whereas, this ordinance consti- Section 6. That this ordinance is cil at the public hearing on this leg- tutes an emergency measure provid- declared to be an emergency mea- islation, is approved in all respects ing for the usual daily operation of sure and, provided it receives the and shall not be changed without a municipal department; now, there- affirmative vote of two-thirds of all additional legislative authority. fore, the members elected to Council, it Section 3. That the Chief Proba- Be it ordained by the Council of shall take effect and be in force tion Officer is authorized to charge the City of Cleveland: immediately upon its passage and and accept fees from participants of Section 1. That, under Section 167 approval by the Mayor; otherwise it this program and to deposit those of the Charter of the City of Cleve- shall take effect and be in force fees into a revolving fund which land, this Council determines to from and after the earliest period will be used to provide additional make the public improvement of allowed by law. materials equipment, supplies, and repairing or replacing roofs, for the Referred to Directors of Port Con- services under the program describ- various divisions of the Department trol, City Planning Commission, ed in the file, and the funds are ap- of Port Control, by one or more pub- Finance, Law; Committees on Avia- propriated for that purpose. lic improvement requirement con- tion and Transportation, City Plan- Section 4. That this ordinance is tracts duly let to the lowest respon- ning, Finance. declared to be an emergency mea- sible bidder or bidders on a unit sure and, provided it receives the basis for the improvement. Ord. No. 1048-09. affirmative vote of two-thirds of all Section 2. That the Director of By Council Members Kelley and the members elected to Council, it Port Control is authorized to make Sweeney (by departmental request). shall take effect and be in force one or more written requirement An emergency ordinance authoriz- immediately upon its passage and contracts under the Charter and the ing the procurement by one or more approval by the Mayor; otherwise it Codified Ordinances of Cleveland, requirement contracts of the rental shall take effect and be in force Ohio, 1976, for the requirements for of large capacity trucks with oper- from and after the earliest period a period of two years, with two ators and other equipment with allowed by law. one-year options to renew, for the operators for use on airport proper- Referred to Directors of Finance, making of the above public ty, for the various divisions of the Law; Committee on Finance. improvement with the lowest Department of Port Control, for a responsible bidder or bidders after period of two years, with two one- Ord. No. 1046-09. competitive bidding on a unit basis year options to renew, the first of By Council Members Zone and for the improvement for a period which is exercisable through addi- Sweeney (by departmental request). not to exceed the specified term, tional legislative authority. An emergency ordinance authoriz- purchased by the Commissioner of Whereas, this ordinance consti- ing the Director of Public Utilities Purchases and Supplies on a unit tutes an emergency measure provid- to enter into one or more agree- basis for the various divisions of ing for the usual daily operation of ments with National Urban Fellows the Department of Port Control. a municipal department; now, there- to support the placement of a fellow The first of the one-year options to fore, under the program with the Depart- renew may not be exercised with- Be it ordained by the Council of ment of Public Utilities and the out additional legislative authority. the City of Cleveland: Mayor’s Office, for a period up to If such additional legislative Section 1. That the Director of fourteen months. authority is granted and the first Port Control is authorized to make Whereas, this ordinance consti- of the one-year options to renew is one or more written requirement tutes an emergency measure provid- exercised, then the second of the contracts under the Charter and the ing for the usual daily operation of one-year options to renew may be Codified Ordinances of Cleveland, a municipal department; now, there- exercisable at the option of the Ohio, 1976, for the requirements for fore, Director of Port Control, without the term of two years, with two one- Be it ordained by the Council of the necessity of obtaining addi- year options to renew, for the nec- the City of Cleveland: tional authority of this Council. essary items of the rental of large 1471 6 The City Record August 12, 2009 capacity trucks with operators and Section 571.89 Fees for Voice and Thence S 04° 07' 35" E along said other equipment with operators for Communications Services easterly right of way line of East use on airport property, in the ap- The Director of Port Control is 100th Street (60) a distance of 10.00 proximate amount as procured dur- authorized to charge and collect feet to a point; ing the preceding term, procured by fees for voice and communications Thence S 85° 52' 25" W a distance the Commissioner of Purchases and services for on-airport and off-air- of 60.00 feet to the principal place Supplies upon a unit basis for the port tenants at Cleveland Hopkins of beginning and containing 600 various divisions of the Department International Airport and Burke square feet as calculated and de- of Port Control. The first of the one- Lakefront Airport. The fees autho- scribed by URS Corporation in June year options to renew may not be rized shall be fixed by the Director 2009. exercised without additional legisla- of Port Control and approved by the tive authority. If such additional Board of Control. The fees shall be Legal Description: Private Utility legislative authority is granted and reviewed and set annually by the Encroachment Cedar Avenue the first of the one-year options to Board of Control. 660 Square Feet renew is exercised, then the second Section 2. That this ordinance is Situated in the City of Cleveland, of the one-year options to renew declared to be an emergency mea- County of Cuyahoga and State of may be exercisable at the option of sure and, provided it receives the Ohio known and being more fully the Director of Port Control, without affirmative vote of two-thirds of all described as follows: the necessity of obtaining addition- the members elected to Council, it Beginning at the northwesterly al authority of this Council. Bids shall take effect and be in force right of way intersection of East shall be taken in a manner that per- immediately upon its passage and 100th Street (60) and Cedar Avenue mits an award to be made for all approval by the Mayor; otherwise it (66); items as a single contract, or by sep- shall take effect and be in force Thence N 89° 50' 53" E along the arate contract for each or any com- from and after the earliest period northerly right of way line of Cedar bination of the items as the Board allowed by law. Avenue (66) a distance of 92.00 feet of Control determines. Alternate Referred to Directors of Port Con- to a point, said point being the prin- bids for a period less than the spec- trol, Finance, Law; Committees on cipal place of beginning of the ified term may be taken if desired Aviation and Transportation, Legis- encroachment herein intended to be by the Commissioner of Purchases lation, Finance. described; and Supplies until provision is made Thence N 89° 50' 53" E continu- for the requirements for the entire Ord. No. 1050-09. ing along the northerly right of way term. By Council Members Mitchell, line of Cedar Avenue (66) a distance Section 2. That the cost of the con- Brady, Cimperman and Sweeney (by of 10.00 feet to a point: tract or contracts shall be charged departmental request). Thence S 00° 09' 07" E a distance against the proper appropriation An emergency ordinance authoriz- of 66.00 feet to a point on the account and the Director of Finance ing the Director of Public Service to southerly right of way line of Cedar shall certify the amount of the ini- issue a permit to the Cleveland Clin- Avenue (66); tial procurement, which procure- ic Foundation to encroach into the Thence S 89° 50' 53" W along said ment, together with all later pro- public right-of-way beneath East southerly right of way line of Cedar curements, shall be made on order Avenue (66) a distance of 10.00 feet 100th Street and Cedar Avenue by of the Commissioner of Purchases to a point; installing, using, and maintaining and Supplies under a requisition Thence N 00° 09' 07" W a distance electrical service and teledata cab- against the contract certified by the of 66.00 feet to the principal place ling duct banks. Director of Finance. (RL 175255) of beginning and containing 660 Whereas, this ordinance consti- Section 3. That under Section square feet as calculated and de- tutes an emergency measure provid- 108(b) of the Charter, the purchases scribed by URS Corporation in June ing for the usual daily operation of authorized by this ordinance may be 2009. a municipal department; now, there- made through cooperative agree- fore, ments with other governmental Legal Description: Private Utility Be it ordained by the Council of agencies. The Director of Port Con- Encroachment Cedar Avenue the City of Cleveland: trol may sign all documents that are 660 Square Feet necessary to make the purchases, Section 1. That the Director of Situated in the City of Cleveland, and may enter into one or more con- Public Service is authorized to issue County of Cuyahoga and State of tracts with the vendors selected a permit, revocable at the will of Ohio known and being more fully through that cooperative process. Council, to the described as follows: Section 4. That this ordinance is Foundation, 9500 Euclid Avenue, Beginning at the northwesterly declared to be an emergency mea- mailstop cc41, Cleveland, Ohio 44195 right of way intersection of East sure and, provided it receives the (“Permittee”), to encroach into the 100th Street (60) and Cedar Avenue affirmative vote of two-thirds of all public right-of-way beneath East (66); the members elected to Council, it 100th Street and Cedar Avenue by Thence N 89° 50' 53" E along the shall take effect and be in force installing, using, and maintaining northerly right of way line of Cedar immediately upon its passage and electrical service and teledata Avenue (66) a distance of 285.82 approval by the Mayor; otherwise it cabling duct banks, at the following feet to a point, said point being the shall take effect and be in force locations: principal place of beginning of the from and after the earliest period encroachment herein intended to be allowed by law. Legal Description: Private Utility described; Referred to Directors of Port Con- Encroachment East 100th Street Thence N 89° 50' 53" E continu- trol, Finance, Law; Committees on 600 Square Feet ing along the northerly right of way Aviation and Transportation, Finance. Situated in the City of Cleveland, line of Cedar Avenue (66) a distance County of Cuyahoga and State of of 10.00 feet to a point: Ord. No. 1049-09. Ohio known and being more fully Thence S 00° 09' 07" E a distance By Council Members Kelley, Dow described as follows: of 66.00 feet to a point on the south- and Sweeney (by departmental re- Beginning at the northwesterly erly right of way line of Cedar quest). right of way intersection of East Avenue (66); An emergency ordinance to sup- 100th Street (60) and Cedar Avenue Thence S 89° 50' 53" W along said plement the Codified Ordinances of (66); southerly right of way line of Cedar Cleveland, Ohio, 1976, by enacting Thence N 04° 07' 35" W along the Avenue (66) a distance of 10.00 feet new Section 571.89, relating to fees westerly right of way line of East to a point; for voice and communications ser- 100th Street (60) a distance of 239.86 Thence N 00° 09' 07" W a distance vices. feet to a point, said point being the of 66.00 feet to the principal place Whereas, this ordinance consti- principal place of beginning of the of beginning and containing 660 tutes an emergency measure provid- encroachment herein intended to be square feet as calculated and ing for the usual daily operation of described; described by URS Corporation in a municipal department; now, there- Thence N 04° 07' 35" W continu- June 2009. fore, ing along the westerly right of way Legal Description approved by Be it ordained by the Council of line of East 100th Street (60) a dis- Greg Esber, Section Chief, Plats, the City of Cleveland: tance of 10.00 feet to a point: Surveys and House Numbering Sec- Section 1. That the Codified Ordi- Thence N 85° 52' 25" E a distance tion. nances of Cleveland, Ohio, 1976, are of 60.00 feet to a point on the east- Section 2. That Permittee may supplemented by enacting new Sec- erly right of way line of East 100th assign the permit only with the tion 571.89 to read as follows: Street (60); prior written consent of the Director 1472 August 12, 2009 The City Record 7 of Public Service. That the encroach- Construction. That Permittee shall Section 3. That the Director of Law ing structure(s) permitted by this obtain all other required permits, shall prepare the permit authorized ordinance shall conform to plans including but not limited to Build- by this ordinance and shall incorpo- and specifications approved by the ing Permits, before installing the rate such additional provisions as Commissioner of Engineering and encroachment(s). the director determines necessary to Construction. That Permittee shall Section 3. That the Director of Law protect and benefit the public inter- obtain all other required permits, shall prepare the permit authorized est. The permit shall be issued only including but not limited to Build- by this ordinance and shall incorpo- when, in the opinion of the Director ing Permits, before installing the rate such additional provisions as of Law, Permittee has properly encroachment(s). the director determines necessary to indemnified the City against any loss Section 3. That the Director of protect and benefit the public inter- that may result from the encroach- Law shall prepare the permit autho- est. The permit shall be issued only ment(s) permitted. rized by this ordinance and shall when, in the opinion of the Director Section 4. That the permit shall incorporate such additional provi- of Law, Permittee has properly reserve to the City reasonable right sions as the director determines nec- indemnified the City against any loss of entry to the encroachment loca- essary to protect and benefit the that may result from the encroach- tion(s). public interest. The permit shall be ment(s) permitted. Section 5. That this ordinance is issued only when, in the opinion of Section 4. That the permit shall declared to be an emergency mea- the Director of Law, Permittee has reserve to the City reasonable right sure and, provided it receives the properly indemnified the City of entry to the encroachment loca- affirmative vote of two-thirds of all against any loss that may result tion(s). the members elected to Council, it from the encroachment(s) permitted. Section 5. That this ordinance is shall take effect and be in force Section 4. That the permit shall declared to be an emergency mea- immediately upon its passage and reserve to the City reasonable right sure and, provided it receives the approval by the Mayor; otherwise it of entry to the encroachment loca- affirmative vote of two-thirds of all shall take effect and be in force tion(s). the members elected to Council, it from and after the earliest period Section 5. That this ordinance is shall take effect and be in force allowed by law. declared to be an emergency mea- immediately upon its passage and Referred to Directors of Public sure and, provided it receives the approval by the Mayor; otherwise it Service, City Planning Commission, affirmative vote of two-thirds of all shall take effect and be in force Finance, Law; Committees on Public the members elected to Council, it from and after the earliest period Service, City Planning, Finance. shall take effect and be in force allowed by law. immediately upon its passage and Referred to Directors of Public Ord. No. 1053-09. approval by the Mayor; otherwise it Service, City Planning Commission, By Council Members Cleveland, shall take effect and be in force Finance, Law; Committees on Public Brancatelli, Wilkes, Brady, Cimper- from and after the earliest period Service, City Planning, Finance. man and Sweeney (by departmental allowed by law. request). Referred to Directors of Public Ord. No. 1052-09. An emergency ordinance to amend Service, City Planning Commission, By Council Members Cimperman, Section 9 of Ordinance No. 687-08, Finance, Law; Committees on Public Brady and Sweeney (by departmen- passed June 9, 2008, relating to the Service, City Planning, Finance. tal request). Mayor accepting a grant from the An emergency ordinance authoriz- Ohio Public Works Commission to Ord. No. 1051-09. ing the Director of Public Service to rehabilitate Broadway Avenue from By Council Members Cimperman, issue a permit to Ohio Technical I-77 to the east corporation line and Brady and Sweeney (by departmen- College to encroach into the public authorizing the Director of Public tal request). right-of-way of 1390 East 49th Street Service to enter into various con- An emergency ordinance authoriz- by installing, using, and maintain- tracts to implement the improvement. ing the Director of Public Service to ing entrance canopy and two sup- Whereas, this ordinance consti- issue a permit to Lakeside Com- port posts. tutes an emergency measure provid- merce, LLC to encroach into the pub- Whereas, this ordinance consti- ing for the usual daily operation of lic right-of-way of East 53rd Street tutes an emergency measure provid- a municipal department; now, there- (60 feet wide) by installing, using, ing for the usual daily operation of fore, and maintaining a parking area and a municipal department; now, there- Be it ordained by the Council of chain link fence with a 24-foot slid- fore, the City of Cleveland: ing gate. Be it ordained by the Council of Section 1. That Section 9 of Ordi- Whereas, this ordinance consti- the City of Cleveland: nance No. 687-08, passed June 9, 2008, tutes an emergency measure provid- Section 1. That the Director of is amended to read as follows: ing for the usual daily operation of Public Service is authorized to issue Section 9. That the costs of the a municipal department; now, there- a permit, revocable at the will of contracts and property acquisition fore, Council, to Ohio Technical College, authorized shall be paid from the Be it ordained by the Council of 1374 East 51st Street, Cleveland, Ohio fund or funds to which are credited the City of Cleveland: 44103 (“Permittee”), to encroach into the grant proceeds accepted under Section 1. That the Director of Pub- the public right-of-way of 1390 East this ordinance, the cash match, lic Service is authorized to issue a 49th Street by installing, using, and Fund Nos. 20 SF 364, 20 SF 373, 20 permit, revocable at the will of Coun- maintaining an entrance canopy and SF 380, 20 SF 383, 20 SF 394, 20 SF cil, to Lakeside Commerce, LLC c/o two support posts, at the following 500, 20 SF 506, 20 SF 510, 20 SF 520, Ohio Realty Advisors, 3623 Brecksville location: Located at the entrance of 52 SF 001, 54 SF 001, and from the Road, Richfield, Ohio 44286 (“Per- 1390 East 49th Street, canopy is 6.0 fund or funds to which are credited mittee”), to encroach into the public feet wide in front, 3.5 feet in height the funds received from the Ohio right-of-way of East 53rd Street (60 and encroaches into the right of Department of Transportation for feet wide) by installing, using, and way 12.5 feet. Canopy has a mini- the Improvement and are appropri- maintaining a parking area and mum clearance height above side- ated for this purpose. Request Nos. chain link fence with a 24-foot slid- walk of 8.0 feet and is supported by 175548 and 188513. ing gate at the following location: building and two 2-inch square Section 2. That existing Section 9 Being the easterly 10 feet of East posts. of Ordinance No. 687-08, passed June 53rd Street (60 feet wide) extending Legal Description approved by 9, 2008, is repealed. from the northerly right-of-way of Greg Esber, Section Chief, Plats, Sur- Section 3. That this ordinance is Lakeside Avenue northerly 327.59 veys and House Numbering Section. declared to be an emergency mea- feet. Section 2. That Permittee may sure and, provided it receives the Legal Description approved by assign the permit only with the affirmative vote of two-thirds of all Greg Esber, Section Chief, Plats, prior written consent of the Director the members elected to Council, it Surveys and House Numbering Sec- of Public Service. That the encroach- shall take effect and be in force tion. ing structure(s) permitted by this immediately upon its passage and Section 2. That Permittee may ordinance shall conform to plans approval by the Mayor; otherwise it assign the permit only with the and specifications approved by the shall take effect and be in force prior written consent of the Director Commissioner of Engineering and from and after the earliest period of Public Service. That the encroach- Construction. That Permittee shall allowed by law. ing structure(s) permitted by this obtain all other required permits, Referred to Directors of Public ordinance shall conform to plans including but not limited to Build- Service, City Planning Commission, and specifications approved by the ing Permits, before installing the Finance, Law; Committees on Public Commissioner of Engineering and encroachment(s). Service, City Planning, Finance. 1473 8 The City Record August 12, 2009

Ord. No. 1054-09. Referred to Directors of Public Referred to Directors of Public By Council Members Mitchell. Service, City Planning Commission, Service, City Planning Commission, Brady, Cimperman and Sweeney (by Finance, Law; Committees on Public Finance, Law; Committees on Public departmental request). Service, City Planning, Finance. Service, City Planning, Finance. An emergency ordinance to vacate a portion of Baldwin Road S.E. Ord. No. 1055-09. Ord. No. 1056-09. Whereas, under Resolution No. By Council Members Cleveland, By Council Members Brady, Cim- 1186-08, adopted November 10, 2008 Brady, Cimperman and Sweeney (by perman and Sweeney (by depart- this Council declared its intention to departmental request). mental rtequest). vacate a portion of Baldwin Road An emergency ordinance to vacate An emergency ordinance to vacate S.E.; and a portion of East 71st Street (90 feet a portion of West 27th Place. Whereas, notice of the adoption of wide). Whereas, under Resolution No. the above vacation was served on Whereas, under Resolution No. 1187-08, adopted November 10, 2008 the abutting property owners affect- 167-08, adopted May 5, 2008 this this Council declared its intention to ed by the resolution which stated a Council declared its intention to vacate a portion of West 27th Place; time and place when objections vacate a portion of East 71st Street and would be heard before the Board of (90 feet wide); and Whereas, notice of the adoption of Revision of Assessments; and Whereas, notice of the adoption of the above vacation was served on Whereas, on June 19, 2009 the the above vacation was served on the abutting property owners affect- Board of Revision of Assessments the abutting property owners affect- ed by the resolution which stated a approved the above vacation under ed by the resolution which stated a time and place when objections the provisions of Section 176 of the time and place when objections would be heard before the Board of Charter of the City of Cleveland; would be heard before the Board of Revision of Assessments; and and Revision of Assessments; and Whereas, on June 19, 2009 the Whereas, this Council is satisfied Whereas, on June 19, 2009 the Board of Revision of Assessments that there is good cause for vacat- Board of Revision of Assessments approved the above vacation under ing a portion of the above and that approved the above vacation under the provisions of Section 176 of the it will not be detrimental to the gen- the provisions of Section 176 of the Charter of the City of Cleveland; eral interest and that it should be Charter of the City of Cleveland; and made; and and Whereas, this Council is satisfied Whereas, this ordinance consti- Whereas, this Council is satisfied that there is good cause for vacat- tutes an emergency measure provid- that there is good cause for vacat- ing a portion of the above and that ing for the usual daily operation of ing a portion of the above and that it will not be detrimental to the gen- a municipal department; now, there- it will not be detrimental to the gen- eral interest and that it should be fore, eral interest and that it should be made; and Be it ordained by the Council of made; and Whereas, this ordinance consti- the City of Cleveland: Whereas, this ordinance consti- tutes an emergency measure provid- Section 1. That this Council de- tutes an emergency measure provid- ing for the usual daily operation of clares that the following described ing for the usual daily operation of a municipal department; now, there- real property is vacated: a municipal department; now, there- fore, Situated in the City of Cleveland, fore, Be it ordained by the Council of County of Cuyahoga, and State of Be it ordained by the Council of the City of Cleveland: Ohio and known as being all that the City of Cleveland: Section 1. That this Council de- portion of Baldwin Road S.E. (60 Section 1. That this Council de- clares that the following described feet wide) extending Southwesterly clares that the following described real property is vacated: from the Southwesterly line of real property is vacated: Situated in the City of Cleveland, Stokes Blvd. (60 feet wide) to the Declaring the intent to vacate the County of Cuyahoga, and State of Southeasterly prolongation of the easterly 20 feet of East 71st Street Ohio and known as being all that Northeasterly line of Mt. Overlook (90 feet wide) extending northerly portion of West 27th Place (12 feet Avenue S.E. (formerly Quincy Ave- from the northerly right of way line wide) extending Northerly from the nue S.E.) (60 feet wide). of Woodland Avenue S.E. (80 feet Northerly line of Riverside Avenue Legal Description approved by wide) to the southerly right of way S.W. (60 feet wide) to the Souther- Greg Esber, Section Chief, Plats, line of Merrick Court S.E. (16 feet ly Limited Access Line of the I-71 Surveys and House Numbering Sec- wide). Freeway so called. tion. Legal Description approved by Legal Description approved by Section 2. That there is reserved Greg Esber, Section Chief, Plats, Greg Esber, Section Chief, Plats, to the City of Cleveland an ease- Surveys and House Numbering Sec- Surveys and House Numbering Sec- ment of full width as described tion. tion. above for Water Pollution Control Section 2. That there is reserved Section 2. That there is reserved (WPC) and CEI (Illuminating Com- to the City of Cleveland an ease- to the City of Cleveland an ease- pany), include access for the City of ment of full width as described ment of full width as described Cleveland Division of Fire. above for CEI (Illuminating Com- above for CEI (Illuminating Com- That no structures shall be erect- pany). pany). ed on the premises described in this That no structures shall be erect- That no structures shall be erect- easement except those constructed ed on the premises described in this ed on the premises described in this under the approval of, and in com- easement except those constructed easement except those constructed pliance with, plans approved by under the approval of, and in com- under the approval of, and in com- Water Pollution Control and CEI pliance with, plans approved by CEI pliance with, plans approved by CEI (Illuminating Company) and the (Illuminating Company) and the (Illuminating Company) and the City of Cleveland. City of Cleveland. City of Cleveland. Section 3. That provided all re- Section 3. That provided all re- Section 3. That provided all re- quired approvals have been ob- quired approvals have been ob- quired approvals have been ob- tained, the Commissioner of Engi- tained, the Commissioner of Engi- tained, the Commissioner of Engi- neering and Construction is directed neering and Construction is directed neering and Construction is directed to record the vacation plat in the to record the vacation plat in the to record the vacation plat in the office of the Recorder of Cuyahoga office of the Recorder of Cuyahoga office of the Recorder of Cuyahoga County. County. County. Section 4. That the Clerk of Coun- Section 4. That the Clerk of Coun- Section 4. That the Clerk of Coun- cil is directed to transmit a copy of cil is directed to transmit a copy of cil is directed to transmit a copy of this ordinance to the Auditor of this ordinance to the Auditor of this ordinance to the Auditor of Cuyahoga County. Cuyahoga County. Cuyahoga County. Section 5. That this ordinance is Section 5. That this ordinance is Section 5. That this ordinance is declared to be an emergency mea- declared to be an emergency mea- declared to be an emergency mea- sure and, provided it receives the sure and, provided it receives the sure and, provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its passage and immediately upon its passage and immediately upon its passage and approval by the Mayor; otherwise it approval by the Mayor; otherwise it approval by the Mayor; otherwise it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. 1474 August 12, 2009 The City Record 9

Referred to Directors of Public Ord. No. 1058-09. Referred to Directors of Public Service, City Planning Commission, By Council Members Mitchell, Brady, Service, City Planning Commission, Finance, Law; Committees on Public Cimperman and Sweeney (by depart- Finance, Law; Committees on Public Service, City Planning, Finance. mental request). Service, City Planning, Finance. An emergency ordinance to vacate Ord. No. 1057-09. a portion of the 1st un-named alley Ord. No. 1060-09. By Council Members Wilkes, Brady, North of Woodland Avenue running By Council Members Cleveland Cimperman and Sweeney (by depart- to the West and East of East 81st and Sweeney (by departmental re- mental request). Street. quest). An emergency ordinance to vacate Whereas, under Resolution No. An emergency ordinance authoriz- 1188-08, adopted November 10, 2008 ing the Director of Public Health to a portion of the first un-named alley this Council declared its intention to apply for and accept a grant from East of Warner Road and South of vacate a portion of the 1st un-named the Cleveland Foundation for the Tioga Avenue. alley North of Woodland Avenue Making Lead Whereas, under Resolution No. running to the West and East of Safe Program; to enter into one or 1191-08, adopted November 10, 2008 East 81st Street; and more contracts with Cuyahoga Coun- this Council declared its intention to Whereas, notice of the adoption of ty Board of Health and with various vacate a portion of 1st un-named the above vacation was served on agencies, individuals or entities to alley East of Warner Road and the abutting property owners affect- implement the grant. South of Tioga Avenue; and ed by the resolution which stated a Whereas, this ordinance consti- Whereas, notice of the adoption time and place when objections tutes an emergency measure provid- of the above vacation was served would be heard before the Board of ing for the usual daily operation of on the abutting property owners Revision of Assessments; and a municipal department; now, there- affected by the resolution which Whereas, on June 19, 2009 the fore, stated a time and place when ob- Board of Revision of Assessments Be it ordained by the Council of jections would be heard before the approved the above vacation under the City of Cleveland: Board of Revision of Assessments; the provisions of Section 176 of the Section 1. That the Director of Pub- and Charter of the City of Cleveland; and lic Health is authorized to apply for Whereas, on June 19, 2009 the Whereas, this Council is satisfied and accept a grant in the ap- Board of Revision of Assessments that there is good cause for vacat- proximate amount of $154,775, and approved the above vacation under ing a portion of the above and that any other funds that may become the provisions of Section 176 of the it will not be detrimental to the gen- available during the grant term from Charter of the City of Cleveland; eral interest and that it should be the Cleveland Foundation to conduct made; and the Making Greater Cleveland Lead and Whereas, this ordinance consti- Safe Program; that the Director is Whereas, this Council is satisfied tutes an emergency measure provid- authorized to file all papers and exe- that there is good cause for vacat- ing for the usual daily operation of cute all documents necessary to ing a portion of the above and that a municipal department; now, there- receive the funds under the grant; it will not be detrimental to the gen- fore, and that the funds are appropriated eral interest and that it should be Be it ordained by the Council of for the purposes described in the made; and the City of Cleveland: summary for the grant contained in Whereas, this ordinance consti- Section 1. That this Council de- the file described below. tutes an emergency measure provid- clares that the following described Section 2. That the summary for ing for the usual daily operation of real property is vacated: the grant, File No. 1060-09-A, made a a municipal department; now, there- Being all that portion of the first part of this ordinance as if fully fore, un-named alley (12 feet wide) North rewritten, as presented to the Be it ordained by the Council of of Woodland Avenue (80 feet wide) Finance Committee of this Council the City of Cleveland: extending Easterly and Westerly at the public hearing on this legis- Section 1. That this Council de- from the Easterly and Westerly lation, is approved in all respects clares that the following described lines of East 81st Street (33 feet and shall not be changed without real property is vacated: wide) to the Easterly and Westerly additional legislative authority. Situated in the City of Cleveland, lines of the Woodland Savings & Section 3. That the Director of County of Cuyahoga, and State of Loan Company Re-Subdivision as Public Health shall have the author- Ohio and known as being all that shown by the recorded plat in Vol- ity to extend the term of the grant portion of the first un-named alley ume 28, Page 24 of Cuyahoga Coun- during the grant term. (16.5 feet wide) East of Warner ty map records. Section 4. That the Director of Legal Description approved by Public Health is authorized to enter Road S.E. (49.5 feet wide) extending Greg Esber, Section Chief, Plats, Sur- into one or more contracts with var- Southerly from the Southerly line of veys and House Numbering Section. ious agencies, entities, or individu- Tioga Avenue S.E. (40 feet wide) to Section 2. That there is reserved to als to implement the grant as its Southerly terminus. the City of Cleveland an easement of described in the file. Legal Description approved by full width as described above for CEI Section 5. That the Director of Greg Esber, Section Chief, Plats, (Illuminating Company). Public Health is authorized to enter Surveys and House Numbering Sec- That no structures shall be erect- into one or more contracts with tion. ed on the premises described in this Cuyahoga County Board of Health Section 2. That provided all re- easement except those constructed to provide training, planning and quired approvals have been ob- under the approval of, and in com- execution of a community-wide tained, the Commissioner of Engi- pliance with, plans approved by CEI response to Cleveland’s lead poison- neering and Construction is directed (Illuminating Company) and the ing problem, including but not lim- to record the vacation plat in the City of Cleveland. ited to, assessing and renovating office of the Recorder of Cuyahoga Section 3. That provided all re- lead hazards. County. quired approvals have been ob- Section 6. That the cost of the con- Section 3. That the Clerk of Coun- tained, the Commissioner of Engi- tract or contracts authorized by this cil is directed to transmit a copy of neering and Construction is directed ordinance shall be paid from the this ordinance to the Auditor of to record the vacation plat in the fund or funds which are credited the Cuyahoga County. office of the Recorder of Cuyahoga grant proceeds accepted under this Section 4. That this ordinance is County. ordinance. declared to be an emergency mea- Section 4. That the Clerk of Coun- Section 7. That this ordinance is cil is directed to transmit a copy of declared to be an emergency mea- sure and, provided it receives the this ordinance to the Auditor of sure and, provided it receives the affirmative vote of two-thirds of all Cuyahoga County. affirmative vote of two-thirds of all the members elected to Council, it Section 5. That this ordinance is the members elected to Council, it shall take effect and be in force declared to be an emergency mea- shall take effect and be in force immediately upon its passage and sure and, provided it receives the immediately upon its passage and approval by the Mayor; otherwise it affirmative vote of two-thirds of all approval by the Mayor; otherwise it shall take effect and be in force the members elected to Council, it shall take effect and be in force from and after the earliest period shall take effect and be in force from and after the earliest period allowed by law. immediately upon its passage and allowed by law. Referred to Directors of Public approval by the Mayor; otherwise it Referred to Directors of Public Service, City Planning Commission, shall take effect and be in force Health, Finance, Law; Committees Finance, Law; Committees on Public from and after the earliest period on Health and Human Services, Service, City Planning, Finance. allowed by law. Finance. 1475 10 The City Record August 12, 2009

Ord. No. 1061-09. P. P. No. 106-07-079 Community Development under the By Council Member Dow. Situated in the City of Cleveland, terms of Chapter 5722 of the Ohio An emergency ordinance authoriz- County of Cuyahoga and State of Revised Code and Section 183.021 of ing the sale of real property as part Ohio, and known as being Sublot Codified Ordinances of the City of of the Land Reutilization Program No. 33 in Walton Brothers and Cleveland, 1976; and and located on East 82nd Street to Hick’s Subdivision of part of Orig- Whereas, this ordinance consti- Cleve Covington, Jr. inal One Hundred Acre Lot No. 383, tutes an emergency measure provid- Whereas, the City of Cleveland as shown by the recorded plat in ing for the usual daily operation of has elected to adopt and implement Volume 13 of Maps, Page 48 of a municipal department; now, there- the procedures under Chapter 5722 Cuyahoga County Records, and fore, of the Ohio Revised Code to facili- being 40 feet front on the Wester- Be it ordained by the Council of tate reutilization of nonproductive ly side of East 82nd Street, (for- the City of Cleveland: lands situated within the City of merly Genessee Avenue), and Section 1. That under Section Cleveland; and extending back of equal width 150 183.021 of the Codified Ordinances of Whereas, real property acquired feet, as appears by said plat, be Cleveland, Ohio 1976, the Commis- under the City’s Land Reutilization the same more or less, but subject sioner of Purchases and Supplies is Program is acquired, held, adminis- to all legal highways. authorized to sell the real property, tered and disposed by the City of Also subject to all zoning ordi- more fully described below, to Juan Cleveland through its Department of nances, if any. A. Munoz. Community Development under the Section 3. That all documents nec- Section 2. That the real property terms of Chapter 5722 of the Ohio essary to complete the conveyance to be sold pursuant to this ordinance Revised Code and Section 183.021 of authorized by this ordinance shall is more fully described as follows: Codified Ordinances of the City of be executed within six (6) months Cleveland, 1976; and of the effective date of this ordi- P. P. No. 007-07-066 Whereas, this ordinance consti- nance. If all of the documents are Situated in the City of Cleveland, tutes an emergency measure provid- not executed within six (6) months County of Cuyahoga and State of ing for the usual daily operation of of the effective date of this ordi- Ohio indicated on the County Audi- a municipal department; now, there- nance, or such additional time as tor’s Records as Permanent Number fore, may be granted by the Director of 7-07-066, and known as being all of Be it ordained by the Council of Community Development, this ordi- Sublot No. 5 ALL in the Averill & the City of Cleveland: nance shall be repealed and shall be Bradford Subdivision of part of Section 1. That pursuant to Sec- of no further force or effect. Original Township Lot 53 as shown tion 183.021 of the Codified Ordi- Section 4. That the consideration by the recorded plat in Volume 4 nances of Cleveland, Ohio 1976, the for the subject parcel shall be estab- of Maps, Page 9 of Cuyahoga Coun- Commissioner of Purchases and Sup- lished by the Board of Control and ty Records, be the same more or plies is hereby authorized to sell shall be not less than Fair Market less, but subject to all legal high- Permanent Parcel No(s). 106-07-077, Value taking into account such ways. 106-07-078 and 106-07-079, as more terms and conditions, restrictions Also subject to zoning ordinances, fully described below, to Cleve Cov- and covenants as are deemed nec- if any. ington, Jr. essary or appropriate. Section 3. That all documents Section 2. That the real property Section 5. That the conveyance necessary to complete the con- to be sold pursuant to this ordinance authorized hereby shall be made by veyance authorized by this ordi- is more fully described as follows: official deed prepared by the Direc- nance shall be executed within six tor of Law and executed by the (6) months of the effective date of P. P. No. 106-07-077 Mayor on behalf of the City of this ordinance. If all of the docu- Situated in the City of Cleveland, Cleveland. The deed shall contain ments are not executed within six County of Cuyahoga and State of such provisions as may be necessary (6) months of the effective date of Ohio, and known as being Sublot No. to protect and benefit the public this ordinance, or such additional 35 in Walton Brothers and Hicks interest including such restrictive time as may be granted by the Subdivision of part of Original One covenants and reversionary inter- Director of Community Develop- Hundred Acre Lot No. 383, as shown by the recorded plat in Volume 13 ests as may be specified by the ment, this ordinance shall be of Maps, Page 48 of Cuyahoga Coun- Board of Control, the Director of repealed and shall be of no further ty Records and being 40 feet front Community Development or the force or effect. on the Westerly side of East 82nd Director of Law. Section 4. That the consideration Street (formerly Genesee Avenue) Section 6. That this ordinance is for the subject parcel shall be estab- and extending back of equal width hereby declared to be an emergency lished by the Board of Control and 150 feet, as appear by said plat. measure and, provided it receives shall be not less than Fair Market Subject to Zoning Ordinances, if the affirmative vote of two-thirds of Value taking into account such any. all the members elected to Council, terms and conditions, restrictions it shall take effect and be in force and covenants as are deemed nec- P. P. No. 106-07-078 immediately upon its passage and essary or appropriate. Situated in the City of Cleveland, approval by the Mayor; otherwise it Section 5. That the conveyance County of Cuyahoga and State of shall take effect and be in force authorized hereby shall be made by Ohio, and known as being Sublot No. from and after the earliest period official deed prepared by the Direc- 34 in Walton Brothers and Hicks allowed by law. tor of Law and executed by the Allotment of part of Original One Referred to Directors of Commu- Mayor on behalf of the City of Cleve- Hundred Acre Lot No. 383, as shown nity Development, City Planning land. The deed shall contain such by the recorded plat of said Allot- Commission, Finance, Law; Commit- provisions as may be necessary to ment in Volume 13 of Maps, Page 48 tees on Community and Economic protect and benefit the public inter- of Cuyahoga County Records, and Development, Finance. est including such restrictive cove- being 40 feet front on the Westerly nants and reversionary interests as side of East 82nd Street (formerly Ord. No. 1062-09. may be specified by the Board of Genesee Avenue) and extending By Council Member Santiago. Control, the Director of Community back of equal width 150 feet, as An emergency ordinance authoriz- Development or the Director of Law. appears by said plat, be the same ing the sale of real property as part Section 6. That this ordinance is more or less, but subject to all legal of the Land Reutilization Program hereby declared to be an emergency highways. and located on Bailey Avenue to measure and, provided it receives Also subject to all zoning ordi- Juan A. Munoz. the affirmative vote of two-thirds of nances, if any. Whereas, the City of Cleveland all the members elected to Council, Subject to: Building line recited in has elected to adopt and implement it shall take effect and be in force Volume 469, Page 19 of Cuyahoga the procedures under Chapter 5722 immediately upon its passage and County Records filed January 24, 1890. of the Ohio Revised Code to facili- approval by the Mayor; otherwise it Subject to: Easement recited in tate reutilization of nonproductive shall take effect and be in force Volume 5285, Page 234 of Cuyahoga lands situated within the City of from and after the earliest period County Records filed September 9, Cleveland; and allowed by law. 1941. Whereas, real property acquired Referred to Directors of Commu- Subject to: Urban Renewal Project under the City’s Land Reutilization nity Development, City Planning recited in Volume 111, Page 9 of Program is acquired, held, adminis- Commission, Finance, Law; Commit- Cuyahoga County Records filed tered and disposed by the City of tees on Community and Economic April 6, 1965. Cleveland through its Department of Development, Finance. 1476 August 12, 2009 The City Record 11

Ord. No. 1063-09. Mayor on behalf of the City of Section 2. That the Director of By Council Member Wilkes. Cleveland. The deed shall contain Community Development is autho- An emergency ordinance authoriz- such provisions as may be necessary rized to execute on behalf of the ing the sale of real property as part to protect and benefit the public City of Cleveland all necessary doc- of the Land Reutilization Program interest including such restrictive uments to acquire and to convey the and located on East 86th Street to covenants and reversionary inter- property and to employ and pay all David G. Moeller. ests as may be specified by the fees for title companies, surveys, Whereas, the City of Cleveland Board of Control, the Director of escrows, appraisers, environmental has elected to adopt and implement Community Development or the audits, and all other costs necessary the procedures under Chapter 5722 Director of Law. for the acquisition of the property. of the Ohio Revised Code to facili- Section 6. That this ordinance is Section 3. That the consideration tate reutilization of nonproductive hereby declared to be an emergency to be paid for this property shall not lands situated within the City of measure and, provided it receives exceed $10.00, and other valuable Cleveland; and the affirmative vote of two-thirds of consideration, determined to be fair Whereas, real property acquired all the members elected to Council, market value. under the City’s Land Reutilization it shall take effect and be in force Section 4. That all costs of acqui- Program is acquired, held, adminis- immediately upon its passage and sition of land shall be paid from tered and disposed by the City of approval by the Mayor; otherwise it Fund No. 14. Cleveland through its Department of shall take effect and be in force Section 5. That this Council finds Community Development under the from and after the earliest period that the conveyance to the Redevel- terms of Chapter 5722 of the Ohio allowed by law. oper constitutes a public use of the Revised Code and Section 183.021 of Referred to Directors of Commu- property for the purposes of rede- Codified Ordinances of the City of nity Development, City Planning velopment. Cleveland, 1976; and Commission, Finance, Law; Commit- Section 6. That at the direction of Whereas, this ordinance consti- tees on Community and Economic the Board of Control, the Commis- tutes an emergency measure provid- Development, Finance. sioner of Purchases and Supplies is ing for the usual daily operation of authorized to convey the property a municipal department; now, there- Ord. No. 1064-09. previously described in this ordi- fore, By Council Members Cimperman, nance to the Redeveloper, for $10.00, Be it ordained by the Council of Brancatelli and Sweeney (by depart- and other valuable consideration, the City of Cleveland: mental request). which is determined to be fair mar- Section 1. That under Section An emergency ordinance authoriz- ket value by the Board of Control, 183.021 of the Codified Ordinances of ing the Commissioner of Purchases taking into account all restrictions, Cleveland, Ohio 1976, the Commis- and Supplies to purchase property reversionary interests and similar sioner of Purchases and Supplies is for future redevelopment at 2227 encumbrances placed by the City of authorized to sell the real property, Payne Avenue, for the Department Cleveland in the deed of con- more fully described below, to David of Community Development; and veyance. G. Moeller. authorizing the Commissioner of Section 7. That the conveyance Section 2. That the real property Purchases and Supplies to convey shall be made by official deed pre- to be sold pursuant to this ordinance the property to EDEN, Inc., or its pared by the Director of Law and is more fully described as follows: designee, which is not needed for executed by the Mayor on behalf of public use; and authorizing the the City of Cleveland. The deed P. P. No. 133-28-031 Director of Community Development shall contain necessary provisions, Situated in the City of Cleveland, to enter into a development agree- including restrictive reversionary County of Cuyahoga and State of ment with EDEN, Inc., or its interests as may be specified by Ohio and known as baling all of designee. the Board of Control or Director of Sublot No. 65 in Justus Hamilton’s Whereas, the Director of Commu- Law, which shall protect the par- Subdivision of part of Original One nity Development has requested the ties as their respective interests Hundred Acre Lot Nos. 455 and 456 sale of the property to EDEN, Inc., require and shall specifically con- as shown by the recorded plat in or its designee, (the “Redeveloper”) tain a provision against the erec- Volume 2 of Maps, Page 35 of Cuya- for the public purpose of future hoga County Records, and being redevelopment of the property; and tion of any advertising signs or 62.50 feet front on the Easterly side Whereas, this ordinance consti- billboards except permitted identi- of East 86th Street and extending tutes an emergency measure provid- fication signs. back 178.50 feet deep on the Norther- ing for the usual daily operation of Section 8. That notwithstanding ly line, 177.25 feet deep on the South- a municipal department; now, there- and as an exception to the provi- erly line and having a rear line of fore, sions of Chapter 181 and 183 of the 62.50 feet, as appears by said plat, Be it ordained by the Council of Codified Ordinances of Cleveland, be the same more or less, but sub- the City of Cleveland: Ohio, 1976, it is found and deter- ject to all legal highways. Section 1. That notwithstanding mined that the properties described Subject to Zoning Ordinances, if and as an exception to the provi- in this ordinance are no longer need- any. sions of Chapter 181 and 183 of the ed for public use. Section 3. That all documents Codified Ordinances of Cleveland, Section 9. That notwithstanding necessary to complete the con- Ohio, 1976, the Commissioner of Pur- and as an exception to any section veyance authorized by this ordi- chases and Supplies is authorized to of the Codified Ordinances of Cleve- nance shall be executed within six purchase the following described land, Ohio, 1976, the Director of Com- (6) months of the effective date of property for future redevelopment: munity Development is authorized this ordinance. If all of the docu- to enter into a development agree- ments are not executed within six PPN: 102-25-044 ment with the Redeveloper, for the (6) months of the effective date of Situated in the City of Cleveland, acquisition, disposition, and private this ordinance, or such additional County of Cuyahoga, and State of redevelopment of the property time as may be granted by the Ohio, and known as being the East- described above. Director of Community Develop- erly 26 feet of Sublot Number 196 Section 10. That this ordinance is ment, this ordinance shall be and all of Sublot Number 197 in O.H. declared to be an emergency mea- repealed and shall be of no further Payne’s Allotment of part of Origi- sure and, provided it receives the force or effect. nal 10 Acre Lots Numbers 108, 109, affirmative vote of two-thirds of all Section 4. That the consideration and 110, as shown by the recorded the members elected to Council, it for the subject parcel shall be estab- Plat in Volume 15 of maps, Page 7 shall take effect and be in force lished by the Board of Control and of Cuyahoga County Records, and immediately upon its passage and shall be not less than Fair Market forming a parcel of land 68 feet approval by the Mayor; otherwise it Value taking into account such front on the Northerly side of Payne shall take effect and be in force terms and conditions, restrictions Avenue and extending back be- from and after the earliest period and covenants as are deemed nec- tween parallel lines 150 feet as ap- allowed by law. essary or appropriate. pears by said plat be the same more Referred to Directors of Commu- Section 5. That the conveyance or less, but subject to all legal high- nity Development, City Planning authorized hereby shall be made by ways. Commission, Finance, Law; Commit- official deed prepared by the Direc- Address 2227 Payne Avenue, tees on Community and Economic tor of Law and executed by the Cleveland, Ohio. Development, City Planning, Finance. 1477 12 The City Record August 12, 2009

Ord. No. 1065-09. Thence South 89° 23' 30" West 01-001 recorded in Volume 318, Page By Council Members Johnson, Bran- continuing along the Northerly line 1 of Cuyahoga County Map Records. catelli, Cimperman and Sweeney (by of said Lorenz Sanda Subdivision Section 2. That the Director of departmental request). No. 2, 220.00 feet to a 5/8" iron pin Community Development is autho- An emergency ordinance authoriz- set, and the principal point of begin- rized to execute on behalf of the ing the Commissioner of Purchases ning of the premises herein City of Cleveland all necessary doc- and Supplies to purchase property described; uments to acquire and to convey the for future redevelopment at 3090 Thence South 89° 23' 30" West property and to employ and pay all Livingston Road, for the Depart- continuing along the Northerly line fees for title companies, surveys, ment of Community Development; of said Lorenz Sanda Subdivision escrows, appraisers, environmental and authorizing the Commissioner No. 2, 479.96 feet to a 5/8" iron pin audits, and all other costs necessary of Purchases and Supplies to convey set on the Easterly line of Sublot No. for the acquisition of the property. the property to LPA Associates Lim- 128 in said Subdivision; Section 3. That the consideration ited Partnership, or its designee, Thence North 00° 04' 20" East to be paid for this property shall not which is not needed for public use; along the Easterly line of Sublot exceed $10.00, and other valuable and authorizing the Director of Com- Nos. 128 and 127 in said Subdivision, consideration, determined to be fair munity Development to enter into a 75.24 feet to a 5/8" iron pin set at market value. development agreement with LPA the Northeasterly corner of said Section 4. That all costs of acqui- Associates Limited Partnership, or Sublot No. 127; sition of land shall be paid from its designee. Fund No. 14. Thence South 89° 23' 30" West Whereas, the Director of Commu- Section 5. That this Council finds along the Northerly line of said nity Development has requested the that the acquisition by the City and sublot No. 127, 1.61 feet to a 5/8" purchase of property from the De- conveyance to the Redeveloper con- iron pin set at the southeasterly cor- partment of Housing and Urban De- stitutes a public use of the property ner of the Parkhill Subdivision No. velopment (“HUD”) known as Liv- for the purposes of redevelopment. 2 of part of Original 100 Acre Lot ingston Apartments at 3090 Living- Section 6. That at the direction of No. 437 as shown by the recorded ston Road and the subsequent sale the Board of Control, the Commis- plat in Volume 55, Page 4 of Cuya- of the property to LPA Associates sioner of Purchases and Supplies is hoga County Map Records; Limited Partnership, or its designee authorized to convey the property Thence North 00° 02' 37" West (the “Redeveloper”) for the public previously described in this ordi- along said Easterly line of the purpose of future redevelopment; nance to the Redeveloper for $10.00, Parkhill Subdivision No. 2 and the and and other valuable consideration, Easterly line of the Parkhill Subdi- Whereas, HUD is willing to sell which is determined to be fair mar- vision of Original 100 Acre Lot No. the properties through a negotiated ket value by the Board of Control, 437 as shown by the recorded plat sale, rather than an auction, but taking into account all restrictions, in Volume 53, Page 31 of Cuyahoga under current federal law, HUD may reversionary interests and similar County map Records, and the east- only sell the property through a encumbrances placed by the City of erly line of the Rice heights Allot- negotiated sale to a local govern- Cleveland in the deed of con- ment; and ment of part of original 100 Acre Lot veyance. Whereas, the City of Cleveland is No. 437 as shown by the recorded Section 7. That the conveyance willing to acquire the property, at a plat in Volume 48, Page 2 of Cuya- shall be made by official deed pre- cost to the City of $10.00, and imme- hoga County map Records, 695.02 pared by the Director of Law and diately convey it to the Redevelop- feet to a 5/8" iron pin set on the executed by the Mayor on behalf of er for a cost of $10.00 for future Southerly line of Griffing Avenue the City of Cleveland. The deed redevelopment; and (50 feet wide); shall contain necessary provisions, Whereas, this ordinance consti- Thence South 89° 55' 37" East including restrictive reversionary tutes an emergency measure provid- along said Southerly line of Griffing interests as may be specified by the ing for the usual daily operation of Avenue 288.47 feet to a 5/8" iron pin Board of Control or Director of Law, which shall protect the parties as a municipal department; now, there- set at the Westerly end of a curved their respective interests require fore, turnout between said Southerly line and shall specifically contain a pro- Be it ordained by the Council of of Griffing Avenue and the South- vision against the erection of any the City of Cleveland: westerly line of Livingston Road (70 advertising signs or billboards ex- Section 1. That notwithstanding feet wide); cept permitted identification signs. and as an exception to the provi- Thence along said curved turnout Section 8. That notwithstanding sions of Chapter 181 and 183 of the deflecting to the right, an arc of and as an exception to the provi- Codified Ordinances of Cleveland, 128.21 feet to the Southwesterly line sions of Chapter 181 and 183 of the Ohio, 1976, the Commissioner of of Livingston Road, said curve hav- Codified Ordinances of Cleveland, Purchases and Supplies is autho- ing a radius of 150.00 feet and a Ohio, 1976, it is found and deter- rized to purchase the following chord which bears South 65° 26' 23" East, 124.35 feet to a 5/8" iron pin mined that the properties described described property for future rede- in this ordinance are no longer need- velopment: set; Thence South 40° 57' 10" East ed for public use. Section 9. That notwithstanding along said Southwesterly line of Liv- LIVINGSTON LEGAL and as an exception to any section ingston Road, 402.88 feet to a 5/8" Situated in the City of Cleveland, of the Codified Ordinances of Cleve- iron pin set at a curved turnout to County of Cuyahoga, State of Ohio land, Ohio, 1976, the Director of Com- aforesaid East 135th Street; and known as being part of origi- munity Development is authorized Thence along the curved turnout nal 100 Acre Lot No. 438 and bound- to enter into a development agree- to East 135th street deflecting to the ed and described as follows: ment with the Redeveloper, for the right, an arc of 95.91 feet, said curve Beginning at a drill hole in a acquisition, disposition, and private stone monument found at the inter- having a radius of 150.00 feet and a redevelopment of the property section of the centerlines of East chord that bears South 22° 38' 09" described above. 135th Street (formerly East 129th East, 94.28 feet to a 5/8" iron pin Section 10. That this ordinance is Street) (50 feet wide) and Lorenzo set; declared to be an emergency mea- Avenue (50 feet wide); Thence South 89° 23' 30" West, sure and, provided it receives the Thence North 00° 04' 11" East 219.58 feet to a 5/8" iron pin set; affirmative vote of two-thirds of all along the centerline of East 135th Thence South 00° 04' 11" West, the members elected to Council, it Street, 145.00 feet to a point; 320.00 feet to the principal point of shall take effect and be in force Thence South 89° 23' 30" West, 25 beginning and containing 9.1351 immediately upon its passage and feet to a 5/8" iron pin set on the acres of land as calculated and approval by the Mayor; otherwise it Westerly line of East 135th Street, described by Edward Dudley, P.S. shall take effect and be in force said point also being the Northeast- No. 6747 of the The North Coast from and after the earliest period erly corner of Sublot No. 151 of the Engineering & Surveying Company, allowed by law. Lorenz Sanda Subdivision No. 2 of Inc., in November of 2001, be the Referred to Directors of Commu- part of Original 100 Acre Lot Nos. same more or less, but subject to all nity Development, City Planning 437 and 438 as shown on the record- legal highways. Commission, Finance, Law; Commit- ed plat in Volume 47, Page 21 of The above parcel also known as tees on Community and Economic Cuyahoga County Map Records; Parcel 1 in Plat of Lot Split for 144- Development, City Planning, Finance. 1478 August 12, 2009 The City Record 13

Ord. No. 1066-09. Thence westerly along said east- vision shown on the recorded plat in By Council Members Brancatelli erly prolongation of said centerline Volume 67, Page 5 of Cuyahoga and Sweeney (by departmental re- of Hirst Avenue to its intersection County Map Records, said parcel quest). with the northerly prolongation of also being know as Cuyahoga Coun- An emergency ordinance authoriz- the westerly line of Sublot No. 128 ty’s Permanent Parcel Number 019- ing the Director of Economic Devel- in the N. Moses Subdivision shown 19-035; opment to enter into a grant agree- on the recorded plat in Volume 16, Thence southerly along said pro- ment with the Greater Cleveland Page 11; longation of said easterly line to its Media Development Corporation dba Thence southerly along said north- intersection with the northerly line Greater Cleveland Film Commission erly prolongation and said westerly of Sublot No. 3 in the aforemen- to assist in the operations of the line and continuing along its south- tioned Homesite No. 7 Subdivision, organization and to create a new erly prolongation to its intersection said parcel also being know as marketing initiative to promote the with the centerline of Emery Ave- Cuyahoga County’s Permanent Par- City of Cleveland as a venue for nue; cel Number 019-19-038; film, television, and commercial pro- Thence easterly along said cen- Thence westerly along said north- ductions. terline of Emery Avenue and con- erly line to its intersection with the Whereas, this ordinance consti- tinuing along its easterly prolonga- westerly line thereof; tutes an emergency measure provid- tion to its intersection with the cen- Thence southerly along said west- ing for the usual daily operation of terline of Bellaire Road; erly line to its intersection with the a municipal department; now, there- Thence southerly along said cen- northerly line of Sublot No. 53 in the fore, terline of Bellaire Road to its inter- aforementioned Homesite No. 7 Sub- Be it ordained by the Council of section with the easterly prolonga- division, said parcel also being the City of Cleveland: tion of the northerly line of Sublot know as Cuyahoga County’s Perma- Section 1. That the Director of No. 146 in the Guardian Subdivision nent Parcel Number 019-19-039; Economic Development is autho- shown on the recorded plat in Vol- Thence westerly along said north- rized to enter into a grant agree- ume 65, Page 9 of Cuyahoga Coun- erly line to its intersection with the ment with the Greater Cleveland ty Map Records; said parcel also westerly line thereof; Media Development Corporation dba being know as Cuyahoga County’s Thence southerly along said west- Greater Cleveland Film Commission Permanent Parcel Number 019-17-021; erly line and along its southerly pro- to assist in the operations of the Thence westerly along said east- longation to its intersection with the organization and to create a new erly prolongation of said northerly centerline of Kadel Avenue; marketing initiative to promote the line and continuing along its west- Thence westerly along said cen- City of Cleveland as a venue for erly prolongation to its intersection terline of Kadel Avenue to its inter- film, television, and commercial pro- with the northerly prolongation of section with the northerly prolonga- ductions. the centerline of a 10 foot wide tion of the westerly line of Sublot Section 2. That the costs of the unnamed alley; No. 59 in the aforementioned Home- grant shall not exceed One Hun- Thence southerly along said pro- site No 7 Subdivision, said parcel dred Eighty-Five Thousand Dollars longation of said centerline of said also being know as Cuyahoga Coun- ($185,000.00) and shall be paid from unnamed alley to its intersection ty’s Permanent Parcel Number 019- Fund No. 17 SF 652, Request No. with the centerline of Guardian 19-077; 123971. Boulevard; Thence southerly along said north- Section 3. That the Director of Thence westerly along said center- erly prolongation of said westerly Law is authorized to prepare the line of Guardian Boulevard to its line to its intersection with the grant agreement and other docu- intersection with the northerly pro- northerly line of Sublot No. 58 in the ments that may be appropriate to longation of the easterly line of aforementioned Homesite No. 7 Sub- complete the transaction. Sublot No. 248 in the aforementioned division; Section 4. That this ordinance is Guardian Subdivision, said parcel Thence westerly along said north- declared to be an emergency mea- also being know as Cuyahoga Coun- erly line to its intersection with the sure and, provided it receives the ty’s Permanent Parcel Number 019- westerly line thereof; affirmative vote of two-thirds of all 17-048; Thence southerly along said west- the members elected to Council, it Thence southerly along said north- erly line to its intersection with the shall take effect and be in force erly prolongation of said easterly southerly line thereof; immediately upon its passage and line to its intersection with the Thence westerly along said south- approval by the Mayor; otherwise it southerly line thereof; erly line and along its westerly pro- shall take effect and be in force Thence westerly along said south- longation to its intersection with the from and after the earliest period erly line and along its westerly pro- easterly line of Sublot No. 255 in the allowed by law. longation to its intersection with the Joseph Schrimshaw Subdivision Not Referred to Directors of Economic easterly line of Sublot No. 43 in the Recorded; Development, Finance, Law; Com- aforementioned Guardian Subdivi- Thence southerly along said east- mittees on Community and Eco- sion, said parcel also being know as erly line and along its southerly pro- nomic Development, Finance. Cuyahoga County’s Permanent Par- longation to its intersection with the cel Number 019-17-046; centerline of Wanda Avneue; Ord. No. 1069-09. Thence southerly along said east- Thence westerly along said cen- By Council Member Brady. erly line and along its southerly pro- terline of Wanda Avenue to its An emergency ordinance to amend longation to its intersection with the intersection with the northeasterly the title and Sections 1, 2, 3, 4, 5, centerline of Matherson Avenue; prolongation of the northwesterly and 6 of Ordinance No. 556-09, passed Thence westerly along said cen- line of Sublot No. 248 in the afore- June 1, 2009, relating to changing terline of Matherson to its intersec- mentioned Joseph Schrimshaw Sub- the zoning of lands on the east and tion with the northerly prolongation division; west sides of Bellaire road between of the easterly line of Sublot No. 58 Thence southwesterly along said Hirst Avenue and West 130th Street. in the Domal Land Co. Subdivision northeasterly prolongation of said Whereas, this ordinance consti- shown on the recorded plat in Vol- northwesterly line and continuing tutes an emergency measure provid- ume 25, Page 20 of Cuyahoga Coun- along its southwesterly prolongation ing for the usual daily operation of ty Map Records, said parcel also to its intersection with the center- a municipal department; now, there- being know as Cuyahoga County’s line of West 129th Street; fore, Permanent Parcel Number 019-17-031; Thence southeasterly along said Be it ordained by the Council of Thence southwesterly along said centerline of West 129th Street and the City of Cleveland: prolongation of said easterly line along its southeasterly prolongation Section 1. That the title and Sec- and along its southwesterly prolon- to its intersection with the center- tions 1, 2, 3, 4, 5, and 6 of Ordinance gation to its intersection with the line of Bellaire Road; No. 556-09, passed June 1, 2009 are easterly line of Sublot No. 112 in the Thence southwesterly along said amended to read as follows: aforementioned Domal Land Co. Sub- centerline of Bellaire Road to its An Ordinance to change the zon- division, said parcel also being know intersection with the northerly pro- ing of lands on the east and west as Cuyahoga County’s Permanent longation of the southwesterly line sides of Bellaire Road between Parcel Number 019-17-003; of Sublot No. 3 in the Highview Sub- Hirst Avenue and West 130th Street Thence southerly along said east- division shown on the recorded plat as shown on the attached map. erly line and continuing along its in Volume 83, Page 27 of Cuyahoga (Map Change No. 2276, Sheet 2 & 12) southerly prolongation to its inter- County Map Records, said parcel Section 1. That the Use and Area section with the centerline of Leeila also being know as Cuyahoga Coun- District of lands bounded and Avenue; ty’s Permanent Parcel Number 019- described as follows: Thence westerly along said cen- 21-112; Beginning in the centerline of Bel- terline of Leeila Avenue to its inter- Thence southeasterly along said laire Road at its intersection with section with the northerly prolonga- prolongation and said southwesterly the easterly prolongation of the cen- tion of the easterly line of Sublot line to its intersection with the east- terline of Hirst Avenue; NO. 4 in the Homesite No. 7 Subdi- erly line thereof; 1479 14 The City Record August 12, 2009

Thence northerly along said east- Thence easterly along said cen- Beginning in the centerline of Bel- erly line and along its northerly pro- terline of Leeila Avenue to its inter- laire Road at its intersection with longation to its intersection with the section with the southerly prolonga- the centerline of Leeila Avenue; centerline of Firsby Avenue; tion of the centerline of a 12 foot Thence easterly along said cen- Thence easterly along said cen- wide Unnamed Alley; terline of Leeila Avenue and along terline of Firsby Avenue to its inter- Thence northeasterly and norther- its easterly prolongation to its inter- section with the southwesterly pro- ly along said prolongation of said section with the centerline of the longation of the southeasterly line centerline and along its northerly Cleveland, Cincinnati, Chicago and of Sublot No. 6 in the aforemen- prolongation to its intersection with St. Louis Railroad (C.C.C & St. L. tioned Highview Subdivision, said the centerline of Matherson Avenue; R.R); parcel also being know as Cuyahoga Thence easterly along said cen- Thence southwesterly along said County’s Permanent Parcel Number terline of Matherson Avenue to its centerline of said C.C.C. & St. L. 019-21-049; intersection with the southerly pro- Railroad to its intersection with the Thence northeasterly along said longation of the westerly line of easterly prolongation of the center- southwesterly prolongation of said Sublot No. 183 in the Domal Land line of Wanda Avenue 60 feet wide; southeasterly line to its intersection Co. Subdivision shown on the record- Thence westerly along said center- with the northeasterly line thereof; ed plat in Volume 25, Page 20 of line of Wanda Avenue to its inter- Thence northwesterly along said Cuyahoga County Map Records, said section with the southerly prolonga- northeasterly line and continuing parcel also being know as Cuyahoga tion of the easterly line of Sublot No. along its northwesterly prolongation County’s Permanent Parcel Number 46 in the Bellaire Subdivision shown to its intersection with the center- 019-18-080; on the recorded plat in Volume 238, line of Bellaire Road; Thence northerly along said south- Page 32 of Cuyahoga County Map Thence northeasterly along said erly prolongation of said westerly Records, said parcel also being know centerline of Bellaire Road to the line to its intersection with the as Cuyahoga County’s Permanent northwesterly prolongation of the southerly line of Sublot No. 136 in Parcel Number 019-20-048; southwesterly line of Sublot Number the Guardian Subdivision shown on Thence northerly along said south- 9 in the aforementioned Highview the recorded plat in Volume 65, erly prolongation of said easterly Subdivision; Page 9 of Cuyahoga County Map line and continuing along its Thence southeasterly along said Records; northerly prolongation to its inter- northwesterly prolongation of said Thence easterly along said south- section with the centerline of Leeila southwesterly line to its intersection erly line to its intersection with the Avenue; with the southeasterly line thereof; westerly line of Sublot No. 130 in the Thence westerly along said cen- Thence northeasterly along said aforementioned Guardian Subdivi- terline of Leeila Avenue to its inter- southeasterly line and continuing sion; section with the northerly prolonga- along its northeasterly prolongation Thence northerly along said west- tion of the westerly line of Sublot to its intersection with the westerly erly line and along its northerly pro- No. 1 in the aforementioned Bellaire line of Sulbot Number 142 in the longation to its intersection with the Gardens Subdivision, said parcel aforementioned Highview Subdivi- centerline of Guardian Boulevard; also being know as Cuyahoga Coun- sion, said parcel also being known Thence easterly along said cen- ty’s Permanent Parcel Number 019- as Cuyahoga County’s Permanent terline of Guardian Boulevard to its 20-004; Parcel Number 019-21-081; intersection with the southerly pro- Thence southerly along said north- Thence northerly along said west- longation of the westerly line of erly prolongation of said westerly erly line and continuing along its Sublot No. 96 in the aforementioned line and continuing along its south- northerly prolongation to its inter- Guardian Subdivision; erly prolongation to its intersection section with the centerline of Grims- Thence northerly along said south- with the centerline of Wanda Ave- by Avenue; erly prolongation of the westerly nue; Thence easterly along said cen- line of Sublot No. 96 to its intersec- Thence westerly along said cen- terline of Grimsby Avenue to it tion with the northerly line thereof; terline of Wanda Avenue and along intersection with the southwesterly Thence easterly along said north- its westerly prolongation to its prolongation of the southeasterly erly line and along its easterly pro- intersection with the centerline of line of Sublot No. 13 in the afore- longation to its intersection with the Bellaire Road; mentioned Highview Subdivision; westerly line of Sublot No. 84 in the Thence northeasterly along said Thence northeasterly along said aforementioned Guardian Subdivi- centerline of Bellaire Road to its southeasterly prolongation and con- sion; intersection with the centerline of tinuing along it northeasterly pro- Thence northerly along said west- Leeila Avenue and the principal longation to its intersection with the erly line and along its northerly pro- place of beginning; westerly line of Sublot No. 84 in the longation to its intersection with the and as indicated on the attached aforementioned Highview Subdivi- centerline of Brookfield Avenue; map is changed to a Multi-Family sion; Thence westerly along said cen- Residential District a ‘C’ Area Dis- Thence northerly along said west- terline of Brookfield to its intersec- trict, and a ‘2’ Height District (MF- erly line and along its northerly pro- tion with the centerline of Bellaire C2). longation to its intersection with the Road; Section 3. That the Use, Height centerline of Sobieski Avenue; Thence northeasterly along said and Area Districts of lands bounded Thence easterly along said cen- centerline of Bellaire Road to its and described as follows: terline of Sobieski Avenue to its intersection with the westerly pro- Beginning in the centerline of Bel- intersection with the southerly pro- longation of the southerly line of laire Road at its intersection with longation of the easterly line of the N. Moses Subdivision shown on the westerly prolongation of the cen- Sublot No. 55 in the aforementioned the recorded plat in Volume 16, terline of Firsby Avenue; Highview Subdivision, said parcel Page 11 of Cuyahoga County Map Thence easterly along said cen- also being know as Cuyahoga Coun- Records; terline of Firsby Avenue to its ty’s Permanent Parcel Number 019- Thence easterly along said south- intersection with the northerly pro- 22-118; erly line to its intersection with longation of the westerly line of Thence northerly along said south- the Cleveland/Linndale City Limits Sublot No. 199 in the Highview Sub- erly prolongation of said easterly line; division shown on the recorded plat line of Sublot No. 55 to its intersec- Thence northerly along said City in Volume 83, Page 27 of Cuyahoga tion with the southeasterly line of Limits line to its intersection with County Map Records, said parcel Sublot No. 23 in the aforementioned the centerline of West 120th Street; also being know as Cuyahoga Highview Subdivision; Thence northwesterly along said County’s Permanent Parcel Number Thence northeasterly along said centerline of West 120th Street and 019-21-113; southeasterly line to its intersection along its northwesterly prolongation Thence southerly along said north- with the westerly line of Sublot No. to its intersection with the center- erly prolongation of said westerly 86 in the aforementioned Highview line of Bellaire Road; line to its intersection with the Subdivision; Thence southwesterly along said southerly line thereof; Thence northerly along said west- centerline of Bellaire Road to its Thence easterly along said south- erly line and along its northerly pro- intersection with the easterly pro- erly line and continuing along its longation to its intersection with the longation of the centerline of Hirst easterly prolongation to its inter- centerline of Wanda Avenue; Avenue and the principal place of section with the westerly line of Thence westerly along said cen- beginning; Sublot No. 202 in the aforementioned terline of Wanda and along its west- and as shaded on the attached map Highview Subdivision, said parcel erly prolongation to its intersection is changed to a Local Retail Busi- also being know as Cuyahoga Coun- with the centerline of Bellaire Road; ness District (LR) and a ‘C’ Area ty’s Permanent Parcel Number 019- Thence northeasterly along said District. 21-116; Bellaire Road to its intersection Section 2. That the Use, Height Thence northerly along said west- with the centerline of Leeila Ave- and Area Districts of lands bounded erly line and continuing along its nue; and described as follows: northerly prolongation to its inter- 1480 August 12, 2009 The City Record 15 section with the centerline of Firs- intersection with the centerline of Ord. No. 1076-09. by Avenue; Bellaire Road to its intersection with By Council Members Conwell, Dow Thence westerly along said cen- the southerly prolongation of the and Sweeney (by departmental re- terline of Firsby Avenue and along westerly line of Sublot No. 63 in the quest). its westerly prolongation to its aforementioned Guardian Subdivision; An emergency ordinance to amend intersection with the centerline of Thence northerly along said south- Section 623.04 of the Codified Ordi- Bellaire Road; erly prolongation of said westerly nances of Cleveland, Ohio, 1976, as Thence northeasterly along said line to its intersection with the amended by Ordinance No. 791-09, centerline of Bellaire Road to its northerly line thereof: passed July 1, 2009, relating to crim- intersection with the westerly pro- Thence westerly along said north- inal trespass upon the land or premis- longation of the centerline of erly line and continuing along its es of another on which a vacant and Wanda Avenue; westerly prolongation to its inter- vandalized building is situated. Thence easterly along said cen- section with the centerline of Bel- Whereas, this ordinance consti- terline of Wanda Avenue to its laire Road: tutes an emergency measure provid- ing for the usual daily operation of intersection with the southerly pro- Thence northeasterly along said a municipal department; now, there- longation of the easterly line of centerline of Bellaire Road to its fore, Sublot No. 46 in the Bellaire Gardens intersection with the easterly pro- Be it ordained by the Council of Subdivision shown on the recorded longation of the centerline of Emery the City of Cleveland: plat in Volume 238, Page 32 of Cuya- Avenue and the principal place of Section 1. That Section 623.04 of hoga County Map Records, said par- beginning; the Codified Ordinances of Cleve- cel also being know as Cuyahoga and as indicated on the attached land, Ohio, 1976, as amended by County’s Permanent Parcel Number map is changed to a Single Family Ordinance No. 791-09, passed July 1, 019-20-048; Residential Use District and an ‘A’ 2009, is amended to read as follows: Thence northerly along said south- Area District (1F-A1). erly prolongation of said easterly line Section 5. That the Use of lands Section 623.04 Criminal Trespass and continuing along its northerly bounded and described as follows: (a) No person, without privilege prolongation to its intersection with Beginning in the centerline of Bel- to do so, shall do any of the fol- the centerline of Leeila Avenue; laire Road at its intersection with lowing: Thence westerly along said cen- the easterly prolongation of the cen- (1) Knowingly enter or remain on terline of Leeila Avenue to its inter- terline of Emery Avenue; the land or premises of another; section with the northerly prolonga- Thence westerly along said east- (2) Knowingly enter or remain on tion of the westerly line of Sublot erly prolongation of said centerline the land or premises of another, the Number 1 in the aforementioned Bel- of Emery Avenue to its intersection use of which is lawfully restricted to laire Gardens Subdivision, said par- with the southerly prolongation of certain persons, purposes, modes or cel also being known as Cuyahoga the easterly line of Sublot Number hours, when the offender knows he County’s Permanent Parcel Number 127 in the N. Moses Subdivision is in violation of any such restriction 019-20-004; shown on the recorded plat in Vol- or is reckless in that regard. Thence southerly along said north- ume 16, Page 11 of Cuyahoga Coun- (3) Recklessly enter or remain on erly prolongation of said westerly ty Map Records; the land or premises of another, as line and continuing along its south- Thence northerly along said south- to which notice against unautho- erly prolongation to its intersection erly prolongation of said easterly rized access or presence is given by with the centerline of Wanda Ave- line to its intersection with the actual communication to the offend- nue; southerly line thereof; er, or in a manner prescribed by Thence westerly along said cen- Thence westerly along said south- law, or by posting in a manner rea- terline of Wanda Avenue and con- erly line and along its westerly pro- sonably calculated to come to the attention of potential intruders, or tinuing along its westerly prolonga- longation to its intersection with the by fencing or other enclosure mani- tion to its intersection with the cen- easterly line of Sublot Number 132 festly designed to restrict access; terline of Bellaire Road; in the aforementioned N. Moses Sub- (4) Being on the land or premis- Thence southwesterly along said division; es of another, negligently fail or centerline of Bellaire Road to its Thence southerly along said east- refuse to leave upon being notified intersection with the centerline of erly line and along its southerly pro- to do so by the owner or occupant, Firsby Avenue and the principal longation to its intersection with the or the agent or servant of either; place of beginning; centerline of Emery Avenue; (5) Knowingly enter or remain in and as indicated on the attached Thence easterly along said cen- any vacant and vandalized building map is changed to a Two Family terline of Emery Avenue and along or structure, including, but not lim- Residential District a ‘B’ Area Dis- its easterly prolongation to its inter- ited to, a formerly occupied resi- trict, and a ‘1’ Height District (2F- section with the centerline of Bel- dential dwelling or dwelling unit, B1). laire Road and the principal place without having on his person the Section 4. That the Use and Area of beginning; written permission of the owner of Districts of lands bounded and and as indicated on the attached such structure granting permission described as follows: map is changed to a Semi-Industry to be in any such building or struc- Beginning in the centerline of Bel- District. ture. This paragraph does not apply laire Road at its intersection with Section 6. That the changed des- to governmental officers or employ- the easterly prolongation of the cen- ignation of lands described in Sec- ees when carrying out a lawful gov- terline of Emery Avenue; tion 1 through Section 5 shall be ernmental function. Thence westerly along said east- identified as Map Change No. 2276, (6) After first being warned to erly prolongation of said centerline Sheet No. 2 & 12 and shall be made desist, knowingly enter or remain of Emery Avenue to its intersection upon the Building Zone Maps of the outdoors on the land or premises of with the northerly prolongation of City of Cleveland on file in the another on which any vacant and the easterly line of Sublot No. 238 in office of the Clerk of Council and vandalized building or structure is the N. Moses Subdivision shown on on file in the office of the City Plan- situated, including, but not limited the recorded plat in Volume 16, ning Commission by the appropriate to, a formerly occupied residential Page 11 of Cuyahoga County Map person designated for this purpose dwelling or dwelling unit, without Records; by the City Planning Commission. having on his person a writing such Thence southerly along said north- Section 2. That the existing title as, by way of example only, a con- tract or work order for work at the erly prolongation and said easterly and Sections 1, 2, 3, 4, 5, and 6 of land or premises, or a writing line to its intersection with the Ordinance No. 556-09, passed June 1, signed by the owner, lessee or other southerly line thereof; 2009 are repealed. person entitled to possession of the Thence westerly along said south- Section 3. That this ordinance is land or premises, that shows that erly line and along its westerly pro- declared to be an emergency mea- the person has a lawful reason to longation to its intersection with the sure and, provided it receives the enter or remain there. westerly line of Sublot No. 53 in the affirmative vote of two-thirds of all (b) It is no defense to a charge Guardian Subdivision shown on the the members elected to Council, it under this section that the land or recorded plat in Volume 65, Page 9 shall take effect and be in force premises involved was owned, con- of Cuyahoga County Map Records; immediately upon its passage and trolled or in custody of a public Thence southerly along said pro- approval by the Mayor; otherwise it agency. longation of said westerly line and shall take effect and be in force (c) It is no defense to a charge along its southerly prolongation to from and after the earliest period under this section that the offender its intersection with the centerline allowed by law. was authorized to enter or remain of Brookfield Avenue; Referred to Directors of City Plan- on the land or premises involved Thence easterly along said center- ning Commission, Law; Committee when such authorization was secur- line of Brookfield Avenue through its on City Planning. ed by deception. 1481 16 The City Record August 12, 2009

(d) Whoever violates divisions the Commissioner of Purchases and clude clean, whole, uncracked, odor- (a)(1), (2), (3) and (4) of this sec- Supplies under a requisition against free shell eggs or foods which have tion is guilty of criminal trespass, a the contract or contracts certified by a pH level of 4.6 or below or a water misdemeanor of the fourth degree. the Director of Finance. (RL 121268) activity (aw) value of 0.85 or less. (e) Whoever violates division Section 3. That under Section (6) “Sell” or “selling” includes (a)(5) of this section is guilty of 108(b) of the Charter, the purchases barter or bartering. trespassing on a vacant and van- authorized by this ordinance may be (7) “Sidewalk” means that portion dalized building, a misdemeanor of made through cooperative agree- of the street between the curb lines the first degree. ments with other governmental or the lateral lines of a roadway (f) Whoever violates division agencies. The Director of Finance and the adjacent property line. (a)(6) of this section is guilty of a may sign all documents that are (8) “Street” means street, alley, minor misdemeanor on the first necessary to make the purchases, highway, roadway or avenue, includ- offense and a misdemeanor of the and may enter into one or more con- ing all curbs along such streets. fourth degree on the second and any tracts with the vendors selected (9) “Vending device” means a con- subsequent offense. through that cooperative process. tainer for the sale, display or trans- (g) As used in this section, “land Section 4. That this ordinance is port of goods, wares, merchandise, or premises” includes any land, declared to be an emergency mea- equipment used for menial tasks, building, structure of place belong- sure and, provided it receives the food or beverages by a peddler, ing to, controlled by or in custody affirmative vote of two-thirds of all which container has wheels and is of another, and any separate enclo- the members elected to Council, it capable of being moved by one per- sure or room, or portion thereof. (RC shall take effect and be in force son by muscular power. 2911.21) immediately upon its passage and (b) Scope of Chapter. The provi- Section 2. That existing Section approval by the Mayor; otherwise it sions of this chapter shall not apply 623.04 of the Codified Ordinances of shall take effect and be in force to sales made to dealers by com- Cleveland, Ohio, 1976, as amended from and after the earliest period mercial travelers or selling agents by Ordinance No. 791-09, passed July allowed by law. in the usual course of business, to 1, 2009, is repealed. Referred to Directors of Finance, bona fide sales of goods, wares, or Section 3. That this ordinance is Law; Committee on Finance. merchandise by samples for future declared to be an emergency mea- delivery, to sales at trade shows or sure and, provided it receives the Ord. No. 1158-09. conventions, or to sales by charita- affirmative vote of two-thirds of all By Council Members Dow and ble organizations in conjunction the members elected to Council, it Sweeney (by departmental request). with solicitations for charity. shall take effect and be in force An emergency ordinance to amend (c) Nothing in this chapter shall immediately upon its passage and Sections 675.01 and 675.04 of the Cod- be construed to prohibit the distrib- approval by the Mayor; otherwise it ified Ordinances of Cleveland, Ohio, ution of non-commercial handbills, shall take effect and be in force 1976, as amended by Ordinance No. cards, leaflets, or other literature from and after the earliest period 532-93, passed June 14, 1993 and Ordi- upon the sidewalks of the City. allowed by law. nance No. 1670-92, passed August 19, Referred to Directors of Public 1992, relating to peddling conducted Section 675.04 Permits Required Safety, Finance, Law; Committees door-to-door. A permit is required in each of the on Public Safety, Legislation, Whereas, this ordinance consti- following circumstances when ped- Finance. tutes an emergency measure provid- dling is occurring upon the high- ing for the usual daily operation of ways, streets, or sidewalks, or to Ord. No. 1155-09. a municipal department; now, there- business invitees upon or from pri- By Council Member Sweeney (by fore, vate property: departmental request). Be it ordained by the Council of (a) No person shall engage in ped- An emergency ordinance authoriz- the City of Cleveland: dling upon or from private property ing the purchase by one or more Section 1. That Sections 675.01 and anywhere in the City without a per- requirement contracts of electric 675.04 of the Codified Ordinances of mit issued in accordance with Sec- power, for the various divisions of Cleveland, Ohio, 1976, as amended tion 675.05. City government, for a period of one by Ordinance No. 532-93, passed June (b) No person shall engage in ped- year, with a one-year option to 14, 1993 and Ordinance No. 1670-92, dling on the highways, streets or renew, exercisable by the Director passed August 19, 1992, are amend- sidewalks within the Central Busi- of Finance. ed to read as follows: ness District without a permit Whereas, this ordinance constitutes issued in accordance with Chapter an emergency measure providing for Section 675.01 Definitions; Chap- 508 or without a permit issued in the usual daily operation of a munic- ter Scope accordance with Section 675.06. ipal department; now, therefore, (a) For purposes of this chapter: (c) No person shall engage in ped- Be it ordained by the Council of (1) “Commissioner” means the Com- dling while moving continuously from the City of Cleveland: missioner of Assessments and Licenses. place to place on the highways, Section 1. That the Director of (2) “Peddling” means selling, hawk- streets or sidewalks of the Central Finance is authorized to make one ing, offering or displaying for sale, Business District without a permit is- or more written requirement con- or soliciting another to purchase, for sued in accordance with Section 675.06. tracts under the Charter and the present or future delivery any goods, (d) No person shall engage in ped- Codified Ordinances of Cleveland, wares, merchandise, services, includ- dling upon or from a fixed location Ohio, 1976, for the requirements for ing by way of example only, menial on a sidewalk outside of the Central a one year period, with a one-year tasks, such as painting numbers on Business District without a permit is- option to renew exercisable by the curbs, or a combination of goods and sued in accordance with Section 675.07. Director of Finance, of the neces- services, subscriptions, or food or (e) No person shall engage in ped- sary items of electrical power in the beverages from, in, upon, along, or dling while moving continuously approximate amount as purchased through the highways, streets, or from place to place on the high- during the preceding term, to be sidewalks, door-to-door on residen- ways, streets, or sidewalks outside purchased by the Commissioner of tial property, or in the open air or of the Central Business District Purchases and Supplies on a unit from a temporary shelter or vending without a permit issued in accor- basis for the various divisions of device upon private property. dance with Section 675.08. city government. Bids shall be taken (3) “Peddler” means any person who Section 2. That existing Sections in a manner that permits an award engages in peddling. “Peddler” includes 675.01 and 675.04 of the Codified to be made for all items as a single “hawker,” “huckster,” and “solicitor,” Ordinances of Cleveland, Ohio, 1976, contract, or by separate contract for but does not include itinerant vendors as amended by Ordinance No. 532-93, each or any combination of the or itinerant wholesale produce deal- passed June 14, 1993 and Ordinance items as the Board of Control deter- ers licensed pursuant to Chapter 682. No. 1670-92, passed August 19, 1992, mines. Alternate bids for a period (4) “Person” means an individual, are repealed. less than the specified term may be corporation, partnership or associa- Section 3. That this ordinance is taken if desired by the Commis- tion; provided however, that for pur- declared to be an emergency mea- sioner of Purchases and Supplies poses of Section 675.02, “person” sure and, provided it receives the until provision is made for the shall mean a natural person only. affirmative vote of two-thirds of all requirements for the entire term. (5) “Potentially hazardous food” the members elected to Council, it Section 2. That the costs of the means any food that consists in shall take effect and be in force contract or contracts shall be whole or in part of milk or milk immediately upon its passage and charged against the proper appro- products, eggs, meat, poultry, fish, approval by the Mayor; otherwise it priation accounts and the Director shellfish, edible crustacea, or other shall take effect and be in force of Finance shall certify the amount ingredients, including synthetic in- from and after the earliest period of the initial purchase, which pur- gredients, in a form capable of sup- allowed by law. chase, together with all later pur- porting rapid and progressive micro- Referred to Directors of Finance, chases, shall be made on order of organisms. The term does not in- Law; Committees on Legislation, Finance. 1482 August 12, 2009 The City Record 17

FIRST READING ORDINANCES REFERRED

Ord. No. 1111-09. By Council Member Cimperman. An ordinance to change the Use District of land located on Merwin Street west of Columbus Road from a General Industry District to a General Retail Business District (Map Change No. 2284 Sheet No. 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Columbus Road at its intersection with the easterly prolongation of the centerline of Merwin Street; Thence westerly and northwesterly along said easterly prolongation and said centerline of Merwin Street, continuing along its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland by deed dated January 1, 1975, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 101-18-004, said intersection hereafter being known as the principal place of beginning; Thence northerly along said easterly line to its intersection with the northeasterly line thereof; Thence northwesterly, southwesterly and northwesterly again along the northeasterly line of said Permanent Parcel Number 101-18-004 to its intersection with the northerly line thereof; Thence westerly along said northerly line and continuing along its westerly prolongation to its intersection with the centerline of the ; Thence southeasterly along said centerline of the Cuyahoga River to its intersection with the southerly prolongation of the easterly line of the aforementioned Permanent Parcel Number 101-18-004; Thence northerly along said southerly prolongation and said easterly line to its intersection with the westerly prolongation of the centerline of Merwin Street and the principal place of beginning; and as shaded on the attached map is changed to a General Retail Business District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2284, Sheet No. 1 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 1483 18 The City Record August 12, 2009

Ord. No. 1112-09. By Council Member Zone. An ordinance changing the Use District of lands on the southwest corner of West 57th Street and Ithaca Court shown shaded on the attached map from Two Family Residential (2F) to Urban Garden District (UGD) (Map Change No. 2287, Sheet No. 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of West 57th Street at its intersection with the westerly prolongation of the centerline of Ithaca Court; Thence westerly along said centerline of Ithaca Court to its intersection with the southerly prolongation of the easterly line of Sublot No. 13 in the W.M. Wesseng Subdivision shown on the recorded plat in Volume 4, Page 6 of Cuyahoga County Map Records; Thence northerly along said southerly prolongation and said easterly line to its intersection with the southerly line of Sublot No. 198 in the Benendict & Root Subdivision shown on the recorded plat in Volume 1, Page 13 of Cuyahoga County Map Records; Thence easterly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to St. Stephen Church by deed dated April 10, 1998 and recorded in Auditor’s File Number V98041490041, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-31-097; Thence southerly along said easterly line and along its southerly prolongation to its intersection with the centerline of Ithaca Court; Thence easterly along said centerline of Ithaca Court to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed to the City of Cleveland by deed dated August 18, 1998 and recorded in Auditor’s File Number V98110490049, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-31-094; Thence southerly along said northerly prolongation and said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and along its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed to Cherl L. and Benjamin Himes by deed dated September 9, 1999 and recorded in Auditor’s File Number 199909092455, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-31-091; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the southerly line of Sublot Number 6 in the Wissing Allotment No. 2 shown on the recorded plat in Volume 39, Page 3 of Cuyahoga County Map Records, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-31-071; Thence westerly along said southerly line and along its westerly prolongation to its intersection with the centerline of West 57th Street; Thence northerly along said centerline of West 57th Street to its intersection with the westerly prolongation of the centerline of Ithaca Court and the principal place of beginning; and shaded on the attached map is changed to an Urban Garden District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2287, Sheet No. 1, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 1484 Ordinance No. 1113-09

Council Member Zone August 12, 2009 The City Record 19

Ord. No. 1113-09. By Council Member Zone. An ordinance to change the Use District of land located on the northeast corner of Bridge Avenue and W. 58th Street to Open Space and Recreation District (Map Change No. 2286 Sheet No. 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Bridge Avenue at its intersection with the centerline of West 58th Street; Thence northerly along said centerline of West 58th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Roger J. Neff by deed dated June 8, 1982 and recorded in Auditor’s File Number V82156430511, said parcel also being known as Cuyahoga County Auditor’s Number 002-32-162; Thence easterly along said prolongation and said northerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line and along its southerly prolongation to its intersection with the centerline of Bridge Avenue; Thence westerly along said centerline of Bridge Avenue to its intersection with the centerline of West 58th Street and the principal place of beginning; and as shaded on the attached map is changed to an Open Space and Recreation District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2286, Sheet No. 1 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 1485 20 The City Record August 12, 2009

Ord. No. 1114-09. By Council Member Zone. An ordinance to change the Use District of land located on the northeast corner of Clinton Avenue and West 65th Street to Open Space and Recreation District (Map Change No. 2285 Sheet No. 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Clinton Avenue at it intersection with the centerline of West 65th Street; Thence northerly along said centerline of West 65th Street to its intersection with the southwesterly prolongation of the southerly line of a parcel of land conveyed to Detroit Shoreway Development Corp by deed dated September 27, 1993 and recorded in Auditor’s File Number V93103250041, said parcel also being know as Cuyahoga County Auditor’s Permanent Parcel Number 002-16-027; Thence northeasterly along said southwesterly prolongation and said southerly line and continuing along its northeasterly prolongation to its intersection with the easterly line of a parcel of land conveyed to Joyce Seger by deed dated June 25, 1990 and recorded in Auditor’s File Number V90036730008, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 002-16-075; Thence southeasterly along said easterly line and along its southeasterly prolongation to its intersection with the centerline of Clinton Avenue; Thence southwesterly along said centerline of Clinton Avenue to its intersection with the centerline of West 65th Street and the principal place of beginning; and as shaded on the attached map is changed to an Open Space and Recreation District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2285, Sheet No. 1 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 1486 August 12, 2009 The City Record 21

FIRST READING EMERGENCY erly line of Sublot Number 47 in the The rules were suspended. Yeas RESOLUTIONS REFERRED F. Nicola Subdivision Not Recorded, 20. Nays 0. Read second time. Read said parcel also being known as third time in full. Passed. Yeas 20. Res. No. 1059-09. Cuyahoga County Auditor’s Perma- Nays 0. By Council Members Brancatelli, nent Parcel Number 008-14-077; Brady, Cimperman and Sweeney (by Thence southerly along said north- Ord. No. 1068-09. departmental request). erly prolongation of said westerly By Council Member Keane. An emergency resolution declar- line to its intersection with the An emergency ordinance desig- ing the intent to vacate a portion of southerly line thereof; nating St. Patrick Church, School, Linton Avenue S.E. Thence easterly along said south- Cemetery and Accessory Buildings Whereas, this Council is satisfied erly line and continuing along its (also known as St. Patrick West that there is good cause to vacate a easterly prolongation to its inter- Park) as a Cleveland Landmark. portion of Linton Avenue S.E., as section with the westerly line of Whereas, under Chapter 161 of the described; and Sublot Number 52 in the aforemen- Codified Ordinances of Cleveland, Whereas, this resolution consti- tioned F. Nicola Subdivision, said Ohio, 1976, the Cleveland Landmarks tutes an emergency measure provid- parcel also being known as Cuya- Commission (the “Commission”), has ing for the usual daily operation of hoga County Auditor’s Permanent proposed to designate St. Patrick a municipal department; now, there- Parcel Number 008-14-072; Church, School, Cemetery and Acces- fore, Thence northerly along said east- sory Buildings (also known as St. Be it resolved by the Council of erly line and along its northerly pro- Patrick West Park) as a landmark; the City of Cleveland: longation to its intersection with the and Section 1. That this Council de- centerline of Holmden Avenue; Whereas, a public hearing under clares its intent to vacate a portion Thence westerly along said cen- division (b)(2) of Section 161.04 was of the following described real prop- terline of Holmden Avenue to its held on June 25, 2009 to discuss the erty: intersection with the southerly pro- proposed designation of St. Patrick Situated in the City of Cleveland, longation of the easterly line of Church, School, Cemetery and Acces- County of Cuyahoga, and State of Sublot Number 7 in the aforemen- sory Buildings (also known as St. Ohio and known as being the most tioned F. Nicola Subdivision, said Patrick West Park) as a landmark; Westerly 40 feet of Linton Avenue parcel also being known as Cuya- and S.E. (50 feet wide) West of East hoga County Auditor’s Permanent Whereas, the Commission has rec- 55th Street as now widened. Parcel Number 008-14-035; ommended designation of St. Patrick Description approved by Greg Thence northerly along said south- Church, School, Cemetery and Acces- Esber, Section Chief, Plats, Surveys erly prolongation of said easterly line sory Buildings (also known as St. and House Numbering Section. to its intersection with the souther- Patrick West Park) as a landmark Section 2. That this resolution is ly line of Sublot Number 54 in the and has set forth certain findings of declared to be an emergency mea- Meyer Re-Allotment shown on the fact constituting the basis for its sure and, provided it receives the recorded plat in Volume 12, Page 8 decision; and affirmative vote of two-thirds of all of Cuyahoga County Map Records, Whereas, this ordinance consti- the members elected to Council, it said parcel also being known as tutes an emergency measure provid- shall take effect and be in force Cuyahoga County Auditor’s Perma- ing for the immediate preservation immediately upon its adoption and nent Parcel Number 008-14-024; of the public peace, property, health, approval by the Mayor; otherwise it Thence westerly along said south- and safety in that the immediate shall take effect and be in force erly line to its intersection with the protection of the historic landmark from and after the earliest period westerly line of the aforementioned is necessary to safeguard the spe- allowed by law. Sublot Number 7; cial historical, community, or aes- Referred to Directors of Public Thence southerly along said west- thetic interest or value in the land- Service, City Planning Commission, erly line and along its southerly pro- mark; now, therefore, Finance, Law; Committees on Public longation to its intersection with the Be it ordained by the Council of Service, City Planning, Finance. centerline of Holmden Avenue; the City of Cleveland: Thence westerly along said cen- Section 1. That St. Patrick Church, FIRST READING EMERGENCY terline of Holmden Avenue to its ORDINANCES READ IN FULL intersection with the northerly pro- School, Cemetery and Accessory AND PASSED longation of the aforementioned Buildings (also known as St. Pat- Sublot Number 47 and the principal rick West Park), whose street ad- Ord. No. 1067-09. place of beginning; dresses in the City of Cleveland are By Council Member Cimperman. and shaded on the attached map is 4395-4435 Rocky River Drive, S.W., An emergency ordinance to amend changed to an Urban Garden Dis- and 17708-17722 Puritas Avenue, the title and Sections 1 and 2 of trict. S.W.; Cuyahoga County Auditor’s Ordinance No. 774-09, passed July 1, Section 2. That the changed des- Permanent Parcel Numbers are 027- 2009, relating to changing the use ignation of lands described in Sec- 12-009, 027-12-10, 027-12-012, 027-12-050, district of land on the north and tion 1 shall be identified as Map 027-12-051, also known as the fol- south sides of Holmden Avenue east Change No. 2282, Sheet Nos. 5 and 6, lowing described property: of West 14th Street to an Urban Gar- and shall be made upon the Build- Beginning on the Southeasterly den District. ing Zone Maps of the City of Cleve- line of Rocky River Drive, S.W. at Whereas, this ordinance consti- land on file in the office of the its intersection with the Northerly tutes an emergency measure provid- Clerk of Council and on file in the line of Puritas Avenue, S.W.; thence ing for the usual daily operation of office of the City Planning Com- Northeasterly along the Southeaster- a municipal department; now, there- mission by the appropriate person ly line of said Rocky River Drive to fore, designated for this purpose by the the Northerly line of land conveyed Be it ordained by the Council of City Planning Commission. to William Code by deed dated the City of Cleveland: Section 2. That the existing title November 2, 1881 and recorded in Section 1. That the title and Sec- and Sections 1 and 2 of Ordinance Volume 330, Page 197 of Cuyahoga tions 1 and 2 of Ordinance No. 774- No. 774-09, passed July 1, 2009 are County Records and being also 09, passed July 1, 2009 are amended repealed. known as Permanent Parcel Number to read as follows: Section 3. That this ordinance is 027-12-009; thence Easterly along the An ordinance changing the Use declared to be an emergency mea- Northerly line of land conveyed to District of land on the north and sure and, provided it receives the said William Code to the Northeast- south sides of Holmden Avenue east affirmative vote of two-thirds of all erly corner thereof; thence Souther- of West 14th Street to an Urban Gar- the members elected to Council, it ly 264.66 feet along the Easterly line den District (Map Change No. 2282, shall take effect and be in force of land conveyed to William Code as Sheet Nos. 5 and 6). immediately upon its passage and aforesaid to the Southeasterly cor- Section 1. That the Use District of approval by the Mayor; otherwise it ner thereof; thence Westerly along lands bounded and described as fol- shall take effect and be in force the Southerly line of land so con- lows: from and after the earliest period veyed to the Westerly line of land Beginning in the centerline of allowed by law. conveyed to Kathryn and Thomas Holmden Avenue, east of West 14th Motion to suspend rules, Charter, Murray by deed dated March 31, 1939 Street at its intersection with the and statutory provisions and place and recorded in Volume 4933, Page northerly prolongation of the west- on final passage. 387 of Cuyahoga County Records 1487 22 The City Record August 12, 2009 and being also known as Permanent land State University to implement of the necessary items of materials, Parcel Number 027-12-013; thence the grant as described in the file. equipment, supplies, and services Southerly along the Westerly line of Section 4. That the costs of the needed to implement the grant as said land to the Northerly line of contract or contracts authorized by described in the file, to be pur- Puritas Avenue; thence Westerly this ordinance shall be paid from chased by the Commissioner of Pur- along the Northerly line of said the fund or funds to which are cred- chases and Supplies on a unit basis Puritas Avenue to the place of ited the grant proceeds accepted for the Department of Public Safe- beginning; under this ordinance. ty. Bids shall be taken in a man- Legal Description approved by Section 5. That this ordinance is ner that permits an award to be Greg Esber, Section Chief, Plats, declared to be an emergency mea- made for all items as a single con- Surveys and House Numbering Sec- sure and, provided it receives the tract, or by separate contract for tion affirmative vote of two-thirds of all each or any combination of the which in its entirety is a property the members elected to Council, it items as the Board of Control deter- having special character or special shall take effect and be in force mines. Alternate bids for a period historical or aesthetic value as part immediately upon its passage and less than the specified term may be of the development, heritage, or cul- approval by the Mayor; otherwise it taken if desired by the Commis- tural characteristics of the City, shall take effect and be in force sioner of Purchases and Supplies State, or the United States, is desig- from and after the earliest period until provision is made for the nated a landmark under Chapter 161 allowed by law. requirements for the entire term. of the Codified Ordinances of Cleve- Motion to suspend rules, Charter, Section 5. That the costs of the land, Ohio, 1976. and statutory provisions and place contract or contracts shall be Section 2. That this ordinance is on final passage. charged against the proper appro- declared to be an emergency mea- The rules were suspended. Yeas priation accounts and the Director sure and, provided it receives the 20. Nays 0. Read second time. Read of Finance shall certify the amount affirmative vote of two-thirds of all third time in full. Passed. Yeas 20. of the initial purchase, which pur- the members elected to Council, it Nays 0. chase, together with all later pur- shall take effect and be in force chases, shall be made on order of immediately upon its passage and Ord. No. 1071-09. the Commissioner of Purchases and approval by the Mayor; otherwise it By Council Members Conwell and Supplies under a requisition against shall take effect and be in force Sweeney (by departmental request). the contract or contracts certified by from and after the earliest period An emergency ordinance authoriz- the Director of Finance. allowed by law. ing the Director of Public Safety to Section 6. That under Section Motion to suspend rules, Charter, apply for and accept a grant from 108(b) of the Charter, the purchases and statutory provisions and place the United States Department of Jus- authorized by this ordinance may be on final passage. tice for the 2009 Byrne Justice Assis- made through cooperative agree- The rules were suspended. Yeas tance Grant Program; authorizing ments with other governmental 20. Nays 0. Read second time. Read the purchase by one or more require- agencies. The Director of Public Safety may sign all documents that third time in full. Passed. Yeas 20. ment contracts of materials, equip- ment, supplies, and services needed are necessary to make the purchas- Nays 0. to implement the grant; and autho- es, and may enter into one or more rizing the Director to enter into one contracts with the vendors selected Ord. No. 1070-09. or more contracts with Cuyahoga through that cooperative process. By Council Member Sweeney (by County and the Cities of Euclid, Section 7. That the Director of departmental request). Garfield Heights, Lakewood, and Public Safety is authorized to enter An emergency ordinance authoriz- Parma to implement the grant. into one or more agreements with ing the Director of Finance to apply Whereas, this ordinance consti- Cuyahoga County and the Cities of for and accept a grant from The tutes an emergency measure provid- Euclid, Garfield Heights, Lakewood, Cleveland Foundation for the Public ing for the usual daily operation of and Parma (the “Grant Partners”) to Management Development Program; a municipal department; now, there- implement the grant as described in and authorizing the director to enter fore, the file. The agreement shall, into one or more contracts with Be it ordained by the Council of among other things, include the Cleveland State University to imple- the City of Cleveland: obligation of the Grant Partners to ment the grant. Section 1. That the Director of pay monthly fees to the City for the Whereas, this ordinance consti- Public Safety is authorized to apply use of regionalized computer-aided tutes an emergency measure provid- for and accept a grant in the ap- design (CAD) equipment and ser- ing for the usual daily operation of proximate amount of $1,146,278, from vices, which shall be deposited into a municipal department; now, there- the United States Department of Jus- the fund or funds determined to be fore, tice for the 2009 Byrne Justice Assis- appropriate by the Director of Be it ordained by the Council of tance Grant Program; that the Direc- Finance. the City of Cleveland: tor is authorized to file all papers Section 8. That this ordinance is Section 1. That the Director of and execute all documents neces- declared to be an emergency mea- Finance is authorized to apply for sary to receive the funds under the sure and, provided it receives the and accept a grant in the approxi- grant; and that the funds are appro- affirmative vote of two-thirds of all mate amount of $181,500, and any priated for the purposes described in the members elected to Council, it other funds that may become avail- the grant application package for shall take effect and be in force able during the grant term from The the grant contained in the file immediately upon its passage and Cleveland Foundation to conduct the described below. approval by the Mayor; otherwise it Public Management Development Section 2. That the grant applica- shall take effect and be in force Program; that the Director is autho- tion package for the grant, File No. from and after the earliest period rized to file all papers and execute 1071-09-A, made a part of this ordi- allowed by law. all documents necessary to receive nance as if fully rewritten, as pre- Motion to suspend rules, Charter, the funds under the grant; and that sented to the Finance Committee of and statutory provisions and place the funds are appropriated for the this Council at the public hearing on on final passage. purposes described in the applica- this legislation, is approved in all The rules were suspended. Yeas tion preview for the grant contained respects and shall not be changed 20. Nays 0. Read second time. Read in the file described below. without additional legislative author- third time in full. Passed. Yeas 20. Section 2. That the application ity. Nays 0. preview for the grant, File No. 1070- Section 3. That the Director of 09-A, made a part of this ordinance Public Safety shall have the author- Ord. No. 1072-09. as if fully rewritten, as presented to ity to extend the term of the grant By Council Members Conwell and the Finance Committee of this Coun- during the grant term. Sweeney (by departmental request). cil at the public hearing on this leg- Section 4. That the Director of An emergency ordinance to amend islation, is approved in all respects Public Safety is authorized to Section 7 of Ordinance No. 725-09, and shall not be changed without make one or more written require- passed June 8, 2009, relating to additional legislative authority. ment contracts under the Charter authorizing the Director of Public Section 3. That the Director of and the Codified Ordinances of Safety to employ one or more pro- Finance is authorized to enter into Cleveland, Ohio, 1976, for the re- fessional consultants, software de- one or more contracts with Cleve- quirements during the grant term velopers, or vendors to implement a 1488 August 12, 2009 The City Record 23 records management system and approval by the Mayor; otherwise it of any of these codified ordinances authorizing standard purchase and shall take effect and be in force he may cause to be posted placards requirement contracts necessary to from and after the earliest period on the front of the structure or implement the system. allowed by law. premises which comply with the fol- Whereas, this ordinance consti- Motion to suspend rules, Charter, lowing placarding requirements: tutes an emergency measure provid- and statutory provisions and place (1) Placard location. Placards ing for the usual daily operation of on final passage. shall be applied on the front of the a municipal department; now, there- The rules were suspended. Yeas structure and be visible from the fore, 20. Nays 0. Read second time. Read street. Additional placards may be Be it ordained by the Council of third time in full. Passed. Yeas 20. applied to the side of each entrance the City of Cleveland: Nays 0. to the structure and on penthouses. Section 1. That Section 7 of Ordi- (2) Placard size and color. Plac- nance No. 725-09, passed June 8, 2009 Ord. No. 1075-09. ards shall be 24 inches by 24 inch- is amended to read as follows: By Council Members Conwell, es (610 mm by 610 mm) in size with Section 7. That the cost of the con- Brancatelli, Dow and Sweeney (by a red background, white reflective tract or contracts authorized shall departmental request). stripes and a white reflective bor- be paid from Fund No. 20 SF 524, An emergency ordinance to amend der. The stripes and border shall Request No. 188253. Sections 367.03 and 367.07 of the Cod- have a 2-inch (51 mm) stroke. Section 2. That existing Section 7 ified Ordinances of Cleveland, Ohio, (3) Placard date. Placards shall of Ordinance No. 725-09, passed June 1976, as amended by Ordinance No. bear the date of their application to 8, 2009 is repealed. 68-A-67, passed April 3, 1967, relating the building and the date of the Section 3. That this ordinance is to right of entry and placards post- most recent inspection. declared to be an emergency mea- ed on dwelling structures or premis- (4) Placard Symbols. The design sure and, provided it receives the es to be vacated or condemned. of the placards shall use symbols affirmative vote of two-thirds of all Whereas, this ordinance consti- designated by the Fire Chief or his the members elected to Council, it tutes an emergency measure provid- designee to indicate each of the fol- shall take effect and be in force ing for the usual daily operation of lowing: immediately upon its passage and a municipal department; now, there- A. That the structure had normal approval by the Mayor; otherwise it fore, structural conditions at the time of shall take effect and be in force Be it ordained by the Council of marking. from and after the earliest period the City of Cleveland: B. That the structural or interior allowed by law. Section 1. That Sections 367.03 and hazards exist and interior fire-fight- Motion to suspend rules, Charter, 367.07 of the Codified Ordinances of ing or rescue operations should be and statutory provisions and place Cleveland, Ohio, 1976, as amended conducted with extreme caution. on final passage. by Ordinance No. 68-A-67, passed C. That structural or interior haz- The rules were suspended. Yeas April 3, 1967, are amended to read ard exist to a degree that consider- 20. Nays 0. Read second time. Read as follows: ation should be given to limit fire third time in full. Passed. Yeas 20. fighting to exterior operations only, Nays 0. Section 367.03 Right of Entry with entry only occurring for known Upon presentation of proper cre- life hazards. Ord. No. 1073-09. dentials the Director of Building (5) Additional detail may be post- By Council Members Pruitt and and Housing and his duly autho- ed on the placard if determined nec- Sweeney (by departmental request). rized agents or inspectors or the essary by the Fire Chief. An emergency ordinance authoriz- Fire Chief or his duly authorized (6) Informational Use. The use of ing the Director of the Office of agents or inspectors may enter at these symbols and any additional Equal Opportunity to enter into one reasonable times, or at such other detail shall be informational only or more contracts with National Eco- times as may be necessary in an and shall not in any way limit the nomic Research Associates, Inc. dba emergency, any dwelling, building, discretion of the Fire Chief or his NERA Economic Consulting for pro- structure or premises in the City to on-scene Officer in Charge. fessional services necessary to de- perform any duty imposed on him (c) No person shall enter or use velop, conduct, and interpret a dis- by this Housing Code or the Fire any structure or premises which parity study, including recommend- Code, provided that permission to have been placarded under this sec- ing and implementing accepted enter is obtained from the occupant tion except for the purpose of mak- improvements, for a period up to one or, in the case of unoccupied prop- ing the required repairs or demol- year, for the Office of Equal Oppor- erty, from the owner or his agent. ishing the structure or premises. tunity. If such permission is refused or is (d) No person shall deface or Whereas, this ordinance consti- otherwise unobtainable, a search remove any placard posted under tutes an emergency measure provid- warrant shall be obtained before this section until written permission ing for the usual daily operation of such entry or inspection is made, is given by the Director of Building a municipal department; now, there- except in the case of an existing and Housing or the Fire Chief, who- fore, emergency in which case entry may ever posted the placard, that the Be it ordained by the Council of be made at any time and no search repairs have been completed or the City of Cleveland: warrant is necessary. No person demolition is complete or the build- Section 1. That the Director of the shall in any way obstruct, hinder, ing is safe. Office of Equal Opportunity is delay or otherwise interfere with Section 2. That existing Sections authorized to enter into one or more such entrance under this Section. 367.03 and 367.07 of the Codified contracts with National Economic Ordinances of Cleveland, Ohio, 1976, Research Associates, Inc. dba NERA Section 367.07 Placards Posted by as amended by Ordinance No. 68-A- Economic Consulting for profes- the Department of Building and 67, passed April 3, 1967, are re- sional services necessary to develop, Housing and the Division of Fire pealed. conduct, and interpret a disparity (a) Whenever the Director of Section 3. That this ordinance is study, including recommending and Building and Housing orders a declared to be an emergency mea- implementing accepted improvements, dwelling structure or premises to be sure and, provided it receives the for a period up to one year, on the vacated or condemned under these affirmative vote of two-thirds of all basis of its proposal dated June 26, codified ordinances, he shall cause the members elected to Council, it 2009, in a sum not to exceed $758,000, to be posted at each entrance to the shall take effect and be in force for the Office of Equal Opportunity. structure or premises a placard immediately upon its passage and The contract or contracts shall be which may state, “THIS BUILDING approval by the Mayor; otherwise it paid from Fund Nos. 01-999800- IS IN A DANGEROUS CONDITION shall take effect and be in force 632000, 60 SF 001, 52 SF 001, Request AND HAS BEEN CONDEMNED AND from and after the earliest period No. 164803. ITS USE HAS BEEN PROHIBITED allowed by law. Section 2. That this ordinance is BY THE DIRECTOR OF BUILDING Motion to suspend rules, Charter, declared to be an emergency mea- AND HOUSING.” and statutory provisions and place sure and, provided it receives the (b) Whenever the Fire Chief finds on final passage. affirmative vote of two-thirds of all a vacant dwelling structure or The rules were suspended. Yeas the members elected to Council, it premises to be declared condemned 20. Nays 0. Read second time. Read shall take effect and be in force or it is found to be unsafe under the third time in full. Passed. Yeas 20. immediately upon its passage and provisions authority, and procedures Nays 0. 1489 24 The City Record August 12, 2009

Ord. No. 1077-09. contract and that the contract shall Whereas, this ordinance consti- By Council Member Brancatelli. contain such terms and provisions tutes an emergency measure provid- An emergency ordinance amending as he deems necessary to protect the ing for the usual daily operation of the Title and Section 1 of Ordinance City’s interest. a municipal department; now, there- No. 947-09 as it pertains to the Summer Section 4. That this ordinance is fore, Music Camp Program through the use hereby declared to be an emergency Be it ordained by the Council of of Ward 12 Neighborhood Capital Funds. measure and, provided it receives the City of Cleveland: Whereas, this ordinance consti- the affirmative vote of two-thirds of Section 1. That Section 1 of Ordi- tutes an emergency measure provid- all the members elected to Council, nance No. 737-09 passed May 18, 2009 ing for the usual daily operation of it shall take effect and be in force is hereby amended to read as follow: a municipal department; now, there- immediately upon its passage and Section 1. That the Director of the fore, approval by the Mayor; otherwise it Department of Community Develop- Be it ordained by the Council of shall take effect and be in force ment is authorized to enter into an the City of Cleveland: from and after the earliest period agreement effective May 1, 2009 Section 1. That the Title and Sec- allowed by law. with the Neighborhood Leadership tion 1 of Ordinance No. 947-09 passed Motion to suspend rules, Charter, Institute for the Scoop on Summer July 1, 2009 are hereby amended to and statutory provisions and place Program for the public purpose of read as follows: on final passage. providing Cleveland residents a Authorizing the Director of the The rules were suspended. Yeas brochure of summer activities and Department of Community Develop- 20. Nays 0. Read second time. Read programs taking place in the North ment to enter into an agreement third time in full. Passed. Yeas 20. neighborhood through with the Slavic Village Development Nays 0. the use of Ward 11 Neighborhood Corporation for the Summer Music Equity Funds. Camp Program through the use of Ord. No. 1079-09. Section 2. That Section 1 of Ordi- Ward 12 Neighborhood Capital Funds. By Council Member Dow. nance No. 737-09 passed May 18, 2009 Section 1. That the Director of the An emergency ordinance authoriz- is hereby repealed. Department of Community Develop- ing the Director of Parks, Recre- Section 3. That this ordinance is ment is hereby authorized to enter ation and Properties to enter into an hereby declared to be an emergency into an agreement with the Slavic agreement with Catholic Charities measure and, provided it receives Village Development Corporation Community Services for the Fatima the affirmative vote of two-thirds of effective June 22, 2009 for the Sum- Fun and Fitness Program through all the members elected to Council, mer Music Camp Program for the the use of Ward 7 Neighborhood it shall take effect and be in force public purpose of providing music Equity Funds. immediately upon its passage and education for Cleveland youth Whereas, this ordinance consti- approval by the Mayor; otherwise it through the use of Ward 12 Neigh- tutes an emergency measure provid- shall take effect and be in force borhood Capital Funds. ing for the usual daily operation of from and after the earliest period Section 2. That the Title and Sec- a municipal department; now, there- allowed by law. tion 1 of Ordinance No. 947-09 passed fore, Motion to suspend rules, Charter, July 1, 2009 are hereby repealed. Be it ordained by the Council of and statutory provisions and place Section 3. That this ordinance is the City of Cleveland: on final passage. hereby declared to be an emergency Section 1. That the Director of The rules were suspended. Yeas measure and, provided it receives Parks, Recreation and Properties is 20. Nays 0. Read second time. Read the affirmative vote of two-thirds of authorized to enter into an agree- third time in full. Passed. Yeas 20. all the members elected to Council, ment with Catholic Charities Com- Nays 0. it shall take effect and be in force munity Services for the Fatima Fun immediately upon its passage and and Fitness Program for the public Ord. No. 1081-09. approval by the Mayor; otherwise it purpose of providing recreational By Council Member Polensek. shall take effect and be in force activities and programs to city of An emergency ordinance authoriz- from and after the earliest period Cleveland youth through the use of ing the Director of the Department allowed by law. Ward 7 Neighborhood Equity Funds. of Community Development to enter Motion to suspend rules, Charter, Section 2. That the cost of said and statutory provisions and place contract shall be in an amount not into agreement with the Neighbor- on final passage. to exceed $25,000 and shall be paid hood Leadership Institute for the The rules were suspended. Yeas from Fund No. 10 SF 166. Community Information Project 20. Nays 0. Read second time. Read Section 3. That the Director of through the use of Ward 11 Neigh- third time in full. Passed. Yeas 20. Law shall prepare and approve said borhood Equity Funds. Nays 0. contract and that the contract shall Whereas, this ordinance consti- contain such terms and provisions tutes an emergency measure provid- Ord. No. 1078-09. as he deems necessary to protect the ing for the usual daily operation of By Council Member Cimperman. City’s interest. a municipal department; now, there- An emergency ordinance authoriz- Section 4. That this ordinance is fore, ing the Director of the Department of hereby declared to be an emergency Be it ordained by the Council of Community Development to enter into measure and, provided it receives the City of Cleveland: agreement with the Progressive Arts the affirmative vote of two-thirds of Section 1. That the Director of the Alliance for the RHAPSODY Summer all the members elected to Council, Department of the Department of Arts Camp through the use of Ward it shall take effect and be in force Community Development enter into 13 Neighborhood Equity Funds. immediately upon its passage and an agreement with the Neighbor- Whereas, this ordinance consti- approval by the Mayor; otherwise it hood Leadership Institute for the tutes an emergency measure provid- shall take effect and be in force Community Information Project for ing for the usual daily operation of from and after the earliest period the public purpose of promoting a municipal department; now, there- allowed by law. neighborhoods that are in the city fore, Motion to suspend rules, Charter, of Cleveland through the use of a Be it ordained by the Council of and statutory provisions and place communitywide newsletter, through the City of Cleveland: on final passage. the use of Ward 11 Neighborhood Section 1. That the Director of the The rules were suspended. Yeas Equity Funds. Department of Community Develop- 20. Nays 0. Read second time. Read Section 2. That the cost of said ment enter into an agreement effec- third time in full. Passed. Yeas 20. contract shall be in an amount not tive August 3, 2009 with the Pro- Nays 0. to exceed $15,000 and shall be paid gressive Arts Alliance for the from Fund No. 10 SF 166. RHAPSODY Summer Arts Camp for Ord. No. 1080-09. Section 3. That the Director of the public purpose of providing edu- By Council Member Polensek. Law shall prepare and approve said cational and recreational activities An emergency ordinance amend- contract and that the contract shall to city of Cleveland youth through ing Section 1 of Ordinance No. 737- contain such terms and provisions the use of Ward 13 Neighborhood 09 passed on May 18, 2009 as it per- as he deems necessary to protect the Equity Funds. tains to authorizing the Director of City’s interest. Section 2. That the cost of said the Department of Community De- Section 4. That this ordinance is contract shall be in an amount not velopment to enter into an agree- hereby declared to be an emergency to exceed $1,000 and shall be paid ment with the Neighborhood Leader- measure and, provided it receives from Fund No. 10 SF 166. ship Institute for the Scoop on Sum- the affirmative vote of two-thirds of Section 3. That the Director of mer Program through the use of all the members elected to Council, Law shall prepare and approve said Ward 11 Neighborhood Equity Funds. it shall take effect and be in force 1490 August 12, 2009 The City Record 25 immediately upon its passage and Section 1. That Section 2 of Ordi- be made from fund numbers 632000- approval by the Mayor; otherwise it nance No. 801-09 passed June 1, 2009 01-010100 and fund no 11 sub fund shall take effect and be in force is hereby amended to read as fol- 006. from and after the earliest period lows: Section 2. That Ordinance No. 942- allowed by law. Section 2. That the cost of said 09, passed July 1, 2009, is hereby Motion to suspend rules, Charter, contract shall be in an amount not repealed. and statutory provisions and place to exceed $7,500 and shall be paid Section 3. That this ordinance is on final passage. from Fund No. 10 SF 166. hereby declared to be an emergency The rules were suspended. Yeas Section 2. That Section 2 of Ordi- measure and, provided it receives 20. Nays 0. Read second time. Read nance No. 801-09 passed June 1, 2009 the affirmative vote of two-thirds of third time in full. Passed. Yeas 20. is hereby repealed. all the members elected to Council, Nays 0. Section 3. That this ordinance is it shall take effect and be in force hereby declared to be an emergency immediately upon its passage and Ord. No. 1082-09. measure and, provided it receives approval by the Mayor; otherwise it By Council Member Pruitt. the affirmative vote of two-thirds of shall take effect and be in force An emergency ordinance authoriz- all the members elected to Council, from and after the earliest period ing the Director of the Department it shall take effect and be in force allowed by law. of Aging to enter into an agreement immediately upon its passage and Motion to suspend rules, Charter, with the William E. Sanders Fami- approval by the Mayor; otherwise it and statutory provisions and place ly Life Center for the Community shall take effect and be in force on final passage. Bridge Building Program through from and after the earliest period The rules were suspended. Yeas the use of Ward 1 Neighborhood allowed by law. 20. Nays 0. Read second time. Read Equity Funds. Motion to suspend rules, Charter, third time in full. Passed. Yeas 20. Whereas, this ordinance consti- and statutory provisions and place Nays 0. tutes an emergency measure provid- on final passage. ing for the usual daily operation of The rules were suspended. Yeas Ord. No. 1085-09. a municipal department; now, there- 20. Nays 0. Read second time. Read fore, third time in full. Passed. Yeas 20. By Council Member Dow. Be it ordained by the Council of Nays 0. An emergency ordinance authoriz- the City of Cleveland: ing and directing the Director of Section 1. That the Director of the Ord. No. 1084-09. Public Service to issue a permit to Department of Aging is authorized By Council Member Sweeney (by Fidelity Baptist Church to stretch to enter into an agreement effective departmental request). banners between East 84th & East July 1, 2009 with the William E. An emergency ordinance authoriz- 85th and Wade Park for the period Sanders Family Life Center for the ing the Clerk of Council to enter from August 1, 2009 to August 31, Community Bridge Building Pro- into an agreement or agreements 2009, inclusive, publicizing their gram for the public purpose of pro- with Blue Technologies, Inc. for the annual bazaar. viding social support services to professional services necessary to Whereas, this ordinance consti- senior citizens that reside in the provide a software solution to cus- tutes an emergency measure provid- city of Cleve4land through Ward 1 tomize and implement an integrated ing for the usual daily operation of Neighborhood Equity Funds. Legislative Management System, and a municipal department; now, there- Section 2. That the cost of said to provide on-going maintenance for fore, contract shall be in an amount not the software and to further autho- Be it ordained by the Council of to exceed $65,000 and shall be paid rize the Clerk to enter into an agree- the City of Cleveland: from Fund No. 10 SF 166. ment with Hyland Software, Inc., for Section 1. That notwithstanding Section 3. That the Director of web hosting services and a software the provision of Section 623.13 of the Law shall prepare and approve said license for Codified Ordinances, of Cleveland, contract and that the contract shall and repealing Ordinance No. 942-09 Ohio, 1976, the Director of the De- contain such terms and provisions passed July 1, 2009. partment of Public Service is here- as he deems necessary to protect the Whereas, this ordinance consti- City’s interest. by authorized and directed to issue tutes an emergency measure provid- Section 4. That this ordinance is a permit to Fidelity Baptist Church ing for the usual daily operation of hereby declared to be an emergency to install, maintain and remove ban- a municipal department; now, there- measure and, provided it receives ners between East 84th and East fore, the affirmative vote of two-thirds of 85th & Wade Park for the period Be it ordained by the Council of all the members elected to Council, from August 1, 2009 to August 31, the City of Cleveland: it shall take effect and be in force 2009, inclusive. Said banner shall be immediately upon its passage and Section 1. That the Clerk of Coun- approved by the Director of Public approval by the Mayor; otherwise it cil is authorized to enter into an Service, in consultation with the shall take effect and be in force agreement or agreements with Blue Director of Public Safety, as to type, from and after the earliest period Technologies, Inc. for the profes- method of affixing and location so allowed by law. sional services necessary to provide as not to interfere with any sign Motion to suspend rules, Charter, a software solution to customize and erected and maintained under the and statutory provisions and place implement an integrated Legislative requirements of law or ordinance. on final passage. Management System for Cleveland The permission of the owner of any City Council, including, but not lim- The rules were suspended. Yeas pole from which a banner will be ited to, configuration, implementa- 20. Nays 0. Read second time. Read hung must be obtained prior to tion, training, on-going maintenance third time in full. Passed. Yeas 20. issuance of the permit. No commer- and technical support, as well as Nays 0. cial advertising shall be printed or consultation on future phases of permitted on said banner and said software implementation. Ord. No. 1083-09. banner shall be removed promptly That the Clerk is further autho- By Council Members Sweeney and upon the expiration of said permit. Keane. rized to enter into an agreement with Hyland Software Inc, for web Section 2. That this ordinance is An emergency ordinance amend- hereby declared to be an emergency ing Section 2 of Ordinance No. 801- hosting services of the software measure and, provided it receives 09 passed June 1, 2009 as it pertains solution and a license for use of the the affirmative vote of two-thirds of to authorizing the Director of Com- software used to provide a legisla- all the members elected to Council, munity Development to enter into an tive management solution for Coun- it shall take effect and be in force agreement with the Young Audi- cil. ences of , Inc., for the The terms of the agreements immediately upon its passage and Garfield Elementary School Mural authorized in this section shall approval by the Mayor; otherwise it Program through the use of begin on the same effective date shall take effect and be in force Ward(s) 20 and 21 Neighborhood and shall be for one year with two from and after the earliest period Equity Funds. one-year options to renew, exercis- allowed by law. Whereas, this ordinance consti- able by the Clerk. Motion to suspend rules, Charter, tutes an emergency measure provid- The total cost of the services pro- and statutory provisions and place ing for the usual daily operation of vided by the agreements authorized on final passage. a municipal department; now, there- herein shall not exceed $90,000 for The rules were suspended. Yeas fore, the first year; the cost of a renew- 20. Nays 0. Read second time. Read Be it ordained by the Council of al term, if exercised, shall not ex- third time in full. Passed. Yeas 20. the City of Cleveland: ceed $62,000 per year. Payment shall Nays 0. 1491 26 The City Record August 12, 2009

Ord. No. 1110-09. the Codified Ordinances of Cleve- the requirements of law or ordi- By Council Member Cimperman. land, Ohio, 1976, the Director of nance. The permission of the owner An emergency ordinance authoriz- Public Service is hereby authorized of any pole from which a banner ing the issuance of a Temporary and directed to issue a permit to will be hung must be obtained prior Sidewalk Occupancy Permit to John Westown Community Development to issuance of the permit. No com- G. Dimarhos to engage in peddling Corporation, to install, maintain mercial advertising shall be print- in Ward 13 across from 3301 Payne and remove banners at the south- ed or permitted on said banner and Avenue. west corner of Terminal Avenue said banner shall be removed Whereas, pursuant to Section and West 130th Street & the north- promptly upon the expiration of 675.07 of the Codified Ordinances of west area of West 130th Street & said permit. Cleveland, Ohio, 1976, (the “Codified the northwest area of West 130th Section 2. That this ordinance is Ordinances”) the consent of Council Street, for the period from August hereby declared to be an emergency expressed by ordinance is a prereq- 1, 2009 to August 31, 2009, inclusive. measure and, provided it receives uisite to peddling upon public rights Said banners shall be approved by the affirmative vote of two-thirds of of way outside of the Central Busi- the Director of Public Safety, as to all the members elected to Council, ness District; and type, method of affixing and loca- it shall take effect and be in force Whereas, this Council has consid- tion so as to not interfere with any immediately upon its passage and ered the request of John G. Dimar- sign erected and maintained under approval by the Mayor; otherwise, it hos to engage in peddling outside of the requirements of law or ordi- shall take effect and be in force the Central Business District, and nance. The permission of the owner from and after the earliest period has determined that it is in the pub- of any pole from which a banner allowed by law. lic interest to allow John G. Dimar- will be hung must be obtained prior Motion to suspend rules, Charter, hos to peddle in Ward 13; and to issuance of the permit. No com- and statutory provisions and place Whereas, this ordinance consti- mercial advertising shall be print- on final passage. tutes an emergency measure provid- ed or permitted on said banner and The rules were suspended. Yeas ing for the usual daily operation of said banners shall be removed 20. Nays 0. Read second time. Read a municipal department; now, there- promptly upon the expiration of third time in full. Passed. Yeas 20. fore, said permit. Nays 0. Be it ordained by the Council of Section 2. That this ordinance is hereby declared to be an emergency the City of Cleveland: Ord. No. 1117-09. measure and, provided it received Section 1. That this Council con- By Council Member Cimperman. the affirmative vote of two-thirds of sents, as required by Section 675.07 An emergency ordinance authoriz- all the members elected to Council, of the Codified Ordinances to allow ing the Director of the Department it shall take effect and be in force John G. Dimarhos to engage in of Community Development to enter immediately upon its passage and mobile peddling in the public rights into an agreement with the Tremont approval by the Mayor; otherwise, it of way of Ward 13 across from 3301 West Development Corporation for Payne Avenue. shall take effect and be in force the Arts in August Expo Program Section 2. That all of the require- from and after the earliest period through the use of Ward 13 Neigh- ments of Chapter 675 of the Codified allowed by law. borhood Capital Funds. Ordinances shall apply to the per- Motion to suspend rules, Charter, Whereas, this ordinance consti- sons named in Section 1 of this ordi- and statutory provisions and place tutes an emergency measure provid- nance. on final passage. ing for the usual daily operation of Section 3. That the privilege The rules were suspended. Yeas a municipal department; now, there- granted may be revoked at any time 20. Nays 0. Read second time. Read fore, by this Council. third time in full. Passed. Yeas 20. Be it ordained by the Council of Section 4. That this ordinance is Nays 0. the City of Cleveland: declared to be an emergency mea- Section 1. That the Director of the sure and, provided it receives the Ord. No. 1116-09. Department of Community Develop- affirmative vote of two-thirds of all By Council Member Wilkes. ment is hereby authorized to enter the members elected to Council, it An emergency ordinance authoriz- into an agreement effective August shall take effect and be in force ing and directing the Director of immediately upon its passage and Public Service to issue a permit to 8, 2009 with the Tremont West approval by the Mayor; otherwise it the Union Miles Development Cor- Development Corporation for the shall take effect and be in force poration to stretch banners on East August Expo Program for the pub- from and after the earliest period 93rd Street south of Benham Avenue lic purpose of providing dancing allowed by law. and across Miles Avenue at East and cultural education to city of Motion to suspend rules, Charter, 111th Street, for the period from Cleveland residents through the use and statutory provisions and place July 12, 2009 to August 17, 2009, of Ward 13 Neighborhood Capital on final passage. inclusive, publicizing the “Union Funds. The rules were suspended. Yeas Miles Community Expo.”. Section 2. That the cost of said 20. Nays 0. Read second time. Read Whereas, this ordinance consti- contract shall be in an amount not third time in full. Passed. Yeas 20. tutes an emergency measure provid- to exceed $25,000 and shall be paid Nays 0. ing for the usual daily operation of from Fund No. 10 SF 177. a municipal department; now, there- Section 3. That the Director of Ord. No. 1115-09. fore, Law shall prepare and approve said By Council Member Brady. Be it ordained by the Council of contract and that the contract shall An emergency ordinance authoriz- the City of Cleveland: contain such terms and provisions ing and directing the director of Section 1. That notwithstanding as he deems necessary to protect the Public Service to issue a permit to the provision of Section 623.13 of City’s interest. Westown Community Development the Codified Ordinances, of Cleve- Section 4. That this ordinance is Corporation to stretch banners at land, Ohio, 1976, the Director of the hereby declared to be an emergency the southwest corner of Terminal Department of Public Service is measure and, provided it receives Avenue and West 130th Street & the hereby authorized and directed to the affirmative vote of two-thirds of northwest area of West 130th Street, issue a permit to the Union Miles all the members elected to Council, for the period of time from August Development Corporation to install, it shall take effect and be in force 1, 2009 to August 31, 2009, inclusive, maintain and remove banners on immediately upon its passage and publicizing the Westpark Communi- East 93rd Street south of Benham approval by the Mayor; otherwise, it ty Celebration. Avenue and across Miles Avenue at shall take effect and be in force Whereas, this ordinance consti- East 111th Street, for the period from and after the earliest period tutes an emergency measure provid- from July 12, 2009 to August 17, allowed by law. ing for the usual daily operation of 2009, inclusive. Said banner shall Motion to suspend rules, Charter, a municipal department; now, there- be approved by the Director of Pub- and statutory provisions and place fore, lic Service, in consultation with the on final passage. Be it ordained by the Council of Director of Public Safety, as to The rules were suspended. Yeas the City of Cleveland: type, method of affixing and loca- 20. Nays 0. Read second time. Read Section 1. That notwithstanding tion so as not to interfere with any third time in full. Passed. Yeas 20. the provision of Section 623.13 of sign erected and maintained under Nays 0. 1492 August 12, 2009 The City Record 27

Ord. No. 1118-09. Section 4. That this ordinance is ment is hereby authorized to enter By Council Member Polensek. hereby declared to be an emergency into an agreement with Community An emergency ordinance authoriz- measure and, provided it receives Housing Solutions for the Furnace ing the Director of Parks, Recre- the affirmative vote of two-thirds of Repair Program for the public pur- ation and Properties to enter into an all the members elected to Council, pose of providing furnace repair as- agreement with the Sims Raiders it shall take effect and be in force sistance to low and moderate income Youth Organization Inc. for Youth immediately upon its passage and resident that reside in the City of Football and Cheerleading Program approval by the Mayor; otherwise, it Cleveland through the use of Ward through the use of Ward 11 Neigh- shall take effect and be in force 18 Neighborhood Capital Funds. borhood Equity Funds. from and after the earliest period Section 2. That the cost of said Whereas, this ordinance consti- allowed by law. contract shall be in an amount not tutes an emergency measure provid- Motion to suspend rules, Charter, to exceed $20,000 and shall be paid ing for the usual daily operation of and statutory provisions and place from Fund No. 10 SF 177. a municipal department; now, there- on final passage. Section 3. That the Director of fore, The rules were suspended. Yeas Law shall prepare and approve said Be it ordained by the Council of 20. Nays 0. Read second time. Read contract and that the contract shall the City of Cleveland: third time in full. Passed. Yeas 20. contain such terms and provisions Section 1. That the Director of Nays 0. as he deems necessary to protect the Parks, Properties and Recreation is City’s interest. authorized to enter into an agree- Ord. No. 1119-09. Section 4. That this ordinance is ment with the Sims Raiders Youth By Council Member Westbrook. hereby declared to be an emergency Organization Inc., for the Youth Foot- ball and Cheerleading Program for An emergency ordinance autho- measure and, provided it receives the public purpose of providing orga- rizing the Director of Community the affirmative vote of two-thirds of nized football and cheerleading activ- Development to enter into an agree- all the members elected to Council, ities for youth residing in the City of ment with Community Housing Solu- it shall take effect and be in force Cleveland through the use of Ward tions for the Furnace Repair Pro- immediately upon its passage and 11 Neighborhood Equity Funds. gram through the use of Ward 18 approval by the Mayor; otherwise, it Section 2. That the cost of said Neighborhood Capital Funds. shall take effect and be in force contract shall be in an amount not Whereas, this ordinance consti- from and after the earliest period to exceed $1,500 and shall be paid tutes an emergency measure provid- allowed by law. from Fund No. 10 SF 166. ing for the usual daily operation of Motion to suspend rules, Charter, Section 3. That the Director of a municipal department; now, there- and statutory provisions and place Law shall prepare and approve said fore, on final passage. contract and that the contract shall Be it ordained by the Council of The rules were suspended. Yeas contain such terms and provisions the City of Cleveland: 20. Nays 0. Read second time. Read as he deems necessary to protect the Section 1. That the Director of the third time in full. Passed. Yeas 20. City’s interest. Department of Community Develop- Nays 0.

Ord. No. 1156-09. By Council Members Pruitt and Sweeney (by departmental request). An emergency ordinance to amend Section 40 of Ordinance No. 947-08, passed June 9, 2008, relating to compen- sation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 40 of Ordinance No. 947-08, passed June 9, 2008, is amended to read as follows:

Section 40. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Minimum Maximum 1. City Comptroller ...... $42,758.15 $133,845.38 2. City Treasurer...... $42,758.15 $123,548.92 3. Chief Technology Officer...... $45,000.00 $150,454.32 4. Commissioner of Accounts ...... $40,314.82 $128,214.57 5. Commissioner of Administrative Services – Community Development...... $40,314.82 $128,214.57 6. Commissioner of Air Quality ...... $42,758.15 $133,845.38 7. Commissioner of Architecture...... $42,758.15 $143,360.63 8. Commissioner of Assessments and Licenses...... $40,314.82 $118,350.91 9. Commissioner of Burke Airport ...... $40,314.92 $118,350.91 10. Commissioner of Cleveland Hopkins International Airport ...... $42,758.15 $143,360.63 11. Commissioner of Cleveland Public Power ...... $45,201.46 $167,171.47 12. Commissioner of Code Enforcement...... $42,758.15 $133,845.38 13. Commissioner of Construction Permitting ...... $42,758.15 $133,845.38 14. Commissioner of Convention Center...... $45,201.46 $126,903.17 15. Commissioner of Emergency Medical Services ...... $42,758.15 $133,845.38 16. Commissioner of Engineering and Construction ...... $45,201.46 $142,289.43 17. Commissioner of Environment...... $42,758.15 $133,845.38 18. Commissioner of Health...... $45,021.46 $142,289.43 19. Commissioner of House of Corrections ...... $40,314.82 $118,231.89 20. Commissioner of Information Technology & Services ...... $52,734.82 $142,289.43 21. Commissioner of Motor Vehicle Maintenance...... $40,314.82 $128,214.57 22. Commissioner of Real Estate ...... $40,314.82 $118,350.91 23. Commissioner of Neighborhood Services ...... $42,758.15 $123,548.92 1493 28 The City Record August 12, 2009

24. Commissioner of Park Maintenance and Properties ...... $42,758.15 $143,360.63 25. Commissioner of Parking Facilities...... $40,314.82 $128,214.57 26. Commissioner of Printing and Reproduction...... $40,314.82 $128,214.57 27. Commissioner of Property Management ...... $45,201.46 $142,289.43 28. Commissioner of Purchases and Supplies ...... $42,758.15 $123,548.92 29. Commissioner of Recreation ...... $42,758.15 $143,360.63 30. Commissioner of Research/Planning and Development...... $40,314.82 $128,214.57 31. Commissioner of Streets...... $40,314.82 $128,214.57 32. Commissioner of Traffic Engineering...... $42,758.15 $123,548.92 33. Commissioner of Utilities Engineering ...... $42,758.15 $118,350.91 34. Commissioner of Utilities Fiscal Control ...... $40,314.82 $118,350.91 35. Commissioner of Waste Collection and Disposal...... $40,314.82 $128,214.57 36. Commissioner of Water ...... $45,201.46 $167,171.47 37. Commissioner of Water Pollution Control ...... $40,314.82 $128,214.57 38. Deputy Director Department of Building and Housing...... $36,590.39 $133,845.38 39. Director of Workforce Development ...... $70,000.00 $160,000.00 40. Income Tax Administrator...... $42,758.15 $133,845.38 41. Manager of Internal Audit ...... $40,314.82 $118,350.91

Section 2. That existing Section 40 of Ordinance No. 947-08, passed June 9, 2008, is amended. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 20. Nays 0. Read second time. Read third time in full. Passed. Yeas 20. Nays 0.

Ord. No. 1157-09. By Council Members Pruitt and Sweeney (by departmental request). An emergency ordinance Approving the terms of the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Security Officers); and amending Section 14 of Ordinance No. 947-08, passed June 9, 2008, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the terms of the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Security Officers), as con- tained in the executive summary, placed in File No. 1157-09-A, for the period from April 1, 2007 through March 31, 2010, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase*

2% April 1, 2007 2% April 1, 2008 2% April 1, 2009

*Wage increases shall be effective as follows: (a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That Section 14 of Ordinance No. 947-08, passed June 9, 2008, is amended to read as follows:

Section 14. Ohio Patrolmen’s Benevolent Association. (Security Officers). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Security Officer...... $10.80 $20.29

Section 3. That existing Section 14 of Ordinance No. 947-08, passed June 9, 2008, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 20. Nays 0. Read second time. Read third time in full. Passed. Yeas 20. Nays 0. 1494 August 12, 2009 The City Record 29

Ord. No. 1159-09. Section 20. That the cost of any Partnership of part of Original 100 By Council Members Brady, Cim- contract or contracts or payments Acre Lots Nos. 320 and 324, as shown perman and Sweeney (by depart- authorized in this ordinance shall be by the recorded plat in Volume 271, mental request). paid from Fund Nos. 20 SF 380, 20 Page 90 of Cuyahoga County Map An emergency ordinance to amend SF 383, 20 SF 394, 20 SF 500, 20 SF Records, be the same more or less, Sections 1 and 20 of Ordinance No. 506, 20 SF 510, 20 SF 520, 20 SF 528, but subject to all legal highways. 319-09, passed March 16, 2009, relat- any state or federal funding ing to applying to the Northeast received under this ordinance, from Parcel No. 2 Ohio Areawide Coordinating Agency the fund or funds to which are cred- Situated in the City of Cleveland, for various infrastructure projects ited any grant funds or gifts County of Cuyahoga, State of Ohio and to authorize other contracting received under this ordinance, and and known as being Parcel “B” in authority to include the East 14th from any other funds that are appro- the Map of Consolidation for Prima- Streetscape to the project list; and priated for this purpose. (RL 188410) ry Health Systems of Ohio, Limited to supplement the ordinance by Section 2. That existing Sections 1 Partnership of part of Original 100 adding new Section 12a. to authorize and 20 of Ordinance No. 319-09, Acre Lots Nos. 320 and 324, as shown the Director of Public Service to passed March 16, 2009, are repealed. by the recorded plat in Volume 271, enter into one or more contracts Section 3. That Ordinance No. 319- Page 90 of Cuyahoga County Map with URS Corporation to design the 09, passed March 16, 2009 is supple- Records, be the same more or less, improvement. mented by adding new Section 12a. but subject to all legal highways. Whereas, this ordinance consti- to read as follows: tutes an emergency measure provid- Section 12a. That the Director of Parcel No. 3 ing for the usual daily operation of Public Service is authorized to enter Situated in the City of Cleveland, a municipal department; now, there- into one or more contracts with URS County of Cuyahoga, State of Ohio fore, Corporation for professional services and known as being Parcel “D” in Be it ordained by the Council of necessary to design the streetscape the Map of Consolidation for Prima- the City of Cleveland: improvement of East 14th Street as ry Health Systems of Ohio, Limited Section 1. That Sections 1 and 20 authorized in Section 1 of this ordi- Partnership of part of Original 100 of Ordinance No. 319-09, passed nance on the basis of its proposal Acre Lots Nos. 320 and 324, as shown March 16, 2009, are amended to read dated July 27, 2009, in the sum not by the recorded plat in Volume 271, as follows: to exceed $100,000, for the Depart- Page 90 of Cuyahoga County Map Section 1. That the Director of ment of Public Service. Records, be the same more or less, Public Service is authorized to apply Section 4. That this ordinance is but subject to all legal highways. to NOACA to pursue federal ARRA declared to be an emergency mea- sure and, provided it receives the Parcel No. 4 economic assistance, on behalf of affirmative vote of two-thirds of all Situated in the City of Cleveland, the City of Cleveland, for the fol- the members elected to Council, it County of Cuyahoga, State of Ohio lowing projects in the following shall take effect and be in force and known as being Parcel “E” in approximate amounts: immediately upon its passage and the Map of Consolidation for Prima- 1. The Rehabilitation of Willow approval by the Mayor; otherwise it ry Health Systems of Ohio, Limited Lift Bridge over Cuyahoga River, shall take effect and be in force Partnership of part of Original 100 in the approximate amount of from and after the earliest period Acre Lots Nos. 320 and 324, as shown $2,500,000; allowed by law. by the recorded plat in Volume 271, 2. The Avenue District, Ph IV: Motion to suspend rules, Charter, Page 90 of Cuyahoga County Map Rehabilitation of E. 12th St. from and statutory provisions and place Records, be the same more or less, Superior Ave. to Chester Ave., in the on final passage. but subject to all legal highways. approximate amount of $800,000; The rules were suspended. Yeas 3. The Rehabilitation of Center 20. Nays 0. Read second time. Read Parcel No. 5 Street Lift Bridge over Cuyahoga third time in full. Passed. Yeas 20. Situated in the City of Cleveland, River, in the approximate amount of Nays 0. County of Cuyahoga, State of Ohio $2,500,000; and know as being part of Original 4. The Kamms Streetscape Im- Ord. No. 1160-09. 100 Acre Lot No. 320 and bounded provement, Ph III: Lorain Ave. from By Council Members Cleveland, and described as follows: West corporation line to W. 150th Brancatelli, Cimperman and Swee- Beginning in the centerline of Project, in the approximate amount ney (by departmental request). Broadway S.E. at the most Norther- of $2,200,000; An emergency ordinance authoriz- ly corner of premises conveyed by 5. The Rehabilitation of Carter ing the Commissioner of Purchases Theophilus G. Clewell and wife to Lift Bridge over Cuyahoga River, and Supplies to enter into an Option Lorenz Sanda by deed dated June 5, in the approximate amount of to Purchase Agreement with Fast 1890, and recorded in Volume 475, $2,500,000; Track Cycling, Inc. in connection Page 508 of Cuyahoga County 6. The Rehabilitation and Replace- with the sale of City-owned proper- Records; ment of Concrete Retaining Walls at ty located at 5163 Broadway Avenue, Thence South 52° West along the Norfolk and Southern Railroad formerly known as St. Michael’s Northerly line of said land deeded to Bridge over Madison Avenue and Hospital. Lorenz Sanda 209 feet to the most CSX Railroad Bridge over Notting- Whereas, this ordinance consti- Westerly corner thereof; ham Road, in the approximate tutes an emergency measure provid- Thence Northwesterly and parallel amount of $5,000,000; and ing for the usual daily operation of with the centerline of Broadway S.E. 7. The East 14th Street Streetscape a municipal department; now, there- 40 feet; Improvement from Prospect Avenue fore, Thence Northeasterly and parallel to Euclid Avenue, in the approximate Be it ordained by the Council of with said first described course 209 amount of $2,800,000. the City of Cleveland: feet to the centerline of Broadway That the Director of Public Ser- Section 1. That notwithstanding S.E.; vice has already received legislative and as an exception to the provi- Thence Southeasterly along the authority to apply to NOACA to pur- sions of Chapters 181 and 183 of the centerline of Broadway S.E. 40 feet sue federal economic assistance, Codified Ordinances of Cleveland, to the place of beginning, be the which now will include federal Ohio, 1976, the Commissioner of same more or less, but subject to all ARRA funds, for the following pro- Purchases and Supplies is autho- legal highways. jects in the following approximate rized to enter into an Option to Pur- Section 2. That by and at the amounts: chase Agreement with Fast Track direction of the Board of Control, 8. The Reconstruction of the “W Cycling, Inc. for the sale of City- the Commissioner of Purchases and 77th Street Bridge Project over Nor- owned property located at 5163 Supplies is authorized to convey the folk and Southern Railroad and Broadway Avenue, formerly known property described above under the GCRTA”, in the approximate amount as St. Michael’s Hospital, and fur- option at a price determined to be of $884,000, as authorized by Ordi- ther described as follows: fair market value by the Board of nance No. 649-87, passed March 30, Control, taking into account all 1987. Parcel No. 1 restrictions, and encumbrances 9. The Reconstruction of the Situated in the City of Cleveland, placed by the City of Cleveland in “Aetna Road Bridge over CSX Rail- County of Cuyahoga, State of Ohio the deed of conveyance. road”, in the approximate amount of and known as being Parcel “A” in Section 3. That the Option to Pur- $592,230, as authorized by Ordinance the Map of Consolidation for Prima- chase Agreement shall be prepared No. 743-08 passed June 9, 2008. ry Health Systems of Ohio, Limited by the Director of Law. 1495 30 The City Record August 12, 2009

Section 4. That the conveyance Section 5. That notwithstanding Section 7. That this ordinance is shall be made by official deed pre- and as an exception to the provi- declared to be an emergency mea- pared by the Director of Law and sions of Title V of the Community sure and, provided it receives the executed by the Mayor on behalf of Development Code in the Codified affirmative vote of two-thirds of all the members elected to Council, it the City of Cleveland. The deed Ordinances of Cleveland, Ohio, shall take effect and be in force shall contain necessary provisions, 1976, the Director of Community immediately upon its passage and including restrictive reversionary Development may enter into and approval by the Mayor; otherwise it interests as may be specified by execute a project agreement for shall take effect and be in force the Board of Control or Director of and on behalf of the City of Cleve- from and after the earliest period Law, which shall protect the par- land with Fast Track Cycling, Inc., allowed by law. ties as their respective interests for the acquisition, disposition and Motion to suspend rules, Charter, and statutory provisions and place require and shall specifically con- private redevelopment of the prop- on final passage. tain a provision against the erec- erty described in this ordinance. The rules were suspended. Yeas tion of any advertising signs or Section 6. That the proceeds from 20. Nays 0. Read second time. Read billboards except permitted identi- the sale of the property shall be third time in full. Passed. Yeas 20. fication signs. deposited into Fund No. 10. Nays 0.

Ord. No. 1162-09. By Council Member Cimperman. An emergency ordinance authorizing the Director of Public Service to issue a permit to Friends of E Prep Schools to encroach into the public right-of-way above Superior Avenue and East 36th Street with 15 banners to be attached to Cleveland Public Power and First Energy utility poles (by separate permission). Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service is authorized to issue a permit, revocable at the will of Council, to Friends of E Prep Schools (“Permittee”), 1417 East 36th Street, Cleveland, Ohio 44114, to encroach into the pub- lic right-of-way above Superior Avenue and East 36th Street by installing, using, and maintaining 15 banners to be attached to Cleveland Public Power and First Energy utility poles (by separate permission) at the locations more fully described as follows:

LOCATION POLE NUMBER POLE OWNER

North side of Superior Ave. 1st pole east of E. 36th St. A6-29 CPP 2nd pole east of E. 36th St. No Tag CPP 3rd pole east of E. 36th St. M16-13 CPP 4th pole east of E. 36th St. No Tag CPP

East 36th St. between Superior Ave. and St. Clair Ave. 1st thru 7th pole on east side of street No Tag First Energy

South side of St. Clair Ave. 1st and 2nd pole west of E. 36th St. No Tag CPP 1st and 2nd pole east of E. 36th St. No Tag CPP

Section 2. That Permittee may assign the permit only with the written consent of the Director of Public Ser- vice. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to, poles; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans and specifications approved by the Commissioner of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorpo- rate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has prop- erly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 20. Nays 0. Read second time. Read third time in full. Passed. Yeas 20. Nays 0. 1496 August 12, 2009 The City Record 31

Ord. No. 1164-09. Section 1. That the Director of the Ord. No. 1177-09. By Council Member Cimperman. Department of Economic Develop- By Council Member Westbrook. An emergency ordinance authoriz- ment is authorized to enter into an An emergency ordinance authoriz- ing certain persons to engage in agreement with The Friends of the ing the Director of Community peddling in Ward 13 (Timothy Stew- Historic Variety Theatre for the Development to enter into agree- art). Variety Theatre Commercial and ment with Park Works for the Park Whereas, pursuant to Section Residential Restoration Project for Arts Program through the use of 675.08 of the Codified Ordinances of the public purpose of promoting his- Ward 18 Neighborhood Capital Cleveland, Ohio, 1976, (the “Codified toric preservation of a historic build- Funds. Ordinances”) the consent of Council ing and creating low to moderate Whereas, this ordinance consti- expressed by ordinance is a prereq- income housing for city of Cleveland tutes an emergency measure provid- uisite to peddling upon public rights residents through the use of Ward ing for the usual daily operation of of way outside of the Central Busi- 19 Neighborhood Equity Funds. a municipal department; now, there- ness District; and Section 2. That the Title and Sec- fore, Whereas, this Council has consid- tion 1 of Ordinance No. 945-09 passed Be it ordained by the Council of ered the requests of certain persons July 1, 2009 are hereby repealed. the City of Cleveland: to engage in peddling outside of the Section 3. That this ordinance is Section 1. That the Director of the Central Business District, and has hereby declared to be an emergency Department of Community Develop- determined that it is in the public measure and, provided it receives ment is hereby authorized to enter interest to allow each of said per- the affirmative vote of two-thirds of into an agreement effective July 8, sons to peddle in Ward 13; and all the members elected to Council, 2009 with Park Works for the Park Whereas, this ordinance consti- it shall take effect and be in force Arts Program for the public purpose tutes an emergency measure provid- immediately upon its passage and of providing art and recreational ing for the usual daily operation of approval by the Mayor; otherwise it education for Cleveland residents a municipal department; now, there- shall take effect and be in force through the use of Ward 18 Neigh- fore, from and after the earliest period borhood Capital Funds. Be it ordained by the Council of allowed by law. Section 2. That the cost of said the City of Cleveland: Motion to suspend rules, Charter, contract shall be in an amount not Section 1. That this Council con- and statutory provisions and place to exceed $2,500 and shall be paid sents, as required by, Section 675.08 on final passage. from Fund No. 10 SF 177. of the Codified Ordinances to allow The rules were suspended. Yeas Section 3. That the Director of each persons named below to 20. Nays 0. Read second time. Read Law shall prepare and approve said engage in peddling in the public third time in full. Passed. Yeas 20. contract and that the contract shall rights of way of Ward 13: Timothy Nays 0. contain such terms and provisions Stewart as he deems necessary to protect the Section 2. That all of the require- Ord. No. 1176-09. City’s interest. ments of Chapter 675 of the Codified By Council Member Dow. Section 4. That this ordinance is Ordinances shall apply to the per- An emergency ordinance authoriz- hereby declared to be an emergency sons named in Section 1 of this ordi- ing the Director of Parks, Recre- measure and, provided it receives nance. ation and Properties to enter into an the affirmative vote of two-thirds of Section 3. That the privilege agreement with Famicos Foundation all the members elected to Council, granted may be revoked at any time for the League Park Chargers Foot- it shall take effect and be in force by this Council. ball Program through the use of immediately upon its passage and Section 4. That this ordinance is Ward 7 Neighborhood Equity Funds approval by the Mayor; otherwise it declared to be an emergency mea- Whereas, this ordinance consti- shall take effect and be in force sure and, provided it receives the tutes an emergency measure provid- from and after the earliest period affirmative vote of two-thirds of all ing for the usual daily operation of allowed by law. the members elected to Council, it a municipal department; now, there- Motion to suspend rules, Charter, shall take effect and be in force fore, and statutory provisions and place immediately upon its passage and Be it ordained by the Council of on final passage. approval by the Mayor; otherwise, it shall take effect and be in force the City of Cleveland: The rules were suspended. Yeas from and after the earliest period Section 1. That the Director of the 20. Nays 0. Read second time. Read allowed by law. Department of Parks, Recreation third time in full. Passed. Yeas 20. Motion to suspend rules, Charter, and Properties is hereby authorized Nays 0. and statutory provisions and place to enter into an agreement with on final passage. Famicos Foundation for the League FIRST READING EMERGENCY The rules were suspended. Yeas Park Chargers Football Program for RESOLUTIONS READ IN FULL 20. Nays 0. Read second time. Read the public purpose of providing AND ADOPTED third time in full. Passed. Yeas 20. organized youth sports football Nays 0. activities for city of Cleveland youth Res. No. 1074-09. through the use of Ward 7 Neigh- By Council Members Brady and Ord. No. 1175-09. borhood Equity Funds. Sweeney (by departmental request). By Council Member Brady. Section 2. That the cost of said An emergency resolution appoint- An emergency ordinance amend- contract shall be in an amount not ing an assessment equalization ing the Title and Section 1 of Ordi- to exceed $4,650 and shall be paid board to hear objections to estimat- nance No. 945-09 passed July 1, 2009 from Fund No. 10 SF 166. ed assessments with respect to im- as it pertains to the Friends of the Section 3. That the Director of proving East 151st Street, Melville Historic Variety Theatre Restora- Law shall prepare and approve said Road, West 61st Street, West 64th tion Project through the use of contract and that the contract shall Street, and West 90th Streets, by Ward 19 Neighborhood Equity Funds. contain such terms and provisions making specified improvements along Whereas, this ordinance consti- as he deems necessary to protect the the public right-of-way. tutes an emergency measure provid- City’s interest. Whereas, under Resolution No. 87- ing for the usual daily operation of Section 4. That this ordinance is 09, adopted March 9, 2009, this Coun- a municipal department; now, there- hereby declared to be an emergency cil declared the necessity of improv- fore, measure and, provided it receives ing East 151st Street from Glendale Be it ordained by the Council of the affirmative vote of two-thirds of Avenue to Bartlett Avenue, Melville the City of Cleveland: all the members elected to Council, Road from St. Clair Avenue to Not- Section 1. That the Title and Sec- it shall take effect and be in force tingham Road, West 61st Street tion 1 of Ordinance No. 945-09 passed immediately upon its passage and from Detroit Avenue to Herman July 1, 2009 are hereby amended to approval by the Mayor; otherwise it Avenue, West 64th Street from De- read as follows: shall take effect and be in force troit Avenue to Herman Avenue, Authorizing the Director of the from and after the earliest period and West 90th Street from Clark Department of Economic Develop- allowed by law. Avenue to Denison Avenue by relay- ment to enter into agreement with Motion to suspend rules, Charter, ing and repairing sidewalks, drive- the Friends of the Historic Variety and statutory provisions and place way aprons, and curbs (including Theatre for the Historic Variety on final passage. adjustments of castings and land- Theatre Commercial and Residential The rules were suspended. Yeas scaping, if necessary) encroaching Restoration Project through the use 20. Nays 0. Read second time. Read upon the public right-of-ways or oth- of Ward 19 Neighborhood Equity third time in full. Passed. Yeas 20. erwise improving the right-of-ways; Funds. Nays 0. and 1497 32 The City Record August 12, 2009

Whereas, under the above resolu- Whereas, last week, the Greater Whereas, if the Beachland Station tion the estimated assessments for Cleveland Regional Transit Author- post office were to close, this would the improvement have been pre- ity (“RTA”) decided to eliminate all devastate the East 185th Street com- pared and placed on file in the 12 of its Community Circulator bus mercial corridor and the adjacent office of the Clerk of this Council; routes and raise most fares 25cents residential communities in Cleve- and to save approximately $5 million land’s Ward 11 and the City of Whereas, notice of the passage of dollars; and Euclid; and the resolution, as amended, and of Whereas, Community Circulators Whereas, this resolution consti- the filing of the estimated assess- are an extremely popular mode of tutes an emergency measure for the ments have been duly served on all transportation for hundreds of peo- immediate preservation of public property owners to be assessed in ple in Cleveland and the surround- peace, property, health, or safety, the manner provided by law; and ing areas; and now, therefore, Whereas, written objection to the Whereas, thousands of people in Be it resolved by the Council of estimated assessments may be filed our community depend on Commu- the City of Cleveland: by one or more property owners; and nity Circulator buses to get to work, Section 1. That this Council urges Whereas, this resolution consti- the grocery store, school, doctor’s the urges the United States Post- tutes an emergency measure provid- appointments and shopping because master General to keep open the ing for the usual daily operation of they do not drive; and Beachland Station post office locat- a municipal department; now, there- Whereas, Community Circulators ed at 891 East 185th Street in Cleve- fore, are a life-line to many seniors who land. Be it resolved by the Council of would otherwise be stranded in their Section 2. That the Clerk of Coun- the City of Cleveland: own homes without transportation; cil is directed to transmit copies of Section 1. That David J. Tarditi, and this resolution to the Postmaster John Moss, and Brian L. Bruzda, Whereas, most RTA riders would General of the United States. three disinterested freeholders of say they would rather pay increased Section 3. That this resolution is the City, are appointed as an assess- fares than see the Community Cir- hereby declared to be an emergency ment equalization board, and Carol culator routes be eliminated; and measure and, provided it receives A. Boddy, a disinterested freeholder, Whereas, this resolution consti- the affirmative vote of two-thirds of is appointed an alternate member, to tutes an emergency measure for the all the members elected to Council, hear and determine all written immediate preservation of public it shall take effect and be in force objections filed under the law to the peace, property, health, or safety, immediately upon its adoption and estimated assessments heretofore now, therefore, approval by the Mayor; otherwise, it filed with the Clerk of this Council Be it resolved by the Council of shall take effect and be in force under Resolution No. 87-09, adopted the City of Cleveland: from and after the earliest period March 9, 2009, of this Council. Section 1. That this Council urges allowed by law. Section 2. That the assessment the Greater Cleveland Regional Motion to suspend rules, Charter, equalization board shall meet at 9:00 Transit Authority to reconsider elim- and statutory provisions and place a.m. on Tuesday, August 18, 2009, at inating Community Circulators and on final adoption. Cleveland City Hall, 601 Lakeside to meet with City Council and other The rules were suspended. Yeas Avenue, Room 518, for the purposes community leaders in order to deter- 20. Nays 0. Read second time. Read mentioned above, and on completion mine other ways to save money third time in full. Adopted. Yeas 20. of the hearing and any adjourn- without negatively impacting com- Nays 0. ments, shall report its recommenda- munity circulator riders and neigh- tions, including any changes which borhood routes. Res. No. 1109-09. should be made in the estimated Section 2. That the Clerk of Coun- By Council Member Cleveland. assessments, to this Council. cil is directed to transmit copies of An emergency resolution support- Section 3. That the Clerk of Coun- this resolution to Joe Calabrese, ing Western Reserve Land Conser- cil is authorized and directed to RTA General Manager, all members vancy’s application to the Clean notify, by certified mail, each per- of the RTA Board of Directors. Ohio Conservation Fund for the son who has filed timely written Section 3. That this resolution is Dunham Tavern Museum Expansion objection to the estimated assess- ments of the time and place of the hereby declared to be an emergency and Preservation Project. hearing of the assessment equaliza- measure and, provided it receives Whereas, the Dunham Tavern tion board. the affirmative vote of two-thirds of Museum (the “Museum”) and its Section 4. That this resolution is all the members elected to Council, partner Western Reserve Land Con- declared to be an emergency mea- it shall take effect and be in force servancy seek to pursue the Dun- sure and, provided it receives the immediately upon its adoption and ham Tavern Museum Expansion and affirmative vote of two-thirds of all approval by the Mayor; otherwise, it Preservation Project (the “Project”); the members elected to Council, it shall take effect and be in force and shall take effect and be in force from and after the earliest period Whereas, as part of the Project immediately upon its adoption and allowed by law. the Museum desires to expand its approval by the Mayor; otherwise it Motion to suspend rules, Charter, current land holdings by purchasing shall take effect and be in force and statutory provisions and place the vacant 6611 Euclid building from and after the earliest period on final adoption. adjacent to the Museum’s property; allowed by law. The rules were suspended. Yeas and Motion to suspend rules, Charter, 20. Nays 0. Read second time. Read Whereas, this acquisition would and statutory provisions and place third time in full. Adopted. Yeas 20. result in the beneficial re-use of a on final adoption. Nays 0. vacant property located along the The rules were suspended. Yeas Euclid Corridor, where the City of 20. Nays 0. Read second time. Read Res. No. 1108-09. Cleveland has made significant third time in full. Adopted. Yeas 20. By Council Member Polensek. investment to encourage sustainable Nays 0. An emergency resolution urging economic redevelopment; and the United States Postmaster Gener- Whereas, the 2005 MidTown Mas- Res. No. 1107-09. al to keep open the Beachland Sta- ter Plan identifies the Museum site By Council Members Polensek, tion post office located at 891 East as the MidTown neighborhood’s Sweeney, Brady, Brancatelli, Cim- 185th Street in Cleveland. “central green,” providing a major perman, Cleveland, Cloud, Conwell, Whereas, the U.S. Postal Service amenity and sense of identity with- Cummins, Dow, Johnson, Keane, Kel- has recently announced they plan to in the neighborhood; and ley, Miller, Mitchell, Pruitt, Reed, close possibly 24 area post offices in Whereas, the Museum property Santiago, Westbrook, Wilkes, Zone northern Ohio by October 1, 2009; currently provides much needed pub- and Mayor Jackson. and licly accessible open space, passive An emergency resolution urging Whereas, one post office they recreation, and educational opportu- the Greater Cleveland Regional could close is the Beachland Station, nities through its Heritage Trail Transit Authority to reconsider elim- located at 891 East 185th Street, in and Learning Gardens; and inating Community Circulators and Cleveland; and Whereas, the Project would in- to meet with City Council and other Whereas, the cities of Cleveland crease the Museum’s open space, community leaders in order to deter- and Euclid have worked extremely passive recreation and educational mine ways to save money without hard over the years to improve the offerings; and negatively impacting Community East 185th Street corridor and keep Whereas, the City of Cleveland Circulator riders and neighborhood it a thriving, community-oriented seeks to coordinate with nonprofits routes. business neighborhood; and such as the Museum to increase the 1498 August 12, 2009 The City Record 33 availability of high-quality recre- Whereas, the applicant is unfit to a municipal department; now, there- ation opportunities and facilities continue to engage in the liquor per- fore, that meet the needs of Clevelanders mit business in that he has operat- Be it resolved by the Council of of all ages, ability levels, incomes ed his liquor permit business in a the City of Cleveland: and interests; and manner that demonstrates a disre- Section 1. That objection to a C1 Whereas, as part of the Project, gard for the laws, regulations or and C2 Liquor Permit to Conve- the Museum intends to preserve the local ordinances of the state, and nience Management Services, Inc., Dunham Tavern building and its that this objection is based on other DBA BP #3620, Mart #4431, 10202 grounds in perpetuity through a con- legal grounds as set forth in Lorain Avenue, Cleveland, Ohio servation easement to be held by Revised Code Section 4303.292; and 44111, Permanent No. 17090950210, be Western Reserve Land Conservancy; Whereas, this resolution consti- and the same is hereby withdrawn and tutes an emergency measure provid- and Resolution No. 929-09, contain- Whereas, the Dunham Tavern ing for the immediate preservation ing such objection, be and the same building is a Cleveland Landmark of the public peace, prosperity, safe- is hereby repealed and that this and has the distinction of being the ty and welfare pursuant to Section Council consents to the immediate oldest building in Cleveland still 4303.271 of the Ohio Revised Code, transfer thereof. standing on its original foundation; objections to renewal of liquor per- Section 2. That this resolution is and mits shall be made no later than hereby declared to be an emergency Whereas, the City of Cleveland thirty days prior to the expiration measure and, provided it receives seeks to foster preservation of his- date of the permit; now, therefore, the affirmative vote of two-thirds of torically and architecturally signifi- Be it resolved by the Council of all the members elected to Council, cant buildings and properties with- the City of Cleveland: it shall take effect and be in force in the City; and Section 1. That Council does here- immediately upon its adoption and Whereas, one of the City of Cleve- by record its objection to the renew- approval by the Mayor; otherwise, it land’s policies set forth in its 2020 al of a D5 and D6 Liquor Permit, shall take effect and be in force Citywide Plan is to ensure that land Permit No. 0698843 owned by Big from and after the earliest period is used in a manner that preserves Bob’s, Inc., DBA Billy C’s, 13525 allowed by law. and expands valuable open space, Lakewood Heights Boulevard, Cleve- Motion to suspend rules, Charter, protects natural habitats, retains land, Ohio 44107 and requests the and statutory provisions and place and replaces trees, prevents envi- Director of Liquor Control to set a on final adoption. ronmental contamination, and pro- hearing for said application in ac- The rules were suspended. Yeas tects sensitive lands; and cordance with provisions of Section 20. Nays 0. Read second time. Read Whereas, the Museum’s partner, 4303.271 of the Revised Code of Ohio. third time in full. Adopted. Yeas 20. Western Reserve Land Conservancy, Section 2. That the Clerk of Coun- Nays 0. is seeking funding for the Project cil be and she is hereby directed to through the Clean Ohio Conserva- transmit two certified copies of this Res. No. 1088-09. tion Fund administered by the Ohio resolution, together with two copies By Council Member Brady. Public Works Commission; and of a letter of objection and two An emergency resolution with- drawing objection to the transfer of Whereas, this resolution consti- copies of a letter requesting that the ownership of a C1 Liquor Permit at tutes an emergency measure for the hearing be held in Cleveland, Cuya- 3065 West 117th Street, and repeal- immediate preservation of public hoga County, and a statement by the ing Resolution No. 930-09, objecting peace, property, health or safety, Director of Law that, in the Direc- to said transfer. now, therefore, tor’s opinion, that the objection is Whereas, this Council objected to Be it resolved by the Council of based upon substantial legal grounds the transfer of ownership of a C1 the City of Cleveland: within the meaning and intent of Liquor Permit to Convenience Man- Section 1. That this Council sup- division (A) of Section 4303.292 of agement Services, Inc., DBA BP ports Western Reserve Land Con- the Revised Code to the Director of #3619, 3065 West 117th Street, Cleve- servancy’s application to the Clean Liquor Control. land, Ohio 44119, Permanent No. Ohio Conservation Fund for the Section 3. That this resolution is 17090950400, by Resolution No. 930-09 hereby declared to be an emergency Dunham Tavern Museum Expansion adopted by the Council on July 1, measure and, provided it receives and Preservation Project. 2009; and Section 2. That the Clerk of Coun- the affirmative vote of two-thirds of Whereas, this Council wishes to cil is hereby directed to transmit all the members elected to Council, withdraw its objection to the above certified copies of this resolution to it shall take effect and be in force transfer and consents to said trans- the appropriate party at MidTown immediately upon its adoption and fer; and Cleveland, Inc. approval by the Mayor; otherwise, it Whereas, this resolution consti- Section 3. That this resolution is shall take effect and be in force tutes an emergency measure provid- hereby declared to be an emergency from and after the earliest period ing for the usual daily operation of measure and, provided it receives allowed by law. a municipal department; now, there- the affirmative vote of two-thirds of Motion to suspend rules, Charter, fore, all the members elected to Council, and statutory provisions and place Be it resolved by the Council of it shall take effect and be in force on final adoption. the City of Cleveland: immediately upon its adoption and The rules were suspended. Yeas Section 1. That objection to a C1 approval by the Mayor; otherwise it 20. Nays 0. Read second time. Read Liquor Permit to Convenience Man- shall take effect and be in force third time in full. Adopted. Yeas 20. agement Services, Inc., DBA BP from and after the earliest period Nays 0. #3619, 3065 West 117th Street, Cleve- allowed by law. land, Ohio 44119, Permanent No. Motion to suspend rules, Charter, Res. No. 1087-09. 17090950400, be and the same is here- and statutory provisions and place By Council Member Brady. by withdrawn and Resolution No. on final adoption. An emergency resolution with- 930-09, containing such objection, be The rules were suspended. Yeas drawing objection to the transfer of and the same is hereby repealed and 20. Nays 0. Read second time. Read ownership of a C1 and C2 Liquor that this Council consents to the third time in full. Adopted. Yeas 20. Permit at 10202 Lorain Avenue, and immediate transfer thereof. Nays 0. repealing Resolution No. 929-09, Section 2. That this resolution is objecting to said transfer. hereby declared to be an emergency Res. No. 1086-09. Whereas, this Council objected to measure and provided it receives the By Council Member Brady. the transfer of ownership of a C1 affirmative vote of two-thirds of all An emergency resolution object- and C2 Liquor Permit to Conve- the members elected to Council, it ing to the renewal of a D5 and D6 nience Management Services, Inc., shall take effect and be in force Liquor Permit at 13525 Lakewood DBA BP #3620, Mart #4431, 10202 immediately upon its adoption and Heights Boulevard. Lorain Avenue, Cleveland, Ohio approval by the Mayor; otherwise, it Whereas, the uniform date for 44111, Permanent No. 17090950210, by shall take effect and be in force renewal of liquor permits in the Resolution No. 929-09 adopted by the from and after the earliest period State of Ohio is October 1st; and Council on July 1, 2009; and allowed by law. Whereas, pursuant to Section Whereas, this Council wishes to Motion to suspend rules, Charter, 4303.271 of the Revised Code, the leg- withdraw its objection to the above and statutory provisions and place islative authority of a municipal cor- transfer and consents to said trans- on final adoption. poration may object to the renewal fer; and The rules were suspended. Yeas of a permit based upon legal grounds Whereas, this resolution consti- 20. Nays 0. Read second time. Read as set forth in division (A) of tutes an emergency measure provid- third time in full. Adopted. Yeas 20. Revised Code Section 4303.292; and ing for the usual daily operation of Nays 0. 1499 34 The City Record August 12, 2009

Res. No. 1089-09. Whereas, the uniform date for Whereas, the uniform date for re- By Council Member Cimperman. renewal of liquor permits in the newal of liquor permits in the State An emergency resolution object- State of Ohio is October 1st; and of Ohio is October 1st; and ing to the renewal of a D5 and D6 Whereas, pursuant to Section Whereas, pursuant to Section Liquor Permit at 2325 Elm Street. 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the Whereas, the uniform date for legislative authority of a municipal legislative authority of a municipal renewal of liquor permits in the corporation may object to the renew- corporation may object to the renew- State of Ohio is October 1st; and al of a permit based upon legal al of a permit based upon legal Whereas, pursuant to Section grounds as set forth in division (A) grounds as set forth in division (A) 4303.271 of the Revised Code, the of Revised Code Section 4303.292; of Revised Code Section 4303.292; legislative authority of a municipal and and corporation may object to the renew- Whereas, the applicant is unfit to Whereas, the applicant is unfit to al of a permit based upon legal continue to engage in the liquor per- continue to engage in the liquor per- grounds as set forth in division (A) mit business in that he has operat- mit business in that he has operat- of Revised Code Section 4303.292; ed his liquor permit business in a ed his liquor permit business in a and manner that demonstrates a disre- manner that demonstrates a disre- Whereas, the applicant is unfit to gard for the laws, regulations or gard for the laws, regulations or continue to engage in the liquor per- local ordinances of the state, and local ordinances of the state, and mit business in that he has operat- that this objection is based on other that this objection is based on other ed his liquor permit business in a legal grounds as set forth in Re- legal grounds as set forth in Re- manner that demonstrates a disre- vised Code Section 4303.292; and vised Code Section 4303.292; and gard for the laws, regulations or Whereas, this resolution consti- Whereas, this resolution consti- local ordinances of the state, and tutes an emergency measure pro- tutes an emergency measure pro- that this objection is based on other viding for the immediate preserva- viding for the immediate preserva- legal grounds as set forth in Re- tion of the public peace, prosperi- tion of the public peace, prosperi- vised Code Section 4303.292; and Whereas, this resolution consti- ty, safety and welfare pursuant to ty, safety and welfare pursuant to tutes an emergency measure provid- Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- ing for the immediate preservation vised Code, objections to renewal vised Code, objections to renewal of the public peace, prosperity, safe- of liquor permits shall be made no of liquor permits shall be made no ty and welfare pursuant to Section later than thirty days prior to the later than thirty days prior to the 4303.271 of the Ohio Revised Code, expiration date of the permit; now, expiration date of the permit; now, objections to renewal of liquor per- therefore, therefore, mits shall be made no later than Be it resolved by the Council of Be it resolved by the Council of thirty days prior to the expiration the City of Cleveland: the City of Cleveland: date of the permit; now, therefore, Section 1. That Council does here- Section 1. That Council does here- Be it resolved by the Council of by record its objection to the by record its objection to the the City of Cleveland: renewal of a D5 Liquor Permit, Per- renewal of a D1, D2, D3 and D3A Section 1. That Council does here- mit No. 7462760 owned by Rodeo Liquor Permit, Permit No. 9956778 by record its objection to the renew- Bar & Grill, Inc., DBA Rodeo Bar owned by ZMDS Entertainment, al of a D5 and D6 Liquor Permit, & Grill, 3146 West 14th Street, Inc., DBA Envy Lounge, 2132 West Permit No. 5870816 owned by Metrop- Cleveland, Ohio 44109 and requests 25th Street, 1st floor, Cleveland, olis Night Club, Inc., 2325 Elm the Director of Liquor Control to Ohio 44113 and requests the Direc- Street, Cleveland, Ohio 44113, and set a hearing for said application tor of Liquor Control to set a hear- requests the Director of Liquor Con- in accordance with provisions of ing for said application in accor- trol to set a hearing for said appli- Section 4303.271 of the Revised dance with provisions of Section cation in accordance with provisions Code of Ohio. 4303.271 of the Revised Code of of Section 4303.271 of the Revised Section 2. That the Clerk of Coun- Ohio. Code of Ohio. cil be and she is hereby directed to Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- transmit two certified copies of this cil be and she is hereby directed to cil be and she is hereby directed to resolution, together with two copies transmit two certified copies of this transmit two certified copies of this of a letter of objection and two resolution, together with two copies resolution, together with two copies copies of a letter requesting that the of a letter of objection and two of a letter of objection and two hearing be held in Cleveland, Cuya- copies of a letter requesting that the copies of a letter requesting that the hoga County, and a statement by the hearing be held in Cleveland, Cuya- hearing be held in Cleveland, Cuya- Director of Law that, in the Direc- hoga County, and a statement by the hoga County, and a statement by the tor’s opinion, that the objection is Director of Law that, in the Direc- Director of Law that, in the Direc- based upon substantial legal grounds tor’s opinion, that the objection is tor’s opinion, that the objection is within the meaning and intent of based upon substantial legal grounds based upon substantial legal grounds division (A) of Section 4303.292 of within the meaning and intent of within the meaning and intent of the Revised Code to the Director of division (A) of Section 4303.292 of division (A) of Section 4303.292 of Liquor Control. the Revised Code to the Director of the Revised Code to the Director of Section 3. That this resolution is Liquor Control. Liquor Control. hereby declared to be an emergency Section 3. That this resolution is Section 3. That this resolution is measure and provided it receives the hereby declared to be an emergency hereby declared to be an emergency affirmative vote of two-thirds of all measure and provided it receives the measure and provided it receives the the members elected to Council, it affirmative vote of two-thirds of all affirmative vote of two-thirds of all shall take effect and be in force the members elected to Council, it the members elected to Council, it shall take effect and be in force immediately upon its adoption and shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period shall take effect and be in force from and after the earliest period allowed by law. from and after the earliest period allowed by law. Motion to suspend rules, Charter, allowed by law. Motion to suspend rules, Charter, and statutory provisions and place Motion to suspend rules, Charter, and statutory provisions and place on final adoption. and statutory provisions and place on final adoption. The rules were suspended. Yeas on final adoption. The rules were suspended. Yeas 20. Nays 0. Read second time. Read The rules were suspended. Yeas 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. Nays 0. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Res. No. 1091-09. Res. No. 1090-09. By Council Member Cimperman. Res. No. 1092-09. By Council Member Cimperman. An emergency resolution object- By Council Member Cleveland. An emergency resolution object- ing to the renewal of a D1, D2, D3 An emergency resolution object- ing to the renewal of a D5 Liquor and D3A Liquor Permit at 2132 West ing to a New C1 Liquor Permit at Permit at 3146 West 14th Street. 25th Street, 1st floor. 5474 Broadway Avenue. 1500 August 12, 2009 The City Record 35

Whereas, Council has been noti- Motion to suspend rules, Charter, mit business in that he has operat- fied by the Department of Liquor and statutory provisions and place ed his liquor permit business in a Control of an application for a New on final adoption. manner that demonstrates a disre- C1 Liquor Permit at Nancy Cotton, The rules were suspended. Yeas gard for the laws, regulations or DBA Mr. Lucky’s, 5474 Broadway 20. Nays 0. Read second time. Read local ordinances of the state, and Avenue, Cleveland, Ohio 44127, Per- third time in full. Adopted. Yeas 20. that this objection is based on other manent Number 1769654; and Nays 0. legal grounds as set forth in Re- Whereas, the granting of this ap- vised Code Section 4303.292; and plication for a liquor permit to this Res. No. 1093-09. Whereas, this resolution consti- high crime area, which is already By Council Member Cummins. tutes an emergency measure pro- saturated with other liquor outlets, An emergency resolution with- viding for the immediate preserva- is contrary to the best interests of drawing objection to the transfer of tion of the public peace, prosperi- the entire community; and ownership of C1 and C2 Liquor Per- ty, safety and welfare pursuant to Whereas, the applicant does not mit at 2145 Broadview Road and Section 4303.271 of the Ohio qualify to be a permit holder and/or repealing Resolution No. 793-09, ob- Revised Code, objections to renew- has demonstrated that he has oper- jecting to said transfer al of liquor permits shall be made ated his liquor business in disregard Whereas, this Council objected to no later than thirty days prior to of the laws, regulations or local the transfer of ownership of a C1 the expiration date of the permit; now, therefore, ordinances of this state or any other and C2 Liquor Permit to Kathy Be it resolved by the Council of state; and Miles, DBA Michael’s Deli & Bever- the City of Cleveland: Whereas, the place for which the age, 2145 Broadview Road, Cleve- Section 1. That Council does here- permit is sought has not conformed land, Ohio 44109, Permanent No. by record its objection to the renew- to the building, safety or health 3486305, by Resolution No. 793-09 al of a D1, D2, D3, D3A and D6 requirements of the governing body adopted by the Council on June 1, Liquor Permit, Permit No. 7421261 of this County or City; and 2009; and owned by Robert Burton Enterpris- Whereas, the place for which the Whereas, this Council wishes to withdraw its objection to the above es, Inc., 7017-19 Superior Avenue, 1st permit is sought is so arranged or and 2nd floors, Cleveland, Ohio constructed that law enforcement transfer and consents to said trans- fer; and 44103, and requests the Director of officers or agents of the Department Liquor Control to set a hearing for of Liquor Control are prevented rea- Whereas, this resolution consti- tutes an emergency measure provid- said application in accordance with sonable access to the establishment; provisions of Section 4303.271 of the and ing for the usual daily operation of a municipal department; now, there- Revised Code of Ohio. Whereas, the place for which the Section 2. That the Clerk of Coun- permit is sought is so located with fore, Be it resolved by the Council of cil be and she is hereby directed to respect to the neighborhood that it transmit two certified copies of this the City of Cleveland: substantially interferes with public resolution, together with two copies Section 1. That objection to a C1 decency, sobriety, peace or good of a letter of objection and two and C2 Liquor Permit to Kathy order; and copies of a letter requesting that the Miles, DBA Michael’s Deli & Bever- Whereas, this objection is based hearing be held in Cleveland, Cuya- age, 2145 Broadview Road, Cleve- on other legal grounds as set forth hoga County, and a statement by the land, Ohio 44109, Permanent No. in Revised Code Section 4303.292; Director of Law that, in the Direc- 3486305, be and the same is hereby and tor’s opinion, that the objection is withdrawn and Resolution No. 793- Whereas, this resolution consti- based upon substantial legal grounds 09, containing such objection, be and tutes an emergency measure pro- within the meaning and intent of the same is hereby repealed and viding for the immediate preserva- division (A) of Section 4303.292 of that this Council consents to the tion of the public peace, prosperi- the Revised Code to the Director of immediate transfer thereof. ty, safety and welfare pursuant to Liquor Control. Section 2. That this resolution is Section 4303.26 of the Ohio Revised Section 3. That this resolution is hereby declared to be an emergency Code. Council’s objection to said hereby declared to be an emergency measure and provided it receives the permit must be received by the measure and provided it receives the affirmative vote of two-thirds of all Director of Liquor Control within affirmative vote of two-thirds of all the members elected to Council, it 30 days of notification; now, there- the members elected to Council, it shall take effect and be in force shall take effect and be in force fore, immediately upon its adoption and Be it resolved by the Council of immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it the City of Cleveland: shall take effect and be in force Section 1. That Council does here- shall take effect and be in force from and after the earliest period from and after the earliest period by record its objection to a New C1 allowed by law. Liquor Permit at Nancy Cotton, DBA allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Mr. Lucky’s, 5474 Broadway Avenue, and statutory provisions and place Cleveland, Ohio 44127, Permanent and statutory provisions and place on final adoption. on final adoption. Number 1769654; and requests the The rules were suspended. Yeas The rules were suspended. Yeas Director of Liquor Control to set a 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read hearing for said application in third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. accordance with provisions of Sec- Nays 0. Nays 0. tion 4303.26 of the Revised Code of Ohio. Res. No. 1094-09. Res. No. 1095-09. Section 2. That the Clerk of Coun- By Council Member Dow. By Council Member Kelley. cil be and she is hereby directed to An emergency resolution object- An emergency resolution object- transmit two certified copies of this ing to the renewal of a D1, D2, D3, ing to the renewal of a D1, D2, D3, resolution, together with two copies D3A and D6 Liquor Permit at 7017- D3A and D6 Liquor Permit at 4450- of a letter of objection and two 19 Superior Avenue, 1st and 2nd 52 Broadview Road. copies of a letter requesting that the floors. Whereas, the uniform date for hearing be held in Cleveland, Cuya- Whereas, the uniform date for renewal of liquor permits in the hoga County. renewal of liquor permits in the State of Ohio is October 1st; and Section 3. That this resolution is State of Ohio is October 1st; and Whereas, pursuant to Section hereby declared to be an emergency Whereas, pursuant to Section 4303.271 of the Revised Code, the measure and provided it receives the 4303.271 of the Revised Code, the legislative authority of a municipal affirmative vote of two-thirds of all legislative authority of a municipal corporation may object to the renew- the members elected to Council, it corporation may object to the renew- al of a permit based upon legal shall take effect and be in force al of a permit based upon legal grounds as set forth in division (A) immediately upon its adoption and grounds as set forth in division (A) of Revised Code Section 4303.292; approval by the Mayor; otherwise, it of Revised Code Section 4303.292; and shall take effect and be in force and Whereas, the applicant is unfit to from and after the earliest period Whereas, the applicant is unfit to continue to engage in the liquor per- allowed by law. continue to engage in the liquor per- mit business in that he has operat- 1501 36 The City Record August 12, 2009 ed his liquor permit business in a manner that demonstrates a disre- already saturated with other liquor manner that demonstrates a disre- gard for the laws, regulations or outlets, is contrary to the best inter- gard for the laws, regulations or local ordinances of the state, and ests of the entire community; and local ordinances of the state, and that this objection is based on other Whereas, the applicant does not that this objection is based on other legal grounds as set forth in Re- qualify to be a permit holder and/or legal grounds as set forth in Re- vised Code Section 4303.292; and has demonstrated that he has oper- vised Code Section 4303.292; and Whereas, this resolution consti- ated his liquor business in disregard Whereas, this resolution consti- tutes an emergency measure pro- of the laws, regulations or local tutes an emergency measure pro- viding for the immediate preserva- ordinances of this state or any other viding for the immediate preserva- tion of the public peace, prosperi- state; and tion of the public peace, prosperi- ty, safety and welfare pursuant to Whereas, the place for which the ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- permit is sought has not conformed Section 4303.271 of the Ohio Re- vised Code, objections to renewal to the building, safety or health vised Code, objections to renewal of liquor permits shall be made no requirements of the governing body of liquor permits shall be made no later than thirty days prior to the of this County or City; and later than thirty days prior to the expiration date of the permit; now, Whereas, the place for which the expiration date of the permit; now, therefore, permit is sought is so arranged or therefore, Be it resolved by the Council of constructed that law enforcement Be it resolved by the Council of the City of Cleveland: officers or agents of the Department the City of Cleveland: Section 1. That Council does here- of Liquor Control are prevented rea- Section 1. That Council does here- by record its objection to the renew- sonable access to the establishment; by record its objection to the renew- al of a C1 and C2 Liquor Permit, and al of a D1, D2, D3, D3A and D6 Permit No. 3571080 owned by Hani- Whereas, the place for which the Liquor Permit, Permit No. 9116320 ni 7 Oil, Inc., DBA West 65th Gas permit is sought is so located with owned by 2109 Tate, Inc., DBA USA, 6501 Denison Avenue, Cleve- respect to the neighborhood that it Rebound, 4450-52 Broadview Road, land, Ohio 44102 and requests the substantially interferes with public Cleveland, Ohio 44109 and requests Director of Liquor Control to set a decency, sobriety, peace or good the Director of Liquor Control to set hearing for said application in order; and a hearing for said application in accordance with provisions of Sec- Whereas, this objection is based accordance with provisions of Sec- tion 4303.271 of the Revised Code of on other legal grounds as set forth tion 4303.271 of the Revised Code of Ohio. in Revised Code Section 4303.292; Ohio. Section 2. That the Clerk of Coun- and Section 2. That the Clerk of Coun- cil be and she is hereby directed to Whereas, this resolution consti- cil be and she is hereby directed to transmit two certified copies of this tutes an emergency measure pro- transmit two certified copies of this resolution, together with two copies viding for the immediate preserva- resolution, together with two copies of a letter of objection and two tion of the public peace, prosperi- of a letter of objection and two copies of a letter requesting that the ty, safety and welfare pursuant to copies of a letter requesting that the hearing be held in Cleveland, Cuya- Section 4303.26 of the Ohio Revised hearing be held in Cleveland, Cuya- hoga County, and a statement by the Code. Council’s objection to said hoga County, and a statement by the Director of Law that, in the Direc- permit must be received by the Director of Law that, in the Direc- tor’s opinion, that the objection is Director of Liquor Control within tor’s opinion, that the objection is based upon substantial legal grounds 30 days of notification; now, there- based upon substantial legal grounds within the meaning and intent of fore, within the meaning and intent of division (A) of Section 4303.292 of Be it resolved by the Council of division (A) of Section 4303.292 of the Revised Code to the Director of the City of Cleveland: the Revised Code to the Director of Liquor Control. Section 1. That Council does here- Liquor Control. Section 3. That this resolution is by record its objection to the trans- Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency fer of ownership of a C1 and C2 measure and provided it receives the measure and provided it receives the Liquor Permit from A & A Conve- affirmative vote of two-thirds of all affirmative vote of two-thirds of all nient Food Mart, Inc., DBA Conve- the members elected to Council, it the members elected to Council, it nient Food Mart #3-053, 5741 Mem- shall take effect and be in force shall take effect and be in force phis Avenue, Cleveland, Ohio 44144, immediately upon its adoption and immediately upon its adoption and Permanent Number 0003182 to Jaig- approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it urudev, Inc., 5741 Memphis Avenue, shall take effect and be in force shall take effect and be in force Cleveland, Ohio 44144, Permanent from and after the earliest period from and after the earliest period Number 4219893; and requests the allowed by law. allowed by law. Director of Liquor Control to set a Motion to suspend rules, Charter, Motion to suspend rules, Charter, hearing for said application in ac- and statutory provisions and place and statutory provisions and place cordance with provisions of Section on final adoption. on final adoption. 4303.26 of the Revised Code of Ohio. The rules were suspended. Yeas The rules were suspended. Yeas Section 2. That the Clerk of Coun- 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read cil be and she is hereby directed to third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. transmit two certified copies of this Nays 0. Nays 0. resolution, together with two copies of a letter of objection and two Res. No. 1096-09. Res. No. 1097-09. copies of a letter requesting that the By Council Member Kelley. By Council Member Kelley. hearing be held in Cleveland, Cuya- An emergency resolution object- An emergency resolution object- hoga County. ing to the renewal of a C1 and C2 ing to the transfer of ownership of Section 3. That this resolution is Liquor Permit at 6501 Denison a C1 and C2 Liquor Permit to 5741 hereby declared to be an emergency Avenue. Memphis Avenue. measure and provided it receives the Whereas, the uniform date for Whereas, Council has been noti- affirmative vote of two-thirds of all renewal of liquor permits in the fied by the Department of Liquor the members elected to Council, it State of Ohio is October 1st; and Control of an application for the shall take effect and be in force Whereas, pursuant to Section transfer of ownership of a C1 and immediately upon its adoption and 4303.271 of the Revised Code, the C2 Liquor Permit from A & A Con- approval by the Mayor; otherwise, it legislative authority of a municipal venient Food Mart, Inc., DBA Con- shall take effect and be in force corporation may object to the renew- venient Food Mart #3-053, 5741 Mem- from and after the earliest period al of a permit based upon legal phis Avenue, Cleveland, Ohio 44144, allowed by law. grounds as set forth in division (A) Permanent Number 0003182 to Jaig- Motion to suspend rules, Charter, of Revised Code Section 4303.292; urudev, Inc., 5741 Memphis Avenue, and statutory provisions and place and Cleveland, Ohio 44144, Permanent on final adoption. Whereas, the applicant is unfit to Number 4219893; and The rules were suspended. Yeas continue to engage in the liquor per- Whereas, the granting of this 20. Nays 0. Read second time. Read mit business in that he has operat- application for a liquor permit to third time in full. Adopted. Yeas 20. ed his liquor permit business in a this high crime area, which is Nays 0. 1502 August 12, 2009 The City Record 37

Res. No. 1098-09. Motion to suspend rules, Charter, The rules were suspended. Yeas By Council Member Kelley. and statutory provisions and place 20. Nays 0. Read second time. Read An emergency resolution object- on final adoption. third time in full. Adopted. Yeas 20. ing to a New C1 Liquor Permit at The rules were suspended. Yeas Nays 0. 4380 State Road. 20. Nays 0. Read second time. Read Whereas, Council has been noti- third time in full. Adopted. Yeas 20. Res. No. 1100-09. fied by the Department of Liquor Nays 0. By Council Member Kelley. Control of an application for a New An emergency resolution object- C1 Liquor Permit at Sophia Tirado, Res. No. 1099-09. ing to the renewal of a D1, D2, D3 DBA Lucky’s, 10330 Lorain Avenue, By Council Member Kelley. and D3A Liquor Permit at 4716 State Cleveland, Ohio 44111, Permanent An emergency resolution object- Road. Number 8945413; and ing to the renewal of a D2, D2X, D3 Whereas, the uniform date for Whereas, the granting of this ap- and D3A Liquor Permit at 4693 State renewal of liquor permits in the plication for a liquor permit to this Road. State of Ohio is October 1st; and high crime area, which is already Whereas, the uniform date for Whereas, pursuant to Section saturated with other liquor outlets, renewal of liquor permits in the 4303.271 of the Revised Code, the is contrary to the best interests of State of Ohio is October 1st; and legislative authority of a municipal the entire community; and Whereas, pursuant to Section corporation may object to the renew- Whereas, the applicant does not 4303.271 of the Revised Code, the al of a permit based upon legal qualify to be a permit holder and/or legislative authority of a municipal grounds as set forth in division (A) has demonstrated that he has oper- corporation may object to the renew- of Revised Code Section 4303.292; ated his liquor business in disregard al of a permit based upon legal and of the laws, regulations or local grounds as set forth in division (A) Whereas, the applicant is unfit to ordinances of this state or any other of Revised Code Section 4303.292; continue to engage in the liquor per- state; and and mit business in that he has operat- Whereas, the place for which the Whereas, the applicant is unfit to ed his liquor permit business in a permit is sought has not conformed continue to engage in the liquor per- manner that demonstrates a disre- to the building, safety or health mit business in that he has operat- gard for the laws, regulations or requirements of the governing body ed his liquor permit business in a local ordinances of the state, and of this County or City; and manner that demonstrates a disre- that this objection is based on other Whereas, the place for which the gard for the laws, regulations or legal grounds as set forth in permit is sought is so arranged or local ordinances of the state, and Revised Code Section 4303.292; and constructed that law enforcement that this objection is based on other Whereas, this resolution consti- officers or agents of the Department legal grounds as set forth in Re- tutes an emergency measure provid- of Liquor Control are prevented rea- vised Code Section 4303.292; and ing for the immediate preservation sonable access to the establishment; Whereas, this resolution consti- of the public peace, prosperity, safe- and tutes an emergency measure provid- ty and welfare pursuant to Section Whereas, the place for which the ing for the immediate preservation 4303.271 of the Ohio Revised Code, permit is sought is so located with of the public peace, prosperity, safe- objections to renewal of liquor per- respect to the neighborhood that it ty and welfare pursuant to Section mits shall be made no later than substantially interferes with public 4303.271 of the Ohio Revised Code, thirty days prior to the expiration decency, sobriety, peace or good objections to renewal of liquor per- date of the permit; now, therefore, order; and mits shall be made no later than Be it resolved by the Council of Whereas, this objection is based on thirty days prior to the expiration the City of Cleveland: other legal grounds as set forth in date of the permit; now, therefore, Section 1. That Council does here- Revised Code Section 4303.292; and Be it resolved by the Council of by record its objection to the renew- Whereas, this resolution consti- the City of Cleveland: al of a D1, D2, D3 and D3A Liquor tutes an emergency measure provid- Section 1. That Council does here- Permit, Permit No. 8440222 owned by ing for the immediate preservation by record its objection to the renew- Sports Inn, LLC, DBA Home Plate of the public peace, prosperity, safe- al of a D2, D2X, D3 and D3A Liquor Tavern, 4716 State Road, Cleveland, ty and welfare pursuant to Section Permit, Permit No. 6381965 owned by Ohio 44109 and requests the Director 4303.26 of the Ohio Revised Code. Nicetime, Inc., DBA Dirty Dog, 4693 of Liquor Control to set a hearing Council’s objection to said permit State Road, 1st floor and basement, for said application in accordance must be received by the Director of Cleveland, Ohio 44109 and requests with provisions of Section 4303.271 Liquor Control within 30 days of the Director of Liquor Control to set of the Revised Code of Ohio. notification; now, therefore, a hearing for said application in Section 2. That the Clerk of Coun- Be it resolved by the Council of accordance with provisions of Sec- cil be and she is hereby directed to the City of Cleveland: tion 4303.271 of the Revised Code of transmit two certified copies of this Section 1. That Council does here- Ohio. resolution, together with two copies by record its objection to a New C1 Section 2. That the Clerk of Coun- of a letter of objection and two Liquor Permit at State Road Food cil be and she is hereby directed to copies of a letter requesting that the & Beverage, Inc., DBA Save More transmit two certified copies of this hearing be held in Cleveland, Cuya- Mart, 4380 State Road, Cleveland, resolution, together with two copies hoga County, and a statement by the Ohio 44109, Permanent Number of a letter of objection and two Director of Law that, in the Direc- 8517121 and requests the Director of copies of a letter requesting that the tor’s opinion, that the objection is Liquor Control to set a hearing for hearing be held in Cleveland, Cuya- based upon substantial legal grounds said application in accordance with hoga County, and a statement by the within the meaning and intent of provisions of Section 4303.26 of the Director of Law that, in the Direc- division (A) of Section 4303.292 of Revised Code of Ohio. tor’s opinion, that the objection is the Revised Code to the Director of Section 2. That the Clerk of Coun- based upon substantial legal grounds Liquor Control. cil be and she is hereby directed to within the meaning and intent of Section 3. That this resolution is transmit two certified copies of this division (A) of Section 4303.292 of hereby declared to be an emergency resolution, together with two copies the Revised Code to the Director of measure and provided it receives the of a letter of objection and two Liquor Control. affirmative vote of two-thirds of all copies of a letter requesting that the Section 3. That this resolution is the members elected to Council, it hearing be held in Cleveland, Cuya- hereby declared to be an emergency shall take effect and be in force hoga County. measure and provided it receives the immediately upon its adoption and Section 3. That this resolution is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it hereby declared to be an emergency the members elected to Council, it shall take effect and be in force measure and provided it receives the shall take effect and be in force from and after the earliest period affirmative vote of two-thirds of all immediately upon its adoption and allowed by law. the members elected to Council, it approval by the Mayor; otherwise, it Motion to suspend rules, Charter, shall take effect and be in force shall take effect and be in force and statutory provisions and place immediately upon its adoption and from and after the earliest period on final adoption. approval by the Mayor; otherwise, it allowed by law. The rules were suspended. Yeas shall take effect and be in force Motion to suspend rules, Charter, 20. Nays 0. Read second time. Read from and after the earliest period and statutory provisions and place third time in full. Adopted. Yeas 20. allowed by law. on final adoption. Nays 0. 1503 38 The City Record August 12, 2009

Res. No. 1101-09. DBA Walgreens #03234, 4281 West Whereas, Council has been noti- By Council Member Miller. 130th Street, Cleveland, Ohio 44135, fied by the Department of Liquor An emergency resolution object- Permanent Number 935794103234; and Control of an application for the ing to the renewal of a C2 and C2X Whereas, the granting of this ap- transfer of ownership of a C1 and Liquor Permit at 625 East 140th plication for a liquor permit to this C2 Liquor Permit from BP Products Street. high crime area, which is already North America, Inc., DBA Site Whereas, the uniform date for saturated with other liquor outlets, #04358, 552 East 152nd Street, Cleve- renewal of liquor permits in the is contrary to the best interests of land, Ohio 44110, Permanent Number State of Ohio is October 1st; and the entire community; and 08984674358 to Convenience Manage- Whereas, pursuant to Section Whereas, the applicant does not ment Services, Inc., DBA BP 3618, 4303.271 of the Revised Code, the qualify to be a permit holder and/or 552 East 152nd Street, Cleveland, legislative authority of a municipal has demonstrated that he has oper- Ohio 44110, Permanent Number corporation may object to the renew- ated his liquor business in disregard 17090950405; and al of a permit based upon legal of the laws, regulations or local Whereas, the granting of this ap- grounds as set forth in division (A) ordinances of this state or any other plication for a liquor permit to this of Revised Code Section 4303.292; and state; and high crime area, which is already Whereas, the applicant is unfit to Whereas, the place for which the saturated with other liquor outlets, continue to engage in the liquor per- permit is sought has not conformed is contrary to the best interests of mit business in that he has operat- to the building, safety or health the entire community; and ed his liquor permit business in a requirements of the governing body Whereas, the applicant does not manner that demonstrates a disre- of this County or City; and qualify to be a permit holder and/or gard for the laws, regulations or Whereas, the place for which the has demonstrated that he has oper- local ordinances of the state, and permit is sought is so arranged or ated his liquor business in disregard that this objection is based on other constructed that law enforcement of- of the laws, regulations or local legal grounds as set forth in Re- ficers or agents of the Department of ordinances of this state or any other vised Code Section 4303.292; and Liquor Control are prevented reason- state; and Whereas, this resolution consti- able access to the establishment; and Whereas, the place for which the tutes an emergency measure provid- Whereas, the place for which the permit is sought has not conformed ing for the immediate preservation permit is sought is so located with to the building, safety or health of the public peace, prosperity, safe- respect to the neighborhood that it requirements of the governing body ty and welfare pursuant to Section substantially interferes with public of this County or City; and 4303.271 of the Ohio Revised Code, decency, sobriety, peace or good Whereas, the place for which the objections to renewal of liquor per- order; and permit is sought is so arranged or mits shall be made no later than Whereas, this objection is based on constructed that law enforcement thirty days prior to the expiration other legal grounds as set forth in officers or agents of the Department date of the permit; now, therefore, Revised Code Section 4303.292; and of Liquor Control are prevented rea- Whereas, this resolution consti- sonable access to the establishment; Be it resolved by the Council of tutes an emergency measure provid- and the City of Cleveland: ing for the immediate preservation Whereas, the place for which the Section 1. That Council does here- of the public peace, prosperity, safe- permit is sought is so located with by record its objection to the renew- ty and welfare pursuant to Section respect to the neighborhood that it al of a C2 and C2X Liquor Permit, 4303.26 of the Ohio Revised Code. substantially interferes with public Permit No. 6081178 owned by Moe’s Council’s objection to said permit decency, sobriety, peace or good Stop One, Inc., 625 East 140th Street, must be received by the Director of order; and Cleveland, Ohio 44110, and requests Liquor Control within 30 days of Whereas, this objection is based on the Director of Liquor Control to set notification; now, therefore, other legal grounds as set forth in a hearing for said application in ac- Be it resolved by the Council of Revised Code Section 4303.292; and cordance with provisions of Section the City of Cleveland: Whereas, this resolution consti- 4303.271 of the Revised Code of Ohio. Section 1. That Council does here- tutes an emergency measure provid- Section 2. That the Clerk of Coun- by record its objection to a New C1 ing for the immediate preservation cil be and she is hereby directed to Liquor Permit at Walgreen Co., DBA of the public peace, prosperity, safe- transmit two certified copies of this Walgreens #03234, 4281 West 130th ty and welfare pursuant to Section resolution, together with two copies Street, Cleveland, Ohio 44135, Per- 4303.26 of the Ohio Revised Code. of a letter of objection and two manent Number 935794103234, and re- Council’s objection to said permit copies of a letter requesting that the quests the Director of Liquor Con- must be received by the Director of hearing be held in Cleveland, Cuya- trol to set a hearing for said appli- Liquor Control within 30 days of hoga County, and a statement by the cation in accordance with provisions notification; now, therefore, Director of Law that, in the Direc- of Section 4303.26 of the Revised Be it resolved by the Council of tor’s opinion, that the objection is Code of Ohio. the City of Cleveland: based upon substantial legal grounds Section 2. That the Clerk of Coun- Section 1. That Council does here- within the meaning and intent of cil be and she is hereby directed to by record its objection to the trans- division (A) of Section 4303.292 of transmit two certified copies of this fer of ownership of a C1 and C2 the Revised Code to the Director of resolution, together with two copies Liquor Permit from BP Products Liquor Control. of a letter of objection and two North America, Inc., DBA Site Section 3. That this resolution is copies of a letter requesting that the #04358, 552 East 152nd Street, Cleve- hereby declared to be an emergency hearing be held in Cleveland, Cuya- land, Ohio 44110, Permanent Number measure and provided it receives the hoga County. 08984674358 to Convenience Manage- affirmative vote of two-thirds of all Section 3. That this resolution is ment Services, Inc., DBA BP 3618, the members elected to Council, it hereby declared to be an emergency 552 East 152nd Street, Cleveland, shall take effect and be in force measure and provided it receives the Ohio 44110, Permanent Number immediately upon its adoption and affirmative vote of two-thirds of all 17090950405, and requests the Direc- approval by the Mayor; otherwise, it the members elected to Council, it tor of Liquor Control to set a hear- shall take effect and be in force shall take effect and be in force ing for said application in accor- from and after the earliest period immediately upon its adoption and dance with provisions of Section allowed by law. approval by the Mayor; otherwise, it 4303.26 of the Revised Code of Ohio. Motion to suspend rules, Charter, shall take effect and be in force Section 2. That the Clerk of Coun- and statutory provisions and place from and after the earliest period cil be and she is hereby directed to on final adoption. allowed by law. transmit two certified copies of this The rules were suspended. Yeas Motion to suspend rules, Charter, resolution, together with two copies 20. Nays 0. Read second time. Read and statutory provisions and place of a letter of objection and two third time in full. Adopted. Yeas 20. on final adoption. copies of a letter requesting that the Nays 0. The rules were suspended. Yeas hearing be held in Cleveland, Cuya- 20. Nays 0. Read second time. Read hoga County. Res. No. 1102-09. third time in full. Adopted. Yeas 20. Section 3. That this resolution is By Council Member Brady. Nays 0. hereby declared to be an emergency An emergency resolution object- measure and provided it receives the ing to a New C1 Liquor Permit at Res. No. 1103-09. affirmative vote of two-thirds of all 4281 West 130th Street. By Council Member Miller. the members elected to Council, it Whereas, Council has been noti- An emergency resolution object- shall take effect and be in force fied by the Department of Liquor ing to the transfer of ownership of immediately upon its adoption and Control of an application for a New a C1 and C2 Liquor Permit to 552 approval by the Mayor; otherwise, it C1 Liquor Permit at Walgreen Co., East 152nd Street. shall take effect and be in force 1504 August 12, 2009 The City Record 39 from and after the earliest period Res. No. 1105-09. Control of an application for the allowed by law. By Council Member Wilkes. transfer of ownership of a C2 and Motion to suspend rules, Charter, An emergency resolution object- C2X Liquor Permit from Ahmed Mini and statutory provisions and place ing to the renewal of a C2 and C2X Market, Inc., DBA Ahmed Mini Mar- on final adoption. Liquor Permit at 3831 East 93rd ket, 11334 Miles Avenue, 1st floor The rules were suspended. Yeas Street. and basement, Cleveland, Ohio 44105, 20. Nays 0. Read second time. Read Whereas, the uniform date for Permanent Number 0079613 to Miles third time in full. Adopted. Yeas 20. renewal of liquor permits in the Mini Mart, Inc., 11334 Miles Avenue, Nays 0. State of Ohio is October 1st; and Cleveland, Ohio 44105, Permanent Whereas, pursuant to Section Number 5951324; and Res. No. 1104-09. 4303.271 of the Revised Code, the leg- Whereas, the granting of this ap- By Council Member Mitchell. islative authority of a municipal cor- plication for a liquor permit to this An emergency resolution object- poration may object to the renewal high crime area, which is already ing to the renewal of a C1 and C2 of a permit based upon legal grounds saturated with other liquor outlets, Liquor Permit at 2623 Woodhill as set forth in division (A) of Re- is contrary to the best interests of Road, 1st floor. vised Code Section 4303.292; and the entire community; and Whereas, the uniform date for Whereas, the applicant is unfit to Whereas, the applicant does not renewal of liquor permits in the continue to engage in the liquor per- qualify to be a permit holder and/or State of Ohio is October 1st; and mit business in that he has operat- has demonstrated that he has oper- Whereas, pursuant to Section ed his liquor permit business in a ated his liquor business in disregard 4303.271 of the Revised Code, the manner that demonstrates a disre- of the laws, regulations or local legislative authority of a municipal gard for the laws, regulations or ordinances of this state or any other corporation may object to the renew- local ordinances of the state, and state; and al of a permit based upon legal that this objection is based on other Whereas, the place for which the grounds as set forth in division (A) legal grounds as set forth in Re- permit is sought has not conformed of Revised Code Section 4303.292; and vised Code Section 4303.292; and to the building, safety or health Whereas, the applicant is unfit to Whereas, this resolution consti- requirements of the governing body continue to engage in the liquor per- tutes an emergency measure provid- of this County or City; and mit business in that he has operat- ing for the immediate preservation Whereas, the place for which the ed his liquor permit business in a of the public peace, prosperity, safe- permit is sought is so arranged or manner that demonstrates a disre- ty and welfare pursuant to Section constructed that law enforcement gard for the laws, regulations or 4303.271 of the Ohio Revised Code, officers or agents of the Department local ordinances of the state, and objections to renewal of liquor per- of Liquor Control are prevented rea- that this objection is based on other mits shall be made no later than sonable access to the establishment; legal grounds as set forth in Re- thirty days prior to the expiration and vised Code Section 4303.292; and date of the permit; now, therefore, Whereas, the place for which the Whereas, this resolution consti- Be it resolved by the Council of permit is sought is so located with tutes an emergency measure provid- the City of Cleveland: respect to the neighborhood that it ing for the immediate preservation Section 1. That Council does here- substantially interferes with public of the public peace, prosperity, safe- by record its objection to the renew- decency, sobriety, peace or good ty and welfare pursuant to Section al of a C2 and C2X Liquor Permit, order; and 4303.271 of the Ohio Revised Code, Permit No. 2233517 owned by Shire- Whereas, this objection is based on objections to renewal of liquor per- an Doleh, DBA Best Buy Food Mart, other legal grounds as set forth in mits shall be made no later than 3831 East 93rd Street, Cleveland, Revised Code Section 4303.292; and thirty days prior to the expiration Ohio 444105 and requests the Direc- Whereas, this resolution consti- date of the permit; now, therefore, tor of Liquor Control to set a hear- tutes an emergency measure provid- Be it resolved by the Council of ing for said application in accor- ing for the immediate preservation the City of Cleveland: dance with provisions of Section of the public peace, prosperity, safe- Section 1. That Council does here- 4303.271 of the Revised Code of Ohio. ty and welfare pursuant to Section by record its objection to the renew- Section 2. That the Clerk of Coun- 4303.26 of the Ohio Revised Code. al of a C1 and C2 Liquor Permit, cil be and she is hereby directed to Council’s objection to said permit Permit No. 2118468 owned by DIA Foods, Inc., DBA Hill Top Deli, 2623 transmit two certified copies of this must be received by the Director of Woodhill Road, 1st floor, Cleveland, resolution, together with two copies Liquor Control within 30 days of Ohio 44104, and requests the Direc- of a letter of objection and two notification; now, therefore, tor of Liquor Control to set a hear- copies of a letter requesting that the Be it resolved by the Council of ing for said application in accor- hearing be held in Cleveland, Cuya- the City of Cleveland: dance with provisions of Section hoga County, and a statement by the Section 1. That Council does here- 4303.271 of the Revised Code of Ohio. Director of Law that, in the Direc- by record its objection to the trans- Section 2. That the Clerk of Coun- tor’s opinion, that the objection is fer of ownership of a C2 and C2X cil be and she is hereby directed to based upon substantial legal grounds Liquor Permit from Ahmed Mini transmit two certified copies of this within the meaning and intent of Market, Inc., DBA Ahmed Mini Mar- resolution, together with two copies division (A) of Section 4303.292 of ket, 11334 Miles Avenue, 1st floor of a letter of objection and two the Revised Code to the Director of and basement, Cleveland, Ohio 44105, copies of a letter requesting that the Liquor Control. Permanent Number 0079613 to Miles hearing be held in Cleveland, Cuya- Section 3. That this resolution is Mini Mart, Inc., 11334 Miles Avenue, hoga County, and a statement by the hereby declared to be an emergency Cleveland, Ohio 44105, Permanent Director of Law that, in the Direc- measure and provided it receives the Number 5951324; and requests the tor’s opinion, that the objection is affirmative vote of two-thirds of all Director of Liquor Control to set a based upon substantial legal grounds the members elected to Council, it hearing for said application in within the meaning and intent of shall take effect and be in force accordance with provisions of Sec- division (A) of Section 4303.292 of immediately upon its adoption and tion 4303.26 of the Revised Code of the Revised Code to the Director of approval by the Mayor; otherwise, it Ohio. Liquor Control. shall take effect and be in force Section 2. That the Clerk of Coun- Section 3. That this resolution is from and after the earliest period cil be and she is hereby directed to hereby declared to be an emergency allowed by law. transmit two certified copies of this measure and provided it receives the Motion to suspend rules, Charter, resolution, together with two copies affirmative vote of two-thirds of all and statutory provisions and place of a letter of objection and two the members elected to Council, it on final adoption. copies of a letter requesting that the shall take effect and be in force The rules were suspended. Yeas hearing be held in Cleveland, Cuya- immediately upon its adoption and 20. Nays 0. Read second time. Read hoga County. approval by the Mayor; otherwise, it third time in full. Adopted. Yeas 20. Section 3. That this resolution is shall take effect and be in force Nays 0. hereby declared to be an emergency from and after the earliest period measure and provided it receives the allowed by law. Res. No. 1106-09. affirmative vote of two-thirds of all Motion to suspend rules, Charter, By Council Member Wilkes. the members elected to Council, it and statutory provisions and place An emergency resolution object- shall take effect and be in force on final adoption. ing to the transfer of ownership of immediately upon its adoption and The rules were suspended. Yeas a C2 and C2X Liquor Permit to 11334 approval by the Mayor; otherwise, it 20. Nays 0. Read second time. Read Miles Avenue. shall take effect and be in force third time in full. Adopted. Yeas 20. Whereas, Council has been noti- from and after the earliest period Nays 0. fied by the Department of Liquor allowed by law. 1505 40 The City Record August 12, 2009

Motion to suspend rules, Charter, immediately upon its adoption and The rules were suspended. Yeas and statutory provisions and place approval by the Mayor; otherwise, it 20. Nays 0. Read second time. Read on final adoption. shall take effect and be in force third time in full. Adopted. Yeas 20. The rules were suspended. Yeas from and after the earliest period Nays 0. 20. Nays 0. Read second time. Read allowed by law. third time in full. Adopted. Yeas 20. Motion to suspend rules, Charter, Res. No. 1122-09. Nays 0. and statutory provisions and place By Council Member Brancatelli. on final adoption. An emergency resolution object- Res. No. 1120-09. The rules were suspended. Yeas ing to the renewal of a D1, D2, D3 By Council Member Brancatelli. 20. Nays 0. Read second time. Read and D3A Liquor Permit at 4233-35 An emergency resolution object- third time in full. Adopted. Yeas 20. East 71st Street, 1st floor and base- ing to a New C1 Liquor Permit at Nays 0. ment. 6410 Broadway Avenue. Whereas, the uniform date for Whereas, Council has been noti- Res. No. 1121-09. renewal of liquor permits in the fied by the Department of Liquor By Council Member Brancatelli. State of Ohio is October 1st; and Control of an application for a New An emergency resolution object- Whereas, pursuant to Section C1 Liquor Permit at Walgreen Co., ing to the renewal of a D5 Liquor 4303.271 of the Revised Code, the DBA Walgreens #03226, 6410 Broad- Permit at 3614 East 65th Street. legislative authority of a municipal way Avenue, Cleveland, Ohio 44105, Whereas, the uniform date for corporation may object to the renew- Permanent Number 935794103226; and renewal of liquor permits in the al of a permit based upon legal Whereas, the granting of this ap- State of Ohio is October 1st; and grounds as set forth in division (A) plication for a liquor permit to this Whereas, pursuant to Section of Revised Code Section 4303.292; high crime area, which is already 4303.271 of the Revised Code, the and saturated with other liquor outlets, legislative authority of a municipal Whereas, the applicant is unfit to is contrary to the best interests of corporation may object to the renew- continue to engage in the liquor per- the entire community; and al of a permit based upon legal mit business in that he has operat- Whereas, the applicant does not grounds as set forth in division (A) ed his liquor permit business in a qualify to be a permit holder and/or of Revised Code Section 4303.292; manner that demonstrates a disre- has demonstrated that he has oper- and gard for the laws, regulations or ated his liquor business in disregard Whereas, the applicant is unfit to local ordinances of the state, and of the laws, regulations or local continue to engage in the liquor per- that this objection is based on other ordinances of this state or any other mit business in that he has operat- legal grounds as set forth in Re- state; and ed his liquor permit business in a vised Code Section 4303.292; and Whereas, the place for which the manner that demonstrates a disre- Whereas, this resolution consti- permit is sought has not conformed gard for the laws, regulations or tutes an emergency measure pro- to the building, safety or health local ordinances of the state, and viding for the immediate preserva- requirements of the governing body that this objection is based on other tion of the public peace, prosperi- of this County or City; and legal grounds as set forth in Re- ty, safety and welfare pursuant to Whereas, the place for which the vised Code Section 4303.292; and Section 4303.271 of the Ohio Re- permit is sought is so arranged or Whereas, this resolution consti- vised Code, objections to renewal constructed that law enforcement tutes an emergency measure provid- of liquor permits shall be made no officers or agents of the Department ing for the immediate preservation later than thirty days prior to the of Liquor Control are prevented rea- of the public peace, prosperity, safe- expiration date of the permit; now, sonable access to the establishment; ty and welfare pursuant to Section therefore, and 4303.271 of the Ohio Revised Code, Be it resolved by the Council of Whereas, the place for which the objections to renewal of liquor per- the City of Cleveland: permit is sought is so located with mits shall be made no later than Section 1. That Council does here- respect to the neighborhood that it thirty days prior to the expiration by record its objection to the renew- substantially interferes with public date of the permit; now, therefore, al of a D1, D2, D3 and D3A Liquor decency, sobriety, peace or good Be it resolved by the Council of Permit, Permit No. 6958079 owned by order; and the City of Cleveland: Platinum Joes Corp., DBA Malibu Whereas, this objection is based on Section 1. That Council does here- Joes, 4233-35 East 71st Street, 1st other legal grounds as set forth in by record its objection to the renew- floor and basement, Cleveland, Ohio Revised Code Section 4303.292; and al of a D5 Liquor Permit, Permit No. 44105, and requests the Director of Whereas, this resolution consti- 8912747 owned by 3614 East 65th, Liquor Control to set a hearing for tutes an emergency measure provid- Inc., DBA M JS Café, 3614 East 65th said application in accordance with ing for the immediate preservation Street, Cleveland, Ohio 44105, and provisions of Section 4303.271 of the of the public peace, prosperity, safe- requests the Director of Liquor Con- Revised Code of Ohio. ty and welfare pursuant to Section trol to set a hearing for said appli- Section 2. That the Clerk of Coun- 4303.26 of the Ohio Revised Code. cation in accordance with provisions cil be and she is hereby directed to Council’s objection to said permit of Section 4303.271 of the Revised transmit two certified copies of this must be received by the Director of Code of Ohio. resolution, together with two copies Liquor Control within 30 days of Section 2. That the Clerk of Coun- of a letter of objection and two notification; now, therefore, cil be and she is hereby directed to copies of a letter requesting that the Be it resolved by the Council of transmit two certified copies of this hearing be held in Cleveland, Cuya- the City of Cleveland: resolution, together with two copies hoga County, and a statement by the Section 1. That Council does here- of a letter of objection and two Director of Law that, in the Direc- by record its objection to a New C1 copies of a letter requesting that the tor’s opinion, that the objection is Liquor Permit at Walgreen Co., DBA hearing be held in Cleveland, Cuya- based upon substantial legal grounds Walgreens #03226, 6410 Broadway hoga County, and a statement by the within the meaning and intent of Avenue, Cleveland, Ohio 44105, Per- Director of Law that, in the Direc- division (A) of Section 4303.292 of manent Number 935794103226, and tor’s opinion, that the objection is the Revised Code to the Director of requests the Director of Liquor Con- based upon substantial legal grounds Liquor Control. trol to set a hearing for said appli- within the meaning and intent of Section 3. That this resolution is cation in accordance with provisions division (A) of Section 4303.292 of hereby declared to be an emergency of Section 4303.26 of the Revised the Revised Code to the Director of measure and provided it receives the Code of Ohio. Liquor Control. affirmative vote of two-thirds of all Section 2. That the Clerk of Coun- Section 3. That this resolution is the members elected to Council, it cil be and she is hereby directed to hereby declared to be an emergency shall take effect and be in force transmit two certified copies of this measure and provided it receives the immediately upon its adoption and resolution, together with two copies affirmative vote of two-thirds of all approval by the Mayor; otherwise, it of a letter of objection and two the members elected to Council, it shall take effect and be in force copies of a letter requesting that the shall take effect and be in force from and after the earliest period hearing be held in Cleveland, Cuya- immediately upon its adoption and allowed by law. hoga County. approval by the Mayor; otherwise, it Motion to suspend rules, Charter, Section 3. That this resolution is shall take effect and be in force and statutory provisions and place hereby declared to be an emergency from and after the earliest period on final adoption. measure and provided it receives the allowed by law. The rules were suspended. Yeas affirmative vote of two-thirds of all Motion to suspend rules, Charter, 20. Nays 0. Read second time. Read the members elected to Council, it and statutory provisions and place third time in full. Adopted. Yeas 20. shall take effect and be in force on final adoption. Nays 0. 1506 August 12, 2009 The City Record 41

Res. No. 1123-09. Res. No. 1124-09. Res. No. 1125-09. By Council Member Brancatelli. By Council Member Brancatelli. By Council Member Cimperman. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D1, D2, D3, ing to the renewal of a C1 and C2 ing to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit at 6101 Liquor Permit at 4324 Warner Road. D3A and D6 Liquor Permit at 1204 Fleet Avenue. Whereas, the uniform date for Old River Road, mezzanine and Whereas, the uniform date for renewal of liquor permits in the patios. renewal of liquor permits in the State of Ohio is October 1st; and Whereas, the uniform date for State of Ohio is October 1st; and Whereas, pursuant to Section renewal of liquor permits in the Whereas, pursuant to Section 4303.271 of the Revised Code, the State of Ohio is October 1st; and 4303.271 of the Revised Code, the legislative authority of a municipal Whereas, pursuant to Section legislative authority of a municipal corporation may object to the renew- 4303.271 of the Revised Code, the corporation may object to the renew- al of a permit based upon legal legislative authority of a municipal al of a permit based upon legal grounds as set forth in division (A) corporation may object to the renew- grounds as set forth in division (A) of Revised Code Section 4303.292; al of a permit based upon legal of Revised Code Section 4303.292; and grounds as set forth in division (A) and Whereas, the applicant is unfit to of Revised Code Section 4303.292; Whereas, the applicant is unfit to continue to engage in the liquor per- and Whereas, the applicant is unfit to continue to engage in the liquor per- mit business in that he has operat- continue to engage in the liquor per- mit business in that he has operat- ed his liquor permit business in a mit business in that he has operat- ed his liquor permit business in a manner that demonstrates a disre- ed his liquor permit business in a manner that demonstrates a disre- gard for the laws, regulations or manner that demonstrates a disre- gard for the laws, regulations or local ordinances of the state, and gard for the laws, regulations or local ordinances of the state, and that this objection is based on other local ordinances of the state, and that this objection is based on other legal grounds as set forth in Re- legal grounds as set forth in Re- that this objection is based on other vised Code Section 4303.292; and legal grounds as set forth in Re- vised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- vised Code Section 4303.292; and tutes an emergency measure pro- Whereas, this resolution consti- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- tutes an emergency measure pro- tion of the public peace, prosperi- viding for the immediate preserva- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to tion of the public peace, prosperi- Section 4303.271 of the Ohio Re- ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- vised Code, objections to renewal vised Code, objections to renewal Section 4303.271 of the Ohio Re- of liquor permits shall be made no vised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the later than thirty days prior to the of liquor permits shall be made no expiration date of the permit; now, later than thirty days prior to the expiration date of the permit; now, therefore, expiration date of the permit; now, therefore, Be it resolved by the Council of therefore, Be it resolved by the Council of the City of Cleveland: Be it resolved by the Council of the City of Cleveland: Section 1. That Council does here- the City of Cleveland: Section 1. That Council does here- by record its objection to the renew- Section 1. That Council does here- by record its objection to the renew- al of a C1 and C2 Liquor Permit, by record its objection to the renew- al of a D1, D2, D3, D3A and D6 Permit No. 0345174 owned by Yousef al of a D1, D2, D3, D3A and D6 Liquor Permit, Permit No. 8200732 Abdel Aziz, DBA Tom’s Food Mar- Liquor Permit, Permit No. 4462671 owned by 6101 Fleet Avenue, Inc., ket, 4324 Warner Road, 1st floor, and supplemental permits, owned by DBA U & Me, 6101 Fleet Avenue, Cleveland, Ohio 44105, and requests Kaos in , Inc., DBA Scripts, Cleveland, Ohio 44105, and requests the Director of Liquor Control to set 1204 Old River Road, mezzanine and the Director of Liquor Control to set a hearing for said application in patios, Cleveland, Ohio 44113, and a hearing for said application in accordance with provisions of Sec- requests the Director of Liquor Con- accordance with provisions of Sec- tion 4303.271 of the Revised Code of trol to set a hearing for said appli- tion 4303.271 of the Revised Code of cation in accordance with provisions Ohio. Ohio. Section 2. That the Clerk of Coun- of Section 4303.271 of the Revised Section 2. That the Clerk of Coun- Code of Ohio. cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of Section 2. That the Clerk of Coun- transmit two certified copies of cil be and she is hereby directed to this resolution, together with two this resolution, together with two copies of a letter of objection and transmit two certified copies of this copies of a letter of objection and resolution, together with two copies two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- of a letter of objection and two that the hearing be held in Cleve- copies of a letter requesting that the land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law hearing be held in Cleveland, Cuya- statement by the Director of Law hoga County, and a statement by the that, in the Director’s opinion, that that, in the Director’s opinion, that Director of Law that, in the Direc- the objection is based upon sub- the objection is based upon sub- tor’s opinion, that the objection is stantial legal grounds within the stantial legal grounds within the based upon substantial legal grounds meaning and intent of division (A) meaning and intent of division (A) within the meaning and intent of of Section 4303.292 of the Revised of Section 4303.292 of the Revised division (A) of Section 4303.292 of Code to the Director of Liquor Con- Code to the Director of Liquor Con- the Revised Code to the Director of trol. trol. Liquor Control. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1507 42 The City Record August 12, 2009

Res. No. 1126-09. Res. No. 1127-09. Res. No. 1128-09. By Council Member Cimperman. By Council Member Cimperman. By Council Member Cimperman. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D2, D2X, ing to the renewal of a D1, D2, D3, ing to the renewal of a D1, D2, D3, D3, D3A and D6 Liquor Permit at D3A and D6 Liquor Permit at 1382 D3A and D6 Liquor Permit at 1616 618 Prospect Avenue, 2nd floor West 9th Street, Suite 100 and patio, West 25th Street. only. 1st floor Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- continue to engage in the liquor per- continue to engage in the liquor per- mit business in that he has operat- mit business in that he has operat- mit business in that he has operat- ed his liquor permit business in a ed his liquor permit business in a ed his liquor permit business in a manner that demonstrates a disre- manner that demonstrates a disre- manner that demonstrates a disre- gard for the laws, regulations or gard for the laws, regulations or gard for the laws, regulations or local ordinances of the state, and local ordinances of the state, and local ordinances of the state, and that this objection is based on other that this objection is based on other that this objection is based on other legal grounds as set forth in Re- legal grounds as set forth in Re- legal grounds as set forth in Revised Code Section 4303.292; and vised Code Section 4303.292; and vised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure provid- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- ing for the immediate preservation of the public peace, prosperity, safe- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty and welfare pursuant to Section 4303.271 of the Ohio Revised Code, Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio vised Code, objections to renewal Revised Code, objections to renew- objections to renewal of liquor per- mits shall be made no later than of liquor permits shall be made no al of liquor permits shall be made later than thirty days prior to the no later than thirty days prior to thirty days prior to the expiration date of the permit; now, therefore, expiration date of the permit; now, the expiration date of the permit; Be it resolved by the Council of therefore, now, therefore, the City of Cleveland: Be it resolved by the Council of Be it resolved by the Council of Section 1. That Council does here- the City of Cleveland: the City of Cleveland: by record its objection to the renew- Section 1. That Council does here- Section 1. That Council does here- al of a D1, D2, D3, D3A and D6 by record its objection to the renew- by record its objection to the renew- Liquor Permit, Permit No. 4949255 al of a D1, D2, D3, D3A and D6 al of a D2, D2X, D3, D3A and D6 owned by LaBodega Cleveland OH, Liquor Permit, Permit No. 6548374 Liquor Permit, Permit No. 9271908 LLC, DBA Sunset Lounge, 1382 West owned by 1616 Arabic Restaurant, owned by View Cleveland, LLC, 9th Street, Suite 100 and patio, 1st Inc., DBA Kan Zaman, 1616 West DBA The View, 618 Prospect Ave- floor, 1382 West 9th Street, Cleve- 25th Street, Cleveland, Ohio 44113, nue, Cleveland, Ohio 44115, and re- land, Ohio 44113, and requests the and requests the Director of Liquor quests the Director of Liquor Con- Director of Liquor Control to set a Control to set a hearing for said trol to set a hearing for said appli- hearing for said application in application in accordance with pro- cation in accordance with provisions accordance with provisions of Sec- visions of Section 4303.271 of the of Section 4303.271 of the Revised tion 4303.271 of the Revised Code of Code of Ohio. Revised Code of Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1508 August 12, 2009 The City Record 43

Res. No. 1129-09. Res. No. 1130-09. Res. No. 1131-09. By Council Member Cleveland. By Council Member Cleveland. By Council Member Cleveland. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a C1 Liquor ing to the renewal of a C2 and C2X ing to the renewal of a D1, D2, D3 Permit at 7002 Cedar Avenue. Liquor Permit at 3337 Central Ave- and D3A Liquor Permit at 5351-53 Whereas, the uniform date for nue. Dolloff Road. renewal of liquor permits in the Whereas, the uniform date for Whereas, the uniform date for State of Ohio is October 1st; and renewal of liquor permits in the renewal of liquor permits in the Whereas, pursuant to Section State of Ohio is October 1st; and State of Ohio is October 1st; and 4303.271 of the Revised Code, the Whereas, pursuant to Section Whereas, pursuant to Section legislative authority of a municipal 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the leg- corporation may object to the renew- legislative authority of a municipal islative authority of a municipal cor- al of a permit based upon legal corporation may object to the renew- poration may object to the renewal grounds as set forth in division (A) al of a permit based upon legal of a permit based upon legal grounds of Revised Code Section 4303.292; grounds as set forth in division (A) as set forth in division (A) of and of Revised Code Section 4303.292; Revised Code Section 4303.292; and Whereas, the applicant is unfit to and Whereas, the applicant is unfit to continue to engage in the liquor per- Whereas, the applicant is unfit to continue to engage in the liquor per- continue to engage in the liquor per- mit business in that he has operat- mit business in that he has operat- mit business in that he has operat- ed his liquor permit business in a ed his liquor permit business in a ed his liquor permit business in a manner that demonstrates a disre- manner that demonstrates a disre- manner that demonstrates a disre- gard for the laws, regulations or gard for the laws, regulations or gard for the laws, regulations or local ordinances of the state, and local ordinances of the state, and local ordinances of the state, and that this objection is based on that this objection is based on other that this objection is based on other legal grounds as set forth legal grounds as set forth in other legal grounds as set forth Revised Code Section 4303.292; and in Revised Code Section 4303.292; in Revised Code Section 4303.292; Whereas, this resolution consti- and and tutes an emergency measure pro- Whereas, this resolution consti- Whereas, this resolution consti- viding for the immediate preserva- tutes an emergency measure pro- tutes an emergency measure pro- tion of the public peace, prosperi- viding for the immediate preserva- viding for the immediate preserva- ty, safety and welfare pursuant to tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Revised Code, objections to renew- vised Code, objections to renewal Revised Code, objections to renew- al of liquor permits shall be made of liquor permits shall be made no al of liquor permits shall be made no later than thirty days prior to later than thirty days prior to the no later than thirty days prior to the expiration date of the permit; expiration date of the permit; now, the expiration date of the permit; now, therefore, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the re- al of a D1, D2, D3 and D3A Liquor al of a C1 Liquor Permit, Permit No. newal of a C2 and C2X Liquor Per- Permit, Permit No. 9862110 owned by 1351124 owned by Cedar 70 Inc., mit, Permit No. 4034257 owned by Your Place and Mine, LLC, DBA DBA Upstate Market, 7002 Cedar Pamela Hubbard, DBA McClain’s Your Place and Mine, 5351-5353 Avenue, Cleveland, Ohio 44103, and Market, 3337 Central Avenue, Cleve- Dolloff Road, Cleveland, Ohio 44127, requests the Director of Liquor Con- land, Ohio 44115, and requests the and requests the Director of Liquor trol to set a hearing for said appli- Director of Liquor Control to set a Control to set a hearing for said cation in accordance with provisions hearing for said application in application in accordance with pro- of Section 4303.271 of the Revised accordance with provisions of Sec- visions of Section 4303.271 of the Code of Ohio. tion 4303.271 of the Revised Code of Revised Code of Ohio. Section 2. That the Clerk of Coun- Ohio. Section 2. That the Clerk of Coun- cil be and she is hereby directed to Section 2. That the Clerk of Coun- cil be and she is hereby directed to transmit two certified copies of cil be and she is hereby directed to transmit two certified copies of this resolution, together with two transmit two certified copies of this resolution, together with two copies of a letter of objection and this resolution, together with two copies of a letter of objection and two copies of a letter requesting copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleve- two copies of a letter requesting that the hearing be held in Cleve- land, Cuyahoga County, and a that the hearing be held in Cleve- land, Cuyahoga County, and a statement by the Director of Law land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1509 44 The City Record August 12, 2009

Res. No. 1132-09. Res. No. 1133-09. Res. No. 1134-09. By Council Member Mitchell. By Council Member Cleveland. By Council Member Johnson. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D1, D2 and ing to the renewal of a C1 and C2 ing to the renewal of a C1 and C2 D6 Liquor Permit at 1931 Coltman Liquor Permit at 3363 East 93rd Liquor Permit at 8805 Buckeye Road, 1st floor. Street. Road. Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor continue to engage in the liquor per- continue to engage in the liquor per- permit business in that he has mit business in that he has operat- mit business in that he has operat- operated his liquor permit business ed his liquor permit business in a ed his liquor permit business in a in a manner that demonstrates a manner that demonstrates a disre- manner that demonstrates a disre- disregard for the laws, regulations gard for the laws, regulations or gard for the laws, regulations or or local ordinances of the state, local ordinances of the state, and local ordinances of the state, and and that this objection is based that this objection is based on other that this objection is based on other on other legal grounds as set forth legal grounds as set forth in legal grounds as set forth in in Revised Code Section 4303.292; Revised Code Section 4303.292; and Revised Code Section 4303.292; and and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Section 4303.271 of the Ohio Section 4303.271 of the Ohio Revised Code, objections to renew- Revised Code, objections to renew- Revised Code, objections to renew- al of liquor permits shall be made al of liquor permits shall be made al of liquor permits shall be made no later than thirty days prior to no later than thirty days prior to no later than thirty days prior to the expiration date of the permit; the expiration date of the permit; the expiration date of the permit; now, therefore, now, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a C1 and C2 Liquor Permit, al of a C1 and C2 Liquor Permit, al of a D1, D2 and D6 Liquor Per- Permit No. 68577350005 owned by Permit No. 1072870 owned by Buck- mit, Permit No. 8407828 owned by Pete Barrels, Inc., DBA Sunoco Fam- eye One Stop, Inc., DBA Buckeye Carolyn Sparent, DBA Lou’s Tavern, ily Food Express, 3363 East 93rd Marathon, 8805 Buckeye Road, 1931 Coltman Road, 1st floor, Cleve- Street, Cleveland, Ohio 44104, and Cleveland, Ohio 44104, and requests land, Ohio 44106, and requests the requests the Director of Liquor Con- the Director of Liquor Control to set Director of Liquor Control to set a trol to set a hearing for said appli- a hearing for said application in hearing for said application in cation in accordance with provisions accordance with provisions of Sec- accordance with provisions of Sec- tion 4303.271 of the Revised Code of of Section 4303.271 of the Revised tion 4303.271 of the Revised Code of Ohio. Code of Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1510 August 12, 2009 The City Record 45

Res. No. 1135-09. Res. No. 1136-09. Res. No. 1137-09. By Council Member Johnson. By Council Member Johnson. By Council Member Johnson. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D5 Liquor ing to the renewal of a D1, D2, D3, ing to the renewal of a C1, C2 and Permit at 10008 Buckeye Road. D3A and D6 Liquor Permit at 11132 D6 Liquor Permit at 3230 East 93rd Whereas, the uniform date for Buckeye Road. Street. renewal of liquor permits in the Whereas, the uniform date for Whereas, the uniform date for State of Ohio is October 1st; and renewal of liquor permits in the renewal of liquor permits in the Whereas, pursuant to Section State of Ohio is October 1st; and State of Ohio is October 1st; and 4303.271 of the Revised Code, the Whereas, pursuant to Section Whereas, pursuant to Section legislative authority of a municipal 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the corporation may object to the renew- legislative authority of a municipal legislative authority of a municipal al of a permit based upon legal corporation may object to the renew- corporation may object to the renew- grounds as set forth in division (A) al of a permit based upon legal al of a permit based upon legal of Revised Code Section 4303.292; grounds as set forth in division (A) grounds as set forth in division (A) and of Revised Code Section 4303.292; of Revised Code Section 4303.292; Whereas, the applicant is unfit to and and continue to engage in the liquor per- Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- mit business in that he has operat- continue to engage in the liquor per- mit business in that he has operat- ed his liquor permit business in a mit business in that he has operat- ed his liquor permit business in a manner that demonstrates a disre- ed his liquor permit business in a manner that demonstrates a disre- gard for the laws, regulations or manner that demonstrates a disre- gard for the laws, regulations or local ordinances of the state, and gard for the laws, regulations or local ordinances of the state, and that this objection is based on other local ordinances of the state, and that this objection is based on other legal grounds as set forth in that this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and legal grounds as set forth in Revised Code Section 4303.292; and Revised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio ty, safety and welfare pursuant to Section 4303.271 of the Ohio Section 4303.271 of the Ohio Revised Code, objections to renew- Revised Code, objections to renew- al of liquor permits shall be made Revised Code, objections to renew- al of liquor permits shall be made al of liquor permits shall be made no later than thirty days prior to no later than thirty days prior to no later than thirty days prior to the expiration date of the permit; the expiration date of the permit; the expiration date of the permit; now, therefore, now, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a D5 Liquor Permit, Permit No. al of a D1, D2, D3, D3A and D6 al of a C1, C2 and D6 Liquor Per- 72245520007 owned by Ray Por, Inc., Liquor Permit, Permit No. 6877045 mit, Permit No. 7974550 owned by DBA Eastwood Inn, 10008 Buckeye owned by Phase III Corporation, Semaan Marketing, Inc., 3230 East Road, Cleveland, Ohio 44104, and DBA Phase III, 11132 Buckeye Road, 93rd Street, Cleveland, Ohio 44104, requests the Director of Liquor Con- Box 20370, Cleveland, Ohio 44104, and requests the Director of Liquor trol to set a hearing for said appli- and requests the Director of Liquor Control to set a hearing for said cation in accordance with provisions Control to set a hearing for said application in accordance with pro- of Section 4303.271 of the Revised application in accordance with pro- visions of Section 4303.271 of the visions of Section 4303.271 of the Code of Ohio. Revised Code of Ohio. Section 2. That the Clerk of Coun- Revised Code of Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two copies of a letter of objection and this resolution, together with two copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1511 46 The City Record August 12, 2009

Res. No. 1138-09. Res. No. 1139-09. Res. No. 1140-09. By Council Member Johnson. By Council Member Johnson. By Council Member Polensek. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D5 Liquor ing to the renewal of a D2 and D2X ing to the renewal of a C1 and C2 Permit at 3019 East 116th Street. Liquor Permit at 9203 Kinsman Liquor Permit at 383 East 156th Whereas, the uniform date for Road. Street. renewal of liquor permits in the Whereas, the uniform date for Whereas, the uniform date for State of Ohio is October 1st; and renewal of liquor permits in the renewal of liquor permits in the Whereas, pursuant to Section State of Ohio is October 1st; and State of Ohio is October 1st; and 4303.271 of the Revised Code, the Whereas, pursuant to Section Whereas, pursuant to Section legislative authority of a municipal 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the corporation may object to the renew- legislative authority of a municipal legislative authority of a municipal al of a permit based upon legal corporation may object to the renew- corporation may object to the renew- grounds as set forth in division (A) al of a permit based upon legal al of a permit based upon legal of Revised Code Section 4303.292; grounds as set forth in division (A) grounds as set forth in division (A) and of Revised Code Section 4303.292; of Revised Code Section 4303.292; Whereas, the applicant is unfit and and to continue to engage in the liquor Whereas, the applicant is unfit to Whereas, the applicant is unfit to permit business in that he has continue to engage in the liquor per- continue to engage in the liquor per- operated his liquor permit busi- mit business in that he has operat- mit business in that he has operat- ness in a manner that demon- ed his liquor permit business in a ed his liquor permit business in a strates a disregard for the laws, manner that demonstrates a disre- manner that demonstrates a disre- regulations or local ordinances of gard for the laws, regulations or gard for the laws, regulations or the state, and that this objection local ordinances of the state, and local ordinances of the state, and is based on other legal grounds as that this objection is based on other that this objection is based on other set forth in Revised Code Section legal grounds as set forth in legal grounds as set forth in 4303.292; and Revised Code Section 4303.292; and Revised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Section 4303.271 of the Ohio vised Code, objections to renewal Revised Code, objections to renew- Revised Code, objections to renew- of liquor permits shall be made no al of liquor permits shall be made al of liquor permits shall be made later than thirty days prior to the no later than thirty days prior to no later than thirty days prior to expiration date of the permit; now, the expiration date of the permit; the expiration date of the permit; therefore, now, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a D5 Liquor Permit, Permit No. al of a D2 and D2X Liquor Permit, al of a C1 and C2 Liquor Permit, 1896113 owned by Albert Dailey, Permit No. 6591675 owned by Ossie, Permit No. 2175712 owned by John DBA Dailey’s, 3019 East 116th Street, Inc., DBA Kinsman Shell, 9203 Kins- Dimmian, 383 East 156th Street, Cleveland, Ohio 44120, and requests man Road, Cleveland, Ohio 44104, Cleveland, Ohio 44110, and requests the Director of Liquor Control to set and requests the Director of Liquor the Director of Liquor Control to set a hearing for said application in Control to set a hearing for said a hearing for said application in accordance with provisions of Sec- application in accordance with pro- accordance with provisions of Sec- tion 4303.271 of the Revised Code of visions of Section 4303.271 of the tion 4303.271 of the Revised Code of Ohio. Revised Code of Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1512 August 12, 2009 The City Record 47

Res. No. 1141-09. Res. No. 1142-09. shall take effect and be in force By Council Member Polensek. By Council Member Polensek. from and after the earliest period An emergency resolution object- An emergency resolution object- allowed by law. ing to a New C1 Liquor Permit at ing to the transfer of ownership of Motion to suspend rules, Charter, 15609 Lakeshore Boulevard. a D5 Liquor Permit to 16826 Lake- and statutory provisions and place Whereas, Council has been noti- shore Bouelvard. on final adoption. fied by the Department of Liquor Whereas, Council has been noti- The rules were suspended. Yeas Control of an application for a New fied by the Department of Liquor 20. Nays 0. Read second time. Read C1 Liquor Permit at Walgreen Co., Control of an application for the third time in full. Adopted. Yeas 20. DBA Walgreen’s #03307, 15609 Lake- transfer of ownership of a D5 Liquor Nays 0. shore Boulevard, Cleveland, Ohio 44110, Permit from 16826 Lakeshore Boule- Permanent Number 935794103307; and vard, Inc., 16826 Lakeshore Boule- Res. No. 1143-09. Whereas, the granting of this vard, Cleveland, Ohio 44110, Perma- By Council Member Polensek. application for a liquor permit to nent Number 7551142 to Lakeshore An emergency resolution object- this high crime area, which is Cocktails, LLC, 16826 Lakeshore ing to the renewal of a C1 and C2 already saturated with other liquor Boulevard, Cleveland, Ohio 44110, Liquor Permit at 18506 St. Clair outlets, is contrary to the best inter- Permanent Number 4979600; and Avenue. ests of the entire community; and Whereas, the granting of this ap- Whereas, the uniform date for Whereas, the applicant does not plication for a liquor permit to this renewal of liquor permits in the qualify to be a permit holder and/or high crime area, which is already State of Ohio is October 1st; and has demonstrated that he has oper- saturated with other liquor outlets, Whereas, pursuant to Section ated his liquor business in disregard is contrary to the best interests of 4303.271 of the Revised Code, the leg- of the laws, regulations or local the entire community; and islative authority of a municipal cor- ordinances of this state or any other Whereas, the applicant does not poration may object to the renewal state; and qualify to be a permit holder and/or of a permit based upon legal grounds Whereas, the place for which the has demonstrated that he has oper- as set forth in division (A) of Re- permit is sought has not conformed ated his liquor business in disregard vised Code Section 4303.292; and to the building, safety or health of the laws, regulations or local Whereas, the applicant is unfit to requirements of the governing body ordinances of this state or any other continue to engage in the liquor per- of this County or City; and state; and mit business in that he has operat- Whereas, the place for which the Whereas, the place for which the ed his liquor permit business in a permit is sought is so arranged or permit is sought has not conformed manner that demonstrates a disre- constructed that law enforcement of- to the building, safety or health gard for the laws, regulations or ficers or agents of the Department of requirements of the governing body local ordinances of the state, and Liquor Control are prevented reason- of this County or City; and that this objection is based on other able access to the establishment; and Whereas, the place for which the legal grounds as set forth in Whereas, the place for which the permit is sought is so arranged or Revised Code Section 4303.292; and permit is sought is so located with constructed that law enforcement Whereas, this resolution consti- respect to the neighborhood that it officers or agents of the Department tutes an emergency measure provid- substantially interferes with public of Liquor Control are prevented rea- ing for the immediate preservation decency, sobriety, peace or good sonable access to the establishment; of the public peace, prosperity, safe- order; and and ty and welfare pursuant to Section Whereas, this objection is based on Whereas, the place for which the 4303.271 of the Ohio Revised Code, other legal grounds as set forth in permit is sought is so located with objections to renewal of liquor per- Revised Code Section 4303.292; and respect to the neighborhood that it mits shall be made no later than Whereas, this resolution consti- substantially interferes with public thirty days prior to the expiration tutes an emergency measure provid- decency, sobriety, peace or good date of the permit; now, therefore, ing for the immediate preservation order; and Be it resolved by the Council of of the public peace, prosperity, safe- Whereas, this objection is based the City of Cleveland: ty and welfare pursuant to Section on other legal grounds as set forth Section 1. That Council does here- 4303.26 of the Ohio Revised Code. in Revised Code Section 4303.292; by record its objection to the renew- Council’s objection to said permit and al of a C1 and C2 Liquor Permit, must be received by the Director of Whereas, this resolution consti- Permit No. 1879570005 owned by D B Liquor Control within 30 days of tutes an emergency measure provid- Ohio Enterprise, Inc., DBA Food notification; now, therefore, ing for the immediate preservation Plus All, 18506 St. Clair Avenue, Be it resolved by the Council of of the public peace, prosperity, safe- Cleveland, Ohio 44110, and requests the City of Cleveland: ty and welfare pursuant to Section the Director of Liquor Control to set Section 1. That Council does here- 4303.26 of the Ohio Revised Code. a hearing for said application in by record its objection to a New C1 Council’s objection to said permit accordance with provisions of Sec- Liquor Permit at Walgreen Co., DBA must be received by the Director of tion 4303.271 of the Revised Code of Walgreen’s #03307, 15609 Lakeshore Liquor Control within 30 days of Ohio. Boulevard, Cleveland, Ohio 44110, notification; now, therefore, Section 2. That the Clerk of Coun- Permanent Number 935794103307, Be it resolved by the Council of cil be and she is hereby directed to and requests the Director of Liquor the City of Cleveland: transmit two certified copies of this Control to set a hearing for said Section 1. That Council does hereby resolution, together with two copies application in accordance with pro- record its objection to the transfer of of a letter of objection and two visions of Section 4303.26 of the ownership of a D5 Liquor Permit from copies of a letter requesting that the Revised Code of Ohio. 16826 Lakeshore Boulevard, Inc., 16826 hearing be held in Cleveland, Cuya- Section 2. That the Clerk of Coun- Lakeshore Boulevard, Cleveland, Ohio hoga County, and a statement by the cil be and she is hereby directed to 44110, Permanent Number 7551142 to Director of Law that, in the Direc- transmit two certified copies of this Lakeshore Cocktails, LLC, 16826 tor’s opinion, that the objection is resolution, together with two copies Lakeshore Boulevard, Cleveland, Ohio based upon substantial legal grounds of a letter of objection and two 44110, Permanent Number 4979600 ; within the meaning and intent of copies of a letter requesting that the and requests the Director of Liquor division (A) of Section 4303.292 of hearing be held in Cleveland, Cuya- Control to set a hearing for said appli- the Revised Code to the Director of hoga County. cation in accordance with provisions Liquor Control. Section 3. That this resolution is of Section 4303.26 of the Revised Code Section 3. That this resolution is hereby declared to be an emergency of Ohio. hereby declared to be an emergency measure and provided it receives the Section 2. That the Clerk of Coun- measure and provided it receives the affirmative vote of two-thirds of all cil be and she is hereby directed to affirmative vote of two-thirds of all the members elected to Council, it transmit two certified copies of this the members elected to Council, it shall take effect and be in force resolution, together with two copies shall take effect and be in force immediately upon its adoption and of a letter of objection and two immediately upon its adoption and approval by the Mayor; otherwise, it copies of a letter requesting that the approval by the Mayor; otherwise, it shall take effect and be in force hearing be held in Cleveland, Cuya- shall take effect and be in force from and after the earliest period hoga County. from and after the earliest period allowed by law. Section 3. That this resolution is allowed by law. Motion to suspend rules, Charter, hereby declared to be an emergency Motion to suspend rules, Charter, and statutory provisions and place measure and provided it receives the and statutory provisions and place on final adoption. affirmative vote of two-thirds of all on final adoption. The rules were suspended. Yeas the members elected to Council, it The rules were suspended. Yeas 20. Nays 0. Read second time. Read shall take effect and be in force 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. immediately upon its adoption and third time in full. Adopted. Yeas 20. Nays 0. approval by the Mayor; otherwise, it Nays 0. 1513 48 The City Record August 12, 2009

Res. No. 1144-09. Res. No. 1145-09. Res. No. 1146-09. By Council Member Reed. By Council Member Reed. By Council Member Reed. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D2, D2X, D3 ing to the renewal of a C2 and C2X ing to the renewal of a C1 and C2 and D3A Liquor Permit at 4005-07 Liquor Permit at 3744 East 144th Liquor Permit at 14300 Kinsman East 131st Street. Street, 1st floor only. Road, 1st floor and basement. Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- continue to engage in the liquor per- continue to engage in the liquor per- mit business in that he has operat- mit business in that he has operat- mit business in that he has operat- ed his liquor permit business in a ed his liquor permit business in a ed his liquor permit business in a manner that demonstrates a disre- manner that demonstrates a disre- manner that demonstrates a disre- gard for the laws, regulations or gard for the laws, regulations or gard for the laws, regulations or local ordinances of the state, and local ordinances of the state, and local ordinances of the state, and that this objection is based on other that this objection is based on other that this objection is based on other legal grounds as set forth in legal grounds as set forth in legal grounds as set forth in Revised Code Section 4303.292; and Revised Code Section 4303.292; and Revised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- Revised Code, objections to renew- vised Code, objections to renewal vised Code, objections to renewal al of liquor permits shall be made of liquor permits shall be made no of liquor permits shall be made no later than thirty days prior to the later than thirty days prior to the no later than thirty days prior to expiration date of the permit; now, expiration date of the permit; now, the expiration date of the permit; therefore, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a C2 and C2X Liquor Permit, al of a C1 and C2 Liquor Permit, al of a D2, D2X, D3 and D3A Liquor Permit No. 0300177 owned by Nader Permit No. 0505406 owned by Robert Permit, Permit No. 9819313 owned by Assad, DBA One Stop Market, 3744 Dale Batch, DBA Your Snack Shack, Yar Rum, Inc., DBA Murray’s, 4005- East 144th Street, 1st floor only, 14300 Kinsman Road, 1st floor and 07 East 131st Street, Cleveland, Ohio Cleveland, Ohio 44120 and requests basement, Cleveland, Ohio 44120, and 44105, and requests the Director of the Director of Liquor Control to set requests the Director of Liquor Con- Liquor Control to set a hearing for a hearing for said application in trol to set a hearing for said appli- said application in accordance with accordance with provisions of Sec- cation in accordance with provisions provisions of Section 4303.271 of the tion 4303.271 of the Revised Code of of Section 4303.271 of the Revised Revised Code of Ohio. Ohio. Code of Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1514 August 12, 2009 The City Record 49

Res. No. 1147-09. Res. No. 1148-09. Res. No. 1149-09. By Council Member Reed. By Council Member Reed. By Council Member Santiago. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D5 and D6 ing to the renewal of a C1, C2 and ing to the renewal of a C1 Liquor Liquor Permit at 10300 Union Ave- D6 Liquor Permit at 12408 Union Permit at 3226 Clark Avenue. nue. Avenue. Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor continue to engage in the liquor per- continue to engage in the liquor per- permit business in that he has mit business in that he has operat- mit business in that he has operat- operated his liquor permit business ed his liquor permit business in a ed his liquor permit business in a in a manner that demonstrates a manner that demonstrates a disre- manner that demonstrates a disre- disregard for the laws, regulations gard for the laws, regulations or gard for the laws, regulations or or local ordinances of the state, local ordinances of the state, and local ordinances of the state, and and that this objection is based on that this objection is based on other that this objection is based on other other legal grounds as set forth legal grounds as set forth in Re- legal grounds as set forth in in Revised Code Section 4303.292; vised Code Section 4303.292; and Revised Code Section 4303.292; and and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio vised Code, objections to renewal vised Code, objections to renewal Revised Code, objections to renew- of liquor permits shall be made no of liquor permits shall be made no al of liquor permits shall be made later than thirty days prior to the later than thirty days prior to the no later than thirty days prior to expiration date of the permit; now, expiration date of the permit; now, the expiration date of the permit; therefore, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the by record its objection to the by record its objection to the renewal of a D5 and D6 Liquor Per- renewal of a C1, C2 and D6 Liquor renewal of a C1 Liquor Permit, Per- mit, Permit No. 6549357 owned by Permit, Permit No. 6371287 owned mit No. 6527435 owned by OLA 3226 10300 Union, Inc., DBA LaRobbs by New Coast, Inc., DBA Union Inc., 3226 Clark Avenue, Cleveland, Nightclub, 10300 Union Avenue, Deli, 12408 Union Avenue, Cleve- Ohio 44109, and requests the Direc- Cleveland, Ohio 44105, and requests land, Ohio 44105, and requests the tor of Liquor Control to set a hear- the Director of Liquor Control to Director of Liquor Control to set a ing for said application in accor- set a hearing for said application hearing for said application in dance with provisions of Section in accordance with provisions of accordance with provisions of Sec- 4303.271 of the Revised Code of Section 4303.271 of the Revised tion 4303.271 of the Revised Code of Code of Ohio. Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1515 50 The City Record August 12, 2009

Res. No. 1150-09. Res. No. 1151-09. Res. No. 1152-09. By Council Member Santiago. By Council Member Wilkes. By Council Member Wilkes. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D5 Liquor ing to the renewal of a C2 and C2X ing to the renewal of a C2 and C2X Permit at 3382 West 44th Street. Liquor Permit at 12401 Corlett Ave- Liquor Permit at 9305 Miles Avenue. Whereas, the uniform date for nue. Whereas, the uniform date for renewal of liquor permits in the Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; and renewal of liquor permits in the State of Ohio is October 1st; and Whereas, pursuant to Section State of Ohio is October 1st; and Whereas, pursuant to Section 4303.271 of the Revised Code, the Whereas, pursuant to Section 4303.271 of the Revised Code, the legislative authority of a municipal 4303.271 of the Revised Code, the legislative authority of a municipal corporation may object to the renew- legislative authority of a municipal corporation may object to the renew- al of a permit based upon legal corporation may object to the renew- al of a permit based upon legal grounds as set forth in division (A) al of a permit based upon legal grounds as set forth in division (A) of Revised Code Section 4303.292; grounds as set forth in division (A) of Revised Code Section 4303.292; and of Revised Code Section 4303.292; and Whereas, the applicant is unfit and Whereas, the applicant is unfit to to continue to engage in the liquor Whereas, the applicant is unfit to continue to engage in the liquor per- permit business in that he has continue to engage in the liquor per- mit business in that he has operat- operated his liquor permit business mit business in that he has operat- ed his liquor permit business in a in a manner that demonstrates a ed his liquor permit business in a manner that demonstrates a disre- disregard for the laws, regulations manner that demonstrates a disre- gard for the laws, regulations or or local ordinances of the state, gard for the laws, regulations or local ordinances of the state, and and that this objection is based local ordinances of the state, and that this objection is based on other on other legal grounds as set forth that this objection is based on other legal grounds as set forth in Re- in Revised Code Section 4303.292; legal grounds as set forth in Re- vised Code Section 4303.292; and and vised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- vised Code, objections to renewal vised Code, objections to renewal vised Code, objections to renewal of liquor permits shall be made no of liquor permits shall be made no of liquor permits shall be made no later than thirty days prior to the later than thirty days prior to the later than thirty days prior to the expiration date of the permit; now, expiration date of the permit; now, expiration date of the permit; now, therefore, therefore, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a C2 and C2X Liquor Permit, al of a D5 Liquor Permit, Permit No. al of a C2 and C2X Liquor Permit, Permit No. 6416088 owned by Ninety- 1639762 owned by Heriberto Colon, Permit No. 7748288 owned by SAS Three Miles, Inc., DBA Convenience DBA El Tropical, 3382 West 44th Enterprises of Ohio, LLC, DBA Cor- Plus Food Mart, 9305 Miles Avenue, Street, 1st floor rear and basement, lett Mini Stop, 12401 Corlett Avenue, Cleveland, Ohio 44105, and requests Cleveland, Ohio 44109, and requests 1st floor, Cleveland, Ohio 44105, and the Director of Liquor Control to set the Director of Liquor Control to set requests the Director of Liquor Con- a hearing for said application in a hearing for said application in trol to set a hearing for said appli- accordance with provisions of Sec- accordance with provisions of Sec- cation in accordance with provisions tion 4303.271 of the Revised Code of tion 4303.271 of the Revised Code of of Section 4303.271 of the Revised Ohio. Code of Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1516 August 12, 2009 The City Record 51

Res. No. 1153-09. Whereas, Council has been noti- The rules were suspended. Yeas By Council Member Wilkes. fied by the Department of Liquor 20. Nays 0. Read second time. Read An emergency resolution object- Control of an application for a New third time in full. Adopted. Yeas 20. ing to the renewal of a C2, C2X and C2 Liquor Permit at Free Phone For Nays 0. D6 Liquor Permit at 11609 Miles You, Inc., 13712 Lorain Avenue, Avenue. Cleveland, Ohio 44111, Permanent Res. No. 1161-09. Whereas, the uniform date for Number 2911406; and By Council Member Mitchell. renewal of liquor permits in the Whereas, the granting of this An emergency resolution object- State of Ohio is October 1st; and application for a liquor permit to ing to the renewal of a C1 and C2 Whereas, pursuant to Section this high crime area, which is Liquor Permit at 2603 Woodhill 4303.271 of the Revised Code, the already saturated with other liquor Avenue. legislative authority of a municipal outlets, is contrary to the best inter- Whereas, the uniform date for corporation may object to the renew- ests of the entire community; and renewal of liquor permits in the al of a permit based upon legal Whereas, the applicant does not State of Ohio is October 1st; and grounds as set forth in division (A) qualify to be a permit holder and/or Whereas, pursuant to Section of Revised Code Section 4303.292; and has demonstrated that he has oper- 4303.271 of the Revised Code, the Whereas, the applicant is unfit to ated his liquor business in disregard legislative authority of a municipal continue to engage in the liquor per- of the laws, regulations or local corporation may object to the renew- mit business in that he has operat- ordinances of this state or any other al of a permit based upon legal ed his liquor permit business in a grounds as set forth in division (A) state; and manner that demonstrates a disre- of Revised Code Section 4303.292; Whereas, the place for which the gard for the laws, regulations or and permit is sought has not conformed local ordinances of the state, and Whereas, the applicant is unfit to to the building, safety or health that this objection is based on other continue to engage in the liquor per- requirements of the governing body legal grounds as set forth in Re- mit business in that he has operat- of this County or City; and vised Code Section 4303.292; and ed his liquor permit business in a Whereas, this resolution consti- Whereas, the place for which the manner that demonstrates a disre- tutes an emergency measure pro- permit is sought is so arranged or gard for the laws, regulations or viding for the immediate preserva- constructed that law enforcement local ordinances of the state, and tion of the public peace, prosperity, officers or agents of the Department that this objection is based on other safety and welfare pursuant to Sec- of Liquor Control are prevented rea- legal grounds as set forth in Re- tion 4303.271 of the Ohio Revised sonable access to the establishment; vised Code Section 4303.292; and Code, objections to renewal of and Whereas, this resolution consti- liquor permits shall be made no Whereas, the place for which the tutes an emergency measure pro- later than thirty days prior to the permit is sought is so located with viding for the immediate preserva- expiration date of the permit; now, respect to the neighborhood that it tion of the public peace, prosperi- therefore, substantially interferes with public ty, safety and welfare pursuant to Be it resolved by the Council of decency, sobriety, peace or good Section 4303.271 of the Ohio Re- the City of Cleveland: order; and vised Code, objections to renewal Section 1. That Council does here- Whereas, this objection is based of liquor permits shall be made no by record its objection to the renew- on other legal grounds as set forth later than thirty days prior to the al of a C2, C2X and D6 Liquor Per- in Revised Code Section 4303.292; expiration date of the permit; now, mit, Permit No. 3479133 owned by and therefore, Habibi, Inc,. DBA Frank’s Marathon, Whereas, this resolution consti- Be it resolved by the Council of 11609 Miles Avenue, Cleveland, Ohio tutes an emergency measure pro- the City of Cleveland: 44195, and requests the Director of viding for the immediate preserva- Section 1. That Council does here- Liquor Control to set a hearing for tion of the public peace, prosperi- by record its objection to the renew- said application in accordance with ty, safety and welfare pursuant to al of a C1 and C2 Liquor Permit, provisions of Section 4303.271 of the Section 4303.26 of the Ohio Revised Permit No. 4118409 owned by Ibald, Revised Code of Ohio. Code. Council’s objection to said Inc., DBA American Food Mart, 2603 Section 2. That the Clerk of Coun- permit must be received by the Woodhill Avenue, Cleveland, Ohio cil be and she is hereby directed to Director of Liquor Control within 44104, and requests the Director of transmit two certified copies of 30 days of notification; now, there- Liquor Control to set a hearing for this resolution, together with two fore, said application in accordance with copies of a letter of objection and Be it resolved by the Council of provisions of Section 4303.271 of the two copies of a letter requesting the City of Cleveland: Revised Code of Ohio. that the hearing be held in Cleve- Section 1. That Council does here- Section 2. That the Clerk of Coun- land, Cuyahoga County, and a by record its objection to a New C2 cil be and she is hereby directed to statement by the Director of Law Liquor Permit at Free Phone For transmit two certified copies of that, in the Director’s opinion, that You, Inc., 13712 Lorain Avenue, this resolution, together with two the objection is based upon sub- Cleveland, Ohio 44111, Permanent copies of a letter of objection and stantial legal grounds within the Number 2911406; and requests the two copies of a letter requesting meaning and intent of division (A) Director of Liquor Control to set a that the hearing be held in Cleve- of Section 4303.292 of the Revised hearing for said application in land, Cuyahoga County, and a Code to the Director of Liquor Con- statement by the Director of Law accordance with provisions of Sec- trol. that, in the Director’s opinion, that tion 4303.26 of the Revised Code of Section 3. That this resolution is the objection is based upon sub- Ohio. hereby declared to be an emergency stantial legal grounds within the Section 2. That the Clerk of Coun- measure and provided it receives the meaning and intent of division (A) cil be and she is hereby directed to affirmative vote of two-thirds of all of Section 4303.292 of the Revised transmit two certified copies of this the members elected to Council, it Code to the Director of Liquor Con- shall take effect and be in force resolution, together with two copies trol. immediately upon its adoption and of a letter of objection and two Section 3. That this resolution is approval by the Mayor; otherwise, it copies of a letter requesting that the hereby declared to be an emergency shall take effect and be in force hearing be held in Cleveland, Cuya- measure and provided it receives the from and after the earliest period hoga County. affirmative vote of two-thirds of all allowed by law. Section 3. That this resolution is the members elected to Council, it Motion to suspend rules, Charter, hereby declared to be an emergency shall take effect and be in force and statutory provisions and place measure and provided it receives the immediately upon its adoption and on final adoption. affirmative vote of two-thirds of all approval by the Mayor; otherwise, it The rules were suspended. Yeas the members elected to Council, it shall take effect and be in force 20. Nays 0. Read second time. Read shall take effect and be in force from and after the earliest period third time in full. Adopted. Yeas 20. immediately upon its adoption and allowed by law. Nays 0. approval by the Mayor; otherwise, it Motion to suspend rules, Charter, shall take effect and be in force and statutory provisions and place Res. No. 1154-09. from and after the earliest period on final adoption. By Council Member Sweeney. allowed by law. The rules were suspended. Yeas An emergency resolution object- Motion to suspend rules, Charter, 20. Nays 0. Read second time. Read ing to a New C2 Liquor Permit at and statutory provisions and place third time in full. Adopted. Yeas 20. 13712 Lorain Avenue. on final adoption. Nays 0. 1517 52 The City Record August 12, 2009

Res. No. 1163-09. Res. No. 1165-09. Res. No. 1166-09. By Council Member Reed. By Council Member Miller. By Council Member Miller. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a C2 and C2X ing to the renewal of a D1, D2, D3 ing to the renewal of a D1, D2, D3 Liquor Permit at 12802 Kinsman and D3A Liquor Permit at 18029 and D3A Liquor Permit at 12515-19 Road, 1st floor and basement. Euclid Avenue. St. Clair Avenue. Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- continue to engage in the liquor per- continue to engage in the liquor per- mit business in that he has operat- mit business in that he has operat- mit business in that he has operat- ed his liquor permit business in a ed his liquor permit business in a ed his liquor permit business in a manner that demonstrates a disre- manner that demonstrates a disre- manner that demonstrates a disre- gard for the laws, regulations or gard for the laws, regulations or gard for the laws, regulations or local ordinances of the state, and local ordinances of the state, and local ordinances of the state, and that this objection is based on other that this objection is based on other that this objection is based on other legal grounds as set forth in legal grounds as set forth in Re- legal grounds as set forth in Re- Revised Code Section 4303.292; and vised Code Section 4303.292; and vised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperi- tion of the public peace, prosperi- tion of the public peace, prosperi- ty, safety and welfare pursuant to ty, safety and welfare pursuant to ty, safety and welfare pursuant to Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio Re- Section 4303.271 of the Ohio vised Code, objections to renewal vised Code, objections to renewal Revised Code, objections to renew- of liquor permits shall be made no of liquor permits shall be made no al of liquor permits shall be made later than thirty days prior to the later than thirty days prior to the no later than thirty days prior to expiration date of the permit; now, expiration date of the permit; now, the expiration date of the permit; therefore, therefore, now, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a C2 and C2X Liquor Permit, al of a D1, D2, D3 and D3A Liquor al of a D1, D2, D3 and D3A Liquor Permit No. 3019386-0005 owned by Permit, Permit No. 4307201 owned by Permit, Permit No. 7514486 owned Beverly C. Galloway, 12802 Kinsman Johnny & Co. Bar & Grill, LLC, DBA by Roscoe, Inc., DBA Honey Do Road, 1st floor and basement, Cleve- Johnny & Co. Bar and Grill, 18029 Club, 12515-19 St. Clair Avenue, land, Ohio 44120, and requests the Euclid Avenue, Cleveland, Ohio Cleveland, Ohio 44108, and requests Director of Liquor Control to set a 44112, and requests the Director of the Director of Liquor Control to hearing for said application in Liquor Control to set a hearing for set a hearing for said application accordance with provisions of Sec- said application in accordance with in accordance with provisions of tion 4303.271 of the Revised Code of provisions of Section 4303.271 of the Section 4303.271 of the Revised Code Ohio. Revised Code of Ohio. of Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1518 August 12, 2009 The City Record 53

Res. No. 1167-09. Res. No. 1168-09. Res. No. 1169-09. By Council Member Cleveland. By Council Member Cleveland. By Council Member Cleveland. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a C2, C2X and ing to the renewal of a C1 and C2 ing to the renewal of a C2 and C2X D6 Liquor Permit at 2747 Cedar Liquor Permit at 4643 Broadway Liquor Permit at 3135 East 79th Avenue, 1st floor and basement. Avenue. Street. Whereas, the uniform date for Whereas, the uniform date for Whereas, the uniform date for renewal of liquor permits in the renewal of liquor permits in the renewal of liquor permits in the State of Ohio is October 1st; and State of Ohio is October 1st; and State of Ohio is October 1st; and Whereas, pursuant to Section Whereas, pursuant to Section Whereas, pursuant to Section 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the legislative authority of a municipal legislative authority of a municipal legislative authority of a municipal corporation may object to the renew- corporation may object to the renew- corporation may object to the renew- al of a permit based upon legal al of a permit based upon legal al of a permit based upon legal grounds as set forth in division (A) grounds as set forth in division (A) grounds as set forth in division (A) of Revised Code Section 4303.292; of Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, the applicant is unfit to Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- continue to engage in the liquor per- continue to engage in the liquor per- mit business in that he has operat- mit business in that he has operat- mit business in that he has operat- ed his liquor permit business in a ed his liquor permit business in a ed his liquor permit business in a manner that demonstrates a disre- manner that demonstrates a disre- manner that demonstrates a disre- gard for the laws, regulations or gard for the laws, regulations or gard for the laws, regulations or local ordinances of the state, and local ordinances of the state, and local ordinances of the state, and that this objection is based on other that this objection is based on other that this objection is based on other legal grounds as set forth in Re- legal grounds as set forth in Re- legal grounds as set forth in vised Code Section 4303.292; and vised Code Section 4303.292; and Revised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure pro- viding for the immediate preserva- viding for the immediate preserva- viding for the immediate preserva- tion of the public peace, prosperity, tion of the public peace, prosperity, tion of the public peace, prosperity, safety and welfare pursuant to Sec- safety and welfare pursuant to Sec- safety and welfare pursuant to Sec- tion 4303.271 of the Ohio Revised tion 4303.271 of the Ohio Revised tion 4303.271 of the Ohio Revised Code, objections to renewal of Code, objections to renewal of Code, objections to renewal of liquor permits shall be made no liquor permits shall be made no liquor permits shall be made no later than thirty days prior to the later than thirty days prior to the later than thirty days prior to the expiration date of the permit; now, expiration date of the permit; now, expiration date of the permit; now, therefore, therefore, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the re- by record its objection to the renew- by record its objection to the re- newal of a C2, C2X and D6 Liquor al of a C1 and C2 Liquor Permit, newal of a C2 and C2X Liquor Per- Permit, Permit No. 71337770005 Permit No. 76857450005 owned by mit, Permit No. 3043671 owned by owned by Quasem, Inc., 2747 Cedar Salina, Inc., DBA Broadway Deli, Garden Valley Shop Express, Inc., Avenue, 1st floor and basement, 4643 Broadway Avenue, 1st floor, 3135 East 79th Street, Cleveland, Cleveland, Ohio 44115, and requests Cleveland, Ohio 44127, and requests Ohio 44104, and requests the Direc- the Director of Liquor Control to the Director of Liquor Control to set tor of Liquor Control to set a hear- set a hearing for said application a hearing for said application in ing for said application in accor- in accordance with provisions of accordance with provisions of Sec- dance with provisions of Section Section 4303.271 of the Revised tion 4303.271 of the Revised Code of 4303.271 of the Revised Code of Code of Ohio. Ohio. Ohio. Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- Section 2. That the Clerk of Coun- cil be and she is hereby directed to cil be and she is hereby directed to cil be and she is hereby directed to transmit two certified copies of transmit two certified copies of transmit two certified copies of this resolution, together with two this resolution, together with two this resolution, together with two copies of a letter of objection and copies of a letter of objection and copies of a letter of objection and two copies of a letter requesting two copies of a letter requesting two copies of a letter requesting that the hearing be held in Cleve- that the hearing be held in Cleve- that the hearing be held in Cleve- land, Cuyahoga County, and a land, Cuyahoga County, and a land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1519 54 The City Record August 12, 2009

Res. No. 1170-09. Res. No. 1171-09. Res. No. 1172-09. By Council Member Cummins. By Council Member Conwell. By Council Member Zone. An emergency resolution object- An emergency resolution object- An emergency resolution object- ing to the renewal of a D1, D2, D3 ing to the renewal of a D5 Liquor ing to the renewal of a D1, D2, D3, and D3A Liquor Permit at 3314 Permit at 11139-43 Superior Avenue. D3A and D6 Liquor Permit at 8309 Broadview Road, 1st floor and base- Whereas, the uniform date for Madison Avenue, 1st and 2nd floors. ment. renewal of liquor permits in the Whereas, the uniform date for Whereas, the uniform date for State of Ohio is October 1st; and renewal of liquor permits in the renewal of liquor permits in the Whereas, pursuant to Section State of Ohio is October 1st; and State of Ohio is October 1st; and 4303.271 of the Revised Code, the Whereas, pursuant to Section Whereas, pursuant to Section legislative authority of a municipal 4303.271 of the Revised Code, the 4303.271 of the Revised Code, the corporation may object to the renew- legislative authority of a municipal legislative authority of a municipal al of a permit based upon legal corporation may object to the renew- corporation may object to the renew- grounds as set forth in division (A) al of a permit based upon legal al of a permit based upon legal of Revised Code Section 4303.292; grounds as set forth in division (A) grounds as set forth in division (A) and of Revised Code Section 4303.292; of Revised Code Section 4303.292; Whereas, the applicant is unfit to and and continue to engage in the liquor per- Whereas, the applicant is unfit to Whereas, the applicant is unfit to continue to engage in the liquor per- mit business in that he has operat- continue to engage in the liquor per- mit business in that he has operat- ed his liquor permit business in a mit business in that he has operat- ed his liquor permit business in a manner that demonstrates a disre- ed his liquor permit business in a manner that demonstrates a disre- gard for the laws, regulations or manner that demonstrates a disre- gard for the laws, regulations or local ordinances of the state, and gard for the laws, regulations or local ordinances of the state, and that this objection is based on other local ordinances of the state, and that this objection is based on other legal grounds as set forth in Re- that this objection is based on other legal grounds as set forth in legal grounds as set forth in Re- vised Code Section 4303.292; and Revised Code Section 4303.292; and vised Code Section 4303.292; and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, this resolution consti- tutes an emergency measure pro- tutes an emergency measure pro- tutes an emergency measure provid- viding for the immediate preserva- viding for the immediate preserva- ing for the immediate preservation tion of the public peace, prosperity, tion of the public peace, prosperity, of the public peace, prosperity, safe- safety and welfare pursuant to Sec- safety and welfare pursuant to Sec- ty and welfare pursuant to Section tion 4303.271 of the Ohio Revised tion 4303.271 of the Ohio Revised 4303.271 of the Ohio Revised Code, Code, objections to renewal of Code, objections to renewal of objections to renewal of liquor per- liquor permits shall be made no liquor permits shall be made no mits shall be made no later than later than thirty days prior to the later than thirty days prior to the thirty days prior to the expiration expiration date of the permit; now, expiration date of the permit; now, date of the permit; now, therefore, therefore, therefore, Be it resolved by the Council of Be it resolved by the Council of Be it resolved by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That Council does here- Section 1. That Council does here- Section 1. That Council does here- by record its objection to the renew- by record its objection to the renew- by record its objection to the renew- al of a D1, D2, D3 and D3A Liquor al of a D5 Liquor Permit, Permit No. al of a D1, D2, D3, D3A and D6 Permit, Permit No. 6483695 owned by 4316046 owned by Bobbie Johnson, Liquor Permit, Permit No. 0142976 N Yuk Yuks Bar & Grill, Inc., DBA DBA Frecks, 11139-43 Superior Ave- owned by Almont, Inc., DBA Sea N Yuk N Yuks, 3314 Broadview nue, Cleveland, Ohio 44106, and Level, 8309 Madison Avenue, Cleve- Road, Cleveland, Ohio 44109, and requests the Director of Liquor Con- land, Ohio 44102, and requests the requests the Director of Liquor Con- trol to set a hearing for said appli- Director of Liquor Control to set a trol to set a hearing for said appli- cation in accordance with provisions hearing for said application in cation in accordance with provisions of Section 4303.271 of the Revised accordance with provisions of Sec- of Section 4303.271 of the Revised Code of Ohio. tion 4303.271 of the Revised Code of Code of Ohio. Section 2. That the Clerk of Coun- Ohio. Section 2. That the Clerk of Coun- cil be and she is hereby directed to Section 2. That the Clerk of Coun- cil be and she is hereby directed to transmit two certified copies of cil be and she is hereby directed to transmit two certified copies of this resolution, together with two transmit two certified copies of this resolution, together with two copies of a letter of objection and this resolution, together with two copies of a letter of objection and two copies of a letter requesting copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleve- two copies of a letter requesting that the hearing be held in Cleve- land, Cuyahoga County, and a that the hearing be held in Cleve- land, Cuyahoga County, and a statement by the Director of Law land, Cuyahoga County, and a statement by the Director of Law statement by the Director of Law that, in the Director’s opinion, that that, in the Director’s opinion, that that, in the Director’s opinion, that the objection is based upon sub- the objection is based upon sub- the objection is based upon sub- stantial legal grounds within the stantial legal grounds within the stantial legal grounds within the meaning and intent of division (A) meaning and intent of division (A) meaning and intent of division (A) of Section 4303.292 of the Revised of Section 4303.292 of the Revised of Section 4303.292 of the Revised Code to the Director of Liquor Con- Code to the Director of Liquor Con- Code to the Director of Liquor Con- trol. trol. trol. Section 3. That this resolution is Section 3. That this resolution is Section 3. That this resolution is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and provided it receives the measure and provided it receives the measure and provided it receives the affirmative vote of two-thirds of all affirmative vote of two-thirds of all affirmative vote of two-thirds of all the members elected to Council, it the members elected to Council, it the members elected to Council, it shall take effect and be in force shall take effect and be in force shall take effect and be in force immediately upon its adoption and immediately upon its adoption and immediately upon its adoption and approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Motion to suspend rules, Charter, and statutory provisions and place and statutory provisions and place and statutory provisions and place on final adoption. on final adoption. on final adoption. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read 20. Nays 0. Read second time. Read third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. third time in full. Adopted. Yeas 20. Nays 0. Nays 0. Nays 0. 1520 August 12, 2009 The City Record 55

Res. No. 1173-09. Res. No. 1174-09. 2. In Section 1, line 8, strike “exer- By Council Member Keane. By Council Member Cleveland. cisable by the Director of Port Con- An emergency resolution object- An emergency resolution with- trol” and insert “exercisable through ing to the renewal of a C1 Liquor drawing objection to the transfer of additional legislative authority”. Permit at 14910 Lorain Avenue. ownership of C1 Liquor Permit at Amendments agreed to. Whereas, the uniform date for 7002 Cedar Avenue and repealing The rules were suspended. Yeas renewal of liquor permits in the Resolution No. 460-09, objecting to 20. Nays 0. Read second time. Read State of Ohio is October 1st; and said transfer. third time in full. Passed. Yeas 20. Whereas, pursuant to Section Whereas, this Council objected to Nays 0. 4303.271 of the Revised Code, the the transfer of ownership of a C1 In compliance with Section 33 of legislative authority of a municipal Liquor Permit to Cedar Crest Foods, the Charter, a copy of the legisla- corporation may object to the renew- Inc., DBA Cedar Crest Foods, 7002 tion was furnished to each member Cedar Avenue, Cleveland, Ohio al of a permit based upon legal of Council before final passage. 44103, Permanent No. 1350137, by grounds as set forth in division (A) Resolution No. 460-09 adopted by the of Revised Code Section 4303.292; Ord. No. 753-09. Council on April 6, 2009; and and By Council Members Zone and Whereas, this Council wishes to Whereas, the applicant is unfit Sweeney (by departmental request). withdraw its objection to the above to continue to engage in the liquor An emergency ordinance authoriz- transfer and consents to said trans- ing the Director of Public Utilities permit business in that he has fer; and to employ one or more professional operated his liquor permit business Whereas, this resolution consti- consultants to prepare a comprehen- in a manner that demonstrates a tutes an emergency measure provid- sive financial plan including a cost disregard for the laws, regulations ing for the usual daily operation of of service, and rate and fee analy- or local ordinances of the state, a municipal department; now, there- sis for the years 2011 through 2015, and that this objection is based fore, for the Divisions of Water and on other legal grounds as set forth Be it resolved by the Council of Water Pollution Control, Depart- in Revised Code Section 4303.292; the City of Cleveland: ment of Public Utilities. and Section 1. That objection to a C1 Approved by Directors of Public Whereas, this resolution consti- Liquor Permit to Cedar Crest Foods, Utilities, Finance, Law; Passage rec- tutes an emergency measure pro- Inc., DBA Cedar Crest Foods, 7002 ommended by Committees on Public viding for the immediate preserva- Cedar Avenue, Cleveland, Ohio Utilities, Finance. tion of the public peace, prosperity, 44103, Permanent No. 1350137, be and The rules were suspended. Yeas safety and welfare pursuant to Sec- the same is hereby withdrawn and 20. Nays 0. Read second time. Read tion 4303.271 of the Ohio Revised Resolution No. 460-09, containing third time in full. Passed. Yeas 20. Code, objections to renewal of such objection, be and the same is Nays 0. liquor permits shall be made no hereby repealed and that this Coun- later than thirty days prior to the cil consents to the immediate trans- Ord. No. 758-09. fer thereof. expiration date of the permit; now, By Council Members Kelley, Cim- Section 2. That this resolution is therefore, perman and Sweeney (by depart- hereby declared to be an emergency Be it resolved by the Council of mental request). measure and provided it receives the the City of Cleveland: An emergency ordinance authoriz- affirmative vote of two-thirds of all Section 1. That Council does here- ing the Director of Port Control to the members elected to Council, it by record its objection to the renew- enter into a Lease Agreement with shall take effect and be in force al of a C1 Liquor Permit, Permit No. Continental Airlines, Inc. for hangar immediately upon its adoption and 7057634 owned by Prakash, Inc., space and aircraft maintenance and approval by the Mayor; otherwise, it DBA JRS Mini Mart, 14910 Lorain repair at Cleveland Hopkins Inter- shall take effect and be in force national Airport, for the Department Avenue, Cleveland, Ohio 44111, and from and after the earliest period of Port Control, for a period of twen- requests the Director of Liquor Con- allowed by law. ty years, with one five year option trol to set a hearing for said appli- Motion to suspend rules, Charter, to renew, exercisable by the Direc- cation in accordance with provisions and statutory provisions and place of Section 4303.271 of the Revised on final adoption. tor of Port Control. Code of Ohio. The rules were suspended. Yeas Approved by Directors of Port Section 2. That the Clerk of Coun- 20. Nays 0. Read second time. Read Control, City Planning Commission, cil be and she is hereby directed to third time in full. Adopted. Yeas 20. Finance, Law; Passage recom- transmit two certified copies of Nays 0. mended by Committees on Aviation this resolution, together with two and Transportation, City Planning, copies of a letter of objection and SECOND READING EMERGENCY Finance; when amended as follows: two copies of a letter requesting ORDINANCES PASSED 1. In the title, line 6, after “Con- that the hearing be held in Cleve- trol,” insert “and to issue rent cred- land, Cuyahoga County, and a Ord. No. 698-09. its to Continental Airlines, Inc. for statement by the Director of Law By Council Members Kelley, Cim- the cost of determining fair market value by independent appraisal of that, in the Director’s opinion, that perman and Sweeney (by depart- the leased premises” and strike lines the objection is based upon sub- mental request). 8 and 9 in their entirety and insert stantial legal grounds within the An emergency ordinance authoriz- “to renew, exercisable through addi- meaning and intent of division (A) ing the Director of Port Control to tional legislative authority.”. of Section 4303.292 of the Revised enter into a Lease Agreement with 2. In Section 1 line 5, strike “, Code to the Director of Liquor Con- Bradford Airport Logistics to oper- exercisable by the Director of Port trol. ate a centralized receiving and dis- Control” and insert “, exercisable Section 3. That this resolution is tribution center for all concessions operating at Cleveland Hopkins Inter- through additional legislative author- hereby declared to be an emergency national Airport, for the Department ity”. measure and provided it receives the of Port Control, for a period of five 3. In Section 2, line 4, after affirmative vote of two-thirds of all years, with one option to renew for “appraisal.” insert “That the Direc- the members elected to Council, it an additional five year period, exer- tor of Port Control is authorized to shall take effect and be in force cisable by the Director of Port Con- issue rent credits to Lessee for the immediately upon its adoption and trol. purpose of reimbursing Lessee the approval by the Mayor; otherwise, it Approved by Directors of Port cost of the appraisal to determine shall take effect and be in force Control, City Planning Commission, fair market value of the Leased from and after the earliest period Finance, Law; Passage recom- Premises. The rent credit amount allowed by law. mended by Committees on Aviation shall be equal to the cost of the Motion to suspend rules, Charter, and Transportation, City Planning, appraisal and is subject to approval and statutory provisions and place Finance; when amended as follows: of the Director of Port Control. The on final adoption. 1. In the title, strike lines 9 and Director of Port Control is autho- The rules were suspended. Yeas 10 in their entirety and insert “ad- rized to execute any additional doc- 20. Nays 0. Read second time. Read ditional five year period, exercis- uments necessary and appropriate to third time in full. Adopted. Yeas 20. able through additional legislative issue the rent credits.”. Nays 0. authority.”. Amendments agreed to. 1521 56 The City Record August 12, 2009

The rules were suspended. Yeas materials necessary to test, inspect, additional emergency generator power 20. Nays 0. Read second time. Read maintain, repair, enhance or replace supply at Cleveland Hopkins Inter- third time in full. Passed. Yeas 20. building protection services, includ- national Airport; authorizing the Nays 0. ing, but not limited to, heating, ven- Director of Port Control to enter into In compliance with Section 33 of tilation, and air conditioning sys- one or more public improvement con- the Charter, a copy of the legisla- tems or components, security sys- tracts for the making of the tion was furnished to each member tems or components, and fire pro- improvement; authorizing the Direc- of Council before final passage. tection system or components, in- tor to employ one or more profes- cluding installation if necessary, for sional consultants to design the Ord. No. 762-09. the Divisions of Water, Water Pol- improvement; and to enter into var- By Council Members Kelley and lution Control, and Cleveland Public ious written standard purchase and Sweeney (by departmental request). Power, Department of Public Utili- requirement contracts needed in con- An emergency ordinance authoriz- ties, for a period up to two years. nection with the improvement. ing the purchase by one or more Approved by Directors of Public Approved by Directors of Port requirement contracts of the neces- Utilities, Finance, Law; Passage rec- Control, City Planning Commission, sary items of materials, equipment, ommended by Committees on Public Finance, Law; Passage recommend- supplies, and services needed to col- Utilities, Finance; when amended as ed by Committees on Aviation and lect, analyze, sample, recycle, and dis- follows: Transportation, City Planning, Finance. 1. In the title, strike the last two pose of spent aircraft deicing fluid, The rules were suspended. Yeas lines and insert “Public Power, and to maintain and monitor valves 20. Nays 0. Read second time. Read Department of Public Utilities.”. and other appurtenances associated third time in full. Passed. Yeas 20. 2. In Section 1, line 3, strike “for with regulatory compliance, includ- Nays 0. the period up to two years” and ing labor, for the various divisions of insert “for the period of one or two the Department of Port Control, for a Ord. No. 907-09. years”; and at the end, add “The period of two years, with two one- By Council Member Kelley. Director of Public Utilities autho- An emergency ordinance desig- year options to renew, the first of rized to enter into one or more con- nating Our Lady of Good Counsel which is exercisable through addi- tracts with a term of two years Church, School, Rectory, Convent, tional legislative authority. instead of one year when there is a and Hall as a Cleveland Landmark. Approved by Directors of Port financial advantage to the City. For Approved by Directors of City Control, Finance, Law; Passage rec- purposes of this ordinance, a finan- Planning Commission, Law; Passage ommended by Committees on Avia- cial advantage shall be determined recommended by Committee on City tion and Transportation, Finance. by the Director of Public Utilities by Planning. The rules were suspended. Yeas comparing the bids received for both The rules were suspended. Yeas 20. Nays 0. Read second time. Read terms.”. 20. Nays 0. Read second time. Read third time in full. Passed. Yeas 20. Amendments agreed to. third time in full. Passed. Yeas 20. Nays 0. The rules were suspended. Yeas Nays 0. 20. Nays 0. Read second time. Read Ord. No. 879-09. third time in full. Passed. Yeas 20. Ord. No. 908-09. By Council Members Keane, Brady, Nays 0. By Council Members Conwell and Sweeney, Cummins, Santiago, Mitchell, In compliance with Section 33 of Sweeney (by departmental request). Zone, Cimperman, Cleveland, Polensek, the Charter, a copy of the legisla- An emergency ordinance authoriz- Westbrook, Brancatelli, Wilkes, Con- tion was furnished to each member ing the purchase by one or more well, Cloud, Kelley, Miller and Reed. of Council before final passage. contracts of one driving simulator An emergency ordinance to sup- and a modular classroom, including plement the Codified Ordinances of Ord. No. 901-09. appurtenances and training, and not By Council Members Zone and Cleveland, Ohio, 1976, by enacting to exceed ten police cruisers with Sweeney (by departmental request). new Section 171.391 relating to standard police vehicle equipment to An emergency ordinance authoriz- health care benefits for surviving implement the 2009 State Byrne ing the purchase by one or more spouse and dependents of employees Memorial Justice Assistance Grant requirement contracts of hauling killed in the line of duty. (JAG) “COPS for Cleveland”, for the and disposal of water treatment Approved by Directors of Person- Division of Police, Department of plant residuals, for the Division of nel and Human Resources, Finance, Public Safety. Water, Department of Public Utili- Law; Passage recommended by Com- Approved by Directors of Public ties, for a period of one year. mittees on Legislation, Finance; when Safety Finance, Law; Passage rec- Approved by Directors of Public amended as follows: ommended by Committees on Public 1. In Section 1, at new Section Utilities, Finance, Law; Passage rec- ommended by Committees on Public Safety, Finance. 171.391(a), line 5, strike “existing”. The rules were suspended. Yeas 2. In Section 1, at new Section Utilities, Finance. The rules were suspended. Yeas 20. Nays 0. Read second time. Read 171.391, insert new division (c) as third time in full. Passed. Yeas 20. follows: 20. Nays 0. Read second time. Read third time in full. Passed. Yeas 20. Nays 0. “(c) Eligible survivors who are Nays 0. entitled to the benefits must pay the Ord. No. 909-09. same contribution to the premium as Ord. No. 902-09. By Council Members Conwell and paid by the City employees.”. By Council Members Zone and Sweeney (by departmental request). 3. Insert new Section 2 to read as Sweeney (by departmental request). An emergency ordinance authoriz- follows: An emergency ordinance authoriz- ing the Director of Public Safety to “Section 2. That Section 171.391 of ing the Director of Public Utilities enter into one or more contracts the Codified Ordinances of Cleve- to participate in the Doan Brook with Roger Oviatt and Elsie Day to land, Ohio, 1976, shall take effect as Watershed Partnership; and to cause implement the 2009 Edward Byrne soon as legally permissible.”. payment for the City’s cost to par- Memorial Competitive Grant; and to 4. Renumber existing Section 2 to ticipate in and to implement the enter into one or more agreements new “Section 3.” objectives of the Partnership. with various agencies and entities Amendments agreed to. Approved by Directors of Public to implement the grant. The rules were suspended. Yeas Utilities, Finance, Law; Passage rec- Approved by Directors of Public 20. Nays 0. Read second time. Read ommended by Committees on Public Safety Finance, Law; Passage rec- third time in full. Passed. Yeas 20. Utilities, Finance. ommended by Committees on Public Nays 0. The rules were suspended. Yeas Safety, Finance. In compliance with Section 33 of 20. Nays 0. Read second time. Read The rules were suspended. Yeas the Charter, a copy of the legisla- third time in full. Passed. Yeas 20. 20. Nays 0. Read second time. Read tion was furnished to each member Nays 0. third time in full. Passed. Yeas 20. of Council before final passage. Nays 0. Ord. No. 906-09. Ord. No. 900-09. By Council Members Kelley, Cim- Ord. No. 910-09. By Council Members Zone and perman and Sweeney (by depart- By Council Members Zone, John- Sweeney (by departmental request). mental request). son and Sweeney (by departmental An emergency ordinance authoriz- An emergency ordinance deter- request). ing the purchase by one or more mining the method of making the An emergency ordinance authoriz- requirement contracts of labor and public improvement of constructing ing the Director of Parks, Recre- 1522 August 12, 2009 The City Record 57 ation and Properties to enter into Approved by Directors of Public and its associated property, located one or more contracts with McK- Safety Finance, Law; Passage rec- at 1501 North Marginal Road in the night Associates Ltd. for profession- ommended by Committees on Public Cleveland Area Enterprise Zone. al services necessary to design revi- Safety, Finance. Approved by Directors of Port sions to the Zone Recreation Center The rules were suspended. Yeas Control, Economic Development, Master Plan. 20. Nays 0. Read second time. Read City Planning Commission, Finance, Approved by Directors of Parks, third time in full. Passed. Yeas 20. Law; Passage recommended by Com- Recreation and Properties, Finance, Nays 0. mittees on Aviation and Trans- Law; Passage recommended by Com- portation, Community and Economic mittees on Public Parks, Property Ord. No. 924-09. Development, City Planning, Finance; and Recreation, Finance. By Council Members Cleveland, when amended as follows: The rules were suspended. Yeas Dow and Sweeney (by departmental 1. In the title, line 15, after “years;” 20. Nays 0. Read second time. Read request). insert “and”; and strike lines 17 third time in full. Passed. Yeas 20. An emergency ordinance to repeal through the end, and insert “entities Nays 0. Sections 227.01 through 227.25 and to implement the improvements.”. 227.99 of the Codified Ordinances of 2. Strike the 5th, 6th, 7th, 8th, 9th, Ord. No. 917-09. Cleveland, Ohio, 1976, as amended 10th, and 11th whereas clauses in By Council Members Conwell and and enacted by various ordinances; their entirety and insert: Sweeney (by departmental request). and to supplement the codified ordi- “Whereas, this ordinance consti- An emergency ordinance authoriz- nances by enacting new Sections tutes an emergency measure provid- ing the Director of Public Safety to 227.01 to 227.35 and 227.99 relating to ing for the usual daily operation of apply for and accept a grant from relating to day cares. a municipal department; now, there- the U.S. Department of Justice, Approved by Directors of Public fore,”. Bureau of Justice Assistance for the Health, Finance, Law; Passage rec- 3. Strike Sections 19, 20, 21, 22, 23, 2009 Gang Resistance Education and ommended by Committees on Health and 24 in their entirety and insert: Training Program. and Human Services, Legislation, “Section 19. That the Department Approved by Directors of Public Finance; when amended as follows: of Port Control shall develop a Safety Finance, Law; Passage rec- 1. In the title, line 7, strike “relat- memorial honoring General Ben- ommended by Committees on Public ing to relating to day” and insert jamin O. Davis at an appropriate Safety, Finance. “relating to day”. location to be determined by the The rules were suspended. Yeas 2. In Section 2, at new Section Department.”. 20. Nays 0. Read second time. Read 227.22(a), line 2, strike “Board of 4. Renumber existing Sections 25 third time in full. Passed. Yeas 20. Health” and insert “Department of and 26 to “Section 20” and “Section Nays 0. Public Health”. 21”. 3. In Section 2, at new Section Amendments agreed to. Ord. No. 918-09. 227.26, line 5, strike “of the child The rules were suspended. Yeas By Council Members Conwell and examined” and insert “of the child 20. Nays 0. Read second time. Read Sweeney (by departmental request). examined, including a recent blood third time in full. Passed. Yeas 20. An emergency ordinance authoriz- lead test for children under 6 years Nays 0. ing the Director of Public Safety to of age,”. In compliance with Section 33 of apply for and accept a grant from 4. In Section 2, at new Section the Charter, a copy of the legisla- the Ohio Attorney General for the 227.99(a), line 4, strike “one hundred tion was furnished to each member Special Ohio Drug Use Prevention dollars ($100.00)” and insert “three of Council before final passage. Grant. hundred dollars ($300.00)”. Approved by Directors of Public Amendments agreed to. Ord. No. 971-09. Safety Finance, Law; Passage rec- The rules were suspended. Yeas By Council Member Cimperman. ommended by Committees on Public 20. Nays 0. Read second time. Read An emergency ordinance autho- Safety, Finance. third time in full. Passed. Yeas 20. rizing the submission to the elec- The rules were suspended. Yeas Nays 0. tors of the City of Cleveland of a 20. Nays 0. Read second time. Read In compliance with Section 33 of proposal to amend Section 76 of the third time in full. Passed. Yeas 20. the Charter, a copy of the legisla- Charter of the City of Cleveland, Nays 0. tion was furnished to each member relating to the City Planning Com- of Council before final passage. mission. Ord. No. 919-09. Approved by Directors of City By Council Members Conwell and Ord. No. 964-09. Planning Commission, Law; Passage Sweeney (by departmental request). By Council Members Kelley, Bran- recommended by Committees on City An emergency ordinance authoriz- catelli, Cimperman and Sweeney (by Planning, Legislation. ing the Director of Public Safety to departmental request). The rules were suspended. Yeas apply for and accept a grant from An emergency ordinance deter- 20. Nays 0. Read second time. Read the U.S. Department of Justice for mining the method of making the third time in full. Passed. Yeas 20. the 2009 Paul Coverdell Forensic public improvements of renovating Nays 0. Science Improvement Grant. and rehabilitating Aviation High Approved by Directors of Public School and its associated property SECOND READING Safety Finance, Law; Passage rec- and constructing a temporary con- ORDINANCES PASSED ommended by Committees on Public solidated maintenance facility at Safety, Finance. Burke Lakefront Airport; authoriz- Ord. No. 667-09. The rules were suspended. Yeas ing the Director of Port Control to By Council Member Pruitt. 20. Nays 0. Read second time. Read enter into one or more contracts for An ordinance to change the zon- third time in full. Passed. Yeas 20. the making of the improvements; to ing of lands on the north side of Nays 0. employ one or more professional Miles Avenue at Judson Drive and consultants to design the improve- E. 146th Street from GR to LR (Map Ord. No. 923-09. ments and to enter into various writ- Change No. 2277, Sheet 10). By Council Members Conwell and ten standard purchase and require- Approved by Directors of City Sweeney (by departmental request). ment contracts; to lease Aviation Planning Commission, Law; Passage An emergency ordinance authoriz- High School and its associated prop- recommended by Committee on City ing the Director of Public Safety to erty to MCPc, Inc., dba MCPc Com- Planning. enter into one or more contracts puter Products, for a term of fifteen The rules were suspended. Yeas with various agencies, entities, or years; to apply for and accept 20. Nays 0. Read second time. Read individuals needed to implement the grants from any public or private third time in full. Passed. Yeas 20. 2009 State Byrne Memorial Justice entities to implement the improve- Nays 0. Assistance Grant; authorizing the ments; and authorizing the Director Director to enter into one or more of Economic Development to enter Ord. No. 668-09. contracts with Adcom Communica- into an Enterprise Zone Agreement By Council Member Pruitt. tions for marketing, education, and with MCPc to provide for a 15 year, An ordinance to change the zon- awareness services; and authorizing 68.25% tax abatement for certain ing of lands on the east side of Lee the purchase or lease of television tangible real property improvements Road south of Kollin Avenue from and radio advertising time and other as an incentive to renovate and 1F-A1 to LR-C1 (Map Change No. media. rehabilitate Aviation High School 2278, Sheet 10). 1523 58 The City Record August 12, 2009

Approved by Directors of City THE CALENDAR based on its proposal dated June 5, Planning Commission, Law; Passage 2009, which contract shall be pre- recommended by Committee on City pared by the Director of Law, shall Planning. The following measure will be on provide for the furnishing of pro- The rules were suspended. Yeas its final passage at the next meet- fessional services as described in 20. Nays 0. Read second time. Read ing: third time in full. Passed. Yeas 20. the proposal for an aggregate fee Nays 0. not exceeding $700,000.00, and shall NONE contain such additional provisions Ord. No. 972-09. as the Director of Law deems nec- By Council Member Cimperman. essary to protect and benefit the An ordinance changing the Use BOARD OF CONTROL public interest. District of lands on the south side of Yeas: Director Dumas, Acting Clark Avenue between the intersec- Director Withers, Directors Smith, tions of W. 13th Street and an Un- Wasik, Carroll, Flask, Cox, Rush, named Alley to a Local Retail Busi- August 5, 2009 ness District and a Two Family Res- Hutchinson, Fumich, Interim Direc- idential District and a ‘B’ Area Dis- tor Feliciano and Director Rybka. trict as indicated on the map (Map The regular meeting of the Board Nays: None. Change No. 2283, Sheet No. 5). of Control convened in the Mayor’s Absent: Mayor Jackson, Director Approved by Directors of City office on Wednesday, August 5, 2009, Triozzi and Acting Director Thorn- Planning Commission, Law; Passage at 10:54 a.m. with Director Dumas ton. recommended by Committee on City presiding. Planning; when amended as follows: Present: Director Dumas, Acting Resolution No. 313-09. 1. In the title, line 8, strike “Sheet Director Withers, Directors Smith, By Interim Director Withers. No. 5” and insert “Sheet Nos. 5 & 6”. Wasik, Carroll, Flask, Cox, Rush, 2. In Section 1, line 10, after “pro- Be it resolved by the Board of longation” insert “of the centerline Hutchinson, Acting Director Thorn- Control of the City of Cleveland that of”; in line 11, strike “easterly pro- ton, Director Fumich, Interim Direc- under the authority of Ordinance No. longation” and insert “westerly pro- tor Feliciano and Director Rybka. 1657-08, passed by the Council of the longation and along its easterly pro- Absent: Mayor Jackson and Direc- City of Cleveland on December 8, longation”; and in line 14 and 15, tor Triozzi. 2008, Woolpert, Inc. is selected from strike “West 12th Street” in both Others: Jim Hardy, Commissioner, a list of firms determined after a places and insert “West 11th Street”. Purchases and Supplies. full and complete canvass by the 3. In Section 2, line 8, after Natoya Walker, Acting Director, Director of Public Utilities as the “Unnamed Alley to” insert “its”; and in line 15, strike “Local Retail Busi- Office of Equal Opportunity. firm to be employed by contract to ness District” and insert “Two Fam- On motions, the following resolu- provide GIS Consulting Services that ily Residential District”. tions were adopted, except as may will supplement the regularly em- 4. In Section 3, line 2, strike “Sheet be otherwise noted: ployed staff of multiple sections No. 5” and insert “Sheet Nos. 5 & 6”. within CWD in order to provide pro- Amendments agreed to. Resolution No. 311-09. ject management, computer pro- The rules were suspended. Yeas By Director Dumas. gramming and support, and a vari- 20. Nays 0. Read second time. Read Resolved by the Board of Control ety of other information technology third time in full. Passed. Yeas 20. of the City of Cleveland, that under services on an as-needed basis to Nays 0. In compliance with Section 33 of Section 101 of the Charter, Section implement improvements to the Geo- the Charter, a copy of the legisla- 181.19 of the Codified Ordinances of graphic Information System (GIS), tion was furnished to each member Cleveland, Ohio, 1976, and Resolu- for a term not exceeding two years, of Council before final passage. tion No. 921-52, adopted by the Board for the Division of Water, Depart- of Control on November 26, 1952, the ment of Public Utilities. SECOND READING EMERGENCY report of the Commissioner of Pur- Be it further resolved that the RESOLUTION ADOPTED chases and Supplies for the sale of Director of Public Utilities is autho- scrap, personal property, and by- rized to enter into a contract with Res. No. 862-09. products during the month of July, By Council Members Brady, Cim- Woolpert, Inc. based upon its pro- perman and Sweeney (by request). 2009 in the amount of $13,019.53, posal dated, May 22, 2009, which con- An emergency resolution declaring attached and made a part of this tract shall be prepared by the Direc- the intent to vacate a portion of East resolution, is received, approved and tor of Law, shall provide for fur- 23rd Street, East 25th Street, East ordered filed. nishing of professional services 25th Place and Payne Court N.E. Yeas: Director Dumas, Acting described in the proposal, in an Approved by Directors of Public Director Withers, Directors Smith, amount not to exceed $350,000.00, Service, City Planning Commission, Wasik, Carroll, Flask, Cox, Rush, and shall contain such additional Finance, Law; Adoption recommend- Hutchinson, Fumich, Interim Direc- provisions as the Director of Law ed by Committees on Public Service, tor Feliciano and Director Rybka. City Planning, Finance. deems necessary to protect and ben- The rules were suspended. Yeas Nays: None. efit the public interest. 20. Nays 0. Read second time. Read Absent: Mayor Jackson, Director Be it further resolved that the third time in full. Adopted. Yeas 20. Triozzi and Acting Director Thorn- employment of the following sub- Nays 0. ton. contractors by Woolpert, Inc. for the MOTION above-mentioned professional ser- Resolution No. 312-09. vices is approved: By Council Member Miller, sec- By Director Dumas. onded by Council Member Cloud and Be it resolved by the Board of SUBCONTRACTOR WORK unanimously carried that the ab- Control of the City of Cleveland PERCENTAGE sence of Council Member Brian Cum- that under the authority of Section mins, be and is hereby authorized. 127.11, Codified Ordinances of Moss-Card Consulting MOTION Cleveland, Ohio, 1976, Modis, Inc. is (CSB/MBE/FBE) $45,500.00 selected from a list of firms deter- 13.00% The Council Meeting adjourned at mined after a full and complete 7:30 p.m. to meet on Monday, Sep- canvass by the Director of Finance Security Micro tember 14, 2009, at 7:00 p.m. in the as the firm to be employed by con- Imaging Corp. $33,000.00 Council Chambers. tract to supplement the regularly 9.43% employed staff of several depart- ments of the City of Cleveland to Yeas: Director Dumas, Acting perform the professional services Director Withers, Directors Smith, necessary to maintain and support Wasik, Carroll, Cox, Rush, Hutchin- CCA’s MITIS computer system, for son, Acting Director Thornton, the Division of Taxation, Depart- Director Fumich, Interim Director ment of Finance. Feliciano and Director Rybka. Be it further resolved that the Nays: None. Patricia J. Britt Director of Finance is authorized to Absent: Mayor Jackson, Directors City Clerk, Clerk of Council enter into contract with Modis, Inc., Triozzi and Flask. 1524 August 12, 2009 The City Record 59

Resolution No. 314-09. fix the compensation paid to Con- CAD Concepts, Inc. By Interim Director Withers. sultant at an amount not to exceed (CSB/F) $ 75,000.00 Be it resolved by the Board of $250,000.00; and 2.50% Control of the City of Cleveland Whereas, the total compensation that under the authority of Ordi- to be paid to Consultant under Con- Stephen Hovancsek & nance No. 480-09, passed by the tract No. 67975 has been exhausted Associates, Inc. (CSB) $100,000.00 Council of the City of Cleveland on and the Division of Cleveland Pub- 3.33% June 1, 2009, Stearns/Conrad and lic Power requires continued feasi- Schmidt Consulting Engineers, Inc. bility assessment reporting; and Laramore Douglass is selected from a list of firms Whereas, the City desires to have and Popham $150,000.00 determined after a full and com- Consultant perform continued feasi- 5.00% plete canvass by the Director of bility assessment reporting and to Public Utilities as the firm to be increase the total compensation paid Siemens Power employed by contract to supple- under City Contract No. 67975 for Technologies ment the regularly employed staff feasibility assessment reporting; International $100,000.00 of Public Utilities Department of now, therefore, 3.33% the City of Cleveland to perform Be it resolved by the Board of the professional services necessary Control of the City of Cleveland Yeas: Director Dumas, Acting Direc- to plan and design the facility, that the Director of Public Utilities tor Withers, Directors Smith, Wasik, apply for necessary permits, licens- is authorized to enter into a second Carroll, Cox, Rush, Hutchinson, Act- es, or authorizations and perform modification to Contract No. 67975 ing Director Thornton, Director other related assessments and stud- with RNR Consulting to increase Fumich, Interim Director Feliciano ies, including but not limited to the total compensation paid under and Director Rybka. performing a study to determine the agreement from $250,000.00 to Nays: None. the composition of Cleveland’s $280,375.00 and receive continued Absent: Mayor Jackson, Directors municipal waste and its suitability services under the agreement. The Triozzi and Flask. for the project, for the Division of second modification shall be pre- Cleveland Public Power, Depart- pared by the Director of Law and Resolution No. 317-09. ment of Public Utilities. shall include such additional pro- By Director Smith. Be it further resolved that the visions as that Director deems nec- Be it resolved by the Board of Director of Public Utilities is autho- essary to benefit and protect the Control of the City of Cleveland that rized to enter into contract with public interest. the employment of the following Sterns, Conrad and Schmidt Con- Be it further resolved by the subcontractor by KS Associates, sulting Engineers, Inc., based on its Board of Control of the City of Inc., under City Contract No. 69009 proposal dated July 16, 2009, which Cleveland that the employment of to provide professional services nec- contract shall be prepared by the the following sub-consultants for the essary to provide drawings of the Director of Law, shall provide for listed additional dollar amounts for existing and proposed airfield sig- nage, lighting, and marking plans, the furnishing of professional ser- services under the second modifica- vices as described in the proposal as required for certification of tion authorized above is approved: for an aggregate fee of $58,361.00, Cleveland Hopkins International Air- and shall contain such additional port by the Federal Aviation Admin- SUB-CONSULTANTS WORK provisions as the Director of Law istration and to update drawings as PERCENTAGE deems necessary to protect and ben- required for the Department of Port efit the public interest. Control, authorized by Ordinance No. DLZ Ohio Inc. Be it further resolved that the 1239-07, passed September 24, 2007, (CSB/M) $3,455.25 employment of the following sub- and Board of Control Resolution No. 11.38% consultant is approved: 561-08, adopted November 26, 2008, is approved. Cloud & Associates, SUB-CONSULTANT AMOUNT LLC. (CSB/F) $241.75 PERCENTAGE Subcontractor CSB/MBE/FBE % 0.80% Amount Quick Employment LLC (CSB) $10,560.00 Yeas: Director Dumas, Acting Direc- URS Corporation 27.28% - Non 18.09% tor Withers, Directors Smith, Wasik, CSB/MBE/FBE Carroll, Cox, Rush, Hutchinson, Act- $9,987.00 Yeas: Director Dumas, Acting Direc- ing Director Thornton, Director tor Withers, Directors Smith, Wasik, Fumich, Interim Director Feliciano Yeas: Director Dumas, Acting Carroll, Cox, Rush, Hutchinson, Act- and Director Rybka. Director Withers, Directors Smith, ing Director Thornton, Director Nays: None. Wasik, Carroll, Flask, Cox, Rush, Fumich, Interim Director Feliciano Absent: Mayor Jackson, Directors Hutchinson, Fumich, Interim Direc- and Director Rybka. Triozzi and Flask. tor Feliciano and Director Rybka. Nays: None. Nays: None. Absent: Mayor Jackson, Directors Resolution No. 316-09. Absent: Mayor Jackson, Director Triozzi and Flask. By Interim Director Withers. Triozzi and Acting Director Thorn- Be it resolved by the Board of ton. Resolution No. 315-09. Control of the City of Cleveland that By Interim Director Withers. the employment of the following Resolution No. 318-09. Whereas, under the authority of sub-consultants by Middough Inc. By Director Wasik. Ordinance No. 1924-07, passed by the under City Contract No. 69215 for Be it resolved by the Board of Council of the City of Cleveland on professional services necessary to Control of the City of Cleveland January 28, 2008, and Resolution No. perform professional engineering that under the authority of Ordi- 188-08, adopted by this Board of Con- services, on an as-needed basis, for nance No. 454-09, passed by the trol on April 23, 2008, the City a period of two years for the Divi- Council of the City of Cleveland on through its Director of Public Utili- sion of Cleveland Public Power, May 11, 2009, PSI (Professional Ser- ties, entered into Contract No. 67975 Department of Public Utilities, vice Industries, Inc.) is selected with RNR Consulting (“Consul- under authority of Ordinance No. from a list of firms determined tant”), to provide a technical and 1656-08, passed by the Council of the after a full and complete canvass financial feasibility study to ana- City of Cleveland on December 8, by the Director of Public Service as lyze the proposed construction of a 2008, and Board of Control Resolu- the firm to be employed by contract waste-to-energy facility at the Ridge tion No. 163-09 adopted May 13, 2009, to supplement the regularly em- Road Transfer Station, for the Divi- is approved. ployed staff of several departments sion of Cleveland Public Power, of the City in order to perform Department of Public Utilities, for SUB-CONSULTANTS WORK geotechnical and environmental an amount not to exceed $250,000.00; PERCENTAGE engineering services and testing and and consulting services necessary Whereas, Ordinance No. 1924-07 Polytech, Inc.(CSB/M) $425,000.00 for public improvement projects in authorizes this Board of Control to 14.17% the City of Cleveland. 1525 60 The City Record August 12, 2009

Be it further resolved that the by the Director of Law and shall 114' parcel in a Two-Family Dis- Director of Public Services is autho- contain such other provisions as the trict for parking and storage of rized to enter into a written contract Director of Law deems necessary to automobiles, where a main resi- with PSI (Professional Service In- protect and benefit the public inter- dential structure has been removed; dustries, Inc.) based upon their pro- est. the proposed use nonconforming to posal dated April 23, 2009 for a two Be it further resolved that the Section 337.03(a) and not permitted year period at a cost not to exceed employment of the following sub- as a main use of premises in a res- $400,000. The agreement shall be consultants by Studio Graphique, idential district, according to the prepared by the Director of Law and Inc. for the above authorized con- Cleveland Codified Ordinances. shall contain such other provisions, tract is approved: as Director of Law deems necessary Calendar No. 09-154: 11001 Union to protect and benefit the public Bernard R. Doyle, Inc. Avenue (Ward 3) interest. dba Fast Signs (CSB/FBE) Richard C. Morvilius, Jr., dba Be it further resolved that the $10,800.00 — (13.89%) Cleveland Plumbing and Supply, employment of the following sub- owner, appeals to install 96 linear consultants by PSI (Professional Wagner Electric Sign Co. (other) feet of 10 foot tall steel panel Service Industries, Inc.) for the $36,000.00 fence on the northeast portion of services authorized above is ap- a corner parcel in a Semi-Industry proved: Yeas: Director Dumas, Acting District, contrary to the limita- Director Withers, Directors Smith, tions of Cleveland Codified Ordi- Polytech, Inc. (CSB/MBE) Wasik, Carroll, Cox, Rush, Hutchin- nance 358.05(a)(1), a fence in the 55 Public Square, Suite 510 son, Acting Director Thornton, rear and interior side yards of a Cleveland, Ohio 44114 Director Fumich, Interim Director Semi-Industry District may not ex- $66,800.00 — (22.74%) Feliciano and Director Rybka. ceed a height of 6 feet. Nays: None. Parsons Brinkerhoff, Inc. Absent: Mayor Jackson, Directors Calendar No. 09-155: 3232 Lakeside 614 W. Superior Avenue, Suite 400 Triozzi and Flask. Avenue (Ward 13) Cleveland, Ohio 44113 Charles Fleck, owner, and Theo- $50,000.00 JEFFREY B. MARKS, dore Talliere, agent, appeal to ex- Secretary pand occupancy from 135 to 200 and KS Associates to add entertainment use to an 260 Bums Rd., Suite 100 existing tavern/restaurant on a Elyria, Ohio 44035 CIVIL SERVICE NOTICES 130.66' x 107.67' parcel in a Gen- ______eral Industry District; contrary to Lawhon Associates (FBE) Section 349.04(c) no accessory off- 13110 Enterprise Ave., Suite 2 General Information street parking is provided and Cleveland, Ohio 44135 Application blanks and informa- accessory off-street parking equal $25,000.00 — (8.51%) tion, regarding minimum entrance to three times the gross floor area qualifications, scope of examination, is required; and the substitu- O.R. Colan and suggested reference materials tion/expansion of an existing non- 22710 Fairview Ctr. Dr. may be obtained at the office of the conforming use requires the Board Fairview Park, Ohio 44126 Civil Service Commission, Room 119, of Zoning Appeals approval in $11,975.00 City Hall, East 6th Street, and Lake- accordance with Section 359.01 in side Avenue. the Cleveland Codified Ordinances. Yeas: Director Dumas. Acting Director Withers, Directors Smith, Application blanks must be prop- Calendar No. 09-156: 5002 Fleet Ave- Wasik, Carroll, Cox, Rush, Hutchin- erly filled out on the official form nue (Ward 12) son, Acting Director Thornton, prescribed by the Civil Service Com- Al Zaleski appeals under the Director Fumich, Interim Director mission and filed at the office of the authority of Section 76-6 of the Feliciano and Director Rybka. commission not later than the final Charter of the City of Cleveland Nays: None. closing date slated in the examina- from a disapproved application for Absent: Mayor Jackson and Direc- tion announcement. tors Triozzi and Flask. a Second Hand Dealer’s License by the City of Cleveland Depart- EXAMINATION RESULTS: Each Resolution No. 319-09. ment of Public Safety as stated in applicant whether passing or failing the notice dated July 14, 2009 from By Director Wasik. will be notified of the results of the the Division of Assessments and Be it resolved by the Board of examination as soon as the commis- Licenses. Control of the City of Cleveland that sion has graded the papers. There- pursuant to the authority of Ordi- after, eligible lists will be estab- Calendar No. 09-158: 1821 West 48th nance No. 701-05, passed by the lished which will consist of the Street (Ward 17) Council of the City of Cleveland on names of those candidates who have Bernard Reyes, owner, appeals to June 6, 2005, Studio Graphique, Inc. been successful in all parts of the install 50 lineal feet of 6 foot tall is selected upon the nomination of examination. the Director of Public Service from fence on a 60' x 126' parcel in a a list of qualified engineering con- PHYSICAL EXAMINATION: All Two-Family District, contrary to sultants or firms of such consultants candidates for original entrance po- the Fence Regulations a distance determined to be available after a sitions who are successful in other of 2 feet is provided and no fence full and complete canvass by the parts of the examinations must sub- shall be higher than its distance Director of Public Service as the mit to a physical examination. from a residence building on an firm to be employed by contract to adjoining lot or future residence on supplement the regularly employed REYNALDO GALINDO, such lot, as stated in Section staff of the several departments of President 358.04(a) of the Cleveland Codified the City to obtain the engineering Ordinances. services necessary for the Gordon Square Signing and Wayfinding Sig- SCHEDULE OF THE BOARD 10:30 A.M. nage System. OF ZONING APPEALS Be it further resolved that the Calendar No. 09-106: 3914 John Ave- Director of Public Service is autho- nue (Ward 13) rized to enter into a written contract MONDAY, AUGUST 24, 2009 The City of Cleveland Depart- with Studio Graphique, Inc. based on ment of Building and Housing ap- its proposal dated June 19, 2009, as 9:30 A.M. peals under the authority of Sec- amended by its revised cost propos- tion 76-6 of the Charter of the City al dated July 13, 2009, provided that Calendar No. 09-150: 1808 West 57th of Cleveland and Section 161.05 of the compensation to be paid shall Street (Ward 17) the Codified Ordinances from a rul- not exceed $72,000.00. The agreement James Littles, owner, appeals to ing of the Cleveland Landmarks authorized hereby shall be prepared use an existing garage on a 40' x Commission on May 14, 2009 to dis- 1526 August 12, 2009 The City Record 61 approve a Certificate of Appropri- The following appeals were Post- 187.10 Negotiated contracts; Notice ateness for the demolition and re- poned: required in Advertisement for Bids. moval of a house on the property Where invitations for bids are at 3914 John Avenue. (Filed 6-2-09; Calendar No. 09-140: 12805 Shaker advertised, the following notice testimony taken 6-15-09; motion for Boulevard postponed to August shall be included in the advertise- rehearing filed 6-22-09; motion 31, 2009. ment: “Pursuant to the MBE/FBE approved 7-13-09) Code, each prime bidder, each minor- Calendar No. 09-142: 1378 West 114th ity business enterprise (“MBE”) and Secretary Street postponed to August 31, each female business enterprise 2009. (“FBE”) must be certified before doing business with the City. There- REPORT OF THE BOARD The following appeal heard by the fore, any prime contractor wishing OF ZONING APPEALS Board on August 3, 2009 was adopt- to receive credit for using an MBE ed and approved on August 10, 2009. or FBE should ensure that applica- tions for certification as to MBE or The following appeal was Ap- FBE status compliance with the MONDAY, AUGUST 10, 2009 proved: Code, affirmative action in employ- ment and, if applicable, joint ven- At the meeting of the Board of Calendar No. 09-134: 3414 East 137th ture status, are submitted to the Of- Zoning Appeals on Monday, August Street fice of Equal Opportunity (“OEO”) 10, 2009, the following appeals were Nadine Davis appealed to install a prior to the date of bid opening or heard by the Board. 46 linear foot wheelchair ramp in submission of proposals or as speci- the front yard of a 35' x 137' par- fied by the Director. Failure to com- The following appeals were Ap- cel in a One-Family District. ply with the business enterprise proved: code or with representations made The following appeal heard by the on these forms may result in can- Calendar No. 09-139: 4615 Brooklyn Board on June 1, 2009 was adopted cellation of the contract or other Avenue and approved on August 10, 2009. civil or criminal penalties.” Tim McNamara appealed to install a 6 foot tall wood privacy fence The following appeal was Ap- THURSDAY, AUGUST 27, 2009 along the interior side yard in a proved: Two Family District. File No. 151-09 — Light Fixture Calendar No. 09-84: 1101 Center Rehabilitation at Bridge No. 1:045M Calendar No. 09-145: 5300 Lakeside Street the West 3rd Lift Bridge over the Avenue Old River Road Cleveland LLC Cuyahoga River for the Division of Concord Commerce One LLC, appealed to construct a 9,676 square Engineering and Construction, De- owner, and Interstate McBee, lessee, foot restaurant, night club, adult partment of Public Service as appealed to expand a parking lot in cabaret in a General Industry Dis- authorized by Ordinance No. 455-09, a General Industry District. trict; subject to condition. passed by the Council of the City of Cleveland, June 19, 2009. Calendar No. 09-91: 4844 Broadview Secretary THERE WILL BE A REFUNDABLE Road FEE FOR PLANS/SPECIFICA- Fred Tadrous, owner, and George TIONS IN THE AMOUNT OF Hasrouni, tenant, appealed to ex- REPORT OF THE BOARD FIFTY DOLLARS ($50.00) IN THE pand an auto repair shop to include OF BUILDING STANDARDS FORM OF A CASHIER’S CHECK tire sales in a Local Retail Business AND/OR MONEY ORDER. (NO District; subject to condition. AND BUILDING APPEALS COMPANY CHECKS, NO CASH AND NO CREDIT CARDS WILL Calendar No. 09-100: 2330 Broadview BE ACCEPTED). Road NO MEETING THERE WILL BE A NON-MAN- Fred Manson appealed to establish DATORY PRE-BID MEETING an outdoor sales/flea market in a THURSDAY, AUGUST 13, 2009 AT parking lot in a Local Retail busi- PUBLIC NOTICE 10:00 A.M., THE CLEVELAND ness District; subject to conditions. CITY HALL, ROOM 518, CLEVE- LAND, OHIO 44114. Calendar No. 09-116: 5902 Storer NONE Avenue August 5, 2009 and August 12, 2009 MSM Family Investment appealed to change use of an existing build- NOTICE OF PUBLIC HEARING ing from one to a two family ______ADOPTED RESOLUTIONS dwelling in a General Retail Busi- AND ORDINANCES ness District; subject to conditions. NONE

The following appeal was Denied: Res. No. 862-09. CITY OF CLEVELAND BIDS By Council Members Cleveland, Calendar No. 09-137: 3048 St. Clair Brady, Cimperman and Sweeney (by Avenue request). Guo Zhang-Tang and Fang Liang For All Departments An emergency resolution declar- appealed to expand from use as a ing the intent to vacate a portion of restaurant to a club with live enter- Sealed bids will be received at the East 23rd Street, East 25th Street, tainment and dancing in a one-story office of the Commissioner of Pur- East 25th Place and Payne Court building in a Semi-Industry District. chases and Supplies, Room 128, City N.E. Hall, in accordance with the append- Whereas, this Council is satisfied The following appeal was With- ed schedule, and will be opened and that there is good cause to vacate a drawn: read in Room 128, City Hall, imme- portion of East 23rd Street, East diately thereafter. 25th Street, East 25th Place and Calendar No. 09-141: 5840 Memphis Each bid must be made in accor- Payne Court N.E., as described; and Avenue dance with the specifications and Whereas, this resolution consti- Taco Bell of America appealed to must be submitted on the blanks tutes an emergency measure provid- conduct retail sales after 11:00 P.M. supplied for the purpose, all of ing for the usual daily operation of from a drive through establishment which may be obtained at the office a municipal department; now, there- on a corner parcel in a Local Retail of the said Commissioner of Pur- fore, Business District. chases and Supplies, but no bid will Be it resolved by the Council of be considered unless delivered to the City of Cleveland: The following appeals were Dis- the office of the said commissioner Section 1. That this Council de- missed: previous to 12:00 noon (Eastern clares its intent to vacate a portion Standard Time) on the date speci- of the following described real prop- None fied in the schedule. erty: 1527 62 The City Record August 12, 2009

Situated in the City of Cleveland, and West 90th Street from Clark Whereas, pursuant to Section County of Cuyahoga, State of Ohio Avenue to Denison Avenue by relay- 4303.271 of the Revised Code, the leg- and part of original 10 acre lots 79 ing and repairing sidewalks, drive- islative authority of a municipal cor- thru 84; way aprons, and curbs (including poration may object to the renewal adjustments of castings and land- of a permit based upon legal grounds East 23rd Street scaping, if necessary) encroaching as set forth in division (A) of Re- All that portion of East 23rd upon the public right-of-ways or oth- vised Code Section 4303.292; and Street (60 feet wide) extending erwise improving the right-of-ways; Whereas, the applicant is unfit to southerly from the south right of and continue to engage in the liquor per- way line of Payne Avenue N.E. (80 Whereas, under the above resolu- mit business in that he has operat- feet wide) to the north right of way tion the estimated assessments for ed his liquor permit business in a line of Chester Avenue N.E. (86 feet the improvement have been prepared manner that demonstrates a disre- wide). and placed on file in the office of the gard for the laws, regulations or Clerk of this Council; and local ordinances of the state, and East 25th Street Whereas, notice of the passage of that this objection is based on other All that portion of East 25th the resolution, as amended, and of legal grounds as set forth in Street (60 feet wide) extending the filing of the estimated assess- Revised Code Section 4303.292; and southerly from the south right of ments have been duly served on all Whereas, this resolution consti- way line of Payne Avenue N.E. (80 property owners to be assessed in tutes an emergency measure provid- feet wide) to its terminus with the the manner provided by law; and ing for the immediate preservation vacated portion of East 25th Street Whereas, written objection to the of the public peace, prosperity, safe- (60 feet wide) as shown in volume estimated assessments may be filed ty and welfare pursuant to Section 247 page 41 of Cuyahoga County by one or more property owners; and 4303.271 of the Ohio Revised Code, Records. Whereas, this resolution consti- objections to renewal of liquor per- tutes an emergency measure provid- mits shall be made no later than East 25th Place ing for the usual daily operation of thirty days prior to the expiration All that remaining portion of East a municipal department; now, there- date of the permit; now, therefore, 25th Place (14 feet wide) extending fore, Be it resolved by the Council of southerly from the southerly portion Be it resolved by the Council of the City of Cleveland: of East 25th Place (14 feet wide) as the City of Cleveland: Section 1. That Council does here- vacated in City of Cleveland Ordi- Section 1. That David J. Tarditi, by record its objection to the renew- nance 862-06, Passed June 12, 2006 to John Moss, and Brian L. Bruzda, al of a D5 and D6 Liquor Permit, its terminus with the vacated por- three disinterested freeholders of Permit No. 0698843 owned by Big tion of East 25th Place (14 feet the City, are appointed as an assess- Bob’s, Inc., DBA Billy C’s, 13525 wide) as shown in volume 247 page ment equalization board, and Carol Lakewood Heights Boulevard, Cleve- 41 of Cuyahoga County Records. A. Boddy, a disinterested freeholder, land, Ohio 44107 and requests the is appointed an alternate member, to Director of Liquor Control to set a Payne Court N.E. hear and determine all written hearing for said application in ac- All that remaining portion of objections filed under the law to the cordance with provisions of Section Payne Court N.E. (14 feet wide) estimated assessments heretofore 4303.271 of the Revised Code of Ohio. extending easterly from the west filed with the Clerk of this Council Section 2. That the Clerk of Coun- right of way line of East 21st Street under Resolution No. 87-09, adopted cil be and she is hereby directed to (66 feet wide) to the west limited March 9, 2009, of this Council. transmit two certified copies of this access line of the InnerBelt Free- Section 2. That the assessment resolution, together with two copies way. equalization board shall meet at 9:00 of a letter of objection and two copies Legal Description approved by a.m. on Tuesday, August 18, 2009, at of a letter requesting that the hear- Greg Esber, Section Chief, Plats, Cleveland City Hall, 601 Lakeside ing be held in Cleveland, Cuyahoga Surveys and House Numbering Sec- Avenue, Room 518, for the purposes County, and a statement by the Direc- tion. mentioned above, and on completion tor of Law that, in the Director’s opin- Section 2. That this resolution is of the hearing and any adjourn- ion, that the objection is based upon declared to be an emergency mea- ments, shall report its recommenda- substantial legal grounds within the sure and, provided it receives the tions, including any changes which meaning and intent of division (A) of affirmative vote of two-thirds of all should be made in the estimated Section 4303.292 of the Revised Code the members elected to Council, it assessments, to this Council. to the Director of Liquor Control. shall take effect and be in force Section 3. That the Clerk of Coun- Section 3. That this resolution is immediately upon its adoption and cil is authorized and directed to hereby declared to be an emergency approval by the Mayor; otherwise it notify, by certified mail, each per- measure and, provided it receives shall take effect and be in force son who has filed timely written the affirmative vote of two-thirds of from and after the earliest period objection to the estimated assess- all the members elected to Council, allowed by law. ments of the time and place of the it shall take effect and be in force Adopted August 5, 2009. hearing of the assessment equaliza- immediately upon its adoption and Awaiting the approval or disap- tion board. approval by the Mayor; otherwise, it proval of the Mayor. Section 4. That this resolution is shall take effect and be in force declared to be an emergency mea- from and after the earliest period sure and, provided it receives the allowed by law. affirmative vote of two-thirds of all Adopted August 5, 2009. Res. No. 1074-09. the members elected to Council, it Awaiting the approval or disap- By Council Members Brady and shall take effect and be in force proval of the Mayor. Sweeney (by departmental request). immediately upon its adoption and An emergency resolution appoint- approval by the Mayor; otherwise it ing an assessment equalization shall take effect and be in force board to hear objections to estimat- from and after the earliest period Res. No. 1087-09. ed assessments with respect to im- allowed by law. By Council Member Brady. proving East 151st Street, Melville Adopted August 5, 2009. An emergency resolution with- Road, West 61st Street, West 64th Awaiting the approval or disap- drawing objection to the transfer of Street, and West 90th Streets, by proval of the Mayor. ownership of a C1 and C2 Liquor making specified improvements along Permit at 10202 Lorain Avenue, and the public right-of-way. repealing Resolution No. 929-09, Whereas, under Resolution No. 87- objecting to said transfer. 09, adopted March 9, 2009, this Coun- Res. No. 1086-09. Whereas, this Council objected to cil declared the necessity of improv- By Council Member Brady. the transfer of ownership of a C1 ing East 151st Street from Glendale An emergency resolution object- and C2 Liquor Permit to Conve- Avenue to Bartlett Avenue, Melville ing to the renewal of a D5 and D6 nience Management Services, Inc., Road from St. Clair Avenue to Not- Liquor Permit at 13525 Lakewood DBA BP #3620, Mart #4431, 10202 tingham Road, West 61st Street Heights Boulevard. Lorain Avenue, Cleveland, Ohio from Detroit Avenue to Herman Whereas, the uniform date for 44111, Permanent No. 17090950210, by Avenue, West 64th Street from De- renewal of liquor permits in the Resolution No. 929-09 adopted by the troit Avenue to Herman Avenue, State of Ohio is October 1st; and Council on July 1, 2009; and 1528 August 12, 2009 The City Record 63

Whereas, this Council wishes to Res. No. 1089-09. Whereas, pursuant to Section withdraw its objection to the above By Council Member Cimperman. 4303.271 of the Revised Code, the transfer and consents to said trans- An emergency resolution object- legislative authority of a municipal fer; and ing to the renewal of a D5 and D6 corporation may object to the renew- Whereas, this resolution consti- Liquor Permit at 2325 Elm Street. al of a permit based upon legal tutes an emergency measure provid- Whereas, the uniform date for grounds as set forth in division (A) ing for the usual daily operation of renewal of liquor permits in the of Revised Code Section 4303.292; and a municipal department; now, there- State of Ohio is October 1st; and Whereas, the applicant is unfit to fore, Whereas, pursuant to Section continue to engage in the liquor per- Be it resolved by the Council of 4303.271 of the Revised Code, the mit business in that he has operat- the City of Cleveland: legislative authority of a municipal ed his liquor permit business in a Section 1. That objection to a C1 corporation may object to the renew- manner that demonstrates a disre- and C2 Liquor Permit to Convenience al of a permit based upon legal gard for the laws, regulations or Management Services, Inc., DBA BP grounds as set forth in division (A) local ordinances of the state, and #3620, Mart #4431, 10202 Lorain Ave- of Revised Code Section 4303.292; that this objection is based on other nue, Cleveland, Ohio 44111, Permanent and legal grounds as set forth in Re- No. 17090950210, be and the same is Whereas, the applicant is unfit to vised Code Section 4303.292; and hereby withdrawn and Resolution continue to engage in the liquor per- No. 929-09, containing such objection, Whereas, this resolution consti- mit business in that he has operat- tutes an emergency measure provid- be and the same is hereby repealed ed his liquor permit business in a ing for the immediate preservation and that this Council consents to the manner that demonstrates a disre- of the public peace, prosperity, safe- immediate transfer thereof. gard for the laws, regulations or ty and welfare pursuant to Section Section 2. That this resolution is local ordinances of the state, and 4303.271 of the Ohio Revised Code, hereby declared to be an emergency that this objection is based on other objections to renewal of liquor per- measure and, provided it receives legal grounds as set forth in Re- mits shall be made no later than the affirmative vote of two-thirds of vised Code Section 4303.292; and all the members elected to Council, Whereas, this resolution consti- thirty days prior to the expiration it shall take effect and be in force tutes an emergency measure provid- date of the permit; now, therefore, immediately upon its adoption and ing for the immediate preservation Be it resolved by the Council of approval by the Mayor; otherwise, it of the public peace, prosperity, safe- the City of Cleveland: shall take effect and be in force ty and welfare pursuant to Section Section 1. That Council does here- from and after the earliest period 4303.271 of the Ohio Revised Code, by record its objection to the allowed by law. objections to renewal of liquor per- renewal of a D5 Liquor Permit, Per- Adopted August 5, 2009. mits shall be made no later than mit No. 7462760 owned by Rodeo Awaiting the approval or disap- thirty days prior to the expiration Bar & Grill, Inc., DBA Rodeo Bar proval of the Mayor. date of the permit; now, therefore, & Grill, 3146 West 14th Street, Be it resolved by the Council of Cleveland, Ohio 44109 and requests the City of Cleveland: the Director of Liquor Control to Section 1. That Council does here- set a hearing for said application Res. No. 1088-09. by record its objection to the renew- in accordance with provisions of By Council Member Brady. al of a D5 and D6 Liquor Permit, Section 4303.271 of the Revised An emergency resolution with- Permit No. 5870816 owned by Metrop- Code of Ohio. drawing objection to the transfer of olis Night Club, Inc., 2325 Elm Section 2. That the Clerk of Coun- ownership of a C1 Liquor Permit at Street, Cleveland, Ohio 44113, and cil be and she is hereby directed to 3065 West 117th Street, and repeal- requests the Director of Liquor Con- transmit two certified copies of ing Resolution No. 930-09, objecting trol to set a hearing for said appli- this resolution, together with two to said transfer. cation in accordance with provisions copies of a letter of objection and Whereas, this Council objected to of Section 4303.271 of the Revised the transfer of ownership of a C1 two copies of a letter requesting Code of Ohio. Liquor Permit to Convenience Man- that the hearing be held in Cleve- Section 2. That the Clerk of Coun- agement Services, Inc., DBA BP #3619, land, Cuyahoga County, and a cil be and she is hereby directed to 3065 West 117th Street, Cleveland, statement by the Director of Law transmit two certified copies of Ohio 44119, Permanent No. 17090950400, that, in the Director’s opinion, that this resolution, together with two by Resolution No. 930-09 adopted by the objection is based upon sub- copies of a letter of objection and the Council on July 1, 2009; and stantial legal grounds within the Whereas, this Council wishes to two copies of a letter requesting meaning and intent of division (A) withdraw its objection to the above that the hearing be held in Cleve- of Section 4303.292 of the Revised transfer and consents to said trans- land, Cuyahoga County, and a Code to the Director of Liquor Con- fer; and statement by the Director of Law trol. Whereas, this resolution consti- that, in the Director’s opinion, that Section 3. That this resolution is tutes an emergency measure provid- the objection is based upon sub- hereby declared to be an emergency ing for the usual daily operation of stantial legal grounds within the measure and provided it receives the a municipal department; now, there- meaning and intent of division (A) affirmative vote of two-thirds of all fore, of Section 4303.292 of the Revised the members elected to Council, it Code to the Director of Liquor Con- Be it resolved by the Council of shall take effect and be in force trol. the City of Cleveland: immediately upon its adoption and Section 3. That this resolution is Section 1. That objection to a C1 approval by the Mayor; otherwise, it hereby declared to be an emergency Liquor Permit to Convenience Manage- shall take effect and be in force measure and provided it receives the ment Services, Inc., DBA BP #3619, from and after the earliest period 3065 West 117th Street, Cleveland, Ohio affirmative vote of two-thirds of all the members elected to Council, it allowed by law. 44119, Permanent No. 17090950400, be Adopted August 5, 2009. and the same is hereby withdrawn shall take effect and be in force immediately upon its adoption and Awaiting the approval or disap- and Resolution No. 930-09, contain- proval of the Mayor. ing such objection, be and the same approval by the Mayor; otherwise, it is hereby repealed and that this shall take effect and be in force Council consents to the immediate from and after the earliest period transfer thereof. allowed by law. Res. No. 1091-09. Section 2. That this resolution is Adopted August 5, 2009. hereby declared to be an emergency Awaiting the approval or disap- By Council Member Cimperman. measure and provided it receives the proval of the Mayor. An emergency resolution object- affirmative vote of two-thirds of all ing to the renewal of a D1, D2, D3 the members elected to Council, it and D3A Liquor Permit at 2132 West shall take effect and be in force 25th Street, 1st floor. immediately upon its adoption and Res. No. 1090-09. Whereas, the uniform date for re- approval by the Mayor; otherwise, it By Council Member Cimperman. newal of liquor permits in the State shall take effect and be in force An emergency resolution object- of Ohio is October 1st; and from and after the earliest period ing to the renewal of a D5 Liquor Whereas, pursuant to Section allowed by law. Permit at 3146 West 14th Street. 4303.271 of the Revised Code, the Adopted August 5, 2009. Whereas, the uniform date for legislative authority of a municipal Awaiting the approval or disap- renewal of liquor permits in the corporation may object to the renew- proval of the Mayor. State of Ohio is October 1st; and al of a permit based upon legal 1529 64 The City Record August 12, 2009 grounds as set forth in division (A) Whereas, the applicant does not land, Ohio 44109, Permanent No. of Revised Code Section 4303.292; qualify to be a permit holder and/or 3486305, by Resolution No. 793-09 and has demonstrated that he has oper- adopted by the Council on June 1, Whereas, the applicant is unfit to ated his liquor business in disregard 2009; and continue to engage in the liquor per- of the laws, regulations or local Whereas, this Council wishes to mit business in that he has operat- ordinances of this state or any other withdraw its objection to the above ed his liquor permit business in a state; and transfer and consents to said trans- manner that demonstrates a disre- Whereas, the place for which the fer; and gard for the laws, regulations or permit is sought has not conformed Whereas, this resolution consti- local ordinances of the state, and to the building, safety or health tutes an emergency measure provid- that this objection is based on other requirements of the governing body ing for the usual daily operation of legal grounds as set forth in Re- of this County or City; and a municipal department; now, there- vised Code Section 4303.292; and Whereas, the place for which the fore, Whereas, this resolution consti- permit is sought is so arranged or Be it resolved by the Council of tutes an emergency measure pro- constructed that law enforcement the City of Cleveland: viding for the immediate preserva- officers or agents of the Department Section 1. That objection to a C1 tion of the public peace, prosperi- of Liquor Control are prevented rea- and C2 Liquor Permit to Kathy ty, safety and welfare pursuant to sonable access to the establishment; Miles, DBA Michael’s Deli & Bever- Section 4303.271 of the Ohio Re- and age, 2145 Broadview Road, Cleve- vised Code, objections to renewal Whereas, the place for which the land, Ohio 44109, Permanent No. of liquor permits shall be made no permit is sought is so located with 3486305, be and the same is hereby later than thirty days prior to the respect to the neighborhood that it withdrawn and Resolution No. 793- expiration date of the permit; now, substantially interferes with public 09, containing such objection, be and therefore, decency, sobriety, peace or good the same is hereby repealed and Be it resolved by the Council of order; and that this Council consents to the the City of Cleveland: Whereas, this objection is based on immediate transfer thereof. Section 1. That Council does here- other legal grounds as set forth in Section 2. That this resolution is by record its objection to the renew- Revised Code Section 4303.292; and hereby declared to be an emergency al of a D1, D2, D3 and D3A Liquor Whereas, this resolution consti- measure and provided it receives the Permit, Permit No. 9956778 owned by tutes an emergency measure provid- affirmative vote of two-thirds of all ZMDS Entertainment, Inc., DBA ing for the immediate preservation the members elected to Council, it Envy Lounge, 2132 West 25th Street, of the public peace, prosperity, safe- shall take effect and be in force 1st floor, Cleveland, Ohio 44113 and ty and welfare pursuant to Section immediately upon its adoption and requests the Director of Liquor Con- 4303.26 of the Ohio Revised Code. approval by the Mayor; otherwise, it trol to set a hearing for said appli- Council’s objection to said permit shall take effect and be in force cation in accordance with provisions must be received by the Director of from and after the earliest period of Section 4303.271 of the Revised Liquor Control within 30 days of allowed by law. Code of Ohio. notification; now, therefore, Adopted August 5, 2009. Section 2. That the Clerk of Coun- Be it resolved by the Council of Awaiting the approval or disap- cil be and she is hereby directed to the City of Cleveland: proval of the Mayor. transmit two certified copies of this Section 1. That Council does here- resolution, together with two copies by record its objection to a New C1 of a letter of objection and two Liquor Permit at Nancy Cotton, DBA copies of a letter requesting that the Mr. Lucky’s, 5474 Broadway Avenue, Res. No. 1094-09. hearing be held in Cleveland, Cuya- Cleveland, Ohio 44127, Permanent By Council Member Dow. hoga County, and a statement by the Number 1769654; and requests the An emergency resolution object- Director of Law that, in the Direc- Director of Liquor Control to set a ing to the renewal of a D1, D2, D3, tor’s opinion, that the objection is hearing for said application in accor- D3A and D6 Liquor Permit at 7017- based upon substantial legal grounds dance with provisions of Section 19 Superior Avenue, 1st and 2nd within the meaning and intent of 4303.26 of the Revised Code of Ohio. floors. division (A) of Section 4303.292 of Section 2. That the Clerk of Coun- Whereas, the uniform date for the Revised Code to the Director of cil be and she is hereby directed to renewal of liquor permits in the Liquor Control. transmit two certified copies of this State of Ohio is October 1st; and Section 3. That this resolution is resolution, together with two copies Whereas, pursuant to Section hereby declared to be an emergency of a letter of objection and two 4303.271 of the Revised Code, the measure and provided it receives the copies of a letter requesting that the legislative authority of a municipal affirmative vote of two-thirds of all hearing be held in Cleveland, Cuya- corporation may object to the renew- the members elected to Council, it hoga County. al of a permit based upon legal shall take effect and be in force Section 3. That this resolution is grounds as set forth in division (A) immediately upon its adoption and hereby declared to be an emergency of Revised Code Section 4303.292; approval by the Mayor; otherwise, it measure and provided it receives the and shall take effect and be in force affirmative vote of two-thirds of all Whereas, the applicant is unfit to from and after the earliest period the members elected to Council, it continue to engage in the liquor per- allowed by law. shall take effect and be in force mit business in that he has operat- Adopted August 5, 2009. immediately upon its adoption and ed his liquor permit business in a Awaiting the approval or disap- approval by the Mayor; otherwise, it manner that demonstrates a disre- proval of the Mayor. shall take effect and be in force gard for the laws, regulations or from and after the earliest period local ordinances of the state, and allowed by law. that this objection is based on other Adopted August 5, 2009. legal grounds as set forth in Re- Res. No. 1092-09. Awaiting the approval or disap- vised Code Section 4303.292; and By Council Member Cleveland. proval of the Mayor. Whereas, this resolution consti- An emergency resolution object- tutes an emergency measure provid- ing to a New C1 Liquor Permit at ing for the immediate preservation 5474 Broadway Avenue. of the public peace, prosperity, safe- Whereas, Council has been noti- Res. No. 1093-09. ty and welfare pursuant to Section fied by the Department of Liquor By Council Member Cummins. 4303.271 of the Ohio Revised Code, Control of an application for a New An emergency resolution with- objections to renewal of liquor per- C1 Liquor Permit at Nancy Cotton, drawing objection to the transfer of mits shall be made no later than DBA Mr. Lucky’s, 5474 Broadway ownership of C1 and C2 Liquor Per- thirty days prior to the expiration Avenue, Cleveland, Ohio 44127, Per- mit at 2145 Broadview Road and date of the permit; now, therefore, manent Number 1769654; and repealing Resolution No. 793-09, ob- Be it resolved by the Council of Whereas, the granting of this ap- jecting to said transfer the City of Cleveland: plication for a liquor permit to this Whereas, this Council objected to Section 1. That Council does here- high crime area, which is already the transfer of ownership of a C1 by record its objection to the renew- saturated with other liquor outlets, and C2 Liquor Permit to Kathy al of a D1, D2, D3, D3A and D6 is contrary to the best interests of Miles, DBA Michael’s Deli & Bever- Liquor Permit, Permit No. 7421261 the entire community; and age, 2145 Broadview Road, Cleve- owned by Robert Burton Enterpris- 1530 August 12, 2009 The City Record 65 es, Inc., 7017-19 Superior Avenue, 1st Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- and 2nd floors, Cleveland, Ohio cil be and she is hereby directed to hoga County, and a statement by the 44103, and requests the Director of transmit two certified copies of this Director of Law that, in the Direc- Liquor Control to set a hearing for resolution, together with two copies tor’s opinion, that the objection is said application in accordance with of a letter of objection and two based upon substantial legal grounds provisions of Section 4303.271 of the copies of a letter requesting that the within the meaning and intent of Revised Code of Ohio. hearing be held in Cleveland, Cuya- division (A) of Section 4303.292 of Section 2. That the Clerk of Coun- hoga County, and a statement by the the Revised Code to the Director of cil be and she is hereby directed to Director of Law that, in the Direc- Liquor Control. transmit two certified copies of this tor’s opinion, that the objection is Section 3. That this resolution is resolution, together with two copies based upon substantial legal grounds hereby declared to be an emergency of a letter of objection and two copies within the meaning and intent of measure and provided it receives the of a letter requesting that the hear- division (A) of Section 4303.292 of affirmative vote of two-thirds of all ing be held in Cleveland, Cuyahoga the Revised Code to the Director of the members elected to Council, it County, and a statement by the Direc- Liquor Control. shall take effect and be in force tor of Law that, in the Director’s opi- Section 3. That this resolution is immediately upon its adoption and nion, that the objection is based upon hereby declared to be an emergency approval by the Mayor; otherwise, it substantial legal grounds within the measure and provided it receives the shall take effect and be in force meaning and intent of division (A) affirmative vote of two-thirds of all from and after the earliest period of Section 4303.292 of the Revised Code the members elected to Council, it allowed by law. to the Director of Liquor Control. shall take effect and be in force Adopted August 5, 2009. Section 3. That this resolution is immediately upon its adoption and Awaiting the approval or disap- hereby declared to be an emergency approval by the Mayor; otherwise, it proval of the Mayor. measure and provided it receives the shall take effect and be in force affirmative vote of two-thirds of all from and after the earliest period the members elected to Council, it allowed by law. shall take effect and be in force Adopted August 5, 2009. Res. No. 1097-09. immediately upon its adoption and Awaiting the approval or disap- By Council Member Kelley. approval by the Mayor; otherwise, it proval of the Mayor. An emergency resolution object- shall take effect and be in force ing to the transfer of ownership of from and after the earliest period a C1 and C2 Liquor Permit to 5741 allowed by law. Memphis Avenue. Adopted August 5, 2009. Res. No. 1096-09. Whereas, Council has been noti- Awaiting the approval or disap- By Council Member Kelley. fied by the Department of Liquor proval of the Mayor. An emergency resolution object- Control of an application for the ing to the renewal of a C1 and C2 transfer of ownership of a C1 and Liquor Permit at 6501 Denison Ave- C2 Liquor Permit from A & A Con- nue. venient Food Mart, Inc., DBA Con- Res. No. 1095-09. Whereas, the uniform date for venient Food Mart #3-053, 5741 Mem- By Council Member Kelley. renewal of liquor permits in the phis Avenue, Cleveland, Ohio 44144, An emergency resolution object- State of Ohio is October 1st; and Permanent Number 0003182 to Jaig- ing to the renewal of a D1, D2, D3, Whereas, pursuant to Section urudev, Inc., 5741 Memphis Avenue, D3A and D6 Liquor Permit at 4450- 4303.271 of the Revised Code, the Cleveland, Ohio 44144, Permanent 52 Broadview Road. legislative authority of a municipal Number 4219893; and Whereas, the uniform date for corporation may object to the renew- Whereas, the granting of this renewal of liquor permits in the al of a permit based upon legal application for a liquor permit to State of Ohio is October 1st; and grounds as set forth in division (A) this high crime area, which is Whereas, pursuant to Section of Revised Code Section 4303.292; and already saturated with other liquor 4303.271 of the Revised Code, the Whereas, the applicant is unfit to outlets, is contrary to the best inter- legislative authority of a municipal continue to engage in the liquor per- ests of the entire community; and corporation may object to the renew- mit business in that he has operat- Whereas, the applicant does not al of a permit based upon legal ed his liquor permit business in a qualify to be a permit holder and/or grounds as set forth in division (A) manner that demonstrates a disre- has demonstrated that he has oper- of Revised Code Section 4303.292; and gard for the laws, regulations or ated his liquor business in disregard Whereas, the applicant is unfit to local ordinances of the state, and of the laws, regulations or local continue to engage in the liquor per- that this objection is based on other ordinances of this state or any other mit business in that he has operat- legal grounds as set forth in Re- state; and ed his liquor permit business in a vised Code Section 4303.292; and Whereas, the place for which the manner that demonstrates a disre- Whereas, this resolution consti- permit is sought has not conformed gard for the laws, regulations or tutes an emergency measure provid- to the building, safety or health local ordinances of the state, and ing for the immediate preservation requirements of the governing body that this objection is based on other of the public peace, prosperity, safe- of this County or City; and legal grounds as set forth in Re- ty and welfare pursuant to Section Whereas, the place for which the vised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, permit is sought is so arranged or Whereas, this resolution consti- objections to renewal of liquor per- constructed that law enforcement of- tutes an emergency measure provid- mits shall be made no later than ficers or agents of the Department of ing for the immediate preservation thirty days prior to the expiration Liquor Control are prevented reason- of the public peace, prosperity, safe- date of the permit; now, therefore, able access to the establishment; and ty and welfare pursuant to Section Be it resolved by the Council of Whereas, the place for which the 4303.271 of the Ohio Revised Code, the City of Cleveland: permit is sought is so located with objections to renewal of liquor per- Section 1. That Council does here- respect to the neighborhood that it mits shall be made no later than by record its objection to the renew- substantially interferes with public thirty days prior to the expiration al of a C1 and C2 Liquor Permit, decency, sobriety, peace or good date of the permit; now, therefore, Permit No. 3571080 owned by Hani- order; and Be it resolved by the Council of ni 7 Oil, Inc., DBA West 65th Gas Whereas, this objection is based on the City of Cleveland: USA, 6501 Denison Avenue, Cleve- other legal grounds as set forth in Section 1. That Council does here- land, Ohio 44102 and requests the Revised Code Section 4303.292; and by record its objection to the renew- Director of Liquor Control to set a Whereas, this resolution consti- al of a D1, D2, D3, D3A and D6 hearing for said application in tutes an emergency measure pro- Liquor Permit, Permit No. 9116320 accordance with provisions of Sec- viding for the immediate preserva- owned by 2109 Tate, Inc., DBA tion 4303.271 of the Revised Code of tion of the public peace, prosperi- Rebound, 4450-52 Broadview Road, Ohio. ty, safety and welfare pursuant to Cleveland, Ohio 44109 and requests Section 2. That the Clerk of Coun- Section 4303.26 of the Ohio Revised the Director of Liquor Control to set cil be and she is hereby directed to Code. Council’s objection to said a hearing for said application in transmit two certified copies of this permit must be received by the accordance with provisions of Sec- resolution, together with two copies Director of Liquor Control within tion 4303.271 of the Revised Code of of a letter of objection and two 30 days of notification; now, there- Ohio. copies of a letter requesting that the fore, 1531 66 The City Record August 12, 2009

Be it resolved by the Council of Whereas, this resolution consti- al of a D2, D2X, D3 and D3A Liquor the City of Cleveland: tutes an emergency measure provid- Permit, Permit No. 6381965 owned by Section 1. That Council does here- ing for the immediate preservation Nicetime, Inc., DBA Dirty Dog, 4693 by record its objection to the trans- of the public peace, prosperity, safe- State Road, 1st floor and basement, fer of ownership of a C1 and C2 ty and welfare pursuant to Section Cleveland, Ohio 44109 and requests Liquor Permit from A & A Conve- 4303.26 of the Ohio Revised Code. the Director of Liquor Control to set nient Food Mart, Inc., DBA Conve- Council’s objection to said permit a hearing for said application in nient Food Mart #3-053, 5741 Mem- must be received by the Director of accordance with provisions of Sec- phis Avenue, Cleveland, Ohio 44144, Liquor Control within 30 days of tion 4303.271 of the Revised Code of Permanent Number 0003182 to Jaig- notification; now, therefore, Ohio. urudev, Inc., 5741 Memphis Avenue, Be it resolved by the Council of Section 2. That the Clerk of Coun- Cleveland, Ohio 44144, Permanent the City of Cleveland: cil be and she is hereby directed to Number 4219893; and requests the Section 1. That Council does here- transmit two certified copies of this Director of Liquor Control to set a by record its objection to a New C1 resolution, together with two copies hearing for said application in ac- Liquor Permit at State Road Food of a letter of objection and two cordance with provisions of Section & Beverage, Inc., DBA Save More copies of a letter requesting that the 4303.26 of the Revised Code of Ohio. Mart, 4380 State Road, Cleveland, hearing be held in Cleveland, Cuya- Section 2. That the Clerk of Coun- Ohio 44109, Permanent Number hoga County, and a statement by the cil be and she is hereby directed to 8517121 and requests the Director of Director of Law that, in the Direc- transmit two certified copies of this Liquor Control to set a hearing for tor’s opinion, that the objection is resolution, together with two copies said application in accordance with based upon substantial legal grounds of a letter of objection and two provisions of Section 4303.26 of the within the meaning and intent of copies of a letter requesting that the Revised Code of Ohio. division (A) of Section 4303.292 of hearing be held in Cleveland, Cuya- Section 2. That the Clerk of Coun- the Revised Code to the Director of hoga County. cil be and she is hereby directed to Liquor Control. Section 3. That this resolution is transmit two certified copies of this Section 3. That this resolution is hereby declared to be an emergency resolution, together with two copies hereby declared to be an emergency measure and provided it receives the of a letter of objection and two measure and provided it receives the affirmative vote of two-thirds of all copies of a letter requesting that the affirmative vote of two-thirds of all the members elected to Council, it hearing be held in Cleveland, Cuya- the members elected to Council, it shall take effect and be in force hoga County. shall take effect and be in force immediately upon its adoption and Section 3. That this resolution is immediately upon its adoption and approval by the Mayor; otherwise, it hereby declared to be an emergency approval by the Mayor; otherwise, it shall take effect and be in force measure and provided it receives the shall take effect and be in force from and after the earliest period affirmative vote of two-thirds of all from and after the earliest period allowed by law. the members elected to Council, it allowed by law. Adopted August 5, 2009. shall take effect and be in force Adopted August 5, 2009. Awaiting the approval or disap- immediately upon its adoption and Awaiting the approval or disap- proval of the Mayor. approval by the Mayor; otherwise, it proval of the Mayor. shall take effect and be in force from and after the earliest period allowed by law. Res. No. 1098-09. Adopted August 5, 2009. Res. No. 1100-09. By Council Member Kelley. Awaiting the approval or disap- By Council Member Kelley. An emergency resolution object- proval of the Mayor. An emergency resolution object- ing to a New C1 Liquor Permit at ing to the renewal of a D1, D2, D3 4380 State Road. and D3A Liquor Permit at 4716 State Whereas, Council has been noti- Road. fied by the Department of Liquor Res. No. 1099-09. Whereas, the uniform date for Control of an application for a New By Council Member Kelley. renewal of liquor permits in the C1 Liquor Permit at Sophia Tirado, An emergency resolution object- State of Ohio is October 1st; and DBA Lucky’s, 10330 Lorain Avenue, ing to the renewal of a D2, D2X, D3 Whereas, pursuant to Section Cleveland, Ohio 44111, Permanent and D3A Liquor Permit at 4693 State 4303.271 of the Revised Code, the Number 8945413; and Road. legislative authority of a municipal Whereas, the granting of this ap- Whereas, the uniform date for corporation may object to the renew- plication for a liquor permit to this renewal of liquor permits in the al of a permit based upon legal high crime area, which is already State of Ohio is October 1st; and grounds as set forth in division (A) saturated with other liquor outlets, Whereas, pursuant to Section of Revised Code Section 4303.292; is contrary to the best interests of 4303.271 of the Revised Code, the and the entire community; and legislative authority of a municipal Whereas, the applicant is unfit to Whereas, the applicant does not corporation may object to the renew- continue to engage in the liquor per- qualify to be a permit holder and/or al of a permit based upon legal mit business in that he has operat- has demonstrated that he has oper- grounds as set forth in division (A) ed his liquor permit business in a ated his liquor business in disregard of Revised Code Section 4303.292; and manner that demonstrates a disre- of the laws, regulations or local Whereas, the applicant is unfit to gard for the laws, regulations or ordinances of this state or any other continue to engage in the liquor per- local ordinances of the state, and state; and mit business in that he has operat- that this objection is based on other Whereas, the place for which the ed his liquor permit business in a legal grounds as set forth in permit is sought has not conformed manner that demonstrates a disre- Revised Code Section 4303.292; and to the building, safety or health gard for the laws, regulations or Whereas, this resolution consti- requirements of the governing body local ordinances of the state, and tutes an emergency measure provid- of this County or City; and that this objection is based on other ing for the immediate preservation Whereas, the place for which the legal grounds as set forth in Re- of the public peace, prosperity, safe- permit is sought is so arranged or vised Code Section 4303.292; and ty and welfare pursuant to Section constructed that law enforcement Whereas, this resolution consti- 4303.271 of the Ohio Revised Code, officers or agents of the Department tutes an emergency measure provid- objections to renewal of liquor per- of Liquor Control are prevented rea- ing for the immediate preservation mits shall be made no later than sonable access to the establishment; of the public peace, prosperity, safe- thirty days prior to the expiration and ty and welfare pursuant to Section date of the permit; now, therefore, Whereas, the place for which the 4303.271 of the Ohio Revised Code, Be it resolved by the Council of permit is sought is so located with objections to renewal of liquor per- the City of Cleveland: respect to the neighborhood that it mits shall be made no later than Section 1. That Council does here- substantially interferes with public thirty days prior to the expiration by record its objection to the renew- decency, sobriety, peace or good date of the permit; now, therefore, al of a D1, D2, D3 and D3A Liquor order; and Be it resolved by the Council of Permit, Permit No. 8440222 owned by Whereas, this objection is based on the City of Cleveland: Sports Inn, LLC, DBA Home Plate other legal grounds as set forth in Section 1. That Council does here- Tavern, 4716 State Road, Cleveland, Revised Code Section 4303.292; and by record its objection to the renew- Ohio 44109 and requests the Director 1532 August 12, 2009 The City Record 67 of Liquor Control to set a hearing of a letter of objection and two Walgreens #03234, 4281 West 130th for said application in accordance copies of a letter requesting that the Street, Cleveland, Ohio 44135, Per- with provisions of Section 4303.271 hearing be held in Cleveland, Cuya- manent Number 935794103234, and re- of the Revised Code of Ohio. hoga County, and a statement by the quests the Director of Liquor Con- Section 2. That the Clerk of Coun- Director of Law that, in the Direc- trol to set a hearing for said appli- cil be and she is hereby directed to tor’s opinion, that the objection is cation in accordance with provisions transmit two certified copies of this based upon substantial legal grounds of Section 4303.26 of the Revised resolution, together with two copies within the meaning and intent of Code of Ohio. of a letter of objection and two division (A) of Section 4303.292 of Section 2. That the Clerk of Coun- copies of a letter requesting that the the Revised Code to the Director of cil be and she is hereby directed to hearing be held in Cleveland, Cuya- Liquor Control. transmit two certified copies of this hoga County, and a statement by the Section 3. That this resolution is resolution, together with two copies Director of Law that, in the Direc- hereby declared to be an emergency of a letter of objection and two tor’s opinion, that the objection is measure and provided it receives the copies of a letter requesting that the based upon substantial legal grounds affirmative vote of two-thirds of all hearing be held in Cleveland, Cuya- within the meaning and intent of the members elected to Council, it hoga County. division (A) of Section 4303.292 of shall take effect and be in force Section 3. That this resolution is the Revised Code to the Director of immediately upon its adoption and hereby declared to be an emergency Liquor Control. approval by the Mayor; otherwise, it measure and provided it receives the Section 3. That this resolution is shall take effect and be in force affirmative vote of two-thirds of all hereby declared to be an emergency from and after the earliest period the members elected to Council, it measure and provided it receives the allowed by law. shall take effect and be in force affirmative vote of two-thirds of all Adopted August 5, 2009. immediately upon its adoption and the members elected to Council, it Awaiting the approval or disap- approval by the Mayor; otherwise, it shall take effect and be in force proval of the Mayor. shall take effect and be in force immediately upon its adoption and from and after the earliest period approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Res. No. 1102-09. Awaiting the approval or disap- allowed by law. By Council Member Brady. proval of the Mayor. Adopted August 5, 2009. An emergency resolution object- Awaiting the approval or disap- ing to a New C1 Liquor Permit at proval of the Mayor. 4281 West 130th Street. Whereas, Council has been noti- Res. No. 1103-09. fied by the Department of Liquor By Council Member Miller. Control of an application for a New An emergency resolution object- Res. No. 1101-09. C1 Liquor Permit at Walgreen Co., ing to the transfer of ownership of By Council Member Miller. DBA Walgreens #03234, 4281 West a C1 and C2 Liquor Permit to 552 An emergency resolution object- 130th Street, Cleveland, Ohio 44135, East 152nd Street. ing to the renewal of a C2 and C2X Permanent Number 935794103234; and Whereas, Council has been noti- Liquor Permit at 625 East 140th Whereas, the granting of this ap- fied by the Department of Liquor Street. plication for a liquor permit to this Control of an application for the Whereas, the uniform date for high crime area, which is already transfer of ownership of a C1 and renewal of liquor permits in the saturated with other liquor outlets, C2 Liquor Permit from BP Products State of Ohio is October 1st; and is contrary to the best interests of North America, Inc., DBA Site Whereas, pursuant to Section the entire community; and #04358, 552 East 152nd Street, Cleve- 4303.271 of the Revised Code, the Whereas, the applicant does not land, Ohio 44110, Permanent Number legislative authority of a municipal qualify to be a permit holder and/or 08984674358 to Convenience Manage- corporation may object to the renew- has demonstrated that he has oper- ment Services, Inc., DBA BP 3618, al of a permit based upon legal ated his liquor business in disregard 552 East 152nd Street, Cleveland, grounds as set forth in division (A) of the laws, regulations or local Ohio 44110, Permanent Number of Revised Code Section 4303.292; and ordinances of this state or any other 17090950405; and Whereas, the applicant is unfit to state; and Whereas, the granting of this ap- continue to engage in the liquor per- Whereas, the place for which the plication for a liquor permit to this mit business in that he has operat- permit is sought has not conformed high crime area, which is already ed his liquor permit business in a to the building, safety or health saturated with other liquor outlets, manner that demonstrates a disre- requirements of the governing body is contrary to the best interests of gard for the laws, regulations or of this County or City; and the entire community; and local ordinances of the state, and Whereas, the place for which the Whereas, the applicant does not that this objection is based on other permit is sought is so arranged or qualify to be a permit holder and/or legal grounds as set forth in Re- constructed that law enforcement of- has demonstrated that he has oper- vised Code Section 4303.292; and ficers or agents of the Department of ated his liquor business in disregard Whereas, this resolution consti- Liquor Control are prevented reason- of the laws, regulations or local tutes an emergency measure provid- able access to the establishment; and ordinances of this state or any other ing for the immediate preservation Whereas, the place for which the state; and of the public peace, prosperity, safe- permit is sought is so located with Whereas, the place for which the ty and welfare pursuant to Section respect to the neighborhood that it permit is sought has not conformed 4303.271 of the Ohio Revised Code, substantially interferes with public to the building, safety or health objections to renewal of liquor per- decency, sobriety, peace or good requirements of the governing body mits shall be made no later than order; and of this County or City; and thirty days prior to the expiration Whereas, this objection is based on Whereas, the place for which the date of the permit; now, therefore, other legal grounds as set forth in permit is sought is so arranged or Be it resolved by the Council of Revised Code Section 4303.292; and constructed that law enforcement the City of Cleveland: Whereas, this resolution consti- officers or agents of the Department Section 1. That Council does here- tutes an emergency measure provid- of Liquor Control are prevented rea- by record its objection to the renew- ing for the immediate preservation sonable access to the establishment; al of a C2 and C2X Liquor Permit, of the public peace, prosperity, safe- and Permit No. 6081178 owned by Moe’s ty and welfare pursuant to Section Whereas, the place for which the Stop One, Inc., 625 East 140th Street, 4303.26 of the Ohio Revised Code. permit is sought is so located with Cleveland, Ohio 44110, and requests Council’s objection to said permit respect to the neighborhood that it the Director of Liquor Control to set must be received by the Director of substantially interferes with public a hearing for said application in ac- Liquor Control within 30 days of decency, sobriety, peace or good cordance with provisions of Section notification; now, therefore, order; and 4303.271 of the Revised Code of Ohio. Be it resolved by the Council of Whereas, this objection is based on Section 2. That the Clerk of Coun- the City of Cleveland: other legal grounds as set forth in cil be and she is hereby directed to Section 1. That Council does here- Revised Code Section 4303.292; and transmit two certified copies of this by record its objection to a New C1 Whereas, this resolution consti- resolution, together with two copies Liquor Permit at Walgreen Co., DBA tutes an emergency measure provid- 1533 68 The City Record August 12, 2009 ing for the immediate preservation Be it resolved by the Council of 3831 East 93rd Street, Cleveland, of the public peace, prosperity, safe- the City of Cleveland: Ohio 444105 and requests the Direc- ty and welfare pursuant to Section Section 1. That Council does here- tor of Liquor Control to set a hear- 4303.26 of the Ohio Revised Code. by record its objection to the renew- ing for said application in accor- Council’s objection to said permit al of a C1 and C2 Liquor Permit, dance with provisions of Section must be received by the Director of Permit No. 2118468 owned by DIA 4303.271 of the Revised Code of Ohio. Liquor Control within 30 days of Foods, Inc., DBA Hill Top Deli, 2623 Section 2. That the Clerk of Coun- notification; now, therefore, Woodhill Road, 1st floor, Cleveland, cil be and she is hereby directed to Be it resolved by the Council of Ohio 44104, and requests the Direc- transmit two certified copies of the City of Cleveland: tor of Liquor Control to set a hear- this resolution, together with two Section 1. That Council does here- ing for said application in accor- copies of a letter of objection and by record its objection to the trans- dance with provisions of Section two copies of a letter requesting fer of ownership of a C1 and C2 4303.271 of the Revised Code of Ohio. that the hearing be held in Cleve- Liquor Permit from BP Products Section 2. That the Clerk of Coun- land, Cuyahoga County, and a North America, Inc., DBA Site cil be and she is hereby directed to statement by the Director of Law #04358, 552 East 152nd Street, Cleve- transmit two certified copies of this that, in the Director’s opinion, that land, Ohio 44110, Permanent Number resolution, together with two copies the objection is based upon sub- 08984674358 to Convenience Manage- of a letter of objection and two stantial legal grounds within the ment Services, Inc., DBA BP 3618, copies of a letter requesting that the meaning and intent of division (A) 552 East 152nd Street, Cleveland, hearing be held in Cleveland, Cuya- of Section 4303.292 of the Revised Ohio 44110, Permanent Number hoga County, and a statement by the Code to the Director of Liquor Con- 17090950405, and requests the Direc- Director of Law that, in the Direc- trol. tor of Liquor Control to set a hear- tor’s opinion, that the objection is Section 3. That this resolution is ing for said application in accor- based upon substantial legal grounds hereby declared to be an emergency dance with provisions of Section within the meaning and intent of measure and provided it receives the 4303.26 of the Revised Code of Ohio. division (A) of Section 4303.292 of affirmative vote of two-thirds of all Section 2. That the Clerk of Coun- the Revised Code to the Director of the members elected to Council, it cil be and she is hereby directed to Liquor Control. shall take effect and be in force transmit two certified copies of this Section 3. That this resolution is immediately upon its adoption and resolution, together with two copies hereby declared to be an emergency approval by the Mayor; otherwise, it of a letter of objection and two measure and provided it receives the shall take effect and be in force copies of a letter requesting that the affirmative vote of two-thirds of all from and after the earliest period hearing be held in Cleveland, Cuya- the members elected to Council, it allowed by law. hoga County. shall take effect and be in force Adopted August 5, 2009. Section 3. That this resolution is immediately upon its adoption and Awaiting the approval or disap- hereby declared to be an emergency approval by the Mayor; otherwise, it proval of the Mayor. measure and provided it receives the shall take effect and be in force affirmative vote of two-thirds of all from and after the earliest period the members elected to Council, it allowed by law. shall take effect and be in force Adopted August 5, 2009. Res. No. 1106-09. immediately upon its adoption and Awaiting the approval or disap- By Council Member Wilkes. approval by the Mayor; otherwise, it proval of the Mayor. An emergency resolution object- shall take effect and be in force ing to the transfer of ownership of from and after the earliest period a C2 and C2X Liquor Permit to 11334 allowed by law. Miles Avenue. Adopted August 5, 2009. Res. No. 1105-09. Whereas, Council has been noti- Awaiting the approval or disap- By Council Member Wilkes. fied by the Department of Liquor proval of the Mayor. An emergency resolution object- Control of an application for the ing to the renewal of a C2 and C2X transfer of ownership of a C2 and Liquor Permit at 3831 East 93rd C2X Liquor Permit from Ahmed Mini Street. Market, Inc., DBA Ahmed Mini Mar- Res. No. 1104-09. Whereas, the uniform date for ket, 11334 Miles Avenue, 1st floor By Council Member Mitchell. renewal of liquor permits in the and basement, Cleveland, Ohio 44105, An emergency resolution object- State of Ohio is October 1st; and Permanent Number 0079613 to Miles ing to the renewal of a C1 and C2 Whereas, pursuant to Section Mini Mart, Inc., 11334 Miles Avenue, Liquor Permit at 2623 Woodhill 4303.271 of the Revised Code, the leg- Cleveland, Ohio 44105, Permanent Road, 1st floor. islative authority of a municipal cor- Number 5951324; and Whereas, the uniform date for poration may object to the renewal Whereas, the granting of this ap- renewal of liquor permits in the of a permit based upon legal grounds plication for a liquor permit to this State of Ohio is October 1st; and as set forth in division (A) of Re- high crime area, which is already Whereas, pursuant to Section vised Code Section 4303.292; and saturated with other liquor outlets, 4303.271 of the Revised Code, the Whereas, the applicant is unfit to is contrary to the best interests of legislative authority of a municipal continue to engage in the liquor per- the entire community; and corporation may object to the renew- mit business in that he has operat- Whereas, the applicant does not al of a permit based upon legal ed his liquor permit business in a qualify to be a permit holder and/or grounds as set forth in division (A) manner that demonstrates a disre- has demonstrated that he has oper- of Revised Code Section 4303.292; and gard for the laws, regulations or ated his liquor business in disregard Whereas, the applicant is unfit to local ordinances of the state, and of the laws, regulations or local continue to engage in the liquor per- that this objection is based on other ordinances of this state or any other mit business in that he has operat- legal grounds as set forth in Re- state; and ed his liquor permit business in a vised Code Section 4303.292; and Whereas, the place for which the manner that demonstrates a disre- Whereas, this resolution consti- permit is sought has not conformed gard for the laws, regulations or tutes an emergency measure provid- to the building, safety or health local ordinances of the state, and ing for the immediate preservation requirements of the governing body that this objection is based on other of the public peace, prosperity, safe- of this County or City; and legal grounds as set forth in Re- ty and welfare pursuant to Section Whereas, the place for which the vised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, permit is sought is so arranged or Whereas, this resolution consti- objections to renewal of liquor per- constructed that law enforcement tutes an emergency measure pro- mits shall be made no later than officers or agents of the Department viding for the immediate preserva- thirty days prior to the expiration of Liquor Control are prevented rea- tion of the public peace, prosperi- date of the permit; now, therefore, sonable access to the establishment; ty, safety and welfare pursuant to Be it resolved by the Council of and Section 4303.271 of the Ohio the City of Cleveland: Whereas, the place for which the Revised Code, objections to renew- Section 1. That Council does here- permit is sought is so located with al of liquor permits shall be made by record its objection to the renew- respect to the neighborhood that it no later than thirty days prior to al of a C2 and C2X Liquor Permit, substantially interferes with public the expiration date of the permit; Permit No. 2233517 owned by Shire- decency, sobriety, peace or good now, therefore, an Doleh, DBA Best Buy Food Mart, order; and 1534 August 12, 2009 The City Record 69

Whereas, this objection is based on nity Circulator buses to get to work, Section 1. That this Council urges other legal grounds as set forth in the grocery store, school, doctor’s the urges the United States Post- Revised Code Section 4303.292; and appointments and shopping because master General to keep open the Whereas, this resolution consti- they do not drive; and Beachland Station post office locat- tutes an emergency measure provid- Whereas, Community Circulators ed at 891 East 185th Street in Cleve- ing for the immediate preservation are a life-line to many seniors who land. of the public peace, prosperity, safe- would otherwise be stranded in their Section 2. That the Clerk of Coun- ty and welfare pursuant to Section own homes without transportation; cil is directed to transmit copies of 4303.26 of the Ohio Revised Code. and this resolution to the Postmaster Council’s objection to said permit Whereas, most RTA riders would General of the United States. must be received by the Director of say they would rather pay increased Section 3. That this resolution is Liquor Control within 30 days of fares than see the Community Cir- hereby declared to be an emergency notification; now, therefore, culator routes be eliminated; and measure and, provided it receives Be it resolved by the Council of Whereas, this resolution consti- the affirmative vote of two-thirds of the City of Cleveland: tutes an emergency measure for the all the members elected to Council, Section 1. That Council does here- immediate preservation of public it shall take effect and be in force by record its objection to the trans- peace, property, health, or safety, immediately upon its adoption and fer of ownership of a C2 and C2X now, therefore, approval by the Mayor; otherwise, it Liquor Permit from Ahmed Mini Be it resolved by the Council of shall take effect and be in force Market, Inc., DBA Ahmed Mini Mar- the City of Cleveland: from and after the earliest period ket, 11334 Miles Avenue, 1st floor Section 1. That this Council urges allowed by law. and basement, Cleveland, Ohio 44105, the Greater Cleveland Regional Adopted August 5, 2009. Permanent Number 0079613 to Miles Transit Authority to reconsider elim- Awaiting the approval or disap- Mini Mart, Inc., 11334 Miles Avenue, inating Community Circulators and proval of the Mayor. Cleveland, Ohio 44105, Permanent to meet with City Council and other Number 5951324; and requests the community leaders in order to deter- Director of Liquor Control to set a mine other ways to save money hearing for said application in without negatively impacting com- Res. No. 1109-09. accordance with provisions of Sec- munity circulator riders and neigh- By Council Member Cleveland. tion 4303.26 of the Revised Code of borhood routes. An emergency resolution support- Ohio. Section 2. That the Clerk of Coun- ing Western Reserve Land Conser- Section 2. That the Clerk of Coun- cil is directed to transmit copies of vancy’s application to the Clean cil be and she is hereby directed to this resolution to Joe Calabrese, Ohio Conservation Fund for the transmit two certified copies of this RTA General Manager, all members Dunham Tavern Museum Expansion resolution, together with two copies of the RTA Board of Directors. and Preservation Project. of a letter of objection and two Section 3. That this resolution is Whereas, the Dunham Tavern copies of a letter requesting that the hereby declared to be an emergency Museum (the “Museum”) and its hearing be held in Cleveland, Cuya- measure and, provided it receives partner Western Reserve Land Con- hoga County. the affirmative vote of two-thirds of servancy seek to pursue the Dun- Section 3. That this resolution is all the members elected to Council, ham Tavern Museum Expansion and hereby declared to be an emergency it shall take effect and be in force Preservation Project (the “Project”); measure and provided it receives the immediately upon its adoption and and affirmative vote of two-thirds of all approval by the Mayor; otherwise, it Whereas, as part of the Project the members elected to Council, it shall take effect and be in force the Museum desires to expand its shall take effect and be in force from and after the earliest period current land holdings by purchasing immediately upon its adoption and allowed by law. the vacant 6611 Euclid building adja- approval by the Mayor; otherwise, it Adopted August 5, 2009. cent to the Museum’s property; and shall take effect and be in force Awaiting the approval or disap- Whereas, this acquisition would from and after the earliest period proval of the Mayor. result in the beneficial re-use of a allowed by law. vacant property located along the Adopted August 5, 2009. Euclid Corridor, where the City of Awaiting the approval or disap- Cleveland has made significant proval of the Mayor. Res. No. 1108-09. investment to encourage sustainable By Council Member Polensek. economic redevelopment; and An emergency resolution urging Whereas, the 2005 MidTown Mas- the United States Postmaster Gener- ter Plan identifies the Museum site Res. No. 1107-09. al to keep open the Beachland Sta- as the MidTown neighborhood’s By Council Members Polensek, tion post office located at 891 East “central green,” providing a major Sweeney, Brady, Brancatelli, Cim- 185th Street in Cleveland. amenity and sense of identity with- perman, Cleveland, Cloud, Conwell, Whereas, the U.S. Postal Service in the neighborhood; and Cummins, Dow, Johnson, Keane, Kel- has recently announced they plan to Whereas, the Museum property ley, Miller, Mitchell, Pruitt, Reed, close possibly 24 area post offices in currently provides much needed pub- Santiago, Westbrook, Wilkes, Zone northern Ohio by October 1, 2009; licly accessible open space, passive and Mayor Jackson. and recreation, and educational opportu- An emergency resolution urging Whereas, one post office they nities through its Heritage Trail the Greater Cleveland Regional could close is the Beachland Station, and Learning Gardens; and Transit Authority to reconsider elim- located at 891 East 185th Street, in Whereas, the Project would in- inating Community Circulators and Cleveland; and crease the Museum’s open space, to meet with City Council and other Whereas, the cities of Cleveland passive recreation and educational community leaders in order to deter- and Euclid have worked extremely offerings; and mine ways to save money without hard over the years to improve the Whereas, the City of Cleveland negatively impacting Community East 185th Street corridor and keep seeks to coordinate with nonprofits Circulator riders and neighborhood it a thriving, community-oriented such as the Museum to increase the routes. business neighborhood; and availability of high-quality recre- Whereas, last week, the Greater Whereas, if the Beachland Station ation opportunities and facilities Cleveland Regional Transit Author- post office were to close, this would that meet the needs of Clevelanders ity (“RTA”) decided to eliminate all devastate the East 185th Street com- of all ages, ability levels, incomes 12 of its Community Circulator bus mercial corridor and the adjacent and interests; and routes and raise most fares 25cents residential communities in Cleve- Whereas, as part of the Project, to save approximately $5 million land’s Ward 11 and the City of the Museum intends to preserve the dollars; and Euclid; and Dunham Tavern building and its Whereas, Community Circulators Whereas, this resolution consti- grounds in perpetuity through a con- are an extremely popular mode of tutes an emergency measure for the servation easement to be held by transportation for hundreds of peo- immediate preservation of public Western Reserve Land Conservancy; ple in Cleveland and the surround- peace, property, health, or safety, and ing areas; and now, therefore, Whereas, the Dunham Tavern Whereas, thousands of people in Be it resolved by the Council of building is a Cleveland Landmark our community depend on Commu- the City of Cleveland: and has the distinction of being the 1535 70 The City Record August 12, 2009 oldest building in Cleveland still Whereas, the place for which the legal grounds as set forth in Re- standing on its original foundation; permit is sought is so arranged or vised Code Section 4303.292; and and constructed that law enforcement Whereas, this resolution consti- Whereas, the City of Cleveland officers or agents of the Department tutes an emergency measure provid- seeks to foster preservation of his- of Liquor Control are prevented rea- ing for the immediate preservation torically and architecturally signifi- sonable access to the establishment; of the public peace, prosperity, safe- cant buildings and properties with- and ty and welfare pursuant to Section in the City; and Whereas, the place for which the 4303.271 of the Ohio Revised Code, Whereas, one of the City of Cleve- permit is sought is so located with objections to renewal of liquor per- land’s policies set forth in its 2020 respect to the neighborhood that it mits shall be made no later than Citywide Plan is to ensure that land substantially interferes with public thirty days prior to the expiration is used in a manner that preserves decency, sobriety, peace or good date of the permit; now, therefore, and expands valuable open space, order; and Be it resolved by the Council of protects natural habitats, retains Whereas, this objection is based on the City of Cleveland: and replaces trees, prevents envi- other legal grounds as set forth in Section 1. That Council does here- ronmental contamination, and pro- Revised Code Section 4303.292; and by record its objection to the renew- tects sensitive lands; and Whereas, this resolution consti- al of a D5 Liquor Permit, Permit No. Whereas, the Museum’s partner, tutes an emergency measure provid- 8912747 owned by 3614 East 65th, Western Reserve Land Conservancy, ing for the immediate preservation Inc., DBA M JS Café, 3614 East 65th is seeking funding for the Project of the public peace, prosperity, safe- Street, Cleveland, Ohio 44105, and through the Clean Ohio Conserva- ty and welfare pursuant to Section requests the Director of Liquor Con- tion Fund administered by the Ohio 4303.26 of the Ohio Revised Code. trol to set a hearing for said appli- Public Works Commission; and Council’s objection to said permit cation in accordance with provisions Whereas, this resolution consti- must be received by the Director of of Section 4303.271 of the Revised tutes an emergency measure for the Liquor Control within 30 days of Code of Ohio. immediate preservation of public notification; now, therefore, Section 2. That the Clerk of Coun- peace, property, health or safety, Be it resolved by the Council of cil be and she is hereby directed to now, therefore, the City of Cleveland: transmit two certified copies of this Be it resolved by the Council of Section 1. That Council does here- resolution, together with two copies the City of Cleveland: by record its objection to a New C1 of a letter of objection and two Section 1. That this Council sup- Liquor Permit at Walgreen Co., DBA copies of a letter requesting that the ports Western Reserve Land Con- Walgreens #03226, 6410 Broadway hearing be held in Cleveland, Cuya- servancy’s application to the Clean Avenue, Cleveland, Ohio 44105, Per- hoga County, and a statement by the Ohio Conservation Fund for the manent Number 935794103226, and Director of Law that, in the Direc- Dunham Tavern Museum Expansion requests the Director of Liquor Con- tor’s opinion, that the objection is and Preservation Project. trol to set a hearing for said appli- based upon substantial legal grounds Section 2. That the Clerk of Coun- cation in accordance with provisions within the meaning and intent of cil is hereby directed to transmit of Section 4303.26 of the Revised division (A) of Section 4303.292 of certified copies of this resolution to Code of Ohio. the Revised Code to the Director of the appropriate party at MidTown Section 2. That the Clerk of Coun- Liquor Control. Cleveland, Inc. cil be and she is hereby directed to Section 3. That this resolution is Section 3. That this resolution is transmit two certified copies of this hereby declared to be an emergency hereby declared to be an emergency resolution, together with two copies measure and provided it receives the measure and, provided it receives of a letter of objection and two affirmative vote of two-thirds of all the affirmative vote of two-thirds of copies of a letter requesting that the the members elected to Council, it all the members elected to Council, hearing be held in Cleveland, Cuya- shall take effect and be in force it shall take effect and be in force hoga County. immediately upon its adoption and immediately upon its adoption and Section 3. That this resolution is approval by the Mayor; otherwise, it approval by the Mayor; otherwise it hereby declared to be an emergency shall take effect and be in force shall take effect and be in force measure and provided it receives the from and after the earliest period from and after the earliest period affirmative vote of two-thirds of all allowed by law. allowed by law. the members elected to Council, it Adopted August 5, 2009. Adopted August 5, 2009. shall take effect and be in force Awaiting the approval or disap- Awaiting the approval or disap- immediately upon its adoption and proval of the Mayor. proval of the Mayor. approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Res. No. 1122-09. Res. No. 1120-09. Adopted August 5, 2009. By Council Member Brancatelli. By Council Member Brancatelli. Awaiting the approval or disap- An emergency resolution object- An emergency resolution object- proval of the Mayor. ing to the renewal of a D1, D2, D3 ing to a New C1 Liquor Permit at and D3A Liquor Permit at 4233-35 6410 Broadway Avenue. East 71st Street, 1st floor and base- Whereas, Council has been noti- ment. fied by the Department of Liquor Res. No. 1121-09. Whereas, the uniform date for Control of an application for a New By Council Member Brancatelli. renewal of liquor permits in the C1 Liquor Permit at Walgreen Co., An emergency resolution object- State of Ohio is October 1st; and DBA Walgreens #03226, 6410 Broad- ing to the renewal of a D5 Liquor Whereas, pursuant to Section way Avenue, Cleveland, Ohio 44105, Permit at 3614 East 65th Street. 4303.271 of the Revised Code, the Permanent Number 935794103226; and Whereas, the uniform date for legislative authority of a municipal Whereas, the granting of this ap- renewal of liquor permits in the corporation may object to the renew- plication for a liquor permit to this State of Ohio is October 1st; and al of a permit based upon legal high crime area, which is already Whereas, pursuant to Section grounds as set forth in division (A) saturated with other liquor outlets, 4303.271 of the Revised Code, the of Revised Code Section 4303.292; is contrary to the best interests of legislative authority of a municipal and the entire community; and corporation may object to the renew- Whereas, the applicant is unfit to Whereas, the applicant does not al of a permit based upon legal continue to engage in the liquor per- qualify to be a permit holder and/or grounds as set forth in division (A) mit business in that he has operat- has demonstrated that he has oper- of Revised Code Section 4303.292; ed his liquor permit business in a ated his liquor business in disregard and manner that demonstrates a disre- of the laws, regulations or local Whereas, the applicant is unfit to gard for the laws, regulations or ordinances of this state or any other continue to engage in the liquor per- local ordinances of the state, and state; and mit business in that he has operat- that this objection is based on other Whereas, the place for which the ed his liquor permit business in a legal grounds as set forth in Re- permit is sought has not conformed manner that demonstrates a disre- vised Code Section 4303.292; and to the building, safety or health gard for the laws, regulations or Whereas, this resolution consti- requirements of the governing body local ordinances of the state, and tutes an emergency measure pro- of this County or City; and that this objection is based on other viding for the immediate preserva- 1536 August 12, 2009 The City Record 71 tion of the public peace, prosperi- of liquor permits shall be made no Be it resolved by the Council of ty, safety and welfare pursuant to later than thirty days prior to the the City of Cleveland: Section 4303.271 of the Ohio Re- expiration date of the permit; now, Section 1. That Council does here- vised Code, objections to renewal therefore, by record its objection to the renew- of liquor permits shall be made no Be it resolved by the Council of al of a C1 and C2 Liquor Permit, later than thirty days prior to the the City of Cleveland: Permit No. 0345174 owned by Yousef expiration date of the permit; now, Section 1. That Council does here- Abdel Aziz, DBA Tom’s Food Mar- therefore, by record its objection to the renew- ket, 4324 Warner Road, 1st floor, Be it resolved by the Council of al of a D1, D2, D3, D3A and D6 Cleveland, Ohio 44105, and requests the City of Cleveland: Liquor Permit, Permit No. 8200732 the Director of Liquor Control to set Section 1. That Council does here- owned by 6101 Fleet Avenue, Inc., a hearing for said application in by record its objection to the renew- DBA U & Me, 6101 Fleet Avenue, accordance with provisions of Sec- al of a D1, D2, D3 and D3A Liquor Cleveland, Ohio 44105, and requests tion 4303.271 of the Revised Code of Permit, Permit No. 6958079 owned by the Director of Liquor Control to set Ohio. Platinum Joes Corp., DBA Malibu a hearing for said application in Section 2. That the Clerk of Coun- Joes, 4233-35 East 71st Street, 1st accordance with provisions of Sec- cil be and she is hereby directed to floor and basement, Cleveland, Ohio tion 4303.271 of the Revised Code of transmit two certified copies of 44105, and requests the Director of Ohio. this resolution, together with two Liquor Control to set a hearing for Section 2. That the Clerk of Coun- copies of a letter of objection and said application in accordance with cil be and she is hereby directed to two copies of a letter requesting provisions of Section 4303.271 of the transmit two certified copies of that the hearing be held in Cleve- Revised Code of Ohio. this resolution, together with two land, Cuyahoga County, and a Section 2. That the Clerk of Coun- copies of a letter of objection and statement by the Director of Law cil be and she is hereby directed to two copies of a letter requesting that, in the Director’s opinion, that transmit two certified copies of this that the hearing be held in Cleve- the objection is based upon sub- resolution, together with two copies land, Cuyahoga County, and a stantial legal grounds within the of a letter of objection and two statement by the Director of Law meaning and intent of division (A) copies of a letter requesting that the that, in the Director’s opinion, that of Section 4303.292 of the Revised hearing be held in Cleveland, Cuya- the objection is based upon sub- Code to the Director of Liquor Con- hoga County, and a statement by the stantial legal grounds within the trol. Director of Law that, in the Direc- meaning and intent of division (A) Section 3. That this resolution is tor’s opinion, that the objection is of Section 4303.292 of the Revised hereby declared to be an emergency based upon substantial legal grounds Code to the Director of Liquor Con- measure and provided it receives the within the meaning and intent of trol. affirmative vote of two-thirds of all division (A) of Section 4303.292 of Section 3. That this resolution is the members elected to Council, it the Revised Code to the Director of hereby declared to be an emergency shall take effect and be in force Liquor Control. measure and provided it receives the immediately upon its adoption and Section 3. That this resolution is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it hereby declared to be an emergency the members elected to Council, it shall take effect and be in force measure and provided it receives the shall take effect and be in force from and after the earliest period affirmative vote of two-thirds of all immediately upon its adoption and allowed by law. the members elected to Council, it approval by the Mayor; otherwise, it Adopted August 5, 2009. shall take effect and be in force shall take effect and be in force Awaiting the approval or disap- immediately upon its adoption and from and after the earliest period proval of the Mayor. approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Awaiting the approval or disap- allowed by law. proval of the Mayor. Res. No. 1125-09. Adopted August 5, 2009. By Council Member Cimperman. Awaiting the approval or disap- An emergency resolution object- proval of the Mayor. ing to the renewal of a D1, D2, D3, Res. No. 1124-09. D3A and D6 Liquor Permit at 1204 By Council Member Brancatelli. Old River Road, mezzanine and An emergency resolution object- patios. Res. No. 1123-09. ing to the renewal of a C1 and C2 Whereas, the uniform date for By Council Member Brancatelli. Liquor Permit at 4324 Warner Road. renewal of liquor permits in the An emergency resolution object- Whereas, the uniform date for State of Ohio is October 1st; and ing to the renewal of a D1, D2, D3, renewal of liquor permits in the Whereas, pursuant to Section D3A and D6 Liquor Permit at 6101 State of Ohio is October 1st; and 4303.271 of the Revised Code, the Fleet Avenue. Whereas, pursuant to Section legislative authority of a municipal Whereas, the uniform date for 4303.271 of the Revised Code, the corporation may object to the renew- renewal of liquor permits in the legislative authority of a municipal al of a permit based upon legal State of Ohio is October 1st; and corporation may object to the renew- grounds as set forth in division (A) Whereas, pursuant to Section al of a permit based upon legal of Revised Code Section 4303.292; 4303.271 of the Revised Code, the grounds as set forth in division (A) and legislative authority of a municipal of Revised Code Section 4303.292; Whereas, the applicant is unfit to corporation may object to the renew- and continue to engage in the liquor per- al of a permit based upon legal Whereas, the applicant is unfit to mit business in that he has operat- grounds as set forth in division (A) continue to engage in the liquor per- ed his liquor permit business in a of Revised Code Section 4303.292; mit business in that he has operat- manner that demonstrates a disre- and ed his liquor permit business in a gard for the laws, regulations or Whereas, the applicant is unfit to manner that demonstrates a disre- local ordinances of the state, and continue to engage in the liquor per- gard for the laws, regulations or that this objection is based on other mit business in that he has operat- local ordinances of the state, and legal grounds as set forth in Re- ed his liquor permit business in a that this objection is based on other vised Code Section 4303.292; and manner that demonstrates a disre- legal grounds as set forth in Re- Whereas, this resolution consti- gard for the laws, regulations or vised Code Section 4303.292; and tutes an emergency measure pro- local ordinances of the state, and Whereas, this resolution consti- viding for the immediate preserva- that this objection is based on other tutes an emergency measure pro- tion of the public peace, prosperi- legal grounds as set forth in Re- viding for the immediate preserva- ty, safety and welfare pursuant to vised Code Section 4303.292; and tion of the public peace, prosperi- Section 4303.271 of the Ohio Re- Whereas, this resolution consti- ty, safety and welfare pursuant to vised Code, objections to renewal tutes an emergency measure pro- Section 4303.271 of the Ohio Re- of liquor permits shall be made no viding for the immediate preserva- vised Code, objections to renewal later than thirty days prior to the tion of the public peace, prosperi- of liquor permits shall be made no expiration date of the permit; now, ty, safety and welfare pursuant to later than thirty days prior to the therefore, Section 4303.271 of the Ohio Re- expiration date of the permit; now, Be it resolved by the Council of vised Code, objections to renewal therefore, the City of Cleveland: 1537 72 The City Record August 12, 2009

Section 1. That Council does here- al of a D2, D2X, D3, D3A and D6 LLC, DBA Sunset Lounge, 1382 West by record its objection to the renew- Liquor Permit, Permit No. 9271908 9th Street, Suite 100 and patio, 1st al of a D1, D2, D3, D3A and D6 owned by View Cleveland, LLC, floor, 1382 West 9th Street, Cleve- Liquor Permit, Permit No. 4462671 DBA The View, 618 Prospect Ave- land, Ohio 44113, and requests the and supplemental permits, owned by nue, Cleveland, Ohio 44115, and re- Director of Liquor Control to set a Kaos in the Flats, Inc., DBA Scripts, quests the Director of Liquor Con- hearing for said application in 1204 Old River Road, mezzanine and trol to set a hearing for said appli- accordance with provisions of Sec- patios, Cleveland, Ohio 44113, and cation in accordance with provisions tion 4303.271 of the Revised Code of requests the Director of Liquor Con- of Section 4303.271 of the Revised Ohio. trol to set a hearing for said appli- Code of Ohio. Section 2. That the Clerk of Coun- cation in accordance with provisions Section 2. That the Clerk of Coun- cil be and she is hereby directed to of Section 4303.271 of the Revised cil be and she is hereby directed to transmit two certified copies of Code of Ohio. transmit two certified copies of this resolution, together with two Section 2. That the Clerk of Coun- this resolution, together with two copies of a letter of objection and cil be and she is hereby directed to copies of a letter of objection and two copies of a letter requesting transmit two certified copies of this two copies of a letter requesting that the hearing be held in Cleve- resolution, together with two copies that the hearing be held in Cleve- land, Cuyahoga County, and a of a letter of objection and two land, Cuyahoga County, and a statement by the Director of Law copies of a letter requesting that the statement by the Director of Law that, in the Director’s opinion, that hearing be held in Cleveland, Cuya- that, in the Director’s opinion, that the objection is based upon sub- hoga County, and a statement by the the objection is based upon sub- stantial legal grounds within the Director of Law that, in the Direc- stantial legal grounds within the meaning and intent of division (A) tor’s opinion, that the objection is meaning and intent of division (A) of Section 4303.292 of the Revised based upon substantial legal grounds of Section 4303.292 of the Revised Code to the Director of Liquor Con- within the meaning and intent of Code to the Director of Liquor Con- trol. division (A) of Section 4303.292 of trol. Section 3. That this resolution is the Revised Code to the Director of Section 3. That this resolution is hereby declared to be an emergency Liquor Control. hereby declared to be an emergency measure and provided it receives the Section 3. That this resolution is measure and provided it receives the affirmative vote of two-thirds of all hereby declared to be an emergency affirmative vote of two-thirds of all the members elected to Council, it measure and provided it receives the the members elected to Council, it shall take effect and be in force affirmative vote of two-thirds of all shall take effect and be in force immediately upon its adoption and the members elected to Council, it immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force approval by the Mayor; otherwise, it shall take effect and be in force immediately upon its adoption and shall take effect and be in force from and after the earliest period approval by the Mayor; otherwise, it from and after the earliest period allowed by law. shall take effect and be in force allowed by law. Adopted August 5, 2009. from and after the earliest period Adopted August 5, 2009. Awaiting the approval or disap- allowed by law. Awaiting the approval or disap- proval of the Mayor. Adopted August 5, 2009. proval of the Mayor. Awaiting the approval or disap- proval of the Mayor. Res. No. 1128-09. Res. No. 1127-09. By Council Member Cimperman. By Council Member Cimperman. An emergency resolution object- Res. No. 1126-09. An emergency resolution object- ing to the renewal of a D1, D2, D3, By Council Member Cimperman. ing to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit at 1616 An emergency resolution object- D3A and D6 Liquor Permit at 1382 West 25th Street. ing to the renewal of a D2, D2X, West 9th Street, Suite 100 and patio, Whereas, the uniform date for D3, D3A and D6 Liquor Permit at 1st floor renewal of liquor permits in the 618 Prospect Avenue, 2nd floor Whereas, the uniform date for State of Ohio is October 1st; and only. renewal of liquor permits in the Whereas, pursuant to Section Whereas, the uniform date for State of Ohio is October 1st; and 4303.271 of the Revised Code, the renewal of liquor permits in the Whereas, pursuant to Section legislative authority of a municipal State of Ohio is October 1st; and 4303.271 of the Revised Code, the corporation may object to the renew- Whereas, pursuant to Section legislative authority of a municipal al of a permit based upon legal 4303.271 of the Revised Code, the corporation may object to the renew- grounds as set forth in division (A) legislative authority of a municipal al of a permit based upon legal of Revised Code Section 4303.292; corporation may object to the renew- grounds as set forth in division (A) and al of a permit based upon legal of Revised Code Section 4303.292; Whereas, the applicant is unfit to grounds as set forth in division (A) and continue to engage in the liquor per- of Revised Code Section 4303.292; Whereas, the applicant is unfit to mit business in that he has operat- and continue to engage in the liquor per- ed his liquor permit business in a Whereas, the applicant is unfit to mit business in that he has operat- manner that demonstrates a disre- continue to engage in the liquor per- ed his liquor permit business in a gard for the laws, regulations or mit business in that he has operat- manner that demonstrates a disre- local ordinances of the state, and ed his liquor permit business in a gard for the laws, regulations or that this objection is based on other manner that demonstrates a disre- local ordinances of the state, and legal grounds as set forth in Re- gard for the laws, regulations or that this objection is based on other vised Code Section 4303.292; and local ordinances of the state, and legal grounds as set forth in Whereas, this resolution consti- that this objection is based on other Revised Code Section 4303.292; and tutes an emergency measure pro- legal grounds as set forth in Re- Whereas, this resolution consti- viding for the immediate preserva- vised Code Section 4303.292; and tutes an emergency measure provid- tion of the public peace, prosperi- Whereas, this resolution consti- ing for the immediate preservation ty, safety and welfare pursuant to tutes an emergency measure pro- of the public peace, prosperity, safe- Section 4303.271 of the Ohio Re- viding for the immediate preserva- ty and welfare pursuant to Section vised Code, objections to renewal tion of the public peace, prosperi- 4303.271 of the Ohio Revised Code, of liquor permits shall be made no ty, safety and welfare pursuant to objections to renewal of liquor per- later than thirty days prior to the Section 4303.271 of the Ohio mits shall be made no later than expiration date of the permit; now, Revised Code, objections to renew- thirty days prior to the expiration therefore, al of liquor permits shall be made date of the permit; now, therefore, Be it resolved by the Council of no later than thirty days prior to Be it resolved by the Council of the City of Cleveland: the expiration date of the permit; the City of Cleveland: Section 1. That Council does here- now, therefore, Section 1. That Council does here- by record its objection to the renew- Be it resolved by the Council of by record its objection to the renew- al of a D1, D2, D3, D3A and D6 the City of Cleveland: al of a D1, D2, D3, D3A and D6 Liquor Permit, Permit No. 6548374 Section 1. That Council does here- Liquor Permit, Permit No. 4949255 owned by 1616 Arabic Restaurant, by record its objection to the renew- owned by LaBodega Cleveland OH, Inc., DBA Kan Zaman, 1616 West 1538 August 12, 2009 The City Record 73

25th Street, Cleveland, Ohio 44113, of Section 4303.271 of the Revised Section 2. That the Clerk of Coun- and requests the Director of Liquor Code of Ohio. cil be and she is hereby directed to Control to set a hearing for said Section 2. That the Clerk of Coun- transmit two certified copies of application in accordance with pro- cil be and she is hereby directed to this resolution, together with two visions of Section 4303.271 of the transmit two certified copies of copies of a letter of objection and Revised Code of Ohio. this resolution, together with two two copies of a letter requesting Section 2. That the Clerk of Coun- copies of a letter of objection and that the hearing be held in Cleve- cil be and she is hereby directed to two copies of a letter requesting land, Cuyahoga County, and a transmit two certified copies of that the hearing be held in Cleve- statement by the Director of Law this resolution, together with two land, Cuyahoga County, and a that, in the Director’s opinion, that copies of a letter of objection and statement by the Director of Law the objection is based upon sub- two copies of a letter requesting that, in the Director’s opinion, that stantial legal grounds within the that the hearing be held in Cleve- the objection is based upon sub- meaning and intent of division (A) land, Cuyahoga County, and a stantial legal grounds within the of Section 4303.292 of the Revised statement by the Director of Law meaning and intent of division (A) Code to the Director of Liquor Con- that, in the Director’s opinion, that of Section 4303.292 of the Revised trol. the objection is based upon sub- Code to the Director of Liquor Con- Section 3. That this resolution is stantial legal grounds within the trol. hereby declared to be an emergency meaning and intent of division (A) Section 3. That this resolution is measure and provided it receives the of Section 4303.292 of the Revised hereby declared to be an emergency affirmative vote of two-thirds of all Code to the Director of Liquor Con- measure and provided it receives the the members elected to Council, it trol. affirmative vote of two-thirds of all shall take effect and be in force Section 3. That this resolution is the members elected to Council, it immediately upon its adoption and hereby declared to be an emergency shall take effect and be in force approval by the Mayor; otherwise, it measure and provided it receives the immediately upon its adoption and shall take effect and be in force affirmative vote of two-thirds of all approval by the Mayor; otherwise, it from and after the earliest period the members elected to Council, it shall take effect and be in force allowed by law. shall take effect and be in force from and after the earliest period Adopted August 5, 2009. immediately upon its adoption and allowed by law. Awaiting the approval or disap- approval by the Mayor; otherwise, it Adopted August 5, 2009. proval of the Mayor. shall take effect and be in force Awaiting the approval or disap- from and after the earliest period proval of the Mayor. allowed by law. Adopted August 5, 2009. Res. No. 1131-09. Awaiting the approval or disap- By Council Member Cleveland. proval of the Mayor. Res. No. 1130-09. An emergency resolution object- By Council Member Cleveland. ing to the renewal of a D1, D2, D3 An emergency resolution object- and D3A Liquor Permit at 5351-53 ing to the renewal of a C2 and C2X Dolloff Road. Res. No. 1129-09. Liquor Permit at 3337 Central Ave- Whereas, the uniform date for By Council Member Cleveland. nue. renewal of liquor permits in the An emergency resolution object- Whereas, the uniform date for State of Ohio is October 1st; and ing to the renewal of a C1 Liquor renewal of liquor permits in the Whereas, pursuant to Section Permit at 7002 Cedar Avenue. State of Ohio is October 1st; and 4303.271 of the Revised Code, the leg- Whereas, the uniform date for Whereas, pursuant to Section islative authority of a municipal cor- renewal of liquor permits in the 4303.271 of the Revised Code, the poration may object to the renewal State of Ohio is October 1st; and legislative authority of a municipal of a permit based upon legal grounds Whereas, pursuant to Section corporation may object to the renew- as set forth in division (A) of 4303.271 of the Revised Code, the al of a permit based upon legal Revised Code Section 4303.292; and legislative authority of a municipal grounds as set forth in division (A) Whereas, the applicant is unfit to corporation may object to the renew- of Revised Code Section 4303.292; continue to engage in the liquor per- al of a permit based upon legal and mit business in that he has operat- grounds as set forth in division (A) Whereas, the applicant is unfit to ed his liquor permit business in a of Revised Code Section 4303.292; continue to engage in the liquor per- manner that demonstrates a disre- and mit business in that he has operat- gard for the laws, regulations or Whereas, the applicant is unfit to ed his liquor permit business in a local ordinances of the state, and continue to engage in the liquor per- manner that demonstrates a disre- that this objection is based on other mit business in that he has operat- gard for the laws, regulations or legal grounds as set forth in ed his liquor permit business in a local ordinances of the state, and Revised Code Section 4303.292; and manner that demonstrates a disre- that this objection is based on Whereas, this resolution consti- gard for the laws, regulations or other legal grounds as set forth tutes an emergency measure pro- local ordinances of the state, and in Revised Code Section 4303.292; viding for the immediate preserva- that this objection is based on and tion of the public peace, prosperi- other legal grounds as set forth Whereas, this resolution consti- ty, safety and welfare pursuant to in Revised Code Section 4303.292; tutes an emergency measure pro- Section 4303.271 of the Ohio and viding for the immediate preserva- Revised Code, objections to renew- Whereas, this resolution consti- tion of the public peace, prosperi- al of liquor permits shall be made tutes an emergency measure pro- ty, safety and welfare pursuant to no later than thirty days prior to viding for the immediate preserva- Section 4303.271 of the Ohio the expiration date of the permit; tion of the public peace, prosperi- Revised Code, objections to renew- now, therefore, ty, safety and welfare pursuant to al of liquor permits shall be made Be it resolved by the Council of Section 4303.271 of the Ohio Re- no later than thirty days prior to the City of Cleveland: vised Code, objections to renewal the expiration date of the permit; Section 1. That Council does here- of liquor permits shall be made no now, therefore, by record its objection to the renew- later than thirty days prior to the Be it resolved by the Council of al of a D1, D2, D3 and D3A Liquor expiration date of the permit; now, the City of Cleveland: Permit, Permit No. 9862110 owned by therefore, Section 1. That Council does here- Your Place and Mine, LLC, DBA Be it resolved by the Council of by record its objection to the re- Your Place and Mine, 5351-5353 the City of Cleveland: newal of a C2 and C2X Liquor Per- Dolloff Road, Cleveland, Ohio 44127, Section 1. That Council does here- mit, Permit No. 4034257 owned by and requests the Director of Liquor by record its objection to the renew- Pamela Hubbard, DBA McClain’s Control to set a hearing for said al of a C1 Liquor Permit, Permit No. Market, 3337 Central Avenue, Cleve- application in accordance with pro- 1351124 owned by Cedar 70 Inc., land, Ohio 44115, and requests the visions of Section 4303.271 of the DBA Upstate Market, 7002 Cedar Director of Liquor Control to set a Revised Code of Ohio. Avenue, Cleveland, Ohio 44103, and hearing for said application in Section 2. That the Clerk of Coun- requests the Director of Liquor Con- accordance with provisions of Sec- cil be and she is hereby directed to trol to set a hearing for said appli- tion 4303.271 of the Revised Code of transmit two certified copies of cation in accordance with provisions Ohio. this resolution, together with two 1539 74 The City Record August 12, 2009 copies of a letter of objection and that the hearing be held in Cleve- that, in the Director’s opinion, that two copies of a letter requesting land, Cuyahoga County, and a the objection is based upon sub- that the hearing be held in Cleve- statement by the Director of Law stantial legal grounds within the land, Cuyahoga County, and a that, in the Director’s opinion, that meaning and intent of division (A) statement by the Director of Law the objection is based upon sub- of Section 4303.292 of the Revised that, in the Director’s opinion, that stantial legal grounds within the Code to the Director of Liquor Con- the objection is based upon sub- meaning and intent of division (A) trol. stantial legal grounds within the of Section 4303.292 of the Revised Section 3. That this resolution is meaning and intent of division (A) Code to the Director of Liquor Con- hereby declared to be an emergency of Section 4303.292 of the Revised trol. measure and provided it receives the Code to the Director of Liquor Con- Section 3. That this resolution is affirmative vote of two-thirds of all trol. hereby declared to be an emergency the members elected to Council, it Section 3. That this resolution is measure and provided it receives the shall take effect and be in force hereby declared to be an emergency affirmative vote of two-thirds of all immediately upon its adoption and measure and provided it receives the the members elected to Council, it approval by the Mayor; otherwise, it affirmative vote of two-thirds of all shall take effect and be in force shall take effect and be in force the members elected to Council, it immediately upon its adoption and from and after the earliest period shall take effect and be in force approval by the Mayor; otherwise, it allowed by law. immediately upon its adoption and shall take effect and be in force Adopted August 5, 2009. approval by the Mayor; otherwise, it from and after the earliest period Awaiting the approval or disap- shall take effect and be in force allowed by law. proval of the Mayor. from and after the earliest period Adopted August 5, 2009. allowed by law. Awaiting the approval or disap- Adopted August 5, 2009. proval of the Mayor. Awaiting the approval or disap- Res. No. 1134-09. proval of the Mayor. By Council Member Johnson. An emergency resolution object- Res. No. 1133-09. ing to the renewal of a C1 and C2 By Council Member Cleveland. Liquor Permit at 8805 Buckeye Res. No. 1132-09. An emergency resolution object- Road. By Council Member Mitchell. ing to the renewal of a C1 and C2 Whereas, the uniform date for An emergency resolution object- Liquor Permit at 3363 East 93rd renewal of liquor permits in the ing to the renewal of a D1, D2 and Street. State of Ohio is October 1st; and D6 Liquor Permit at 1931 Coltman Whereas, the uniform date for Whereas, pursuant to Section Road, 1st floor. renewal of liquor permits in the 4303.271 of the Revised Code, the Whereas, the uniform date for State of Ohio is October 1st; and legislative authority of a municipal renewal of liquor permits in the Whereas, pursuant to Section corporation may object to the renew- State of Ohio is October 1st; and 4303.271 of the Revised Code, the al of a permit based upon legal Whereas, pursuant to Section legislative authority of a municipal grounds as set forth in division (A) 4303.271 of the Revised Code, the corporation may object to the renew- of Revised Code Section 4303.292; legislative authority of a municipal al of a permit based upon legal and corporation may object to the renew- grounds as set forth in division (A) Whereas, the applicant is unfit to al of a permit based upon legal of Revised Code Section 4303.292; continue to engage in the liquor per- grounds as set forth in division (A) and mit business in that he has operat- of Revised Code Section 4303.292; Whereas, the applicant is unfit to ed his liquor permit business in a and continue to engage in the liquor per- manner that demonstrates a disre- Whereas, the applicant is unfit to mit business in that he has operat- gard for the laws, regulations or continue to engage in the liquor ed his liquor permit business in a local ordinances of the state, and permit business in that he has manner that demonstrates a disre- that this objection is based on other operated his liquor permit business gard for the laws, regulations or legal grounds as set forth in in a manner that demonstrates a local ordinances of the state, and Revised Code Section 4303.292; and disregard for the laws, regulations that this objection is based on other Whereas, this resolution consti- or local ordinances of the state, legal grounds as set forth in tutes an emergency measure pro- and that this objection is based Revised Code Section 4303.292; and viding for the immediate preserva- on other legal grounds as set forth Whereas, this resolution consti- tion of the public peace, prosperi- in Revised Code Section 4303.292; tutes an emergency measure pro- ty, safety and welfare pursuant to and viding for the immediate preserva- Section 4303.271 of the Ohio Whereas, this resolution consti- tion of the public peace, prosperi- Revised Code, objections to renew- tutes an emergency measure pro- ty, safety and welfare pursuant to al of liquor permits shall be made viding for the immediate preserva- Section 4303.271 of the Ohio no later than thirty days prior to tion of the public peace, prosperi- Revised Code, objections to renew- the expiration date of the permit; ty, safety and welfare pursuant to al of liquor permits shall be made now, therefore, Section 4303.271 of the Ohio no later than thirty days prior to Be it resolved by the Council of Revised Code, objections to renew- the expiration date of the permit; the City of Cleveland: al of liquor permits shall be made now, therefore, Section 1. That Council does here- no later than thirty days prior to Be it resolved by the Council of by record its objection to the renew- the expiration date of the permit; the City of Cleveland: al of a C1 and C2 Liquor Permit, now, therefore, Section 1. That Council does here- Permit No. 1072870 owned by Buck- Be it resolved by the Council of by record its objection to the renew- eye One Stop, Inc., DBA Buckeye the City of Cleveland: al of a C1 and C2 Liquor Permit, Marathon, 8805 Buckeye Road, Section 1. That Council does here- Permit No. 68577350005 owned by Cleveland, Ohio 44104, and requests by record its objection to the renew- Pete Barrels, Inc., DBA Sunoco Fam- the Director of Liquor Control to set al of a D1, D2 and D6 Liquor Per- ily Food Express, 3363 East 93rd a hearing for said application in mit, Permit No. 8407828 owned by Street, Cleveland, Ohio 44104, and accordance with provisions of Sec- Carolyn Sparent, DBA Lou’s Tavern, requests the Director of Liquor Con- tion 4303.271 of the Revised Code of 1931 Coltman Road, 1st floor, Cleve- trol to set a hearing for said appli- Ohio. land, Ohio 44106, and requests the cation in accordance with provisions Section 2. That the Clerk of Coun- Director of Liquor Control to set a of Section 4303.271 of the Revised cil be and she is hereby directed to hearing for said application in Code of Ohio. transmit two certified copies of accordance with provisions of Sec- Section 2. That the Clerk of Coun- this resolution, together with two tion 4303.271 of the Revised Code of cil be and she is hereby directed to copies of a letter of objection and Ohio. transmit two certified copies of two copies of a letter requesting Section 2. That the Clerk of Coun- this resolution, together with two that the hearing be held in Cleve- cil be and she is hereby directed to copies of a letter of objection and land, Cuyahoga County, and a transmit two certified copies of two copies of a letter requesting statement by the Director of Law this resolution, together with two that the hearing be held in Cleve- that, in the Director’s opinion, that copies of a letter of objection and land, Cuyahoga County, and a the objection is based upon sub- two copies of a letter requesting statement by the Director of Law stantial legal grounds within the 1540 August 12, 2009 The City Record 75 meaning and intent of division (A) the members elected to Council, it approval by the Mayor; otherwise, it of Section 4303.292 of the Revised shall take effect and be in force shall take effect and be in force Code to the Director of Liquor Con- immediately upon its adoption and from and after the earliest period trol. approval by the Mayor; otherwise, it allowed by law. Section 3. That this resolution is shall take effect and be in force Adopted August 5, 2009. hereby declared to be an emergency from and after the earliest period Awaiting the approval or disap- measure and provided it receives the allowed by law. proval of the Mayor. affirmative vote of two-thirds of all Adopted August 5, 2009. the members elected to Council, it Awaiting the approval or disap- shall take effect and be in force proval of the Mayor. immediately upon its adoption and Res. No. 1137-09. approval by the Mayor; otherwise, it By Council Member Johnson. shall take effect and be in force An emergency resolution object- from and after the earliest period Res. No. 1136-09. ing to the renewal of a C1, C2 and allowed by law. By Council Member Johnson. D6 Liquor Permit at 3230 East 93rd Adopted August 5, 2009. An emergency resolution object- Street. Awaiting the approval or disap- ing to the renewal of a D1, D2, D3, Whereas, the uniform date for proval of the Mayor. D3A and D6 Liquor Permit at 11132 renewal of liquor permits in the Buckeye Road. State of Ohio is October 1st; and Whereas, the uniform date for Whereas, pursuant to Section renewal of liquor permits in the 4303.271 of the Revised Code, the Res. No. 1135-09. State of Ohio is October 1st; and legislative authority of a municipal By Council Member Johnson. Whereas, pursuant to Section corporation may object to the renew- An emergency resolution object- 4303.271 of the Revised Code, the al of a permit based upon legal ing to the renewal of a D5 Liquor legislative authority of a municipal grounds as set forth in division (A) Permit at 10008 Buckeye Road. corporation may object to the renew- of Revised Code Section 4303.292; and Whereas, the uniform date for al of a permit based upon legal Whereas, the applicant is unfit to renewal of liquor permits in the grounds as set forth in division (A) continue to engage in the liquor per- State of Ohio is October 1st; and of Revised Code Section 4303.292; mit business in that he has operat- Whereas, pursuant to Section and ed his liquor permit business in a 4303.271 of the Revised Code, the Whereas, the applicant is unfit to manner that demonstrates a disre- legislative authority of a municipal continue to engage in the liquor per- gard for the laws, regulations or corporation may object to the renew- mit business in that he has operat- local ordinances of the state, and al of a permit based upon legal ed his liquor permit business in a that this objection is based on other grounds as set forth in division (A) manner that demonstrates a disre- legal grounds as set forth in of Revised Code Section 4303.292; and gard for the laws, regulations or Revised Code Section 4303.292; and Whereas, the applicant is unfit to local ordinances of the state, and Whereas, this resolution consti- continue to engage in the liquor per- that this objection is based on other tutes an emergency measure provid- mit business in that he has operat- legal grounds as set forth in ing for the immediate preservation ed his liquor permit business in a Revised Code Section 4303.292; and of the public peace, prosperity, safe- manner that demonstrates a disre- Whereas, this resolution consti- ty and welfare pursuant to Section gard for the laws, regulations or tutes an emergency measure pro- 4303.271 of the Ohio Revised Code, local ordinances of the state, and viding for the immediate preserva- objections to renewal of liquor per- that this objection is based on other tion of the public peace, prosperi- mits shall be made no later than legal grounds as set forth in ty, safety and welfare pursuant to thirty days prior to the expiration Revised Code Section 4303.292; and Section 4303.271 of the Ohio date of the permit; now, therefore, Whereas, this resolution consti- Revised Code, objections to renew- Be it resolved by the Council of tutes an emergency measure provid- al of liquor permits shall be made the City of Cleveland: ing for the immediate preservation no later than thirty days prior to Section 1. That Council does here- of the public peace, prosperity, safe- the expiration date of the permit; by record its objection to the renew- ty and welfare pursuant to Section now, therefore, al of a C1, C2 and D6 Liquor Per- 4303.271 of the Ohio Revised Code, Be it resolved by the Council of mit, Permit No. 7974550 owned by objections to renewal of liquor per- the City of Cleveland: Semaan Marketing, Inc., 3230 East mits shall be made no later than Section 1. That Council does here- 93rd Street, Cleveland, Ohio 44104, thirty days prior to the expiration by record its objection to the renew- and requests the Director of Liquor date of the permit; now, therefore, al of a D1, D2, D3, D3A and D6 Control to set a hearing for said Be it resolved by the Council of Liquor Permit, Permit No. 6877045 application in accordance with pro- the City of Cleveland: owned by Phase III Corporation, visions of Section 4303.271 of the Section 1. That Council does here- DBA Phase III, 11132 Buckeye Road, Revised Code of Ohio. by record its objection to the renew- Box 20370, Cleveland, Ohio 44104, Section 2. That the Clerk of Coun- al of a D5 Liquor Permit, Permit No. and requests the Director of Liquor cil be and she is hereby directed to 72245520007 owned by Ray Por, Inc., Control to set a hearing for said transmit two certified copies of this DBA Eastwood Inn, 10008 Buckeye application in accordance with pro- resolution, together with two copies Road, Cleveland, Ohio 44104, and visions of Section 4303.271 of the of a letter of objection and two requests the Director of Liquor Con- Revised Code of Ohio. copies of a letter requesting that the trol to set a hearing for said appli- Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- cation in accordance with provisions cil be and she is hereby directed to hoga County, and a statement by the of Section 4303.271 of the Revised transmit two certified copies of Director of Law that, in the Direc- Code of Ohio. this resolution, together with two tor’s opinion, that the objection is Section 2. That the Clerk of Coun- copies of a letter of objection and based upon substantial legal grounds cil be and she is hereby directed to two copies of a letter requesting within the meaning and intent of transmit two certified copies of this that the hearing be held in Cleve- division (A) of Section 4303.292 of resolution, together with two copies land, Cuyahoga County, and a the Revised Code to the Director of of a letter of objection and two copies statement by the Director of Law Liquor Control. of a letter requesting that the hear- that, in the Director’s opinion, that Section 3. That this resolution is ing be held in Cleveland, Cuyahoga the objection is based upon sub- hereby declared to be an emergency County, and a statement by the Direc- stantial legal grounds within the measure and provided it receives the tor of Law that, in the Director’s meaning and intent of division (A) affirmative vote of two-thirds of all opinion, that the objection is based of Section 4303.292 of the Revised the members elected to Council, it upon substantial legal grounds with- Code to the Director of Liquor Con- shall take effect and be in force in the meaning and intent of division trol. immediately upon its adoption and (A) of Section 4303.292 of the Revised Section 3. That this resolution is approval by the Mayor; otherwise, it Code to the Director of Liquor Con- hereby declared to be an emergency shall take effect and be in force trol. measure and provided it receives the from and after the earliest period Section 3. That this resolution is affirmative vote of two-thirds of all allowed by law. hereby declared to be an emergency the members elected to Council, it Adopted August 5, 2009. measure and provided it receives the shall take effect and be in force Awaiting the approval or disap- affirmative vote of two-thirds of all immediately upon its adoption and proval of the Mayor. 1541 76 The City Record August 12, 2009

Res. No. 1138-09. Whereas, the uniform date for legislative authority of a municipal By Council Member Johnson. renewal of liquor permits in the corporation may object to the renew- An emergency resolution object- State of Ohio is October 1st; and al of a permit based upon legal ing to the renewal of a D5 Liquor Whereas, pursuant to Section grounds as set forth in division (A) Permit at 3019 East 116th Street. 4303.271 of the Revised Code, the of Revised Code Section 4303.292; Whereas, the uniform date for legislative authority of a municipal and renewal of liquor permits in the corporation may object to the renew- Whereas, the applicant is unfit to State of Ohio is October 1st; and al of a permit based upon legal continue to engage in the liquor per- Whereas, pursuant to Section grounds as set forth in division (A) mit business in that he has operat- 4303.271 of the Revised Code, the of Revised Code Section 4303.292; and ed his liquor permit business in a legislative authority of a municipal Whereas, the applicant is unfit to manner that demonstrates a disre- corporation may object to the renew- continue to engage in the liquor per- gard for the laws, regulations or al of a permit based upon legal mit business in that he has operat- local ordinances of the state, and grounds as set forth in division (A) ed his liquor permit business in a that this objection is based on other of Revised Code Section 4303.292; and manner that demonstrates a disre- legal grounds as set forth in Re- Whereas, the applicant is unfit to gard for the laws, regulations or vised Code Section 4303.292; and continue to engage in the liquor per- local ordinances of the state, and Whereas, this resolution consti- mit business in that he has operat- that this objection is based on other tutes an emergency measure pro- ed his liquor permit business in a legal grounds as set forth in viding for the immediate preserva- manner that demonstrates a disre- Revised Code Section 4303.292; and tion of the public peace, prosperi- gard for the laws, regulations or Whereas, this resolution consti- ty, safety and welfare pursuant to local ordinances of the state, and tutes an emergency measure pro- Section 4303.271 of the Ohio that this objection is based on other viding for the immediate preserva- Revised Code, objections to renew- legal grounds as set forth in tion of the public peace, prosperi- al of liquor permits shall be made Revised Code Section 4303.292; and ty, safety and welfare pursuant to no later than thirty days prior to Whereas, this resolution consti- Section 4303.271 of the Ohio the expiration date of the permit; tutes an emergency measure pro- Revised Code, objections to renew- now, therefore, viding for the immediate preserva- al of liquor permits shall be made Be it resolved by the Council of tion of the public peace, prosperi- no later than thirty days prior to the City of Cleveland: ty, safety and welfare pursuant to the expiration date of the permit; Section 1. That Council does here- Section 4303.271 of the Ohio Re- now, therefore, by record its objection to the renew- vised Code, objections to renewal Be it resolved by the Council of al of a C1 and C2 Liquor Permit, of liquor permits shall be made no the City of Cleveland: Permit No. 2175712 owned by John later than thirty days prior to the Section 1. That Council does here- Dimmian, 383 East 156th Street, expiration date of the permit; now, by record its objection to the renew- Cleveland, Ohio 44110, and requests therefore, al of a D2 and D2X Liquor Permit, the Director of Liquor Control to set Be it resolved by the Council of Permit No. 6591675 owned by Ossie, a hearing for said application in the City of Cleveland: Inc., DBA Kinsman Shell, 9203 Kins- accordance with provisions of Sec- Section 1. That Council does here- man Road, Cleveland, Ohio 44104, tion 4303.271 of the Revised Code of by record its objection to the renew- and requests the Director of Liquor Ohio. al of a D5 Liquor Permit, Permit No. Control to set a hearing for said Section 2. That the Clerk of Coun- 1896113 owned by Albert Dailey, application in accordance with pro- cil be and she is hereby directed to DBA Dailey’s, 3019 East 116th Street, visions of Section 4303.271 of the transmit two certified copies of Cleveland, Ohio 44120, and requests Revised Code of Ohio. this resolution, together with two the Director of Liquor Control to set Section 2. That the Clerk of Coun- copies of a letter of objection and a hearing for said application in cil be and she is hereby directed to two copies of a letter requesting accordance with provisions of Sec- transmit two certified copies of that the hearing be held in Cleve- tion 4303.271 of the Revised Code of this resolution, together with two land, Cuyahoga County, and a Ohio. copies of a letter of objection and statement by the Director of Law Section 2. That the Clerk of Coun- two copies of a letter requesting that, in the Director’s opinion, that cil be and she is hereby directed to that the hearing be held in Cleve- the objection is based upon sub- transmit two certified copies of land, Cuyahoga County, and a stantial legal grounds within the this resolution, together with two statement by the Director of Law meaning and intent of division (A) copies of a letter of objection and that, in the Director’s opinion, that of Section 4303.292 of the Revised two copies of a letter requesting the objection is based upon sub- Code to the Director of Liquor Con- that the hearing be held in Cleve- stantial legal grounds within the trol. land, Cuyahoga County, and a meaning and intent of division (A) Section 3. That this resolution is statement by the Director of Law of Section 4303.292 of the Revised hereby declared to be an emergency that, in the Director’s opinion, that Code to the Director of Liquor Con- measure and provided it receives the the objection is based upon sub- trol. affirmative vote of two-thirds of all stantial legal grounds within the Section 3. That this resolution is the members elected to Council, it meaning and intent of division (A) hereby declared to be an emergency shall take effect and be in force of Section 4303.292 of the Revised measure and provided it receives the immediately upon its adoption and Code to the Director of Liquor Con- affirmative vote of two-thirds of all approval by the Mayor; otherwise, it trol. the members elected to Council, it shall take effect and be in force Section 3. That this resolution is shall take effect and be in force from and after the earliest period hereby declared to be an emergency immediately upon its adoption and allowed by law. measure and provided it receives the approval by the Mayor; otherwise, it Adopted August 5, 2009. affirmative vote of two-thirds of all shall take effect and be in force Awaiting the approval or disap- the members elected to Council, it from and after the earliest period proval of the Mayor. shall take effect and be in force allowed by law. immediately upon its adoption and Adopted August 5, 2009. approval by the Mayor; otherwise, it Awaiting the approval or disap- shall take effect and be in force proval of the Mayor. Res. No. 1141-09. from and after the earliest period By Council Member Polensek. allowed by law. An emergency resolution object- Adopted August 5, 2009. ing to a New C1 Liquor Permit at Awaiting the approval or disap- Res. No. 1140-09. 15609 Lakeshore Boulevard. proval of the Mayor. By Council Member Polensek. Whereas, Council has been noti- An emergency resolution object- fied by the Department of Liquor ing to the renewal of a C1 and C2 Control of an application for a New Liquor Permit at 383 East 156th C1 Liquor Permit at Walgreen Co., Res. No. 1139-09. Street. DBA Walgreen’s #03307, 15609 Lake- By Council Member Johnson. Whereas, the uniform date for shore Boulevard, Cleveland, Ohio 44110, An emergency resolution object- renewal of liquor permits in the Permanent Number 935794103307; and ing to the renewal of a D2 and D2X State of Ohio is October 1st; and Whereas, the granting of this Liquor Permit at 9203 Kinsman Whereas, pursuant to Section application for a liquor permit to Road. 4303.271 of the Revised Code, the this high crime area, which is 1542 August 12, 2009 The City Record 77 already saturated with other liquor Permit from 16826 Lakeshore Boule- Res. No. 1143-09. outlets, is contrary to the best inter- vard, Inc., 16826 Lakeshore Boule- By Council Member Polensek. ests of the entire community; and vard, Cleveland, Ohio 44110, Perma- An emergency resolution object- Whereas, the applicant does not nent Number 7551142 to Lakeshore ing to the renewal of a C1 and C2 qualify to be a permit holder and/or Cocktails, LLC, 16826 Lakeshore Liquor Permit at 18506 St. Clair has demonstrated that he has oper- Boulevard, Cleveland, Ohio 44110, Avenue. ated his liquor business in disregard Permanent Number 4979600; and Whereas, the uniform date for of the laws, regulations or local Whereas, the granting of this ap- renewal of liquor permits in the ordinances of this state or any other plication for a liquor permit to this State of Ohio is October 1st; and state; and high crime area, which is already Whereas, pursuant to Section Whereas, the place for which the saturated with other liquor outlets, 4303.271 of the Revised Code, the leg- permit is sought has not conformed is contrary to the best interests of islative authority of a municipal cor- to the building, safety or health the entire community; and poration may object to the renewal requirements of the governing body Whereas, the applicant does not of a permit based upon legal grounds of this County or City; and qualify to be a permit holder and/or as set forth in division (A) of Re- Whereas, the place for which the has demonstrated that he has oper- vised Code Section 4303.292; and permit is sought is so arranged or ated his liquor business in disregard Whereas, the applicant is unfit to constructed that law enforcement of- of the laws, regulations or local continue to engage in the liquor per- ficers or agents of the Department of ordinances of this state or any other mit business in that he has operat- Liquor Control are prevented reason- state; and ed his liquor permit business in a able access to the establishment; and Whereas, the place for which the manner that demonstrates a disre- Whereas, the place for which the permit is sought has not conformed gard for the laws, regulations or to the building, safety or health permit is sought is so located with local ordinances of the state, and requirements of the governing body respect to the neighborhood that it that this objection is based on other of this County or City; and substantially interferes with public legal grounds as set forth in Whereas, the place for which the decency, sobriety, peace or good Revised Code Section 4303.292; and permit is sought is so arranged or order; and Whereas, this resolution consti- constructed that law enforcement Whereas, this objection is based on tutes an emergency measure provid- officers or agents of the Department other legal grounds as set forth in of Liquor Control are prevented rea- ing for the immediate preservation Revised Code Section 4303.292; and sonable access to the establishment; of the public peace, prosperity, safe- Whereas, this resolution consti- and ty and welfare pursuant to Section tutes an emergency measure provid- Whereas, the place for which the 4303.271 of the Ohio Revised Code, ing for the immediate preservation permit is sought is so located with objections to renewal of liquor per- of the public peace, prosperity, safe- respect to the neighborhood that it mits shall be made no later than ty and welfare pursuant to Section substantially interferes with public thirty days prior to the expiration 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good date of the permit; now, therefore, Council’s objection to said permit order; and Be it resolved by the Council of must be received by the Director of Whereas, this objection is based on the City of Cleveland: Liquor Control within 30 days of other legal grounds as set forth in Section 1. That Council does here- notification; now, therefore, Revised Code Section 4303.292; and by record its objection to the renew- Be it resolved by the Council of Whereas, this resolution consti- al of a C1 and C2 Liquor Permit, the City of Cleveland: tutes an emergency measure provid- Permit No. 1879570005 owned by D B Section 1. That Council does here- ing for the immediate preservation Ohio Enterprise, Inc., DBA Food by record its objection to a New C1 of the public peace, prosperity, safe- Plus All, 18506 St. Clair Avenue, Liquor Permit at Walgreen Co., DBA ty and welfare pursuant to Section Cleveland, Ohio 44110, and requests Walgreen’s #03307, 15609 Lakeshore 4303.26 of the Ohio Revised Code. the Director of Liquor Control to set Boulevard, Cleveland, Ohio 44110, Council’s objection to said permit a hearing for said application in Permanent Number 935794103307, must be received by the Director of accordance with provisions of Sec- and requests the Director of Liquor Liquor Control within 30 days of tion 4303.271 of the Revised Code of Control to set a hearing for said notification; now, therefore, Ohio. application in accordance with pro- Be it resolved by the Council of Section 2. That the Clerk of Coun- visions of Section 4303.26 of the the City of Cleveland: cil be and she is hereby directed to Revised Code of Ohio. Section 1. That Council does here- transmit two certified copies of this Section 2. That the Clerk of Coun- by record its objection to the trans- resolution, together with two copies cil be and she is hereby directed to fer of ownership of a D5 Liquor Per- of a letter of objection and two transmit two certified copies of this mit from 16826 Lakeshore Boule- copies of a letter requesting that the resolution, together with two copies vard, Inc., 16826 Lakeshore Boule- hearing be held in Cleveland, Cuya- of a letter of objection and two vard, Cleveland, Ohio 44110, Perma- hoga County, and a statement by the copies of a letter requesting that the nent Number 7551142 to Lakeshore Director of Law that, in the Direc- hearing be held in Cleveland, Cuya- Cocktails, LLC, 16826 Lakeshore tor’s opinion, that the objection is hoga County. Boulevard, Cleveland, Ohio 44110, based upon substantial legal grounds Section 3. That this resolution is Permanent Number 4979600; and within the meaning and intent of hereby declared to be an emergency requests the Director of Liquor Con- division (A) of Section 4303.292 of measure and provided it receives the trol to set a hearing for said appli- the Revised Code to the Director of cation in accordance with provisions affirmative vote of two-thirds of all Liquor Control. of Section 4303.26 of the Revised the members elected to Council, it Section 3. That this resolution is Code of Ohio. shall take effect and be in force hereby declared to be an emergency Section 2. That the Clerk of Coun- immediately upon its adoption and measure and provided it receives the cil be and she is hereby directed to approval by the Mayor; otherwise, it affirmative vote of two-thirds of all transmit two certified copies of this shall take effect and be in force resolution, together with two copies the members elected to Council, it from and after the earliest period of a letter of objection and two shall take effect and be in force allowed by law. copies of a letter requesting that the immediately upon its adoption and Adopted August 5, 2009. hearing be held in Cleveland, Cuya- approval by the Mayor; otherwise, it Awaiting the approval or disap- hoga County. shall take effect and be in force proval of the Mayor. Section 3. That this resolution is from and after the earliest period hereby declared to be an emergency allowed by law. measure and provided it receives the Adopted August 5, 2009. affirmative vote of two-thirds of all Awaiting the approval or disap- Res. No. 1142-09. the members elected to Council, it proval of the Mayor. By Council Member Polensek. shall take effect and be in force An emergency resolution object- immediately upon its adoption and ing to the transfer of ownership of approval by the Mayor; otherwise, it a D5 Liquor Permit to 16826 Lake- shall take effect and be in force Res. No. 1144-09. shore Bouelvard. from and after the earliest period By Council Member Reed. Whereas, Council has been noti- allowed by law. An emergency resolution object- fied by the Department of Liquor Adopted August 5, 2009. ing to the renewal of a D2, D2X, D3 Control of an application for the Awaiting the approval or disap- and D3A Liquor Permit at 4005-07 transfer of ownership of a D5 Liquor proval of the Mayor. East 131st Street. 1543 78 The City Record August 12, 2009

Whereas, the uniform date for legislative authority of a municipal grounds as set forth in division (A) renewal of liquor permits in the corporation may object to the renew- of Revised Code Section 4303.292; State of Ohio is October 1st; and al of a permit based upon legal and Whereas, pursuant to Section grounds as set forth in division (A) Whereas, the applicant is unfit to 4303.271 of the Revised Code, the of Revised Code Section 4303.292; continue to engage in the liquor per- legislative authority of a municipal and mit business in that he has operat- corporation may object to the renew- Whereas, the applicant is unfit to ed his liquor permit business in a al of a permit based upon legal continue to engage in the liquor per- manner that demonstrates a disre- grounds as set forth in division (A) mit business in that he has operat- gard for the laws, regulations or of Revised Code Section 4303.292; ed his liquor permit business in a local ordinances of the state, and and manner that demonstrates a disre- that this objection is based on other Whereas, the applicant is unfit to gard for the laws, regulations or legal grounds as set forth in continue to engage in the liquor per- local ordinances of the state, and Revised Code Section 4303.292; and mit business in that he has operat- that this objection is based on other Whereas, this resolution consti- ed his liquor permit business in a legal grounds as set forth in tutes an emergency measure pro- manner that demonstrates a disre- Revised Code Section 4303.292; and viding for the immediate preserva- gard for the laws, regulations or Whereas, this resolution consti- tion of the public peace, prosperi- local ordinances of the state, and tutes an emergency measure pro- ty, safety and welfare pursuant to that this objection is based on other viding for the immediate preserva- Section 4303.271 of the Ohio Re- legal grounds as set forth in tion of the public peace, prosperi- vised Code, objections to renewal Revised Code Section 4303.292; and ty, safety and welfare pursuant to of liquor permits shall be made no Whereas, this resolution consti- Section 4303.271 of the Ohio Re- later than thirty days prior to the tutes an emergency measure pro- vised Code, objections to renewal expiration date of the permit; now, viding for the immediate preserva- of liquor permits shall be made no therefore, tion of the public peace, prosperi- later than thirty days prior to the Be it resolved by the Council of ty, safety and welfare pursuant to expiration date of the permit; now, the City of Cleveland: Section 4303.271 of the Ohio therefore, Section 1. That Council does here- Revised Code, objections to renew- Be it resolved by the Council of by record its objection to the renew- al of liquor permits shall be made the City of Cleveland: al of a C1 and C2 Liquor Permit, no later than thirty days prior to Section 1. That Council does here- Permit No. 0505406 owned by Robert the expiration date of the permit; by record its objection to the renew- Dale Batch, DBA Your Snack Shack, now, therefore, al of a C2 and C2X Liquor Permit, 14300 Kinsman Road, 1st floor and Be it resolved by the Council of Permit No. 0300177 owned by Nader basement, Cleveland, Ohio 44120, and the City of Cleveland: Assad, DBA One Stop Market, 3744 requests the Director of Liquor Con- Section 1. That Council does here- East 144th Street, 1st floor only, trol to set a hearing for said appli- by record its objection to the renew- Cleveland, Ohio 44120 and requests cation in accordance with provisions al of a D2, D2X, D3 and D3A Liquor the Director of Liquor Control to set of Section 4303.271 of the Revised Permit, Permit No. 9819313 owned by a hearing for said application in Code of Ohio. Yar Rum, Inc., DBA Murray’s, 4005- accordance with provisions of Sec- Section 2. That the Clerk of Coun- 07 East 131st Street, Cleveland, Ohio tion 4303.271 of the Revised Code of cil be and she is hereby directed to 44105, and requests the Director of Ohio. transmit two certified copies of Liquor Control to set a hearing for Section 2. That the Clerk of Coun- this resolution, together with two said application in accordance with cil be and she is hereby directed to copies of a letter of objection and provisions of Section 4303.271 of the transmit two certified copies of two copies of a letter requesting Revised Code of Ohio. this resolution, together with two that the hearing be held in Cleve- Section 2. That the Clerk of Coun- copies of a letter of objection and land, Cuyahoga County, and a cil be and she is hereby directed to two copies of a letter requesting statement by the Director of Law transmit two certified copies of this that the hearing be held in Cleve- that, in the Director’s opinion, that resolution, together with two copies land, Cuyahoga County, and a the objection is based upon sub- of a letter of objection and two statement by the Director of Law stantial legal grounds within the copies of a letter requesting that the that, in the Director’s opinion, that meaning and intent of division (A) hearing be held in Cleveland, Cuya- the objection is based upon sub- of Section 4303.292 of the Revised hoga County, and a statement by the stantial legal grounds within the Code to the Director of Liquor Con- Director of Law that, in the Direc- meaning and intent of division (A) trol. tor’s opinion, that the objection is of Section 4303.292 of the Revised Section 3. That this resolution is based upon substantial legal grounds Code to the Director of Liquor Con- hereby declared to be an emergency within the meaning and intent of trol. measure and provided it receives the division (A) of Section 4303.292 of the Section 3. That this resolution is affirmative vote of two-thirds of all Revised Code to the Director of hereby declared to be an emergency the members elected to Council, it Liquor Control. measure and provided it receives the shall take effect and be in force Section 3. That this resolution is affirmative vote of two-thirds of all immediately upon its adoption and hereby declared to be an emergency the members elected to Council, it approval by the Mayor; otherwise, it measure and provided it receives the shall take effect and be in force shall take effect and be in force affirmative vote of two-thirds of all immediately upon its adoption and from and after the earliest period the members elected to Council, it approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force shall take effect and be in force Adopted August 5, 2009. immediately upon its adoption and from and after the earliest period Awaiting the approval or disap- approval by the Mayor; otherwise, it allowed by law. proval of the Mayor. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Awaiting the approval or disap- allowed by law. proval of the Mayor. Adopted August 5, 2009. Res. No. 1147-09. Awaiting the approval or disap- By Council Member Reed. proval of the Mayor. An emergency resolution object- Res. No. 1146-09. ing to the renewal of a D5 and D6 By Council Member Reed. Liquor Permit at 10300 Union Ave- An emergency resolution object- nue. Res. No. 1145-09. ing to the renewal of a C1 and C2 Whereas, the uniform date for By Council Member Reed. Liquor Permit at 14300 Kinsman renewal of liquor permits in the An emergency resolution object- Road, 1st floor and basement. State of Ohio is October 1st; and ing to the renewal of a C2 and C2X Whereas, the uniform date for Whereas, pursuant to Section Liquor Permit at 3744 East 144th renewal of liquor permits in the 4303.271 of the Revised Code, the Street, 1st floor only. State of Ohio is October 1st; and legislative authority of a municipal Whereas, the uniform date for Whereas, pursuant to Section corporation may object to the renew- renewal of liquor permits in the 4303.271 of the Revised Code, the al of a permit based upon legal State of Ohio is October 1st; and legislative authority of a municipal grounds as set forth in division (A) Whereas, pursuant to Section corporation may object to the renew- of Revised Code Section 4303.292; 4303.271 of the Revised Code, the al of a permit based upon legal and 1544 August 12, 2009 The City Record 79

Whereas, the applicant is unfit to ed his liquor permit business in a and that this objection is based on continue to engage in the liquor per- manner that demonstrates a disre- other legal grounds as set forth mit business in that he has operat- gard for the laws, regulations or in Revised Code Section 4303.292; ed his liquor permit business in a local ordinances of the state, and and manner that demonstrates a disre- that this objection is based on other Whereas, this resolution consti- gard for the laws, regulations or legal grounds as set forth in tutes an emergency measure pro- local ordinances of the state, and Revised Code Section 4303.292; and viding for the immediate preserva- that this objection is based on other Whereas, this resolution consti- tion of the public peace, prosperi- legal grounds as set forth in Re- tutes an emergency measure pro- ty, safety and welfare pursuant to vised Code Section 4303.292; and viding for the immediate preserva- Section 4303.271 of the Ohio Whereas, this resolution consti- tion of the public peace, prosperi- Revised Code, objections to renew- tutes an emergency measure pro- ty, safety and welfare pursuant to al of liquor permits shall be made viding for the immediate preserva- Section 4303.271 of the Ohio Re- no later than thirty days prior to tion of the public peace, prosperi- vised Code, objections to renewal the expiration date of the permit; ty, safety and welfare pursuant to of liquor permits shall be made no now, therefore, Section 4303.271 of the Ohio Re- later than thirty days prior to the Be it resolved by the Council of vised Code, objections to renewal expiration date of the permit; now, the City of Cleveland: of liquor permits shall be made no therefore, Section 1. That Council does here- later than thirty days prior to the Be it resolved by the Council of by record its objection to the expiration date of the permit; now, the City of Cleveland: renewal of a C1 Liquor Permit, Per- therefore, Section 1. That Council does here- mit No. 6527435 owned by OLA 3226 Be it resolved by the Council of by record its objection to the Inc., 3226 Clark Avenue, Cleveland, the City of Cleveland: renewal of a C1, C2 and D6 Liquor Ohio 44109, and requests the Direc- Section 1. That Council does here- Permit, Permit No. 6371287 owned tor of Liquor Control to set a hear- by record its objection to the by New Coast, Inc., DBA Union ing for said application in accor- renewal of a D5 and D6 Liquor Per- Deli, 12408 Union Avenue, Cleve- dance with provisions of Section mit, Permit No. 6549357 owned by land, Ohio 44105, and requests the 4303.271 of the Revised Code of 10300 Union, Inc., DBA LaRobbs Director of Liquor Control to set a Ohio. Nightclub, 10300 Union Avenue, hearing for said application in Section 2. That the Clerk of Coun- Cleveland, Ohio 44105, and requests accordance with provisions of Sec- cil be and she is hereby directed to the Director of Liquor Control to tion 4303.271 of the Revised Code of transmit two certified copies of set a hearing for said application Ohio. this resolution, together with two in accordance with provisions of Section 2. That the Clerk of Coun- copies of a letter of objection and Section 4303.271 of the Revised cil be and she is hereby directed to two copies of a letter requesting Code of Ohio. transmit two certified copies of that the hearing be held in Cleve- Section 2. That the Clerk of Coun- this resolution, together with two land, Cuyahoga County, and a cil be and she is hereby directed to copies of a letter of objection and statement by the Director of Law transmit two certified copies of two copies of a letter requesting that, in the Director’s opinion, that this resolution, together with two that the hearing be held in Cleve- the objection is based upon sub- copies of a letter of objection and land, Cuyahoga County, and a stantial legal grounds within the two copies of a letter requesting statement by the Director of Law meaning and intent of division (A) that the hearing be held in Cleve- that, in the Director’s opinion, that of Section 4303.292 of the Revised land, Cuyahoga County, and a the objection is based upon sub- Code to the Director of Liquor Con- statement by the Director of Law stantial legal grounds within the trol. that, in the Director’s opinion, that meaning and intent of division (A) Section 3. That this resolution is the objection is based upon sub- of Section 4303.292 of the Revised hereby declared to be an emergency stantial legal grounds within the Code to the Director of Liquor Con- measure and provided it receives the meaning and intent of division (A) trol. affirmative vote of two-thirds of all of Section 4303.292 of the Revised Section 3. That this resolution is the members elected to Council, it Code to the Director of Liquor Con- hereby declared to be an emergency shall take effect and be in force trol. measure and provided it receives the immediately upon its adoption and Section 3. That this resolution is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it hereby declared to be an emergency the members elected to Council, it shall take effect and be in force measure and provided it receives the shall take effect and be in force from and after the earliest period affirmative vote of two-thirds of all immediately upon its adoption and allowed by law. the members elected to Council, it approval by the Mayor; otherwise, it Adopted August 5, 2009. shall take effect and be in force shall take effect and be in force Awaiting the approval or disap- immediately upon its adoption and from and after the earliest period proval of the Mayor. approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Awaiting the approval or disap- allowed by law. proval of the Mayor. Res. No. 1150-09. Adopted August 5, 2009. By Council Member Santiago. Awaiting the approval or disap- An emergency resolution object- proval of the Mayor. ing to the renewal of a D5 Liquor Res. No. 1149-09. Permit at 3382 West 44th Street. By Council Member Santiago. Whereas, the uniform date for An emergency resolution object- renewal of liquor permits in the Res. No. 1148-09. ing to the renewal of a C1 Liquor State of Ohio is October 1st; and By Council Member Reed. Permit at 3226 Clark Avenue. Whereas, pursuant to Section An emergency resolution object- Whereas, the uniform date for 4303.271 of the Revised Code, the ing to the renewal of a C1, C2 and renewal of liquor permits in the legislative authority of a municipal D6 Liquor Permit at 12408 Union State of Ohio is October 1st; and corporation may object to the renew- Avenue. Whereas, pursuant to Section al of a permit based upon legal Whereas, the uniform date for 4303.271 of the Revised Code, the grounds as set forth in division (A) renewal of liquor permits in the legislative authority of a municipal of Revised Code Section 4303.292; State of Ohio is October 1st; and corporation may object to the renew- and Whereas, pursuant to Section al of a permit based upon legal Whereas, the applicant is unfit 4303.271 of the Revised Code, the grounds as set forth in division (A) to continue to engage in the liquor legislative authority of a municipal of Revised Code Section 4303.292; permit business in that he has corporation may object to the renew- and operated his liquor permit business al of a permit based upon legal Whereas, the applicant is unfit to in a manner that demonstrates a grounds as set forth in division (A) continue to engage in the liquor disregard for the laws, regulations of Revised Code Section 4303.292; permit business in that he has or local ordinances of the state, and operated his liquor permit business and that this objection is based Whereas, the applicant is unfit to in a manner that demonstrates a on other legal grounds as set forth continue to engage in the liquor per- disregard for the laws, regulations in Revised Code Section 4303.292; mit business in that he has operat- or local ordinances of the state, and 1545 80 The City Record August 12, 2009

Whereas, this resolution consti- tion of the public peace, prosperi- of liquor permits shall be made no tutes an emergency measure pro- ty, safety and welfare pursuant to later than thirty days prior to the viding for the immediate preserva- Section 4303.271 of the Ohio Re- expiration date of the permit; now, tion of the public peace, prosperi- vised Code, objections to renewal therefore, ty, safety and welfare pursuant to of liquor permits shall be made no Be it resolved by the Council of Section 4303.271 of the Ohio Re- later than thirty days prior to the the City of Cleveland: vised Code, objections to renewal expiration date of the permit; now, Section 1. That Council does here- of liquor permits shall be made no therefore, by record its objection to the renew- later than thirty days prior to the Be it resolved by the Council of al of a C2 and C2X Liquor Permit, expiration date of the permit; now, the City of Cleveland: Permit No. 6416088 owned by Ninety- therefore, Section 1. That Council does here- Three Miles, Inc., DBA Convenience Be it resolved by the Council of by record its objection to the renew- Plus Food Mart, 9305 Miles Avenue, the City of Cleveland: al of a C2 and C2X Liquor Permit, Cleveland, Ohio 44105, and requests Section 1. That Council does here- Permit No. 7748288 owned by SAS the Director of Liquor Control to set by record its objection to the renew- Enterprises of Ohio, LLC, DBA Cor- a hearing for said application in al of a D5 Liquor Permit, Permit No. lett Mini Stop, 12401 Corlett Avenue, accordance with provisions of Sec- 1639762 owned by Heriberto Colon, 1st floor, Cleveland, Ohio 44105, and tion 4303.271 of the Revised Code of DBA El Tropical, 3382 West 44th requests the Director of Liquor Con- Ohio. Street, 1st floor rear and basement, trol to set a hearing for said appli- Section 2. That the Clerk of Coun- Cleveland, Ohio 44109, and requests cation in accordance with provisions cil be and she is hereby directed to the Director of Liquor Control to set of Section 4303.271 of the Revised transmit two certified copies of a hearing for said application in Code of Ohio. this resolution, together with two accordance with provisions of Sec- Section 2. That the Clerk of Coun- copies of a letter of objection and tion 4303.271 of the Revised Code of cil be and she is hereby directed to two copies of a letter requesting Ohio. transmit two certified copies of that the hearing be held in Cleve- Section 2. That the Clerk of Coun- this resolution, together with two land, Cuyahoga County, and a cil be and she is hereby directed to copies of a letter of objection and statement by the Director of Law transmit two certified copies of two copies of a letter requesting that, in the Director’s opinion, that this resolution, together with two that the hearing be held in Cleve- the objection is based upon sub- copies of a letter of objection and land, Cuyahoga County, and a stantial legal grounds within the two copies of a letter requesting statement by the Director of Law meaning and intent of division (A) that the hearing be held in Cleve- that, in the Director’s opinion, that of Section 4303.292 of the Revised land, Cuyahoga County, and a the objection is based upon sub- Code to the Director of Liquor Con- statement by the Director of Law stantial legal grounds within the trol. that, in the Director’s opinion, that meaning and intent of division (A) Section 3. That this resolution is the objection is based upon sub- of Section 4303.292 of the Revised hereby declared to be an emergency stantial legal grounds within the Code to the Director of Liquor Con- measure and provided it receives the meaning and intent of division (A) trol. affirmative vote of two-thirds of all of Section 4303.292 of the Revised Section 3. That this resolution is the members elected to Council, it Code to the Director of Liquor Con- hereby declared to be an emergency shall take effect and be in force trol. measure and provided it receives the immediately upon its adoption and Section 3. That this resolution is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it hereby declared to be an emergency the members elected to Council, it shall take effect and be in force measure and provided it receives the shall take effect and be in force from and after the earliest period affirmative vote of two-thirds of all immediately upon its adoption and allowed by law. the members elected to Council, it approval by the Mayor; otherwise, it Adopted August 5, 2009. shall take effect and be in force shall take effect and be in force Awaiting the approval or disap- immediately upon its adoption and from and after the earliest period proval of the Mayor. approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Awaiting the approval or disap- allowed by law. proval of the Mayor. Res. No. 1153-09. Adopted August 5, 2009. By Council Member Wilkes. Awaiting the approval or disap- An emergency resolution object- proval of the Mayor. ing to the renewal of a C2, C2X and Res. No. 1152-09. D6 Liquor Permit at 11609 Miles By Council Member Wilkes. Avenue. An emergency resolution object- Whereas, the uniform date for Res. No. 1151-09. ing to the renewal of a C2 and C2X renewal of liquor permits in the By Council Member Wilkes. Liquor Permit at 9305 Miles Avenue. State of Ohio is October 1st; and An emergency resolution object- Whereas, the uniform date for Whereas, pursuant to Section ing to the renewal of a C2 and C2X renewal of liquor permits in the 4303.271 of the Revised Code, the Liquor Permit at 12401 Corlett Ave- State of Ohio is October 1st; and legislative authority of a municipal nue. Whereas, pursuant to Section corporation may object to the renew- Whereas, the uniform date for 4303.271 of the Revised Code, the al of a permit based upon legal renewal of liquor permits in the legislative authority of a municipal grounds as set forth in division (A) State of Ohio is October 1st; and corporation may object to the renew- of Revised Code Section 4303.292; and Whereas, pursuant to Section al of a permit based upon legal Whereas, the applicant is unfit to 4303.271 of the Revised Code, the grounds as set forth in division (A) continue to engage in the liquor per- legislative authority of a municipal of Revised Code Section 4303.292; mit business in that he has operat- corporation may object to the renew- and ed his liquor permit business in a al of a permit based upon legal Whereas, the applicant is unfit to manner that demonstrates a disre- grounds as set forth in division (A) continue to engage in the liquor per- gard for the laws, regulations or of Revised Code Section 4303.292; mit business in that he has operat- local ordinances of the state, and and ed his liquor permit business in a that this objection is based on other Whereas, the applicant is unfit to manner that demonstrates a disre- legal grounds as set forth in Re- continue to engage in the liquor per- gard for the laws, regulations or vised Code Section 4303.292; and mit business in that he has operat- local ordinances of the state, and Whereas, this resolution consti- ed his liquor permit business in a that this objection is based on other tutes an emergency measure pro- manner that demonstrates a disre- legal grounds as set forth in Re- viding for the immediate preserva- gard for the laws, regulations or vised Code Section 4303.292; and tion of the public peace, prosperity, local ordinances of the state, and Whereas, this resolution consti- safety and welfare pursuant to Sec- that this objection is based on other tutes an emergency measure pro- tion 4303.271 of the Ohio Revised legal grounds as set forth in Re- viding for the immediate preserva- Code, objections to renewal of vised Code Section 4303.292; and tion of the public peace, prosperi- liquor permits shall be made no Whereas, this resolution consti- ty, safety and welfare pursuant to later than thirty days prior to the tutes an emergency measure pro- Section 4303.271 of the Ohio Re- expiration date of the permit; now, viding for the immediate preserva- vised Code, objections to renewal therefore, 1546 August 12, 2009 The City Record 81

Be it resolved by the Council of Whereas, this objection is based later than thirty days prior to the the City of Cleveland: on other legal grounds as set forth expiration date of the permit; now, Section 1. That Council does here- in Revised Code Section 4303.292; therefore, by record its objection to the renew- and Be it resolved by the Council of al of a C2, C2X and D6 Liquor Per- Whereas, this resolution consti- the City of Cleveland: mit, Permit No. 3479133 owned by tutes an emergency measure pro- Section 1. That Council does here- Habibi, Inc,. DBA Frank’s Marathon, viding for the immediate preserva- by record its objection to the renew- 11609 Miles Avenue, Cleveland, Ohio tion of the public peace, prosperi- al of a C1 and C2 Liquor Permit, 44195, and requests the Director of ty, safety and welfare pursuant to Permit No. 4118409 owned by Ibald, Liquor Control to set a hearing for Section 4303.26 of the Ohio Revised Inc., DBA American Food Mart, 2603 said application in accordance with Code. Council’s objection to said Woodhill Avenue, Cleveland, Ohio provisions of Section 4303.271 of the permit must be received by the 44104, and requests the Director of Revised Code of Ohio. Director of Liquor Control within Liquor Control to set a hearing for Section 2. That the Clerk of Coun- 30 days of notification; now, there- said application in accordance with cil be and she is hereby directed to fore, provisions of Section 4303.271 of the transmit two certified copies of this Be it resolved by the Council of Revised Code of Ohio. resolution, together with two copies the City of Cleveland: Section 2. That the Clerk of Coun- of a letter of objection and two Section 1. That Council does here- cil be and she is hereby directed to copies of a letter requesting that the by record its objection to a New C2 transmit two certified copies of hearing be held in Cleveland, Cuya- Liquor Permit at Free Phone For this resolution, together with two hoga County, and a statement by the You, Inc., 13712 Lorain Avenue, copies of a letter of objection and Director of Law that, in the Direc- Cleveland, Ohio 44111, Permanent two copies of a letter requesting tor’s opinion, that the objection is Number 2911406; and requests the that the hearing be held in Cleve- based upon substantial legal grounds Director of Liquor Control to set a land, Cuyahoga County, and a within the meaning and intent of hearing for said application in statement by the Director of Law division (A) of Section 4303.292 of the accordance with provisions of Sec- that, in the Director’s opinion, that Revised Code to the Director of tion 4303.26 of the Revised Code of the objection is based upon sub- Liquor Control. Ohio. stantial legal grounds within the Section 3. That this resolution is Section 2. That the Clerk of Coun- meaning and intent of division (A) hereby declared to be an emergency cil be and she is hereby directed to of Section 4303.292 of the Revised measure and provided it receives the transmit two certified copies of this Code to the Director of Liquor Con- affirmative vote of two-thirds of all resolution, together with two copies trol. the members elected to Council, it of a letter of objection and two Section 3. That this resolution is shall take effect and be in force copies of a letter requesting that the hereby declared to be an emergency immediately upon its adoption and hearing be held in Cleveland, Cuya- measure and provided it receives the approval by the Mayor; otherwise, it hoga County. affirmative vote of two-thirds of all shall take effect and be in force Section 3. That this resolution is the members elected to Council, it from and after the earliest period hereby declared to be an emergency shall take effect and be in force allowed by law. measure and provided it receives the immediately upon its adoption and Adopted August 5, 2009. affirmative vote of two-thirds of all approval by the Mayor; otherwise, it Awaiting the approval or disap- the members elected to Council, it shall take effect and be in force proval of the Mayor. shall take effect and be in force from and after the earliest period immediately upon its adoption and allowed by law. approval by the Mayor; otherwise, it Adopted August 5, 2009. shall take effect and be in force Awaiting the approval or disap- Res. No. 1154-09. from and after the earliest period proval of the Mayor. By Council Member Sweeney. allowed by law. An emergency resolution object- Adopted August 5, 2009. ing to a New C2 Liquor Permit at Awaiting the approval or disap- 13712 Lorain Avenue. proval of the Mayor. Res. No. 1163-09. Whereas, Council has been noti- By Council Member Reed. fied by the Department of Liquor An emergency resolution object- Control of an application for a New ing to the renewal of a C2 and C2X C2 Liquor Permit at Free Phone For Res. No. 1161-09. Liquor Permit at 12802 Kinsman You, Inc., 13712 Lorain Avenue, By Council Member Mitchell. Road, 1st floor and basement. Cleveland, Ohio 44111, Permanent An emergency resolution object- Whereas, the uniform date for Number 2911406; and ing to the renewal of a C1 and C2 renewal of liquor permits in the Whereas, the granting of this Liquor Permit at 2603 Woodhill State of Ohio is October 1st; and application for a liquor permit to Avenue. Whereas, pursuant to Section this high crime area, which is Whereas, the uniform date for 4303.271 of the Revised Code, the already saturated with other liquor renewal of liquor permits in the legislative authority of a municipal outlets, is contrary to the best inter- State of Ohio is October 1st; and corporation may object to the renew- ests of the entire community; and Whereas, pursuant to Section al of a permit based upon legal Whereas, the applicant does not 4303.271 of the Revised Code, the grounds as set forth in division (A) qualify to be a permit holder and/or legislative authority of a municipal of Revised Code Section 4303.292; has demonstrated that he has oper- corporation may object to the renew- and ated his liquor business in disregard al of a permit based upon legal Whereas, the applicant is unfit to of the laws, regulations or local grounds as set forth in division (A) continue to engage in the liquor per- ordinances of this state or any other of Revised Code Section 4303.292; mit business in that he has operat- state; and and ed his liquor permit business in a Whereas, the place for which the Whereas, the applicant is unfit to manner that demonstrates a disre- permit is sought has not conformed continue to engage in the liquor per- gard for the laws, regulations or to the building, safety or health mit business in that he has operat- local ordinances of the state, and requirements of the governing body ed his liquor permit business in a that this objection is based on other of this County or City; and manner that demonstrates a disre- legal grounds as set forth in Whereas, the place for which the gard for the laws, regulations or Revised Code Section 4303.292; and permit is sought is so arranged or local ordinances of the state, and Whereas, this resolution consti- constructed that law enforcement that this objection is based on other tutes an emergency measure provid- officers or agents of the Department legal grounds as set forth in Re- ing for the immediate preservation of Liquor Control are prevented rea- vised Code Section 4303.292; and of the public peace, prosperity, safe- sonable access to the establishment; Whereas, this resolution consti- ty and welfare pursuant to Section and tutes an emergency measure pro- 4303.271 of the Ohio Revised Code, Whereas, the place for which the viding for the immediate preserva- objections to renewal of liquor per- permit is sought is so located with tion of the public peace, prosperi- mits shall be made no later than respect to the neighborhood that it ty, safety and welfare pursuant to thirty days prior to the expiration substantially interferes with public Section 4303.271 of the Ohio Re- date of the permit; now, therefore, decency, sobriety, peace or good vised Code, objections to renewal Be it resolved by the Council of order; and of liquor permits shall be made no the City of Cleveland: 1547 82 The City Record August 12, 2009

Section 1. That Council does here- Permit, Permit No. 4307201 owned by Cleveland, Ohio 44108, and requests by record its objection to the renew- Johnny & Co. Bar & Grill, LLC, DBA the Director of Liquor Control to al of a C2 and C2X Liquor Permit, Johnny & Co. Bar and Grill, 18029 set a hearing for said application Permit No. 3019386-0005 owned by Euclid Avenue, Cleveland, Ohio in accordance with provisions of Beverly C. Galloway, 12802 Kinsman 44112, and requests the Director of Section 4303.271 of the Revised Code Road, 1st floor and basement, Cleve- Liquor Control to set a hearing for of Ohio. land, Ohio 44120, and requests the said application in accordance with Section 2. That the Clerk of Coun- Director of Liquor Control to set a provisions of Section 4303.271 of the cil be and she is hereby directed to hearing for said application in Revised Code of Ohio. transmit two certified copies of accordance with provisions of Sec- Section 2. That the Clerk of Coun- this resolution, together with two tion 4303.271 of the Revised Code of cil be and she is hereby directed to copies of a letter of objection and Ohio. transmit two certified copies of two copies of a letter requesting Section 2. That the Clerk of Coun- this resolution, together with two that the hearing be held in Cleve- cil be and she is hereby directed to copies of a letter of objection and land, Cuyahoga County, and a transmit two certified copies of two copies of a letter requesting statement by the Director of Law this resolution, together with two that the hearing be held in Cleve- that, in the Director’s opinion, that copies of a letter of objection and land, Cuyahoga County, and a the objection is based upon sub- two copies of a letter requesting statement by the Director of Law stantial legal grounds within the that the hearing be held in Cleve- that, in the Director’s opinion, that meaning and intent of division (A) land, Cuyahoga County, and a the objection is based upon sub- of Section 4303.292 of the Revised statement by the Director of Law stantial legal grounds within the Code to the Director of Liquor Con- that, in the Director’s opinion, that meaning and intent of division (A) trol. the objection is based upon sub- of Section 4303.292 of the Revised Section 3. That this resolution is stantial legal grounds within the Code to the Director of Liquor Con- hereby declared to be an emergency meaning and intent of division (A) trol. measure and provided it receives the of Section 4303.292 of the Revised Section 3. That this resolution is affirmative vote of two-thirds of all Code to the Director of Liquor Con- hereby declared to be an emergency the members elected to Council, it trol. measure and provided it receives the shall take effect and be in force Section 3. That this resolution is affirmative vote of two-thirds of all immediately upon its adoption and hereby declared to be an emergency the members elected to Council, it approval by the Mayor; otherwise, it measure and provided it receives the shall take effect and be in force shall take effect and be in force affirmative vote of two-thirds of all immediately upon its adoption and from and after the earliest period the members elected to Council, it approval by the Mayor; otherwise, it allowed by law. shall take effect and be in force shall take effect and be in force Adopted August 5, 2009. immediately upon its adoption and from and after the earliest period Awaiting the approval or disap- approval by the Mayor; otherwise, it allowed by law. proval of the Mayor. shall take effect and be in force Adopted August 5, 2009. from and after the earliest period Awaiting the approval or disap- allowed by law. proval of the Mayor. Adopted August 5, 2009. Res. No. 1167-09. Awaiting the approval or disap- By Council Member Cleveland. proval of the Mayor. An emergency resolution object- Res. No. 1166-09. ing to the renewal of a C2, C2X and By Council Member Miller. D6 Liquor Permit at 2747 Cedar An emergency resolution object- Avenue, 1st floor and basement. Res. No. 1165-09. ing to the renewal of a D1, D2, D3 Whereas, the uniform date for By Council Member Miller. and D3A Liquor Permit at 12515-19 renewal of liquor permits in the An emergency resolution object- St. Clair Avenue. State of Ohio is October 1st; and ing to the renewal of a D1, D2, D3 Whereas, the uniform date for Whereas, pursuant to Section and D3A Liquor Permit at 18029 renewal of liquor permits in the 4303.271 of the Revised Code, the Euclid Avenue. State of Ohio is October 1st; and legislative authority of a municipal Whereas, the uniform date for Whereas, pursuant to Section corporation may object to the renew- renewal of liquor permits in the 4303.271 of the Revised Code, the al of a permit based upon legal State of Ohio is October 1st; and legislative authority of a municipal grounds as set forth in division (A) Whereas, pursuant to Section corporation may object to the renew- of Revised Code Section 4303.292; 4303.271 of the Revised Code, the al of a permit based upon legal and legislative authority of a municipal grounds as set forth in division (A) Whereas, the applicant is unfit to corporation may object to the renew- of Revised Code Section 4303.292; continue to engage in the liquor per- al of a permit based upon legal and mit business in that he has operat- grounds as set forth in division (A) Whereas, the applicant is unfit to ed his liquor permit business in a of Revised Code Section 4303.292; continue to engage in the liquor per- manner that demonstrates a disre- and mit business in that he has operat- gard for the laws, regulations or Whereas, the applicant is unfit to ed his liquor permit business in a local ordinances of the state, and continue to engage in the liquor per- manner that demonstrates a disre- that this objection is based on other mit business in that he has operat- gard for the laws, regulations or legal grounds as set forth in Re- ed his liquor permit business in a local ordinances of the state, and vised Code Section 4303.292; and manner that demonstrates a disre- that this objection is based on other Whereas, this resolution consti- gard for the laws, regulations or legal grounds as set forth in Re- tutes an emergency measure pro- local ordinances of the state, and vised Code Section 4303.292; and viding for the immediate preserva- that this objection is based on other Whereas, this resolution consti- tion of the public peace, prosperity, legal grounds as set forth in Re- tutes an emergency measure pro- safety and welfare pursuant to Sec- vised Code Section 4303.292; and viding for the immediate preserva- tion 4303.271 of the Ohio Revised Whereas, this resolution consti- tion of the public peace, prosperi- Code, objections to renewal of tutes an emergency measure pro- ty, safety and welfare pursuant to liquor permits shall be made no viding for the immediate preserva- Section 4303.271 of the Ohio later than thirty days prior to the tion of the public peace, prosperi- Revised Code, objections to renew- expiration date of the permit; now, ty, safety and welfare pursuant to al of liquor permits shall be made therefore, Section 4303.271 of the Ohio Re- no later than thirty days prior to Be it resolved by the Council of vised Code, objections to renewal the expiration date of the permit; the City of Cleveland: of liquor permits shall be made no now, therefore, Section 1. That Council does here- later than thirty days prior to the Be it resolved by the Council of by record its objection to the re- expiration date of the permit; now, the City of Cleveland: newal of a C2, C2X and D6 Liquor therefore, Section 1. That Council does here- Permit, Permit No. 71337770005 Be it resolved by the Council of by record its objection to the renew- owned by Quasem, Inc., 2747 Cedar the City of Cleveland: al of a D1, D2, D3 and D3A Liquor Avenue, 1st floor and basement, Section 1. That Council does here- Permit, Permit No. 7514486 owned Cleveland, Ohio 44115, and requests by record its objection to the renew- by Roscoe, Inc., DBA Honey Do the Director of Liquor Control to al of a D1, D2, D3 and D3A Liquor Club, 12515-19 St. Clair Avenue, set a hearing for said application 1548 August 12, 2009 The City Record 83 in accordance with provisions of hearing be held in Cleveland, Cuya- Section 3. That this resolution is Section 4303.271 of the Revised hoga County, and a statement by the hereby declared to be an emergency Code of Ohio. Director of Law that, in the Direc- measure and provided it receives the Section 2. That the Clerk of Coun- tor’s opinion, that the objection is affirmative vote of two-thirds of all cil be and she is hereby directed to based upon substantial legal grounds the members elected to Council, it transmit two certified copies of this within the meaning and intent of shall take effect and be in force resolution, together with two copies division (A) of Section 4303.292 of the immediately upon its adoption and of a letter of objection and two Revised Code to the Director of approval by the Mayor; otherwise, it copies of a letter requesting that the Liquor Control. shall take effect and be in force hearing be held in Cleveland, Cuya- Section 3. That this resolution is from and after the earliest period hoga County, and a statement by the hereby declared to be an emergency allowed by law. Director of Law that, in the Direc- measure and provided it receives the Adopted August 5, 2009. tor’s opinion, that the objection is affirmative vote of two-thirds of all Awaiting the approval or disap- based upon substantial legal grounds the members elected to Council, it proval of the Mayor. within the meaning and intent of shall take effect and be in force division (A) of Section 4303.292 of the immediately upon its adoption and Revised Code to the Director of approval by the Mayor; otherwise, it Liquor Control. shall take effect and be in force Res. No. 1170-09. Section 3. That this resolution is from and after the earliest period By Council Member Cummins. hereby declared to be an emergency allowed by law. An emergency resolution object- measure and provided it receives the Adopted August 5, 2009. ing to the renewal of a D1, D2, D3 affirmative vote of two-thirds of all Awaiting the approval or disap- and D3A Liquor Permit at 3314 the members elected to Council, it proval of the Mayor. Broadview Road, 1st floor and base- shall take effect and be in force ment. immediately upon its adoption and Whereas, the uniform date for approval by the Mayor; otherwise, it renewal of liquor permits in the shall take effect and be in force Res. No. 1169-09. State of Ohio is October 1st; and from and after the earliest period By Council Member Cleveland. Whereas, pursuant to Section allowed by law. An emergency resolution object- 4303.271 of the Revised Code, the Adopted August 5, 2009. ing to the renewal of a C2 and C2X legislative authority of a municipal Awaiting the approval or disap- Liquor Permit at 3135 East 79th corporation may object to the renew- proval of the Mayor. Street. al of a permit based upon legal Whereas, the uniform date for grounds as set forth in division (A) renewal of liquor permits in the of Revised Code Section 4303.292; and State of Ohio is October 1st; and Whereas, the applicant is unfit to Res. No. 1168-09. Whereas, pursuant to Section continue to engage in the liquor per- By Council Member Cleveland. 4303.271 of the Revised Code, the mit business in that he has operat- An emergency resolution object- legislative authority of a municipal ed his liquor permit business in a ing to the renewal of a C1 and C2 corporation may object to the renew- manner that demonstrates a disre- Liquor Permit at 4643 Broadway al of a permit based upon legal gard for the laws, regulations or Avenue. grounds as set forth in division (A) local ordinances of the state, and Whereas, the uniform date for of Revised Code Section 4303.292; and that this objection is based on other renewal of liquor permits in the Whereas, the applicant is unfit to legal grounds as set forth in Re- State of Ohio is October 1st; and continue to engage in the liquor per- vised Code Section 4303.292; and Whereas, pursuant to Section mit business in that he has operat- Whereas, this resolution consti- 4303.271 of the Revised Code, the ed his liquor permit business in a tutes an emergency measure provid- legislative authority of a municipal manner that demonstrates a disre- ing for the immediate preservation corporation may object to the renew- gard for the laws, regulations or of the public peace, prosperity, safe- al of a permit based upon legal local ordinances of the state, and ty and welfare pursuant to Section grounds as set forth in division (A) that this objection is based on other 4303.271 of the Ohio Revised Code, of Revised Code Section 4303.292; and legal grounds as set forth in objections to renewal of liquor per- Whereas, the applicant is unfit to Revised Code Section 4303.292; and mits shall be made no later than continue to engage in the liquor per- Whereas, this resolution consti- thirty days prior to the expiration mit business in that he has operat- tutes an emergency measure provid- date of the permit; now, therefore, ed his liquor permit business in a ing for the immediate preservation Be it resolved by the Council of manner that demonstrates a disre- of the public peace, prosperity, safe- the City of Cleveland: gard for the laws, regulations or ty and welfare pursuant to Section Section 1. That Council does here- local ordinances of the state, and 4303.271 of the Ohio Revised Code, by record its objection to the renew- that this objection is based on other objections to renewal of liquor per- al of a D1, D2, D3 and D3A Liquor legal grounds as set forth in Re- mits shall be made no later than Permit, Permit No. 6483695 owned by vised Code Section 4303.292; and thirty days prior to the expiration N Yuk Yuks Bar & Grill, Inc., DBA Whereas, this resolution consti- date of the permit; now, therefore, N Yuk N Yuks, 3314 Broadview tutes an emergency measure provid- Be it resolved by the Council of Road, Cleveland, Ohio 44109, and ing for the immediate preservation the City of Cleveland: requests the Director of Liquor Con- of the public peace, prosperity, safe- Section 1. That Council does here- trol to set a hearing for said appli- ty and welfare pursuant to Section by record its objection to the renewal cation in accordance with provisions 4303.271 of the Ohio Revised Code, of a C2 and C2X Liquor Permit, Per- of Section 4303.271 of the Revised objections to renewal of liquor per- mit No. 3043671 owned by Garden Code of Ohio. mits shall be made no later than Valley Shop Express, Inc., 3135 East Section 2. That the Clerk of Coun- thirty days prior to the expiration 79th Street, Cleveland, Ohio 44104, cil be and she is hereby directed to date of the permit; now, therefore, and requests the Director of Liquor transmit two certified copies of this Be it resolved by the Council of Control to set a hearing for said resolution, together with two copies the City of Cleveland: application in accordance with pro- of a letter of objection and two Section 1. That Council does here- visions of Section 4303.271 of the copies of a letter requesting that the by record its objection to the renew- Revised Code of Ohio. hearing be held in Cleveland, Cuya- al of a C1 and C2 Liquor Permit, Per- Section 2. That the Clerk of Coun- hoga County, and a statement by the mit No. 76857450005 owned by Salina, cil be and she is hereby directed to Director of Law that, in the Direc- Inc., DBA Broadway Deli, 4643 Broad- transmit two certified copies of this tor’s opinion, that the objection is way Avenue, 1st floor, Cleveland, resolution, together with two copies based upon substantial legal Ohio 44127, and requests the Director of a letter of objection and two grounds within the meaning and of Liquor Control to set a hearing for copies of a letter requesting that the intent of division (A) of Section said application in accordance with hearing be held in Cleveland, Cuya- 4303.292 of the Revised Code to the provisions of Section 4303.271 of the hoga County, and a statement by the Director of Liquor Control. Revised Code of Ohio. Director of Law that, in the Direc- Section 3. That this resolution is Section 2. That the Clerk of Coun- tor’s opinion, that the objection is hereby declared to be an emergency cil be and she is hereby directed to based upon substantial legal grounds measure and provided it receives the transmit two certified copies of this within the meaning and intent of affirmative vote of two-thirds of all resolution, together with two copies division (A) of Section 4303.292 of the the members elected to Council, it of a letter of objection and two Revised Code to the Director of shall take effect and be in force copies of a letter requesting that the Liquor Control. immediately upon its adoption and 1549 84 The City Record August 12, 2009 approval by the Mayor; otherwise, it Res. No. 1172-09. legislative authority of a municipal shall take effect and be in force By Council Member Zone. corporation may object to the renew- from and after the earliest period An emergency resolution object- al of a permit based upon legal allowed by law. ing to the renewal of a D1, D2, D3, grounds as set forth in division (A) Adopted August 5, 2009. D3A and D6 Liquor Permit at 8309 of Revised Code Section 4303.292; and Awaiting the approval or disap- Madison Avenue, 1st and 2nd floors. Whereas, the applicant is unfit to proval of the Mayor. Whereas, the uniform date for continue to engage in the liquor per- renewal of liquor permits in the mit business in that he has operated State of Ohio is October 1st; and his liquor permit business in a man- Whereas, pursuant to Section ner that demonstrates a disregard for Res. No. 1171-09. 4303.271 of the Revised Code, the the laws, regulations or local ordi- By Council Member Conwell. legislative authority of a municipal nances of the state, and that this An emergency resolution object- corporation may object to the renew- objection is based on other legal ing to the renewal of a D5 Liquor al of a permit based upon legal grounds as set forth in Revised Code Permit at 11139-43 Superior Avenue. grounds as set forth in division (A) Section 4303.292; and Whereas, the uniform date for of Revised Code Section 4303.292; and Whereas, this resolution consti- renewal of liquor permits in the Whereas, the applicant is unfit to tutes an emergency measure provid- State of Ohio is October 1st; and continue to engage in the liquor per- ing for the immediate preservation Whereas, pursuant to Section mit business in that he has operat- of the public peace, prosperity, safe- 4303.271 of the Revised Code, the ed his liquor permit business in a ty and welfare pursuant to Section 4303.271 of the Ohio Revised Code, legislative authority of a municipal manner that demonstrates a disre- objections to renewal of liquor per- corporation may object to the renew- gard for the laws, regulations or mits shall be made no later than al of a permit based upon legal local ordinances of the state, and thirty days prior to the expiration grounds as set forth in division (A) that this objection is based on other date of the permit; now, therefore, of Revised Code Section 4303.292; legal grounds as set forth in Re- Be it resolved by the Council of and vised Code Section 4303.292; and Whereas, this resolution consti- the City of Cleveland: Whereas, the applicant is unfit to Section 1. That Council does here- continue to engage in the liquor per- tutes an emergency measure provid- ing for the immediate preservation by record its objection to the renew- mit business in that he has operat- al of a C1 Liquor Permit, Permit No. ed his liquor permit business in a of the public peace, prosperity, safe- ty and welfare pursuant to Section 7057634 owned by Prakash, Inc., manner that demonstrates a disre- DBA JRS Mini Mart, 14910 Lorain gard for the laws, regulations or 4303.271 of the Ohio Revised Code, objections to renewal of liquor per- Avenue, Cleveland, Ohio 44111, and local ordinances of the state, and requests the Director of Liquor Con- that this objection is based on other mits shall be made no later than thirty days prior to the expiration trol to set a hearing for said appli- legal grounds as set forth in Re- cation in accordance with provisions vised Code Section 4303.292; and date of the permit; now, therefore, Be it resolved by the Council of of Section 4303.271 of the Revised Whereas, this resolution consti- Code of Ohio. the City of Cleveland: tutes an emergency measure pro- Section 2. That the Clerk of Coun- Section 1. That Council does here- viding for the immediate preserva- cil be and she is hereby directed to by record its objection to the renew- tion of the public peace, prosperity, transmit two certified copies of this al of a D1, D2, D3, D3A and D6 Liquor safety and welfare pursuant to Sec- resolution, together with two copies Permit, Permit No. 0142976 owned by tion 4303.271 of the Ohio Revised of a letter of objection and two Almont, Inc., DBA Sea Level, 8309 Code, objections to renewal of copies of a letter requesting that the Madison Avenue, Cleveland, Ohio liquor permits shall be made no hearing be held in Cleveland, Cuya- 44102, and requests the Director of later than thirty days prior to the hoga County, and a statement by the Liquor Control to set a hearing for expiration date of the permit; now, Director of Law that, in the Direc- said application in accordance with therefore, tor’s opinion, that the objection is provisions of Section 4303.271 of the Be it resolved by the Council of based upon substantial legal Revised Code of Ohio. the City of Cleveland: grounds within the meaning and Section 2. That the Clerk of Coun- Section 1. That Council does here- intent of division (A) of Section cil be and she is hereby directed to by record its objection to the renew- 4303.292 of the Revised Code to the transmit two certified copies of this al of a D5 Liquor Permit, Permit No. Director of Liquor Control. resolution, together with two copies 4316046 owned by Bobbie Johnson, Section 3. That this resolution is of a letter of objection and two DBA Frecks, 11139-43 Superior Ave- hereby declared to be an emergency copies of a letter requesting that the nue, Cleveland, Ohio 44106, and measure and provided it receives the hearing be held in Cleveland, Cuya- requests the Director of Liquor Con- affirmative vote of two-thirds of all hoga County, and a statement by the trol to set a hearing for said appli- the members elected to Council, it Director of Law that, in the Direc- shall take effect and be in force cation in accordance with provisions tor’s opinion, that the objection is of Section 4303.271 of the Revised immediately upon its adoption and based upon substantial legal grounds approval by the Mayor; otherwise, it Code of Ohio. within the meaning and intent of Section 2. That the Clerk of Coun- shall take effect and be in force division (A) of Section 4303.292 of the from and after the earliest period cil be and she is hereby directed to Revised Code to the Director of transmit two certified copies of allowed by law. Liquor Control. Adopted August 5, 2009. this resolution, together with two Section 3. That this resolution is copies of a letter of objection and Awaiting the approval or disap- hereby declared to be an emergency proval of the Mayor. two copies of a letter requesting measure and provided it receives the that the hearing be held in Cleve- affirmative vote of two-thirds of all land, Cuyahoga County, and a the members elected to Council, it statement by the Director of Law shall take effect and be in force Res. No. 1174-09. that, in the Director’s opinion, that immediately upon its adoption and By Council Member Cleveland. the objection is based upon sub- approval by the Mayor; otherwise, it An emergency resolution with- stantial legal grounds within the shall take effect and be in force drawing objection to the transfer of meaning and intent of division (A) from and after the earliest period ownership of C1 Liquor Permit at of Section 4303.292 of the Revised allowed by law. 7002 Cedar Avenue and repealing Code to the Director of Liquor Con- Adopted August 5, 2009. Resolution No. 460-09, objecting to trol. Awaiting the approval or disap- said transfer. Section 3. That this resolution is proval of the Mayor. Whereas, this Council objected to hereby declared to be an emergency the transfer of ownership of a C1 measure and provided it receives the Liquor Permit to Cedar Crest Foods, affirmative vote of two-thirds of all Inc., DBA Cedar Crest Foods, 7002 the members elected to Council, it Res. No. 1173-09. Cedar Avenue, Cleveland, Ohio shall take effect and be in force By Council Member Keane. 44103, Permanent No. 1350137, by immediately upon its adoption and An emergency resolution object- Resolution No. 460-09 adopted by the approval by the Mayor; otherwise, it ing to the renewal of a C1 Liquor Council on April 6, 2009; and shall take effect and be in force Permit at 14910 Lorain Avenue. Whereas, this Council wishes to from and after the earliest period Whereas, the uniform date for withdraw its objection to the above allowed by law. renewal of liquor permits in the transfer and consents to said trans- Adopted August 5, 2009. State of Ohio is October 1st; and fer; and Awaiting the approval or disap- Whereas, pursuant to Section Whereas, this resolution consti- proval of the Mayor. 4303.271 of the Revised Code, the tutes an emergency measure provid- 1550 August 12, 2009 The City Record 85 ing for the usual daily operation of the same is hereby withdrawn and the members elected to Council, it a municipal department; now, there- Resolution No. 460-09, containing shall take effect and be in force fore, such objection, be and the same is immediately upon its adoption and Be it resolved by the Council of hereby repealed and that this Coun- approval by the Mayor; otherwise, it the City of Cleveland: cil consents to the immediate trans- shall take effect and be in force Section 1. That objection to a C1 fer thereof. from and after the earliest period Liquor Permit to Cedar Crest Foods, Section 2. That this resolution is allowed by law. Inc., DBA Cedar Crest Foods, 7002 hereby declared to be an emergency Adopted August 5, 2009. Cedar Avenue, Cleveland, Ohio measure and provided it receives the Awaiting the approval or disap- 44103, Permanent No. 1350137, be and affirmative vote of two-thirds of all proval of the Mayor.

Ord. No. 667-09. By Council Member Pruitt. An ordinance to change the zoning of lands on the north side of Miles Avenue at Judson Drive and E. 146th Street from GR to LR (Map Change No. 2277, Sheet 10). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Miles Avenue at its intersection with the southerly prolongation of the easterly line of Sublot Number 456 in the Miles-Harvard Park Subdivision No. 4 shown on the recorded plat in Volume 68, Page 30 of Cuyahoga County Map Records, said parcel also being known as being part of Cuyahoga County Auditor’s Permanent Parcel Number 142-08-001; Thence northeasterly along said southerly prolongation of said easterly line to its intersection with the northeasterly line thereof; Thence northwesterly along said northeasterly line to its intersection with the northeasterly line of Sublot Num- ber 455 in the aforementioned Miles-Harvard Park Subdivision No. 4; Thence northwesterly along said northeasterly line to its intersection with the northeasterly line of Sublot Number 452 in the aforementioned Miles-Harvard Park Subdivision, said line also being known as the south- westerly line of Cuyahoga County Auditor’s Permanent Parcel Number 142-08-003; Thence northwesterly along said northwesterly line and along its northwesterly prolongation to its intersection with the centerline of Judson Drive; Thence southwesterly along said centerline of Judson Drive to its intersection with the southerly prolongation of the centerline of East 147th Street; Thence northerly along said southerly prolongation of said centerline of East 147th Street to its intersection with the easterly prolongation of the southerly line of Sublot Number 5 in the Miles-Harvard Park Subdivision Number 3 shown on the recorded plat in Volume 62, Page 37 of Cuyahoga County Map Records, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 142-04-033; Thence westerly along said easterly prolongation of said southerly line to its intersection with the easterly line of Sublot Number 115 in the aforementioned Miles-Harvard Park Subdivision Number 3; Thence southerly along said easterly line to its intersection with a line drawn approximately 15 feet southerly from and parallel to the southerly line of Sublot Number 112 in the aforementioned Miles-Park Subdivision Number 3, said parallel line also being known as the southerly line of Cuyahoga County Auditor’s Permanent Parcel Number 142-04-078; Thence westerly along said parallel line to its intersection with the centerline of East 146th Street; Thence southerly along said centerline of East 146th Street and along its southerly prolongation to its inter- section with the centerline of Miles Avenue; Thence southeasterly along said centerline of Miles Avenue to its intersection with the southerly prolongation of the easterly line of Sublot Number 456 in the Miles-Harvard Park Subdivision No. 4 shown on the recorded plat in Volume 68, Page 30 of Cuyahoga County Map Records, said parcel also being known as being part of Cuyahoga County Auditor’s Permanent Parcel Number 142-08-001 and the principal place of beginning; and as shaded on the attached map is changed to a Local Retail Business District (LR) District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2277, Sheet No. 10 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1551 86 The City Record August 12, 2009

Ord. No. 668-09. By Council Member Pruitt. An ordinance to change the zoning of lands on the east side of Lee Road south of Kollin Avenue from 1F-A1 to LR-C1 (Map Change No. 2278, Sheet 10). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of Lee Road at its intersection with the centerline of Kollin Avenue; Thence southerly along said centerline of Lee Road to its intersection with the westerly prolongation of the southerly line of Sublot Number 91 in the Lee Road McCracken Subdivision shown on the recorded plat in Volume 89, Page 22 of Cuyahoga County Map Records, said parcel also being known as being part of Cuyahoga County Auditor’s Permanent Parcel Number 143-23-014; Thence easterly along said westerly prolongation of said southerly line and along its easterly prolongation to its intersection with the centerline of East 66th Place 10 Feet Wide; Thence northerly along said centerline of East 66th Place to its intersection with the easterly prolongation of the southerly line of Sublot Number 61 in the aforementioned Lee Road McCracken Subdivision, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 143-23-013; Thence westerly along said easterly prolongation and continuing along its westerly prolongation to its intersection with the centerline of Lee Road; Thence northerly along said centerline of Lee Road to its intersection with the centerline of Kollin Avenue and the principal place of beginning; and as shaded on the attached map is changed to a Local Retail Business District (LR) and a ‘C’ Area District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2278, Sheet No. 10 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1552 August 12, 2009 The City Record 87

Ord. No. 698-09. Ord. No. 753-09. credits to Continental Airlines, Inc. By Council Members Kelley, Cim- By Council Members Zone and for the cost of determining fair mar- perman and Sweeney (by depart- Sweeney (by departmental request). ket value by independent appraisal mental request). An emergency ordinance authoriz- of the leased premises, for a period An emergency ordinance authoriz- ing the Director of Public Utilities of twenty years, with one five year ing the Director of Port Control to to employ one or more professional option to renew, exercisable through enter into a Lease Agreement with consultants to prepare a comprehen- additional legislative authority. Bradford Airport Logistics to oper- sive financial plan including a cost Whereas, this ordinance consti- ate a centralized receiving and dis- of service, and rate and fee analy- tutes an emergency measure provid- tribution center for all concessions sis for the years 2011 through 2015, ing for the usual daily operation of operating at Cleveland Hopkins for the Divisions of Water and a municipal department; now, there- International Airport, for the De- Water Pollution Control, Depart- fore, partment of Port Control, for a peri- ment of Public Utilities. Be it ordained by the Council of od of five years, with one option to Whereas, this ordinance consti- the City of Cleveland: renew for an additional five year tutes an emergency measure provid- Section 1. That the Director of period, exercisable through addi- ing for the usual daily operation of Port Control is authorized to enter tional legislative authority. a municipal department; now, there- into a Lease Agreement (“Lease”) Whereas, this ordinance consti- fore, with Continental Airlines, Inc. (“Les- Be it ordained by the Council of see”) for use and occupancy of ap- tutes an emergency measure provid- the City of Cleveland: proximately 26,280 square feet of ing for the usual daily operation of Section 1. That the Director of hangar space at Cleveland Hopkins a municipal department; now, there- Public Utilities is authorized to International Airport (“Leased Prem- fore, employ by contract or contracts one ises”), for a period of twenty years Be it ordained by the Council of or more consultants or one or more (“Initial Term”), with one five year the City of Cleveland: firms of consultants for the purpose option to renew, exercisable through Section 1. That the Director of of supplementing the regularly em- additional legislative authority (“Op- Port Control is authorized to enter ployed staff of the several depart- tion Term”), commencing upon exe- into a Lease Agreement (“Lease”) ments of the City of Cleveland in cution of the Lease. The Leased with Bradford Airport Logistics order to provide professional ser- Premises shall be used for hangar (“Lessee”) for use and occupancy vices necessary to prepare a com- space and aircraft maintenance and of approximately 10,000 square feet prehensive financial plan including repair. of the warehouse building on Lot a cost of service, and rate and fee Section 2. Lessee shall pay the LE 37-A at Cleveland Hopkins analysis for the years 2011 through City an annual fee, to be deter- International Airport, including the 2015, for the Divisions of Water and mined by an appraisal based on the adjacent parking lot and other Water Pollution Control, Depart- fair market rental value of the related amenities (“Leased Premis- ment of Public Utilities. Leased Premises and rental rates es”). The Leased Premises shall be The selection of the consultants charged for comparable airport used as a centralized receiving and for the services shall be made by facilities for use of the Leased distribution facility for all conces- the Board of Control on the nomi- Premises during the first five years sionaires operating at Cleveland nation of the Director of Public Util- of the Initial Term. Lessee shall Hopkins International Airport. The ities from a list of qualified consul- pay the cost of this appraisal. That term of the Lease shall be for five tants available for employment as the Director of Port Control is years, with one five year option to may be determined after a full and authorized to issue rent credits to renew, exercisable through addi- complete canvass by the Director of Lessee for the purpose of reim- tional legislative authority. For use Public Utilities for the purpose of bursing Lessee the cost of the of the Leased Premises, Lessee compiling a list. The compensation appraisal to determine fair market shall pay the City an annual fee to be paid for the services shall be value of the Leased Premises. The based on fair market rental, as fixed by the Board of Control. The rent credit amount shall be equal to determined by independent contract or contracts authorized the cost of the appraisal and is sub- appraisal. The rent shall be paid in shall be prepared by the Director of ject to approval of the Director of monthly installments due on the Law, approved by the Director of Port Control. The Director of Port first day of each month during the Public Utilities, and certified by the Control is authorized to execute term of the Lease. Director of Finance. any additional documents necessary Section 2. That the Lease may Section 2. That the cost of the con- and appropriate to issue the rent authorize the Lessee to make tract or contracts authorized shall credits. Thereafter, every five years improvements to the leased prem- be paid from Fund Nos. 52 SF 001 during the Initial Term of the ises subject to the approval of and 54 SF 001, Request No. 189823. Lease and at the inception of the appropriate City agencies and offi- Section 3. That this ordinance is Option Term, the annual rent shall cials. declared to be an emergency mea- be determined by an appraisal Section 3. That the Director of sure and, provided it receives the based on the then highest and best affirmative vote of two-thirds of all use of the Leased Premises and Port Control, the Director of Law, the members elected to Council, it rental rates then charged for com- and other appropriate City officials shall take effect and be in force parable airport facilities. In no are authorized to execute any other immediately upon its passage and event shall the rental rate be less documents and certificates, and approval by the Mayor; otherwise it than that charged during the first take any other actions which may shall take effect and be in force five years of the Initial Term. The be necessary or appropriate to from and after the earliest period Department of Port Control shall effect the Lease authorized by this allowed by law. pay the cost of these appraisals. ordinance. Passed August 5, 2009. The rent shall be paid in monthly Section 4. That the Lease autho- Awaiting the approval or disap- installments due on the first day of rized by this ordinance shall be pre- proval of the Mayor. each month during the term of the pared by the Director of Law. Lease. Section 5. That this ordinance is Section 3. That the Lease may declared to be an emergency mea- authorize the Lessee to make im- sure and, provided it receives the Ord. No. 758-09. provements to the Leased Premises affirmative vote of two-thirds of all By Council Members Kelley, Cim- subject to the approval of appropri- the members elected to Council, it perman and Sweeney (by depart- ate City agencies and officials. shall take effect and be in force mental request). Section 4. That the Director of immediately upon its passage and An emergency ordinance authoriz- Port Control, the Director of Law, approval by the Mayor; otherwise it ing the Director of Port Control to and other appropriate City officials shall take effect and be in force enter into a Lease Agreement with are authorized to execute any other from and after the earliest period Continental Airlines, Inc. for hangar documents and certificates, and allowed by law. space and aircraft maintenance and take any other actions which may Passed August 5, 2009. repair at Cleveland Hopkins Inter- be necessary or appropriate to ef- Awaiting the approval or disap- national Airport, for the Department fect the Lease authorized by this proval of the Mayor. of Port Control, and to issue rent ordinance. 1553 88 The City Record August 12, 2009

Section 5. That the Lease autho- less than the specified term may be killed in the line of duty or who rized by this ordinance shall be pre- taken if desired by the Commis- died as a direct and proximate pared by the Director of Law. sioner of Purchases and Supplies result of the performance of their Section 6. That this ordinance is until provision is made for the official work-related duties on or declared to be an emergency mea- requirements for the entire term. after January 1, 1998. sure and, provided it receives the Section 2. That the costs of the (c) Eligible survivors who are affirmative vote of two-thirds of all contract or contracts shall be entitled to the benefits must pay the the members elected to Council, it charged against the proper appro- same contribution to the premium as shall take effect and be in force priation accounts and the Director paid by the City employees. immediately upon its passage and of Finance shall certify the amount Section 2. That Section 171.391 of approval by the Mayor; otherwise it of the initial purchase, which pur- the Codified Ordinances of Cleve- shall take effect and be in force chase, together with all later pur- land, Ohio, 1976, shall take effect as from and after the earliest period chases, shall be made on order of soon as legally permissible. allowed by law. the Commissioner of Purchases and Section 3. That this ordinance is Passed August 5, 2009. Supplies under a requisition against declared to be an emergency mea- Awaiting the approval or disap- the contract or contracts certified by sure and, provided it receives the proval of the Mayor. the Director of Finance. (RL 175246) affirmative vote of two-thirds of all Section 3. That under Section the members elected to Council, it 108(b) of the Charter, the purchases shall take effect and be in force authorized by this ordinance may be immediately upon its passage and Ord. No. 762-09. made through cooperative agree- approval by the Mayor; otherwise it By Council Members Kelley and ments with other governmental shall take effect and be in force Sweeney (by departmental request). agencies. The Director of Port Con- from and after the earliest period An emergency ordinance authoriz- trol may sign all documents that are allowed by law. ing the purchase by one or more necessary to make the purchases, Passed August 5, 2009. requirement contracts of the neces- and may enter into one or more con- Awaiting the approval or disap- sary items of materials, equipment, tracts with the vendors selected proval of the Mayor. supplies, and services needed to col- through that cooperative process. lect, analyze, sample, recycle, and Section 4. That this ordinance is dispose of spent aircraft deicing declared to be an emergency mea- fluid, and to maintain and monitor sure and, provided it receives the Ord. No. 900-09. valves and other appurtenances affirmative vote of two-thirds of all By Council Members Zone and associated with regulatory compli- the members elected to Council, it Sweeney (by departmental request). ance, including labor, for the vari- shall take effect and be in force An emergency ordinance authoriz- ous divisions of the Department of immediately upon its passage and ing the purchase by one or more Port Control, for a period of two approval by the Mayor; otherwise it requirement contracts of labor and years, with two one-year options to shall take effect and be in force materials necessary to test, inspect, renew, the first of which is exercis- from and after the earliest period maintain, repair, enhance or replace able through additional legislative allowed by law. building protection services, includ- authority. Passed August 5, 2009. ing, but not limited to, heating, ven- Whereas, this ordinance consti- Awaiting the approval or disap- tilation, and air conditioning sys- tutes an emergency measure provid- proval of the Mayor. tems or components, security sys- ing for the usual daily operation of tems or components, and fire pro- a municipal department; now, there- tection system or components, in- fore, cluding installation if necessary, for Be it ordained by the Council of Ord. No. 879-09. the Divisions of Water, Water Pol- the City of Cleveland: By Council Members Keane, Brady, lution Control, and Cleveland Public Section 1. That the Director of Sweeney, Cummins, Santiago, Mitchell, Power, Department of Public Utili- Port Control is authorized to make Zone, Cimperman, Cleveland, Polen- ties. one or more written requirement sek, Westbrook, Brancatelli, Wilkes, Whereas, this ordinance consti- contracts under the Charter and the Conwell, Cloud, Kelley, Miller and tutes an emergency measure provid- Codified Ordinances of Cleveland, Reed. ing for the usual daily operation of Ohio, 1976, for the requirements for An emergency ordinance to sup- a municipal department; now, there- a two year period, with two one-year plement the Codified Ordinances of fore, options to renew, of the necessary Cleveland, Ohio, 1976, by enacting Be it ordained by the Council of items of materials, equipment, sup- new Section 171.391 relating to the City of Cleveland: plies, and services needed to collect, health care benefits for surviving Section 1. That the Director of analyze, sample, recycle, and dis- spouse and dependents of employees Public Utilities is authorized to pose of spent aircraft deicing fluid, killed in the line of duty. make one or more written require- and to maintain and monitor the Whereas, this ordinance consti- ment contracts under the Charter valves and other appurtenances tutes an emergency measure provid- and the Codified Ordinances of associated with regulatory compli- ing for the usual daily operation of Cleveland, Ohio, 1976, for the re- ance, including labor, for the vari- a municipal department; now, there- quirements for the period of one or ous divisions of the Department of fore, two years of the necessary items of Port Control, in the estimated sum Be it ordained by the Council of labor and materials necessary to of $3,250,000 per year, to be pur- the City of Cleveland: test, inspect, maintain, repair, en- chased by the Commissioner of Pur- Section 1. That the Codified Ordi- hance or replace building protection chases and Supplies on a unit basis nances of the City of Cleveland are services, including, but not limited for the various divisions of the supplemented by enacting new Sec- to heating, ventilation, and air con- Department of Port Control. The tion 171.391 to read as follows: ditioning systems or components, first of the one-year options to security systems or components, and renew may not be exercised without Section 171.391 Health Care Ben- fire protection system or compo- additional legislative authority. If efits for Surviving Spouse and De- nents, including installation if nec- such additional legislative authority pendents of Employees Killed in the essary, in the approximate amount is granted and the first of the one- Line of Duty. as purchased during the preceding year options to renew is exercised, (a) If a City employee is killed in term, to be purchased by the Com- then the second of the one-year the line of duty or dies as a direct missioner of Purchases and Supplies options to renew may be exercisable and proximate result of the perfor- on a unit basis for the Divisions of at the option of the Director of Port mance of the employee’s official Water, Water Pollution Control, and Control, without the necessity of work-related duties, the surviving Cleveland Public Power, Department obtaining additional authority of spouse, until such time as the of Public Utilities. Bids shall be this Council. Bids shall be taken in employee would have been eligible taken in a manner that permits an a manner that permits an award to to retire, and employee’s dependents award to be made for all items as be made for all items as a single shall be entitled to health care ben- a single contract, or by separate contract, or by separate contract for efits as available under the City’s contract for each or any combina- each or any combination of the plan. tion of the items as the Board of items as the Board of Control deter- (b) This ordinance applies to the Control determines. Alternate bids mines. Alternate bids for a period spouse and dependents of employees for a period less than the specified 1554 August 12, 2009 The City Record 89 term may be taken if deemed desir- manner that permits an award to be accomplish lake treatment alterna- able by the Commissioner of Pur- made for all items as a single con- tives and to develop management chases and Supplies until provision tract, or by separate contract for plans for the Lower, Upper (Horse- is made for the requirements for the each or any combination of the shoe), Green, and Marshall lakes in entire term. The Director of Public items as the Board of Control deter- the upper Doan Brook Watershed; to Utilities authorized to enter into one mines. Alternate bids for a period manage fertilizers, herbicides, and or more contracts with a term of less than the specified term may be pesticides on lawns and landscaped two years instead of one year when taken if desired by the Commis- areas throughout the watershed; to there is a financial advantage to the sioner of Purchases and Supplies assist with assessment and compli- City. For purposes of this ordinance, until provision is made for the ance work for Phase II stormwater a financial advantage shall be deter- requirements for the entire term. management regulations; to provide mined by the Director of Public Util- Section 2. That the costs of the technical input and to build public ities by comparing the bids received contract or contracts shall be involvement and support of the for both terms. charged against the proper appro- restoration project in Rockefeller Section 2. That the costs of the priation accounts and the Director Park; to track the Northeast Ohio contract or contracts shall be of Finance shall certify the amount Regional Sewer District’s progress charged against the proper appro- of the initial purchase, which pur- with designing and implementing a priation accounts and the Director chase, together with all later pur- wastewater collection and treatment of Finance shall certify the amount chases, shall be made on order of project; to initiate volunteer stream of the initial purchase, which pur- the Commissioner of Purchases and clean-up projects; to work with chase, together with all later pur- Supplies under a requisition against schools, youth groups and civic chases, shall be made on order of the contract or contracts certified by organizations on stream monitoring the Commissioner of Purchases and the Director of Finance. (RL 190001) and improvement projects; to facili- Supplies under a requisition against Section 3. That under Section tate and to provide technical assis- the contract or contracts certified by 108(b) of the Charter, the purchases tance on natural stream restoration the Director of Finance. (RL 189968) authorized by this ordinance may be and stormwater management pro- Section 3. That under Section made through cooperative agree- jects; and to develop land use con- 108(b) of the Charter, the purchases ments with other governmental trols and site design standards to authorized by this ordinance may be agencies. The Director of Public protect environmentally sensitive made through cooperative agree- Utilities may sign all documents areas; and ments with other governmental that are necessary to make the pur- Whereas, this ordinance consti- agencies. The Director of Public chases, and may enter into one or tutes an emergency measure provid- utilities may sign all documents more contracts with the vendors ing for the usual daily operation of that are necessary to make the pur- selected through that cooperative a municipal department; now, there- chases, and may enter into one or process. fore, more contracts with the vendors Section 4. That this ordinance is Be it ordained by the Council of selected through that cooperative declared to be an emergency mea- the City of Cleveland: process. sure and, provided it receives the Section 1. That the Director of Section 4. That this ordinance is affirmative vote of two-thirds of all Public Utilities is authorized to par- declared to be an emergency mea- the members elected to Council, it ticipate in the Doan Brook Water- sure and, provided it receives the shall take effect and be in force shed Partnership. affirmative vote of two-thirds of all immediately upon its passage and Section 2. That this Council autho- the members elected to Council, it approval by the Mayor; otherwise it rizes payment to the Doan Brook shall take effect and be in force shall take effect and be in force Watershed Partnership for the immediately upon its passage and from and after the earliest period City’s costs to participate in and to approval by the Mayor; otherwise it allowed by law. implement the objectives of the shall take effect and be in force Passed August 5, 2009. Partnership, from Fund No. 54 SF from and after the earliest period Awaiting the approval or disap- 001, Request No. 180072. allowed by law. proval of the Mayor. Section 3. That this ordinance is Passed August 5, 2009. declared to be an emergency mea- Awaiting the approval or disap- sure and, provided it receives the proval of the Mayor. affirmative vote of two-thirds of all Ord. No. 902-09. the members elected to Council, it By Council Members Zone and shall take effect and be in force Sweeney (by departmental request). immediately upon its passage and Ord. No. 901-09. An emergency ordinance authoriz- approval by the Mayor; otherwise it By Council Members Zone and ing the Director of Public Utilities shall take effect and be in force Sweeney (by departmental request). to participate in the Doan Brook from and after the earliest period An emergency ordinance authoriz- Watershed Partnership; and to cause allowed by law. ing the purchase by one or more payment for the City’s cost to par- Passed August 5, 2009. requirement contracts of hauling ticipate in and to implement the Awaiting the approval or disap- and disposal of water treatment objectives of the Partnership. proval of the Mayor. plant residuals, for the Division of Whereas, the Doan Brook Water- Water, Department of Public Utili- shed Partnership (the “Partnership”) ties, for a period of one year. was certified as a 501(c)(3) non- Whereas, this ordinance consti- profit in December 2001; and Ord. No. 906-09. tutes an emergency measure provid- Whereas, the Partnership replaces By Council Members Kelley, Cim- ing for the usual daily operation of the Joint Committee on the Doan perman and Sweeney (by depart- a municipal department; now, there- Brook Watershed, which for over 30 mental request). fore, years served as the focal point of An emergency ordinance deter- Be it ordained by the Council of watershed-wide communication and mining the method of making the the City of Cleveland: advocacy for the protection and public improvement of constructing Section 1. That the Director of enhancement of Doan Brook; and additional emergency generator power Public Utilities is authorized to Whereas, the vision of the Part- supply at Cleveland Hopkins Inter- make one or more written require- nership is to have broad participa- national Airport; authorizing the ment contracts under the Charter tion from the cities of Cleveland, Director of Port Control to enter into and the Codified Ordinances of Cleveland Heights, Shaker Heights, one or more public improvement con- Cleveland, Ohio, 1976, for the re- and various other stakeholder orga- tracts for the making of the quirements for a period of one year nizations and interested citizens to improvement; authorizing the Direc- of the necessary items of hauling collaborate and share resources to tor to employ one or more profes- and disposal of water treatment develop and implement a watershed sional consultants to design the plant residuals, in the approximate management plan to preserve and improvement; and to enter into var- amount as purchased during the pre- maintain Doan Brook; and ious written standard purchase and ceding term, to be purchased by the Whereas, the objectives of the requirement contracts needed in con- Commissioner of Purchases and Sup- Partnership are to secure and coor- nection with the improvement. plies on a unit basis for the Divi- dinate funding to sustain the orga- Whereas, this ordinance consti- sion of Water, Department of Public nization and to further the steward- tutes an emergency measure provid- Utilities. Bids shall be taken in a ship of Doan Brook in order to ing for the usual daily operation of 1555 90 The City Record August 12, 2009 a municipal department; now, there- Section 5. That the costs of the Section 1. That Our Lady of Good fore, requirement contract shall be Counsel Church, School, Rectory, Be it ordained by the Council of charged against the proper appro- Convent, and Hall, whose street ad- the City of Cleveland: priation accounts and the Director dresses in the City of Cleveland are Section 1. That, under Section 167 of Finance shall certify the amount 4411-4431 Pearl Road, S. W.; Cuya- of the Charter of the City of Cleve- of the initial purchase, which pur- hoga County Auditor’s Permanent land, this Council determines to chase, together with all later pur- Parcel Numbers are 011-02-001, 011- make the public improvement of chases, shall be made on order of 02-106, 011-02-107, and 011-02-108, also constructing additional emergency the Commissioner of Purchases known as the following described generator power supply at Cleve- and Supplies under a requisition property: land Hopkins International Airport, against the contract or contracts Beginning on the Southeasterly (the “Improvement”), for the Depart- certified by the Director of line of Pearl Road, S. W. (66 ft. ment of Port Control, by one or more Finance. wide), at the Southerly line of land contracts duly let to the lowest Section 6. That under Section conveyed to the Greater Cleveland responsible bidder or bidders after 108(b) of the Charter, the purchases Regional Transit Authority on Sep- competitive bidding for a gross authorized by this ordinance may be tember 9, 1975 by deed recorded in price for the Improvement. made through cooperative agree- Volume 13869, Page 547 of Cuyahoga Section 2. That the Director of ments with other governmental County records; thence Southeaster- Port Control is authorized to enter agencies. The Director of Port Con- ly along the Southerly line of said into one or more contracts for the trol may sign all documents that are Greater Cleveland Regional Transit making of the public improvement necessary to make the purchases, Authority land to the Westerly line with the lowest responsible bidder and may enter into one or more con- of John Koch’s Allotment as shown or bidders after competitive bidding tracts with the vendors selected by the recorded plat in Volume 27, for a gross price for the Improve- through that cooperative process. Page 27 of Cuyahoga County map ment, provided, however, that each Section 7. That the cost of the con- records; thence Southerly along the separate trade and each distinct tracts authorized shall be paid from Westerly line of said John Koch’s component part of the Improvement Fund Nos. 60 SF 104, 60 SF 106, 60 Allotment to the Northerly line of may be treated as a separate SF 141, 60 SF 112, 60 SF 115, 60 SF the Pearl Street Realty Company Improvement, and each, or any com- 116, 60 SF 117, 60 SF 119, 60 SF 121, Subdivision as shown by the record- bination, of the trades or compo- 60 SF 122, 60 SF 128, 60 SF 129, and ed plat in Volume 46, Page 3 of nents may be the subject of a sep- 60 SF 130, Request No. 175247. Cuyahoga County map records; arate contract for a gross price. On Section 8. That this ordinance is thence Westerly along the Norther- request of the director the contrac- declared to be an emergency mea- ly line of said Pearl Street Realty tor shall furnish a correct schedule sure and, provided it receives the Company Subdivision and its West- of unit prices, including profit and affirmative vote of two-thirds of all erly prolongation to the Easterly overhead, for all items constituting the members elected to Council, it line of land conveyed to Matther units of the Improvement. shall take effect and be in force and Frances Fuchs by deed dated Section 3. That the Director of immediately upon its passage and June 24, 1968 and recorded in Vol- Port Control is authorized to approval by the Mayor; otherwise it ume 12331, Page 899 of Cuyahoga employ by contract or contracts one shall take effect and be in force County deed records; thence Norther- or more consultants or one or more from and after the earliest period ly along the Easterly line of said firms of consultants for the pur- allowed by law. land conveyed to Matther and pose of supplementing the regular- Passed August 5, 2009. Frances Fuchs to the Northeasterly ly employed staff of the several Awaiting the approval or disap- corner thereof; thence Westerly departments of the City of Cleve- proval of the Mayor. along the Northerly line of land con- land in order to provide profes- veyed to Matther and Frances Fuchs sional services necessary to design as aforesaid to the Southeasterly the Improvement. line of Pearl Road as aforesaid; The selection of the consultants Ord. No. 907-09. thence Northeasterly along the for the services shall be made by By Council Member Kelley. Southeasterly line of said Pearl the Board of Control on the nomi- An emergency ordinance desig- Road to the place of beginning, nation of the Director of Port Con- nating Our Lady of Good Counsel Legal Description approved by trol from a list of qualified consul- Church, School, Rectory, Convent, Greg Esber, Section Chief, Plats, tants available for employment as and Hall as a Cleveland Landmark. Surveys and House Numbering Sec- may be determined after a full and Whereas, under Chapter 161 of the tion complete canvass by the Director of Codified Ordinances of Cleveland, which in its entirety is a property Port Control for the purpose of com- Ohio, 1976, the Cleveland Landmarks having special character or special piling a list. The compensation to be Commission (the “Commission”), has historical or aesthetic value as part paid for the services shall be fixed proposed to designate Our Lady of of the development, heritage, or cul- by the Board of Control. The con- Good Counsel Church, School, Rec- tural characteristics of the City, tract or contracts authorized shall tory, Convent, and Hall as a land- State, or the United States, is desig- be prepared by the Director of Law, mark; and nated a landmark under Chapter 161 approved by the Director of Port Whereas, a public hearing under of the Codified Ordinances of Cleve- Control, and certified by the Direc- division (b)(2) of Section 161.04 was land, Ohio, 1976. tor of Finance. held on February 12, 2009 to discuss Section 2. That this ordinance is Section 4. That the Director of the proposed designation of Our declared to be an emergency mea- Port Control is authorized to make Lady of Good Counsel Church, sure and, provided it receives the one or more written standard pur- School, Rectory, Convent, and Hall affirmative vote of two-thirds of all chase contracts and written require- as a landmark; and the members elected to Council, it ment contracts under the Charter Whereas, the Commission has rec- shall take effect and be in force and the Codified Ordinances of ommended designation of Our Lady immediately upon its passage and Cleveland, Ohio, 1976, the period of of Good Counsel Church, School, approval by the Mayor; otherwise it requirements to be determined by Rectory, Convent, and Hall as a shall take effect and be in force the director, for the necessary items landmark and has set forth certain from and after the earliest period of materials, equipment, supplies, findings of fact constituting the allowed by law. and services necessary to construct basis for its decision; and Passed August 5, 2009. the Improvement, including labor Whereas, this ordinance consti- Awaiting the approval or disap- and materials if necessary for tutes an emergency measure provid- proval of the Mayor. installation, to be purchased by the ing for the immediate preservation Commissioner of Purchases and Sup- of the public peace, property, health, plies on a unit basis for the Depart- and safety in that the immediate ment of Port Control. Bids shall be protection of the historic landmark Ord. No. 908-09. taken in a manner that permits an is necessary to safeguard the spe- By Council Members Conwell and award to be made for all items as cial historical, community, or aes- Sweeney (by departmental request). a single contract, or by separate thetic interest or value in the land- An emergency ordinance authoriz- contract for each or any combina- mark; now, therefore ing the purchase by one or more tion of the items as the Board of Be it ordained by the Council of contracts of one driving simulator Control determines. the City of Cleveland: and a modular classroom, including 1556 August 12, 2009 The City Record 91 appurtenances and training, and not approval by the Mayor; otherwise it Ord. No. 910-09. to exceed ten police cruisers with shall take effect and be in force By Council Members Zone, John- standard police vehicle equipment to from and after the earliest period son and Sweeney (by departmental implement the 2009 State Byrne allowed by law. request). Memorial Justice Assistance Grant Passed August 5, 2009. An emergency ordinance authoriz- (JAG) “COPS for Cleveland”, for the Awaiting the approval or disap- ing the Director of Parks, Recre- Division of Police, Department of proval of the Mayor. ation and Properties to enter into Public Safety. one or more contracts with McK- Whereas, one of the economic ben- night Associates Ltd. for profession- efits under the American Recovery al services necessary to design revi- and Reinvestment Act of 2009, also Ord. No. 909-09. sions to the Zone Recreation Center known as the Stimulus Bill, Pub.L. By Council Members Conwell and Master Plan. 111-5, H.R.1, S. 1 (“ARRA”), allowed Sweeney (by departmental request). Whereas, this ordinance consti- Cities to receive funding for eligible An emergency ordinance authoriz- tutes an emergency measure provid- improvements, projects, and pro- ing the Director of Public Safety to ing for the usual daily operation of grams; and enter into one or more contracts a municipal department; now, there- Whereas, under the authority of with Roger Oviatt and Elsie Day to fore, Ordinance No. 463-09, passed April implement the 2009 Edward Byrne Be it ordained by the Council of 20, 2009, this Council authorized the Memorial Competitive Grant; and to the City of Cleveland: Director of Finance or the Director enter into one or more agreements Section 1. That the Director of responsible for the eligible improve- with various agencies and entities Parks, Recreation and Properties is ments, projects, and programs to to implement the grant. authorized to enter into one or more apply for and accept these ARRA Whereas, one of the economic ben- contracts with McKnight Associates funds from Federal, State, or other efits under the American Recovery Ltd. for professional services neces- public entities; and and Reinvestment Act of 2009, also sary to design revisions to the Zone Whereas, this ordinance consti- known as the Stimulus Bill, Pub.L. Recreation Center Master Plan on tutes an emergency measure provid- 111-5, H.R.1, S. 1 (“ARRA”), allowed the basis of its proposal dated April ing for the usual daily operation of Cities to receive funding for eligible 20, 2009, in the total sum of $215,200, a municipal department; now, there- improvements, projects, and pro- for the Department of Parks, Recre- fore, grams; and ation and Properties. The contract Be it ordained by the Council of Whereas, under the authority of or contracts shall be paid from Fund the City of Cleveland: Ordinance No. 463-09, passed April Nos. 20 SF 377, 20 SF 382, 20 SF 392, Section 1. That the Director of 20, 2009, this Council authorized the 20 SF 501, 20 SF 504, 20 SF 508, 20 Public Safety is authorized to make Director of Finance or the Director SF 516, and 20 SF 523, Request No. one or more written contracts under responsible for the eligible improve- 132973. the Charter and the Codified Ordi- ments, projects, and programs to Section 2. That this ordinance is nances of Cleveland, Ohio, 1976, for apply for and accept these ARRA declared to be an emergency mea- each or all of the following items: funds from Federal, State, or other sure and, provided it receives the public entities; and affirmative vote of two-thirds of all one driving simulator and a modu- Whereas, this ordinance consti- the members elected to Council, it lar classroom, including appurte- tutes an emergency measure provid- shall take effect and be in force nances and training, and not to ing for the usual daily operation of immediately upon its passage and exceed ten police cruisers with stan- a municipal department; now, there- approval by the Mayor; otherwise it dard police vehicle equipment to be fore, shall take effect and be in force purchased by the Commissioner of Be it ordained by the Council of from and after the earliest period Purchases and Supplies on a unit the City of Cleveland: allowed by law. basis, to implement the 2009 State Section 1. That the Director of Passed August 5, 2009. Byrne Memorial Justice Assistance Public Safety is authorized to enter Awaiting the approval or disap- Grant (JAG) “COPS for Cleveland” into one or more contracts with proval of the Mayor. as described in File No. 908-09-A, for Roger Oviatt and Elsie Day for pro- the Division of Police, Department fessional services necessary to of Public Safety. implement the 2009 Edward Byrne Section 2. That under Section Memorial Competitive Grant as Ord. No. 917-09. 108(b) of the Charter, the purchas- described in File No. 909-09-A, for By Council Members Conwell and es authorized by this ordinance the Department of Public Safety. Sweeney (by departmental request). may be made through cooperative Section 2. That the Director of An emergency ordinance authoriz- agreements with other governmen- Public Safety is authorized to enter ing the Director of Public Safety to tal agencies. The Director of Pub- into one or more contracts with the apply for and accept a grant from lic Safety may sign all documents United States Attorney General, the U.S. Department of Justice, that are necessary to make the pur- Ohio Attorney General, Ohio Depart- Bureau of Justice Assistance for the chases, and may enter into one or ment of Public Safety Office of 2009 Gang Resistance Education and more contracts with the vendors Criminal Justice Services, Kent Training Program. selected through that cooperative State University, the Cities of Whereas, this ordinance consti- process. Akron, Canton, Elyria, Lorain, Mans- tutes an emergency measure provid- Section 3. That the Director of field, Toledo, and Youngstown, and ing for the usual daily operation of Finance is authorized to pay a cash other agencies and entities to imple- a municipal department; now, there- match in connection with receiving ment the grant as described in the fore, the 2009 State Byrne Memorial Jus- file. Be it ordained by the Council of tice Assistance Grant (JAG) “COPS Section 3. The contract or con- the City of Cleveland: for Cleveland” authorized under tracts shall be paid from the fund Section 1. That the Director of Ordinance No. 463-09, passed April or funds which are credited the Public Safety is authorized to apply 20, 2009 in the amount of $590,554.15, grant proceeds accepted under Ordi- for and accept a grant in the ap- payable from Fund No. 01-600201- nance No. 463-09, passed April 20, proximate amount of $100,000, and 507000. 2009. any other funds that may become Section 4. That the cost of the con- Section 4. That this ordinance is available during the grant term, tract or contracts shall paid from declared to be an emergency mea- from the U.S. Department of Justice, the fund or funds which are credit- sure and, provided it receives the Bureau of Justice Assistance to con- ed the grant proceeds received affirmative vote of two-thirds of all duct the 2009 Gang Resistance Edu- under Ordinance No. 463-09, passed the members elected to Council, it cation and Training (“GREAT”) April 20, 2009, and from the cash shall take effect and be in force Program that the Director of Public match. immediately upon its passage and Safety is authorized to file all Section 5. That this ordinance is approval by the Mayor; otherwise it papers and execute all documents declared to be an emergency mea- shall take effect and be in force necessary to receive the funds under sure and, provided it receives the from and after the earliest period the grant; and that the funds are affirmative vote of two-thirds of all allowed by law. appropriated for the purposes set the members elected to Council, it Passed August 5, 2009. forth in the application for the shall take effect and be in force Awaiting the approval or disap- grant contained in the file described immediately upon its passage and proval of the Mayor. below. 1557 92 The City Record August 12, 2009

Section 2. That the application for approval by the Mayor; otherwise it the purchase or lease of television the grant, File No. 917-09-A, made a shall take effect and be in force and radio advertising time and other part of this ordinance as if fully re- from and after the earliest period media. written, as presented to the Finance allowed by law. Whereas, one of the economic ben- Committee of this Council at the Passed August 5, 2009. efits under the American Recovery public hearing on this legislation, Awaiting the approval or disap- and Reinvestment Act of 2009, also including the obligation of the City proval of the Mayor. known as the Stimulus Bill, Pub.L. to provide matching funds in the 111-5, H.R.1, S. 1 (“ARRA”), allowed sum of $11,111, payable from Fund Cities to receive funding for eligible Nos. 10 SF 025, 10 SF 027, and 10 SF improvements, projects, and pro- 049, are approved in all respects and Ord. No. 919-09. grams; and shall not be changed without addi- By Council Members Conwell and Whereas, under the authority of tional legislative authority. Sweeney (by departmental request). Ordinance No. 463-09, passed April Section 3. That the Director of An emergency ordinance authoriz- 20, 2009, this Council authorized the Public Safety shall have the author- ing the Director of Public Safety to Director of Finance or the Director ity to extend the term of the grant apply for and accept a grant from responsible for the eligible improve- if the extension does not involve an the U.S. Department of Justice for ments, projects, and programs to increase in the dollar amount of the the 2009 Paul Coverdell Forensic Sci- apply for and accept these ARRA grant specified above. ence Improvement Grant. funds from Federal, State, or other Section 4. That this ordinance is Whereas, this ordinance consti- public entities; and declared to be an emergency mea- tutes an emergency measure provid- Whereas, this ordinance consti- sure and, provided it receives the ing for the usual daily operation of tutes an emergency measure provid- affirmative vote of two-thirds of all a municipal department; now, there- ing for the usual daily operation of the members elected to Council, it fore, a municipal department; now, there- shall take effect and be in force Be it ordained by the Council of fore, immediately upon its passage and the City of Cleveland: Be it ordained by the Council of approval by the Mayor; otherwise it Section 1. That the Director of the City of Cleveland: shall take effect and be in force Public Safety is authorized to apply Section 1. That the Director of Pub- from and after the earliest period for and accept a grant in the ap- lic Safety is authorized to enter into allowed by law. proximate amount of $88,915, and one or more contracts with various Passed August 5, 2009. any other funds that may become agencies, entities, or individuals, Awaiting the approval or disap- available during the grant term, including but not limited to, Com- proval of the Mayor. from the U.S. Department of Justice munity Re-Entry, Cuyahoga Munici- to conduct the 2009 Paul Coverdell pal Housing Authority, Cleveland Forensic Science Improvement Grant Metropolitan School District, Ohio that the Director of Public Safety is State University, Kent State Univer- Ord. No. 918-09. authorized to file all papers and sity, Partnership for a Safer Cleve- execute all documents necessary to By Council Members Conwell and land, and Challenge Day, Inc. to receive the funds under the grant; Sweeney (by departmental request). implement the 2009 State Byrne and that the funds are appropriated An emergency ordinance authoriz- Memorial Justice Assistance Grant for the purposes set forth in the ing the Director of Public Safety to as described in File No. 923-09-A, application for the grant contained apply for and accept a grant from the during the grant term. in the file described below. Ohio Attorney General for the Special Section 2. That the Director of Section 2. That the application for Ohio Drug Use Prevention Grant. Public Safety is authorized to enter the grant, File No. 919-09-A, made a Whereas, this ordinance consti- into one or more contracts with part of this ordinance as if fully re- tutes an emergency measure provid- Adcom Communications for profes- written, as presented to the Finance ing for the usual daily operation of Committee of this Council at the sional services necessary to provide a municipal department; now, there- public hearing on this legislation, marketing, education, and aware- fore, are approved in all respects and ness services during the grant term. Be it ordained by the Council of shall not be changed without addi- Section 3. That the Director of the City of Cleveland: tional legislative authority. Public Safety is authorized to make Section 1. That the Director of Pub- Section 3. That the Director of one or more written contracts under lic Safety is authorized to apply for Public Safety shall have the author- the Charter and the codified Ordi- and accept a grant in the amount of ity to extend the term of the grant nances of Cleveland, Ohio, 1976, for $52,864.86, from the Ohio Attorney if the extension does not involve an the purchase or lease of television General to conduct the Special Ohio increase in the dollar amount of the and radio advertising time and other Drug Use Prevention Grant; that the grant specified above. media, for the Department of Public Director of Public Safety is autho- Section 4. That this ordinance is Safety during the grant term. rized to file all papers and execute declared to be an emergency mea- Section 4. That the Director of all documents necessary to receive sure and, provided it receives the Finance is authorized to pay a cash the funds under the grant; and that affirmative vote of two-thirds of all match in connection with receiving the funds are appropriated for the the members elected to Council, it the 2009 State Byrne Memorial Jus- purposes set forth in the application shall take effect and be in force tice Assistance Grant authorized for the grant contained in the file immediately upon its passage and under Ordinance No. 463-09, passed described below. approval by the Mayor; otherwise it April 20, 2009 in the amount of Section 2. That the application for shall take effect and be in force $74,216.69, payable from Fund Nos. the grant, File No. 918-09-A, made a from and after the earliest period 10 SF 025, 10 SF 027, and 20 SF 049. part of this ordinance as if fully re- allowed by law. Section 5. That the costs of the con- written, and shall not be changed Passed August 5, 2009. tract or contracts authorized by this without additional legislative authori- Awaiting the approval or disap- ordinance shall be paid from the fund ty, including the obligation of the proval of the Mayor. or funds which are credited the grant City of Cleveland to provide cash proceeds accepted under Ordinance matching funds in the amount of No. 463-09, passed April 20, 2009, and $52,864.86 from Fund No. 01-600201- from the cash match. 507000, is approved in all respects. Ord. No. 923-09. Section 6. That this ordinance is Section 3. That the Director of By Council Members Conwell and declared to be an emergency mea- Public Safety shall have the author- Sweeney (by departmental request). sure and, provided it receives the ity to extend the term of the grant An emergency ordinance authoriz- affirmative vote of two-thirds of all if the extension does not involve an ing the Director of Public Safety to the members elected to Council, it increase in the dollar amount of the enter into one or more contracts shall take effect and be in force grant specified above. with various agencies, entities, or immediately upon its passage and Section 4. That this ordinance is individuals needed to implement the approval by the Mayor; otherwise it declared to be an emergency mea- 2009 State Byrne Memorial Justice shall take effect and be in force sure and, provided it receives the Assistance Grant; authorizing the from and after the earliest period affirmative vote of two-thirds of all Director to enter into one or more allowed by law. the members elected to Council, it contracts with Adcom Communica- Passed August 5, 2009. shall take effect and be in force tions for marketing, education, and Awaiting the approval or disap- immediately upon its passage and awareness services; and authorizing proval of the Mayor. 1558 August 12, 2009 The City Record 93

Ord. No. 924-09. By Council Members Cleveland, Dow and Sweeney (by departmental request). An emergency ordinance to repeal Sections 227.01 through 227.25 and 227.99 of the Codified Ordinances of Cleve- land, Ohio, 1976, as amended and enacted by various ordinances; and to supplement the codified ordinances by enacting new Sections 227.01 to 227.35 and 227.99 relating to day cares. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the following sections of the Codified Ordinances of Cleveland, Ohio, 1976, Section 227.01, as amended by Ordinance No. 2973-85, passed January 27, 1986, Section 227.02, repealed by Ordinance No. 1600-90, passed June 18, 1990, Sections 227.03, 227.04, and 227.05, as enacted by Ordinance No. 63410-A, passed September 22, 1924, Sections 227.06, as amended by Ordinance No. 2393-02, passed February 3, 2003, Sections 227.07 through and including 227.25 and 227.99, as enacted by Ordinance No. 63410-A, passed September 22, 1924, are repealed. Section 2. That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Sections 227.01 through 227.35 and 227.99 to read as follows:

CHAPTER 227 DAY CARE CENTERS

Section 227.01 Definition As used in this Chapter, “Day Care Center” means an institution or place in which seven or more children not of common parentage, are received for periods of not less than four hours, nor more than twenty-four hours at one time, for care apart from their parents, whether for compensation, reward or otherwise.

Section 227.02 Permit Required No day care center shall be opened, maintained or conducted in the City of Cleveland without a written per- mit having been first issued by the Commissioner of Assessments and Licenses. No person, firm or corporation shall open, maintain, conduct or assist in the opening, maintenance or conduct of a day care center in the City, except after a permit has been issued, and then only in full compliance with all the provisions of this chapter.

Section 227.03 Permit Application Any person, firm, association or corporation desiring a permit to open, maintain and conduct a day care cen- ter shall make written application to the Commissioner of Assessments and Licenses, and that application shall state the name and residence of the applicant, and if the applicant is a corporation or association, the name and residence of all the officers; the present or proposed location of the day care center; the purpose for which it is to be opened, maintained or conducted; the accommodations provided for the children to be admitted to the day care center; the name and address of the superintendent or of the person or persons to be in charge; and other information as the Commissioner may request.

Section 227.04 Inquiry Preliminary to Granting Permit The Commissioner of Health, after such application is made, shall make or cause to be made a strict investi- gation of the statements and information contained in the application, and a thorough inspection of the premis- es intended to be used for the day care center.

Section 227.05 Conditions on Which Permit is Granted; Fee (a) If the Commissioner of Health finds that the statements in the application are correct; that the premises intended to be used as a day care center are suitably located for a day care center and adequately equipped with all necessary heating, ventilating and sanitary devices to ensure the health and well-being of the children to be admitted to the day care center; that the application is made in good faith for the care and betterment of the children; that the superintendent or person to be in charge of the day care center is of good moral character and of sufficient knowledge, experience and ability to properly conduct, manage and maintain the day care center; that the proposed day care center and the premises occupied by the same comply in all respects with the require- ments of this chapter; then, but not otherwise, the Commissioner of Health shall recommend to the Commission- er of Assessments and Licenses in writing, that a license be issued. The Commissioner of Assessments and Licens- es shall issue or cause to be issued a permit authorizing the applicant or applicants in question to open and con- duct a day care center at the place specified, which permit shall state the maximum number of children that may be admitted to or cared for in the day care center at one time. The fee to be paid annually to the City Trea- surer for the permit shall be fifty dollars ($50.00) and no permit shall be issued except upon payment of the fee. Every permit issued under this section shall expire on December 31 of the year in which it is issued, and no sec- ond or succeeding permit shall be issued to any person, firm, association, or corporation, except after a rein- spection of the premises, as provided for in the case of the issuance of an original permit. (b) Each day care center shall arrange for annual inspections by the City’s Building Department and the Divi- sion of Fire. The day care center shall provide certification to the Department of Health that it is in full com- pliance with the City Building and Fire Codes.

Section 227.06 Posting of Valid State and City Licenses; Change of Ownership or Change of Address Each day care center shall post in a public area a valid state and city license to operate a day care facility. Both licenses shall be located in an area that is easily noticed upon inspection. Upon change of ownership or 1559 94 The City Record August 12, 2009 upon change of address, day care centers must reapply to the Commissioner of Assessments and Licenses for a new city license in order to maintain the validity of the license.

Section 227.07 Right of Entry; Revocation of Permit The Commissioner of Health or his or her designee shall inspect, or cause to be inspected all day care centers in the City, whenever and as often as shall be necessary for the adequate supervision, control and regulation of the same. Whenever the Commissioner receives a written or verbal complaint to the effect that any day care cen- ter in the City is not managed, maintained, operated or conducted in compliance with the provisions of this chap- ter, or that the physical or moral well-being of any child or children cared for in any day care center is not being adequately and properly provided for, the Commissioner shall, within ten days after the written complaint has been delivered to him, cause an investigation of the day care center complained of to be made, and shall make or cause to be made a written report of the result of the investigation. The Commissioner is authorized and empowered either by himself, or any representative designated by him for that purpose, to enter any day care center in the City and the premises on which the same is conducted, for the purpose of making full inspec- tion. If upon any inspection the Commissioner finds that any of the provisions of this chapter are being violat- ed in connection with the conduct and operation of any day care center, or that the physical and moral well- being of any child or children cared for is not being adequately provided for, then and in such event he may revoke the permit issued for the operation of the day care center, and the operation of the day care center shall become unlawful.

Section 227.08 Staff Requirements (a) All employees must be subject to a medical exam before being hired. All employees must have updated tuberculosis vaccinations before being hired and updated according to medical standards. The medical records and tuberculosis vaccination records must be kept in the employees’ personnel files and are subject to inspection by the Commissioner of Health or his or her designee. (b) All employees must subject themselves to a criminal records check in accordance with Chapter 5104 of the Ohio Revised Code and Chapter 5101:2-12 of the Ohio Administrative Code; the results of which must be kept in the employees’ personnel files. Those persons found to have a criminal record shall not be employed in any capac- ity in or own or operate a school child day care center, unless permitted by Chapter 5104 of the Ohio Revised Code or Chapter 5101:2-12 of the Ohio Administrative Code. (c) No employee shall abuse or neglect children and all employees shall protect children from abuse and neglect while in the center’s care. All employees have a legal duty to immediately report any act or suspected act of child abuse or neglect to the local public children’s service agency as provided for in Chapter 5104 of the Ohio Revised Code or Chapter 5101:2-12 of the Ohio Administrative Code.

Section 227.09 Admission Policies and Procedures (a) Parents and Guardians of children at day care centers shall be provided with written information con- cerning the program and activities of the center. The information shall include the following: (1) The center’s name, address and telephone number. (2) That the center is licensed to operate legally and the number of children and the age categories the cen- ter is licensed to serve. (3) That the state department of Job and Family services issues the center a license which is posted in a con- spicuous place for review. (4) That the law and rules governing child day care are available at the center for review upon request. (5) That the department of Job and Family Services’ toll-free number is available, and any person may use it to report a suspected violation by the center. (6) That the administrator and each employee of the center are required under Ohio law to report their sus- picions of child abuse or child neglect. (7) That any custodial parent, custodian, or guardian of a child enrolled in a center shall be permitted unlim- ited access to the center during its hours of operation for the purpose of contacting their children, evaluating the care provided by the center or evaluating the premises. Upon entering the premises, the custodial parent, cus- todian, or guardian shall notify the administrator of his presence. (8) That rosters of names and telephone numbers of parents, custodians, or guardians of children attending the center are available on request. Parents shall be notified that the rosters shall not include the name or telephone number of any parent, custodian, or guardian who requests the administrator not include his name or telephone number. (9) That the center’s licensing record including, but not limited to, compliance report forms from the depart- ment and evaluation forms from the health, building, and fire departments that inspected the center, is available on request from the department. (10) That it is unlawful to discriminate in the enrollment of children upon the basis of race, color, religion, sex, or national origin. (11) That it is unlawful to smoke on the premises during the Center’s hours of operation and all Centers shall comply with Ohio laws and regulations regarding smoking. (b) Parents and Guardians of children at day care centers shall be provided with written information con- cerning the center’s program including, at a minimum: (1) Day and hours of operation. (2) The maximum number of children per staff member allowed. (3) A sample of the daily program schedule for the group of children in which the child will receive care. (c) Parents and Guardians of children at day care centers shall be provided with written information concerning the center’s policies concerning: (1) Discipline and safety. (2) The serving of meals and snacks. 1560 August 12, 2009 The City Record 95

(3) Emergencies, accidents, management of communicable illnesses and administration of medications. (4) Fees, registration, rebates, overtime charges, and permanent withdrawals. (5) The release of the child from the center to any other person other than the custodial parent or guardian. (6) The transportation of children including, but not limited to, transportation of a child to the source of emer- gency medical care or emergency dental care and transportation for routine trips, field trips, or special outings. (7) The center’s plan for parental participation. (8) The center’s plan for the supervision of children. (d) A copy of the policies stated above must be kept on file at the day care center and is subject to inspec- tion by the City of Cleveland.

Section 227.10 Parental or Guardian Access (a) The residential parent, custodian, or guardian of a child enrolled in a day care center shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting the child, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the direc- tor. Upon entering the premises, the residential parent, custodian, or guardian shall notify the administrator or his designee of his presence. (b) A parent of a child enrolled in a day care center that is not the child’s residential parent shall be per- mitted unlimited access to the center during its hours of operation for those purposes and conditions under which the residential parent of that child is permitted access to the center. However, the access of the parent who is not the residential parent is subject to and limited by any agreement between parents and, to the extent described in Chapter 5104 of the Ohio Revised Code, is subject to and limited by any terms or conditions limiting the right of access of the parent who is not the residential parent, as described in section 3109.051 of the Revised Code, that are contained in a visitation order or decree issued under that section, section 3109.11 or 3109.12 of the Revised Code, or any other provision of the Revised Code.

Section 227.11 Ventilation, Light, Heat and Screening (a) All rooms in a day care center shall be adequately heated and ventilated, and no room shall be used for day care center purposes unless the same has windows opening on a public thoroughfare, or a yard or court not less than ten feet wide, which windows shall have a total glass and sash area equivalent to one-eighth of the total floor area of the room. (b) Each room used for day care center purposes shall be properly ventilated and no day care center shall be operated or conducted unless it is provided with a heating apparatus approved by the Commissioner of Health and installed in conformity with law and ordinance, sufficient to maintain a temperature of not less than 68° F., at all times in all parts of the day care center to which children are admitted. (c) All doors, windows and other outside openings of any day care center shall be adequately provided with screens from May 15 to November 15 of each year while the day care center is in operation, so as to prevent the entrance of flies into the day care center. Each day care center shall be kept and maintained free from flies and other insects.

Section 227.12 Floor Space (a) The day care center shall have, for each child for whom the center is licensed, at least thirty-five square feet of usable indoor floor space wall-to-wall regularly available for the child care operation exclusive of any parts of the structure in which the care of children is prohibited by law or by rules adopted by the board of building standards. (b) Each bed or crib shall be so placed at all times as to provide a space of not less than one foot on all sides around such bed or crib, except where the bed or crib may be in contact with a wall. Nothing contained in this chapter, however, shall prevent the installation of sectional metal beds of the type and construction approved by the Commissioner of Health.

Section 227.13 Rooms Above Ground Level No room shall be used for day care center purposes unless the floor is above ground level, except if the Com- missioner of Health and the Division of Fire shall upon a full examination of such room pronounce the same safe, healthful and sanitary.

Section 227.14 Outdoor Play Space and Playgrounds (a) Each day care center shall have on the site a safe outdoor play space which is enclosed by a fence or oth- erwise protected from traffic or other hazards. The play space shall contain not less than sixty square feet per child using such space at any one time, and shall provide an opportunity for supervised outdoor play each day in suitable weather. The Commissioner of Health may exempt a center from the requirement if an outdoor play space is not available and if all of the following are met: (1) The center provides an indoor recreation area that has not less than sixty square feet per child using the space at any one time, that has a minimum of one thousand four hundred forty square feet of space, and that is separate from the indoor space required under Section 227.12 of this section. (2) The Commissioner of Health has determined that there is regularly available and scheduled for use a con- veniently accessible and safe park, playground, or similar outdoor play area for play or recreation. (3) The children are closely supervised during play and while traveling to and from the area. (b) Stationary outdoor equipment such as, but not limited to, climbing gyms, swings or slides, shall be placed out of the path of the main traffic pattern in the yard and shall be securely anchored unless portable by design. (c) Outdoor play surfaces shall be maintained daily and shall be kept free of hazards and debris. (d) Wading pools shall be filtered, emptied, or drained daily. When not in use, the pools shall be stored or oth- erwise made inaccessible to children. 1561 96 The City Record August 12, 2009

Section 227.15 Premises to be Kept Clean Each day care center, every part of a day care center, and all areas appurtenant to a day care center, shall be kept in a clean, sanitary and healthful condition, free from dangerous or noxious substances of any kind, or any conditions that may, in the judgment of the Commissioner of Health, tend to injure the physical or moral well-being of the children admitted or cared for in the day care center. No dry dusting or sweeping shall be done in any day care center while children are cared for in the day care center. No spraying of pesticides shall be done in any day care center while children are cared for in the day care center.

Section 227.16 Bedding (a) Each center shall provide a quiet space for children who want to rest, nap, or sleep. The center or parent shall provide a clean and washable pad, mat, or comfortable furniture for children to use to rest, nap or sleep. No child shall be permitted to rest, nap, or sleep on the floor without a mat, pad, cot or comfortable furniture. (b) When children rest, nap, or sleep on mats or pads, floors shall be clean, warm, dry, and draft free. (c) Evacuation routes shall not be blocked by resting children. Each child shall have a free and direct means of escape, and the child care staff members shall have a clear path to each child. (d) Children not of common parents may not occupy the same sleeping space at the same time.

Section 227.17 Care of Children’s Clothing and Diapering (a) All children’s clothing must be kept clean and dry throughout the time at the day care center. (b) Changing of diapers for all non-toilet trained school children shall be handled in conformity with the fol- lowing methods: (1) Changing of diapers for all non-toilet trained school children shall occur in a space that contains a hand- washing facility. (2) Hands of the adult caring for the child shall be washed with soap and water after each diaper change. (3) If a central diaper changing station is to be used, there shall be a separation material placed between the child and the changing surface. The separation material shall be replaced after each diaper change with a clean separation material. (4) The central diaper changing station shall be disinfected after each diaper change with an appropriate ger- micidal agent. If the diaper changing station is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent. (5) Any product used during diaper changing which is used on more than one child shall be used in a way that the container does not touch the child. Any product obtained from a common container and applied to a child shall be applied in a manner that does not contaminate the product or its container. Common containers shall be cleaned and disinfected with an appropriate germicidal agent when soiled. (c) Storing of clean diapers and clothing shall be handled under the following methods: (1) A clean supply of diapers and clothing shall be available at all times and shall be stored in a specifical- ly designated area. (2) Diapers and clothing used during diaper changing brought from the child’s home shall be stored in a space assigned exclusively for each school children’s belongings. (d) Storage and laundering of soiled diapers and clothing shall be handled under the following methods: (1) Diapers and clothing soiled with fecal matter and sent home with a child need not be rinsed at the cen- ter, but may be placed directly into a plastic container or bag, sealed tightly, and stored away from the rest of the child’s belongings and out of reach of children. (2) Soiled diapers to be disposed of or cleaned by the center shall be placed in common plastic-lined, covered container which shall be emptied, cleaned, and disinfected with an appropriate germicidal agent daily or more frequently as needed. Diapers to be laundered at the center should be stored in an appropriate germicidal solu- tion until laundered. (3) Soiled diapers to be commercially laundered shall be held for pickup for laundering for no longer than seven days. (4) Diapers to be laundered at home or by the center shall be held for no longer than one day. (5) Soiled disposable diapers shall be discarded daily. (6) Disposable materials are recommended for diaper changing, and if used, shall be used once and discarded. If washcloths or other washable materials are used, they shall be used once and stored in an appropriate ger- micidal solution until laundered.

Section 227.18 Use of Common Items Prohibited The common use of washcloths, towels, bed linen, combs, tooth brushes, hair brushes and drinking cups, and other personal affects is prohibited.

Section 227.19 Toilet Facilities Each day care center shall be adequately supplied with hot and cold water and toilet facilities within the building or part of the building used as the day care center. The hot water shall not go above 120 Degrees Fahrenheit. Scald controls shall be placed on all hot water dispensers to which children have access. There shall be separate toilets for boys and girls of school age and sinks and toilets shall be of a suitable height for the age and size of the children. If toilets and sinks are not of a suitable height for children, the center shall provide a sturdy portable platform on which the children may stand. All toilet facilities shall be equipped with adequate toilet tissue, soap and hand-drying mechanisms, including towels or air driers. Each day care center that uses a toilet training apparatus must clean the apparatus after each individual use and the appa- ratus must be stored in an appropriate place after use. Toilet facilities shall be cleaned on a regular basis using germicidal substances, but cleaning must not take place while the children are in attendance. 1562 August 12, 2009 The City Record 97

Section 227.20 Isolation Room or Area Each day care center shall be provided with an isolation room/area of adequate size to provide for the isola- tion and care of any child having or suspected of having any contagious, infectious, parasitic or communicable disease, pending the examination of such child, and its removal from the day care center. Such isolation room/area shall be completely separated from all other parts of the day care center, and shall be so situated, maintained and equipped as to prevent the communication or spread of any disease from any occupant of such isolation room to other children admitted to or cared for in such day care center. The isolation room shall be equipped with a cot, at a minimum, for children to lie down and rest while being isolated.

Section 227.21 Communicable Disease (a) Each day care center shall have a written policy concerning the management of communicable disease for both attendees and staff. This policy shall be available to all parents and guardians of children at the center, each employee of the center and to the director on request. The policy shall include, at a minimum: (1) The center’s means of training all staff on signs and symptoms of illness and in hand washing and dis- infection procedures. (2) The center’s policy regarding the management of communicable disease among the center’s employees. (3) The list of symptoms for which a child shall be discharged from the center. (4) Procedures for isolating and discharging an ill child and policy for readmitting a child. (5) Location of Ohio department of health “Child Day Care Communicable Disease Chart” which shall be post- ed in each center. (6) Procedure for immediate notification of the parent or guardian when a child is exhibiting signs or symp- toms of illness or has been exposed to a communicable disease. (7) The center’s policy for administration of medications to any child at the center. (8) The center’s policy regarding the care of a mildly ill child. (b) A daily health check shall be conducted every day to recognize the signs of communicable disease and all results shall be documented and kept on file. (c) Day care centers shall follow the Ohio Department of Health “Child Day Care Communicable Disease Chart” for appropriate management of suspected illnesses. This chart shall be posted in the day care center. (d) Any child absent from any day care center for more than three days shall be subjected to a medical exam- ination and proper documentation of said exam shall be presented to the day care center to indicate permission to return to the day care center.

Section 227.22 Care and Selection of Food (a) Each day care center that prepares and/or serves food must post food licenses issued by the Department of Public Health or exemption thereof in a conspicuous place, easily noticed by all who enter the day care cen- ter. Current menus for the entire week shall be posted in a conspicuous place and shall reflect all meals, includ- ing breakfast, lunch, dinner or supper, and snacks to be served by the center; any substitute foods served shall be from the basic food groups and shall be recorded on the posted menu on the day the substitute food is served. Special efforts should be made to serve healthy food and beverage options to the children. (b) All food used by the day care center or food provided by the parents of the children shall be stored safe- ly and in a sanitary way. Storage of foods shall meet the requirements of Chapter 3732 of the Revised Code and any relevant regulations adopted by the public health council. Refrigerators shall be set to hold food at a tem- perature below 41 degrees Fahrenheit. The thermostat shall be in good working condition and accurate. (c) Fluid milk shall be vitamin D fortified. Low-fat, skim, or dry powdered skim milk shall be vitamin A and D fortified. Prepared baby formula may also be used to feed infants. Breast milk must be labeled with name and date of issue. Refrigerated breast milk must not be kept for more than 24 hours. Frozen breast milk may be stored for up to three months. All nipples, bottles and containers of food and drink used in any day care center shall be kept thoroughly clean and capped with plastic tops and labeled with the child’s name at all times. (d) Parents may provide food for their children at the day care center if the center secures a proper valid food license, the center has a policy which addresses the center’s procedures for providing a meal or snack to a child who comes to the center without food from home, and the center provides parents with nutritional guidelines of what foods must be provided for their children. Parents need to check with the day care center to find out if there are foods or products that are disallowed because a particular child or children at the center may be aller- gic to that food or product.

Section 227.23 Sanitary Condition of Day Care Centers (a) Each day care center and all of the rooms, walls, floors, ceilings, closets, cupboards, stoves, refrigerators, furniture and other appurtenances, shall be kept in a thoroughly clean and sanitary condition at all times, and free from any dangerous, noxious or deleterious substances or conditions. (b) Furniture, equipment, and materials which are not usable due to breakage or hazards shall be removed immediately and either repaired or discontinued from use. (c) Washable equipment and furniture shall be cleaned with soap and water at least two times each year. Addi- tionally, any item soiled during daily use by, but not limited to, blood, vomitus, toileting accidents and spills shall immediately be cleaned with soap and water and then disinfected with a germicidal agent. Toys and other items placed in children’s mouths shall be cleaned thoroughly and disinfected with an appropriate germicidal solution and rinsed with water daily and immediately if soiled with blood, feces, urine or vomitus. (d) All electrical outlets shall be covered to prevent accidents. (e) If electrical fans are used, they shall have protective coverings, shall not be easily tipped over, and shall be placed so that they are not hazardous to children. (f) Cleaning equipment shall be stored in a space that is inaccessible to children. Cleaning agents, aerosol cans, or other chemical substances shall be stored in their original containers and/or clearly labeled, and stored in a space that is designated for the storage of such items and that is inaccessible to children. 1563 98 The City Record August 12, 2009

(g) Blankets and/or sheets belonging to the center used by the children shall be laundered at least every week or more often if soiled. If a blanket and/or sheet is used by a different child, it shall be laundered between uses. (h) Accumulated trash and garbage shall be stored outside of the outdoor or indoor play area and shall not be accessible to the children.

Section 227.24 First Aid Supplies First Aid supplies shall be readily available at all times the day care center is in operation. First Aid supplies shall be organized and easily accessible and shall include: one roll of one-half inch non-allergenic adhesive tape, one roll of two inch gauze roller bandage, ten individual wrapped sterile gauze squares in various sizes, twen- ty five adhesive compresses (band aids), three cotton towels or sheeting, one pair of scissors, assorted sizes of safety pins, one flashlight, one thermometer, one measuring spoon or dosing spoon, tweezers, and one-third of a cup of powdered milk for dental first aid. Supplies shall be replaced as they are used, become damaged, or are sterile no longer.

Section 227.25 Program and Equipment (a) Each center shall provide each day a balance of both quiet and active play suitable to the age and abilities of the children in care and shall include, but not be limited to: (1) Homework or individual, small group activities. (2) Developmentally appropriate enrichment activities. (3) Child initiated activities and unstructured time periods. (4) Large muscle and outdoor play activities. In extremely inclement weather, the center shall provide an oppor- tunity for indoor gross motor play such as, but not limited to climbing, jumping, running, or riding wheel toys. (b) Each center shall make available to the children play materials and equipment for the purpose of implementing program goals and activities. Play materials and equipment shall be suitable to the age levels and abilities of the children attending the center. (c) Play materials to be used in the center’s program shall be arranged in an orderly manner so that children may select, remove, and replace play materials with a minimum of assistance during appropriate times through- out the daily program. (d) Each center shall provide durable furniture, such as tables and chairs, for purposes of implementing the program. The furniture shall be child sized or appropriately adapted for use by children.

Section 227.26 Medical Examination Before Admission; Contagious Disease No child shall be admitted to the day care center unless the child has been given a thorough and complete medical examination by a licensed examining physician. Such examination shall include all laboratory tests nec- essary to indicate the physical condition of the child examined, including a recent blood lead test for children under 6 years of age, and shall provide to the child all necessary immunizations that are required by law. The result of such examination shall be reduced to writing and preserved in the permanent files kept at the day care center. No child may be admitted to any day care center unless the examination indicated by the record shows that such child is free from any contagious, infectious, communicable or parasitic disease, and duly protected against contagion or infection. No examining physician shall make any untrue or incorrect statement in any report provided for in this section.

Section 227.27 Overcrowding and Children per Staff Member Ratio (a) No room in any day care center shall be overcrowded. Any room shall be deemed overcrowded for the purposes of this chapter if there is less than 300 cubic feet of air space per child at any time. (b) Each day care-center shall have at least two responsible adults, including one staff member, available on the premises at all times when seven or more children are in the center. The center shall organize the children in the center in small groups, shall provide child-care staff to give continuity of care and supervision of the children on a day-by-day basis, and shall ensure that no child is left alone or unsupervised. The following ratios of children per child-care staff member are to be followed:

INFANTS

Less than twelve months old 5:1 or 12:2 with two staff members in the room

Twelve to eighteen months old 6:1

TODDLERS Eighteen to less than thirty months old 7:1

At least thirty months to less than three years 8:1

PRESCHOOL

Three years old 12:1

Four and five year olds 14:1

SCHOOL CHILDREN

Children enrolled in, or eligible to be enrolled in kindergarten or above, but less than eleven years old 18:1 Eleven through fourteen years old 20:1

(c) When children are combined with other age groups, the ratio must conform to the youngest child in the group. (d) Each day care center must have an administrator on site for minimum of at least half of the operating hours. This presence must be documented and available for inspection. 1564 August 12, 2009 The City Record 99

Section 227.28 Discipline of Children Each day care center shall have a written discipline policy which describes the center’s philosophy of disci- pline and the specific methods of discipline used at the center. The policy shall follow the State’s guidelines as set forth in 5101:2-17-42 of the Ohio Administrative Code. The parent or guardian of a child enrolled in a center shall receive a copy of the written discipline policy and a copy of the policy shall be on file at the day care center and ready for inspection.

Section 227.29 Safety Policies Each day care center shall have written policies for different safety issues including, but not limited to not leaving children unattended, arrival and departure policies, immediate telephone access, fire and weather alert plans, incident report procedures, monthly fire drills, field trip safety plans, and the no spraying of aerosols while children are present. These written policies shall be on file at the day care center and ready for inspection.

Section 227.30 Child Enrollment, Attendance and Medical Records (a) The administrator of each day care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential except as otherwise exempt by law. (b) Enrollment records shall include: (1) The name, address, and birth date of each child. (2) The date of admission of each child. (3) The names, home addresses, home telephone numbers of each parent or guardian. (4) The names, work addresses, work telephone numbers, or name and address of location and telephone num- ber where each parent or guardian may be reached during the hours the child attends the center. (5) The names, addresses, telephone numbers and relationships to each child of at least two local persons who can be contacted by the center in the event of an emergency if the parent or guardian cannot be reached. (c) Attendance records shall be kept by the staff member responsible for the child. Records shall be kept for at least three months and shall include the names of the other children in the group, the name of the staff mem- ber in charge of that group, the designated space used by the group, and the schedule of each child in the group, including the days and hours of attendance. (d) Health records shall be secured from the parent on or before the first day of attendance. The health record shall be kept on file and shall include: (1) A list of medications, food supplements, modified diets, or fluoride supplements currently being adminis- tered to the child. (2) Written, signed and dated instructions from a licensed physician or licensed dentist to administer medica- tions, food supplements, modified diets or fluoride supplements. (3) A list of all allergies and any special precautions or treatment indicated for these allergies. (4) A list of all physical problems, health problems, and any history of hospitalization. (5) A list of diseases the child has had. (6) The name, address, and telephone number of the child’s physician or clinic. (7) An emergency transportation authorization as required in the Ohio Administrative Code. (e) The center shall require that parents or guardians review and update information as needed or at least annually.

Section 227.31 Administration of Medications and Supplements (a) Each center shall have a written policy on file and given to parents and guardians that governs whether and how a center administers medications, food supplements, modified diets or fluoride supplements. (b) Each center shall secure the written instructions of a licensed physician or licensed dentist for the admin- istration of the medication, food supplement, modified diet, or fluoride supplement and secure the written, signed and dated instructions of the parent or guardian on the form provided by the director for the administration of the medication, food supplement, modified diet, or fluoride supplement. (c) Prescription labels on medications to be administered must be clearly labeled, with a current date, an exact dosage and the specific number of dosages to be given daily, and the route of administration. (d) Exceptions: (1) In cases of extreme emergency, center personnel may administer syrup of Ipecac to a child without written instructions from a physician if following verbal instructions of the poison control center or a licensed physician. (2) Nonprescription fever-reducing medications that do not contain aspirin, or nonprescription cough or cold medications that do not contain codeine may be administered by the center without written instructions from a licensed physician if the child’s parent or guardian have provided an authorization, the medication is in its orig- inal container, and medication is properly labeled with dosages based on the child’s age or weight. (e) Medications, food supplements, and fluoride supplements shall be kept in a safe location where children cannot reach it. A medication requiring refrigeration shall be refrigerated on arrival at the center and shall be stored so as not to contaminate foodstuffs.

Section 227.32 Medical and Dental Emergency Procedures (a) The day care center shall have a written plan for medical and dental emergencies. The emergency plan shall require immediate notification of the parent or guardian in the event of any accident, injury, or illness and shall include plans for transportation of the child to the source of medical or dental care treatment, if necessary. 1565 100 The City Record August 12, 2009

(b) The medical and dental emergency plan shall be posted by each telephone used by the center and in each classroom used by the children at the center. The emergency plan shall state, at a minimum, the following infor- mation: (1) The center’s name, address, and telephone number. (2) The location of the first aid kit. (3) The current emergency telephone numbers for the emergency squad, the fire department, the hospital, the poison control center, the local public children’s services agency, and the police department. (4) The names of the staff trained to administer first aid. (5) The location of children’s records. (6) General instructions to staff in case of emergency, including the supervision of children during the emer- gency. (7) General instructions to staff in case of illness of children. (8) The location of the Ohio department of health dental first aid chart.

Section 227.33 Reports to the Commissioner of Health (a) Every person, firm, association or corporation conducting, managing or maintaining a day care center shall report to the Commissioner of Health at once by telephone and by mail all cases and suspected cases of conta- gious diseases, such as smallpox, chickenpox, diphtheria, scarlet fever, mumps, measles, German measles, impeti- go contagiosa, typhoid fever, tuberculosis, infantile paralysis, epidemic cerebrospinal fever, pneumonia, summer diarrhea, and any other disease that may be classified by the Commissioner as actively communicable. The report shall give the names and addresses of persons so afflicted and other information as may aid in eradicating such diseases. (b) Every person, firm, association or corporation conducting a day care center shall also make out a Month- ly Illness Report Form in writing on or before the fifth day of each calendar month, giving a complete record of the operation of the center during the preceding calendar month, showing the number of children admitted, all relevant illnesses, all accidental injuries and deaths, the cause of the same and other information as may be necessary to an intelligent supervision of the center. This report shall be kept in the permanent records of the day care center. (c) All reports required in this section shall be made upon blanks approved by the Commissioner and shall be signed by the superintendent or the official in charge. All records placed in permanent files under the require- ments of this chapter shall be open to inspection of the Commissioner or any officer or employee of the Division of Health designated by the Commissioner at any time.

Section 227.34 Appeal A day care center’s license may be suspended or revoked at any time by the Commissioner of Health on his own initiative or on the recommendation of the Director of Public Health. Before suspending or revoking the license the Commissioner shall afford the licensee the opportunity of a hearing on the charges. The licensee may appeal from the order in the manner provided by Section 201.03. A second suspension for the same reason or, in any case a third suspension of a day care center’s license shall operate as a revocation of such license. No day care center’s owner or administrator whose license has been revoked shall again be licensed as a day care provider in the City unless on presentation of reasons satisfactory to the Commissioner. The Commissioner shall notify the Department of Health of all suspensions or revocations of day care licenses.

Section 227.35 Violations (a) If any person, firm, association or corporation conducting a day care center violates any of the provisions of this chapter relating to the safety of, or the accommodations for the children, the Commissioner of Health is authorized to issue an order to close the day care center and keep it closed until such repairs or alterations have been made as will comply with the provisions of this chapter. (b) No person shall fail to comply with a lawful order issued by the Commissioner under this section.

Section 227.99 Penalty (a) Any person, firm, association or corporation who opens, maintains or conducts a day care center without first having been granted a permit, or after the due revocation of the permit, or in violation of any of the pro- visions of this chapter, shall be fined not less than three hundred dollars ($300.00), nor more than one thousand dollars ($1000.00) for each offense. (b) Whoever fails to comply with the lawful order issued under division (a) of Section 227.35 is guilty of a misdemeanor of the first degree. Each day during which noncompliance or a violation continues shall constitute a separate offense. (c) In the event of any actual or threatened violation of this chapter or an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate the violation or remedy the situation. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1566 August 12, 2009 The City Record 101

Ord. No. 964-09. Port Control from a list of qualified plementing the regularly employed By Council Members Kelley, Bran- and available person(s), firm(s), or staff of the several departments of catelli, Cimperman and Sweeney (by corporations(s), as may be deter- the Department of Port Control in departmental request). mined by the Director of Port Con- order to provide professional services An emergency ordinance determin- trol after making a full and com- which are necessary to implement ing the method of making the public plete canvass for the purpose of the Improvement and are not covered improvements of renovating and compiling the list. The Board of under any other professional services rehabilitating Aviation High School Control shall fix the total compen- contract authorized in this ordinance, and its associated property and con- sation to be paid for all design and for a period up to two years, with structing a temporary consolidated construction and procurement neces- two one year options exercisable by maintenance facility at Burke Lake- sary for the Improvement. The con- the Director of Port Control. front Airport; authorizing the Direc- tract or contracts shall be prepared The selection of the consultants tor of Port Control to enter into one by the Director of Law, approved by for the services shall be made by or more contracts for the making of the Director of Port Control, and cer- the Board of Control on the nomi- the improvements; to employ one or tified by the Director of Finance. nation of the Director of Port Con- more professional consultants to Section 2. That, alternatively, trol from a list of qualified consul- design the improvements and to enter under Section 167 of the Charter of tants available for employment as into various written standard pur- the City of Cleveland, this Council may be determined after a full and chase and requirement contracts; to determines to make the public complete canvass by the Director of lease Aviation High School and its improvement of rehabilitating Avia- Port Control for the purpose of com- associated property to MCPc, Inc., tion High School and its associated piling a list. The compensation to be dba MCPc Computer Products, for a property, and constructing a tempo- paid for the services shall be fixed term of fifteen years; and to apply rary maintenance facility consisting by the Board of Control. The con- for and accept grants from any pub- of the design, procurement, and con- tract or contracts authorized shall lic or private entities to implement struction of the Improvement, for be prepared by the Director of Law, the improvements. the Division of Burke Lakefront Air- approved by the Director of Port Whereas, the City of Cleveland port, Department of Port Control, by Control, and certified by the Direc- owns certain property known as one or more contracts duly let to the tor of Finance. Aviation High School and its asso- lowest responsible bidder after com- Section 5. That the Director of Port ciated property, located at 1501 petitive bidding for a gross price for Control is authorized to make one or North Marginal Road (“Aviation the Improvement. more written standard purchase con- High School”), which is not needed That the Director of Port Control tracts and written requirement con- for public use; and is authorized to enter into one or tracts under the Charter and the Cod- Whereas, MCPc Inc., dba MCPc more contracts for the making of ified Ordinances of Cleveland, Ohio, Computer Products (“MCPc”) has the public improvement with the 1976, for a period up to two years, proposed to lease Aviation High lowest responsible bidder or bidders with two one year options exercis- School from the City in order to relo- after competitive bidding for a gross able by the Director of Port Control, cate its headquarters and manufac- price for the Improvement, provided, for the necessary items of materials, turing operations to the City of however, that each separate trade equipment, supplies, and services nec- Cleveland; and and each distinct component part of essary to implement or construct the Whereas, the City of Cleveland the improvement may be treated as Improvement, including labor and desires to lease the property to a separate improvement, and each, materials if necessary for installa- MCPc and is willing to work with or any combination, of the trades or tion, to be purchased by the Com- MCPc to renovate and rehabilitate components may be the subject of a missioner of Purchases and Supplies Aviation High School due to the sig- separate contract for a gross price. on a unit basis for the Department of nificant economic advantages it will On request of the Director of the Port Control. Bids shall be taken in bring to the City; and Department of Port Control the con- a manner that permits an award to Whereas, the unique design, time, tractor shall furnish a correct sched- be made for all items as a single con- budgetary, or other material ele- ule of unit prices, including profit tract, or by separate contract for each ments of this project can benefit and overhead, for all items consti- or any combination of the items as from the special care, coordination, tuting units of the Improvement. the Board of Control determines. and expeditiousness possible by per- The contract or contracts autho- Section 6. That the costs of the re- formance of both the professional rized shall be prepared by the Direc- quirement contracts shall be design services and the construction tor of Law, approved by the Direc- charged against the proper appro- under a design-build approach con- tor of Port Control, and certified by priation accounts and the Director tract with a single entity; and the Director of Finance of Finance shall certify the amount Whereas, this ordinance consti- Section 3. That, alternatively, the of the initial purchase, which pur- tutes an emergency measure provid- Director of Port Control is autho- chase, together with all later pur- ing for the usual daily operation of rized to employ by contract or con- chases, shall be made on order of a municipal department; now, there- tracts one or more consultants or the Commissioner of Purchases and fore, one or more firms of consultants for Supplies under a requisition against Be it ordained by the Council of the purpose of supplementing the the contract or contracts certified by the City of Cleveland: regularly employed staff of the sev- the Director of Finance. Section 1. That, under Section 167 eral departments of the Department Section 7. That under Section of the Charter of the City of Cleve- of Port Control in order to provide 108(b) of the Charter, the purchases land, this Council determines to professional services necessary to authorized by this ordinance may be make the public improvement of ren- design the Improvement, for a peri- made through cooperative agree- ovating and rehabilitating Aviation od up to two years, with two one ments with other governmental High School and its associated prop- year options exercisable by the agencies. The Director of Port Con- erty and constructing a temporary Director of Port Control. trol may sign all documents that are consolidated maintenance facility (the The selection of the consultants necessary to make the purchases, “Improvement”), for the Division of for the services shall be made by and may enter into one or more con- Burke Lakefront Airport, Depart- the Board of Control on the nomi- tracts with the vendors selected ment of Port Control, by one or more nation of the Director of Port Con- through that cooperative process. design-build or engineer-procure-con- trol from a list of qualified consul- Section 8. That notwithstanding struct contracts duly let to the per- tants available for employment as and as an exception to the provi- son, firm, or corporation or combi- may be determined after a full and sions of Chapters 181 and 183 of the nation of them submitting the best complete canvass by the Director of Codified Ordinances of Cleveland, proposal, taking into consideration Port Control for the purpose of com- Ohio, 1976, the Director of Port Con- the engineering and design, the con- piling a list. The compensation to be trol is authorized to lease to MCPc, struction method(s), the proposed paid for the services shall be fixed Inc., dba MCPc Computer Products design and construction costs, the by the Board of Control. The con- (“MCPc”), Aviation High School and total life-cycle costs, the qualifica- tract or contracts authorized shall its associated property, located at tions of the proposed design profes- be prepared by the Director of Law, 1501 North Marginal Road. sional(s) and construction firm(s), approved by the Director of Port Section 9. That the term of the and the other objectives of the Control, and certified by the Direc- lease authorized by this ordinance Improvement. tor of Finance. shall not exceed fifteen years. The selection of the person(s), Section 4. That the Director of Port Section 10. That Aviation High firm(s), or corporations(s) to design Control is authorized to employ by School and its associated property and construct the Improvement shall contract or contracts one or more shall be leased at a base rental of be made by the Board of Control on consultants or one or more firms of $1.0 million annually for the first 5 the nomination of the Director of consultants for the purpose of sup- years of the term, shall increase to 1567 102 The City Record August 12, 2009

$1.2 for years 5 through 10 and Section 19. That the Department of mission meeting. The term of the increase to $1.5 million for years 11 Port Control shall develop a memo- members, other than Council mem- through 15. MCPc will be responsible rial honoring General Benjamin O. bers, shall be six (6) years, except for any expenses in excess of $14.3 Davis at an appropriate location to that of the initial appointments of the million needed for completion of the be determined by the Department. non-alternate members, the terms of Aviation High School portion of the Section 20. That the costs of any two members shall be two (2) years, Improvement. Rent credits shall be grants, contracts, or payments autho- and the terms of two members shall issued to the extent that the costs of rized in this ordinance shall be paid be four (4) years. Vacancies in the completing the Aviation High School from Fund Nos. 17 SF 652, 60 SF 104, Commission shall be filled in the portion of the Improvement is below 60 SF 106, 60 SF 112, 60 SF 115, 60 SF same manner for the unexpired term. $14.3 million and amortized against 116, 60 SF 117, 60 SF 119, 60 SF 121, The Chairman of the Commission base rental over the term of the 60 SF 122, 60 SF 128, 60 SF 129, and shall be appointed annually by the lease. The Lease will be on a triple 60 SF 130, 60 SF 141, and from the Mayor from the members and may be net basis and will require a surety fund or funds to which are credited removed as Chairman at the Mayor’s equal to one year of base rent. any grant proceeds received under pleasure. Section 11. That the lease shall this ordinance, Request No. 175251. Section 2. That the proposed authorize MCPc to make improve- Section 21. That this ordinance is amendment to the Charter, upon ments to the leased premises subject declared to be an emergency mea- receiving at least a majority of the to the approval of appropriate City sure and, provided it receives the votes cast at the November 3, 2009 agencies and officials. affirmative vote of two-thirds of all regular municipal election, shall Section 12. That the lease shall be the members elected to Council, it become effective immediately upon shall take effect and be in force its adoption. prepared by the Director of Law. immediately upon its passage and Section 3. That the Clerk of this Section 13. That the City acknowl- approval by the Mayor; otherwise it Council is authorized promptly to edges, states and affirms, pursuant shall take effect and be in force forward a certified copy of this ordi- to Article IX of the Trust Indenture from and after the earliest period nance to the Board of Elections of from the City of Cleveland to The allowed by law. Cuyahoga County. Bank of New York Mellon Trust Passed August 5, 2009. Section 4. That the Board of Elec- Company, NA, as successor trustee, Awaiting the approval or disap- tions of Cuyahoga County shall cause dated November 1, 1976, as amended, proval of the Mayor. an appropriate notice to be duly that the City desires and requests given of the election to be held on that a certain portion of its land November 3, 2009, on the proposed subject to the Trust Indenture be amendment to the Charter of this released and removed from all oblig- Ord. No. 971-09. City and otherwise to provide for the ations under the Trust Indenture. By Council Member Cimperman. election in the manner provided by The portions of the land to be An emergency ordinance authoriz- the general laws of the State of Ohio. released is Aviation High School ing the submission to the electors of Section 5. That the Clerk of this and its associated property. the City of Cleveland of a proposal Council is authorized to cause the Further, the City acknowledges, to amend Section 76 of the Charter full text of the proposed amendment states and affirms that it is not in of the City of Cleveland, relating to to the Charter to be published once default under the Indenture, and the City Planning Commission. a week for two consecutive weeks in that release of the land is necessary Whereas, this ordinance consti- a newspaper published in the City of in order to enter into the lease with tutes an emergency measure provid- Cleveland, with the first publication MCPc as contemplated herein. ing for the immediate preservation to be made at least fifteen days prior Section 14. That the Director of of the public peace, property, health, to the regular municipal election to Port Control is authorized to apply or safety in that it must be certified be held on November 3, 2009, as pro- to The Bank of New York Mellon to the election authorities immedi- vided in Article XVIII, Section 9 of Trust Company, NA, as successor ately in order for the question to the Constitution of the State of Ohio, trustee, for release of Aviation High appear at the regular municipal Section 731.211 of the Ohio Revised School property and its associated election to be held on November 3, Code, and Section 200 of the Charter property under the Trust Indenture 2009, and providing for the usual of the City of Cleveland. dated November 1, 1976, as amended. daily operation of a municipal Section 6. That the ballot submit- Section 15. That the Director of department; now, therefore, ting the question of the adoption of Port Control is authorized to apply Be it ordained by the Council of the proposed amendment shall read to the Federal Aviation Administra- the City of Cleveland: as follows: tion for the land release of Aviation Section 1. That this Council autho- High School and its associated prop- rizes the submission to the electors PROPOSED CHARTER AMENDMENT erty, and authorizing the Director of of the City of Cleveland at the reg- CITY OF CLEVELAND Port Control, the Director of Law, ular municipal election to be held at A majority affirmative vote is nec- and other appropriate City officials the usual places of voting of the essary for passage. to execute any other documents, City on Tuesday, November 3, 2009, Shall Section 76 of the Charter of deeds, and certificates, and take any of a proposal to amend the Charter the City of Cleveland be amended to other actions which may be neces- of the City of Cleveland by amend- provide for the appointment of two sary or appropriate to effectuate the ing existing Section 76 to read as alternate members to the City Plan- land release. follows: ning Commission who shall be Section 16. That the Director of appointed by the Mayor with the ap- Port Control, the Director of Law, §76 City Planning Commission proval of Council, may be removed and other appropriate City officials There shall be a City Planning by the Mayor, shall serve for a six Commission composed of seven (7) (6) year term, shall serve in place are authorized to execute any other members. One shall be a member of of a non-Council member of the City documents and certificates, and take the Council of the City of Cleveland Planning Commission who is unable any other actions which may be nec- chosen by each Council to serve dur- to act or is self-disqualified because essary or appropriate to effect the ing the term of such Council, and six of personal interest, and shall re- lease authorized by this ordinance. members shall be appointed by the ceive compensation for services as Section 17. That notwithstanding Mayor, with the approval of Council, determined by the Council, and for and as an exception to the provi- and may be removed by the Mayor. the appointment of an alternate sions of Chapters 181 and 183 of Cod- Two alternate members shall be Councilmember by the Council Pres- ified Ordinances of the City of appointed by the Mayor, with the ident in the absence of the one Cleveland, the Director of Port Con- approval of Council, and may be Council member of the City Plan- trol is authorized to execute all doc- removed by the Mayor. The alternate ning Commission? uments and pay all fees necessary members may serve in place of a non- Section 7. That this ordinance is to acquire any real estate interests Council member of the City Planning declared to be an emergency mea- needed for the Improvement. Commission who is unable to act or sure and, provided it receives the Section 18. That the Director of is self-disqualified because of per- affirmative vote of two-thirds of all Economic Development is autho- sonal interest, and shall then have all the members elected to Council, it rized to apply for and accept grants the powers of the member and shall shall take effect and be in force from any public or private entity to receive compensation for services as immediately upon its passage and assist with the Improvement; that determined by the Council. In the approval by the Mayor; otherwise it the Director is authorized to file all event of the absence of the one Coun- shall take effect and be in force papers and execute all documents cil member of the City Planning Com- from and after the earliest period necessary to receive the funds under mission, the Council President may allowed by law. the grants; and that the funds are appoint another Councilmember to Passed August 5, 2009. appropriated for the purposes of this serve as a member pro tempore for Awaiting the approval or disap- ordinance. purposes of that City Planning Com- proval of the Mayor. 1568 August 12, 2009 The City Record 103

Ord. No. 972-09. By Council Member Cimperman. An ordinance changing the Use District of lands on the south side of Clark Avenue between the intersections of W. 13th Street and an Unnamed Alley to a Local Retail Business District and a Two Family Residential Dis- trict and a ‘B’ Area District as indicated on the map (Map Change No. 2283, Sheet Nos. 5 & 6). Be it resolved by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Clark Avenue at its intersection with the northerly prolongation of the center- line of West 13th Street; Thence southerly along the northerly prolongation of the centerline of West 13th Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 9 in the J.M. Curtiss Subdivision shown on the recorded plat in Volume 12, Page 1 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said southerly line and along its easterly prolongation to its intersection with the centerline of West 12th Street; Thence southerly along said centerline of West 12th Street to its intersection with the westerly prolongation of the centerline of Mace Court; Thence easterly along said westerly prolongation and along its easterly prolongation to the southeasterly line of Sublot No. 54 in the aforementioned J.M. Curtiss Subdivision; Thence northeasterly along said southeasterly line and along its northeasterly prolongation to it intersection with the centerline of West 11th Street; Thence northwesterly along said centerline of West 11th Street to its intersection with the southwesterly prolongation of the southerly line of a parcel of land conveyed to Virginia Rodriguez by deed dated January 4th 1989 and recorded in Auditor’s File Number V89900290056 said parcel also being known as Cuyahoga County’s Permanent Parcel number 008-09-064; Thence northeasterly along said southwesterly prolongation of said southerly line to its intersection with the northwesterly line of Sublot Number 56 in the aforementioned J.M. Curtiss Subdivision; Thence southwesterly along said northwesterly line to its intersection with the southwesterly line of a parcel of land conveyed to Kimberly Smith by deed dated July 14, 2006 and recorded in Auditor’s File Number 200607140937, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 008-09-091; Thence southeasterly along said southwesterly line to its intersection with the southeasterly line thereof; Thence northeasterly along said easterly line and along its northeasterly prolongation to its intersection with the centerline of Clark Avenue; Thence westerly along said centerline of Clark Avenue to its intersection with the northerly prolongation of the centerline of West 13th Street and the principal place of beginning; and shaded on the attached map is changed to a Local Retail Business District. Section 2. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of West 11th Street at its intersection with the southwesterly prolongation of the northwesterly line of Sublot Number 58 in the J.M. Curtiss Subdivision shown on the recorded plat in Volume 12, Page 1 of Cuyahoga County Map Records; Thence northeasterly along said southwesterly prolongation of said northwesterly line and along its northeasterly prolongation to its intersection with the centerline of an Unnamed Alley, 16 feet Wide; Thence southeasterly along said centerline of said Unnamed Alley to its intersection with the northeasterly pro- longation of the southeasterly line of Sublot Number 62 in the aforementioned J.M. Curtiss Subdivision; Thence southwesterly along said northeasterly prolongation of said southeasterly line and along its south- westerly prolongation to its intersection with the centerline of West 11th Street; Thence northwesterly along said centerline of West 11th Street to its intersection with the southwesterly pro- longation of the northwesterly line of Sublot Number 58 and the principal place of beginning; and as indicated on the attached map is changed to a Two Family Residential District and a ‘B’ Area District. Section 3. That the changed designation of lands described in Section 1 and Section 2 shall be identified as Map Change No. 2283, Sheet Nos. 5 & 6, and shall be made upon the Building Zone Maps of the City of Cleve- land on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1569 104 The City Record August 12, 2009

Ord. No. 1067-09. intersection with the northerly pro- Buildings (also known as St. Pat- By Council Member Cimperman. longation of the aforementioned rick West Park), whose street ad- An emergency ordinance to amend Sublot Number 47 and the principal dresses in the City of Cleveland are the title and Sections 1 and 2 of place of beginning; 4395-4435 Rocky River Drive, S.W., Ordinance No. 774-09, passed July 1, and shaded on the attached map is and 17708-17722 Puritas Avenue, 2009, relating to changing the use changed to an Urban Garden District. S.W.; Cuyahoga County Auditor’s district of land on the north and Section 2. That the changed des- Permanent Parcel Numbers are 027- south sides of Holmden Avenue east ignation of lands described in Sec- 12-009, 027-12-10, 027-12-012, 027-12-050, of West 14th Street to an Urban Gar- tion 1 shall be identified as Map 027-12-051, also known as the fol- den District. Change No. 2282, Sheet Nos. 5 and 6, lowing described property: Whereas, this ordinance consti- and shall be made upon the Build- Beginning on the Southeasterly tutes an emergency measure provid- ing Zone Maps of the City of Cleve- line of Rocky River Drive, S.W. at its ing for the usual daily operation of land on file in the office of the intersection with the Northerly line a municipal department; now, there- Clerk of Council and on file in the of Puritas Avenue, S.W.; thence fore, office of the City Planning Com- Northeasterly along the Southeaster- Be it ordained by the Council of mission by the appropriate person ly line of said Rocky River Drive to the City of Cleveland: designated for this purpose by the the Northerly line of land conveyed Section 1. That the title and Sec- City Planning Commission. to William Code by deed dated tions 1 and 2 of Ordinance No. 774- Section 2. That the existing title November 2, 1881 and recorded in Vol- 09, passed July 1, 2009 are amended and Sections 1 and 2 of Ordinance ume 330, Page 197 of Cuyahoga Coun- to read as follows: No. 774-09, passed July 1, 2009 are ty Records and being also known as An ordinance changing the Use repealed. Permanent Parcel Number 027-12-009; District of land on the north and Section 3. That this ordinance is thence Easterly along the Northerly south sides of Holmden Avenue east declared to be an emergency mea- line of land conveyed to said William of West 14th Street to an Urban Gar- sure and, provided it receives the Code to the Northeasterly corner den District (Map Change No. 2282, affirmative vote of two-thirds of all thereof; thence Southerly 264.66 feet Sheet Nos. 5 and 6). the members elected to Council, it along the Easterly line of land con- Section 1. That the Use District of shall take effect and be in force veyed to William Code as aforesaid lands bounded and described as fol- immediately upon its passage and to the Southeasterly corner thereof; lows: approval by the Mayor; otherwise it thence Westerly along the Southerly Beginning in the centerline of shall take effect and be in force line of land so conveyed to the West- Holmden Avenue, east of West 14th from and after the earliest period erly line of land conveyed to Kathryn Street at its intersection with the allowed by law. and Thomas Murray by deed dated northerly prolongation of the west- Passed August 5, 2009. March 31, 1939 and recorded in Vol- erly line of Sublot Number 47 in the Awaiting the approval or disap- ume 4933, Page 387 of Cuyahoga F. Nicola Subdivision Not Recorded, proval of the Mayor. County Records and being also said parcel also being known as known as Permanent Parcel Number Cuyahoga County Auditor’s Perma- 027-12-013; thence Southerly along the nent Parcel Number 008-14-077; Westerly line of said land to the Thence southerly along said north- Ord. No. 1068-09. Northerly line of Puritas Avenue; erly prolongation of said westerly By Council Member Keane. thence Westerly along the Northerly line to its intersection with the An emergency ordinance desig- line of said Puritas Avenue to the southerly line thereof; nating St. Patrick Church, School, place of beginning; Thence easterly along said south- Cemetery and Accessory Buildings Legal Description approved by erly line and continuing along its (also known as St. Patrick West Greg Esber, Section Chief, Plats, easterly prolongation to its inter- Park) as a Cleveland Landmark. Surveys and House Numbering Sec- section with the westerly line of Whereas, under Chapter 161 of the tion Sublot Number 52 in the aforemen- Codified Ordinances of Cleveland, which in its entirety is a property tioned F. Nicola Subdivision, said Ohio, 1976, the Cleveland Landmarks having special character or special parcel also being known as Cuya- Commission (the “Commission”), has historical or aesthetic value as part hoga County Auditor’s Permanent proposed to designate St. Patrick of the development, heritage, or cul- Parcel Number 008-14-072; Church, School, Cemetery and Acces- tural characteristics of the City, Thence northerly along said east- sory Buildings (also known as St. State, or the United States, is desig- erly line and along its northerly pro- Patrick West Park) as a landmark; nated a landmark under Chapter 161 longation to its intersection with the and of the Codified Ordinances of Cleve- centerline of Holmden Avenue; Whereas, a public hearing under land, Ohio, 1976. Thence westerly along said cen- division (b)(2) of Section 161.04 was Section 2. That this ordinance is terline of Holmden Avenue to its held on June 25, 2009 to discuss the declared to be an emergency mea- intersection with the southerly pro- proposed designation of St. Patrick sure and, provided it receives the longation of the easterly line of Church, School, Cemetery and Acces- affirmative vote of two-thirds of all Sublot Number 7 in the aforemen- sory Buildings (also known as St. the members elected to Council, it tioned F. Nicola Subdivision, said Patrick West Park) as a landmark; shall take effect and be in force parcel also being known as Cuya- and immediately upon its passage and hoga County Auditor’s Permanent Whereas, the Commission has rec- approval by the Mayor; otherwise it Parcel Number 008-14-035; ommended designation of St. Patrick shall take effect and be in force Thence northerly along said south- Church, School, Cemetery and Acces- from and after the earliest period erly prolongation of said easterly line sory Buildings (also known as St. allowed by law. to its intersection with the souther- Patrick West Park) as a landmark Passed August 5, 2009. ly line of Sublot Number 54 in the and has set forth certain findings of Awaiting the approval or disap- Meyer Re-Allotment shown on the fact constituting the basis for its proval of the Mayor. recorded plat in Volume 12, Page 8 decision; and of Cuyahoga County Map Records, Whereas, this ordinance consti- said parcel also being known as tutes an emergency measure provid- Cuyahoga County Auditor’s Perma- ing for the immediate preservation Ord. No. 1070-09. nent Parcel Number 008-14-024; of the public peace, property, health, By Council Member Sweeney (by Thence westerly along said south- and safety in that the immediate departmental request). erly line to its intersection with the protection of the historic landmark An emergency ordinance authoriz- westerly line of the aforementioned is necessary to safeguard the spe- ing the Director of Finance to apply Sublot Number 7; cial historical, community, or aes- for and accept a grant from The Thence southerly along said west- thetic interest or value in the land- Cleveland Foundation for the Public erly line and along its southerly pro- mark; now, therefore, Management Development Program; longation to its intersection with the Be it ordained by the Council of and authorizing the director to enter centerline of Holmden Avenue; the City of Cleveland: into one or more contracts with Thence westerly along said cen- Section 1. That St. Patrick Church, Cleveland State University to imple- terline of Holmden Avenue to its School, Cemetery and Accessory ment the grant. 1570 August 12, 2009 The City Record 105

Whereas, this ordinance consti- Section 1. That the Director of the file. The agreement shall, tutes an emergency measure provid- Public Safety is authorized to apply among other things, include the ing for the usual daily operation of for and accept a grant in the ap- obligation of the Grant Partners to a municipal department; now, there- proximate amount of $1,146,278, from pay monthly fees to the City for the fore, the United States Department of Jus- use of regionalized computer-aided Be it ordained by the Council of tice for the 2009 Byrne Justice Assis- design (CAD) equipment and ser- the City of Cleveland: tance Grant Program; that the Direc- vices, which shall be deposited into Section 1. That the Director of tor is authorized to file all papers the fund or funds determined to be Finance is authorized to apply for and execute all documents neces- appropriate by the Director of and accept a grant in the approxi- sary to receive the funds under the Finance. mate amount of $181,500, and any grant; and that the funds are appro- Section 8. That this ordinance is other funds that may become avail- priated for the purposes described in declared to be an emergency mea- able during the grant term from The the grant application package for sure and, provided it receives the Cleveland Foundation to conduct the the grant contained in the file affirmative vote of two-thirds of all Public Management Development described below. the members elected to Council, it Program; that the Director is autho- Section 2. That the grant applica- shall take effect and be in force rized to file all papers and execute tion package for the grant, File No. immediately upon its passage and all documents necessary to receive 1071-09-A, made a part of this ordi- approval by the Mayor; otherwise it the funds under the grant; and that nance as if fully rewritten, as pre- shall take effect and be in force the funds are appropriated for the sented to the Finance Committee of from and after the earliest period purposes described in the applica- this Council at the public hearing on allowed by law. tion preview for the grant contained this legislation, is approved in all Passed August 5, 2009. in the file described below. respects and shall not be changed Awaiting the approval or disap- Section 2. That the application without additional legislative author- proval of the Mayor. preview for the grant, File No. 1070- ity. 09-A, made a part of this ordinance Section 3. That the Director of as if fully rewritten, as presented to Public Safety shall have the author- the Finance Committee of this Coun- ity to extend the term of the grant Ord. No. 1072-09. cil at the public hearing on this leg- during the grant term. By Council Members Conwell and islation, is approved in all respects Section 4. That the Director of Sweeney (by departmental request). and shall not be changed without Public Safety is authorized to An emergency ordinance to amend additional legislative authority. make one or more written require- Section 7 of Ordinance No. 725-09, Section 3. That the Director of ment contracts under the Charter passed June 8, 2009, relating to Finance is authorized to enter into and the Codified Ordinances of authorizing the Director of Public one or more contracts with Cleve- Cleveland, Ohio, 1976, for the re- Safety to employ one or more pro- land State University to implement quirements during the grant term fessional consultants, software de- the grant as described in the file. of the necessary items of materials, velopers, or vendors to implement a Section 4. That the costs of the equipment, supplies, and services records management system and contract or contracts authorized by needed to implement the grant as authorizing standard purchase and this ordinance shall be paid from described in the file, to be pur- requirement contracts necessary to the fund or funds to which are cred- chased by the Commissioner of Pur- implement the system. ited the grant proceeds accepted chases and Supplies on a unit basis Whereas, this ordinance consti- under this ordinance. for the Department of Public Safe- tutes an emergency measure provid- Section 5. That this ordinance is ty. Bids shall be taken in a man- ing for the usual daily operation of declared to be an emergency mea- ner that permits an award to be a municipal department; now, there- sure and, provided it receives the made for all items as a single con- fore, affirmative vote of two-thirds of all tract, or by separate contract for Be it ordained by the Council of the members elected to Council, it each or any combination of the the City of Cleveland: shall take effect and be in force items as the Board of Control deter- Section 1. That Section 7 of Ordi- immediately upon its passage and mines. Alternate bids for a period nance No. 725-09, passed June 8, 2009 approval by the Mayor; otherwise it less than the specified term may be is amended to read as follows: shall take effect and be in force taken if desired by the Commis- Section 7. That the cost of the con- from and after the earliest period sioner of Purchases and Supplies tract or contracts authorized shall allowed by law. until provision is made for the be paid from Fund No. 20 SF 524, Passed August 5, 2009. requirements for the entire term. Request No. 188253. Awaiting the approval or disap- Section 5. That the costs of the Section 2. That existing Section 7 proval of the Mayor. contract or contracts shall be of Ordinance No. 725-09, passed June charged against the proper appro- 8, 2009 is repealed. priation accounts and the Director Section 3. That this ordinance is of Finance shall certify the amount declared to be an emergency mea- Ord. No. 1071-09. of the initial purchase, which pur- sure and, provided it receives the By Council Members Conwell and chase, together with all later pur- affirmative vote of two-thirds of all Sweeney (by departmental request). chases, shall be made on order of the members elected to Council, it An emergency ordinance authoriz- the Commissioner of Purchases and shall take effect and be in force ing the Director of Public Safety to Supplies under a requisition against immediately upon its passage and apply for and accept a grant from the contract or contracts certified by approval by the Mayor; otherwise it the United States Department of Jus- the Director of Finance. shall take effect and be in force tice for the 2009 Byrne Justice Assis- Section 6. That under Section from and after the earliest period tance Grant Program; authorizing 108(b) of the Charter, the purchases allowed by law. the purchase by one or more require- authorized by this ordinance may be Passed August 5, 2009. ment contracts of materials, equip- made through cooperative agree- Awaiting the approval or disap- ment, supplies, and services needed ments with other governmental proval of the Mayor. to implement the grant; and autho- agencies. The Director of Public rizing the Director to enter into one Safety may sign all documents that or more contracts with Cuyahoga are necessary to make the purchas- County and the Cities of Euclid, es, and may enter into one or more Ord. No. 1073-09. Garfield Heights, Lakewood, and contracts with the vendors selected By Council Members Pruitt and Parma to implement the grant. through that cooperative process. Sweeney (by departmental request). Whereas, this ordinance consti- Section 7. That the Director of An emergency ordinance authoriz- tutes an emergency measure provid- Public Safety is authorized to enter ing the Director of the Office of ing for the usual daily operation of into one or more agreements with Equal Opportunity to enter into one a municipal department; now, there- Cuyahoga County and the Cities of or more contracts with National Eco- fore, Euclid, Garfield Heights, Lakewood, nomic Research Associates, Inc. dba Be it ordained by the Council of and Parma (the “Grant Partners”) to NERA Economic Consulting for pro- the City of Cleveland: implement the grant as described in fessional services necessary to de- 1571 106 The City Record August 12, 2009 velop, conduct, and interpret a dis- structure or premises in the City to (6) Informational Use. The use of parity study, including recommend- perform any duty imposed on him these symbols and any additional ing and implementing accepted by this Housing Code or the Fire detail shall be informational only improvements, for a period up to one Code, provided that permission to and shall not in any way limit the year, for the Office of Equal Oppor- enter is obtained from the occupant discretion of the Fire Chief or his tunity. or, in the case of unoccupied prop- on-scene Officer in Charge. Whereas, this ordinance consti- erty, from the owner or his agent. (c) No person shall enter or use tutes an emergency measure provid- If such permission is refused or is any structure or premises which ing for the usual daily operation of otherwise unobtainable, a search have been placarded under this sec- a municipal department; now, there- warrant shall be obtained before tion except for the purpose of mak- fore, such entry or inspection is made, ing the required repairs or demol- Be it ordained by the Council of except in the case of an existing ishing the structure or premises. the City of Cleveland: emergency in which case entry (d) No person shall deface or Section 1. That the Director of the may be made at any time and no remove any placard posted under Office of Equal Opportunity is search warrant is necessary. No this section until written permission authorized to enter into one or more person shall in any way obstruct, is given by the Director of Building contracts with National Economic hinder, delay or otherwise interfere and Housing or the Fire Chief, who- Research Associates, Inc. dba NERA with such entrance under this Sec- ever posted the placard, that the Economic Consulting for profes- tion. repairs have been completed or sional services necessary to develop, demolition is complete or the build- conduct, and interpret a disparity Section 367.07 Placards Posted by ing is safe. study, including recommending and the Department of Building and Section 2. That existing Sections implementing accepted improvements, Housing and the Division of Fire 367.03 and 367.07 of the Codified for a period up to one year, on the (a) Whenever the Director of Ordinances of Cleveland, Ohio, 1976, basis of its proposal dated June 26, Building and Housing orders a as amended by Ordinance No. 68-A- 2009, in a sum not to exceed $758,000, dwelling structure or premises to be 67, passed April 3, 1967, are re- for the Office of Equal Opportunity. vacated or condemned under these pealed. The contract or contracts shall be codified ordinances, he shall cause Section 3. That this ordinance is paid from Fund Nos. 01-999800- to be posted at each entrance to the declared to be an emergency mea- 632000, 60 SF 001, 52 SF 001, Request structure or premises a placard sure and, provided it receives the No. 164803. which may state, “THIS BUILDING affirmative vote of two-thirds of all Section 2. That this ordinance is IS IN A DANGEROUS CONDITION the members elected to Council, it declared to be an emergency mea- AND HAS BEEN CONDEMNED AND shall take effect and be in force sure and, provided it receives the ITS USE HAS BEEN PROHIBITED immediately upon its passage and affirmative vote of two-thirds of all BY THE DIRECTOR OF BUILDING approval by the Mayor; otherwise it the members elected to Council, it AND HOUSING.” shall take effect and be in force shall take effect and be in force (b) Whenever the Fire Chief finds from and after the earliest period immediately upon its passage and a vacant dwelling structure or allowed by law. approval by the Mayor; otherwise it premises to be declared condemned Passed August 5, 2009. shall take effect and be in force or it is found to be unsafe under the Awaiting the approval or disap- from and after the earliest period provisions authority, and procedures proval of the Mayor. allowed by law. of any of these codified ordinances Passed August 5, 2009. he may cause to be posted placards Awaiting the approval or disap- on the front of the structure or proval of the Mayor. Ord. No. 1077-09. premises which comply with the fol- By Council Member Brancatelli. lowing placarding requirements: An emergency ordinance amend- (1) Placard location. Placards ing the Title and Section 1 of Ordi- shall be applied on the front of the Ord. No. 1075-09. nance No. 947-09 as it pertains to structure and be visible from the By Council Members Conwell, the Summer Music Camp Program street. Additional placards may be Brancatelli, Dow and Sweeney (by through the use of Ward 12 Neigh- applied to the side of each entrance departmental request). borhood Capital Funds. to the structure and on penthouses. An emergency ordinance to Whereas, this ordinance consti- (2) Placard size and color. Plac- amend Sections 367.03 and 367.07 of tutes an emergency measure provid- ards shall be 24 inches by 24 inch- the Codified Ordinances of Cleve- ing for the usual daily operation of land, Ohio, 1976, as amended by es (610 mm by 610 mm) in size with a municipal department; now, there- Ordinance No. 68-A-67, passed April a red background, white reflective fore, 3, 1967, relating to right of entry stripes and a white reflective bor- Be it ordained by the Council of and placards posted on dwelling der. The stripes and border shall the City of Cleveland: structures or premises to be vacat- have a 2-inch (51 mm) stroke. Section 1. That the Title and Sec- ed or condemned. (3) Placard date. Placards shall tion 1 of Ordinance No. 947-09 passed Whereas, this ordinance consti- bear the date of their application to July 1, 2009 are hereby amended to tutes an emergency measure provid- the building and the date of the read as follows: ing for the usual daily operation of most recent inspection. Authorizing the Director of the a municipal department; now, there- (4) Placard Symbols. The design Department of Community Devel- fore, of the placards shall use symbols opment to enter into an agreement Be it ordained by the Council of designated by the Fire Chief or his with the Slavic Village Develop- the City of Cleveland: designee to indicate each of the fol- ment Corporation for the Summer Section 1. That Sections 367.03 and lowing: Music Camp Program through the 367.07 of the Codified Ordinances of A. That the structure had normal use of Ward 12 Neighborhood Cap- Cleveland, Ohio, 1976, as amended structural conditions at the time of ital Funds. by Ordinance No. 68-A-67, passed marking. Section 1. That the Director of the April 3, 1967, are amended to read B. That the structural or interior Department of Community Develop- as follows: hazards exist and interior fire-fight- ment is hereby authorized to enter ing or rescue operations should be into an agreement with the Slavic Section 367.03 Right of Entry conducted with extreme caution. Village Development Corporation Upon presentation of proper cre- C. That structural or interior haz- effective June 22, 2009 for the Sum- dentials the Director of Building ard exist to a degree that consider- mer Music Camp Program for the and Housing and his duly autho- ation should be given to limit fire public purpose of providing music rized agents or inspectors or the fighting to exterior operations only, education for Cleveland youth Fire Chief or his duly authorized with entry only occurring for known through the use of Ward 12 Neigh- agents or inspectors may enter at life hazards. borhood Capital Funds. reasonable times, or at such other (5) Additional detail may be post- Section 2. That the Title and Sec- times as may be necessary in an ed on the placard if determined nec- tion 1 of Ordinance No. 947-09 passed emergency, any dwelling, building, essary by the Fire Chief. July 1, 2009 are hereby repealed. 1572 August 12, 2009 The City Record 107

Section 3. That this ordinance is Whereas, this ordinance consti- Section 3. That this ordinance is hereby declared to be an emergency tutes an emergency measure provid- hereby declared to be an emergency measure and, provided it receives ing for the usual daily operation of measure and, provided it receives the affirmative vote of two-thirds of a municipal department; now, there- the affirmative vote of two-thirds of all the members elected to Council, fore, all the members elected to Council, it shall take effect and be in force Be it ordained by the Council of it shall take effect and be in force immediately upon its passage and the City of Cleveland: immediately upon its passage and approval by the Mayor; otherwise it Section 1. That the Director of approval by the Mayor; otherwise it shall take effect and be in force Parks, Recreation and Properties is shall take effect and be in force from and after the earliest period authorized to enter into an agree- from and after the earliest period allowed by law. ment with Catholic Charities Com- allowed by law. Passed August 5, 2009. Passed August 5, 2009. munity Services for the Fatima Awaiting the approval or disap- Awaiting the approval or disap- Fun and Fitness Program for the proval of the Mayor. proval of the Mayor. public purpose of providing recre- ational activities and programs to city of Cleveland youth through the use of Ward 7 Neighborhood Equi- ty Funds. Ord. No. 1081-09. Ord. No. 1078-09. Section 2. That the cost of said By Council Member Polensek. By Council Member Cimperman. contract shall be in an amount not An emergency ordinance authoriz- An emergency ordinance authoriz- to exceed $25,000 and shall be paid ing the Director of the Department ing the Director of the Department from Fund No. 10 SF 166. of Community Development to enter of Community Development to enter Section 3. That the Director of into agreement with the Neighbor- into agreement with the Progressive Law shall prepare and approve said hood Leadership Institute for the Arts Alliance for the RHAPSODY contract and that the contract shall Community Information Project Summer Arts Camp through the use contain such terms and provisions through the use of Ward 11 Neigh- of Ward 13 Neighborhood Equity as he deems necessary to protect the borhood Equity Funds. Funds. City’s interest. Whereas, this ordinance consti- Whereas, this ordinance consti- Section 4. That this ordinance is tutes an emergency measure provid- tutes an emergency measure provid- hereby declared to be an emergency ing for the usual daily operation of ing for the usual daily operation of measure and, provided it receives a municipal department; now, there- a municipal department; now, there- the affirmative vote of two-thirds of fore, fore, all the members elected to Council, Be it ordained by the Council of the City of Cleveland: Be it ordained by the Council of it shall take effect and be in force Section 1. That the Director of the the City of Cleveland: immediately upon its passage and Department of the Department of Section 1. That the Director of the approval by the Mayor; otherwise it Community Development enter into Department of Community Develop- shall take effect and be in force an agreement with the Neighbor- ment enter into an agreement effec- from and after the earliest period hood Leadership Institute for the tive August 3, 2009 with the Pro- allowed by law. Community Information Project for gressive Arts Alliance for the Passed August 5, 2009. the public purpose of promoting RHAPSODY Summer Arts Camp for Awaiting the approval or disap- neighborhoods that are in the city the public purpose of providing edu- proval of the Mayor. of Cleveland through the use of a cational and recreational activities communitywide newsletter, through to city of Cleveland youth through the use of Ward 11 Neighborhood the use of Ward 13 Neighborhood Equity Funds. Ord. No. 1080-09. Equity Funds. Section 2. That the cost of said By Council Member Polensek. Section 2. That the cost of said contract shall be in an amount not An emergency ordinance amend- contract shall be in an amount not to exceed $15,000 and shall be paid ing Section 1 of Ordinance No. 737- to exceed $1,000 and shall be paid from Fund No. 10 SF 166. 09 passed on May 18, 2009 as it per- from Fund No. 10 SF 166. Section 3. That the Director of tains to authorizing the Director of Section 3. That the Director of Law shall prepare and approve said Law shall prepare and approve said the Department of Community De- contract and that the contract shall contract and that the contract shall velopment to enter into an agree- contain such terms and provisions contain such terms and provisions ment with the Neighborhood as he deems necessary to protect the as he deems necessary to protect the Leadership Institute for the Scoop City’s interest. on Summer Program through the City’s interest. Section 4. That this ordinance is use of Ward 11 Neighborhood Equi- Section 4. That this ordinance is hereby declared to be an emergency ty Funds. hereby declared to be an emergency measure and, provided it receives Whereas, this ordinance consti- measure and, provided it receives the affirmative vote of two-thirds of tutes an emergency measure provid- the affirmative vote of two-thirds of all the members elected to Council, ing for the usual daily operation of all the members elected to Council, it shall take effect and be in force a municipal department; now, there- it shall take effect and be in force immediately upon its passage and fore, immediately upon its passage and approval by the Mayor; otherwise it Be it ordained by the Council of shall take effect and be in force approval by the Mayor; otherwise it the City of Cleveland: shall take effect and be in force from and after the earliest period Section 1. That Section 1 of Ordi- allowed by law. from and after the earliest period nance No. 737-09 passed May 18, 2009 Passed August 5, 2009. allowed by law. is hereby amended to read as follow: Awaiting the approval or disap- Passed August 5, 2009. Section 1. That the Director of the proval of the Mayor. Awaiting the approval or disap- Department of Community Develop- proval of the Mayor. ment is authorized to enter into an agreement effective May 1, 2009 with the Neighborhood Leadership Ord. No. 1082-09. Institute for the Scoop on Summer By Council Member Pruitt. Ord. No. 1079-09. Program for the public purpose of An emergency ordinance authoriz- By Council Member Dow. providing Cleveland residents a ing the Director of the Department An emergency ordinance authoriz- brochure of summer activities and of Aging to enter into an agreement ing the Director of Parks, Recre- programs taking place in the North with the William E. Sanders Fami- ation and Properties to enter into an Collinwood neighborhood through ly Life Center for the Community agreement with Catholic Charities the use of Ward 11 Neighborhood Bridge Building Program through Community Services for the Fatima Equity Funds. the use of Ward 1 Neighborhood Fun and Fitness Program through Section 2. That Section 1 of Ordi- Equity Funds. the use of Ward 7 Neighborhood nance No. 737-09 passed May 18, 2009 Whereas, this ordinance consti- Equity Funds. is hereby repealed. tutes an emergency measure provid- 1573 108 The City Record August 12, 2009 ing for the usual daily operation of shall take effect and be in force shall take effect and be in force a municipal department; now, there- from and after the earliest period from and after the earliest period fore, allowed by law. allowed by law. Be it ordained by the Council of Passed August 5, 2009. Passed August 5, 2009. the City of Cleveland: Awaiting the approval or disap- Awaiting the approval or disap- Section 1. That the Director of proval of the Mayor. proval of the Mayor. the Department of Aging is autho- rized to enter into an agreement effective July 1, 2009 with the William E. Sanders Family Life Ord. No. 1084-09. Ord. No. 1085-09. Center for the Community Bridge By Council Member Sweeney (by By Council Member Dow. Building Program for the public departmental request). An emergency ordinance authoriz- purpose of providing social support An emergency ordinance autho- ing and directing the Director of services to senior citizens that rizing the Clerk of Council to enter Public Service to issue a permit to reside in the city of Cleve4land into an agreement or agreements Fidelity Baptist Church to stretch through Ward 1 Neighborhood with Blue Technologies, Inc. for banners between East 84th & East Equity Funds. the professional services necessary 85th and Wade Park for the period Section 2. That the cost of said to provide a software solution to from August 1, 2009 to August 31, contract shall be in an amount not customize and implement an inte- 2009, inclusive, publicizing their to exceed $65,000 and shall be paid grated Legislative Management annual bazaar. from Fund No. 10 SF 166. System, and to provide on-going Whereas, this ordinance consti- Section 3. That the Director of maintenance for the software and tutes an emergency measure provid- Law shall prepare and approve said to further authorize the Clerk to ing for the usual daily operation of contract and that the contract shall enter into an agreement with a municipal department; now, there- contain such terms and provisions Hyland Software, Inc., for web fore, as he deems necessary to protect the hosting services and a software Be it ordained by the Council of City’s interest. license for Cleveland City Council the City of Cleveland: Section 4. That this ordinance is and repealing Ordinance No. 942-09 Section 1. That notwithstanding hereby declared to be an emergency passed July 1, 2009. the provision of Section 623.13 of measure and, provided it receives Whereas, this ordinance consti- the Codified Ordinances, of Cleve- the affirmative vote of two-thirds of tutes an emergency measure provid- land, Ohio, 1976, the Director of the all the members elected to Council, ing for the usual daily operation of Department of Public Service is it shall take effect and be in force a municipal department; now, there- hereby authorized and directed to immediately upon its passage and fore, issue a permit to Fidelity Baptist approval by the Mayor; otherwise it Be it ordained by the Council of Church to install, maintain and shall take effect and be in force the City of Cleveland: remove banners between East 84th from and after the earliest period Section 1. That the Clerk of Coun- and East 85th & Wade Park for the allowed by law. cil is authorized to enter into an period from August 1, 2009 to Passed August 5, 2009. agreement or agreements with Blue August 31, 2009, inclusive. Said ban- Awaiting the approval or disap- Technologies, Inc. for the profes- ner shall be approved by the Direc- proval of the Mayor. sional services necessary to provide tor of Public Service, in consulta- a software solution to customize and tion with the Director of Public implement an integrated Legislative Safety, as to type, method of affix- Management System for Cleveland ing and location so as not to inter- Ord. No. 1083-09. City Council, including, but not lim- fere with any sign erected and By Council Members Sweeney and ited to, configuration, implementa- maintained under the requirements Keane. tion, training, on-going maintenance of law or ordinance. The permis- An emergency ordinance amend- and technical support, as well as sion of the owner of any pole from ing Section 2 of Ordinance No. 801- consultation on future phases of which a banner will be hung must 09 passed June 1, 2009 as it pertains software implementation. be obtained prior to issuance of the to authorizing the Director of Com- That the Clerk is further autho- permit. No commercial advertising munity Development to enter into an rized to enter into an agreement shall be printed or permitted on agreement with the Young Audi- with Hyland Software Inc, for web said banner and said banner shall ences of Northeast Ohio, Inc., for the hosting services of the software Garfield Elementary School Mural solution and a license for use of the be removed promptly upon the Program through the use of software used to provide a legisla- expiration of said permit. Ward(s) 20 and 21 Neighborhood tive management solution for Coun- Section 2. That this ordinance is Equity Funds. cil. hereby declared to be an emergency Whereas, this ordinance consti- The terms of the agreements measure and, provided it receives tutes an emergency measure provid- authorized in this section shall the affirmative vote of two-thirds of ing for the usual daily operation of begin on the same effective date all the members elected to Council, a municipal department; now, there- and shall be for one year with two it shall take effect and be in force fore, one-year options to renew, exercis- immediately upon its passage and Be it ordained by the Council of able by the Clerk. approval by the Mayor; otherwise it the City of Cleveland: The total cost of the services pro- shall take effect and be in force Section 1. That Section 2 of Ordi- vided by the agreements authorized from and after the earliest period nance No. 801-09 passed June 1, 2009 herein shall not exceed $90,000 for allowed by law. is hereby amended to read as fol- the first year; the cost of a renew- Passed August 5, 2009. lows: al term, if exercised, shall not ex- Awaiting the approval or disap- Section 2. That the cost of said ceed $62,000 per year. Payment shall proval of the Mayor. contract shall be in an amount not be made from fund numbers 632000- to exceed $7,500 and shall be paid 01-010100 and fund no 11 sub fund from Fund No. 10 SF 166. 006. Section 2. That Section 2 of Ordi- Section 2. That Ordinance No. 942- Ord. No. 1110-09. nance No. 801-09 passed June 1, 2009 09, passed July 1, 2009, is hereby By Council Member Cimperman. is hereby repealed. repealed. An emergency ordinance authoriz- Section 3. That this ordinance is Section 3. That this ordinance is ing the issuance of a Temporary hereby declared to be an emergency hereby declared to be an emergency Sidewalk Occupancy Permit to John measure and, provided it receives measure and, provided it receives G. Dimarhos to engage in peddling the affirmative vote of two-thirds of the affirmative vote of two-thirds of in Ward 13 across from 3301 Payne all the members elected to Council, all the members elected to Council, Avenue. it shall take effect and be in force it shall take effect and be in force Whereas, pursuant to Section immediately upon its passage and immediately upon its passage and 675.07 of the Codified Ordinances of approval by the Mayor; otherwise it approval by the Mayor; otherwise it Cleveland, Ohio, 1976, (the “Codified 1574 August 12, 2009 The City Record 109

Ordinances”) the consent of Council west area of West 130th Street & said banner shall be removed expressed by ordinance is a prereq- the northwest area of West 130th promptly upon the expiration of uisite to peddling upon public rights Street, for the period from August said permit. of way outside of the Central Busi- 1, 2009 to August 31, 2009, inclusive. Section 2. That this ordinance is ness District; and Said banners shall be approved by hereby declared to be an emergency Whereas, this Council has consid- the Director of Public Safety, as to measure and, provided it receives ered the request of John G. Dimar- type, method of affixing and loca- the affirmative vote of two-thirds of hos to engage in peddling outside of tion so as to not interfere with any all the members elected to Council, the Central Business District, and sign erected and maintained under it shall take effect and be in force has determined that it is in the pub- the requirements of law or ordi- immediately upon its passage and lic interest to allow John G. Dimar- nance. The permission of the owner approval by the Mayor; otherwise, it hos to peddle in Ward 13; and of any pole from which a banner shall take effect and be in force Whereas, this ordinance consti- will be hung must be obtained prior from and after the earliest period tutes an emergency measure provid- to issuance of the permit. No com- allowed by law. ing for the usual daily operation of mercial advertising shall be print- Passed August 5, 2009. a municipal department; now, there- ed or permitted on said banner and Awaiting the approval or disap- fore, said banners shall be removed proval of the Mayor. Be it ordained by the Council of promptly upon the expiration of the City of Cleveland: said permit. Section 1. That this Council con- Section 2. That this ordinance is sents, as required by Section 675.07 hereby declared to be an emergency Ord. No. 1117-09. of the Codified Ordinances to allow measure and, provided it received By Council Member Cimperman. John G. Dimarhos to engage in the affirmative vote of two-thirds of An emergency ordinance autho- mobile peddling in the public rights all the members elected to Council, rizing the Director of the Depart- of way of Ward 13 across from 3301 it shall take effect and be in force ment of Community Development Payne Avenue. immediately upon its passage and to enter into an agreement with Section 2. That all of the require- approval by the Mayor; otherwise, it the Tremont West Development ments of Chapter 675 of the Codified shall take effect and be in force Corporation for the Arts in August Ordinances shall apply to the per- from and after the earliest period Expo Program through the use of sons named in Section 1 of this ordi- allowed by law. Ward 13 Neighborhood Capital nance. Passed August 5, 2009. Funds. Section 3. That the privilege Awaiting the approval or disap- Whereas, this ordinance consti- granted may be revoked at any time proval of the Mayor. tutes an emergency measure provid- by this Council. ing for the usual daily operation of Section 4. That this ordinance is a municipal department; now, there- declared to be an emergency mea- fore, sure and, provided it receives the Ord. No. 1116-09. Be it ordained by the Council of affirmative vote of two-thirds of all By Council Member Wilkes. the City of Cleveland: the members elected to Council, it An emergency ordinance authoriz- Section 1. That the Director of the shall take effect and be in force ing and directing the Director of Department of Community Develop- immediately upon its passage and Public Service to issue a permit to ment is hereby authorized to enter approval by the Mayor; otherwise it the Union Miles Development Cor- into an agreement effective August shall take effect and be in force poration to stretch banners on East 8, 2009 with the Tremont West from and after the earliest period 93rd Street south of Benham Avenue Development Corporation for the allowed by law. and across Miles Avenue at East August Expo Program for the pub- Passed August 5, 2009. 111th Street, for the period from lic purpose of providing dancing Awaiting the approval or disap- July 12, 2009 to August 17, 2009, and cultural education to city of proval of the Mayor. inclusive, publicizing the “Union Cleveland residents through the use Miles Community Expo.”. of Ward 13 Neighborhood Capital Whereas, this ordinance consti- Funds. tutes an emergency measure provid- Section 2. That the cost of said Ord. No. 1115-09. ing for the usual daily operation of contract shall be in an amount not By Council Member Brady. a municipal department; now, there- to exceed $25,000 and shall be paid An emergency ordinance authoriz- fore, from Fund No. 10 SF 177. ing and directing the director of Be it ordained by the Council of Section 3. That the Director of Public Service to issue a permit to the City of Cleveland: Law shall prepare and approve said Westown Community Development Section 1. That notwithstanding contract and that the contract shall Corporation to stretch banners at the provision of Section 623.13 of contain such terms and provisions the southwest corner of Terminal the Codified Ordinances, of Cleve- as he deems necessary to protect the Avenue and West 130th Street & the land, Ohio, 1976, the Director of the City’s interest. northwest area of West 130th Street, Department of Public Service is Section 4. That this ordinance is for the period of time from August hereby authorized and directed to hereby declared to be an emergency 1, 2009 to August 31, 2009, inclusive, issue a permit to the Union Miles measure and, provided it receives publicizing the Westpark Communi- Development Corporation to install, the affirmative vote of two-thirds of ty Celebration. maintain and remove banners on all the members elected to Council, Whereas, this ordinance consti- East 93rd Street south of Benham it shall take effect and be in force tutes an emergency measure provid- Avenue and across Miles Avenue at immediately upon its passage and ing for the usual daily operation of East 111th Street, for the period approval by the Mayor; otherwise, it a municipal department; now, there- from July 12, 2009 to August 17, shall take effect and be in force fore, 2009, inclusive. Said banner shall from and after the earliest period Be it ordained by the Council of be approved by the Director of Pub- allowed by law. the City of Cleveland: lic Service, in consultation with the Passed August 5, 2009. Section 1. That notwithstanding Director of Public Safety, as to Awaiting the approval or disap- the provision of Section 623.13 of type, method of affixing and loca- proval of the Mayor. the Codified Ordinances of Cleve- tion so as not to interfere with any land, Ohio, 1976, the Director of sign erected and maintained under Public Service is hereby authorized the requirements of law or ordi- and directed to issue a permit to nance. The permission of the owner Ord. No. 1118-09. Westown Community Development of any pole from which a banner By Council Member Polensek. Corporation, to install, maintain will be hung must be obtained prior An emergency ordinance autho- and remove banners at the south- to issuance of the permit. No com- rizing the Director of Parks, Recre- west corner of Terminal Avenue mercial advertising shall be print- ation and Properties to enter into and West 130th Street & the north- ed or permitted on said banner and an agreement with the Sims 1575 110 The City Record August 12, 2009

Raiders Youth Organization Inc. Section 4. That this ordinance is Development is hereby authorized for Youth Football and Cheerlead- hereby declared to be an emergency to enter into an agreement with ing Program through the use of measure and, provided it receives Community Housing Solutions for Ward 11 Neighborhood Equity the affirmative vote of two-thirds of the Furnace Repair Program for Funds. all the members elected to Council, the public purpose of providing fur- Whereas, this ordinance consti- it shall take effect and be in force nace repair assistance to low and tutes an emergency measure provid- immediately upon its passage and moderate income resident that ing for the usual daily operation of approval by the Mayor; otherwise, it reside in the City of Cleveland a municipal department; now, there- shall take effect and be in force through the use of Ward 18 Neigh- fore, from and after the earliest period borhood Capital Funds. Be it ordained by the Council of allowed by law. Section 2. That the cost of said the City of Cleveland: Passed August 5, 2009. contract shall be in an amount not Awaiting the approval or disap- Section 1. That the Director of to exceed $20,000 and shall be paid proval of the Mayor. Parks, Properties and Recreation is from Fund No. 10 SF 177. authorized to enter into an agree- Section 3. That the Director of ment with the Sims Raiders Youth Law shall prepare and approve said Organization Inc., for the Youth contract and that the contract shall Ord. No. 1119-09. Football and Cheerleading Program By Council Member Westbrook. contain such terms and provisions for the public purpose of providing An emergency ordinance authoriz- as he deems necessary to protect the organized football and cheerleading ing the Director of Community City’s interest. activities for youth residing in the Development to enter into an agree- Section 4. That this ordinance is City of Cleveland through the use ment with Community Housing Solu- hereby declared to be an emergency of Ward 11 Neighborhood Equity tions for the Furnace Repair Pro- measure and, provided it receives Funds. gram through the use of Ward 18 the affirmative vote of two-thirds of Section 2. That the cost of said Neighborhood Capital Funds. all the members elected to Council, contract shall be in an amount not Whereas, this ordinance consti- it shall take effect and be in force to exceed $1,500 and shall be paid tutes an emergency measure provid- immediately upon its passage and from Fund No. 10 SF 166. ing for the usual daily operation of approval by the Mayor; otherwise, it Section 3. That the Director of a municipal department; now, there- shall take effect and be in force Law shall prepare and approve said fore, from and after the earliest period contract and that the contract shall Be it ordained by the Council of allowed by law. contain such terms and provisions the City of Cleveland: Passed August 5, 2009. as he deems necessary to protect the Section 1. That the Director of Awaiting the approval or disap- City’s interest. the Department of Community proval of the Mayor.

Ord. No. 1156-09. By Council Members Pruitt and Sweeney (by departmental request). An emergency ordinance to amend Section 40 of Ordinance No. 947-08, passed June 9, 2008, relating to compen- sation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 40 of Ordinance No. 947-08, passed June 9, 2008, is amended to read as follows:

Section 40. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Minimum Maximum 1. City Comptroller ...... $42,758.15 $133,845.38 2. City Treasurer...... $42,758.15 $123,548.92 3. Chief Technology Officer...... $45,000.00 $150,454.32 4. Commissioner of Accounts ...... $40,314.82 $128,214.57 5. Commissioner of Administrative Services – Community Development...... $40,314.82 $128,214.57 6. Commissioner of Air Quality ...... $42,758.15 $133,845.38 7. Commissioner of Architecture...... $42,758.15 $143,360.63 8. Commissioner of Assessments and Licenses...... $40,314.82 $118,350.91 9. Commissioner of Burke Airport ...... $40,314.92 $118,350.91 10. Commissioner of Cleveland Hopkins International Airport ...... $42,758.15 $143,360.63 11. Commissioner of Cleveland Public Power ...... $45,201.46 $167,171.47 12. Commissioner of Code Enforcement...... $42,758.15 $133,845.38 13. Commissioner of Construction Permitting ...... $42,758.15 $133,845.38 14. Commissioner of Convention Center...... $45,201.46 $126,903.17 15. Commissioner of Emergency Medical Services ...... $42,758.15 $133,845.38 16. Commissioner of Engineering and Construction ...... $45,201.46 $142,289.43 17. Commissioner of Environment...... $42,758.15 $133,845.38 18. Commissioner of Health...... $45,021.46 $142,289.43 19. Commissioner of House of Corrections ...... $40,314.82 $118,231.89 20. Commissioner of Information Technology & Services ...... $52,734.82 $142,289.43 21. Commissioner of Motor Vehicle Maintenance...... $40,314.82 $128,214.57 22. Commissioner of Real Estate ...... $40,314.82 $118,350.91 23. Commissioner of Neighborhood Services ...... $42,758.15 $123,548.92 24. Commissioner of Park Maintenance and Properties ...... $42,758.15 $143,360.63 1576 August 12, 2009 The City Record 111

25. Commissioner of Parking Facilities...... $40,314.82 $128,214.57 26. Commissioner of Printing and Reproduction...... $40,314.82 $128,214.57 27. Commissioner of Property Management ...... $45,201.46 $142,289.43 28. Commissioner of Purchases and Supplies ...... $42,758.15 $123,548.92 29. Commissioner of Recreation ...... $42,758.15 $143,360.63 30. Commissioner of Research/Planning and Development...... $40,314.82 $128,214.57 31. Commissioner of Streets...... $40,314.82 $128,214.57 32. Commissioner of Traffic Engineering...... $42,758.15 $123,548.92 33. Commissioner of Utilities Engineering ...... $42,758.15 $118,350.91 34. Commissioner of Utilities Fiscal Control ...... $40,314.82 $118,350.91 35. Commissioner of Waste Collection and Disposal...... $40,314.82 $128,214.57 36. Commissioner of Water ...... $45,201.46 $167,171.47 37. Commissioner of Water Pollution Control ...... $40,314.82 $128,214.57 38. Deputy Director Department of Building and Housing...... $36,590.39 $133,845.38 39. Director of Workforce Development ...... $70,000.00 $160,000.00 40. Income Tax Administrator...... $42,758.15 $133,845.38 41. Manager of Internal Audit ...... $40,314.82 $118,350.91

Section 2. That existing Section 40 of Ordinance No. 947-08, passed June 9, 2008, is amended. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor.

Ord. No. 1157-09. By Council Members Pruitt and Sweeney (by departmental request). An emergency ordinance Approving the terms of the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Security Officers); and amending Section 14 of Ordinance No. 947-08, passed June 9, 2008, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the terms of the collective bargaining agreement with the Ohio Patrolmen’s Benevolent Association (Security Officers), as con- tained in the executive summary, placed in File No. 1157-09-A, for the period from April 1, 2007 through March 31, 2010, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase*

2% April 1, 2007 2% April 1, 2008 2% April 1, 2009

*Wage increases shall be effective as follows: (a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That Section 14 of Ordinance No. 947-08, passed June 9, 2008, is amended to read as follows:

Section 14. Ohio Patrolmen’s Benevolent Association. (Security Officers). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Security Officer...... $10.80 $20.29

Section 3. That existing Section 14 of Ordinance No. 947-08, passed June 9, 2008, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1577 112 The City Record August 12, 2009

Ord. No. 1159-09. 9. The Reconstruction of the City-owned property located at By Council Members Brady, Cim- “Aetna Road Bridge over CSX Rail- 5163 Broadway Avenue, formerly perman and Sweeney (by depart- road”, in the approximate amount of known as St. Michael’s Hospital, mental request). $592,230, as authorized by Ordinance and further described as follows: An emergency ordinance to amend No. 743-08 passed June 9, 2008. Sections 1 and 20 of Ordinance No. Section 20. That the cost of any Parcel No. 1 319-09, passed March 16, 2009, relat- contract or contracts or payments Situated in the City of Cleveland, ing to applying to the Northeast authorized in this ordinance shall County of Cuyahoga, State of Ohio Ohio Areawide Coordinating Agency be paid from Fund Nos. 20 SF 380, and known as being Parcel “A” in for various infrastructure projects 20 SF 383, 20 SF 394, 20 SF 500, 20 the Map of Consolidation for Pri- and to authorize other contracting SF 506, 20 SF 510, 20 SF 520, 20 SF mary Health Systems of Ohio, Lim- authority to include the East 14th 528, any state or federal funding ited Partnership of part of Original Streetscape to the project list; and received under this ordinance, from 100 Acre Lots Nos. 320 and 324, as to supplement the ordinance by the fund or funds to which are shown by the recorded plat in Vol- adding new Section 12a. to authorize credited any grant funds or gifts ume 271, Page 90 of Cuyahoga the Director of Public Service to received under this ordinance, and County Map Records, be the same enter into one or more contracts from any other funds that are more or less, but subject to all with URS Corporation to design the appropriated for this purpose. (RL legal highways. improvement. 188410) Whereas, this ordinance consti- Section 2. That existing Sections 1 Parcel No. 2 Situated in the City of Cleveland, tutes an emergency measure provid- and 20 of Ordinance No. 319-09, County of Cuyahoga, State of Ohio ing for the usual daily operation of passed March 16, 2009, are repealed. and known as being Parcel “B” in a municipal department; now, there- Section 3. That Ordinance No. 319- the Map of Consolidation for Pri- fore, 09, passed March 16, 2009 is supple- mary Health Systems of Ohio, Lim- Be it ordained by the Council of mented by adding new Section 12a. ited Partnership of part of Original the City of Cleveland: to read as follows: 100 Acre Lots Nos. 320 and 324, as Section 1. That Sections 1 and 20 Section 12a. That the Director of shown by the recorded plat in Vol- of Ordinance No. 319-09, passed Public Service is authorized to ume 271, Page 90 of Cuyahoga March 16, 2009, are amended to read enter into one or more contracts County Map Records, be the same as follows: with URS Corporation for profes- more or less, but subject to all Section 1. That the Director of sional services necessary to design legal highways. Public Service is authorized to apply the streetscape improvement of to NOACA to pursue federal ARRA East 14th Street as authorized in Parcel No. 3 economic assistance, on behalf of Section 1 of this ordinance on the Situated in the City of Cleveland, the City of Cleveland, for the fol- basis of its proposal dated July 27, County of Cuyahoga, State of Ohio lowing projects in the following 2009, in the sum not to exceed and known as being Parcel “D” in approximate amounts: $100,000, for the Department of the Map of Consolidation for Pri- 1. The Rehabilitation of Willow Public Service. mary Health Systems of Ohio, Lim- Lift Bridge over Cuyahoga River, Section 4. That this ordinance is ited Partnership of part of Original in the approximate amount of declared to be an emergency mea- 100 Acre Lots Nos. 320 and 324, as $2,500,000; sure and, provided it receives the shown by the recorded plat in Vol- 2. The Avenue District, Ph IV: affirmative vote of two-thirds of all ume 271, Page 90 of Cuyahoga Rehabilitation of E. 12th St. from the members elected to Council, it County Map Records, be the same Superior Ave. to Chester Ave., in the shall take effect and be in force more or less, but subject to all approximate amount of $800,000; immediately upon its passage and legal highways. 3. The Rehabilitation of Center approval by the Mayor; otherwise it Street Lift Bridge over Cuyahoga shall take effect and be in force Parcel No. 4 River, in the approximate amount of from and after the earliest period Situated in the City of Cleveland, $2,500,000; allowed by law. County of Cuyahoga, State of Ohio 4. The Kamms Streetscape Im- Passed August 5, 2009. and known as being Parcel “E” in provement, Ph III: Lorain Ave. from Awaiting the approval or disap- the Map of Consolidation for Pri- West corporation line to W. 150th proval of the Mayor. mary Health Systems of Ohio, Lim- Project, in the approximate amount ited Partnership of part of Original of $2,200,000; 100 Acre Lots Nos. 320 and 324, as 5. The Rehabilitation of Carter shown by the recorded plat in Vol- Lift Bridge over Cuyahoga River, Ord. No. 1160-09. ume 271, Page 90 of Cuyahoga in the approximate amount of By Council Members Cleveland, County Map Records, be the same $2,500,000; Brancatelli, Cimperman and Swee- more or less, but subject to all 6. The Rehabilitation and Replace- ney (by departmental request). legal highways. ment of Concrete Retaining Walls at An emergency ordinance authoriz- Parcel No. 5 Norfolk and Southern Railroad ing the Commissioner of Purchases Situated in the City of Cleveland, Bridge over Madison Avenue and and Supplies to enter into an Option County of Cuyahoga, State of Ohio CSX Railroad Bridge over Notting- to Purchase Agreement with Fast and know as being part of Original ham Road, in the approximate Track Cycling, Inc. in connection 100 Acre Lot No. 320 and bounded amount of $5,000,000; and with the sale of City-owned proper- and described as follows: 7. The East 14th Street Streetscape ty located at 5163 Broadway Avenue, Beginning in the centerline of Improvement from Prospect Avenue formerly known as St. Michael’s Broadway S.E. at the most Norther- to Euclid Avenue, in the approximate Hospital. ly corner of premises conveyed by amount of $2,800,000. Whereas, this ordinance consti- Theophilus G. Clewell and wife to That the Director of Public Ser- tutes an emergency measure provid- Lorenz Sanda by deed dated June 5, vice has already received legislative ing for the usual daily operation of 1890, and recorded in Volume 475, authority to apply to NOACA to pur- a municipal department; now, there- Page 508 of Cuyahoga County sue federal economic assistance, fore, Records; which now will include federal Be it ordained by the Council of Thence South 52° West along the ARRA funds, for the following pro- the City of Cleveland: Northerly line of said land deeded to jects in the following approximate Section 1. That notwithstanding Lorenz Sanda 209 feet to the most amounts: and as an exception to the provi- Westerly corner thereof; 8. The Reconstruction of the “W sions of Chapters 181 and 183 of Thence Northwesterly and parallel 77th Street Bridge Project over Nor- the Codified Ordinances of Cleve- with the centerline of Broadway S.E. folk and Southern Railroad and land, Ohio, 1976, the Commissioner 40 feet; GCRTA”, in the approximate amount of Purchases and Supplies is autho- Thence Northeasterly and parallel of $884,000, as authorized by Ordi- rized to enter into an Option to with said first described course 209 nance No. 649-87, passed March 30, Purchase Agreement with Fast feet to the centerline of Broadway 1987. Track Cycling, Inc. for the sale of S.E.; 1578 August 12, 2009 The City Record 113

Thence Southeasterly along the executed by the Mayor on behalf of land with Fast Track Cycling, centerline of Broadway S.E. 40 feet the City of Cleveland. The deed Inc., for the acquisition, disposi- to the place of beginning, be the shall contain necessary provisions, tion and private redevelopment of same more or less, but subject to all including restrictive reversionary the property described in this ordi- legal highways. interests as may be specified by nance. Section 2. That by and at the the Board of Control or Director of Section 6. That the proceeds from direction of the Board of Control, Law, which shall protect the par- the sale of the property shall be the Commissioner of Purchases and ties as their respective interests deposited into Fund No. 10. Supplies is authorized to convey the require and shall specifically con- Section 7. That this ordinance is property described above under the tain a provision against the erec- declared to be an emergency mea- option at a price determined to be tion of any advertising signs or sure and, provided it receives the fair market value by the Board of billboards except permitted identi- affirmative vote of two-thirds of all Control, taking into account all fication signs. the members elected to Council, it restrictions, and encumbrances Section 5. That notwithstanding shall take effect and be in force placed by the City of Cleveland in and as an exception to the provi- immediately upon its passage and the deed of conveyance. sions of Title V of the Community approval by the Mayor; otherwise it Section 3. That the Option to Pur- Development Code in the Codified shall take effect and be in force chase Agreement shall be prepared Ordinances of Cleveland, Ohio, from and after the earliest period by the Director of Law. 1976, the Director of Community allowed by law. Section 4. That the conveyance Development may enter into and Passed August 5, 2009. shall be made by official deed pre- execute a project agreement for Awaiting the approval or disap- pared by the Director of Law and and on behalf of the City of Cleve- proval of the Mayor.

Ord. No. 1162-09. By Council Member Cimperman. An emergency ordinance authorizing the Director of Public Service to issue a permit to Friends of E Prep Schools to encroach into the public right-of-way above Superior Avenue and East 36th Street with 15 banners to be attached to Cleveland Public Power and First Energy utility poles (by separate permission). Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service is authorized to issue a permit, revocable at the will of Council, to Friends of E Prep Schools (“Permittee”), 1417 East 36th Street, Cleveland, Ohio 44114, to encroach into the pub- lic right-of-way above Superior Avenue and East 36th Street by installing, using, and maintaining 15 banners to be attached to Cleveland Public Power and First Energy utility poles (by separate permission) at the locations more fully described as follows:

LOCATION POLE NUMBER POLE OWNER

North side of Superior Ave. 1st pole east of E. 36th St. A6-29 CPP 2nd pole east of E. 36th St. No Tag CPP 3rd pole east of E. 36th St. M16-13 CPP 4th pole east of E. 36th St. No Tag CPP

East 36th St. between Superior Ave. and St. Clair Ave. 1st thru 7th pole on east side of street No Tag First Energy

South side of St. Clair Ave. 1st and 2nd pole west of E. 36th St. No Tag CPP 1st and 2nd pole east of E. 36th St. No Tag CPP

Section 2. That Permittee may assign the permit only with the written consent of the Director of Public Ser- vice. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to, poles; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans and specifications approved by the Commissioner of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorpo- rate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has prop- erly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 5, 2009. Awaiting the approval or disapproval of the Mayor. 1579 114 The City Record August 12, 2009

Ord. No. 1164-09. of Ward 19 Neighborhood Equity Ord. No. 1177-09. By Council Member Cimperman. Funds. By Council Member Westbrook. An emergency ordinance authoriz- Section 1. That the Director of An emergency ordinance authoriz- ing certain persons to engage in the Department of Economic Devel- ing the Director of Community peddling in Ward 13 (Timothy Stew- opment is authorized to enter into Development to enter into agree- art). an agreement with The Friends of ment with Park Works for the Park Whereas, pursuant to Section the Historic Variety Theatre for Arts Program through the use of 675.08 of the Codified Ordinances of the Variety Theatre Commercial Ward 18 Neighborhood Capital Cleveland, Ohio, 1976, (the “Codified and Residential Restoration Pro- Funds. Ordinances”) the consent of Council ject for the public purpose of pro- Whereas, this ordinance consti- expressed by ordinance is a prereq- moting historic preservation of a tutes an emergency measure provid- uisite to peddling upon public rights historic building and creating low ing for the usual daily operation of of way outside of the Central Busi- to moderate income housing for a municipal department; now, there- ness District; and city of Cleveland residents through fore, Whereas, this Council has consid- the use of Ward 19 Neighborhood Be it ordained by the Council of ered the requests of certain persons Equity Funds. the City of Cleveland: to engage in peddling outside of the Section 2. That the Title and Sec- Section 1. That the Director of the Central Business District, and has tion 1 of Ordinance No. 945-09 passed Department of Community Develop- determined that it is in the public July 1, 2009 are hereby repealed. ment is hereby authorized to enter interest to allow each of said per- Section 3. That this ordinance is into an agreement effective July 8, sons to peddle in Ward 13; and hereby declared to be an emergency 2009 with Park Works for the Park Whereas, this ordinance consti- measure and, provided it receives Arts Program for the public purpose tutes an emergency measure provid- the affirmative vote of two-thirds of of providing art and recreational ing for the usual daily operation of all the members elected to Council, education for Cleveland residents a municipal department; now, there- it shall take effect and be in force through the use of Ward 18 Neigh- fore, immediately upon its passage and borhood Capital Funds. Be it ordained by the Council of approval by the Mayor; otherwise it Section 2. That the cost of said the City of Cleveland: shall take effect and be in force contract shall be in an amount not Section 1. That this Council con- from and after the earliest period to exceed $2,500 and shall be paid sents, as required by, Section 675.08 allowed by law. from Fund No. 10 SF 177. of the Codified Ordinances to allow Passed August 5, 2009. Section 3. That the Director of each persons named below to Awaiting the approval or disap- Law shall prepare and approve said engage in peddling in the public proval of the Mayor. contract and that the contract shall rights of way of Ward 13: Timothy contain such terms and provisions Stewart as he deems necessary to protect the Section 2. That all of the require- City’s interest. ments of Chapter 675 of the Codified Ord. No. 1176-09. Section 4. That this ordinance is Ordinances shall apply to the per- By Council Member Dow. hereby declared to be an emergency sons named in Section 1 of this ordi- An emergency ordinance authoriz- measure and, provided it receives nance. ing the Director of Parks, Recre- the affirmative vote of two-thirds of Section 3. That the privilege ation and Properties to enter into an all the members elected to Council, granted may be revoked at any time agreement with Famicos Foundation it shall take effect and be in force by this Council. for the League Park Chargers Foot- immediately upon its passage and Section 4. That this ordinance is ball Program through the use of approval by the Mayor; otherwise it declared to be an emergency mea- Ward 7 Neighborhood Equity Funds shall take effect and be in force sure and, provided it receives the Whereas, this ordinance consti- from and after the earliest period affirmative vote of two-thirds of all tutes an emergency measure provid- allowed by law. the members elected to Council, it ing for the usual daily operation of Passed August 5, 2009. shall take effect and be in force a municipal department; now, there- Awaiting the approval or disap- immediately upon its passage and fore, proval of the Mayor. approval by the Mayor; otherwise, it Be it ordained by the Council of shall take effect and be in force the City of Cleveland: from and after the earliest period Section 1. That the Director of the allowed by law. Department of Parks, Recreation Passed August 5, 2009. and Properties is hereby authorized COUNCIL COMMITTEE Awaiting the approval or disap- to enter into an agreement with MEETINGS proval of the Mayor. Famicos Foundation for the League Park Chargers Football Program for the public purpose of providing organized youth sports football Tuesday, August 4, 2009 Ord. No. 1175-09. activities for city of Cleveland youth 10:00 a.m. By Council Member Brady. through the use of Ward 7 Neigh- An emergency ordinance amend- borhood Equity Funds. Mayor’s Appointment Committee: ing the Title and Section 1 of Ordi- Section 2. That the cost of said CANCELLED. nance No. 945-09 passed July 1, 2009 contract shall be in an amount not as it pertains to the Friends of the to exceed $4,650 and shall be paid Wednesday, August 5, 2009 Historic Variety Theatre Restora- from Fund No. 10 SF 166. 9:00 a.m. tion Project through the use of Section 3. That the Director of Ward 19 Neighborhood Equity Funds. Law shall prepare and approve said City Planning (Zoning) Committee: Whereas, this ordinance consti- contract and that the contract shall Present: Cimperman, Chair; West- tutes an emergency measure provid- contain such terms and provisions brook, Vice Chair; Conwell, Keane, ing for the usual daily operation of as he deems necessary to protect the Zone, Reed. Authorized Absence: a municipal department; now, there- City’s interest. Dow. fore, Section 4. That this ordinance is Be it ordained by the Council of hereby declared to be an emergency Joint Committees the City of Cleveland: measure and, provided it receives 12:00 p.m. Section 1. That the Title and Sec- the affirmative vote of two-thirds of tion 1 of Ordinance No. 945-09 passed all the members elected to Council, City Planning Committee and Leg- July 1, 2009 are hereby amended to it shall take effect and be in force islation Committee: Present in Plan- read as follows: immediately upon its passage and ning: Cimperman, Chair; Westbrook Authorizing the Director of the approval by the Mayor; otherwise it Vice Chair; Conwell, Dow, Keane, Department of Economic Develop- shall take effect and be in force Zone. Authorized Absence: Reed. ment to enter into agreement with from and after the earliest period Present in Legislation: Dow, Chair; the Friends of the Historic Variety allowed by law. Keane, Vice Chair; Cleveland, John- Theatre for the Historic Variety Passed August 5, 2009. son, Wilkes. Authorized Absence: Theatre Commercial and Residential Awaiting the approval or disap- Cloud, Reed. Pro tempore: West- Restoration Project through the use proval of the Mayor. brook. 1580 August 12, 2009 The City Record 115

12:00 p.m. Finance Committee: Present in Health: Authorized Absence: Cloud. Pro tem- Cleveland, Chair; Kelley, Vice Chair; pore: Santiago. Public Service Committee, City Cimperman, Santiago, Conwell, Mitchell. Present in Planning: Cimperman, Planning Committee and Finance Authorized Absence: Reed. Chair; Westbrook Vice Chair; Con- Committee: Present in Service: Brady, Present in Legislation: Dow, well, Dow, Keane, Zone. Authorized Chair; Pruitt, Vice Chair; Cleveland, Chair; Keane, Vice Chair; Cleveland, Absence: Reed. Polensek, Cummins, Wilkes, John- Johnson, Wilkes. Authorized Absence: Present in CDED: Brancatelli, son, Santiago. Authorized Absence: Cloud, Reed. Pro tempore: Santiago. Chair; Dow, Vice Chair; Pruitt, Cum- Reed. Pro tempore: Keane. Present in Finance: Sweeney, mins, Westbrook, Brady, Zone, Present in Planning: Cimperman, Chair; Cimperman, Vice Chair; Brady, Miller. Authorized Absence: Cloud. Chair; Westbrook Vice Chair; Con- Conwell, Miller, Polensek, Brancatel- Pro tempore: Santiago, Wilkes. well, Dow, Keane, Zone. Authorized li, Cleveland, Westbrook, Mitchell, Kel- Present in Finance: Sweeney, Absence: Reed. ley. Pro tempore: Wilkes. Chair; Cimperman, Vice Chair; Present in Finance: Sweeney, Brady, Conwell, Miller, Polensek, Chair; Cimperman, Vice Chair; 12:00 p.m. Brancatelli, Cleveland, Westbrook, Brady, Conwell, Miller, Polensek, Mitchell, Kelley. Pro tempore: Wilkes. Brancatelli, Cleveland, Westbrook, Public Utilities Committee and Mitchell, Kelley. Finance Committee: Present in Util- 12:00 p.m. ities: Zone, Chair; Wilkes, Polensek, 12:00 p.m. Cummins, Keane, Kelley, Westbrook, Public Safety Committee and Santiago. Authorized Absence: Reed, Finance Committee: Present in Safe- Public Parks, Property and Recre- Vice Chair. ty: Conwell, Chair; Brady, Vice ation Committee and Finance Com- Present in Finance: Sweeney, Chair; Mitchell, Polensek, Miller, mittee: Present in Parks: Johnson, Chair; Cimperman, Vice Chair; Zone, Cummins, Pruitt, Santiago. Chair; Wilkes, Vice Chair; Bran- Brady, Conwell, Miller, Polensek, Present in Finance: Sweeney, catelli, Pruitt, Cummins, Kelley, Brancatelli, Cleveland, Westbrook, Chair; Cimperman, Vice Chair; Polensek. Mitchell, Kelley. Brady, Conwell, Miller, Polensek, Present in Finance: Sweeney, Brancatelli, Cleveland, Westbrook, Chair; Cimperman, Vice Chair; 12:00 p.m. Mitchell, Kelley. Brady, Conwell, Miller, Polensek, Brancatelli, Cleveland, Westbrook, Aviation and Transportation Com- 12:00 p.m. Mitchell, Kelley. mittee, City Planning Committee, Community and Economic Develop- Finance Committee: Present in 12:00 p.m. ment Committee and Finance Com- Finance: Sweeney, Chair; Cimper- mittee: Present in Aviation: Kelley, man, Vice Chair; Brady, Conwell, Health and Human Services Com- Chair; Keane, Vice Chair; West- Miller, Polensek, Brancatelli, Cleve- mittee, Legislation Committee and brook, Mitchell, Dow, Cleveland. land, Westbrook, Mitchell, Kelley.

Index

O—Ordinance; R—Resolution; F—File Bold figures—Final Publication; D—Defeated; R—Reprint; T—Tabled; V—Vetoed; Bold type in sections indicates amendments

Aging Department

Community Bridge Building Program — agreement — William E. Sanders Family Life Center (Ward 01 NEF) (O 1082-09) ...... 1491-1573

Agreements

Amend Sect. 1 of Ord. No. 737-09 — Scoop on Summer Program — Neighborhood Leadership Institute (Ward 11 NEF) (O 1080-09) ...... 1490-1573 Amend Sect. 1 of Ord. No. 947-09 — Summer Music Camp Program — Slavic Village Development Corp. (Ward 12 NCF) (O 1077-09) ...... 1490-1572 Amend Sect. 2 of Ord. No. 801-09 — Garfield Elementary School Mural Program — Young Audiences of Northeast Ohio, Inc., (Ward(s) 20 & 21 NEF) (O 1083-09) ...... 1491-1574 Amend title & Sect. 1 of Ord. No. 945-09 — Variety Theatre Restoration Project — The Friends of the Historic Variety Theatre (Ward 19 NEF) (O 1175-09) ...... 1497-1580 Arts in August Expo Program — Tremont West Development Corporation (Ward 13 NCF) (O 1117-09) ...... 1492-1575 Clerk of Council — Blue Technologies, Inc. & Hyland Software, Inc. — Legislative Management System & Web hosting services — repeal Ord. No. 942-09 (O 1084-09)...... 1491-1574 Community Bridge Building Program — William E. Sanders Family Life Center (Ward 01 NEF) (O 1082-09) ...... 1491-1573 Community Development — Option to Purchase Agreement with Fast Track Cycling, Inc — St. Michael’s Hospital (formerly known) (O 1160-09) ...... 1495-1578 Community Information Project — Neighborhood Leadership Institute (Ward 11 NEF) (O 1081-09) ...... 1490-1573 Fatima Fun and Fitness Program — Catholic Charities Community Services (Ward 7 NEF) (O 1079-09) ...... 1490-1573 1581 116 The City Record August 12, 2009

Furnace Repair Program — Community Housing Solutions (Ward 18 NCF) (O 1119-09) ...... 1493-1576 League Park Chargers Football Program — Famicos Foundation (Ward 07 NEF) (O 1176-09) ...... 1497-1580 National Urban Fellows — not naming individual (O 1046-09) ...... 1471 Park Arts Program — Park Works (Ward 18 NCF) (O 1177-09) ...... 1497-1580 Purchase Livingston Park Apartments and sell to LPA & authorizing development agreement (HUD) (O 1065-09) ...... 1478 Purchase property at 2227 Payne Avenue and convey to EDEN, Inc. (O 1064-09)...... 1477 RHAPSODY Summer Arts Camp — Progressive Arts Alliance (Ward 13 NEF) (O 1078-09) ...... 1490-1573 Youth Football and Cheerleading Program — Sims Raiders Youth Organization Inc. (Ward 11 NEF) (O 1118-09) ...... 1493-1575

Assessment Equalization Board

Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528

Banners

Fidelity Baptist Church — East 84th & East 85th and Wade Park — Aug. 1 to Aug. 31 — Annual Bazaar — Service Department (Ward 07) (O 1085-09) ...... 1491-1574 Westown Community Development Corp. — Terminal Ave. & West 130th St. — Aug. 1 to Aug. 31 — Westpark Community Celebration — Service Department (Ward 19) (O 1115-09) ...... 1492-1575 Union Miles Development Corp. — various locations — July 12 to Aug. 17 — “Union Miles Community Expo.” — Service Department (Ward 02) (O 1116-09) ...... 1492-1575

Board of Control — Cleveland Hopkins International Airport Division

Signage, lighting and marking plans drawings (FAA compliance) — approve subcontractor — Contract #69009 per BOC Res. 561-08 — Dept. of Port Control (BOC Res. 317-09) ...... 1525

Board of Control — Cleveland Public Power Division

Consulting services — technical and financial feasibility study for proposed water-to energy facility — amend Contract #67975 per BOC Res. 188-08 — Dept. of Public Utilities (BOC Res. 315-09) ...... 1525 Engineering (electrical) and planning services — approve subconsultants — Contract #69215 per BOC Res. 163-09 — Dept. of Public Utilities (BOC Res. 316-09) ...... 1525 Municipal Solid Waste-to-Energy Plant design and planning services — per Ord. 480-09 to Stearns, Conrad and Schmidt Consulting Engineers, Inc. — Dept. of Public Utilities (BOC Res. 314-09) ...... 1525

Board of Control — Finance Department

MITIS computer system maintenance and support — per C.O. Sec. 127.11 to Modis, Inc. — Division of Taxation, Dept. of Finance (BOC Res. 312-09) ...... 1524 Sale of scrap, personal property, and by-products in July 2009 — per BOC Res. 921-52 (BOC Res. 311-09) ...... 1524

Board of Control — Port Control Department

Signage, lighting and marking plans drawings (FAA compliance) — approve subcontractor — Contract #69009 per BOC Res. 561-08 — Division of Cleveland Hopkins International (BOC Res. 317-09) ...... 1525

Board of Control — Professional Service Contracts

Consulting services — technical and financial feasibility study for proposed water-to energy facility — amend Contract #67975 per BOC Res. 188-08 — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 315-09) ...... 1525 Engineering (electrical) and planning services — approve subconsultants — Contract #69215 per BOC Res. 163-09 — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 316-09) ...... 1525 1582 August 12, 2009 The City Record 117

Engineering services for Gordon Square Signing and Wayfinding Signage System — per Ord. 701-05 to Studio Graphique, Inc. — Dept. of Public Service (BOC Res. 319-09)...... 1526 Engineering services, geotechnical and environmental — per Ord. 454-09 to Professional Service Industries, Inc. (PSI) — Dept. of Public Service (BOC Res. 318-09) ...... 1525 GIS Consulting Services project management, computer programming and support — per Ord. 1657-08 to Woolpert, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 313-09) ...... 1524 MITIS computer system maintenance and support — per C.O. Sec. 127.11 to Modis, Inc. — Division of Taxation, Dept. of Finance (BOC Res. 312-09) ...... 1524 Municipal Solid Waste-to-Energy Plant design and planning services — per Ord. 480-09 to Stearns, Conrad and Schmidt Consulting Engineers, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 314-09) ...... 1525

Board of Control — Public Service Department

Engineering services for Gordon Square Signing and Wayfinding Signage System — per Ord. 701-05 to Studio Graphique, Inc. (BOC Res. 319-09) ...... 1526 Engineering services, geotechnical and environmental — per Ord. 454-09 to Professional Service Industries, Inc. (PSI) (BOC Res. 318-09) ...... 1525

Board of Control — Public Utilities Department

Consulting services — technical and financial feasibility study for proposed water-to energy facility — amend Contract #67975 per BOC Res. 188-08 — Division of Cleveland Public Power (BOC Res. 315-09) ...... 1525 Engineering (electrical) and planning services — approve subconsultants — Contract #69215 per BOC Res. 163-09 — Division of Cleveland Public Power (BOC Res. 316-09) ...... 1525 GIS Consulting Services project management, computer programming and support — per Ord. 1657-08 to Woolpert, Inc. — Division of Water (BOC Res. 313-09) ...... 1524 Municipal Solid Waste-to-Energy Plant design and planning services — per Ord. 480-09 to Stearns, Conrad and Schmidt Consulting Engineers, Inc. — Division of Cleveland Public Power (BOC Res. 314-09) ...... 1524

Board of Control — Purchases and Supplies Division

Sale of scrap, personal property, and by-products in July 2009 — per BOC Res. 921-52 (BOC Res. 311-09) ...... 1524

Board of Control — Requirement Contracts

Signage, lighting and marking plans drawings (FAA compliance) — approve subcontractor — Contract #69009 per BOC Res. 561-08 — Division of Cleveland Hopkins International, Dept. of Port Control (BOC Res. 317-09) ...... 1525

Board of Control — Ridge Road Transfer Station

Consulting services — technical and financial feasibility study for proposed water-to energy facility — amend Contract #67975 per BOC Res. 188-08 — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 315-09) ...... 1525

Board of Control — Taxation Division

MITIS computer system maintenance and support — per C.O. Sec. 127.11 to Modis, Inc. — Division of Taxation, Dept. of Finance (BOC Res. 312-09) ...... 1524

Board of Control — Water Division

GIS Consulting Services project management, computer programming and support — per Ord. 1657-08 to Woolpert, Inc. — Dept. of Public Utilities (BOC Res. 313-09) ...... 1524

Board of Zoning Appeals — Report

5300 Lakeshore Avenue, 5300, (Ward 13) — Concord Commerce One LLC, owner — appeal heard on 8/10/2009 (Cal. 09-145) ...... 1527 Broadview Road, 2330, (Ward 15) — Fred Manson, owner — appeal heard on 8/10/09 (Cal. 09-100) ...... 1527 Broadview Road, 4844, (Ward 16) — Fred Tadrous, owner, and George Hasrouni, tenant — appeal heard on 8/10/09 (Cal. 09-91) ...... 1527 1583 118 The City Record August 12, 2009

Brooklyn Avenue, 4615, (Ward 16) — Tim McNamara, owner — appeal heard on 8/10/2009 (Cal. 09-139) ...... 1527 Center Avenue, 1101, (Ward 13) — Old River Road Cleveland LLC, owner — appeal heard on 6/1/09 (Cal. 09-84)...... 1527 East 137th Street, 3414, (Ward 3) — Malinda Davis, owner — appeal granted and adopted on 8/10/09 (Cal. 09-134) ...... 1527 Memphis Avenue, 5840, (Ward 15) — Taco Bell of America, owner — appeal withdrawn on 8/10/2009 (Cal. 09-141) ...... 1527 Shaker Boulevard, 12805, (Ward 6) — Shaker House LLC and David Goodman, owners — appeal postponed to 8/31/09 on 8/10/2009 (Cal. 09-140)...... 1527 St. Clair Avenue, 3048, (Ward 13) — Guo Zhang-Tang and Fang Liang, owners — appeal heard on 8/10/2009 (Cal. 09-137) ...... 1527 Storer Avenue, 5902, (Ward 17) — MSM Family Investments, owner — appeal heard on 8/10/09 (Cal. 09-116) ...... 1527 West 114th Street, 1378, (Ward 18) — Angela Gomez, owner — appeal postponed to 8/31/09 on 8/10/2009 (Cal. 09-142) ...... 1527

Board of Zoning Appeals — Schedule

Fleet Avenue, 5002, (Ward 12) — Al Zaleski, owner — appeal to be heard on 8/24/09 (Cal. 09-156) ...... 1526 John Avenue, 3914, (Ward 13) — The City of Cleveland Department of Building and Housing, owner — appeal to be heard on 8/24/09 (Cal. 09-106)...... 1526 Union Avenue, 11001, (Ward 13) — Richard C. Morvilius, Jr., dba Cleveland Plumbing and Supply, owner — appeal to be heard on 08/24/2009 (Cal. 09-155)...... 1526 Union Avenue, 11001, (Ward 3) — Richard C. Morvilius, owner — appeal to be heard on 8/24/09 (Cal. 09-154) ...... 1526 West 48th Street, 1821, (Ward 17) — Bernard Reyes, owner — appeal to be heard on 8/24/09 (Cal. 09-158) ...... 1526 West 57th Street, 1808, (Ward 17) — James Littles, owner — appeal to be heard on 8/24/09 (Cal. 09-150) ...... 1526

Bridges

Amend Sect(s) 1 & 20 of Ord. No. 319-09 — Include the East 14th Streetscape to the project list (NOACA Project) (O 1159-09) ...... 1495-1578

Building and Housing Department

Amend Sect(s) 367.03 & 367.07 — Right of Entry and Placards posted on dwelling structures (vacated or condemned) (O 1075-09) ...... 1489-1572 Amend Sect. 623.04 — Criminal Trespass (O 1076-09)...... 1481

Building Code

Amend Sect(s) 367.03 & 367.07 — Right of Entry and Placards posted on dwelling structures (vacated or condemned) (O 1075-09) ...... 1489-1572 Amend Sect. 623.04 — Criminal Trespass (O 1076-09)...... 1481

Burke Lakefront Airport Division

Enact Sect. 571.89 — fees for voice & communications services at CHIA & Burke Lakefront Airport (O 1049-09) ...... 1472

Charter

Charter amendment — Section 76 (City Planning Commission ) (O 971-09) ...... 1523-1568

City Council

Clerk of Council — Agreements with Blue Technologies, Inc. & Hyland Software, Inc. — Legislative Management System & Web hosting services — repeal Ord. No. 942-09 (O 1084-09) ...... 1491-1574

City of Cleveland Bids

Light fixture rehabilitation of West 3rd Lift Bridge, Bridge No. 1:045M — Department of Public Service — Division of Engineering and Construction — per Ord. 455-09 — bid due August 27, 2009 (advertised 8/5/2009 and 8/12/2009) ...... 1527 1584 August 12, 2009 The City Record 119

City Planning Commission

Amend Sect(s) 1 & 2 of Ord. No. 774-09 — Holmden Ave. (north & south sides) East of West 14th St. — change Use District (Ward 13) (O 1067-09) ...... 1487-1570 Amend Sect(s) 1,2,3,4,5 & 6 of Ord. No. 556-09 — Bellaire Rd. (between Hirst Avenue and West 130th St) — change the zoning (Ward 19) (O 1069-09) ...... 1479 Baldwin Road S.E. — vacate a portion — Service Department (Ward 06) (O 1054-09) ...... 1474 Bridge Ave. (northeast corner) & W. 58th St. — Change the Use District — Open Space and Recreation District (Ward 17) (O 1113-09) ...... 1485 Charter amendment — Section 76 (City Planning Commission ) (O 971-09)...... 1523-1568 Clark Ave. (south side) — (between W. 13th St. & unnamed alley) — change Use District (Ward 13) (O 972-09) ...... 1524-1569 Clinton Ave. (northeast corner) & W. 65th St. — Change the Use District — Open Space and Recreation District (Ward 17) (O 1114-09) ...... 1486 E. of Warner Rd., & S. of Tioga Ave. — vacate a portion — Service Department (Ward 02) (O 1057-09) ...... 1475 East 23rd St., East 25th St., East 25th Pl. and Payne CT. (N.E.) — intention to vacate a portion — Service Department (Ward 13) (R 862-09)...... 1524-1527 East 71st Street — vacate a portion — Service Department (Ward 05) (O 1055-09) ...... 1474 Lee Rd. (south of) & Kollin Ave. — change Use District (Ward 01) (O 668-09) ...... 1523-1552 Linton Avenue S.E. — intent to vacate a portion — Service Department (Ward 12) (R 1059-09) ...... 1487 Merwin St. & (west) Columbus Rd. — Change the Use District — General Industry District to a General Retail Business District (Ward 13) (O 1111-09) ...... 1483 Miles Ave. & Judson Dr (north side) — change Use District (Ward 01) (O 667-09) ...... 1523-1551 Our Lady of Good Counsel Church, School, Rectory, Convent, and Hall — designate as landmark (Ward 16) (O 907-09) ...... 1522-1556 St. Patrick Church, School, Cemetery & Accessory Bldg. (St. Patrick West Park) — designate as landmark (Ward 21) (O 1068-09) ...... 1487-1570 West 27th Place — vacate a portion — Service Department (Ward 13) (O 1056-09)...... 1474 West 57th Street (southwest corner) & Ithaca Court — Change the Use District — Two Family Residential to Urban Garden District (Ward 17) (O 1112-09)...... 1484 Woodland Ave. (north) & E. 81St., (West & East) — vacate a portion — Service Department (Ward 06) (O 1058-09) ...... 1475

Clerk of Council

Agreements with Blue Technologies, Inc. & Hyland Software, Inc. — Legislative Management System & Web hosting services — repeal Ord. No. 942-09 (O 1084-09)...... 1491-1574

Cleveland Clinic Foundation

East 100th St. and Cedar Ave. — encroach into right-of-way — electrical / teledata cabling duct banks — Service Department (Ward 06) (O 1050-09) ...... 1472

Cleveland Electric Illuminating Company

Superior Ave. & East 36th St. — encroach into right-of-way — 15 banners attached to CPP & First Energy utility poles — Friends of E Prep Schools — Service Dept. (Ward 13) (O 1162-09) ...... 1496-1579

Cleveland Foundation

Making Greater Cleveland Lead Safe Program — grant — various agencies — Health Department (O 1060-09) ...... 1475 Public Management Development Program — Grant — Contract with CSU (O 1070-09) ...... 1488-1570

Cleveland Hopkins International Airport

Enact Sect. 571.89 — fees for voice & communications services at CHIA & Burke Lakefront Airport (O 1049-09) ...... 1472 Lease agreement with Bradford Airport Logistics — operate a centralized receiving & distribution center for all concessions operating at CHIA (O 698-09) ...... 1521-1553 Port Control — Lease Agreement with Continental Airlines, Inc for hangar space (O 758-09) ...... 1521-1553 Public improvement contracts for emergency generator power supply at CHIA (O 906-09) ...... 1522-1555 1585 120 The City Record August 12, 2009

Cleveland Municipal Court

Domestic Intervention, Education & Training (D.I.E.T.) Program — Grants — Corrections Planning — Cuyahoga County — Finance Department (O 1045-09) ...... 1471

Cleveland Public Power

Utilities Dept. — contracts — labor & materials repair or replace HVAC (O 900-09) ...... 1522-1554 Superior Ave. & East 36th St. — encroach into right-of-way — 15 banners attached to CPP & First Energy utility poles — Friends of E Prep Schools — Service Dept. (Ward 13) (O 1162-09) ...... 1496-1579

Cleveland State University

Public Management Development Program — Grant — The Cleveland Foundation — contract (O 1070-09) ...... 1488-1570

Codified Ordinances

Amend Sect(s) 367.03 & 367.07 — Right of Entry and Placards posted on dwelling structures (vacated or condemned) (O 1075-09) ...... 1489-1572 Amend Sect(s) 675.01 & 675.04 — Peddling conducted door-to-door (O 1158-09) ...... 1482 Amend Sect. 623.04 — Criminal Trespass (O 1076-09)...... 1481 Enact new Sect. 171.391 — Health care benefits for surviving spouse & dependents of employees killed in the line of duty (O 879-09)...... 1522-1554 Enact Sect. 571.89 — fees for voice & communications services at CHIA & Burke Lakefront Airport (O 1049-09) ...... 1472 Repeal Sect(s) 227.01 through 227.25, 227.99 — Day Cares revision (O 924-09) ...... 1523-1559

Collective Bargaining Agreements

Amend Sect. 14 of Ord. No. 947-08 — 2009 Collective Bargaining Agreement for OPBA (Security Officers) — Payband Section # 9 (O 1157-09) ...... 1494-1577

Communications

Village Green Elderly II, NRP Holdings, LLC — notification of construction & management of residential rental development — 18221 Euclid Ave. (Ward 11) (F 1185-09) ...... 1469

Community Development Department

Amend Sect. 1 of Ord. No. 737-09 — Scoop on Summer Program — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1080-09) ...... 1490-1573 Amend Sect. 2 of Ord. No. 801-09 — Garfield Elementary School Mural Program — agreement — Young Audiences of Northeast Ohio, Inc., (Ward(s) 20 & 21 NEF) (O 1083-09) ...... 1491-1574 Arts in August Expo Program — agreement — Tremont West Development Corporation (Ward 13 NCF) (O 1117-09) ...... 1492-1575 Bailey Ave. — PPN 007-07-066 — Land Reutilization Program — Juan A. Munoz (Ward 14) (O 1062-09) ...... 1476 Community Information Project — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1081-09) ...... 1490-1573 East 82nd St. — PPN 106-07-077/078/ 079 — Land Reutilization Program — Cleve Covington, Jr. (Ward 07) (O 1061-09) ...... 1476 East 86th St. — PPN 133-28-031 — Land Reutilization Program — David G. Moeller (Ward 02) (O 1063-09) ...... 1477 Furnace Repair Program — agreement — Community Housing Solutions (Ward 18 NCF) (O 1119-09) ...... 1493-1576 Option to Purchase Agreement with Fast Track Cycling, Inc — St. Michael’s Hospital (formerly known) (O 1160-09) ...... 1495-1578 Park Arts Program — agreement — Park Works (Ward 18 NCF) (O 1177-09)...... 1497-1580 Purchase Livingston Park Apartments and sell to LPA & authorizing development agreement (HUD) (O 1065-09) ...... 1478 Purchase property at 2227 Payne Avenue and convey to EDEN, Inc. (O 1064-09)...... 1477 RHAPSODY Summer Arts Camp — agreement — Progressive Arts Alliance (Ward 13 NEF) (O 1078-09) ...... 1490-1573 1586 August 12, 2009 The City Record 121

Condolence

Bolden, Edward (R 1222-09) ...... 1470 Donlon, William Thompson (R 1217-09) Fabrizi, — Sgt. 1st Class Jason J. (R 1219-09) ...... 1470 Garrett, James Robert (R 1216-09)...... 1470 Harley, Roberta (R 1218-09) ...... 1470 Jeffries, Dewey (R 1220-09) ...... 1470 Kucinich, Frank J. (R 1214-09)...... 1470 Long, Joann (R 1221-09)...... 1470 McBee, Queen Esther (R 1215-09) ...... 1470 Trivissano, Linda (R 1223-09)...... 1470

Congratulations

Albert “Peg” Scott & The Golden Echols (R 1229-09) ...... 1470 Bolden, Rev. Nathaniel (R 1233-09) ...... 1470 Hasan, Detective Sahir K. (R 1224-09) ...... 1470 Jones, LaTosca B. (R 1232-09) ...... 1470 Larry, Jr., Sergeant Wilmore (R 1225-09) ...... 1470 Mt. Zion Congregational Church (R 1230-09)...... 1470 Schachter, Dr. Lifsa (R 1227-09) ...... 1470 Schneider, Mitchell C. (R 1228-09) ...... 1470 Thomas, Janet (R 1231-09) ...... 1470 Wilder, Dominic Wayne (R 1226-09) ...... 1470

Contracts

Port Control-for safe deicing fluid disposal (O 762-09) ...... 1522-1554 Amend Sect. 7 of Ord. No. 725-09 — implement records management system (O 1072-09) ...... 1488-1571 Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Contracts — rental of large capacity trucks with operators (O 1048-09) ...... 1471 Finance Department — electric power — various divisions of city government (O 1155-09) ...... 1482 Greater Cleveland Media Development Corp. — new marketing initiative (O 1066-09) ...... 1479 McKnight Associates Ltd. to design revisions to Zone Recreation Center Master Plan (O 910-09) ...... 1522-1557 National Economic Research Associates, Inc — To develop, conduct, and interpret a disparity study (O 1073-09) ...... 1489-1571 Petty Group, LLC — Contract No. 68615 — Roberto Clemente Park Site Improvements — Statement of Final Acceptance (F 1211-09) ...... 1470 Port Control Department — public improvement contracts — repairing or replacing roofs (O 1047-09) ...... 1471 Precision Engineering & Contracting Co., Inc. — Contract No. 68850 — Kenneth L. Johnson Recreation Center Water Slide Improvements — Statement of Final Acceptance (F 1212-09) ...... 1470 Precision Engineering & Contracting, Inc. — Contract No. 68462 — Gilmore Park Site Improvements — Statement of Final Acceptance (F 1209-09) ...... 1470 Public improvement contracts for emergency generator power supply at CHIA (O 906-09) ...... 1522-1555 Public Management Development Program — Grant — The Cleveland Foundation — CSU (O 1070-09) ...... 1488-1570 R. J. Platten Contracting Co., Inc., — Contract No. 68495 — Mall Park Station Parking Lot Improvements — Statement of Final Acceptance (F 1210-09) ...... 1470 Redevelop and Lease of Aviation High School (O 964-09) ...... 1523-1567 T & F Systems., Inc. — Contract No. 669933 — Cleveland City Hall Roof Replacement (Phase 2) — Statement of Final Acceptance (F 1213-09) ...... 1470 Utilities Dept. — labor & materials repair or replace HVAC (O 900-09)...... 1522-1554

Economic Development Department

Amend title & Sect. 1 of Ord. No. 945-09 — Variety Theatre Restoration Project — agreement — The Friends of the Historic Variety Theatre (Ward 19 NEF) (O 1175-09 ...... 1497-1580 Greater Cleveland Media Development Corp. — contract — new marketing initiative (O 1066-09) ...... 1479 1587 122 The City Record August 12, 2009

Encroachments

East 100th St. and Cedar Ave. — right-of-way — electrical / teledata cabling duct banks — Cleveland Clinic Foundation — Service Department (Ward 06) (O 1050-09) ...... 1472 East 53rd St. — right-of-way — parking area — Lakeside Commerce, LLC — Service Department (Ward 13 ) (O 1051-09) ...... 1473 East 49th St., 1390 — right-of-way — entrance canopy & two support posts — Ohio Technical College — Service Department (Ward 13 ) (O 1052-09) ...... 1473 Superior Ave. & East 36th St. — right-of-way — 15 banners attached to CPP & First Energy utility poles — Friends of E Prep Schools — Service Dept. (Ward 13) (O 1162-09) ...... 1496-1579

Famicos Foundation

League Park Chargers Football Program — agreement (Ward 07 NEF) (O 1176-09) ...... 1497-1580

Finance Department

Contracts — electric power — various divisions of city government (O 1155-09)...... 1482 Domestic Intervention, Education & Training (D.I.E.T.) Program — Grants — Corrections Planning — Cleveland Municipal Court — Cuyahoga County (O 1045-09) ...... 1471

Grants

2009 State Byrne Memorial Justice Assistance Grant (JAG) “COPS for Cleveland” — contracts for police training, driving simulator and police cars (O 908-09) ...... 1522-1556 Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) (O 1053-09) ...... 1473 Byrne Justice Assistance Grant Program, 2009 — U.S. Department of Justice — Safety Department (O 1071-09)...... 1488-1571 Domestic Intervention, Education & Training (D.I.E.T.) Program — Corrections Planning — Cleveland Municipal Court — Cuyahoga County — Finance Department (O 1045-09) ...... 1471 Edward Byrne Memorial Competitive Grant, 2009 (O 909-09) ...... 1522-1557 Gang Resistance Education and Training Program, 2009 — U.S. Department of Justice (O 917-09) ...... 1523-1557 Making Greater Cleveland Lead Safe Program — various agencies — Cleveland Foundation — Health Department (O 1060-09) ...... 1475 Paul Coverdell Forensic Science Improvement Grant, 2009 — U.S. Department of Justice (O 919-09) ...... 1523-1558 Public Management Development Program — The Cleveland Foundation — Contract with CSU (O 1070-09) ...... 1488-1570 Special Ohio Drug Use Prevention Grant (O 918-09) ...... 1523-1558 State Byrne Memorial Justice Assistance Grant, 2009 (O 923-09) ...... 1523-1558

Greater Cleveland Regional Transit Authority (GCRTA)

RTA Community Circulators(R 1107-09) ...... 1498-1535

Health Care Coverage

Enact new Sect. 171.391 — Health care benefits for surviving spouse & dependents of employees killed in the line of duty (O 879-09)...... 1522-1554

Health Department

Making Greater Cleveland Lead Safe Program — grant — various agencies — Cleveland Foundation (O 1060-09) ...... 1475 Repeal Sect(s) 227.01 through 227.25, 227.99 — Day Cares revision (O 924-09) ...... 1523-1559

Kenneth L. Johnson Recreation Center

Precision Engineering & Contracting Co., Inc. — Contract No. 68850 — Water Slide Improvements — Statement of Final Acceptance (F 1212-09) ...... 1470

Land Bank Reutilization Program

Bailey Ave. — PPN 007-07-066 — Juan A. Munoz (Ward 14) (O 1062-09) ...... 1476 East 82nd St. — PPN 106-07-077/078/ 079 — Cleve Covington, Jr. (Ward 07) (O 1061-09)...... 1476 East 86th St. — PPN 133-28-031 — David G. Moeller (Ward 02) (O 1063-09) ...... 1477 1588 August 12, 2009 The City Record 123

Landmarks Commission

Our Lady of Good Counsel Church, School, Rectory, Convent, and Hall — designate as landmark — City Planning Commission (Ward 16) (O 907-09) ...... 1522-1556 St. Patrick Church, School, Cemetery & Accessory Bldg. (St. Patrick West Park) — designate as landmark — City Planning Commission (Ward 21) (O 1068-09) ...... 1487-1570

Leases Agreement

Bradford Airport Logistics — operate a centralized receiving & distribution center for all concessions operating at CHIA (O 698-09) ...... 1521-1553 Port Control — Continental Airlines, Inc for hangar space (O 758-09)...... 1521-1553

Liquor Permits

Broadview Rd., 2145 — withdraw objection to transfer of ownership — repeal Res. 793-09 (Ward 15) (R 1093-09) ...... 1501-1530 Broadview Rd., 3314 (1st fl. & bsmt.) — objection to renewal (Ward 15) (R 1170-09) ...... 1520-1549 Broadview Rd., 4450-52 — objection to renewal (Ward 16) (R 1095-09) ...... 1501-1531 Broadway Ave., 4643 — objection to renewal (Ward 05) (R 1168-09) ...... 1519-1549 Broadway Ave., 5474 — objection to issuance — liquor permits (Ward 05) (R 1092-09) ...... 1500-1530 Broadway Ave., 6410 — new application (Ward 12) (F 1193-09) ...... 1470 Broadway Ave., 6410 — objection to issuance (Ward 12) (R 1120-09) ...... 1506-1536 Buckeye Rd., 10008 — objection to renewal (Ward 04) (R 1135-09) ...... 1511-1541 Buckeye Rd., 11132 — objection to renewal (Ward 04) (R 1136-09) ...... 1511-1541 Buckeye Rd., 11501 — transfer of ownership application (Ward 04) (F 1189-09) ...... 1469 Buckeye Rd., 8805 — objection to renewal (Ward 04) (R 1134-09) ...... 1510-1540 Cedar Ave., 2747 (1st. fl. & bsmt.) — objection to renewal (Ward 05) (R 1167-09) ...... 1519-1548 Cedar Ave., 7002 — objection to renewal (Ward 05) (R 1129-09) ...... 1509-1539 Cedar Ave., 7002 — withdraw objection to transfer of ownership — repeal Res. 460-09 (Ward 05) (R 1174-09) ...... 1521-1550 Central Ave., 3337 — objection to renewal (Ward 05) (R 1130-09) ...... 1509-1539 Clark Ave., 3226 — objection to renewal (Ward 14) (R 1149-09) ...... 1515-1545 Clark Ave., 3415 — new application (Ward 14) (F 1197-09) ...... 1470 Coltman Rd., 1931 (1st fl.) — objection to renewal (Ward 06) (R 1132-09) ...... 1510-1540 Corlett Ave., 12401 — objection to renewal (Ward 02) (R 1151-09) ...... 1516-1546 Denison Ave., 6501 — objection to renewal (Ward 16) (R 1096-09) ...... 1502-1531 Dolloff Rd., 5351-53 — objection to renewal (Ward 05) (R 1131-09) ...... 1509-1539 East 116th St., 3019 — objection to renewal (Ward 04) (R 1138-09) ...... 1512-1542 East 131st St., 4005-07 — objection to renewal (Ward 03) (R 1144-09) ...... 1514-1543 East 140th St., 625 — objection to renewal (Ward 10) (R 1101-09) ...... 1504-1533 East 144th St., 3744 (1st. fl.) — objection to renewal (Ward 03) (R 1145-09)...... 1514-1544 East 152nd St., 552 — objection to transfer of ownership (Ward 10) (R 1103-09) ...... 1504-1533 East 156th St., 383 — objection to renewal (Ward 11) (R 1140-09) ...... 1512-1542 East 65th St., 3614 — objection to renewal (Ward 12) (R 1121-09) ...... 1506-1536 East 71st St., 4233-35 (1st. fl. & bsmt.) — objection to renewal (Ward 12)(R 1122-09) ...... 1506-1536 East 79th St., 3135 — objection to renewal (Ward 05) (R 1169-09) ...... 1519-1549 East 93rd St., 3230 — objection to renewal (Ward 04) (R 1137-09) ...... 1511-1541 East 93rd St., 3363 — objection to renewal (Ward 05) (R 1133-09) ...... 1510-1540 East 93rd St., 3831 — objection to renewal (Ward 02) (R 1105-09) ...... 1505-1534 Elm St., 2325 — objection to renewal (Ward 13) (R 1089-09) ...... 1500-1529 Euclid Ave., 1228 — new application (Ward 13) (F 1195-09) ...... 1470 Euclid Ave., 18029 — objection to renewal (Ward 10) (R 1165-09) ...... 1518-1548 Fleet Ave., 6101 — objection to renewal (Ward 12) (R 1123-09) ...... 1507-1537 Kinsman Rd., 12802 (1st fl. & bsmt.) — objection to renewal (Ward 03) (R 1163-09) ...... 1518-1547 Kinsman Rd., 14300 (1st fl. & bsmt.) — objection to renewal (Ward 03) (R 1146-09) ...... 1514-1544 Kinsman Rd., 9203 — objection to renewal (Ward 04) (R 1139-09) ...... 1512-1542 Lakeshore Blvd., 15609 — new application (Ward 11) (F 1191-09) ...... 1470 Lakeshore Blvd., 15609 — objection to issuance (Ward 11) (R 1141-09) ...... 1513-1542 Lakeshore Blvd., 16826 — objection to transfer of ownership (Ward 11) (R 1142-09) ...... 1513-1543 Lakeshore Blvd., 16826 — transfer of ownership application (Ward 11) (F 1192-09) ...... 1470 Lakewood Hts. Blvd., 13525 — objection to renewal (Ward 19) (R 1086-09) ...... 1499-1528 Lee Rd., 4071 — new application (Ward 01) (F 1186-09) ...... 1469 Lorain Ave., 10202 — withdraw objection to transfer of ownership — repeal Res. 929-09 (Ward 19) (R 1087-09) ...... 1499-1528 Lorain Ave., 11633 (patio) — transfer of ownership application (Ward 19) (F 1201-09)...... 1470 Lorain Ave., 13712 — new application (Ward 20) (F 1203-09) ...... 1470 Lorain Ave., 13712 — objection to issuance (Ward 20) (R 1154-09)...... 1517-1547 Lorain Ave., 14910 — objection to renewal (Ward 21) (R 1173-09) ...... 1521-1550 1589 124 The City Record August 12, 2009

Lorain Ave., 16803 — new application (Ward 21) (F 1206-09) ...... 1470 Madison Ave., 8309 (1st & 2nd fls. ) — objection to renewal (Ward 17) (R 1172-09) ...... 1520-1550 Memphis Ave., 5714 — objection to transfer of ownership (Ward 16) (R 1097-09) ...... 1502-1531 Memphis Ave., 5741 — transfer of ownership application (Ward 16) (F 1200-09)...... 1470 Miles Ave., 11334 — objection to transfer of ownership (Ward 02) (R 1106-09) ...... 1505-1534 Miles Ave., 11334 — transfer of ownership application (Ward 02) (F 1187-09) ...... 1469 Miles Ave., 11609 — objection to renewal (Ward 02) (R 1153-09) ...... 1517-1546 Miles Ave., 9305 — objection to renewal (Ward 02) (R 1152-09) ...... 1516-1546 Old River Rd., 1204 (mezzanine & patios) — objection to renewal (Ward 13) (R 1125-09)...... 1507-1537 Prospect Ave., 618 (2nd fl. only) — objection to renewal (Ward 13) (R 1126-09) ...... 1508-1538 Puritas Ave., 14302 — transfer of ownership application (Ward 20) (F 1204-09) ...... 1470 Rivrside Dr., 5300 — additional class application (Ward 20) (F 1205-09) ...... 1470 Rocky River Dr., 4361-63 — transfer of ownership and location application — (Ward 21) (F 1208-09)...... 1470 St. Clair Ave., 12515-19 — objection to renewal (Ward 10) (R 1166-09)...... 1518-1548 St. Clair Ave., 18506 — objection to renewal (Ward 11) (R 1143-09) ...... 1513-1543 State Rd., 4265 — new application (Ward 15) (F 1199-09) ...... 1470 State Rd., 4380 — objection to issuance (Ward 16) (R 1098-09) ...... 1503-1532 State Rd., 4693 — objection to renewal (Ward 16) (R 1099-09) ...... 1503-1532 State Rd., 4716 — objection to renewal (Ward 16) (R 1100-09) ...... 1503-1532 Superior Ave., 11139-43 — objection to renewal (Ward 09) (R 1171-09) ...... 1520-1550 Superior Ave., 7017-19 (1st & 2nd fl.) — objection to renewal (Ward 07) (R 1094-09) ...... 1501-1530 Union Ave., 10300 — objection to renewal (Ward 03) (R 1147-09) ...... 1515-1544 Union Ave., 11401 — new application (Ward 03) (F 1188-09) ...... 1469 Union Ave., 12408 — objection to renewal (Ward 03) (R 1148-09) ...... 1515-1545 Warner Rd., 4324 — objection to renewal (Ward 12) (R 1124-09) ...... 1507-1537 Warren Rd., 3356 — transfer of ownership application (Ward 21) (F 1207-09)...... 1470 West 117th St., 3065 — withdraw objection to transfer of ownership — repeal Res. 930-09 (Ward 19) (R 1088-09) ...... 1499-1529 West 130th St., 4281 — new application (Ward 20) (F 1202-09) ...... 1470 West 130th St., 4281 — objection to issuance (Ward 19) (R 1102-09)...... 1504-1533 West 14th St., 3146 — objection to renewal (Ward 13) (R 1090-09) ...... 1500-1529 West 25th St., 1616 — objection to renewal (Ward 13) (R 1128-09) ...... 1508-1538 West 25th St., 1872 (1st.fl. & Bsmt.) — transfer of ownership application (Ward 13) (F 1196-09) ...... 1470 West 25th St., 2030-32 (1st. & 2nd Fls.) — stock transfer application (Ward 14) (F 1198-09) ...... 1470 West 25th St., 2132 (1st. fl.) — objection to renewal (Ward 13) (R 1091-09) ...... 1500-1529 West 44th St., 3382 — objection to renewal (Ward 14) (R 1150-09) ...... 1516-1545 West 6th St., 2132 (1st. & 2nd fl., bsmt. & patio) — stock transfer application (Ward 13) (F 1194-09) ...... 1470 West 9th St., 1382 (Suite 100 & patio & 1st fl.) — objection to renewal (Ward 13) (R 1127-09) ...... 1508-1538 Woodhill Ave., 2603 — objection to renewal (Ward 06) (R 1161-09) ...... 1517-1547 Woodhill Rd., 2623 (1st fl.) — objection to renewal (Ward 06) (R 1104-09) ...... 1505-1534 Woodland Ave., 5611 — transfer of ownership and location application (Ward 05) (F 1190-09) ...... 1469

Neighborhood Equity Funds

Amend Sect. 1 of Ord. No. 737-09 — Scoop on Summer Program — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1080-09) ...... 1490-1573 Amend Sect. 2 of Ord. No. 801-09 — Garfield Elementary School Mural Program — agreement — Young Audiences of Northeast Ohio, Inc., (Ward(s) 20 & 21 NEF) (O 1083-09) ...... 1491-1574 Amend title & Sect. 1 of Ord. No. 945-09 — Variety Theatre Restoration Project — agreement — The Friends of the Historic Variety Theatre (Ward 19 NEF) (O 1175-09) ...... 1497-1580 Community Bridge Building Program — agreement — William E. Sanders Family Life Center (Ward 01 NEF) (O 1082-09) ...... 1491-1573 Community Information Project — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1081-09) ...... 1490-1573 Fatima Fun and Fitness Program — agreement — Catholic Charities Community Services (Ward 7 NEF) (O 1079-09) ...... 1490-1573 League Park Chargers Football Program — agreement — Famicos Foundation (Ward 07 NEF) (O 1176-09) ...... 1497-1580 RHAPSODY Summer Arts Camp — agreement — Progressive Arts Alliance (Ward 13 NEF) (O 1078-09) ...... 1490-1573 Youth Football and Cheerleading Program — agreement — Sims Raiders Youth Organization Inc. (Ward 11 NEF) (O 1118-09) ...... 1493-1575 1590 August 12, 2009 The City Record 125

Northeast Ohio Areawide Coordinating Agency

Amend Sect(s) 1 & 20 of Ord. No. 319-09 — Include the East 14th Streetscape to the project list (NOACA Project) (O 1159-09) ...... 1495-1578

Oath of Office

Carroll, David J. — Lieutenant — Police Division (F 1178-09)...... 1469 Ealey, James D. — Sergeant — Police Division (F 1180-09) ...... 1469 Ezzo, Andrew J. — Sergeant — Police Division (F 1181-09) ...... 1469 Peters, George M. — Sergeant — Police Division (F 1182-09) ...... 1469 Sattler, John C. — Sergeant — Police Division (F 1183-09)...... 1469 Socha, Jennie S. — Lieutenant — Police Division (F 1179-09) ...... 1469 Stacho, Maria A. — Sergeant — Police Division (F 1184-09)...... 1469

Office of Equal Opportunity

National Economic Research Associates, Inc — contracts — To develop, conduct, and interpret a disparity study (O 1073-09) ...... 1489-1571

Ohio, State of

Amend Sect(s) 1 & 20 of Ord. No. 319-09 — Include the East 14th Streetscape to the project list (NOACA Project) (O 1159-09) ...... 1495-1578

Parks, Recreation and Properties Department

Contracts with McKnight Associates Ltd. to design revisions to Zone Recreation Center Master Plan (O 910-09) ...... 1522-1557 Fatima Fun and Fitness Program — agreement — Catholic Charities Community Services (Ward 7 NEF) (O 1079-09) ...... 1490-1573 League Park Chargers Football Program — agreement — Famicos Foundation (Ward 07 NEF) (O 1176-09) ...... 1497-1580 Petty Group, LLC — Contract No. 68615 — Roberto Clemente Park Site Improvements — Statement of Final Acceptance (F 1211-09) ...... 1470 Precision Engineering & Contracting Co., Inc. — Contract No. 68850 — Kenneth L. Johnson Recreation Center Water Slide Improvements — Statement of Final Acceptance (F 1212-09) ...... 1470 Precision Engineering & Contracting, Inc. — Contract No. 68462 — Gilmore Park Site Improvements — Statement of Final Acceptance (F 1209-09) ...... 1470 R. J. Platten Contracting Co., Inc., — Contract No. 68495 — Mall Park Station Parking Lot Improvements — Statement of Final Acceptance (F 1210-09) ...... 1470 Youth Football and Cheerleading Program — agreement — Sims Raiders Youth Organization Inc. (Ward 11 NEF) (O 1118-09) ...... 1493-1575

Peddlers

Amend Sect(s) 675.01 & 675.04 — Peddling conducted door-to-door (O 1158-09) ...... 1482 Dimarhos, John G. — Temporary Sidewalk Occupancy Permit — 3301 Payne Avenue (Ward 13)(O 1110-09) ...... 1492-1574 Stewart, Timothy — peddling (Ward 13) (O 1164-09) ...... 1497-1580

Permits

Dimarhos, John G. — Temporary Sidewalk Occupancy Permit — 3301 Payne Avenue (Ward 13)(O 1110-09) ...... 1492-1574

Personnel and Human Resources Department

Amend Sect. 14 of Ord. No. 947-08 — 2009 Collective Bargaining Agreement for OPBA (Security Officers) — Payband Section 9 (O 1157-09) ...... 1494-1577 Amend Sect. 40 of Ord. No. 947-08 — compensation for various classifications (Workforce Development) (O 1156-09) ...... 1493-1576 Enact new Sect. 171.391 — Health care benefits for surviving spouse & dependents of employees killed in the line of duty (O 879-09)...... 1522-1554 1591 126 The City Record August 12, 2009

Police Division of the Department of Public Safety

Carroll, David J. — Lieutenant (F 1178-09) ...... 1469 Ealey, James D. — Sergeant (F 1180-09) ...... 1469 Ezzo, Andrew J. — Sergeant (F 1181-09) ...... 1469 Peters, George M. — Sergeant (F 1182-09) ...... 1469 Sattler, John C. — Sergeant (F 1183-09) ...... 1469 Socha, Jennie S. — Lieutenant (F 1179-09) ...... 1469 Stacho, Maria A. — Sergeant (F 1184-09) ...... 1469

Port Control Department

Contract-for safe deicing fluid disposal (O 762-09) ...... 1522-1554 Contracts — rental of large capacity trucks with operators (O 1048-09) ...... 1471 Enact Sect. 571.89 — fees for voice & communications services at CHIA & Burke Lakefront Airport (O 1049-09) ...... 1472 Lease agreement with Bradford Airport Logistics — operate a centralized receiving & distribution center for all concessions operating at CHIA (O 698-09) ...... 1521-1553 Lease Agreement with Continental Airlines, Inc for hangar space (O 758-09)...... 1521-1553 Public improvement contracts — repairing or replacing roofs (O 1047-09) ...... 1471 Redevelop and Lease of Aviation High School (O 964-09) ...... 1523-1567

Professional Services

Amend Sect. 7 of Ord. No. 725-09 — implement records management system (O 1072-09) ...... 1488-1571 Clerk of Council — Agreements with Blue Technologies, Inc. & Hyland Software, Inc. — Legislative Management System & Web hosting services — repeal Ord. No. 942-09 (O 1084-09) ...... 1491-1574 Contracts with McKnight Associates Ltd. to design revisions to Zone Recreation Center Master Plan (O 910-09) ...... 1522-1557 National Economic Research Associates, Inc — contracts — To develop, conduct, and interpret a disparity study (O 1073-09) ...... 1489-1571 Public improvement contracts for emergency generator power supply at CHIA (O 906-09) ...... 1522-1555 Redevelop and Lease of Aviation High School (O 964-09) ...... 1523-1567 State Byrne Memorial Justice Assistance Grant, 2009 (O 923-09) ...... 1523-1558 Utilities Dept. — analysis of service, rate and fees for water and sewer for the years 2011 through 2015 — Public Improvements (O 753-09) ...... 1521-1553

Project Agreements

Amend Sect(s) 1 & 20 of Ord. No. 319-09 — Include the East 14th Streetscape to the project list (NOACA Project) (O 1159-09) ...... 1495-1578

Public Improvement

Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Contracts for emergency generator power supply at CHIA (O 906-09) ...... 1522-1555 Port Control Department — contracts — repairing or replacing roofs (O 1047-09) ...... 1471 Redevelop and Lease of Aviation High School (O 964-09) ...... 1523-1567

Public Utilities Department

Agreements with National Urban Fellows — not naming individual (O 1046-09) ...... 1471 Contracts — labor & materials repair or replace HVAC (O 900-09)...... 1522-1554 Participate in Doan Brook Watershed Partnership (O 902-09) ...... 1522-1555

Purchase and Supplies Division

Community Development — Option to Purchase Agreement with Fast Track Cycling, Inc — St. Michael’s Hospital (formerly known) (O 1160-09) ...... 1495-1578

Recognition Resolutions

Albeny, Jami (R 1241-09) ...... 1470 Cimperman, Honorable Joseph (R 1235-09) ...... 1470 Hawkins, Grace (R 1238-09) ...... 1470 Morton’s The Steakhouse (R 1234-09) ...... 1470 Rona R. Carter Scholarship Program (R 1242-09)...... 1470 1592 August 12, 2009 The City Record 127

Rotary Club of Cleveland & Community Service Committee (R 1240-09) ...... 1470 Sheats, Jane B. (R 1237-09) ...... 1470 Sims, Mary (R 1244-09) ...... 1470 The Kimble Family Reunion (R 1236-09)...... 1470 The Upshaw Family Reunion — 2009 (R 1243-09)...... 1470 Williams, John C. (R 1239-09) ...... 1470

Resolution — Miscellaneous

RTA Community Circulators (R 1107-09) ...... 1498-1535 Beachland Station Post Office (R 1108-09) ...... 1498-1535 Dunham Tavern Museum Expansion and Preservation Project (R 1109-09) ...... 1498-1535

Resolution of Support

Beachland Station Post Office (R 1108-09) ...... 1498-1535 Dunham Tavern Museum Expansion and Preservation Project (R 1109-09) ...... 1498-1535 RTA Community Circulators (R 1107-09) ...... 1498-1535

Safety Department

2009 State Byrne Memorial Justice Assistance Grant (JAG) “COPS for Cleveland” — contracts for police training, driving simulator and police cars (O 908-09) ...... 1522-1556 Amend Sect(s) 367.03 & 367.07 — Right of Entry and Placards posted on dwelling structures (vacated or condemned) (O 1075-09) ...... 1489-1572 Amend Sect. 623.04 — Criminal Trespass (O 1076-09) Amend Sect. 7 of Ord. No. 725-09 — implement records management system (O 1072-09) ...... 1488-1571 Byrne Justice Assistance Grant Program, 2009 — Grant — U.S. Department of Justice (O 1071-09) ...... 1488-1571 Edward Byrne Memorial Competitive Grant, 2009 (O 909-09) ...... 1522-1557 Gang Resistance Education and Training Program, 2009 — Grants — U.S. Department of Justice (O 917-09) ...... 1523-1557 Paul Coverdell Forensic Science Improvement Grant, 2009 — Grants — U.S. Department of Justice (O 919-09) ...... 1523-1558 Special Ohio Drug Use Prevention Grant (O 918-09) ...... 1523-1558 State Byrne Memorial Justice Assistance Grant, 2009 (O 923-09) ...... 1523-1558

Salaries

Amend Sect. 40 of Ord. No. 947-08 — compensation for various classifications (Workforce Development) (O 1156-09) ...... 1493-1576 Amend Sect. 14 of Ord. No. 947-08 — 2009 Collective Bargaining Agreement for OPBA (Security Officers) — Payband Section 9 (O 1157-09) ...... 1494-1577

Service Department

Amend Sect(s) 1 & 20 of Ord. No. 319-09 — Include the East 14th Streetscape to the project list (NOACA Project) (O 1159-09) ...... 1495-1578 Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528 Baldwin Road S.E. — vacate a portion — City Planning Commission (Ward 06)(O 1054-09) ...... 1474 E. of Warner Rd., & S. of Tioga Ave. — vacate a portion — City Planning Commission (Ward 02) (O 1057-09) ...... 1475 East 100th St. and Cedar Ave. — encroach into right-of-way — electrical / teledata cabling duct banks — Cleveland Clinic Foundation (Ward 06) (O 1050-09) ...... 1472 East 23rd St., East 25th St., East 25th Pl. and Payne Ct. (N.E.) — intention to vacate a portion — City Planning Commission (Ward 13) (R 862-09) ...... 1524-1527 East 49th St., 1390 — encroach into right-of-way — entrance canopy & two support posts — Ohio Technical College (Ward 13 ) (O 1052-09) ...... 1473 East 53rd St. — encroach into right-of-way — parking area — Lakeside Commerce, LLC (Ward 13 ) (O 1051-09) ...... 1473 East 71st Street — vacate a portion — City Planning Commission (Ward 05) (O 1055-09)...... 1474 Fidelity Baptist Church — banners — East 84th & East 85th and Wade Park — Aug. 1 to Aug. 31 — Annual Bazaar (Ward 07) (O 1085-09) ...... 1491-1574 Linton Avenue S.E. — intent to vacate a portion — City Planning Commission (Ward 12) (R 1059-09) ...... 1487 Superior Ave. & East 36th St. — encroach into right-of-way — 15 banners attached to CPP & First Energy utility poles — Friends of E Prep Schools (Ward 13) (O 1162-09) ...... 1496-1579 1593 128 The City Record August 12, 2009

T & F Systems., Inc. — Contract No. 669933 — Cleveland City Hall Roof Replacement (Phase 2) — Statement of Final Acceptance (F 1213-09) ...... 1470 Union Miles Development Corp. — banners — various locations — July 12 to Aug. 17 — “Union Miles Community Expo.” (Ward 02) (O 1116-09) ...... 1492-1575 West 27th Place — vacate a portion — City Planning Commission (Ward 13) (O 1056-09) ...... 1474 Westown Community Development Corp. — banners — Terminal Ave. & West 130th St. — Aug. 1 to Aug. 31 — Westpark Community Celebration (Ward 19) (O 1115-09) ...... 1492-1575 Woodland Ave. (north) & E. 81St., (West & East) — vacate a portion — City Planning Commission (Ward 06) (O 1058-09) ...... 1475

Sidewalks

Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528

Slavic Village Development Corporation

Amend Sect. 1 of Ord. No. 947-09 — Summer Music Camp Program — agreement (Ward 12 NCF) (O 1077-09) ...... 1490-1572

State of Final Acceptance

Precision Engineering & Contracting, Inc. — Contract No. 68462 — Gilmore Park Site Improvements (F 1209-09) ...... 1470 R. J. Platten Contracting Co., Inc., — Contract No. 68495 — Mall Park Station Parking Lot Improvements (F 1210-09) ...... 1470 Petty Group, LLC — Contract No. 68615 — Roberto Clemente Park Site Improvements (F 1211-09) ...... 1470 Precision Engineering & Contracting Co., Inc. — Contract No. 68850 — Kenneth L. Johnson Recreation Center Water Slide Improvements (F 1212-09) ...... 1470 T & F Systems., Inc. — Contract No. 669933 — Cleveland City Hall Roof Replacement (Phase 2) (F 1213-09)...... 1470

Street — Vacation

Baldwin Road S.E. — vacate a portion — City Planning Commission — Service Department (Ward 06)(O 1054-09) ...... 1474 E. of Warner Rd., & S. of Tioga Ave. — vacate a portion — City Planning Commission — Service Department (Ward 02) (O 1057-09) ...... 1475 East 23rd St., East 25th St., East 25th Pl. and Payne Ct. (N.E.) — intention to vacate a portion — City Planning Commission — Service Department (Ward 13) (R 862-09)...... 1524-1527 East 71st Street — vacate a portion — City Planning Commission — Service Department (Ward 05) (O 1055-09) ...... 1474 Linton Avenue S.E. — intent to vacate a portion — City Planning Commission — Service Department (Ward 12) (R 1059-09) ...... 1487 West 27th Place — vacate a portion — City Planning Commission — Service Department (Ward 13) (O 1056-09) ...... 1474 Woodland Ave. (north) & E. 81St., (West & East) — vacate a portion — City Planning Commission — Service Department (Ward 06) (O 1058-09) ...... 1475

Tremont West Development Corporation

Arts in August Expo Program — agreement (Ward 13 NCF) (O 1117-09) ...... 1492-1575

U.S. Department of Housing and Urban Development (HUD)

Purchase Livingston Park Apartments and sell to LPA & authorizing development agreement (HUD) (O 1065-09) ...... 1478

Union Miles Development Corporation

Banners — various locations — July 12 to Aug. 17 — “Union Miles Community Expo.” — Service Department (Ward 02) (O 1116-09) ...... 1492-1575

Utilities Department

Professional service for analysis of service, rate and fees for water and sewer for the years 2011 through 2015 — Public Improvements (O 753-09) ...... 1521-1553 Water treatment plant residuals, hauling and disposal — Water Division (O 901-09) ...... 1522-1555 1594 August 12, 2009 The City Record 129

Ward 01

Community Bridge Building Program — agreement — William E. Sanders Family Life Center (Ward 01 NEF) (O 1082-09) ...... 1491-1573 Jones, LaTosca B. — congratulations (R 1232-09) ...... 1470 Lee Rd. (south of) & Kollin Ave. — change Use District — City Planning Commission (O 668-09) ...... 1523-1552 Lee Rd., 4071 — new application — liquor permit (F 1186-09) ...... 1469 Miles Ave. & Judson Dr (north side) — change Use District — City Planning Commission (O 667-09) ...... 1523-1551 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 02

Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line ) — grant (O 1053-09)...... 1473 Bolden, Rev. Nathaniel — congratulations (R 1233-09) ...... 1470 Corlett Ave., 12401 — objection to renewal — liquor permit (R 1151-09) ...... 1516-1546 E. of Warner Rd., & S. of Tioga Ave. — vacate a portion — City Planning Commission — Service Department (O 1057-09) ...... 1475 East 86th St. — PPN 133-28-031 — Land Reutilization Program — David G. Moeller (O 1063-09)...... 1477 East 93rd St., 3831 — objection to renewal — liquor permit (R 1105-09) ...... 1505-1534 Harley, Roberta — condolence (R 1218-09) ...... 1470 Miles Ave., 11334 — objection to transfer of ownership — liquor permit(R 1106-09)...... 1505-1534 Miles Ave., 11334 — transfer of ownership application — liquor permit(F 1187-09) ...... 1469 Miles Ave., 11609 — objection to renewal — liquor permit (R 1153-09) ...... 1517-1546 Miles Ave., 9305 — objection to renewal — liquor permit (R 1152-09) ...... 1516-1546 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Union Miles Development Corp. — banners — various locations — July 12 to Aug. 17 — “Union Miles Community Expo.” — Service Department (O 1116-09) ...... 1492-1575

Ward 03

Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528 Bolden, Edward — condolence (R 1222-09) ...... 1470 Bolden, Rev. Nathaniel — congratulations (R 1233-09) ...... 1470 Corlett Ave., 12401 — objection to renewal — liquor permit (R 1151-09) ...... 1516-1546 E. of Warner Rd., & S. of Tioga Ave. — vacate a portion — City Planning Commission — Service Department (O 1057-09) ...... 1475 East 131st St., 4005-07 — objection to renewal — liquor permit (R 1144-09) ...... 1514-1543 East 144th St., 3744 (1st. fl.) — objection to renewal — liquor permit (R 1145-09) ...... 1514-1544 East 86th St. — PPN 133-28-031 — Land Reutilization Program — David G. Moeller (O 1063-09)...... 1477 East 93rd St., 3831 — objection to renewal — liquor permit (R 1105-09) ...... 1505-1534 Harley, Roberta — condolence (R 1218-09) ...... 1470 Kinsman Rd., 12802 (1st fl. & bsmt.) — objection to renewal — liquor permit (R 1163-09) ...... 1518-1547 Kinsman Rd., 14300 (1st fl. & bsmt.) — objection to renewal — liquor permit (R 1146-09) ...... 1514-1544 Miles Ave., 11334 — objection to transfer of ownership — liquor permit (R 1106-09) ...... 1505-1534 Miles Ave., 11334 — transfer of ownership application — liquor permit (F 1187-09) ...... 1469 Miles Ave., 11609 — objection to renewal — liquor permit (R 1153-09) ...... 1517-1546 Miles Ave., 9305 — objection to renewal — liquor permit (R 1152-09) ...... 1516-1546 Sims, Mary — recognition (R 1244-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Union Ave., 10300 — objection to renewal — liquor permit (R 1147-09) ...... 1515-1544 Union Ave., 11401 — new application — liquor permit (F 1188-09) ...... 1469 Union Ave., 12408 — objection to renewal — liquor permit (R 1148-09) ...... 1515-1545 Union Miles Development Corp. — banners — various locations — July 12 to Aug. 17 — “Union Miles Community Expo.” — Service Department (O 1116-09) ...... 1492-1575

Ward 04

Buckeye Rd., 10008 — objection to renewal — liquor permit (R 1135-09) ...... 1511-1541 Buckeye Rd., 11132 — objection to renewal — liquor permit (R 1136-09) ...... 1511-1541 Buckeye Rd., 11501 — transfer of ownership application — liquor permit (F 1189-09) ...... 1469 Buckeye Rd., 8805 — objection to renewal — liquor permit (R 1134-09) ...... 1510-1540 East 116th St., 3019 — objection to renewal — liquor permit (R 1138-09)...... 1512-1542 1595 130 The City Record August 12, 2009

East 93rd St., 3230 — objection to renewal — liquor permit (R 1137-09) ...... 1511-1541 Garrett, James Robert — condolence (R 1216-09) ...... 1470 Kinsman Rd., 9203 — objection to renewal — liquor permit (R 1139-09) ...... 1512-1542 Purchase Livingston Park Apartments and sell to LPA & authorizing development agreement (HUD) (O 1065-09) ...... 1478 The Upshaw Family Reunion — 2009 — recognition (R 1243-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 05

Albeny, Jami — recognition (R 1241-09)...... 1470 Albert “Peg” Scott & The Golden Echols — congratulations (R 1229-09) ...... 1470 Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Broadway Ave., 4643 — objection to renewal — liquor permit (R 1168-09) ...... 1519-1549 Broadway Ave., 5474 — objection to issuance — liquor permit (R 1092-09) ...... 1500-1530 Cedar Ave., 2747 (1st. fl. & bsmt.) — objection to renewal — liquor permit (R 1167-09) ...... 1519-1548 Cedar Ave., 7002 — objection to renewal — liquor permit (R 1129-09) ...... 1509-1539 Cedar Ave., 7002 — withdraw objection to transfer of ownership — repeal Res. 460-09 — liquor permit (R 1174-09) ...... 1521-1550 Central Ave., 3337 — objection to renewal — liquor permit (R 1130-09) ...... 1509-1539 Dolloff Rd., 5351-53 — objection to renewal — liquor permit (R 1131-09) ...... 1509-1539 Dunham Tavern Museum Expansion and Preservation Project (R 1109-09) ...... 1498-1535 East 71st Street — vacate a portion — City Planning Commission — Service Department (O 1055-09) ...... 1474 East 79th St., 3135 — objection to renewal — liquor permit (R 1169-09)...... 1519-1549 East 93rd St., 3363 — objection to renewal — liquor permit (R 1133-09) ...... 1510-1540 Rona R. Carter Scholarship Program — recognition (R 1242-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Woodland Ave., 5611 — transfer of ownership and location application — liquor permit (F 1190-09) ...... 1469

Ward 06

Baldwin Road S.E. — vacate a portion — City Planning Commission — Service Department (O 1054-09) ...... 1474 Coltman Rd., 1931 (1st fl.) — objection to renewal — liquor permit (R 1132-09) ...... 1510-1540 East 100th St. and Cedar Ave. — encroach into right-of-way — electrical / teledata cabling duct banks — Cleveland Clinic Foundation — Service Department (O 1050-09) ...... 1472 Jeffries, Dewey — condolence (R 1220-09)...... 1470 Long, Joann — condolence (R 1221-09)...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Woodhill Ave., 2603 — objection to renewal — liquor permit (R 1161-09) ...... 1517-1547 Woodhill Rd., 2623 (1st fl.) — objection to renewal — liquor permit (R 1104-09)...... 1505-1534 Woodland Ave. (north) & E. 81St., (West & East) — vacate a portion — City Planning Commission — Service Department (O 1058-09) ...... 1475

Ward 07

East 82nd St. — PPN 106-07-077/078/ 079 — Land Reutilization Program — Cleve Covington, Jr. (O 1061-09) ...... 1476 Fatima Fun and Fitness Program — agreement — Catholic Charities Community Services (Ward 7 NEF) (O 1079-09) ...... 1490-1573 Fidelity Baptist Church — banners — East 84th & East 85th and Wade Park — Aug. 1 to Aug. 31 — Annual Bazaar — Service Department (O 1085-09) ...... 1491-1574 League Park Chargers Football Program — agreement — Famicos Foundation (Ward 07 NEF) (O 1176-09) ...... 1497-1580 Superior Ave., 7017-19 (1st & 2nd fl.) — objection to renewal — liquor permit (R 1094-09) ...... 1501-1530 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 08

Mt. Zion Congregational Church — congratulations (R 1230-09) ...... 1470 The Kimble Family Reunion — recognition (R 1236-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 1596 August 12, 2009 The City Record 131

Ward 09

Cimperman, Honorable Joseph — recognition (R 1235-09) ...... 1470 Sheats, Jane B. — recognition (R 1237-09) ...... 1470 Superior Ave., 11139-43 — objection to renewal — liquor permit (R 1171-09) ...... 1520-1550 The Kimble Family Reunion — recognition (R 1236-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 10

East 140th St., 625 — objection to renewal — liquor permit (R 1101-09)...... 1504-1533 East 152nd St., 552 — objection to transfer of ownership — liquor permit (R 1103-09) ...... 1504-1533 Euclid Ave., 18029 — objection to renewal — liquor permit (R 1165-09) ...... 1518-1548 St. Clair Ave., 12515-19 — objection to renewal — liquor permit (R 1166-09)...... 1518-1548 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 11

Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528 Amend Sect. 1 of Ord. No. 737-09 — Scoop on Summer Program — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1080-09) ...... 1490-1573 Beachland Station Post Office (R 1108-09) ...... 1498-1535 Community Information Project — agreement — Neighborhood Leadership Institute (Ward 11 NEF) (O 1081-09) ...... 1490-1573 East 156th St., 383 — objection to renewal — liquor permit (R 1140-09)...... 1512-1542 Lakeshore Blvd., 15609 — objection to issuance — liquor permit (R 1141-09)...... 1513-1542 Lakeshore Blvd., 16826 — objection to transfer of ownership — liquor permit (R 1142-09) ...... 1513-1543 St. Clair Ave., 18506 — objection to renewal — liquor permit (R 1143-09) ...... 1513-1543 Lakeshore Blvd., 15609 — new application — liquor permit (F 1191-09) ...... 1470 Lakeshore Blvd., 16826 — transfer of ownership application — liquor permit (F 1192-09)...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Village Green Elderly II, NRP Holdings, LLC — notification of construction & management of residential rental development — 18221 Euclid Ave. (F 1185-09) ...... 1469 Youth Football and Cheerleading Program — agreement — Sims Raiders Youth Organization Inc. (Ward 11 NEF) (O 1118-09) ...... 1493-1575

Ward 12

Amend Sect. 1 of Ord. No. 947-09 — Summer Music Camp Program — agreement — Slavic Village Dev. Corp. (Ward 12 NCF) (O 1077-09) ...... 1490-1572 Amend Sect. 9 of Ord. No. 687-08 — rehabilitate Broadway Avenue (I-77 to the east corporation line) — grant (O 1053-09) ...... 1473 Broadway Ave., 6410 — new application — liquor permit (F 1193-09) ...... 1470 Broadway Ave., 6410 — objection to issuance — liquor permit (R 1120-09) ...... 1506-1536 East 65th St., 3614 — objection to renewal — liquor permit (R 1121-09)...... 1506-1536 East 71st St., 4233-35 (1st. fl. & bsmt.) — objection to renewal — liquor permit (R 1122-09) ...... 1506-1536 Fleet Ave., 6101 — objection to renewal — liquor permit (R 1123-09) ...... 1507-1537 Kucinich, Frank J. — condolence (R 1214-09) ...... 1470 Linton Avenue S.E. — intent to vacate a portion — City Planning Commission — Service Department (R 1059-09)...... 1487 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Warner Rd., 4324 — objection to renewal — liquor permit (R 1124-09) ...... 1507-1537

Ward 13

Amend Sect(s) 1 & 2 of Ord. No. 774-09 — Holmden Ave. (north & south sides) East of West 14th St. — change Use District — City Planning Commission (O 1067-09) ...... 1487-1570 Arts in August Expo Program — agreement — Tremont West Development Corporation (Ward 13 NCF) (O 1117-09)...... 1492-1575 Casale, Matt — welcome (R 1245-09) ...... 1470 Clark Ave. (south side) — (between W. 13th St. & unnamed alley) — change Use District — City Planning Commission (O 972-09) ...... 1524-1569 Dimarhos, John G. — Temporary Sidewalk Occupancy Permit — 3301 Payne Avenue (O 1110-09) ...... 1492-1574 East 23rd St., East 25th St., East 25th Pl. and Payne Ct. (N.E.) — intention to vacate a portion — City Planning Commission — Service Department (R 862-09) ...... 1524-1527 East 49th St., 1390 — encroach into right-of-way — entrance canopy & two support posts — Ohio Technical College — Service Department (O 1052-09) ...... 1473 1597 132 The City Record August 12, 2009

East 53rd St. — encroach into right-of-way — parking area — Lakeside Commerce, LLC — Service Department (O 1051-09) ...... 1473 Elm St., 2325 — objection to renewal — liquor permit (R 1089-09) ...... 1500-1529 Euclid Ave., 1228 — new application — liquor permit (F 1195-09)...... 1470 Greenky, Ross — welcome (R 1246-09) ...... 1470 Kucinich, Frank J. — condolence (R 1214-09) ...... 1470 Merwin St. & (west) Columbus Rd. — Change the Use District — General Industry District to a General Retail Business District — City Planning Commission (O 1111-09)...... 1483 Old River Rd., 1204 (mezzanine & patios) — objection to renewal — liquor permit (R 1125-09)...... 1507-1537 Prospect Ave., 618 (2nd fl. only) — objection to renewal — liquor permit (R 1126-09) ...... 1508-1538 Purchase property at 2227 Payne Avenue and convey to EDEN, Inc. (O 1064-09)...... 1477 RHAPSODY Summer Arts Camp — agreement — Progressive Arts Alliance (Ward 13 NEF) (O 1078-09) ...... 1490-1573 Rotary Club of Cleveland & Community Service Committee — recognition (R 1240-09)...... 1470 Schachter, Dr. Lifsa — congratulations (R 1227-09)...... 1470 Schneider, Mitchell C. — congratulations (R 1228-09) ...... 1470 Stewart, Timothy — peddling (O 1164-09) ...... 1497-1580 Superior Ave. & East 36th St. — encroach into right-of-way — 15 banners attached to CPP & First Energy utility poles — Friends of E Prep Schools — Service Dept. (O 1162-09) ...... 1496-1579 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Wallick, Adam — welcome (R 1247-09) ...... 1470 West 14th St., 3146 — objection to renewal — liquor permit (R 1090-09) ...... 1500-1529 West 25th St., 1616 — objection to renewal — liquor permit (R 1128-09) ...... 1508-1538 West 25th St., 1872 (1st.fl. & Bsmt.) — transfer of ownership application — liquor permit (F 1196-09) ...... 1470 West 25th St., 2132 (1st. fl.) — objection to renewal — liquor permit (R 1091-09) ...... 1500-1529 West 27th Place — vacate a portion — City Planning Commission — Service Department (O 1056-09) ...... 1474 West 6th St., 2132 (1st. & 2nd fl., bsmt. & patio) — stock transfer application — liquor permit (F 1194-09) ...... 1470 West 9th St., 1382 (Suite 100 & patio & 1st fl.) — objection to renewal — liquor permit (R 1127-09)...... 1508-1538 Williams, John C. — recognition (R 1239-09)...... 1470

Ward 14

Bailey Ave. — PPN 007-07-066 — Land Reutilization Program — Juan A. Munoz (O 1062-09) ...... 1476 Clark Ave., 3226 — objection to renewal — liquor permit (R 1149-09) ...... 1515-1545 Clark Ave., 3415 — new application — liquor permit (F 1197-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 West 25th St., 2030-32 (1st. & 2nd Fls.) — stock transfer application — liquor permit (F 1198-09) ...... 1470 West 44th St., 3382 — objection to renewal — liquor permit (R 1150-09) ...... 1516-1545

Ward 15

Broadview Rd., 2145 — withdraw objection to transfer of ownership — repeal Res. 793-09 — liquor permit (R 1093-09) ...... 1501-1530 Broadview Rd., 3314 (1st fl. & bsmt.) — objection to renewal — liquor permit (R 1170-09) ...... 1520-1549 State Rd., 4265 — new application — liquor permit (F 1199-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Thomas, Janet — congratulations (R 1231-09) ...... 1470

Ward 16

Broadview Rd., 4450-52 — objection to renewal — liquor permit (R 1095-09) ...... 1501-1531 Denison Ave., 6501 — objection to renewal — liquor permit (R 1096-09) ...... 1502-1531 Memphis Ave., 5714 — objection to transfer of ownership — liquor permit (R 1097-09) ...... 1502-1531 Memphis Ave., 5741 — transfer of ownership application — liquor permit (F 1200-09)...... 1470 Our Lady of Good Counsel Church, School, Rectory, Convent, and Hall — designate as landmark — City Planning Commission (O 907-09) ...... 1522-1556 State Rd., 4380 — objection to issuance — liquor permit (R 1098-09) ...... 1503-1532 State Rd., 4693 — objection to renewal — liquor permit (R 1099-09)...... 1503-1532 State Rd., 4716 — objection to renewal — liquor permit (R 1100-09)...... 1503-1532 Trivissano, Linda — condolence (R 1223-09) ...... 1470 1598 August 12, 2009 The City Record 133

Ward 17

Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528 Bridge Ave. (northeast corner) & W. 58th St. — Change the Use District — Open Space and Recreation District — City Planning Commission (O 1113-09) ...... 1485 Clinton Ave. (northeast corner) & W. 65th St. — Change the Use District — Open Space and Recreation District — City Planning Commission (O 1114-09) ...... 1486 Madison Ave., 8309 (1st & 2nd fls.) — objection to renewal — liquor permit (R 1172-09) ...... 1520-1550 Trivissano, Linda — condolence (R 1223-09) ...... 1470 West 57th Street (southwest corner) & Ithaca Court — Change the Use District — Two Family Residential to Urban Garden District — City Planning Commission (O 1112-09) ...... 1484

Ward 18

Appoint assessment board for E. 151st St., Melville Rd., W. 61st St., W. 64th St. & W. 90 St. — sidewalks, driveway aprons, curbs, castings and landscaping (R 1074-09)...... 1497-1528 Fabrizi, — Sgt. 1st Class Jason J. — condolence (R 1219-09) ...... 1470 Furnace Repair Program — agreement — Community Housing Solutions (Ward 18 NCF) (O 1119-09) ...... 1493-1576 Park Arts Program — agreement — Park Works (Ward 18 NCF) (O 1177-09)...... 1497-1580 Trivissano, Linda — condolence (R 1223-09) ...... 1470

Ward 19

Amend Sect(s) 1,2,3,4,5 & 6 of Ord. No. 556-09 — Bellaire Rd. (between Hirst Avenue and West 130th St) — change the zoning — City Planning Commission (O 1069-09) ...... 1479 Amend title & Sect. 1 of Ord. No. 945-09 — Variety Theatre Restoration Project — agreement — The Friends of the Historic Variety Theatre (Ward 19 NEF) (O 1175-09) ...... 1497-1580 Hawkins, Grace — recognition (R 1238-09) ...... 1470 Lakewood Hts. Blvd., 13525 — objection to renewal — liquor permits (R 1086-09) ...... 1499-1528 Lorain Ave., 10202 — withdraw objection to transfer of ownership — repeal Res. 929-09 — liquor permit (R 1087-09) ...... 1499-1528 Lorain Ave., 11633 (patio) — transfer of ownership application — liquor permit (F 1201-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 West 117th St., 3065 — withdraw objection to transfer of ownership — repeal Res. 930-09 — liquor permit (R 1088-09) ...... 1499-1529 West 130th St., 4281 — objection to issuance — liquor permit (R 1102-09)...... 1504-1533 Westown Community Development Corp. — banners — Terminal Ave. & West 130th St. — Aug. 1 to Aug. 31 — Westpark Community Celebration — Service Department (O 1115-09) ...... 1492-1575

Ward 20

Amend Sect. 2 of Ord. No. 801-09 — Garfield Elementary School Mural Program — agreement — Young Audiences of Northeast Ohio, Inc., (Ward(s) 20 & 21 NEF) (O 1083-09) ...... 1491-1574 Cimperman, Honorable Joseph — recognition (R 1235-09) ...... 1470 Donlon, William Thompson — condolence (R 1217-09) ...... 1470 Hasan, Detective Sahir K. — congratulations (R 1224-09) ...... 1470 Kucinich, Frank J. — condolence (R 1214-09) ...... 1470 Larry, Jr., Sergeant Wilmore — congratulations (R 1225-09)...... 1470 Lorain Ave., 13712 — new application — liquor permit (F 1203-09)...... 1470 Lorain Ave., 13712 — objection to issuance — liquor permit (R 1154-09) ...... 1517-1547 McBee, Queen Esther — condolence (R 1215-09)...... 1470 Morton’s The Steakhouse — recognition (R 1234-09) ...... 1470 Puritas Ave., 14302 — transfer of ownership application — liquor permit (F 1204-09) ...... 1470 Riverside Dr., 5300 — additional class application — liquor permit (F 1205-09) ...... 1470 Trivissano, Linda — condolence (R 1223-09) ...... 1470 West 130th St., 4281 — new application — liquor permit (F 1202-09) ...... 1470 Wilder, Dominic Wayne — congratulations (R 1226-09) ...... 1470 1599 134 The City Record August 12, 2009

Ward 21

Amend Sect. 2 of Ord. No. 801-09 — Garfield Elementary School Mural Program — agreement — Young Audiences of Northeast Ohio, Inc., (Ward(s) 20 & 21 NEF) (O 1083-09) ...... 1491-1574 Donlon, William Thompson — condolence (R 1217-09) ...... 1470 Lorain Ave., 14910 — objection to renewal — liquor permit (R 1173-09) ...... 1521-1550 Lorain Ave., 16803 — new application — liquor permit (F 1206-09)...... 1470 Rocky River Dr., 4361-63 — transfer of ownership and location application — liquor permit (F 1208-09) ...... 1470 St. Patrick Church, School, Cemetery & Accessory Bldg. (St. Patrick West Park) — designate as landmark — City Planning Commission (O 1068-09) ...... 1487-1570 Trivissano, Linda — condolence (R 1223-09) ...... 1470 Warren Rd., 3356 — transfer of ownership application — liquor permit (F 1207-09) ...... 1470

Water Division of the Department of Public Utilities

Utilities Dept. — professional service for analysis of service, rate and fees for water and sewer for the years 2011 through 2015 — Public Improvements (O 753-09) ...... 1521-1553 Utilities Dept. — contracts — labor & materials repair or replace HVAC (O 900-09) ...... 1522-1554 Water treatment plant residuals, hauling and disposal (O 901-09)...... 1522-1555

Water Pollution Control Division

Utilities Dept. — professional service for analysis of service, rate and fees for water and sewer for the years 2011 through 2015 — Public Improvements (O 753-09) ...... 1521-1553 Utilities Dept. — contracts — labor & materials repair or replace HVAC (O 900-09) ...... 1522-1554

Welcome Resolutions

Casale, Matt (R 1245-09) ...... 1470 Greenky, Ross (R 1246-09)...... 1470 Wallick, Adam (R 1247-09) ...... 1470

Zoning

Amend Sect(s) 1 & 2 of Ord. No. 774-09 — Holmden Ave. (north & south sides) East of West 14th St. — change Use District — City Planning Commission (Ward 13) (O 1067-09) ...... 1487-1570 Amend Sect(s) 1,2,3,4,5 & 6 of Ord. No. 556-09 — Bellaire Rd. (between Hirst Avenue and West 130th St) — City Planning Commission (Ward 19) (O 1069-09) ...... 1479 Bridge Ave. (northeast corner) & W. 58th St. — Change the Use District — Open Space and Recreation District — City Planning Commission (Ward 17) (O 1113-09) ...... 1485 Clark Ave. (south side) — (between W. 13th St. & unnamed alley) — change Use District — City Planning Commission (Ward 13) (O 972-09) ...... 1524-1569 Clinton Ave. (northeast corner) & W. 65th St. — Change the Use District — Open Space and Recreation District — City Planning Commission (Ward 17) (O 1114-09) ...... 1486 Lee Rd. (south of) & Kollin Ave. — change Use District — City Planning Commission (Ward 01) (O 668-09) ...... 1523-1552 Merwin St. & (west) Columbus Rd. — Change the Use District — General Industry District to a General Retail Business District — City Planning Commission (Ward 13) (O 1111-09) ...... 1483 Miles Ave. & Judson Dr (north side) — change Use District — City Planning Commission (Ward 01) (O 667-09) ...... 1523-1551 West 57th Street (southwest corner) & Ithaca Court — Change the Use District — Two Family Residential to Urban Garden District — City Planning Commission (Ward 17) (O 1112-09) ...... 1484 1600 August 12, 2009 The City Record 135

PPPP 136 The City Record August 12, 2009

PPPP August 12, 2009 The City Record 137

PPPP 138 The City Record August 12, 2009

PPPP August 12, 2009 The City Record 139

PPPP 140 The City Record August 12, 2009

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