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

June the Fifth, Two Thousand and Nineteen

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor

Kevin J. Kelley President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 44 Board of Control 44 Ward Name Civil Service 50 1 Joseph T. Jones Board of Zoning Appeals 50 2 Kevin L. Bishop Board of Building Standards 3 Kerry McCormack and Building Appeals 52 4 Kenneth L. Johnson, Sr. Public Notice 54 5 Phyllis E. Cleveland Public Hearings 54 6 Blaine A. Griffin City of Cleveland Bids 54 7 Basheer S. Jones Adopted Resolutions and Ordinances 56 8 Michael D. Polensek Committee Meetings 56 9 Kevin Conwell Index 56 10 Anthony T. Hairston 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Jasmin Santana 15 Matt Zone 16 Brian Kazy 17 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS

CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230 President of Council – Kevin J. Kelley DIVISIONS: Animal Control Services – John Baird, Interim Chief Animal Control Officer, 2690 West 7th Ward Name Residence Street 1 Joseph T. Jones...... 4691 East 177th Street 44128 Correction – David Carroll, Interim Commissioner, Cleveland House of Corrections, 4041 Northfield 2 Kevin L. Bishop...... 11729 Miles Avenue, #5 44105 Rd. 3 Kerry McCormack...... 1769 West 31st Place 44113 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 4 Kenneth L. Johnson, Sr...... 2948 Hampton Road 44120 Fire – Angelo Calvillo, Chief, 1645 Superior Avenue 5 Phyllis E. Cleveland...... 2369 East 36th Street 44115 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 6 Blaine A. Griffin...... 1810 Larchmere Boulevard 44120 DEPT. OF COMMUNITY DEVELOPMENT – Tania Menesse, Director 7 Basheer S. Jones...... 1383 East 94th Street 44106 DIVISIONS: 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Administrative Services – Joy Anderson, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 10 Anthony T. Hairston ...... 423 Arbor Road 44108 Neighborhood Development –James Greene, Commissioner 11 Dona Brady ...... 1272 44102 Neighborhood Services – Louise V. Jackson, Commissioner 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Director, Room 500 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DIVISIONS: 14 Jasmin Santana...... 3535 Marvin Avenue 44109 Code Enforcement – Thomas E. Vanover, Commissioner 15 Matt Zone...... 1228 West 69th Street 44102 Construction Permitting – Narid Hussain, Commissioner 16 Brian Kazy ...... 4300 West 143rd Street 44135 17 Martin J. Keane...... 15907 Colletta Lane 44111 DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Director, Room 210 MAYOR – Frank G. Jackson DEPT. OF AGING – Mary McNamara, Director, Room 122 Sharon Dumas, Interim Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer COMMUNITY RELATIONS BOARD – Room 11, Grady Stevenson, Director, Mayor Frank Valarie J. McCall, Executive Assistant to the Mayor, Chief of Communications Government G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir & International Affairs Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Santana, Peter Whitt, Ted Wammes. Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; Michael Flickinger, Vice-President; Michael Spreng, Secretary; Members: Daniel J. Brennan, Tracy Martin-Thompson, Executive Assistant to the Mayor, Chief of Prevention, Intervention India Pierce Lee. and Opportunity for Youth and Young Adults SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director DIVISIONS: J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Architecture and Site Development – Carter Edman, Manager BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Engineering and Construction — Richard J. Switalski, Manager Henry Bailey, Myrline Barnes, Kelley Britt, Tim Donovan, Elizabeth Kukla, Secretary. Real Estate — James DeRosa, Commissioner BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra Sullivan. T. Pierce-Scott, Director BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. Ronda G. Curtis, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, Law Victor R. Perez, Chief Assistant Prosecutor, Room 106: John Skrtic, Law Librarian, Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. Natasha Brandt, Manager, Internal Audit DIVISIONS: CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Kerry McCormack, Accounts – Lonya Moss Walker, Commissioner, Room 19 Diane Downing, August Fluker, Charles Slife. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 City Treasury – James Hartley, Treasurer, Room 115 FAIR HOUSING BOARD – ______, Chair; Genesis O. Brown, Daniel Conway, Financial Reporting and Control – James Gentile, Controller, Room 18 Robert L. Render. Information Technology and Services – Kimberly Roy-Wilson, HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Commissioner, 205 W. St. Clair Avenue Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Purchases and Supplies – Tiffany White, Commissioner, Room 128 David Perkowski, Joan Shaver Washington, Keith Sutton. Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue Clint Martin, Mark Rivera. DEPT. OF PUBLIC UTILITIES – Robert L. Davis, Director, 1201 Lakeside Avenue MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; DIVISIONS: Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Cleveland Public Power – Ivan Henderson, Commissioner Kevin Kelley. Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer CLEVELAND LANDMARKS COMMISSION – Room 519 – Julie Trott, Chair; Giancarlo Water – Alex Margevicius, Commissioner Calicchia, Vice Chair; Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Robert Water Pollution Control – Rachid Zoghaib, Commissioner Strickland, Donald Petit, Secretary, Council Member Basheer S. Jones, Matthew L. DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Spronz; Michele Anderson, Stephen Harrison, Raymond Tarasuck, Jr. Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Burke Lakefront Airport – Khalid Bahhur, Commissioner Langhenry. Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, CLEVELAND MUNICIPAL COURT Commissioner JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC WORKS – Michael Cox, Director OFFICES: JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Administration – John Laird, Manager Presiding and Administrative Judge Michelle D. Earley 14-C Special Events and Marketing – Tangee Johnson, Manager Judge Pinkey S. Carr 15-C DIVISIONS: Judge Marilyn B. Cassidy 13-A Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Judge Emanuella Groves 14-B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Lauren C. Moore 15-A Parking Facilities – Kim Johnson, Interim Commissioner Judge Michael L. Nelson, Sr. 12-A Property Management – Tom Nagle, Commissioner Judge Ann Clare Oakar 14-A Recreation – Samuel Gissentaner, Interim Commissioner Judge Ronald J.H. O’Leary (Housing Court Judge) 13-B Streets – Frank D. Williams, Interim Commissioner Judge Charles L. Patton, Jr. 13-D Traffic Engineering – Robert Mavec, Commissioner Judge Suzan M. Sweeney 12-C Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Jazmin Torres-Lugo 13-C DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza Judge Shiela Turner McCall 12-B DIVISIONS: Judge Joseph J. Zone 14-D Air Quality – David Hearne, Interim Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Timothy Environment – Brian Kimball, Commissioner, 75 Erieview Plaza Lubbe – Housing Court Administrator, Robert J. Furda – Chief Bailiff; Dean Jenkins – Chief Health – Persis Sosiak, Commissioner, 75 Erieview Plaza Probation Officer, Gregory F. Clifford – Chief Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 106 WEDNESDAY, JUNE 5, 2019 No. 5504 CITY COUNCIL MONDAY, JUNE 3, 2019

The City Record The following Committees meet at COMMUNICATIONS Published weekly by the City Clerk, the Call of the Chair: Clerk of Council under authority File No. 692-2019. of the Charter of the Mayor’s Appointments Committee: From Rachel Loewy, Deputy Kazy (CHAIR), Brady, Brancatelli, City of Cleveland Director of Modernization and Cleveland, Kelley. Development, Western Reserve The City Record is available Revitalization and Management online at Operations Committee: McCormack Company. Notice of intent to apply www.clevelandcitycouncil.org (CHAIR), Griffin, Keane, Kelley, to Housing Finance Agency for Address all communications to Zone. multifamily funding programs for PATRICIA J. BRITT the development known as River- Rules Committee: Kelley City Clerk, Clerk of Council side Park Phase III, 17800 Park- (CHAIR), Cleveland, Hairston, 216 City Hall mount Avenue, Cleveland, Ohio. Keane, Polensek. Received.

PERMANENT SCHEDULE File No. 693-2019. STANDING COMMITTEES OFFICIAL PROCEEDINGS From Director Michael McGrath, CITY COUNCIL Department of Public Safety, City of OF THE COUNCIL Cleveland. Notice of acceptance of a ______2018-2021 grant of $5,000 from University Hos- pitals for OVI Task Force. Received. Cleveland, Ohio MONDAY — Alternating June 3, 2019 FROM OHIO DIVISION OF The meeting of the Council was 9:30 A.M. — Health and Human LIQUOR CONTROL Services Committee: Griffin called to order at 7:02 p.m. with the President of Council, Kevin J. Kel- (CHAIR), McCormack (VICE- File No. 694-2019. ley, in the Chair. CHAIR), Conwell, B. Jones, Hair- RE: #58708380010. Transfer of ston, Santana, Zone. Ownership Application, D1 D2. Metro Council Members present: Kevin Food and Beverage, Inc., 3203 West L. Bishop, Dona Brady, Anthony 9:30 A.M. — Municipal Services 25th St. (Ward 14). Received. and Properties Committee: K. John- Brancatelli, Phyllis E. Cleveland, Kevin Conwell, Blaine A. Griffin, son (CHAIR), Brady (VICE- File No. 695-2019. CHAIR), Bishop, Brancatelli, Kenneth L. Johnson, Basheer S. RE: #0000676. Economic Develop- Hairston, J. Jones, Kazy. Jones, Joseph T. Jones, Brian Kazy, ment Transfer Application, D5 D6. A Kevin J. Kelley, Martin J. Keane, MONDAY Bar LLC, 15609-15813 Lorain Ave. Kerry McCormack, Michael D. (Ward 17). Received. Polensek, Jasmin Santana, and Matt 2:00 P.M. — Finance Committee: Zone. File No. 696-2019. Kelley (CHAIR), Zone (VICE- Also present were: Mayor Frank CHAIR), Brady, Brancatelli, Cleve- RE: #14374151125. New License G. Jackson, Interim Chief of Application, D1. Chipotle Mexican land, Conwell, Griffin, Keane, Staff/Director Sharon Dumas, Chief McCormack. Grill of Colorado LLC, 11638 Clifton Operating Officer Darnell Brown, Blvd. (Ward 15). Received. Chief of Communications, Govern- TUESDAY ment & International Affairs Valar- File No. 697-2019. 9:30 A.M. — Development, Plan- ie J. McCall, Chief of Regional RE: #1391398. Stock Application, ning and Sustainability Committee: Development Edward W. Rybka, C1. Channel Park Marina, Inc., 5300 Brancatelli (CHAIR), Cleveland Chief of Education Monyka S. Price, Whiskey Island Dr. (Ward 15). (VICE-CHAIR), Bishop, Hairston, B. Media Relations Director Dan Received. Jones, Keane, McCormack. Williams, Chief of Sustainability Matt Gray, Chief of Public Affairs CONDOLENCE RESOLUTIONS TUESDAY — Alternating Natoya Walker-Minor, Chief of Pre- vention, Intervention and Opportuni- The rules were suspended and the 1:30 P.M. — Utilities Committee: ty for Youth and Young Adults following Resolutions were adopted Keane (CHAIR), Kazy (VICE- Tracy Martin-Thompson, and Direc- by a rising vote: CHAIR), Bishop, Hairston, McCor- tors Davis, Kennedy, Spronz, Gor- mack, Polensek, Santana. don, McGrath, Cox, Menesse, Blue Res. No. 756-2019 — Carol Tyler. Donald, Ebersole, Stevenson, Collier, Res. No. 757-2019 — Roosevelt 1:30 P.M. — Workforce and Com- Spreng, Burrows and Pierce Scott. munity Benefits Committee: Bishop Robinson, Jr. Res. No. 758-2019 — Leslie Farley (CHAIR), Cleveland (VICE-CHAIR), MOTION Brady, Griffin, B. Jones, J. Jones, Ferguson. Kazy. Res. No. 759-2019 — Melvin Cham- Council Members, Administration, bers.. Staff, and those in the audience rose WEDNESDAY — Alternating Res. No. 760-2019 — John Oscar for a moment of silent reflection, Poole II. 10:00 A.M. — Safety Committee: and the Pledge of Allegiance. Res. No. 761-2019 — Ethel Pauley. Zone (CHAIR), Polensek (VICE- Res. No. 762-2019 — Imir Williams. CHAIR), Griffin, Kazy, B. Jones, J. MOTION Res. No. 763-2019 — Victims of the Jones, Santana. Virginia Beach shooting. On the motion of Council Member Res. No. 764-2019 — Sharon Novak. 10:00 A.M. — Transportation Com- Santana, the reading of the minutes Res. No. 765-2019 — Donald Slog- mittee: Cleveland (CHAIR), Keane of the last meeting was dispensed ar. (VICE-CHAIR), Bishop, Conwell, with and the journal approved. Sec- Res. No. 766-2019 — Agnes Slomin- Johnson, J. Jones, Santana. onded by Council Member Bishop. sky. 909 4 The City Record June 5, 2019

CONGRATULATIONS RESOLUTIONS Thence North 30°28'45" West, Thence South 55°43'14" West a along the centerline of said West distance of 96.83 feet to a point; The rules were suspended and the 25th Street, a distance of 142.71 feet Thence South 34°31'16" West a following Resolutions were adopted to a point; distance of 118.43 feet to a point; without objection: Thence North 59°31'15" East a dis- Thence South 59°41'52" West a tance of 30.00 feet to the northeast- distance of 276.09 feet to the princi- Res. No. 767-2019 — Father Robert erly line of said West 25th Street pal place of beginning and contain- J. Jasany. and the Principal Place of Begin- ing 13,818 square feet (0.3172 acres) Res. No. 768-2019 — Dr. Kevin Har- ning of land herein described; of land, be the same more or less ris, Sr. Thence North 30°28'45" West, but subject to all legal highways; Res. No. 769-2019 — Tyrone C. along the northeasterly line of said Bearings are to an assumed merid- McBee. West 25th Street, a distance of 87.83 ian and are used to denote angles Res. No. 770-2019 — Diana feet to the southeasterly line of Ver- only. Cyganovich. mont Ave., 33 feet wide; Legal Description approved by Thence North 59°26'52" East, Greg Esber, Section Chief, Plats, RECOGNITION RESOLUTIONS along the southeasterly line of said Surveys and House Numbering Sec- Vermont Ave., a distance of 229.00 tion. The rules were suspended and the feet to a point; Section 2. That the cost of the following Resolutions were adopted Thence South 30°28'45" East a dis- acquiring, accepting, and recording without objection: tance of 6.20 feet; the easement rights shall be $1.00 Thence South 39°50'15" West a and other valuable consideration Res. No. 771-2019 — East Side Mar- distance of 30.96 feet; which is determined to be fair mar- ket value or the amount of the jury ket. Thence South 59°51'30" West a Res. No. 772-2019 — Cuyahoga verdict in the event eminent domain distance of 157.83 feet to a point of is needed to acquire the easement County Soldiers’ & Sailors’ Monu- curve; ment – 125th Anniversary. interests in and to the premises. The Thence along a curve deflection to purchase price, appraisal, title, the left, an arc distance of 41.45 feet. APPRECIATION RESOLUTION escrow, and all other costs incurred Said curve having a delta of in acquiring and recording the ease- 94°59'54", a radius of 25.00 feet and The rules were suspended and the ment interests shall be paid from a chord that bears South 12°21'33" the fund or funds deemed appropri- following Resolution was adopted West, 36.86 feet; ate by the Director of Finance. without objection: Thence South 35°08'24" East a dis- Section 3. That the Director of Capital Projects is authorized to Res. No. 773-2019 — Marsha tance of 38.34 feet; execute any documents on behalf of Dobrzynski. Thence South 39°50'15" West a distance of 21.32 feet to the north- the City of Cleveland necessary to east line of said West 25th Street effect the purposes of this ordi- FIRST READING EMERGENCY nance. ORDINANCES REFERRED and the principal place of beginning and containing 4,880 square feet Section 4. That this ordinance is declared to be an emergency mea- (0.1120 acres) of land, be the same Ord. No. 698-2019. sure and, provided it receives the By Council Member McCormack. more or less but subject to all legal affirmative vote of two-thirds of all An emergency ordinance authoriz- highways; the members elected to Council, it ing the acquisition and recording of Bearings are to an assumed merid- shall take effect and be in force certain easement interests from the ian and are used to denote angles immediately upon its passage and Cuyahoga County Department of only. approval by the Mayor; otherwise it Public Works that encroach into shall take effect and be in force existing County public improve- SH-2 from and after the earliest period ments on Vermont Avenue, West LEGAL DESCRIPTION FOR A allowed by law. 25th Street, and Detroit Avenue, for STANDARD HIGHWAY EASEMENT Referred to Directors of Capital the Office of Capital Projects. ALONG WEST 25th STREET AND Projects, City Planning Commission, Whereas, this ordinance consti- DETROIT AVENUE Finance, Law; Committees on Munic- tutes an emergency measure provid- Situated in the City of Cleveland, ipal Services and Properties, Devel- ing for the usual daily operation of County of Cuyahoga and State of opment Planning and Sustainability. a municipal department; now, there- Ohio and being part of Original fore, Brooklyn Township Lot No. 70, Ord. No. 699-2019. Be it ordained by the Council of bounded and described as follows: By Council Members Polensek, the City of Cleveland: Beginning at an Iron Pin Monu- Johnson, Brancatelli and Kelley (by Section 1. That notwithstanding ment found at the intersection of departmental request). An emergency ordinance authoriz- and as an exception to the Codified West 25th Street, 60 feet wide, and Ordinances of Cleveland, Ohio, 1976, ing the Director of Capital Projects Detroit Avenue, 66 feet wide. the Commissioner of Purchases and to enter into an agreement or agree- Thence North 59°41'52" East, Supplies is authorized to acquire, ments with the City of Euclid for along the centerline of said Detroit accept, and record certain easement the City of Euclid to design and Avenue, a distance of 76.16 feet to a rights from Cuyahoga County make the public improvement of Department of Public Works that point; rehabilitating East 185th Street from encroach into existing County pub- Thence North 30°03'48" West a Pawnee Avenue to ; to lic improvements on Vermont distance of 33.00 feet to the inter- apply for and accept any gifts or Avenue, West 25th Street, and section of the northwesterly line of grants for this purpose from any Detroit Avenue, for the Office of said Detroit Avenue and the north- public or private entity; authorizing Capital Projects, in and to the easterly line of said West 25th and any other relative agreements, premises more particularly Street and being the Principal Place authorizing the acquisition of any described as follows: of Beginning of land herein real property and easements neces- described; sary to make the improvement; and PARCEL 1-SH Thence North 30°28'45" West, cause payment for the City’s share. LEGAL DESCRIPTION FOR A along the northeasterly line of said Whereas, this ordinance consti- STANDARD HIGHWAY EASEMENT West 25th Street, a distance of 36.80 tutes an emergency measure provid- ALONG WEST 25th STREET AND feet to a point of curvature; ing for the usual daily operation of VERMONT AVENUE IN THE Thence along a curve deflection to a municipal department; now, there- FOLLOWING DESCRIBED the left, an arc distance of 9.66 feet. fore, PROPERTY WITHOUT Said curve having a delta of Be it ordained by the Council of LIMITATION OF EXISTING 18°27'26", a radius of 30.00 feet and the City of Cleveland: ACCESS RIGHTS a chord that bears North 68°42'36" Section 1. That the Director of Situated in the City of Cleveland, East, 9.62 feet; Capital Projects is authorized on County of Cuyahoga and State of Thence North 59°28'53" East a dis- behalf of the City of Cleveland Ohio and being part of Original tance of 251.10 feet to a point; (“Cleveland”) to enter into an agree- Brooklyn Township Lot No. 70, Thence North 47°40'27" East a dis- ment or agreements with the City of bounded and described as follows: tance of 125.81 feet to a point; Euclid (“Euclid”), to allow Euclid to Beginning at an Iron Pin Monu- Thence North 55°43'14" East a dis- design and to make the public ment found at the intersection of tance of 95.27 feet to a point; improvement of rehabilitating East West 25th Street, 60 feet wide, and Thence South 35°12'07" East a dis- 185th from Pawnee Avenue to Lake Detroit Avenue, 66 feet wide. tance of 12.00 feet to a point; Erie which is located in the Cities 910 June 5, 2019 The City Record 5 of Cleveland and Euclid (the Section 10. That the Director of Whereas, this ordinance consti- “Improvement”). The Improvement Capital Projects is authorized to tutes an emergency measure provid- shall be constructed under plans, execute on behalf of the City all ing for the usual daily operation of specifications, and estimates documents necessary to acquire, a municipal department; now, there- approved by the Cities of Cleveland accept, and record the property and fore, and Euclid. The design, construc- easements and to employ and pay Be it ordained by the Council of tion, and supervision of the Improve- all fees for title companies, surveys, the City of Cleveland: ment will be arranged by Euclid. escrows, appraisers, and all other Section 1. That it is declared to be Section 2. That Cleveland agrees costs necessary for the acquisition in the public interest that the con- to participate with Euclid in the of the property and easements. sent of the City of Cleveland is cost of the Improvement by con- Section 11. That the Director of given to the Director of Trans- tributing approximately forty-seven Capital Projects, when necessary, is portation of the State of Ohio (“the and one-half percent (47.5%) of the authorized to cause payment to any State”) to construct the following total design and construction, which railroad, the improvement under plans, specifica- is estimated to be $1,670,930 for Regional Transit Authority, and tions, and estimates approved by the Cleveland’s share of the Improve- other entities for payment of any State: rehabilitating constructing ment. The amount of Federal, Coun- services which were necessary to the complete streets project to ty and other construction leverage construct the Improvement. enable safe access for all users financing will be deducted from the Section 12. That the Director of which includes roadway enhance- ments, bicycle and pedestrian designated projected costs prior to Capital Projects is authorized to enhancements, and transit enhance- the application of the participatory enter into any agreements necessary ments along the East 93rd percentages and amount of work to implement the Improvement. Street/Woodhill Road/East 105th calculated in each City. Section 13. That this Council Street corridor in the City of Cleve- Section 3. That Cleveland gives authorizes payment to Euclid of the City’s share of the Improvement. land, PID No. 108245 (the “Improve- consent to Euclid to apply for and ment”). accept Ohio Public Works Commis- Section 14. That the Clerk of Coun- cil is authorized and directed to Section 2. That the City is to sion Issue 1 funds to partially assume and contribute the entire finance the Improvement. transmit to the State three (3) cer- tified copies of this ordinance imme- cost and expense of the Improve- Section 4. That this Council ment, less the amount of Federal requests Euclid to proceed with the diately on its taking effect, and it shall become the basis for proceed- funds set aside by the Director of Improvement. Transportation for the cost of pre- Section 5. That the Director of ing with the Improvement. Section 15. That the costs of this liminary engineering and detail Capital Projects is authorized to design. The City agrees to assume ordinance shall be paid from Fund apply for and accept any gifts or and bear one hundred percent Nos. 20 SF 520, 20 SF 528, 20 SF 534, grants for this purpose from any (100%) of the cost of right-of-way. 20 SF 540, 20 SF 546, 20 SF 554, 20 public or private entity; and that the The City agrees to assume and con- SF 563, 20 SF 568, 20 SF 574, 20 SF Director is authorized to file all tribute the entire cost and expense 579, 20 SF 586, from the fund or papers and execute all documents of the Improvement less the amount funds to which are credited any pro- necessary to receive the funds under of Federal-aid funds set aside by the ceeds from the sale of bonds autho- the grant or grants; and that the Director of Transportation for the rized by Ordinance No. 510-2019, funds are appropriated for the pur- financing of this Improvement from passed April 29, 2019, the fund or poses described in this ordinance. funds allocated by the Federal funds to which are credited any gift Highway Administration, United Section 6. That, when appropriate, or grant proceeds accepted under the Director of Capital Projects is States Department of Transporta- this ordinance, cash matches, cash tion. The City agrees to assume and authorized to enter into one or more contributions accepted and appropri- contracts with the railroads, Greater contribute one hundred percent ated under this ordinance, and from (100%) of the cost of any items Cleveland Regional Transit Author- any and all funds approved by the ity, the Regional included in the construction contract Director of Finance. (RQS 0103, RLA at the request of the City, which are Sewer District and other entities to 2019-43) obtain services or to acquire prop- determined by the State not eligible Section 16. That this ordinance is or made necessary by the Improve- erty rights such as easements and declared to be an emergency mea- ment. The City further agrees that licenses, necessary to construct the sure and, provided it receives the change orders and extra work con- Improvement described in this ordi- affirmative vote of two-thirds of all tracts required to fulfill the con- nance. the members elected to Council, it struction contracts shall be Section 7. That the Director of shall take effect and be in force processed as needed. The State shall Capital Projects is authorized to immediately upon its passage and not approve a change order or extra accept cash contributions from pub- approval by the Mayor; otherwise it work contract until it first gives lic or private entities, for infra- shall take effect and be in force notice, in writing, to the City. The structure restoration costs from and after the earliest period City shall contribute its share of the associated with relocating, rehabili- allowed by law. cost of these items in accordance tating or reconstructing utility Referred to Directors of Capital with other sections herein. infrastructure for the Improvement. Projects, City Planning Commission, Section 3. That the City agrees That the Director of Capital Pro- Finance, Law; Committees on Munic- that if Federal funds are used to jects is authorized to enter into ipal Services and Properties, Devel- pay the cost of any consultant con- agreements with the entities for this opment Planning and Sustainability. tract, the City shall comply with 23 purpose. CFR 172 in the selection of its con- Section 8. That the Director of Ord. No. 700-2019. sultant and administration of the Capital Projects is authorized to By Council Members Griffin, John- consultant contract. Further the City enter into one or more agreements son, Brancatelli and Kelley (by agrees to incorporate the State’s with private utility companies to departmental request). “Specifications for Consulting Ser- pay charges for the installation of An emergency ordinance giving vices” as a contract document in all underground lines in connection consent of the City of Cleveland to of tits consultant contracts. The City with the Improvement. the Director of Transportation of the agrees to require, as a scope of ser- Section 9. That, notwithstanding State of Ohio for constructing the vices clause, that all plans prepared any provision of the Codified Ordi- complete streets project along the by the consultant must conform to nances of Cleveland, Ohio, 1976, to East 93rd Street/Woodhill the State’s current design standards the contrary, the Commissioner of Road/East 105th Street corridor; to and that the consultant shall be Purchases and Supplies is autho- apply for and accept any gifts or responsible for ongoing consultant rized to acquire, accept, and record grants for this purpose from any involvement during the construction for right-of-way purposes any real public or private entity; authorizing phase of the Improvement. The City property including but not limited to professional services, agreements agrees to include a completion fee simple acquisitions, temporary with public and private entities, and schedule acceptable to the State and easements, permanent easements, any relative agreements; authoriz- to assist the State in rating the con- and work agreements as is neces- ing the Commissioner of Purchases sultant’s performance through the sary to make the Improvement and Supplies to acquire, accept, and State’s Consultant Evaluation Sys- described in this ordinance. The con- record for right-of-way purposes any tem. sideration to be paid for the prop- real property and easements neces- Section 4. Authority to Sign. The erty and easements shall not exceed sary to make the improvement; and City authorizes the Director of Cap- fair market value, as determined by causing payment to ODOT of Cleve- ital Projects to enter into and exe- the Board of Control. land’s share of the improvement. cute contracts with the Director of 911 6 The City Record June 5, 2019

Transportation which are necessary Section 10. That, when appropri- and from any and all funds to develop plans for and to complete ate, the Director of Capital Projects approved by the Director of Finance, the Improvement; and to execute is authorized to enter into one or including future bond funds if contracts with ODOT pre-qualified more contracts with the railroads, issued for this purpose. consultants for the preliminary engi- Greater Cleveland Regional Transit Section 20. That this ordinance is neering phase of the Improvement. Authority, the Northeast Ohio declared to be an emergency mea- Upon request of the State, the Regional Sewer District and other sure and, provided it receives the Director is also empowered to exe- entities to obtain services or to affirmative vote of two-thirds of all cute any appropriate documents to acquire property rights such as the members elected to Council, it affect the assignment of all rights, easements and licenses, necessary to shall take effect and be in force title, and interests of the City to the construct the improvements immediately upon its passage and State arising from any agreement described in this ordinance. approval by the Mayor; otherwise it with its consultant in order to allow Section 11. That the Director of shall take effect and be in force the State to direct additional or cor- Capital Projects is authorized to from and after the earliest period rective work, recover damages due accept cash contributions from pub- allowed by law. to errors or omissions, and to exer- lic or private entities, for infra- Referred to Directors of Capital cise all other contractual rights and structure restoration costs Projects, City Planning Commission, remedies afforded by law or equity. associated with relocating, rehabili- Finance, Law; Committees on Munic- Section 5. Utilities and Right-of- tating or reconstructing utility ipal Services and Properties, Devel- Way Statement. The City agrees to infrastructure for the Improvement. opment Planning and Sustainability, acquire and/or make available to That the Director of Capital Pro- Finance. ODOT, under current State and Fed- jects is authorized to enter into eral regulations, all necessary right- agreements with the entities for this Ord. No. 701-2019. of-way required for the purpose. By Council Members McCormack, Improvement. The City also under- Section 12. That the Director of Johnson and Brancatelli (by depart- stands that right-of-way costs Capital Projects is authorized to include eligible utility costs. The mental request). City agrees to be responsible for all enter into one or more agreements An emergency ordinance authoriz- utility accommodation, relocation, with private utility companies to ing the Director of Capital Projects and reimbursement and agrees that pay charges for the installation of to issue a permit to K & D Real- all such accommodations, reloca- underground lines in connection Estate Services, LLC, to encroach tions, and reimbursements shall with the Improvement. into the public right-of-way of 1500 comply with the current provisions Section 13. That the Director of West 3rd Street by installing, using, of 23 CFR 645 and the ODOT Utili- Capital Projects is authorized to and maintaining an awning and 2 ties Manual. enter into any agreements necessary sculptures with pedestal founda- Section 6. Maintenance. Upon com- to implement this ordinance, includ- tions. pletion of the Improvement, and ing but not limited to a local public Whereas, this ordinance consti- unless otherwise agreed, the City agency federal agreement with tutes an emergency measure provid- shall: (1) provide adequate mainte- ODOT. ing for the usual daily operation of nance for the Improvement under all Section 14. That, notwithstanding a municipal department; now, there- applicable state and federal laws, any provision of the Codified Ordi- fore, including, but not limited to, 23 USC nances of Cleveland, Ohio, 1976, to Be it ordained by the Council of 116; (2) provide ample financial pro- the contrary, the Commissioner of the City of Cleveland: visions, as necessary, for mainte- Purchases and Supplies is autho- Section 1. That the Director of nance of the Improvement; (3) rized to acquire, accept, and record Capital Projects is authorized to maintain the right-of-way, keeping for right-of-way purposes any real issue a permit, revocable at the will it free of obstructions; and (4) hold property and easements as is neces- of Council, to K & D Real-Estate said right-of-way inviolate for pub- sary to make the improvements Services, LLC, 1621 Euclid Avenue lic highway purposes. described in this ordinance. The con- (“Permittee”), to encroach into the Section 7. That this Council sideration to be paid for the prop- public right-of-way West 3rd Street requests the State to proceed with erty and easements shall not exceed by installing, using, and maintain- the Improvement. fair market value. ing an awning, and 2 sculptures Section 8. That the Director of Section 15. That the Director of with pedestal foundations, at the fol- Capital Projects is authorized to Capital Projects is authorized to lowing location: employ by contract or contracts one execute on behalf of the City all or more consultants or one or more documents necessary to acquire, EASEMENT DESCRIPTION firms of consultants for the purpose accept, and record the property and 1500 West 3rd Street Cleveland, Ohio of supplementing the regularly easements and to employ and pay Situated in the City of Cleveland, employed staff of the several depart- all fees for title companies, surveys, County of Cuyahoga and State of ments of the City of Cleveland in escrows, appraisers, and all other Ohio, being part of Original 2 Acre order to provide design the Improve- costs necessary for the acquisition Lot No. 79 and known as being part ment. of the property and easements. of Bridge of West 3rd Street (59 feet The selection of the consultants wide) (Plat Volume 123, page 20 of for the services shall be made by Section 16. That the Director of the Board of Control on the nomi- Capital Projects is authorized to the Cuyahoga County Map Records.) nation of the Director of Capital enter into any agreements necessary and more fully described as follows: Projects from a list of qualified con- to implement the Improvement. Commencing for Reference at the sultants available for employment Section 17. That the Clerk of Coun- intersection of the northerly side of as may be determined after a full cil is authorized and directed to Bridge of West Huron Road NW (84 and complete canvass by the Direc- transmit to the State three (3) cer- feet wide) and the westerly line of tor of Capital Projects for the pur- tified copies of this ordinance imme- Bridge of West 3rd Street. Thence, pose of compiling a list. The diately on its taking effect, and it North 04°-51'-28" East along the compensation to be paid for the ser- shall become the basis for proceed- westerly line of Bridge of West 3rd vices shall be fixed by the Board of ing with the Improvement. Street, a distance of 105.86 feet, to Control. The contract or contracts Section 18. That the Director of the TRUE PLACE OF BEGINNING shall be prepared by the Director of Capital Projects is authorized to of the Encroachment Easement here- Law, approved by the Director of cause payment to the State of the in to be described; Capital Projects and certified by the City’s share of the Improvement. Director of Finance. Section 19. That the cost of the Course No. 1: Section 9. That the Director of contracts, payments, property acqui- Thence, North 04°-51'-28" East, Capital Projects is authorized to sition, cash matches, and other continuing along said westerly line, apply for and accept any gifts or expenditures authorized shall be a distance of grants for this purpose from any paid from Fund Nos. 20 SF 520, 20 26.00 feet to a point; public or private entity, including SF 528, 20 SF 534, 20 SF 540, 20 SF but not limited to NOACA; and that 546, 20 SF 554, 20 SF 563, 20 SF 568, Course No. 2: the Director is authorized to file all 20 SF 574, 20 SF 579, 20 SF 586, the Thence, South 85°-08'-32" East, a papers and execute all documents fund or funds to which are credited distance of 10.50 feet to a point; necessary to receive the funds under any gift or grant proceeds accepted the grant; and that the funds are under this ordinance, cash matches, Course No. 3: appropriated for the purposes cash contributions accepted and Thence, South 04°-51'-28" West, a described in this ordinance. appropriated under this ordinance, distance of 26.00 feet to a point; 912 June 5, 2019 The City Record 7

Course No. 4: bridge by installing, using, and LEGAL DESCRIPTION OF Thence, North 85°-08'-32" West, a maintaining a 21" wide x 24" long CITY CONVEYANCE distance of 10.50 feet to the place of x 6.75" high wooden peregrine fal- CLARENCE COURT HILLSIDE beginning, and containing 0.006 con nest tray at a specific location PART OF P.P.N. 004-22-096 acres of land more or less, as pre- first approved in writing by the CITY OF CLEVELAND, OHIO pared in April 2019 by McSteen & Director of Capital Projects. Situated in the City of Cleveland, Associates, Inc. under Project No. 19- Section 2. That the Director of County of Cuyahoga and State of 036, and being subject to all legal Law shall prepare the permit autho- Ohio and known as being part of highways and easements of record. rized by this ordinance and shall Sublot Nos. 61, 62, and 63 in the Legal Description approved by incorporate such additional provi- Brayton Re-Allotment of part of the Greg Esber, Section Chief, Plats, sions as the Director of Law deter- Original Brooklyn Township Lot No. Surveys and House Numbering Sec- mines necessary to protect and 86, as shown by the plat recorded in tion. benefit the public interest. The per- Volume 4, Page 18 of Cuyahoga Section 2. That the Director of mit shall be issued only when, in County Map Records and a portion Law shall prepare the permit autho- the opinion of the Director of Law, of West 9th Street and Clarence rized by this ordinance and shall the prospective Permittee has prop- Court S.W. as vacated by City of incorporate such additional provi- erly indemnified the City against Cleveland Ordinance No. 2019-74 and sions as the Director of Law deter- any loss that may result from the further bounded and described as mines necessary to protect and encroachment(s) permitted. follows: benefit the public interest. The per- Section 3. That Permittee may Beginning at the intersection of mit shall be issued only when, in assign the permit only with the the southerly right of way of Bray- the opinion of the Director of Law, prior written consent of the Director ton Avenue (formerly Brayton the prospective Permittee has prop- of Capital Projects. That the Street) (40 feet wide) and the east- erly indemnified the City against encroaching structure(s) permitted erly right of way of West 9th Street any loss that may result from the by this ordinance shall conform to (16 feet wide), also known as being encroachment(s) permitted. plans and specifications first the northwesterly corner of Lot A in Section 3. That Permittee may approved by the Manager of the the Clarence Court Townhomes Sub- assign the permit only with the City’s Division of Engineering and division as shown by the plat prior written consent of the Director Construction. That Permittee shall recorded in Volume 345, Page 67 of of Capital Projects. That the obtain all other required permits, Cuyahoga County Map Records; encroaching structure(s) permitted including but not limited to Build- Thence South 00°14'08" East by this ordinance shall conform to ing Permits, before installing the along the easterly right of way of plans and specifications first encroachment(s). West 9th Street, 80.03 feet to south- approved by the Manager of the Section 4. That the permit shall westerly corner of said Lot A; City’s Division of Engineering and reserve to the City reasonable right Thence North 88°17'59" East Construction. That Permittee shall of entry to the encroachment loca- along southerly line of Lot A, 20.01 obtain all other required permits, tion(s). feet to the southwesterly corner of including but not limited to Build- Section 5. That this ordinance is Lot B-5 in said Clarence Court ing Permits, before installing the declared to be an emergency mea- Townhomes Subdivision and being encroachment(s). sure and, provided it receives the the Principal Place of Beginning of Section 4. That the permit shall affirmative vote of two-thirds of all the premises herein described; reserve to the City reasonable right the members elected to Council, it Thence North 88°17'59" East of entry to the encroachment loca- shall take effect and be in force along said southerly line of Lot B- tion(s). immediately upon its passage and 5, 22.05 feet to a westerly line of Lot Section 5. That this ordinance is approval by the Mayor; otherwise it C in said Clarence Court Town- declared to be an emergency mea- shall take effect and be in force homes Subdivision; sure and, provided it receives the from and after the earliest period Thence South 01°42'01" East affirmative vote of two-thirds of all allowed by law. along a westerly line of said Lot C, the members elected to Council, it Referred to Directors of Capital 63.00 feet; shall take effect and be in force Projects, City Planning Commission, Thence North 88°17'59" East immediately upon its passage and Finance, Law; Committees on Munic- along a southerly line of said Lot C, approval by the Mayor; otherwise it ipal Services and Properties, Devel- 30.00 feet; shall take effect and be in force opment Planning and Sustainability. Thence South 01°42'01" East from and after the earliest period along a westerly line of said Lot C, allowed by law. Ord. No. 703-2019. 12.00 feet; Referred to Directors of Capital By Council Members McCormack, Thence South 77°40'15" East Projects, City Planning Commission, Johnson, Brancatelli and Kelley (by along a southerly line of said Lot C, Finance, Law; Committees on Munic- departmental request). 30.92 feet to the easterly line of ipal Services and Properties, Devel- An emergency ordinance authoriz- Sublot 61 in the Brayton Re-Allot- opment Planning and Sustainability. ing the Commissioner of Purchases ment; and Supplies to sell City-owned prop- Thence South 88°17'59" West, Ord. No. 702-2019. erty no longer needed for public use 120.17 feet to the westerly right of By Council Members Kelley, John- located near the intersection of way of vacated West 9th Street, also son and Brancatelli (by departmen- West 9th Street and Fruit Avenue to being the easterly line of land con- tal request). Brett McCoy, for purposes of yard veyed to Wanda Dubaniewicz by the An emergency ordinance authoriz- expansion. deed recorded in AFN. 200603270702 ing the Director of Capital Projects Whereas, the Director of Capital of Cuyahoga County Deed Records; to issue a permit to the State of Projects has requested the sale of Thence North 00°14'08" West Ohio, through the Department of the City-owned property to Brett along the westerly right of way of Natural Resources, Division of McCoy no longer needed for the vacated West 9th Street and said Wildlife, to encroach into the public City’s public use and located near easterly line of land conveyed to right-of-way of Fulton Road by the intersection of West 9th Street Wanda Dubaniewicz, 52.45 feet to installing, using, and maintaining a and Fruit Avenue, a portion of Per- the southerly right of way of Fruit peregrine falcon nest tray. manent Parcel No. 004-22-096, for pur- Avenue (formerly Fern Street) (40 Whereas, this ordinance consti- poses of yard expansion; and feet wide); tutes an emergency measure provid- Whereas, this ordinance consti- Thence North 88°18'45" East ing for the usual daily operation of tutes an emergency measure provid- along the southerly right of way of a municipal department; now, there- ing for the usual daily operation of Fruit Avenue, 16.51 feet to a point fore, a municipal department; now, there- of curvature; Be it ordained by the Council of fore, Thence along a curve deflecting the City of Clevelaand: Be it ordained by the Council of to the left, an arc of 30.91 feet and Section 1. That the Director of the City of Clevelaand: a delta of 88°32'53", said curve hav- Capital Projects is authorized to Section 1. That notwithstanding ing a radius of 20.00 feet, and a issue a permit, revocable at the will and as an exception to the provi- chord that bears North 44°02'19" of Council, to the State of Ohio, sions of Chapter 181 and 183 of the East, 27.92 feet to a point of tan- through the Department of Natural Codified Ordinances of Cleveland, gency; Resources, Division of Wildlife, 912 Ohio, 1976, it is found and deter- Thence North 00°14'08" West, Portage Lakes Drive Akron, OH mined that the following described 10.59 feet to the southwesterly cor- 44319 (“Permittee”), to encroach into property (a portion of Permanent ner of said Lot B-5 and being the the public right-of-way of Fulton Parcel No. 004-22-096) is no longer Principal Place of Beginning and Road beneath the Fulton Road needed for the City’s public use: containing 0.1050 acres of land, as 913 8 The City Record June 5, 2019 surveyed and described by Peter Whereas, this Council is satisfied obtained, the Manager of Engineer- John Gauriloff, P.S. No. 8646 of The that there is good cause for vacat- ing and Construction is directed to Riverstone Company in October ing a portion of the above and that record the vacation plat in the office 2018, subject to all legal highways, it will not be detrimental to the gen- of the Recorder of Cuyahoga Coun- restrictions, reservations and ease- eral interest and that it should be ty. ments of record. made; and Section 4. That the Clerk of Coun- Whereas, this ordinance consti- cil is directed to transmit a copy of Deeds of Reference: tutes an emergency measure provid- this ordinance to the Fiscal Officer P.P.N. 004-22-096 ing for the usual daily operation of of Cuyahoga County. Land conveyed to City of Cleve- a municipal department; now, there- Section 5. That this ordinance is land by deed dated August 16, 1983 fore, declared to be an emergency mea- and recorded in Volume 242, Page Be it ordained by the Council of sure and, provided it receives the 189 of Cuyahoga County Deed the City of Clevelaand: affirmative vote of two-thirds of all Records. Section 1. That this Council the members elected to Council, it declares that the following shall take effect and be in force Basis of Bearing: described real property is vacated: immediately upon its passage and The centerline of Starkweather Situated in the City of Cleveland, approval by the Mayor; otherwise it Avenue as North 88°16'51" East as County of Cuyahoga, and State of shall take effect and be in force an assumed meridian and is intend- Ohio and known as being a part of from and after the earliest period ed to indicate angles only. Original Ten Acre Lot Number 166 allowed by law. Section 2. That by and at the and the Northerly Extension there- Referred to Directors of Capital direction of the Board of Control, of, forming a parcel of land bound- Projects, City Planning Commission, the Commissioner of Purchases and ed and described as follows: Finance, Law; Committees on Munic- Supplies is authorized to sell the Beginning in the Westerly line of ipal Services and Properties, Devel- opment Planning and Sustainability, above-described property to Brett East 55th Street (100.00 feet wide), Finance. McCoy at a price not less than the at its point of intersection with the appraised value of $9,100, which is Northwesterly line of Lake Court N.E. (formerly Lake View Avenue), Ord. No. 706-2019. determined to be fair market value. By Council Members B. Jones, Section 3. That the conveyance (50.00 feet wide); Thence North 00° 22' 31" West Johnson, Brancatelli and Kelley (by shall be made by official deed pre- departmental request). pared by the Director of Law and along said Westerly line of East 55th Street, a distance of 710.00 feet An emergency ordinance to vacate executed by the Mayor on behalf of a portion of East 89th Street. the City of Cleveland. The deed to an angle point; Thence North 37° 06' 47" West Whereas, under Resolution No. shall contain necessary provisions, 1443-18, adopted December 3, 2018, including restrictive reversionary along a Southwesterly line of East 55th Street (100.00 feet wide), a dis- this Council declared its intention to interests as may be specified by the vacate a portion of East 89th Street; tance of 386.39 feet to a point on the Board of Control or Director of Law, and Northwesterly line of Cleveland which shall protect the City’s inter- Whereas, notice of the adoption of Memorial Shoreway, said point ests and shall specifically contain a the above vacation was served on being the Southerly corner of the provision against the erection of the abutting property owners affect- following described parcel and its any advertising signs or billboards ed by the resolution which stated a principle place of beginning; except permitted identification time and place when objections Thence continuing North 37° 06' signs. would be heard before the Board of 47" West along said Southwesterly Section 4. That the Director of Revision of Assessments; and line of East 55th Street, a distance Capital Projects is authorized to Whereas, on April 30, 2019, the of 253.57 feet to the Westerly corner execute any documents as may be Board of Revision of Assessments of said parcel; approved the above vacation under necessary to effectuate the purposes Thence North 76° 03' 20" East, a of this ordinance. the provisions of Section 176 of the distance of 108.77 feet to the Charter of the City of Cleveland; Section 5. That this ordinance is Northerly corner of said parcel and declared to be an emergency mea- and the Northeasterly line of East 55th Whereas, this Council is satisfied sure and, provided it receives the Street; affirmative vote of two-thirds of all that there is good cause for vacat- Thence South 37° 06' 47" East ing a portion of the above and that the members elected to Council, it along said Northeasterly line of shall take effect and be in force it will not be detrimental to the gen- East 55th Street, a distance of 173.01 eral interest and that it should be immediately upon its passage and feet to the Easterly corner of said made; and approval by the Mayor; otherwise it parcel, being a point on the North- Whereas, this ordinance consti- shall take effect and be in force westerly line of the Cleveland tutes an emergency measure provid- from and after the earliest period Memorial Shoreway; ing for the usual daily operation of allowed by law. Thence South 32° 12' 02" West a municipal department; now, there- Referred to Directors of Capital along said Northwesterly line of the fore, Projects, City Planning Commission, Cleveland Memorial Shoreway, a dis- Be it ordained by the Council of Finance, Law; Committees on Munic- tance of 106.89 feet to the South- the City of Clevelaand: ipal Services and Properties, Devel- westerly corner of said parcel and Section 1. That this Council opment Planning and Sustainability, the principle place of beginning. declares that the following Finance. Containing within said bounds described real property is vacated: 21,329 square feet (0.4896 Acres) of Ord. No. 705-2019. land and water, be the same more Vacation of a portion of East 89th By Council Members Hairston, or less, but subject to all legal high- Street Johnson, Brancatelli and Kelley (by ways, easements, and restrictions of Situated in the City of Cleveland, departmental request). record. County of Cuyahoga and State of An emergency ordinance to vacate Legal Description approved by Ohio and known as being part of a portion of East 55th Street. Greg Esber, Section Chief, Plats, Original 100 Acre Lot 384 as shown Whereas, under Resolution No. Surveys and House Numbering Sec- on the Cory Bros. Subdivision in Vol- 1348-18, adopted December 3, 2018, tion. ume 16 of Maps, Page 28 of Cuya- this Council declared its intention to Section 2. That there is reserved hoga County Records, further vacate a portion of East 55th Street; a permanent easement as required described as follows: and by law to any public utility with a Being all that remaining portion Whereas, notice of the adoption of current use or occupation within the of East 89th Street (40.00 feet wide) the above vacation was served on above described vacated portion of (formerly known as Claremont the abutting property owners affect- the street, highway or road. Street) extending from the North ed by the resolution which stated a That no structures shall be erect- line of Wade Park Avenue S.E. time and place when objections ed on the above described vacated (70.00 feet wide) to that portion of would be heard before the Board of area except those in compliance said East 89th Street vacated by Revision of Assessments; and with federal, state and local law City of Cleveland, Council Ordinance Whereas, on April 30, 2019, the and under the approval of plans by 1384-67, passed June 26th, 1967 as Board of Revision of Assessments those deemed to have an easement shown on the Vacation Plat of part approved the above vacation under by right of law and the City of of East 89th Street, East 90th Street the provisions of Section 176 of the Cleveland. and East 91st Street in Volume 202 Charter of the City of Cleveland; Section 3. That provided all of Maps, Page 61 of Cuyahoga Coun- and required approvals have been ty Records. 914 June 5, 2019 The City Record 9

Legal Description approved by (66.00 feet wide) extending from the Section 1. That this Council Greg Esber, Section Chief, Plats, West right of way of Columbus declares that the following Surveys and House Numbering Sec- Road (80.00 feet wide) westerly to described real property is vacated: tion. that portion of Freeman Avenue Situated in the City of Cleveland, Section 2. That there is reserved S.W. vacated by ordinance 98591 County of Cuyahoga and State of a permanent easement as required passed by the council of the City of Ohio and known as being part of by law to any public utility with a Cleveland on April 20th 1934. Original Rockport Township sec- current use or occupation within the Legal Description approved by tions No. 3 and 4 being further above described vacated portion of Greg Esber, Section Chief, Plats, described as follows: the street, highway or road. Surveys and House Numbering Sec- That no structures shall be erect- tion. Maplewood Avenue (60.00 feet ed on the above described vacated Section 2. That there is reserved wide) area except those in compliance a permanent easement as required Being all that portion of Maple- with federal, state and local law by law to any public utility with a wood Avenue (60.00 feet wide) and under the approval of plans by current use or occupation within the extending from the West right of those deemed to have an easement above described vacated portion of way of Rocky River Drive (Width by right of law and the City of the street, highway or road. Varies) westerly to that portion of Cleveland. That no structures shall be erect- Maplewood Avenue vacated by City Section 3. That provided all ed on the above described vacated of Cleveland Ordinance No. 1598-98 required approvals have been area except those in compliance passed November 23, 1998. obtained, the Manager of Engineer- with federal, state and local law Legal Description approved by ing and Construction is directed to and under the approval of plans by Greg Esber, Section Chief, Plats, record the vacation plat in the office those deemed to have an easement Surveys and House Numbering Sec- of the Recorder of Cuyahoga Coun- by right of law and the City of tion. ty. Cleveland. Section 2. That there is reserved Section 4. That the Clerk of Coun- Section 3. That provided all a permanent easement as required cil is directed to transmit a copy of required approvals have been by law to any public utility with a this ordinance to the Fiscal Officer obtained, the Manager of Engineer- current use or occupation within the of Cuyahoga County. ing and Construction is directed to above described vacated portion of Section 5. That this ordinance is record the vacation plat in the office the street, highway or road. declared to be an emergency mea- of the Recorder of Cuyahoga Coun- That no structures shall be erect- sure and, provided it receives the ty. ed on the above described vacated affirmative vote of two-thirds of all Section 4. That the Clerk of Coun- area except those in compliance the members elected to Council, it cil is directed to transmit a copy of with federal, state and local law shall take effect and be in force this ordinance to the Fiscal Officer and under the approval of plans by immediately upon its passage and of Cuyahoga County. those deemed to have an easement approval by the Mayor; otherwise it Section 5. That this ordinance is by right of law and the City of shall take effect and be in force declared to be an emergency mea- Cleveland. from and after the earliest period sure and, provided it receives the Section 3. That provided all allowed by law. affirmative vote of two-thirds of all required approvals have been Referred to Directors of Capital the members elected to Council, it obtained, the Manager of Engineer- Projects, City Planning Commission, shall take effect and be in force ing and Construction is directed to Finance, Law; Committees on Munic- immediately upon its passage and record the vacation plat in the office ipal Services and Properties, Devel- approval by the Mayor; otherwise it of the Recorder of Cuyahoga Coun- opment Planning and Sustainability, shall take effect and be in force ty. Finance. from and after the earliest period Section 4. That the Clerk of Coun- allowed by law. cil is directed to transmit a copy of Ord. No. 707-2019. Referred to Directors of Capital this ordinance to the Fiscal Officer By Council Members McCormack, Projects, City Planning Commission, of Cuyahoga County. Johnson, Brancatelli and Kelley (by Finance, Law; Committees on Munic- Section 5. That this ordinance is departmental request). ipal Services and Properties, Devel- declared to be an emergency mea- An emergency ordinance to vacate opment Planning and Sustainability, sure and, provided it receives the a portion of Freeman Avenue S.W. Finance. affirmative vote of two-thirds of all Whereas, under Resolution No. the members elected to Council, it 1237-18, adopted November 26, 2018, Ord. No. 708-2019. shall take effect and be in force this Council declared its intention to By Council Members Keane, John- immediately upon its passage and vacate a portion of Freeman Avenue son, Brancatelli and Kelley (by approval by the Mayor; otherwise it S.W.; and departmental request). shall take effect and be in force Whereas, notice of the adoption of An emergency ordinance to vacate from and after the earliest period the above vacation was served on a portion of Maplewood Avenue. allowed by law. the abutting property owners affect- Whereas, under Resolution No. Referred to Directors of Capital ed by the resolution which stated a 1131-18, adopted December 3, 2018, Projects, City Planning Commission, time and place when objections this Council declared its intention to Finance, Law; Committees on Munic- would be heard before the Board of vacate a portion of Maplewood ipal Services and Properties, Devel- Revision of Assessments; and Avenue; and opment Planning and Sustainability, Whereas, on April 30, 2019, the Whereas, notice of the adoption of Finance. Board of Revision of Assessments the above vacation was served on approved the above vacation under the abutting property owners affect- Ord. No. 709-2019. the provisions of Section 176 of the ed by the resolution which stated a By Council Members Polensek, Charter of the City of Cleveland; time and place when objections Johnson, Brancatelli and Kelley (by and would be heard before the Board of departmental request). Whereas, this Council is satisfied Revision of Assessments; and An emergency ordinance to vacate that there is good cause for vacat- Whereas, on April 30, 2019, the a portion of Utopia Avenue N.E. ing a portion of the above and that Board of Revision of Assessments Whereas, under Resolution No. it will not be detrimental to the gen- approved the above vacation under 1332-18, adopted December 3, 2018, eral interest and that it should be the provisions of Section 176 of the this Council declared its intention to made; and Charter of the City of Cleveland; vacate a portion of Utopia Avenue Whereas, this ordinance consti- and N.E.; and tutes an emergency measure provid- Whereas, this Council is satisfied Whereas, notice of the adoption of ing for the usual daily operation of that there is good cause for vacat- the above vacation was served on a municipal department; now, there- ing a portion of the above and that the abutting property owners affect- fore, it will not be detrimental to the gen- ed by the resolution which stated a Be it ordained by the Council of eral interest and that it should be time and place when objections the City of Clevelaand: made; and would be heard before the Board of Section 1. That this Council Whereas, this ordinance consti- Revision of Assessments; and declares that the following tutes an emergency measure provid- Whereas, on April 30, 2019, the described real property is vacated: ing for the usual daily operation of Board of Revision of Assessments Situated in the City of Cleveland, a municipal department; now, there- approved the above vacation under County of Cuyahoga and State of fore, the provisions of Section 176 of the Ohio and known as being all that Be it ordained by the Council of Charter of the City of Cleveland; portion of Freeman Avenue S.W. the City of Clevelaand: and 915 10 The City Record June 5, 2019

Whereas, this Council is satisfied Ord. No. 710-2019. approval by the Mayor; otherwise it that there is good cause for vacat- By Council Members B. Jones, shall take effect and be in force ing a portion of the above and that Cleveland, Brancatelli and Kelley from and after the earliest period it will not be detrimental to the gen- (by departmental request). allowed by law. eral interest and that it should be An emergency ordinance authoriz- Referred to Directors of City Plan- made; and ing the Director of City Planning to ning Commission, Finance, Law; Whereas, this ordinance consti- apply for and accept a grant from Committees on Development Plan- tutes an emergency measure provid- the Ohio History Connection State ning and Sustainability, Finance. ing for the usual daily operation of Historic Preservation Office/ Ohio a municipal department; now, there- Development Services Agency to Ord. No. 712-2019. fore, prepare a National Register of His- By Council Members Brancatelli Be it ordained by the Council of toric Places Nomination to recognize and Kelley (by departmental and preserve the Midtown Historic the City of Clevelaand: request). District and to promote economic Section 1. That this Council An emergency ordinance authoriz- development through Historic Tax declares that the following ing the Mayor and the Commission- described real property is vacated: Credits; and authorizing the director to enter into one or more contracts er of Purchases and Supplies to acquire and re-convey properties A portion of Utopia Avenue N.E. for professional consultants to implement this ordinance. presently owned by Jennings Free- (15.00 feet wide) way Industrial Park, an Ohio gen- Situated in the City of Cleveland Whereas, this ordinance consti- eral partnership, or its designee, (formerly the Village of tutes an emergency measure provid- located at 4781 Hinckley Industrial ), County of Cuyahoga ing for the usual daily operation of a municipal department; now, there- Parkway for the purpose of enter- and State of Ohio and known as fore, ing into the chain-of-title prior to being the southerly 15 feet of Be it ordained by the Council of the adoption of tax increment Sublots 3 and 13 in the Wood Gib- the City of Clevelaand: financing legislation authorized son and others Subdivision of part Section 1. That the Director of under Section 5709.41 of the Revised of Original Euclid Township Lot No. City Planning is authorized to apply Code. 1 as shown in the recorded plat in for and accept a grant from the Ohio Whereas, this ordinance consti- Volume 17 of Maps, Page 11 of Cuya- History Connection State Historic tutes an emergency measure provid- hoga County Records, authorized for Preservation Office/ Ohio Develop- street purposes by Collinwood ordi- ing for the usual daily operation of ment Services Agency in the amount a municipal department; now, there- nance 1599 dated July 13, 1908 as of $30,000 to prepare a National Reg- shown in Volume 1175, Page 341 of fore, ister of Historic Places Nomination Be it ordained by the Council of Cuyahoga County Deed Records, fur- to recognize and preserve the Mid- the City of Clevelaand: ther described as follows: town Historic District and to pro- Section 1. That notwithstanding Being all that portion of Utopia mote economic development through Avenue N.E. (15.00 feet wide) Historic Tax Credits; the director is and as an exception to the provi- extending from the East line of authorized to file all papers and sions of Chapter 181 and 183 of the East 150th Street (60.00 feet execute all documents necessary to Codified Ordinances of Cleveland, wide)(formerly known as Mars receive the funds under the grant; Ohio, 1976, the Mayor and the Com- Avenue) to the West line of East and that the funds are appropriated missioner of Purchases and Supplies 152nd Street (60.00 feet wide)(for- for the purposes described in this are authorized to acquire from and merly known as Collamer Avenue). ordinance. re-convey to, Jennings Freeway Legal Description approved by Section 2. That the summary for Industrial Park, an Ohio general Greg Esber, Section Chief, Plats, the grant, File No. 710-2019-A, made partnership, or its designee, for a Surveys and House Numbering Sec- a part of this ordinance as if fully nominal consideration of one dollar tion. rewritten, is approved in all respects and other valuable consideration Section 2. That there is reserved and shall not be changed without determined to be fair market value, a permanent easement as required additional legislative authority. the following property for the pur- by law to any public utility with a Section 3. That the Director of pose of entering into the chain-of- current use or occupation within the City Planning is authorized to title prior to the adoption of tax above described vacated portion of employ by contract or contracts one increment financing legislation the street, highway or road. or more consultants or one or more authorized under Section 5709.41 of That no structures shall be erect- firms of consultants, necessary for the Revised Code and more fully ed on the above described vacated the purpose of supplementing the described as follows: regularly employed staff of the sev- area except those in compliance eral departments of the City of with federal, state and local law LEGAL DESCRIPTION OF Cleveland in order to provide pro- and under the approval of plans by fessional services necessary to 6.1348 ACRE PARCEL OF LAND OF those deemed to have an easement implement this ordinance as PART OF P.P.N. 010-31-001 AND -002 by right of law and the City of described in the file. HINCKLEY INDUSTRIAL Cleveland. The selection of the consultants PARKWAY, CLEVELAND Section 3. That provided all for the services shall be made by Situated in the City of Cleveland, required approvals have been the Board of Control on the nomi- County of Cuyahoga and State of obtained, the Manager of Engineer- nation of the Director of City Plan- Ohio and known as being part of ing and Construction is directed to ning from a list of qualified Block "L" in the Resubdivision of record the vacation plat in the office consultants available for employ- Jennings Freeway Industrial Park of the Recorder of Cuyahoga Coun- ment as may be determined after a of part of Original Brooklyn Town- ty. full and complete canvass by the ship Lot No. 79 as shown by the plat Section 4. That the Clerk of Coun- Director of City Planning for the recorded in Volume 233, Page 36 of cil is directed to transmit a copy of purpose of compiling a list. The Cuyahoga County Map Records and this ordinance to the Fiscal Officer compensation to be paid for the ser- bounded and described as follows: of Cuyahoga County. vices shall be fixed by the Board of Beginning at the intersection of Section 5. That this ordinance is Control. The contract or contracts the centerline of Hinckley Industri- declared to be an emergency mea- authorized shall be prepared by the sure and, provided it receives the al Parkway (60 feet wide) as shown Director of Law, approved by the on the Dedicated Plat recorded in affirmative vote of two-thirds of all Director of City Planning, and cer- Volume 229, Page 28 and Volume the members elected to Council, it tified by the Director of Finance. 229, Page 48 of Cuyahoga County shall take effect and be in force Section 4. That the costs of the Map Records and the centerline of immediately upon its passage and contract or contracts shall be paid approval by the Mayor; otherwise it from the fund or funds to which are Schaaf Road (50 feet wide) as shall take effect and be in force credited any grant proceeds accept- shown on the Centerline Survey Plat from and after the earliest period ed under this ordinance. recorded in Volume 361, Page 36 of allowed by law. Section 5. That this ordinance is Cuyahoga County Map Records; Referred to Directors of Capital declared to be an emergency mea- Thence North 29°22'36" East Projects, City Planning Commission, sure and, provided it receives the along the centerline of Hinckley Finance, Law; Committees on Munic- affirmative vote of two-thirds of all Industrial Parkway, passing ipal Services and Properties, Devel- the members elected to Council, it through a 1" iron pin (0.00 feet opment Planning and Sustainability, shall take effect and be in force north and 0.04 feet west) in a mon- Finance. immediately upon its passage and ument box at 25.00 feet, 104.46 feet 916 June 5, 2019 The City Record 11 to a 1" iron pin in a monument box of 630.00 feet and a chord that bears at 4781 Hinckley Industrial Park- (0.19 feet north and 0.00 feet east) North 10º58'23" East, 28.49 feet to way, and other associated costs nec- at a point of curvature; the PRINCIPAL PLACE OF BEGIN- essary to redevelop the property. Thence along the curved center- NING and containing 6.1348 acres Whereas, this ordinance consti- line of Hinckley Industrial Parkway (267,231 Sq.Ft) of land as land as tutes an emergency measure provid- deflecting to the left, an arc of described by Edward B. Dudley, PS ing for the usual daily operation of 206.29 feet with a delta of 19°41'58", No. 6747 of the Riverstone Company a municipal department; now, there- said curve having a radius of 600.00 in May of 2019 and subject to all fore, feet and a chord that bears North legal highways, restrictions, reser- Be it ordained by the Council of 19º31'37" East, 205.28 feet to a 1" vations and easements. the City of Clevelaand: iron pin in a monument box at a Section 1. That the Director of point of tangency; Basis of Bearings: Economic Development is autho- Thence South 80°19'22" East, 30.00 The centerline of Hinckley Indus- rized to enter a forgivable loan feet to the easterly right of way of trial Parkway in the dedication of agreement with Jennings Freeway Hinckley Industrial Parkway and Hinckley Industrial Parkway as Industrial Park, an Ohio general being the PRINCIPAL PLACE OF North 09°40'38" East as shown on partnership or its designee, in an BEGINNING of the premises herein the plat recorded in Volume 229, amount of $500,000, to partially described; Page 28 and 48 of Cuyahoga Coun- finance the development of a build- Thence North 09°40'38" East ty Map Records. to-suit facility at the Strike Force along the easterly right of way of Project site located at 4781 Hinck- Hinckley Industrial Parkway, 409.03 Deed of Reference: ley Industrial Parkway, and other feet to the southwesterly corner of Land described to Jennings Free- associated costs necessary to rede- land described to Wesco Real Estate way Industrial Park, an Ohio gen- velop the property. I, LLC (P.P.N. 010-29-010) by the eral partnership, by deed dated July Section 2. That the summary for deed dated March 07, 2003 and 6, 1983 and recorded in Volume 83- the loan, File No. 713-2019-A, made a recorded in AFN. 200303071303 of 00188, Page 833 of Cuyahoga Coun- part of this ordinance as if fully Cuyahoga County Deed Records; ty Deed Records. rewritten, is approved in all respects Thence South 78°22'40" East Section 2. That the Director of and shall not be changed without along the southerly line of land so Economic Development is autho- additional legislative authority. described to Wesco Real Estate I, rized to execute on behalf of the Section 3. That the Director of LLC and being the southerly line of City of Cleveland all necessary doc- Economic Development is autho- Sublot No. 10 of The Map of Lot Split uments to acquire and to convey the rized to accept such collateral as the recorded in Volume 239, Page 59 of properties and to employ and to director determines is sufficient in Cuyahoga County Map Records, cause Jennings Freeway Industrial order to secure repayment of the 630.45 feet to a southeasterly corner Park, or its designee, to pay all fees loan. therein; for title companies, surveys, Section 4. That the Director of Thence North 17°57'33" East escrows, appraisers, environmental Economic Development is autho- along an easterly line of land so audits, and all other costs necessary rized to accept monies in repayment described to Wesco Real Estate I, for the acquisition and sale of the of the loan and to deposit the properties. monies in Fund Nos. 17 SF 006. LLC and being the easterly line of Section 3. That this Council finds Section 5. That the Director of said Sublot No. 10, 80.00 feet to a the conveyances are in compliance Economic Development is autho- southwesterly corner of land with Section 5709.41(B)(1) of the rized to charge and accept fees in described to John A. Litteria and D. Revised Code and the proposed an amount not to exceed the maxi- Litteria (P.P.N. 010-31-004) by deed improvements constitute and are mum allowable fees under federal dated June 11, 1976 and recorded in declared a public purpose under said regulations and the fees are appro- Volume 14255, Page 527 of Cuyahoga section and the subject property is priated to cover costs incurred in County Deed Records; located in an impacted City as the preparation of the loan applica- Thence South 01°56'46" East, required by Section 5709.41 of the tion, closing and servicing of the 220.02 feet to the northerly line of Revised Code. loan. The fees shall be deposited to land described to Kiwi Real Estate Section 4. That the conveyance and expended from Fund No. 17 SF Holdings Ltd. (P.P.N. 010-31-005) by shall be made by official deed pre- 305, Loan Fees Fund. deed dated March 18, 2015 and pared by the Director of Law and Section 6. That the contract and recorded in AFN. 201503180464 of executed by the Mayor and the Com- other appropriate documents needed Cuyahoga County Deed Records; missioner of Purchases and Supplies to complete the transaction autho- Thence South 88°03'14" West on behalf of the City of Cleveland. rized by this legislation shall be pre- along the northerly line of land so Section 5. That this ordinance is pared by the Director of Law. described to Kiwi Real Estate Hold- declared to be an emergency mea- Section 7. That the costs of any ings Ltd., 79.67 feet to the north- sure and, provided it receives the funding under this ordinance shall westerly corner therein; affirmative vote of two-thirds of all not exceed $500,000, and shall be Thence South 01°55'18" East the members elected to Council, it paid from Fund Nos. 17 SF 008, RQS along the westerly line of land so shall take effect and be in force 9501, RL 2019-63. described to Kiwi Real Estate Hold- immediately upon its passage and Section 8. That this ordinance is ings Ltd. 203.46 feet to a northerly approval by the Mayor; otherwise it declared to be an emergency mea- line of land so described to Manolis shall take effect and be in force sure and, provided it receives the Investments LLC (P.P.N. 010-31-003) from and after the earliest period affirmative vote of two-thirds of all by deed dated May 21, 2010 and allowed by law. the members elected to Council, it AFN. 201005210211 of Cuyahoga Referred to Directors of Econom- shall take effect and be in force County Deed Records; ic Development, City Planning Com- immediately upon its passage and Thence South 87°33'52" West mission, Finance, Law; Committees approval by the Mayor; otherwise it along a northerly line of land so on Development Planning and Sus- shall take effect and be in force described to Manolis Investments tainability, Finance. from and after the earliest period LLC, 323.09 feet to a northwesterly allowed by law. corner therein; Ord. No. 713-2019. Referred to Directors of Econom- Thence North 08°26'16" East, 3.37 By Council Members Brancatelli ic Development, City Planning Com- feet to an angle point; and Kelley (by departmental mission, Finance, Law; Committees Thence North 80°19'22" West request). on Development Planning and Sus- along a northerly line of so An emergency ordinance authoriz- tainability, Finance. described to Manolis Investments ing the Director of Economic Devel- LLC, 333.48 feet to the curved east- opment to enter into a forgivable Ord. No. 714-2019. erly right of way of said Hinckley loan agreement with Jennings Free- By Council Members Brancatelli Industrial Parkway; way Industrial Park, an Ohio gen- and Kelley (by departmental Thence along the curved easterly eral partnership or its designee, to request). right of way of Hinckley Industrial provide economic development assis- An emergency ordinance authoriz- Parkway deflecting to the left, an tance to partially finance the devel- ing the Director of Economic Devel- arc of 28.49 feet with a delta of opment of a build-to-suit facility at opment to enter into an agreement 2°35'29", said curve having a radius the Strike Force Project site located with the National Development 917 12 The City Record June 5, 2019

Council, or its designee, to provide Ord. No. 715-2019. this ordinance and from Fund No. 17 economic development assistance to By Council Members Brancatelli SF 052, UDAG Repayments. (RQS provide partial funding of the Capi- and Kelley (by departmental 9501, RLA 2019-44) tal Access Fund of Greater Cleve- request). Section 7. That this ordinance is land. An emergency ordinance authoriz- declared to be an emergency mea- Whereas, the National Develop- ing the Director of Economic Devel- sure and, provided it receives the ment Council, or its designee, seeks opment to apply for and accept affirmative vote of two-thirds of all to fund a loan loss reserve to make grants from CoBank and Farm Cred- the members elected to Council, it up to $4,000,000 available for the it Mid-America, and/or their shall take effect and be in force Capital Access Fund of Greater designees, for the Gardening for immediately upon its passage and Cleveland (“Capital Access Fund”) Greenbacks Program; and authoriz- approval by the Mayor; otherwise it in flexible and patient capital for ing the Director to enter into one or shall take effect and be in force low-cost loans to minority small more contracts with small business- from and after the earliest period businesses in the City of Cleveland; es, merchants, or local farmers to allowed by law. and implement the grant. Referred to Directors of Econom- Whereas, the City of Cleveland is Whereas, under Ordinance No. 553- ic Development, Finance, Law; Com- committing up to $200,000 towards 08, passed June 2, 2008, and under mittees on Development Planning this loan loss reserve and other part- Ordinance 884-12 passed on July 11, and Sustainability, Finance. ners will contribute the remainder; 2012, this Council authorized the and establishment of the Gardening for Ord. No. 716-2019. Greenbacks Program; and By Council Members Brancatelli Whereas, the loans given under Whereas, the City wishes to con- and Kelley (by departmental the Capital Access Fund will assist tinue the Gardening for Greenbacks request). minority small businesses which Program by applying for and accept- An emergency ordinance authoriz- have consistently found impedi- ing the grants authorized in this ing the Director of Economic Devel- ments to accessing capital; and ordinance and providing match to opment to enter into a grant Whereas, this ordinance consti- continue the programs to be used as agreement with Hebrew Free Loan tutes an emergency measure provid- additional program resources made Association, or its designee, to par- ing for the usual daily operation of available to eligible small business- tially finance the creation of their a municipal department; now, there- es, merchants, and local farmers; Start-Up Working Capital Fund fore, and Pilot Program which will adminis- Be it ordained by the Council of Whereas, this ordinance consti- ter working capital financing loans the City of Clevelaand: tutes an emergency measure provid- to eligible small businesses located Section 1. That the Director of ing for the usual daily operation of in/or will be located in the City of Economic Development is autho- a municipal department; now, there- Cleveland in conjunction with the rized to enter into an agreement fore, Neighborhood Retail Assistance Pro- with the National Development Be it ordained by the Council of gram and/or the Municipal Small Council, or its designee, to provide the City of Clevelaand: business Initiative Program. economic development assistance to Section 1. That the Director of Whereas, this ordinance consti- provide partial funding of the Capi- Economic Development is autho- tutes an emergency measure provid- tal Access Fund of Greater Cleve- rized to apply for and accept grants ing for the usual daily operation of land, under terms contained in the from CoBank and Farm Credit Mid- a municipal department; now, there- summary placed in File No. 714-2019- America, and/or their designees, fore, A. each in the amount of $25,000 for a Be it ordained by the Council of Section 2. That the costs of the combined total of $50,000 to contin- the City of Clevelaand: grant shall not exceed an amount up ue to conduct the Gardening for Section 1. That the Director of to $200,000 and shall be paid from Greenbacks Program; that the Direc- Economic Development is autho- Fund No. 17 SF 652, Request No. tor is authorized to file all papers rized to enter into a grant agree- RQS 9501, RL 2019-62. and execute all documents neces- ment with Hebrew Free Loan Section 3. That the agreement and sary to receive the funds under the Association, or its designee, to par- other appropriate documents needed grants; and that the funds are tially finance the creation of their to complete the transaction autho- appropriated for the purposes Start-Up Working Capital Fund rized by this legislation shall be pre- described in the Executive Summa- Pilot Program which will adminis- pared by the Director of Law. ry contained in the file described ter working capital financing loans Section 4. That the contract autho- below. capped at $5,000 to eligible small rized in this legislation will require Section 2. That in addition to the businesses located in/or will be grant funds accepted above, the City located in the City of Cleveland in the recipient of financial assistance shall contribute an additional conjunction with the Neighborhood to work with, and/or cause their $25,000 from the UDAG Repayment Retail Assistance Program and/or tenants to work with, The Work- fund to the Gardening for Green- the Municipal Small business Initia- force Investment Board for Work- backs Program to be used as addi- tive Program. force Area No. 3 to identify and tional program resources made Section 2. That the agreement and solicit qualified candidates for job available to eligible small business- other appropriate documents needed opportunities related to the City’s es, merchants, and local farmers. to complete the transaction autho- contracts, and place special empha- Section 3. That the Executive rized by this legislation shall be pre- sis on the hard to employ, including Summary, File No. 715-2019-A, made pared by the Director of Law. but not limited to the disabled and a part of this ordinance as if fully Section 3. That the contract autho- persons who have been convicted of rewritten, is approved in all respects rized in this legislation will require or have pled guilty to a criminal and shall not be changed without the recipients of financial assistance offense, unless the criminal convic- additional legislative authority. to work with, and/or cause their tion or circumstances relate to the Section 4. That the Director of tenants to work with, The Work- duties for the particular job sought. Economic Development is autho- force Investment Board for Work- Section 5. That this ordinance is rized to enter into one or more con- force Area No. 3 to identify and declared to be an emergency mea- tracts for grants with eligible small solicit qualified candidates for job sure and, provided it receives the businesses, merchants, or local farm- opportunities related to the City’s affirmative vote of two-thirds of all ers under the Gardening for Green- contracts, and place special empha- the members elected to Council, it backs Program. sis on the hard to employ, including shall take effect and be in force Section 5. That fees received but not limited to the disabled and immediately upon its passage and under the Gardening for Greenbacks persons who have been convicted of approval by the Mayor; otherwise it Program will be deposited into a or have pled guilty to a criminal shall take effect and be in force fund approved by the Director of offense, unless the criminal convic- from and after the earliest period Finance. tion or circumstances relate to the allowed by law. Section 6. That the cost of each duties for the particular job sought. Referred to Directors of Econom- contract shall not exceed $5,000 per Section 4. That the costs of the ic Development, Finance, Law; Com- applicant and shall be paid from the grant shall not exceed an amount of mittees on Development Planning fund or fund to which are credited $75,000 and shall be paid from Fund and Sustainability, Finance. the grant proceeds accepted under No. 17 SF 652, RQS 9501, RL 2019-61. 918 June 5, 2019 The City Record 13

Section 5. That this ordinance is Whereas, this ordinance consti- Section 3. That the Director of declared to be an emergency mea- tutes an emergency measure provid- Public Health shall have the author- sure and, provided it receives the ing for the usual daily operation of ity to extend the term of the grant affirmative vote of two-thirds of all a municipal department; now, there- during the grant term. the members elected to Council, it fore, Section 4. That the Director of shall take effect and be in force Be it ordained by the Council of Public Health shall deposit the immediately upon its passage and the City of Clevelaand: grant accepted under this ordinance approval by the Mayor; otherwise it Section 1. That the Director of into a fund or funds designated by shall take effect and be in force Economic Development is autho- the Director of Finance to imple- from and after the earliest period rized to enter into a grant agree- ment the program as described in allowed by law. ment with The Greater Cleveland the file and appropriated for that Referred to Directors of Econom- Sports Commission, or its designee, purpose. ic Development, Finance, Law; Com- to provide financial assistance to Section 5. That this ordinance is mittees on Development Planning organize and administer programs declared to be an emergency mea- and Sustainability, Finance. for marketing the City of Cleveland sure and, provided it receives the as a venue for sporting events and affirmative vote of two-thirds of all Ord. No. 717-2019. to actively market the Public Audi- the members elected to Council, it By Council Members Brancatelli torium as a premier site for the shall take effect and be in force and Kelley (by departmental hosting of major events. immediately upon its passage and request). Section 2. That the agreement and approval by the Mayor; otherwise it An emergency ordinance authoriz- other appropriate documents needed shall take effect and be in force ing the Director of Economic Devel- to complete the transaction autho- from and after the earliest period opment to enter into a grant rized by this legislation shall be pre- allowed by law. agreement with the Greater Cleve- pared by the Director of Law. Referred to Directors of Public land Media Development Corpora- Section 3. That the costs of the Health, Finance, Law; Committees tion dba Greater Cleveland Film grant shall not exceed an amount of on Health and Human Services, Commission, or its designee, to $250,000 and shall be paid from Finance. assist with the general operating Fund No. 17 SF 652, RQS 9501, RL expenses of the organization. 2019-58. Ord. No. 720-2019. Whereas, this ordinance consti- Section 4. That this ordinance is By Council Members Griffin and tutes an emergency measure provid- declared to be an emergency mea- Kelley (by departmental request). ing for the usual daily operation of sure and, provided it receives the An emergency ordinance authoriz- a municipal department; now, there- affirmative vote of two-thirds of all ing the Director of Public Health to fore, the members elected to Council, it apply for and accept a grant from Be it ordained by the Council of shall take effect and be in force the Cuyahoga County Board of the City of Clevelaand: immediately upon its passage and Health for the Public Health Emer- Section 1. That the Director of approval by the Mayor; otherwise it gency Preparedness Grant Program. Economic Development is autho- shall take effect and be in force Whereas, this ordinance consti- rized to enter into a grant agree- from and after the earliest period tutes an emergency measure provid- ment with the Greater Cleveland allowed by law. ing for the usual daily operation of Media Development Corporation dba Referred to Directors of Econom- a municipal department; now, there- Greater Cleveland Film Commission, ic Development, Finance, Law; Com- fore, or its designee, to assist with the mittees on Development Planning Be it ordained by the Council of general operating expenses of the and Sustainability, Finance. the City of Clevelaand: organization. Section 1. That the Director of Section 2. That the Director of Ord. No. 719-2019. Public Health is authorized to apply Law is authorized to prepare the for and accept a grant in the By Council Members Griffin and grant agreement and other docu- approximate amount of $183,688, for Kelley (by departmental request). ments that may be appropriate to each year of the grant, and any An emergency ordinance authoriz- complete the transaction. other funds as they become avail- ing the Director of Public Health to Section 3. That the costs of the able during the grant term, from the apply for and accept a grant from grant shall not exceed $250,000 and Cuyahoga County Board of Health the Ohio Department of Health for shall be paid from Fund No. 17 SF to conduct the Public Health Emer- the Cities Readiness Initiative Pro- 652, Request No. RQS 9501, RL 2019- gency Preparedness Grant Program; gram. 59. that the Director of Public Health is Whereas, this ordinance consti- Section 4. That this ordinance is authorized to file all papers and declared to be an emergency mea- tutes an emergency measure provid- execute all documents necessary to sure and, provided it receives the ing for the usual daily operation of receive the funds under the grant; affirmative vote of two-thirds of all a municipal department; now, there- and that the funds are appropriated the members elected to Council, it fore, for the purposes set forth in the shall take effect and be in force Be it ordained by the Council of Executive Summary for the grant immediately upon its passage and the City of Clevelaand: contained in the file described approval by the Mayor; otherwise it Section 1. That the Director of below. shall take effect and be in force Public Health is authorized to apply Section 2. That the Executive from and after the earliest period for and accept a grant in the Summary for the grant, File No. 720- allowed by law. approximate amount of $107,309, for 2019-A, made a part of this ordi- Referred to Directors of Econom- each year of the grant, and any nance as if fully rewritten, is ic Development, Finance, Law; Com- other funds that may become avail- approved in all respects and shall mittees on Development Planning able during the grant term from the not be changed without additional and Sustainability, Finance. Ohio Department of Health to con- legislative authority. duct the Cities Readiness Initiative Section 3. That the Director of Ord. No. 718-2019. (“CRI”) Program; that the Director Public Health shall have the author- By Council Members Brancatelli is authorized to file all papers and ity to extend the term of the grant and Kelley (by departmental execute all documents necessary to during the grant term. request). receive the funds under the grant; Section 4. That the Director of An emergency ordinance authoriz- and that the funds are appropriated Public Health shall deposit the ing the Director of Economic Devel- for the purposes described in the grant accepted under this ordinance opment to enter into a grant Executive Summary for the grant into a fund or funds designated by agreement with The Greater Cleve- contained in the file described the Director of Finance to imple- land Sports Commission, or its below. ment the program as described in designee, to provide financial assis- Section 2. That the Executive the file and appropriated for that tance to organize and administer Summary for the grant, File No. 719- purpose. programs for marketing the City of 2019-A, made a part of this ordi- Section 5. That, unless expressly Cleveland as a venue for sporting nance as if fully rewritten, is prohibited by the grant agreement, events and to actively market the approved in all respects and shall under Section 108(b) of the Charter, as a premier site not be changed without additional purchases made under the grant for the hosting of major events. legislative authority. agreement may be made through 919 14 The City Record June 5, 2019 cooperative arrangements with shall take effect and be in force and Rockwell Avenue, related Divi- other governmental agencies. The immediately upon its passage and sion of Water costs, and other Director of Public Health may sign approval by the Mayor; otherwise it expenditures, in an estimated all documents and do all things that shall take effect and be in force amount of $1,200,000, payable from are necessary to make the purchas- from and after the earliest period Fund No. 52 SF 001, and from the es, and may enter into one or more allowed by law. fund or funds to which are credited contracts with the vendors selected Referred to Directors of Public any future water bonds if issued for through that cooperative process. Health, Finance, Law; Committees this purpose. (RQS 2002, RL 2019-46) The contracts will be paid from the on Health and Human Services, Section 4. That this ordinance is fund or funds to which are credited Finance. declared to be an emergency mea- any grant funds accepted under this sure and, provided it receives the ordinance. Ord. No. 722-2019. affirmative vote of two-thirds of all Section 6. That this ordinance is By Council Members Keane and the members elected to Council, it declared to be an emergency mea- Kelley (by departmental request). shall take effect and be in force sure and, provided it receives the An emergency ordinance authoriz- immediately upon its passage and affirmative vote of two-thirds of all ing the Director of Public Utilities approval by the Mayor; otherwise it the members elected to Council, it to enter into one or more agree- shall take effect and be in force shall take effect and be in force ments with Cleveland Thermal, a from and after the earliest period immediately upon its passage and division of the Corix Group of Com- allowed by law. approval by the Mayor; otherwise it panies, or its contractor, to replace Referred to Directors of Public shall take effect and be in force a water distribution main in East Utilities, Finance, Law; Committees from and after the earliest period 6th Street between Lakeside Avenue on Utilities, Finance. allowed by law. and Rockwell Avenue; and to reim- Referred to Directors of Public burse Cleveland Thermal for the Ord. No. 723-2019. Health, Finance, Law; Committees City’s share of the improvement. By Council Members Keane and on Health and Human Services, Whereas, the City of Cleveland, Kelley (by departmental request). Finance. Division of Water has a water main An emergency ordinance deter- in East 6th Street between Lakeside mining the method of making the Ord. No. 721-2019. Avenue and Rockwell Avenue that public improvement of tearing down By Council Members Griffin and is deteriorating and needs replace- and removing the radio tower and Kelley (by departmental request). ment; and associated buildings on the Tree An emergency ordinance authoriz- Whereas, Cleveland Thermal, a Farm Property in Brecksville, and ing the Director of Public Health to division of the Corix Group of Com- removing shelters at two other radio enter into one or more contracts panies (“Cleveland Thermal”) has a tower locations and restoring land without competitive bidding with steam main condition in East 6th in all locations; authorizing the the Center for Disease Detection, Street between Lakeside Avenue Director of Public Utilities to enter LLC for the purchase of lab services and Rockwell Avenue that is dete- into one or more public improvement for reproductive health clinics that riorating and needs replacement; contracts for the making of the are needed under the Title X grant, and improvement; authorizing profes- for the Division of Health, Depart- sional services to design; and autho- ment of Public Health, for a period Whereas, due to frequent water of one year. main and steam main breaks at that rizing the purchase by one or more Whereas, the Ohio Department of location, the City of Cleveland and contracts of labor and materials nec- Health will no longer cover certain Cleveland Thermal are looking to essary to implement this ordinance, screening tests for certain patient coordinate their respective infra- for the Department of Public Utili- populations that are in need of structure improvement projects by ties. reproductive health services and the having both mains replaced at the Whereas, the City of Cleveland Center for Disease Detection, LLC is same time by the same contractor; has a radio tower located on PPN the only lab service that contracts and 603-10-004 (the “Tree Farm Proper- with the Ohio Department of Health Whereas, due to the difficulty in ty”) in the City of Brecksville; and to conduct screening tests for our coordinating and performing similar Whereas, the City of Cleveland patients at the reproductive clinics; work by multiple contractors in the wishes to tear down and remove and same work space, the City and that tower and restore the land; and Whereas, this ordinance consti- Cleveland Thermal agree that hav- Whereas, the City also wishes to tutes an emergency measure provid- ing the same contractor perform all remove an old shelter at the radio ing for the usual daily operation of the work is critical thereby elimi- tower located within the Baldwin a municipal department; now, there- nating coordination issues if two Water Treatment Plant property fore, contractors were on site, realizing and an old shelter and fencing locat- Be it ordained by the Council of shared cost savings, and resulting ed within Cleveland Hopkins Inter- the City of Clevelaand: in less disruption to the public dur- national Airport (“CHIA”) property; Section 1. That this Council deter- ing the work; and and mines that the within commodities Whereas, this ordinance consti- Whereas, this ordinance consti- are non-competitive and cannot be tutes an emergency measure provid- tutes an emergency measure provid- secured from any source other than ing for the usual daily operation of ing for the usual daily operation of the Center for Disease Detection, a municipal department; now, there- a municipal department; now, there- LLC. Therefore the Director of Pub- fore, fore, lic Health is authorized to make one Be it ordained by the Council of Be it ordained by the Council of or more written contracts with the the City of Clevelaand: the City of Clevelaand: Center for Disease Detection, in the Section 1. That, notwithstanding Section 1. That, under Section 167 total sum of $52,490 for the purchase any Codified Ordinance to the con- of the Charter of the City of Cleve- of lab services for reproductive trary, the Director of Public Utilities land, this Council determines to health clinics that are needed under is authorized to enter into one or make the public improvement of the Title X grant for a period of one more agreements with Cleveland tearing down and removing the Tree year, on the basis of its quotes Thermal, or its contractor, to replace Farm Property radio tower in the which are placed in File No. 721- the water main in East 6th Street City of Brecksville and removing 2019-A, to be purchased by the Com- between Lakeside Avenue and Rock- associated buildings; removing an missioner of Purchases and well Avenue. old shelter at the radio tower locat- Supplies, for the Division of Health, Section 2. That the agreement or ed within the Baldwin Water Treat- Department of Public Health. The agreements shall be prepared by the ment Plant property; removing an contract or contracts authorized Director of Law. old shelter at the radio tower locat- shall be paid from Fund No. 15 SF Section 3. That, upon execution of ed within Cleveland Hopkins Inter- 069, RQS 5005, RL 2019-48. the agreement authorized above, the national Airport (“CHIA”) property; Section 2. That this ordinance is Director of Public Utilities is autho- and to restore the land at these loca- declared to be an emergency mea- rized to reimburse Cleveland Ther- tions (the “Improvement”), if neces- sure and, provided it receives the mal, or its contractor, for the sary for the Department of Public affirmative vote of two-thirds of all replacement of a water main at East Utilities, by one or more contracts the members elected to Council, it 6th Street between Lakeside Avenue duly let to the lowest responsible 920 June 5, 2019 The City Record 15 bidder or bidders after competitive Section 8. That this ordinance is affirmative vote of two-thirds of all bidding for a gross price for the declared to be an emergency mea- the members elected to Council, it Improvement. sure and, provided it receives the shall take effect and be in force Section 2. That the Director of affirmative vote of two-thirds of all immediately upon its passage and Public Utilities is authorized to the members elected to Council, it approval by the Mayor; otherwise it enter into one or more contracts for shall take effect and be in force shall take effect and be in force the making of the Improvement immediately upon its passage and from and after the earliest period with the lowest responsible bidder approval by the Mayor; otherwise it allowed by law. or bidders after competitive bidding shall take effect and be in force Referred to Directors of Public for a gross price for the Improve- from and after the earliest period Utilities, Finance, Law; Committees ment, provided, however, that each allowed by law. on Utilities, Finance. separate trade and each distinct Referred to Directors of Public component part of the Improvement Utilities, City Planning Commission, Ord. No. 725-2019. may be treated as a separate Finance, Law; Committees on Utili- By Council Members Johnson, improvement, and each, or any com- ties, Finance. Brancatelli and Kelley (by depart- bination, of the trades or compo- mental request). nents may be the subject of a Ord. No. 724-2019. An emergency ordinance authoriz- separate contract for a gross price. By Council Members Keane and ing the Director of Public Works to On request of the Director, the con- Kelley (by departmental request). enter into one or more agreements tractor shall furnish a correct sched- An emergency ordinance authoriz- with West Creek Conservancy, or its ule of unit prices, including profit ing the purchase by one or more designee, regarding the Mill Creek and overhead, for all items consti- requirement contracts of hauling stream restoration project at Cleve- tuting units of the Improvement. and disposal of water treatment land Enterprise Park in the Village Section 3. That the Director of plant residuals, for the Division of of Highland Hills; and authorizing Public Utilities is authorized to Water, Department of Public Utili- the Director to execute a deed of employ by contract or contracts one ties, for a period of two years. conservation easement and two or more consultants or one or more Whereas, this ordinance consti- deeds of temporary easement grant- firms of consultants for the purpose tutes an emergency measure provid- ing to West Creek Conservancy, or of supplementing the regularly ing for the usual daily operation of its designee, certain easement rights employed staff of the several depart- a municipal department; now, there- in property at the project location; fore, ments of the City of Cleveland in and declaring the easement rights Be it ordained by the Council of order to provide professional ser- not needed for the City’s public use. the City of Clevelaand: vices necessary to design the Whereas, the West Creek Conser- Section 1. That the Director of Improvement. vancy (“West Creek”) was awarded Public Utilities is authorized to The selection of the consultant or grant funds from the Ohio Environ- make one or more written require- mental Protection Agency (“Ohio consultants for the services shall be ment contracts under the Charter made by the Board of Control on the EPA”) to perform stream and flood- and the Codified Ordinances of plain restoration work on Mill nomination of the Director of Public Cleveland, Ohio, 1976, for the Utilities from a list of qualified con- Creek; and requirements for a period of two Whereas, the segment of Mill sultants available for employment years of the necessary items of haul- as may be determined after a full Creek to be restored is within the ing and disposal of water treatment Village of Highland Hills between and complete canvass by the Direc- plant residuals, in the approximate Harvard Road and Mill Creek Boule- tor of Public Utilities for the pur- amount as purchased during the pre- vard and is on property owned by pose of compiling a list. The ceding term, to be purchased by the the City of Cleveland; and compensation to be paid for the ser- Commissioner of Purchases and Sup- Whereas, this ordinance consti- vices shall be fixed by the Board of plies on a unit basis for the Divi- tutes an emergency measure provid- Control. The contract or contracts sion of Water, Department of Public ing for the usual daily operation of authorized shall be prepared by the Utilities. Bids shall be taken in a a municipal department; now, there- Director of Law, approved by the manner that permits an award to be fore, Director of Public Utilities, and cer- made for all items as a single con- Be it ordained by the Council of tified by the Director of Finance. tract, or by separate contract for the City of Clevelaand: Section 4. That the Director of each or any combination of the items as the Board of Control deter- Section 1. That the Director of Public Utilities is authorized to Public Works is authorized to enter apply and pay for permits, licenses, mines. Alternate bids for a period less than the specified term may be into one or more agreements with or other authorizations required by West Creek Conservancy, or its any regulatory agency or public taken if desired by the Commis- sioner of Purchases and Supplies designee, regarding the Mill Creek authority to permit performance of stream restoration project at Cleve- the work authorized by this ordi- until provision is made for the requirements for the entire term. land Enterprise Park in the Village nance. Section 2. That the costs of the of Highland Hills. Section 5. That the Director of contract or contracts shall be Section 2. That, notwithstanding Public Utilities is authorized to charged against the proper appro- and as an exception to the provi- make one or more written contracts priation accounts and the Director sions of Chapters 181 and 183 of the under the Charter and the Codified of Finance shall certify the amount Codified Ordinances of Cleveland, Ordinances of Cleveland, Ohio, 1976, of any purchase under the contract, Ohio, 1976, it is found and deter- for labor, materials, equipment, sup- each of which purchases shall be mined that two temporary easement plies and services needed to imple- made on order of the Commissioner interests located near the project ment this ordinance, to be purchased of Purchases and Supplies by a site are not needed for the City’s by the Commissioner of Purchases delivery order issued against the public use and are further described and Supplies for a gross price, for contract or contracts and certified as follows: the Department of Public Utilities. by the Director of Finance. (RQN Section 6. That under Section 2002, RL 2019-15) LEGAL DESCRIPTIONS 108(b) of the Charter, the purchases Section 3. That under Section TEMPORARY CONSTRUCTION authorized by this ordinance may be 108(b) of the Charter, the purchases EASEMENTS WITHIN CITY OF made through cooperative arrange- authorized by this ordinance may be CLEVELAND’S LAND ments with other governmental made through cooperative agree- PP #751-01-016 and #751-01-026 agencies. The Director of Public ments with other governmental HARVARD AVE. & MILCREEK Utilities may sign all documents agencies. The Director of Public BLVD. that are necessary to make the pur- Utilities may sign all documents VILLAGE OF HIGHLAND HILLS chases, and may enter into one or that are necessary to make the pur- COUNTY OF CUYAHOGA, OHIO more contracts with the vendors chases, and may enter into one or selected through that cooperative more contracts with the vendors Easement No. 1 process. selected through that cooperative Situated in the Village of High- Section 7. That the cost of this process. land Hills, County of Cuyahoga and ordinance and other expenditures Section 4. That this ordinance is State of Ohio and known as being shall be paid from Fund No. 50 SF declared to be an emergency mea- part of Parcel No. 5 in Cleveland 002, RQS 2001, RL 2019-37. sure and, provided it receives the Enterprise Park Re-Subdivision of 921 16 The City Record June 5, 2019

Phase 1 of part of Original War- Easement No. 2 Sheehy, Registered Surveyor #7849 rensville Township Lots Nos. 66 and Together with a 0.6885 of an acre of Chagrin Valley Engineering, Ltd., 76, as shown by the recorded plat in (29,991 sq. ft.) Temporary Construc- in April, 2019, be the same more or Volume 295 of Maps, Page 88 of tion Easement, described as follows; less; Cuyahoga County Records and Situated in the Village of High- Basis of Bearing for this legal being a 1.8339 acres (79,883 sq. ft.) land Hills, County of Cuyahoga and description is North 87°03'55" West Temporary Construction Easement State of Ohio and known as being as the centerline of Harvard Road located within a 5.1572 acres part of Parcel No. 8 in Cleveland (width varies) as evidence by mon- (224,646 sq. ft.) of land as conveyed Enterprise Park Re-Subdivision of uments round and shown hereon and to the City of Cleveland, of Perma- Phase 1 of part of Original War- is the same as calculated and repro- nent Parcel #751-01-016, by plat rensville Township Lots Nos. 76 and duced from Ohio State Plane Coor- dated November 30th, 1998 as record- 77, as shown by the recorded plat in dinate System North Zone by ties to ed in Cleveland Enterprise Park Re- Volume 295 of Maps, Page 88 of the O.D.O.T. VRS Network. Subdivision of Phase 1 in Cuyahoga Cuyahoga County Records and Section 3. That, notwithstanding County Map Records Volume 295, being a 0.6885 acres (29,991 sq. ft.) and as an exception to the provi- Pages 88, and of Cuyahoga County Temporary Construction Easement sions of Chapters 181 and 183 of the Tax Map Records and further located within a 1.6403 acres (71,452 Codified Ordinances of Cleveland, bounded and described as follows; sq. ft.) of land as conveyed to the Ohio, 1976, it is found and deter- Beginning at the Southeast corner City of Cleveland, of Permanent Par- mined that a permanent conserva- of said Permanent Parcel #751-01- cel #751-01-026, by plat dated Novem- tion easement interest located at the 016, as shown on said Cleveland ber 30th, 1998 as recorded in project site is not needed for the Enterprise Park Re-Subdivision of Cleveland Enterprise Park Re-Sub- City’s public use and is further Phase 1 as Parcel 5, along the division of Phase 1 in Cuyahoga described as follows: northerly side of Millcreek Boule- County Map Records Volume 295, vard (Width Varies), and being the Page 88, and of Cuyahoga County LEGAL DESCRIPTION place of beginning; Tax Map Records and further PERPETUAL STREAM CONSERVATION EASEMENT Thence along a curve deflecting bounded and described as follows; to the right, 51.87 feet, said curve WITHIN CITY OF CLEVELAND’S Beginning at the Southeast corner having a radius of 457.43 feet, a tan- LAND of said Permanent Parcel #751-01- gent of 25.97 feet, a delta of 6°29'52" PP #751-01-016, #751-01-017, #751-01- 026, as shown on the Cleveland and a chord which bears North 018, & #751-01-026 Enterprise Park Re-Subdivision of 57°23'40" West, a distance of 51.85 HARVARD AVE. & MILCREEK Phase 1, along the northerly side of feet along the Southerly line of said BLVD. Millcreek Boulevard (Width Varies), Permanent Parcel #751-01-016, as VILLAGE OF HIGHLAND HILLS and being the Principal Place of shown on said Cleveland Enterprise COUNTY OF CUYAHOGA, OHIO Beginning of the Premises herein Park Re-Subdivision of Phase 1 as Situated in the Village of High- intended to be described; Parcel 5, to a point and being the land Hills, County of Cuyahoga and Temporary Place of Beginning of State of Ohio and known as being the Premises herein intended to be COURSE I part of Parcel No. 2, Parcel No. 4, described; Thence along a curve deflecting Parcel No. 5, & Parcel No. 8 in to the left, 145.64 feet, said curve Cleveland Enterprise Park Re-Sub- COURSE I having a radius of 839.12 feet, a tan- division of Phase 1 of part of Orig- Thence along a curve deflecting gent of 73.00 feet, a delta of 9°56'41" inal Warrensville Township Lots to the right, 193.23 feet, said curve and a chord which bears South Nos. 66, 67, 76, and 77, as shown by having a radius of 457.43 feet, a tan- 80°08'40" West, a distance of 145.46 the recorded plat in Volume 295 of gent of 98.08 feet, a delta of feet along the Northerly line of said Maps, Pages 88 and 89 of Cuyahoga 24°12'13" and a chord which bears Millcreek Boulevard (Width Varies), County Records and being a 8.0314 North 42°02'38" West, a distance of as shown on said Cleveland Enter- acres (349,846 sq. ft.) Perpetual 191.80 feet along the Northerly line prise Park Re-Subdivision of Phase Stream Conservation Easement of said Millcreek Boulevard (Width 1, to a point; located within a combined 24.4820 Varies), as shown on said Cleveland acres (1,066,436 sq. ft.) of land as Enterprise Park Re-Subdivision of COURSE II conveyed to the City of Cleveland, Phase 1 to a point; Thence South 75°10'20" West, part of Permanent Parcel #751-01-016 along the Northerly line of said Mill- including 0.4985 acres Stream Con- COURSE II creek Boulevard (Width Varies), as servation Easement of the 5.1572 Thence North 15°23'30" West, shown on said Cleveland Enterprise acres, part of Permanent Parcel along the Easterly line of said Mill- Park Re-Subdivision of Phase 1 a #751-01-017 including 4.7957 acres creek Boulevard (Width Varies), as distance of 79.37 feet to a point; Stream Conservation Easement of shown on said Cleveland Enterprise the 8.7321 acres, part of Permanent Park Re-Subdivision of Phase 1 a COURSE III Parcel #751-01-018 including 1.7854 distance of 50.43 feet to a point; Thence North 14°32'00" East a dis- acres Stream Conservation Ease- tance of 196.76 feet to a point on the ment of the 8.9524 acres, & part of COURSE III Southerly line of Permanent Parcel Permanent Parcel #751-01-026 includ- Thence North 23°40'52" West, #751-01-017, as shown on said Cleve- ing 0.9518 acres Stream Conserva- along the Easterly line of said Mill- land Enterprise Park Re-Subdivision tion Easement of the 1.6403 acres, by creek Boulevard (Width Varies), as of Phase 1 as Parcel 2; plat dated November 30th, 1998 as shown on the Cleveland Enterprise recorded in Cleveland Enterprise Park Re-Subdivision of Phase 1 a COURSE IV Park Re-Subdivision of Phase 1 in distance of 223.94 feet to a point; Thence South 87°33'28" East, Cuyahoga County Map Records Vol- along the Southerly line of said Per- ume 295, Pages 88-89, and of Cuya- COURSE IV manent Parcel #751-01-017, as shown hoga County Tax Map Records and Thence North 89°50'36" East a dis- on said Cleveland Enterprise Park further bounded and described as tance of 355.17 feet to a point; Re-Subdivision of Phase 1 as Parcel follows; 2, a distance of 158.98 feet to a 5/8" Beginning at the Southwest corner COURSE V iron pin found capped PS#7176 of said Permanent Parcel #751-01- Thence South 17°15'43" West, a (0.16'E/0.08'S) on the Northeast cor- 017, as shown on the Cleveland distance of 415.84 feet to a point also ner of said parcel; Enterprise Park Re-Subdivision of the Principle Place of Beginning Phase 1 as Parcel 2, along the and containing 1.8339 acres (79,883 COURSE V northerly side of Millcreek Boule- sq. ft.) Temporary Construction Thence South 4°53'00" East, a dis- vard (width varies), and being the Easement located within a 5.1572 tance of 138.99 feet to a point also Principal Place of Beginning of the acres (224,646 sq. ft.) of land as cal- the Principle Place of Beginning Premises herein intended to be culated and described by Donald F. and containing 0.6885 acres (29,991 described; Sheehy, Registered Surveyor #7849 sq. ft.) Temporary Construction of Chagrin Valley Engineering, Ltd., Easement located within a 1.6403 COURSE I in April, 2019, be the same more or acres (71,452 sq. ft.) of land as cal- Thence along a curve deflecting less; culated and described by Donald F. to the right, 51.87 feet, said curve 922 June 5, 2019 The City Record 17 having a radius of 457.43 feet, a tan- Boulevard (Width Varies), as shown the land and for West Creek’s main- gent of 25.97 feet, a delta of 6°29'52" on said Cleveland Enterprise Park Re- tenance of the site in perpetuity. and a chord which bears North Subdivision of Phase 1, a distance of Section 6. That the purpose of the 57°23'40" West, a distance of 51.85 10.40 feet to a point; temporary easements shall be for feet along the Northerly line of said access to the construction site, con- Millcreek Boulevard (Width Varies), COURSE IX struction staging, and related con- as shown on the Cleveland Enter- Thence along a curve deflecting struction activities. prise Park Re-Subdivision of Phase to the right, 199.81 feet, said curve Section 7. That the duration of the 1 to a point; having a radius of 457.50 feet, a tan- permanent conservation easement gent of 101.52 feet, a delta of shall be perpetual; that the duration COURSE II 25°01'25" and a chord which bears of the temporary easements shall be Thence North 17°15'43" East a dis- South 87°41'03" West, a distance of until the Mill Creek improvement tance of 508.99 feet to a point; 198.23 feet along the Northerly line project is completed; that the per- of said Millcreek Boulevard (Width manent conservation easement and COURSE III Varies), as shown on said Cleveland temporary easements shall include Thence North 6°21'40" West a dis- Enterprise Park Re-Subdivision of reasonable right of entry rights to tance of 270.00 feet to a point; Phase 1, to a point; the City; that the permanent con- servation easement and temporary COURSE IV COURSE X easements shall not be assignable Thence along a curve deflecting Thence along a curve deflecting without the consent of the Director to the right, 308.44 feet, said curve to the right, 153.03 feet, said curve of Public Works; that the permanent having a radius of 1,869.86 feet, a having a radius of 457.49 feet, a tan- conservation easement and tempo- tangent of 154.57 feet, a delta of gent of 77.24 feet, a delta of rary easements shall require that 9°27'04" and a chord which bears 19°09'57" and a chord which bears West Creek or its contractor provide North 84°27'34" East, a distance of North 70°13'17" West, a distance of reasonable insurance, and pay any 308.09 feet along the Southerly line 152.32 feet along the Southerly line applicable taxes and assessments. of said Harvard Road (Width of said Permanent Parcel #751-01- Section 8. That the conveyances Varies), as shown on said Cleveland 017, as shown on said Cleveland referred to above shall be made by Enterprise Park Re-Subdivision of Enterprise Park Re-Subdivision of official deed of conservation ease- Phase 1 to a 5/8" iron pin found Phase 1 to a point also the Princi- ment and official deeds of tempo- capped PS#7176 (0.01'W/0.10'S); ple Place of Beginning and contain- rary easement prepared by the ing 8.0314 of an acre (349,846 sq. ft.) Director of Law and executed by the COURSE V Perpetual Stream Conservation Director of Public Works on behalf Thence South 89°20'41" East, Easement of land as calculated and of the City of Cleveland. The deed along the Southerly line of said Har- described by Donald F. Sheehy, Reg- of conservation easement and the vard Road (Width Varies), as istered Surveyor #7849 of Chagrin deeds of temporary easement shall shown on said Cleveland Enterprise Valley Engineering, Ltd., in April, contain any additional terms and Park Re-Subdivision of Phase 1 a 2019, be the same more or less; conditions as are required to protect distance of 113.60 feet to a 5/8" iron Basis of Bearing for this legal the interest of the City. The Direc- pin found capped PS#7176 description is North 87°03'55" West tors of Public Works and Law are (0.08'W/0.11'S) at the Northeasterly as the centerline of Harvard Road authorized to execute any other doc- corner of Permanent Parcel #751-01- (width varies) as evidence by mon- uments, including without limita- 017; uments round and shown hereon and tion, contracts for right of entry, as is the same as calculated and repro- may be necessary to effect this ordi- COURSE VI duced from Ohio State Plane Coor- nance. Thence South 87°23'01" East, dinate System North Zone by ties to Section 9. That this ordinance is along the Southerly line of said Har- the O.D.O.T. VRS Network. declared to be an emergency mea- vard Road (Width Varies), as Section 4. That by and at the sure and, provided it receives the shown on said Cleveland Enterprise direction of the Board of Control, affirmative vote of two-thirds of all Park Re-Subdivision of Phase 1, a the Commissioner of Purchases and the members elected to Council, it distance of 73.75 feet to a point; Supplies is authorized to convey the shall take effect and be in force above-described non-exclusive per- immediately upon its passage and COURSE VII manent conservation easement inter- approval by the Mayor; otherwise it Thence South 14°32'00" West a est and the two exclusive temporary shall take effect and be in force distance of 876.34 feet to a point on easement interests to West Creek at from and after the earliest period the Northerly line of Millcreek a price of $1.00 and other valuable allowed by law. Boulevard (Width Varies); consideration which is determined Referred to Directors of Public to be fair market value. Works, Finance, Law; Committees COURSE VIII Section 5. That the purpose of the on Municipal Services and Proper- Thence South 75°10'20" West, along permanent conservation easement ties, Development Planning and Sus- the Northerly line of said Millcreek shall be to restrict development of tainability, Finance.

Ord. No. 726-2019. By Council Members Johnson and Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Works is authorized to make one or more written standard purchase and written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, the period of requirements to be determined by the Director, for the necessary items required for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including labor and materials necessary for vehicle rehabilitation, training, and inspections, as needed, in the estimated sum of $6,556,000, to be purchased or procured by the Commissioner of Purchases and Supplies on a unit basis for the various divisions of City government, as described below:

923 18 The City Record June 5, 2019

2019 Enterprise Capital Vehicle Plan Description of Equipment

Item Item Division Quantity Estimated Extended Number Description Cost Estimated Cost

1 Air Compressor Water 6 $38,000 $228,000 2 Edge Sealer Machine Water 1 $56,000 $56,000 3 Fork Lift –Propane Water 1 $40,000 $40,000 4 Wheel Loader Water 1 $180,000 $180,000 5 Sedan Water 1 $27,500 $27,500 6 SUV Water 8 $36,000 $288,000 7 Cargo Van-150 Water 13 $37,500 $487,500 8 Large USV type A Water 4 $165,000 $660,000 9 Large USV type B Water 2 $240,000 $480,000 10 Mini Van Transit Water 4 $42,000 $168,000 11 Pickup Truck Water 13 $42,000 $546,000 12 Tandem Axle Dump Water 2 $250,000 $500,000 13 Valve Turner Truck Water 3 $67,333 $202,000

WATER TOTAL $3,863,000

14 Crew Truck WPC 2 $165,000 $330,000 15 Sewer Cleaning Equip WPC 1 $450,000 $450,000 16 Backhoe w/Trailer WPC 1 $275,000 $275,000 17 Wheel Loader WPC 1 $180,000 $180,000

WPC TOTAL $1,235,000

18 Support Vehicles CPP 6 $33,000 $198,000 19 Pickup Truck F250 CPP 2 $40,000 $80,000 20 Dump Truck HD CPP 1 $90,000 $90,000 21 Bucket Truck 60’ Knuckle CPP 1 $300,000 $300,000 22 Bucket Truck 47’ Knuckle CPP 1 $156,000 $156,000 23 Stake Body Truck CPP 1 $50,000 $50,000 24 Mini Excavator CPP 1 $115,000 $115,000 25 Trailer CPP 1 $19,000 $19,000

CPP TOTAL $1,008,000

26 SUV Ports 1 $32,000 $32,000 27 SUV-Full Size Ports 1 $40,000 $40,000 28 Tractor Ports 2 $89,500 $179,000 29 Tractor Attachment Ports 2 $20,000 $40,000 30 Crack Sealer Ports 2 $54,500 $109,000 31 Pickup 4X4 Ports 1 $50,000 $50,000

Ports Total $450,000

Grand Total $6,556,000

Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Sup- plies until provision is made for the requirements for the entire term. Section 2. That the Director is authorized to accept funds from the Northeast Ohio Regional Sewer District for the Community Cost share Program to pay for the costs of the Water Pollution Control vehicles eligible under the program for reimbursement; and that the funds are appropriated for this purpose. Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the ven- dors selected through that cooperative process. Section 4. That the costs of the requirement contract or contracts shall be charged against the proper appro- priation accounts and the Director of Finance shall certify the amount of any purchase under the contract, each 924 June 5, 2019 The City Record 19 of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. Section 5. That the cost of the standard contracts authorized shall be paid from Fund Nos. 52 SF 001, 54 SF 001, 54 SF 275, 58 SF 001, 60 SF 104, and any funds approved by the Director of Finance. (RQS 7015, RL 2019- 53) 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. Referred to Directors of Public Works, Finance, Law; Committees on Municipal Services and Properties, Finance.

Ord. No. 727-2019. By Council Members Johnson and Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the Direc- tor of Public Works. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Works is authorized to make one or more written standard purchase con- tracts and requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, the peri- od of requirements to be determined by the Director, for the necessary items required for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including labor and materials necessary for vehicle rehabilitation, training, and inspections, as needed, in the estimated sum of $9,222,500, to be purchased or procured by the Commissioner of Purchases and Supplies on a unit basis for the various divisions of City government, as described below:

2019 Capital Vehicle Plan Description of Equipment

Item Division Quantity Estimated Cost Extended Description Estimated Cost Public Works TRUCKS HEAVY(B)-Rear Loader w/Cart Tipper Waste Collection 10 $200,000.00 $2,000,000.00 Light Duty Truck-Pickup Waste Collection 4 $35,000.00 $140,000.00 ______Waste Collection Total $2,140,000 Light Truck (B) MVM 1 $65,000.00 $65,000.00 ______MVM Total $65,000 Loader Streets 1 $240,000.00 $240,000.00 ______Streets Total $240,000 Passenger Van Recreation 1 $35,000.00 $35,000.00 ______Recreation Total $35,000 Park Truck-Heavy-Rear-Loader Maintenance 1 $200,000.00 200,000.00 Park Chipper Maintenance 1 $65,000.00 $65,000.00 Park Light Truck Maintenance 2 $35,000.00 $70,000.00 ______Park Maintenance Total $335,000 Light Truck ITS 2 $40,000.00 $80,000.00 ______ITS Total $80,000 ______Public Works Total $2,895,000

Public Safety Animal Light Truck w/Animal Transport Module Control 2 $65,000.00 $130,000.00 ______Animal Control Total $130,000 925 20 The City Record June 5, 2019

Light Truck Safety IT 1 $35,000.00 $35,000.00 ______Safety IT Total $35,000.00 Passenger Car Marked w/Police pkg Police 20 $46,000.00 $920,000.00 Passenger Car Unmarked w/Police pkg Police 10 $25,000.00 $250,000.00 SUV - Marked w/Police pkg Police 25 $52,100.00 $1,302,500.00 SUV-Full Size w/Police pkg Police 2 $60,000.00 $120,000.00 ______Police Total $2,592,500 Ambulance EMS 2 $280,000.00 $560,000.00 Light Truck-SUV EMS 1 $60,000.00 $60,000.00 ______EMS Total $620,000 Aerial Platform Fire 1 $1,300,000.00 $1,300,000.00 Pumper Fire 3 $550,000.00 $1,650,000.00 ______Fire Total $2,950,000 ______Public Safety Total $6,327,500

______Total $9,222,500.00

Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Sup- plies until provision is made for the requirements for the entire term. Section 2. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the ven- dors selected through that cooperative process. Section 3. That the costs of the requirement contract or contracts shall be charged against the proper appro- priation accounts and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. Section 4. That the cost of the standard contracts authorized shall be paid from Fund Nos. 01-0117-6950, and any other funds approved by the Director of Finance. (RQS 7015, RL 2019-52) Section 5. 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. Referred to Directors of Public Works, Finance, Law; Committees on Municipal Services and Properties, Finance.

Ord. No. 728-2019. Be it ordained by the Council of purpose of providing office space for By Council Member Kelley (by the City of Clevelaand: the Adult Probation Department of the departmental request). Section 1. That notwithstanding Cleveland Municipal Court to furnish An emergency ordinance authoriz- and as an exception to the provi- probationary services to the ing the Director of Finance, on sions of Chapters 181 and 183 of the neighborhood. behalf of the Cleveland Municipal Codified Ordinances of Cleveland, Section 5. That the lease may pro- Court, to lease property at 1449 West Ohio, 1976, the Director of Finance, vide for the City’s payment of appro- 117th Street from Montlack Realty, on behalf of the Cleveland Munici- priate utility and other operating Co., or its designees, for the purpose pal Court, beginning June 1, 2019, is costs of the leased premises. of providing office space for the authorized to lease from Montlack Section 6. That the lease shall be Adult Probation Department of the Realty, Co., or its designees, certain prepared by the Director of Law. Cleveland Municipal Court, for a property more fully described as fol- Section 7. That the Director of term of one year, with one option to lows: Building 1, Space A, at 1449 Finance, on behalf of the Cleveland renew, exercisable by the Director West 117th Street, consisting of Municipal Court, and the Director of of Finance, on behalf of the Cleve- approximately 4,251 square feet, for Law, and other appropriate City offi- land Municipal Court. office space for the Adult Probation cials, are authorized to execute Whereas, the City of Cleveland Department of the Cleveland Munic- other documents and certificates, requires certain property located at ipal Court. and take other actions necessary or 1449 West 117th Street for the pub- Section 2. That the term of the appropriate to effect the lease lic purpose of providing office space lease authorized shall be for a term authorized by this ordinance. for the Adult Probation Department of one year, with one option to Section 8. That the costs of the of the Cleveland Municipal Court to renew, exercisable by the Director lease shall be paid from Fund Nos. furnish probationary services to the of Finance, on behalf of the Cleve- 10 SF 085 and 10 SF 175, RQS 0115, neighborhood; and land Municipal Court. RQS 0115, RL 2019-65. Whereas, Montlack Realty, Co., or Section 3. That the rent for the Section 9. That this ordinance is its designees, has proposed to lease lease authorized shall be $64,656.00, declared to be an emergency mea- the property to the City of Cleve- payable in equal monthly install- sure and, provided it receives the land; and ments. affirmative vote of two-thirds of all Whereas, this ordinance consti- Section 4. That the lease may the members elected to Council, it tutes an emergency measure provid- authorize the City to make shall take effect and be in force ing for the usual daily operation of improvements to the leased premises immediately upon its passage and a municipal department; now, there- under terms to be determined by the approval by the Mayor; otherwise it fore, parties consistent with the public shall take effect and be in force 926 June 5, 2019 The City Record 21 from and after the earliest period LEGAL DESCRIPTION OF A Section 4d. That the Director of allowed by law. 0.0654 ACRE Capital Projects is authorized to Referred to Directors of City Plan- RESIDUAL PARCEL ALONG execute any documents as may be ning Commission, Finance, Law; WEST 73RD STREET necessary to effectuate the purposes Committee on Finance. TO BE SOLD BY THE of this ordinance. CITY OF CLEVELAND Section 4. That this ordinance is Ord. No. 746-2019. TO BATTERY PARK declared to be an emergency mea- By Council Member Zone. DEVELOPMENT LLC sure and, provided it receives the An emergency ordinance to amend Situated in the City of Cleveland, affirmative vote of two-thirds of all the title and Section 1 of Ordinance County of Cuyahoga and State of the members elected to Council, it No. 999-14, passed August 20, 2014; Ohio, and known as being part of shall take effect and be in force and to supplement the ordinance by Original Brooklyn Township Lot immediately upon its passage and adding new Sections 4a., 4b., 4c., and Numbers 30 and 31 and further approval by the Mayor; otherwise it 4d., to add the sale of property, bounded and described as follows: shall take effect and be in force relating to the public improvement Beginning at an iron pin monu- from and after the earliest period of reconstructing West 73rd Street. ment marking the centerline inter- allowed by law. Whereas, this ordinance consti- section of Father Frascati Avenue Referred to Directors of Capital tutes an emergency measure provid- (variable width) and West 73rd Projects, City Planning Commission, ing for the usual daily operation of Street (50 feet wide); Finance, Law; Committees on Munic- a municipal department; now, there- Thence N 00°33'18" E, along said ipal Services and Properties, Devel- fore, centerline of West 73rd Street, a dis- opment Planning and Sustainability, Be it ordained by the Council of tance of 30.11 feet to its point of Finance. the City of Clevelaand: intersection with the extension of Section 1. That the title and Sec- the northerly line of said Father Ord. No. 747-2019. tion 1 of Ordinance No. 999-14, Frascati Avenue; By Council Members Griffin, Kel- passed August 20, 2014, are amend- Thence S 89°58'42" W, along said ley, McCormack and Mayor Jackson. ed to read as follows: extension of the northerly line of An emergency ordinance to repeal An Emergency Ordinance deter- Father Frascati Avenue, a distance various sections of Chapters 365 and mining the method of making the of 25.00 feet to its point of intersec- 240 of the Codified Ordinances of public improvement of reconstruct- tion with the westerly line of said Cleveland Ohio, 1976 as amended by ing West 73rd Street and Father West 73rd Street, said point being various ordinances and to supple- Frascati Drive extending Battery the principal point of beginning of ment the Codified Ordinances by Park Avenue between West 73rd the premises herein intended to be enacting new Sections 365.01 Street and West 70th Street, includ- described; through 365.09, 240.01, 240.08, and ing streetscape improvements on 240.09, and by amending Sections West 70th Street; authorizing the Course No. 1: 240.03, 240.05, 240.06, 240.07, 367.12, Director of Capital Projects to enter Thence continuing S 89°58'42" W, 367.99, 371.01, 375.08, and 3107.06, as into one or more public improvement along the said northerly line of amended by various ordinances, contracts for the making of the Father Frascati Avenue a distance related to rental registration, cer- improvement; authorizing one or of 23.00 feet to a point; tain residential rental units required more contracts with C.W. Courtney to be certified lead-safe, lead haz- Company to design the improve- Course No. 2: ards and lead poisoning prevention. ment; authorizing the Commissioner Thence N 00°33'18" E, parallel Whereas, this Council finds that of Purchases and Supplies to sell with the said westerly line of West lead poisoning is a serious threat to City-owned property no longer need- 73rd Street, a distance of 9l.52 feet the health of children and, although ed for public use located northwest to a point; lead-based paint was banned in the of West 73rd Street and Father Fras- United States in 1978, lead-based cati Drive to Battery Park Develop- Course No. 3: paint is still the number one source ment LLC for future redevelopment; Thence N 20°02'31"E, a distance authorizing the Commissioner of of 68.94 feet to a point on the west- of lead exposure in the country; and Whereas, the majority of residen- Purchases and Supplies to acquire erly line of West 73rd Street vacat- tial structures in the City were orig- for right-of-way purposes real prop- ed by City of Cleveland Ordinance inally constructed prior to January erty; authorizing the Director to 706-15, passed July 22, 2015; 1, 1978 and are, therefore, more like- apply for and accept gifts and ly to have lead-based paint hazards; grants from any public or private Course No. 4: and entity, to accept cash contributions, Thence S 00°33'18"W along said Whereas, children living in resi- westerly line of West 73rd Street, a and to enter into any agreements to dential rental units built before 1978 distance of 156.28 feet to the princi- implement t the improvement. are disproportionately at risk for pal point of beginning and contain- Section 1. That, under Section 167 unsafe levels of lead exposure from of the Charter and the City of Cleve- ing 0.0654 acre of land as described lead-based paint hazards; and land, this Council determines to by John E. Jansky, Registered Sur- Whereas, exposure to lead is most make the public improvement of veyor Number 6640 of The C. W. dangerous to children under 6 years reconstructing West 73rd Street Courtney Company, in June 2014, be of age due to their still developing from Detroit Avenue to Father Fras- the same or less, but subjected to neurological systems; and cati Drive and Father Frascati all legal highways. Whereas, in Cleveland, dangerous Drive Battery Park Avenue from Bearings used herein are based on levels of lead in a child’s blood is West 73rd Street to West 70th Street, assumed meridian and are used to mostly due to exposure to lead including streetscape improvements indicate angles only. through deteriorating paint condi- on West 70th Street (the “Improve- Section 4b. That by and at the tions and from soil; and ment”), for the Department of Capi- direction of the Board of Control, Whereas, this Council finds that, tal Projects, by one or more the Commissioner of Purchases and although there is no safe level of contracts duly let to the lowest Supplies is authorized to sell the lead in the human body, current fed- responsible bidder or bidders after above-described property to Battery eral guidelines consider 5 or more competitive bidding on a unit basis Park Development LLC (the “Rede- micrograms per deciliter of lead in for the Improvement. veloper”) at a price not less than the a child’s blood to be dangerous and Section 2. That the existing title appraised value of $86,655, which is raises concerns of lead poisoning; and Section 1 of Ordinance No. 999- determined to be fair market value. and 14, passed August 20, 2014, are Section 4c. That the conveyance Whereas, in 2018, more than 1,230 repealed. shall be made by official deed pre- Cleveland children under 6 years of Section 3. That Ordinance No. 999- pared by the Director of Law and age that were tested were shown to 14, passed August 20, 2014, is sup- executed by the Mayor on behalf of have 5 or more micrograms per plemented by adding new Sections the City of Cleveland. The deed deciliter of lead in their blood; and 4a., 4b., 4c., and 4d., to read as fol- shall contain necessary provisions, Whereas, further, this Council lows: including restrictive reversionary finds that lead can accumulate in Section 4a. That notwithstanding interests as may be specified by the the brain, kidneys, blood and bones and as an exception to the provi- Board of Control or Director of Law, and can cause learning disabilities, sions of Chapter 181 and 183 of the which shall protect the City’s inter- language delays, hearing problems Codified Ordinances of Cleveland, ests and shall specifically contain a and behavioral problems; and Ohio, 1976, it is found and deter- provision against the erection of Whereas, one goal of Cleveland’s mined that the following described any advertising signs or billboards Healthy Homes Initiative is to property is no longer needed for the except permitted identification reduce and prevent lead poisoning; City’s public use: signs. and 927 22 The City Record June 5, 2019

Whereas, this Council believes (d) “Director” means the Director application shall include, but is not that requiring all residential rental of Building and Housing. limited to, the following: units constructed before January 1, (e) “Lead-based paint” means any (1) The name, address, telephone 1978 to have lead-safe certification paint or other similar surface-coat- number and email address of the will help to decrease the incidences ing substance containing lead at or owner or owners of the premises. If of lead poisoning in the City’s chil- in excess of the level that is haz- a partnership, the names, addresses, dren; and ardous to human health as set forth telephone numbers and email Whereas, on May 1, 2019, the Pol- in Rule 3701-32-19 of the Ohio Admin- addresses of all general partners. If icy Committee of the Lead Safe istrative Code (OAC) as it may be a corporation, the names, addresses, Cleveland Coalition submitted 33 hereafter amended. telephone numbers and email policy recommendations to this (f) “Lead hazard” means material addresses of the current statutory Council for consideration, which pol- that is likely to cause lead exposure agent and all corporate officers of icy recommendations have been duly and endanger an individual’s health the corporation. The address for cor- considered and are placed in File as set forth in OAC Rule 3701-32-19. porations and partnerships shall be No. 747-2019-A; and Lead hazard includes lead-based the principal place of business and Whereas, this Council recognizes paint, lead-contaminated dust, lead- the address for persons shall be the that these policy recommendations contaminated soil and lead-contami- home address; aim to enhance and improve lead nated water pipes. (2) The name, address, telephone safe efforts of the City and the (g) “Lead inspector” means any number and email address of the Coalition through implementation of individual licensed under RC Chap- managing agent of the premises, if a lead safe certification program, ter 3742 who conducts a lead inspec- any. If a partnership, the names, and further suggest improvements tion, provides professional advice addresses, telephone numbers and to lead screening and testing, treat- regarding a lead inspection, or pre- email addresses of the current statu- ment, intervention, education and pares a report explaining the results tory agent and all corporate officers outreach; and of a lead inspection. of the corporation. The address for Whereas, this ordinance consti- (h) “Lead risk assessment” means corporations and partnerships shall tutes an emergency measure provid- an on-site investigation to determine be the principal place of business ing for the immediate preservation and report the existence, nature, and the address for persons shall be of the public peace, property, health, severity, and location of lead haz- the home address; or safety in that definitive actions ards in a residential unit including (3) If the owner of a rental unit must continue to address this seri- information gathering from the unit, resides or is located outside of Cuya- ous public health threat to children current owner’s knowledge regard- hoga County, the name, current in this City; now, therefore, ing the age and painting history of address, telephone number, and Be it ordained by the Council of the unit, and occupancy by children email address of an agent designat- the City of Clevelaand: under six (6) years of age, visual ed by the owner, who is a natural Section 1. That the following sec- inspection, limited wipe sampling or person and who resides within Cuya- tions of the Codified Ordinances of other environmental sampling tech- hoga County, and who is authorized Cleveland, Ohio, 1976: niques, and any other activity as by the owner to receive service of a Sections 365.01, 365.02, 365.03, may be appropriate. Notice of Violation on the owner’s 365.04, 365.05, 365.06, and 365.07 as (i) “Lead risk assessor” means a behalf. An agent designated under amended by Ordinance No.281-17, person licensed under RC Chapter this section shall be of sound mind passed May 22, 2017, 3742 who is responsible for develop- and at least eighteen (18) years of ing a written inspection, risk assess- Section 240.01, as amended by age. It is the owner’s obligation to ment and analysis plan; conducting Ordinance No. 1233-15 passed Novem- notify the Director in writing, of inspections for lead hazards in a ber 9, 2015 any change in the name, address, residential unit; interpreting results Section 240.08, as amended by telephone number, and/or email of inspections or risk assessments; Ordinance No. 736-06, passed August address of any agent designated. identifying hazard control strategies 9, 2006 (c) Issuance of Certificate of to reduce or eliminate lead expo- and Rental Registration. Upon registra- sures; and completing a risk assess- Section 240.09, as amended by tion, the Director shall issue a cer- Ordinance No. 1027-04, passed ment report. (j) “Owner” means the person, tificate of rental registration which August 11, 2004 shall indicate: are repealed. partnership or corporation that holds title to the residential rental (1) The street address or other Section 2. That the Codified Ordi- identifying characteristics of the nances are supplemented by enact- unit. (k) “Permanent” means an expect- building or other structure; ing new Sections 365.01, 365.02, (2) The name, address, telephone 365.03, 365.04, 365.05, 365.06, 365.07, ed design life of at least twenty (20) years. number and email address of the 365.08, 365.09, 240.01, 240.08, and owner or owners of the premises. In 240.09, to read as follows: (l) “Residential rental unit” means any part of a building being the case of a partnership, the names used, designed or intended to be of all general partners; Chapter 365 – Rental Registration (3) If the record owner is a cor- and Lead-Safe Certification used as an individual’s private resi- dence, including a unit occupied by poration, the names, addresses, tele- Section 365.01 Definitions phone numbers and email addresses For purposes of this chapter: one (1) or more persons regardless of whether the occupant pays rent of the current statutory agent and (a) “Clearance examination” all corporate officers of that corpo- means an examination, performed or provides anything else of value to the titled owner in consideration ration; by a clearance technician, lead for occupying the structure. A resi- (4) The name, address, telephone inspector, or lead risk assessor, to dential rental unit does not include number and email address of the determine whether lead hazards in a unit occupied by the titled owner. managing agent of the premises, if a residential unit have been suffi- any; ciently controlled. A clearance Section 365.02 Residential Rental (5) The name, address (including examination includes a visual Unit Registration Required; Appli- the dwelling unit, apartment or assessment, collection and analysis cation for and Issuance of Certifi- room number), telephone number of environmental samples. cate of Rental Registration; and email address of the superin- (b) “Clearance technician” means Revocation tendent, custodian, or other individ- a person, other than a licensed lead (a) Rental Unit Registration ual employed by the owner or inspector or lead risk assessor, who Required. An owner of a residential managing agent to provide regular is licensed under RC Chapter 3742 to rental unit or units located in the maintenance services, if any; perform a clearance examination. City shall register each unit with (6) The name, address, telephone (c) “Lead-safe certification” the Department of Building and number and email address of an means that the owner of a residen- Housing in a rental registry which individual representative of the tial rental unit built before January is established by the Director. owner or managing agent who may 1, 1978 has provided to the Director (b) Application Information. be reached or contacted at any time a clearance examination report or Application for a certificate of in the event of an emergency affect- lead risk assessment that indicates rental registration required by this ing the premises of any rental unit that lead hazards are not identified Housing Code shall be made annu- in that structure, including such in the unit. A lead-safe certification ally, on or before March 1st on emergencies as the failure of a util- is valid for two (2) years from the forms supplied by the Director. ity system or service, and who has date of the certification. Information to be supplied on an the authority to make emergency 928 June 5, 2019 The City Record 23 decisions concerning the building Section 365.04 Lead-Safe Certifica- shall perform such other tasks as including its repairs or expendi- tion Required for Residential Rental required by the Director, including tures; Units Built Before January 1, 1978 maintaining a list of certified (7) The use and occupancy autho- (a) Presumption and Policy. Any inspectors and contractors and coor- rized and the use district, ward, and residential rental unit originally dinating regular monitoring and census tract in which the structure constructed prior to January 1, 1978 reporting with the Lead-Safe Advi- is located; and is presumed to have lead-based sory Board and other appropriate (8) The lead-safe certification sta- paint. It is the policy of the City to entities. tus, if applicable. help prevent the poisoning of chil- (d) Revocation of Certificate of dren by requiring that the presence Section 365.06 Impact of Lead-Safe Rental Registration. The Director of deteriorated lead-based paint on Certification Requirement; Review may revoke a certificate of rental the interior and exterior of residen- Within one (1) year after imple- registration if the applicant makes tial rental structures built before mentation and yearly thereafter, the any false statement in connection January 1, 1978 be identified and be City shall review the impacts of the with the registration, or if the struc- correctly addressed by reducing and lead-safe certification requirement ture that was covered by it is no controlling lead-based paint hazards to determine if tenants have been longer in compliance with the which may be present, in order to unduly displaced and to identify any requirements of this Code, or if the prevent human exposure to these other negative unintended conse- owner, agent, or person in charge of hazards. Therefore, it is the further quences that may have occurred due a structure refuses to comply with policy of the City to require all res- to implementation of the lead-safe any provision of this Code required idential rental units in the City con- certification requirement. If nega- for the use, maintenance and/or structed prior to January 1, 1978 to tive impacts are occurring or have occupancy of a structure, including have lead-safe certification no later occurred, the City will re-evaluate this chapter and Chapters 240, 367, than March 1, 2023. the program and work toward elim- 369 and 371. If the Director revokes (b) Lead-Safe Certification. Begin- inating any negative impacts. a certificate of rental registration, ning March 1, 2021, all residential the owner may appeal the Director’s rental units constructed before Jan- Section 365.07 Lead-Safe Advisory action to the Board of Zoning uary 1, 1978 shall have lead-safe cer- Board; Responsibilities Appeals, in writing within ten (10) tification from the Director (a) There is hereby established a days from the date of the Director’s according to a quarterly schedule Lead-Safe Advisory Board to consist action. The Board may sustain, dis- established by the Director, but in of seven (7) members: six (6) mem- approve or modify the Director’s no case later than March 1, 2023. bers appointed by the Mayor with action, and the Board’s decision A lead-safe certification is valid approval of Council and one (1) shall be final. for two (2) years from the date of member appointed by Council who (e) Notice of Change in Owner’s issuance. No earlier than thirty (30) shall be a member of Council. Of the Information. An owner of a residen- days prior to expiration, an owner members, at least two (2) shall be tial rental unit shall give notifica- shall re-apply for a lead-safe certi- representatives from the Lead Safe tion of a change in the name, fication by providing the necessary Cleveland Coalition or similar orga- address, telephone number, and/or documentation as set forth in this nization, one (1) shall be the Lead- email address of a corporation, part- section. Safe Auditor, and one (1) shall be a nership or person listed on a cer- (1) To obtain a lead-safe certifi- current member of the Cleveland tificate of rental registration under cation, an owner of a residential Area Board of Realtors or similar division (c)(2) through (c)(6) of rental unit constructed prior to Jan- organization of realtors. Of the orig- this section to the Director within uary 1, 1978 shall provide to the inal appointments, three (3) shall be seven (7) days after the change Director a copy of a clearance exam- appointed for terms of two (2) years occurs. If the owner fails to give ination report or lead risk assess- and four (4) shall be appointed for written notification as required in ment, completed pursuant to terms of three (3) years. Thereafter, this section, the Director may applicable Ohio laws and rules, the terms shall be four (4) years. revoke the certificate of rental reg- within ninety (90) days prior to the None of the members shall be cur- istration until the owner provides in date of submission evidencing that rent employees of the City. The writing the changed name, address, lead hazards were not identified in Lead-Safe Advisory Board shall telephone number, and/or email the unit. meet as often as a majority of its address. (2) For a structure constructed members deems necessary, but at In addition to revocation of the prior to January 1, 1978 that con- least quarterly in each calendar certificate of rental registration, tains five (5) or more residential year. The Board shall establish its whoever violates this division (e) rental units to obtain a lead-safe own rules and regulations. shall be fined not more than two certification, an owner shall provide (b) The responsibilities of the hundred dollars ($200.00). Each to the Director a copy of a report, Lead-Safe Advisory Board shall be three (3) month period during which completed pursuant to applicable as follows: to provide recommenda- the violation continues is a separate law within ninety (90) days prior to tions for improvements to the City’s offense. the date of submission, that lead lead-safe policies and procedures; to hazards were not identified in the report, on a quarterly basis, Section 365.03 Rental Registration minimum number of units tested rel- progress and status of the City’s Fee ative to the total number of units in Lead-Safe Certification requirement (a) An application for a certifi- the structure, according to Federal and other lead poisoning prevention cate of rental registration shall be HUD Guidelines, 2012 edition, as related efforts to the Council, the accompanied by a nonrefundable may be amended from time to time. Directors of Building and Housing, rental registration fee of seventy (c) Exemption. To be exempt from Public Health and Community dollars ($70.00) for each residential the lead-safe certification require- Development, and the Lead Safe rental unit. ment set forth in this section, the Cleveland Coalition or similar orga- (b) No fee shall be charged for a owner of a residential rental unit unit occupied by the owner or for a originally constructed prior to Jan- nization; to cause an appropriate unit for which the owner does not uary 1, 1978 shall submit a copy of outside entity or entities to produce receive rent or anything else of a comprehensive lead risk assess- impact analyses of the Lead Safe value. The Director shall establish ment and paint inspection report, Certification program; to review guidelines for fee exemptions. issued by a lead risk assessor veri- such impact analyses and report (c) No fees shall be collected from fying that the unit has been abated same to the Council, the Directors of any one (1) owner for all units of lead hazards in accordance with Building and Housing, Public owned by that owner within the 40 CFR 745.227 and applicable state Health and Community Develop- City in excess of thirty thousand law. The report shall have been ment, and the Lead Safe Cleveland dollars ($30,000.00) per calendar completed within twenty (20) years Coalition or similar organization. year. prior to the date of submission to (d) A certificate may be renewed the Director. Section 365.08 Records Kept by prior to expiration upon application Department and payment of the fee described Section 365.05 Internal Review Copies of all applications, certifi- above. A certificate that has expired The Director, through a designat- cates of rental registration and doc- may be renewed upon payment of ed Lead-Safe Auditor, shall monitor uments submitted for lead-safe the above registration fee plus a the City lead-safe certification certification are a public record and late fee of one hundred dollars process to ensure efficiency and shall be kept on file by the Direc- ($100.00). effectiveness. The Lead-Safe Auditor tor as required by applicable law. 929 24 The City Record June 5, 2019

Section 365.09 Inspections; Right to which both of the following of child day-care facilities or schools of Entry apply: from which lead-based paint is to be (a) All residential rental units A. It is a freestanding single-fam- removed, and to all occupants of res- shall be subject to inspection for the ily home used as the property idential structures which are within purpose of determining compliance owner’s private residence; thirty (30) feet of the residential with the provisions of this Housing B. No child under six (6) years of structure, child day-care facility or Code, Chapter 240, and all other age who has lead poisoning resides school from which the lead-based applicable laws, ordinances, rules in the unit. paint is to be removed. The notice and regulations. Inspections shall be (4) Renovation, remodeling, land- shall be as prescribed by the Com- conducted in accordance with the scaping or other activities, when the missioner and shall include, at a residential rental unit inspection activities are not designed to per- minimum, the address at which the schedule established by the Director, manently eliminate lead-based paint lead-based paint will be removed, or as may be necessary in the Direc- hazards, but, instead, are designed the date of commencement of the tor’s discretion pursuant to specific to repair, restore, or remodel a given lead-based paint removal, the antic- complaint received under this Code. structure or dwelling, even though ipated length of time to complete (b) The Director and the Direc- these activities may incidentally the removal, and the method by tor’s duly authorized agents or result in a reduction or elimination which the lead-based paint will be inspectors may enter at reasonable of lead-based paint hazards. Abate- removed. The notice shall include a times any residential rental unit ment does not include operations copy of an EPA-approved lead haz- registered under this Chapter in and maintenance activities or other ard information pamphlet. accordance with the right of entry measures and activities designed to (b) The notice required under this defined in Chapter 367. temporarily, but not permanently, section does not relieve any person reduce lead-based paint hazards. from compliance with any other Section 240.01 Definitions This definition shall not be inter- notice requirements under state or As used in this chapter: preted to exempt any person from federal law, including when notice (a) “Clearance examination” any requirement under State or fed- is required by a hazard control means an examination, performed eral law regarding lead abatement, order. by a clearance technician, lead including lead hazard control orders inspector, or lead risk assessor, to or requirements for full abatement Section 240.09 Enforcement determine whether lead hazards in of lead-based paint in certain feder- (a) Whenever the Commissioner a residential unit, child day-care ally-funded projects. or Director of Building and Housing facility, or school have been suffi- (h) “Lead-based paint” means any (Director) or a designee determines ciently controlled. A clearance paint or other similar surface-coat- upon information, or by observation examination includes a visual ing substance containing lead at or or inspection, that any provision of assessment, collection and analysis in excess of the level that is haz- this chapter is being or has been of environmental samples. ardous to human health as set forth violated, the official may issue a (b) “Clearance technician” means in Rule 3701-32-19 of the Ohio Admin- notice of violation to the owner, a person, other than a licensed lead istrative Code (OAC) as it may be manager, or person in charge to cor- inspector or lead risk assessor, who hereafter amended. rect the violation. If the violation is licensed under RC Chapter 3742 to (i) “Lead hazard” means material constitutes a nuisance that, in the perform a clearance examination. that is likely to cause lead exposure determination of the Commissioner, (c) “Commissioner” means the and endanger an individual’s health Director or designee, may endanger Commissioner of the Division of the as set forth in OAC Rule 3701-32-19. the health or safety of any person, Environment of the Department of Lead hazard includes lead-based the notice of violation shall order Public Health unless otherwise spec- paint, lead-contaminated dust, lead- the immediate abatement of the nui- ified. contaminated soil and lead-contami- sance. (d) “Department” means the nated water pipes. (b) In addition to any penalty for Department of Public Health unless (j) “Lead hazard control” means otherwise specified. measures taken to reduce or elimi- a violation of this chapter, the Com- (e) “Interim controls” means a set nate a lead hazard, which includes, missioner or Director or a designee of measures designed to temporari- but is not limited to, lead abate- may use any and all remedies in ly reduce human exposure or likely ment, interim controls, or both, as this Health Code, including Chapter exposure to lead-based paint haz- appropriate. 203, to prevent, terminate or abate ards, including specialized cleaning, (k) “Permanent” means an expect- the nuisance, or to otherwise take repairs, maintenance, painting, tem- ed design life of at least twenty action to control the nuisance, the porary containment, ongoing lead (20) years. costs and expense of which may be hazard maintenance activities, and (l) “Rental agreement” has the recovered as provided in RC 715.261, the establishment and operation of same meaning described in division including certifying the costs and management and resident education (c) of Section 375.01 of the Codified expense to the County Auditor, to be programs. Ordinances. placed on the property as a lien to (f) “Landlord” has the same mean- (m) “Target housing” means any be collected as other taxes and ing as in division (b) of Section housing constructed prior to 1978, returned to the City. 375.01. except housing for the elderly or (c) In addition to any penalty for (g) “Lead Abatement” means a persons with disabilities (unless a violation of this chapter, the Com- measure or a set of measures, any one or more children age six (6) missioner or Director of Building designed for the single purpose of years or under resides or is expect- and Housing or a designee may con- permanently eliminating lead haz- ed to reside in such housing) or any trol such nuisance. The costs and ards. “Lead abatement” includes all zero (0) bedroom dwelling. expense of controlling a nuisance by of the following: (n) “Tenant” has the meaning the Commissioner or designee under (1) Removal of lead-based paint described in division (e) of Section this chapter, may be recovered as and lead- contaminated dust; 375.01 of the Codified Ordinances. provided in RC 715.261, including (2) Permanent enclosure or encap- (o) “Zero (0) bedroom dwelling” certifying the costs and expense to sulation of lead-based paint; means any residential dwelling in the County Auditor, to be placed on (3) Replacement of surfaces or which the living areas are not sep- the property as a lien to be collect- fixtures painted with lead-based arated from the sleeping area. The ed as other taxes and returned to paint; term includes efficiencies, studio the City. (4) Removal or permanent cover- apartments, dormitory or single (d) The authority described in ing of lead- contaminated soil; room occupancy housing, military division (c) to control such nuisance (5) Preparation, cleanup, and dis- barracks, and rentals of individual includes the authority to order the posal activities associated with lead rooms in residential dwellings. owner or manager to relocate the abatement. occupants of a residential unit, day- “Lead abatement” does not include Section 240.08 Notice Requirements care facility, or school, until the any of the following: (a) For any lead abatement, inter- property passes a clearance exami- (1) Residential rental unit lead- im controls, lead-safe maintenance nation, if the Commissioner deter- safe maintenance practices per- practices or lead-safe renovation mines that the health of the formed pursuant to RC 3742.41 and work in a residential unit, child day- occupants may be at risk during the 3742.42; care facility or school, the owner lead hazard control work. The Com- (2) Implementation of interim con- shall provide seven (7) days missioner may relocate the occu- trols; advance written notice to all occu- pants until the residential unit, (3) Activities performed by a pants of residential structures, or all child day-care facility, or school property owner on a residential unit parents. students, teachers, and staff passes a clearance examination. The 930 June 5, 2019 The City Record 25 costs and expense of the relocation child day-care facility, or school is (i) (g) No owner or manager of a may be recovered by certifying involved: retail or wholesale outlet of paint those costs to the County Auditor, to (1) Perform a lead inspection and paint-removal products shall be placed on the property as a lien without a valid lead inspector violate division (b) of Section 240.07 to be collected as other taxes and license issued under RC 3742.05; by failing to provide an EPA- returned to the City. (2) Perform a lead risk assess- approved Lead Hazard Information (e) In the event of an actual or ment or provide professional advice Pamphlet lead hazard information threatened violation of this chapter, regarding lead abatement without a pamphlet or Fact Sheet. or in an emergency situation, the valid lead risk assessor license (j) (h) All power-assisted methods Director of Law, in addition to other issued under RC 3742.05; of lead-based paint removal are remedies provided by law, may insti- (3) Act as a lead abatement con- hereby prohibited, unless the stan- tute a proper suit in equity or at tractor without a valid lead abate- dards and methods set forth in law to prevent, terminate or other- ment contractor’s license issued Chapters 3701-30 or 3701-32 OAC as wise remedy the violation. under RC 3742.05; applicable, are followed. Open flame (f) In addition to all other penal- (4) Act as a lead abatement pro- burning is prohibited under any cir- ties and remedies provided by law, ject designer without a valid lead cumstances. method is such that all any person damaged by a nuisance abatement project designer license dust and debris is immediately cap- caused by a violation of this chap- issued under RC 3742.05; tured within a closed container ter may institute a proper action in (5) Perform lead abatement with- which prevents lead- contaminated equity or at law to prevent, termi- out a valid lead abatement worker debris from escaping into the envi- license issued under RC 3742.05; nate or otherwise remedy the viola- ronment. No lead-based paint (6) Perform a clearance examina- tion. removal shall be conducted whereby tion without a valid clearance tech- (g) The City has enacted and the method of collection of dust and enforces the provisions of this chap- nician license issued under RC debris is captured solely by ground ter only to promote the public 3742.05, unless the person holds a tarpaulins, draped scaffolding and health, safety and general welfare, valid lead inspector license or valid other types of barriers after the dust and for obligations imposed on it by lead risk assessor license issued and debris has been released into the State of Ohio under delegation under that section; the environment. Open flame burn- by the Ohio Department of Health. (7) Perform lead training for the ing is prohibited under any circum- The City does not assume, nor does licensing purposes of this chapter stances. Persons performing interim it impose on its officers and employ- RC Chapter 3742 without a valid controls shall comply division (c)(8) ees, an obligation the breach of approval from the director of health of Section 240.03 of these Codified which causes it to be liable in under RC 3742.08. money damages to any person who (8) Perform interim controls with- Ordinances. claims that such breach proximate- out complying with 24 C.F.R. Part (k) No power-assisted lead-based ly caused injury. In addition, noth- 35. paint removal shall be performed, ing in this chapter may be (9) Perform lead-safe maintenance unless: interpreted to limit the City’s statu- practices without complying with (1) The area from which the lead- tory immunity under RC Chapter RC 3742.41 and 3742.42. based paint is to be removed is first 2744. (d) No person shall manufacture shielded with tarpaulins or other Section 3. That the Codified Ordi- children’s toys or children’s furni- screening to prevent vapor, water, nances of the City of Cleveland, ture that has paint containing lead dust and debris from escaping into Ohio, 1976 are supplemented by equal to or in excess of one (1.0) the environment; and amending Sections 240.03, 240.05, mg/cm2 (milligram per square cen- (2) Plastic disposable cloths are 240.07, 371.01 and 375.08, as amended timeter), one-half of one percent first spread at least ten (10) feet by Ordinance No. 1027-04, passed (0.5%) by weight, or five thousand from the foundation below the sur- August 11, 2004, Section 240.06 as (5,000) parts per million (ppm) by face upon which the lead-based amended by Ordinance No. 736-06, weight. paint removal is being performed passed August 9, 2006, Section 367.12, (e) No person shall sell or hold for and on sides adjacent to said sur- as amended by Ordinance No. 1864- sale a children’s toy or children’s face. The drop cloths shall be 01, passed October 20, 2003, Section furniture that has paint containing attached, when possible, to the foun- 367.99 as amended by Ordinance No. lead equal to or in excess of one dation of the residential structure in 281-17, passed May 22, 2017, and Sec- (1.0) mg/cm2 (milligram per square order to collect any debris and tion 3107.06, as amended by Ordi- centimeter), one-half of one percent residue; and nance No. 377-03, passed May 19, (0.5%) by weight, or five thousand (3) All vents, windows and other 2003, to read, respectively, as fol- (5,000) parts per million (ppm) by areas through which air may enter lows: weight. the residential structure upon which (d) No person shall manufacture, the lead-based paint is being Section 240.03 Prohibitions sell or hold for sale toys and other removed, shall be closed to prevent (a) No person shall do any of the articles intended for use by children infiltration of any dust or debris. following: as defined in 16 CFR 1303.2, or fur- (l) No manual exterior lead-based (1) Violate any provision of RC niture as defined in 16 CFR 1303.2, paint removal shall be performed 3742.02 RC Chapter 3742, as may be that bears paint containing lead in unless plastic disposable cloths are applicable, or the rules adopted excess of 0.009 percent by weight of first spread at least ten (10) feet under pursuant to it; the total nonvolatile content of the from the foundation below the sur- (2) Apply or cause to be applied paint or the weight of the dried face upon which the lead-based any lead-based paint on or inside a paint film. paint removal is being performed residential unit, child day-care facil- (f) No person shall perform lead and on sides adjacent to said sur- ity, or school, unless the Ohio direc- abatement, or any exterior power- face. The drop cloths shall be tor of health public health council assisted and/or manual lead-based attached, when possible, to the foun- has determined by rule under RC paint removal, on any target hous- dation of the residential structure in 3742.50 RC 3742.45 that no suitable ing located in the City without first order to collect any debris and substitute exists; obtaining a permit from the Com- residue. (3) Interfere with an investiga- missioner of Licenses and Assess- (m) No interior lead-based paint tion conducted in accordance with ments as described in Section 240.05 removal shall be performed without this chapter or RC 3742.35 or by the of the Codified Ordinances. first spreading plastic disposable Commissioner or the Commissioner’s (g) (e) No person shall sell or drop cloths on the floor in an area designee, , any person delegated by lease target housing in the City of sufficiently large to collect all the Commissioner, any lead inspec- Cleveland unless the owner, lessor, debris and residue. tor or risk assessor. and or agent of the target housing (n) Following the completion of (b) No person shall knowingly meets all applicable requirements of each day’s lead- based paint authorize or employ an individual to Section 240.06 of the Codified Ordi- removal: perform lead abatement on a resi- nances regarding disclosures of lead (1) All drop cloths shall be care- dential unit, child day-care facility, hazards. fully wet wiped, rolled up and dis- or school unless the individual who (h) (f) No person renovating tar- posed of; and will perform the lead abatement get housing in the City of Cleveland (2) All paint or paint dust shall holds a valid license issued under shall fail to comply with the Pre- be removed from the premises, adja- RC 3742.05. Renovation Lead Information Rule cent property and public rights of (c) No person shall do any of the in Section 240.07 of the Codified way, and whenever possible, following when a residential unit, Ordinances. through the use of wet methods. 931 26 The City Record June 5, 2019

Section 240.05 Lead Abatement D. Any other information required rehabilitation, renovation, or main- and Lead-Based Paint Removal Lead by the Commissioner. tenance work that involves the dis- Hazard Control Permit Required; E. An applicant may file a single turbance of lead-based paint in any Application; Fees; Permit Suspen- permit application for more than one occupied residential structure shall, sion or Revocation (1) residential unit if the applica- seven (7) days prior to the work’s (a) The Commissioner of Envi- tion contains all of the information initiation, distribute the Lead-Based ronment is authorized to establish a required by division (e)(1) of this Paint Hazards Health and Safety program for the loaning of equip- section with respect to each sepa- Fact Sheet to all affected occu- ment, at no cost, for the removal or rate residential unit. pants. control of lead hazards in the City F. The permit fee is fifteen dol- (j) The notice required under this of Cleveland and is authorized to lars ($15.00) for each separate resi- section does not relieve any person enter into contracts, as approved by dential structure from which lead - from compliance with any other the Director of Law, for the purpose contaminated paint is to be notice requirements under State or of loaning the equipment. removed. federal law, including when notice (b) No person shall perform any G. Upon receipt of a completed is required in a hazard control lead hazard abatement or any exte- application and permit fee, the Com- order. rior power-assisted and/or manual missioner of Assessments and lead-based paint removal on target Licenses shall issue the permit and Section 240.06 Disclosures In Sale housing located in the City without a copy of the application and permit or Lease of Target Housing Regard- first obtaining a permit from the shall be provided to the Commis- ing Lead Hazards Commissioner of Assessments and sioner of the Environment. (a) Disclosure in Purchase or Licenses. For purposes of section, H. A permit, issued under this sec- Lease of Target Housing. ‘target housing’ includes all sec- tion, shall expire six (6) months (1) To ensure the application of ondary or appurtenant structures from the date that it is issued. An their requirements to the sale or that were constructed prior to 1978 applicant may apply for an exten- lease of target housing in the City and are on the parcel upon which sion that may be granted limits, the rules and regulations the target housing is located. A per- (2) The Commissioner of Licenses that are promulgated by the Secre- mit is not required under this sec- and Assessments shall notify the tary and the Administrator of the tion if all of the following apply: (1) Director of Building and Housing of Environmental Protection Agency the person uses the target housing any permits issued under this sec- under A seller or lessor of target as their personal residence; (2) the tion. housing must disclose information person personally performs, or per- (f) Permit Suspension or Revoca- concerning lead upon the transfer of forms with the assistance of only tion. any target housing pursuant to the members of his or her family or (1) The Commissioner of Licenses Residential Lead-Based Paint Haz- household, only manual exterior and Assessments shall suspend or ard Reduction Act of 1992, 42 U.S.C. lead- based paint removal on the revoke any permit issued under this 4852d, and shall adhere to all rules structure on the property; (3) no chapter, upon the recommendation and regulations promulgated under child under six (6) years of age who and order of the Commissioner, for the Act, as may be amended from has lead poisoning resides in the violation or failure to comply with time to time. and their successor structure . the provisions of this chapter, or the regulations, are adopted and incor- (c) (b) The commissioners and Ohio Revised Code. porated into this code as these rules inspectors of the Division of Envi- (2) Any person may appeal the and regulations exist at the time of ronment and Department of Build- denial, suspension or revocation of passage of this chapter or as they ing and Housing are authorized to a permit for the removal of lead- may be amended. Before a purchas- issue an a stop work or cease and based paint to the Board of Zoning er or tenant is obligated under any desist order to immediately stop Appeals, established under Charter a contract to purchase target hous- working to any person performing Section 76-6, provided that written ing or a rental agreement to lease work that requires a permit that has appeal is filed with the Board Sec- the target housing, the seller or not obtained a permit or to any per- retary in writing within ten (10) lessor shall perform the activities son performing work in violation of days of the date the decision being any prohibition in RC Chapter 3742 appealed was made. and provide the disclosures or this chapter of the Codified Ordi- (3) If a person appeals in accor- described in this section. : nances. dance with subsection (2), the Board A. Provide the purchaser or tenant (d) A No person shall fail to shall conduct a hearing and render with an EPA-approved lead hazard immediately stop performing lead a decision in accordance with City information pamphlet; hazard abatement or reduction con- ordinances and regulations B. Disclose to the purchaser in trol activities when ordered to do so described in this chapter and those writing in the sales contract, or to under subsection (c) division (c) of governing its conduct and proce- the tenant, both orally and in writ- this section. A No person shall not dure. ing in the rental agreement, all of resume such lead abatement or con- (g) For work requiring a permit the following: (i) the presence of trol activities except in accordance under this chapter, each permittee any known lead-based paint, or any with all terms and conditions of a shall provide seven (7) days known lead-based paint hazards, in valid permit for paint removal and advance written notice to all occu- the housing; (ii) any additional until their practices conform to con- pants of residential structures on information available concerning formance with all applicable stan- which lead-based paint is to be the known lead-based paint and/or dards and methods prescribed in RC removed, and to all occupants of res- lead-based paint hazards, such as Chapter 3742. idential structures which are within the basis for the determination that (e) Permit Application; Fees. thirty (30) feet of the residential lead-based paint and/or lead-based (1) Every person who is required structure on which the lead-based paint hazards exist, the location of to obtain a permit under this section paint is to be removed. The notice the lead-based paint and/or lead- shall make application to the Com- shall be as prescribed by the Com- based paint hazards, and the condi- missioner of Assessments and missioner and shall include, at a tion of the painted services surfaces; Licenses upon forms to be pre- minimum, the address at which the and (iii) whether the property or scribed by the Commissioner of lead- based paint will be removed, unit is under a lead hazard control Environment. The forms shall the date of commencement of the order; (iii)whether the property include lead-based paint removal, the antic- owner has a current Lead Mainte- A. The name and address of each ipated length of the removal, and nance Certificate or Lead- Based applicant, and if the applicant is a the method by which the lead-based Paint Free Certificate and the partnership, the principle address of paint will be removed. The notice length of time of its coverage; (iv) the partnership, and the name and shall include a copy of the Lead- provide to the purchaser or tenant address of each partner, and if the Based Paint Hazards Health and any records or reports (including applicant is a corporation, the prin- Safety Fact Sheet as prescribed by notices or letters of violation) avail- ciple address of the corporation, the the Commissioner. able pertaining to lead-based paint state of incorporation, the corporate (h) All contractors, on the signing hazards or lead hazards in the tar- federal identification number and of a contract for the removal of get housing, including regarding the name and address of the corpo- lead-based paint from a residential common areas; and (v) records or ration’s statutory agent; structure shall provide, with the reports regarding other residential B. The address of the residential contract, a Lead-Based Paint Haz- dwellings in multi-family target unit will be removed; ards Health and Safety Fact Sheet. housing, provided that the informa- C. A description of the method by (i) Owners of occupied residen- tion is part of an evaluation or which the lead-hazard will be tial structures and/or contractors reduction of lead-based paint and/or removed; planning any construction, repair, lead hazards in the target housing; 932 June 5, 2019 The City Record 27

C. Disclose to the tenant a copy of (b) Penalties for Violations. ards Health and Safety Fact Sheet the most recent clearance examina- (1) Criminal Penalty. Any person approved by the City of Cleveland tion or lead risk assessment and, if who knowingly fails to comply with Department of Public Health to each applicable, the lead-safe certifica- a any provision of this section shall purchaser of said paint and paint tion; be subject to the penalties provided removal products. D. Provide to the purchaser or ten- in Section 240.99 of the Codified ant any records or reports (includ- Ordinances. Section 367.12 Statement of Autho- ing notices or letters of violation) (2) The Director of Public Health rized Use of Dwelling Building or available pertaining to lead-based or Commissioner is authorized to Structure and Notice of Violation; paint or lead-based paint hazards in take lawful action as may be nec- Fee the target housing, including essary to enforce this section or to (a) No person, agent, firm or cor- regarding common areas, and enjoin any violation of it. poration shall sell, by land contract regarding other residential (3) Civil Liability. As provided in or otherwise, any interest in any dwellings in multi-family target the Federal Residential Hazard dwelling building or structure, as housing, provided that the informa- Reduction Act at 42 U.S.C. 4852d(b), defined in Section 363.04 of five (5) tion is part of an evaluation or any Any person who violates any or more units, without furnishing reduction of lead-based paint and/or provision of this section will be the buyer, prior to the sale, (i) a lead-based paint hazards in the tar- jointly and severally liable to the current certificate of occupancy or a get housing; purchaser or lessee in an amount statement from the Department of C. E. Permit the purchaser a ten equal to one (1) month’s rent or one Building and Housing describing (10) day period (unless the parties (1) month’s mortgage payment. the authorized use of the dwelling mutually agree in writing upon to a three (3) times the amount of dam- under the ordinances of the City, different period of time or to waive ages incurred by the individual. and describing its current lead sta- this requirement) to conduct a lead (4) In any action brought for dam- tus, (ii) a copy of any outstanding risk assessment or lead inspection ages under this section, the appro- notice or order from the City, includ- for the presence of lead-based paint priate court may award court costs ing any notice of violation or out- and/or lead-based paint hazards; to the party commencing the action, standing notice of the City’s D. F. Include in the contract for together with reasonable attorney intention to demolish or effectively sale or rental agreement for lease fees and any expert witness fees, if board, and, (iii) when an escrow has the Lead Warning Statement pre- that party prevails. been established, depositing in scribed in 40 C.F.R. 745.113; (5) A non-profit environmental escrow prior to delivery of posses- E. G. Include in the contract for health or housing rights organiza- sion or transfer of title a statement sale or rental agreement for lease tion is authorized to bring an action from the buyer acknowledging the acknowledgments that the pam- under division (b)(3) of this section receipt of these documents. Howev- phlet, disclosures, ten (10) day peri- on behalf of an aggrieved individ- er, a statement signed by both the od (if required) and warning ual or individual(s) for violations of seller and the buyer describing the required were provided. this section. Such organization may fact stating that the property being (2) Discovery of Lead Hazards or recover its costs under the remedies transferred does not contain a Presumed Lead Hazards. Prior to provided in divisions (b)(3) and dwelling building or structure may the Expiration of a Lease. If the (b)(4) of this section if the organi- be deposited in escrow instead of owner of a residential unit learns of zation demonstrates that it has the documents regarding use the presence of lead-based paint exerted organizational resources, required herein above. and/or lead-based paint hazards including staff time, to investigate (b) An application to provide the prior to the expiration of a lease, the alleged non-compliance with this statement required by this section the owner shall notify each tenant section. shall be accompanied by a fee of of the presence of lead-based paint (c) Validity of contracts for pur- and/or lead-based paint hazards chase and sale and liens. Validity of forty dollars ($40.00). within ten (10) days of discovering contracts and liens. Nothing in this (c) No person, agent, firm or cor- its presence. In addition, the owner section may affect the validity or poration shall enter into a contract shall notify prospective tenants of enforceability of any sale or con- for the sale of a one (1), two (2), presumed lead-based paint and shall tract for the purchase and sale or three (3) or four (4) unit dwelling provide each tenant with a Lead lease of any interest in residential building or structure, as defined in Warning Statement and the lead real property or any loan, loan Section 363.04, without furnishing to hazard information pamphlet, as agreement, mortgage, or lien made the purchaser a Certificate of Dis- prescribed by 42 U.S.C. 4852d. or arising in connection with a mort- closure addressing the condition of (3) Compliance Assurance. The gage loan, nor may anything in this the property, including its current rules and regulations requiring the section create a defect in title. lead status, which Certificate shall agent, on behalf of the seller or be in a form prescribed by the Direc- lessor, to assure compliance with Section 240.07 Residential Proper- tor of Building and Housing. No real the requirements issued under the ty Renovation; Paint Outlet Infor- estate agent, escrow agent or seller Residential Lead-Based Paint Haz- mation Rule shall sell or transfer a one (1), two ard Reduction Act of 1992, 42 U.S.C. (a) To ensure the application of (2), three (3) or four (4) unit 4852d, and their successor regula- the requirement of the federal Pre- dwelling building or structure with- tions, are adopted and incorporated Renovation Lead Information Rule out furnishing to the purchaser into this code as these rules and reg- to the renovation of pre-1978 hous- information required by the Certifi- ulations exist at the time of passage ing in the City limits, the rules and cate of Disclosure described above. of this chapter or as they may be regulations promulgated under that If the purchaser does not receive amended, and apply to an agent rule and found at 40 C.F.R. Part 745, any portion of the Certificate of Dis- whenever a seller or lessor has Lead; Requirements for Hazard Edu- closure to be completed by the City entered into a contract with the cation Before Renovation of Target prior to sale, the purchaser may agent for the purpose of selling or Housing, are adopted and incorpo- rescind the purchase contract for leasing a unit of target housing in rated into this Health Code as they the sale of the property prior to the the City limit. Whenever a seller or exist at the time of passage of this sale of the property. lessor has entered into a contract chapter or as they may be amended. (d) A request for a Certificate of with an agent for the purpose of All renovations, repair and painting Disclosure shall be accompanied by selling or leasing a unit of target performed for compensation in tar- a nonrefundable fee of sixty dollars housing, the agent, on behalf of the get housing shall be performed in ($60.00). seller or lessor, shall ensure com- compliance with 40 C.F.R. Part 745, pliance with the requirements of Subpart E, Residential Property Section 367.99 Penalty this section and 40 CFR 745 Subpart Renovation, as may be amended (a) Whoever violates any provi- F. An agent is defined as means any from time to time. Any person per- sion of this Housing Code for which party who enters into a contract forming renovations, repair and no other penalty is provided shall be with a seller or lessor, including painting shall provide to occupants guilty of a misdemeanor of the first any party who enters into a contract of the residential property a reno- degree. Each day of a continuing with a representative of the seller vation-specific pamphlet as required violation shall be deemed a separate or lessor, for the purpose of selling under 40 CFR 745.81. offense. or leasing pre-1978 target housing. (b) All retail and wholesale out- Whoever causes or permits the The term “agent” does not apply to lets of paint and paint removal prod- continuation of any violation of this purchasers or any purchaser’s rep- ucts shall distribute an EPA- Housing Code or any rule or regu- resentative who receives all com- approved lead hazard information lation promulgated hereunder or pensation from the purchaser. pamphlet or Lead-Based Paint Haz- fails to comply with this Housing 933 28 The City Record June 5, 2019

Code or with any written notice or Section 375.08 Retaliation of Land- to reduce and control lead hazards written order issued hereunder, sub- lord Prohibited; Relief on residential rental property pur- sequent to conviction therefor shall (a) Subject to division (d) of this suant to Chapters 240, 365 or 371. be liable for further prosecution, section, a landlord may not retaliate (e) The maintenance of an action conviction and punishment upon the against a tenant by increasing the by the landlord under division (d) same order or notice without the tenant’s rent, decreasing services of this section does not prevent the necessity of issuing a new order or that are due to the tenant, bringing tenant from recovering damages for notice, until full compliance has or threatening to bring an action for any violation by the landlord of the been had on such order or notice possession of the tenant’s premises, rental agreement or of RC 5321.04. upon which the original conviction terminating or threatening to termi- was had made. nate the tenant’s rental agreement, Section 3107.06 Applications (b) Whoever violates Section or refusing to renew the tenant’s (a) The applications for a Cer- 367.11 shall be guilty of a misde- rental agreement or to continue the tificate of Registration, Limited Cer- meanor of the third degree. tenant’s tenancy because: tificate of Registration or a (c) Whoever violates Section (1) The tenant has complained to Certificate of Qualification shall be 367.12 or 367.13 shall be guilty of a an appropriate governmental agency in the form prescribed by the Direc- misdemeanor of the first degree. of a violation of a building, housing, tor, may require documentation (d) Whoever violates Section health, or safety code that is applic- determined by the Director to be 371.01 shall be guilty of a misde- able to the premises, and the viola- sufficient to show that the applicant meanor of the first degree. Each day tion materially affects health and meets the requirements for issuance of a continuing violation shall be safety; of the relevant Certificate, and shall deemed a separate offense. (2) The tenant has complained to be available in the office of the (e) Whoever violates Sections the landlord of any violation of RC Director. 365.01, 365.02, 365.04, 369.13, 369.14, 5321.04; (b) Every application shall state 369.15, 369.16, 369.17, 369.18, 369.19, (3) The tenant has joined with the name of the person, firm or cor- 371.05, 371.07, 371.10 or 371.13, or Sec- other tenants for the purpose of poration applying for registration, tion 369.08, or Section 369.08 as a negotiating or dealing collectively limited registration or certification first offense shall be guilty of a with the landlord on any of the and the name and address of the minor misdemeanor. In addition to terms and conditions of a rental place of business or places of busi- any other method of enforcement agreement; ness of the applicant. If the appli- provided for in this chapter, the (4) The tenant has complained to cant is a firm, co-partnership, above listed minor misdemeanors an appropriate governmental agency corporation, association or any com- may be enforced by the issuance of of a violation of Chapter 240 that is bination, the application shall con- a citation in compliance with Rule applicable to the premises or the tain the names and addresses of all 4.1 of the Ohio Rules of Criminal tenant (or an organization on the members or officers, together with a Procedure. tenant’s behalf) has taken action certified copy of the corporation Whoever violates Sections 392.02, under division (b)(3) of Section minutes or other certified evidence 392.021, 392.03, 392.04, or 392.05 is 240.06. that the application has been duly subject to the penalty established in (b) If a landlord acts in violation authorized. Every application shall Section 392.99 of these Codified Ordi- of division (a) of this section, the inquire whether the contractor is a nances. In addition to any other tenant may: certified renovator or dust sampling means of enforcement provided for (1) Use the retaliatory action of technician accredited by the EPA in these Codified Ordinances by the landlord as a defense to an under 40 CFR 745.225. statute, Sections 392.02, 392.03, 392.04, action by the landlord to recover (c) Applications for Certificates of 392.05 or 392.06 may be enforced by possession of the premises; Registration, Limited Certificates of the issuance of a citation in com- (2) Recover possession of the Registration or Certificates of Qual- pliance with Rule 4.1 of the Rules premises; or ification shall be sworn to by the of Criminal Procedure, provided that (3) Terminate the rental agree- applicant before a notary public. the offense is a minor misdemeanor. ment. Section 4. That Sections 240.03, (f) Whoever violates Section In addition, the tenant may recov- 240.05, 240.07, 371.01 and 375.08, as 369.08 as a second offense of that er from the landlord, at the tenant’s amended by Ordinance No. 1027-04, section shall be guilty of a misde- option, either any actual damages, passed August 11, 2004, Section meanor of the fourth degree. Who- together with reasonable attorneys’ 240.06 as amended by Ordinance No. ever violates Section 369.08 as a fees, or damages of not less than 736-06, passed August 9, 2006, Section third or subsequent offense of that fifty dollars ($50.00) nor more than 367.12, as amended by Ordinance No. section shall be guilty of a misde- five hundred dollars ($500.00), 1864-01, passed October 20, 2003, Sec- meanor of the first degree. together with reasonable attorneys’ tion 367.99 as amended by Ordinance (g) A court of competent jurisdic- fees. No. 281-17, passed May 22, 2017, and tion may require whoever is con- (c) Nothing in division (a) of this Section 3107.06, as amended by Ordi- victed of or pleads guilty to a section shall prohibit a landlord nance No.377-03, passed May 19, 2003, violation of this Housing Code to from increasing the rent to reflect are repealed. pay to the City’s Department of the cost of improvements installed Section 5. Any projects and pro- Building and Housing, fees for by the landlord in or about the grams funded by the City that serve inspections of violation violations premises or to reflect an increase in children from birth to six (6) years that have not been remedied, which other costs of operation of the of age, and/or pregnant women, fee is fees are described in Sections premises. shall provide lead screening ques- 367.08 and 3105.26, and the expenses (d) Notwithstanding divisions (a) tionnaires, offer referrals for lead or costs incurred under the provi- and (b) of this section, a landlord testing and provide lead poisoning sions for demolition or boarding con- may bring an action under RC Chap- prevention educational materials. tained in the Housing Code. ter 1923 for possession of the premis- Section 6. There shall be estab- es if: lished a Lead Screening and Testing Section 371.01 Restrictions on (1) The tenant is in default in the Commission which shall consist of Leasing for Residential Occupancy payment of rent; nine (9) members who represent, An owner, operator or agent shall (2) The violation of the applica- including but not limited to, health not rent, lease or offer for rental or ble building, housing, health, or care institutions and health care lease for residential occupancy any safety code that the tenant com- providers, entities providing Medic- dwelling units, dwelling structures plained of was primarily caused by aid services, city and county health or any part of a dwelling unit or any act or lack of reasonable care departments, public and private dwelling structure that does not by the tenant or by any other per- school systems, entities providing comply with the standards for resi- son in the tenant’s household, or by early childhood education and ser- dential occupancy in Chapter 240 of anyone on the premises with the vices, and the Lead Safe Cleveland the Health Code, including the consent of the tenant; Coalition or similar organization. requirements in Section 240.06 (3) Compliance with the applica- The Lead Screening and Testing regarding disclosures in the lease of ble building, housing, health, or Commission shall adopt its own target housing regarding lead haz- safety code would require alteration, rules and order of business and ards, Section 240.07 regarding resi- remodeling, or demolition of the shall meet as often as a majority of dential property renovation, and premises which would effectively its members deems necessary, but at Section 240.08 regarding notice deprive the tenant of the use of the least every six (6) months. requirements and Chapters 365, 369, dwelling unit. This division does not The responsibilities of the Lead and 371 of the Housing Code. apply where a landlord is required Screening and Testing Commission 934 June 5, 2019 The City Record 29 shall include: establishing best prac- the Division of Water Pollution Con- Thence North 30°28'45" West, tices for efficient and effective coor- trol of $5,000 to connect to a 8” City- along the centerline of said West dination of screening and testing owned force main on East 55th 25th Street, a distance of 142.71 feet services for families that are at-risk Street. Annually, Landmark will to a point; or that have been exposed to lead deposit $2,000 into a fund to be used Thence North 59°31'15" East a dis- hazards; partnering with the to pay for part of the cost of main- tance of 30.00 feet to the easterly Healthy Homes Advisory Council or taining and repairing the 8” City- line of said West 25th Street; other similar entity to implement owned force main. Thence North 39°50'15" East, screening and testing recommenda- Section 2. That the Director of along the northwesterly line of the tions; and coordinating and sharing Public Utilities is authorized to Detroit Superior Viaduct, 80.00 feet lead screening and testing data accept funds under this ordinance wide, a distance of 21.32 feet to the among appropriate entities. for the purposes stated herein which proposed easterly line of said West Section 7. There shall be estab- shall be deposited into a fund cre- 25th Street and the Principal Place lished a Lead Safe Housing Action ated and approved by the Director of Beginning of land herein Board for the purpose of supporting of Finance. described: families who must relocate as a Section 3. That the Director of Thence North 39°50'15" East, result of a lead hazard control order, Public Utilities is authorized to along the northwesterly line of the lead safe maintenance or lead poi- enter into any further agreements Detroit Superior Viaduct, a distance soning. The Lead Safe Housing necessary to effectuate the purposes of 190.93 feet to a point; Action Board shall consist of repre- of this ordinance, including ease- Thence North 59°26'52" East a dis- sentatives from non-profit entities ment agreements. tance of 238.36 feet to the south- funded by the City that provide Section 4. That the Director of easterly line of said Detroit Superior housing in the City. The Lead Safe Public Utilities is authorized at his Viaduct; Housing Action Board shall adopt discretion to enter into agreements Thence South 39°50'15" West, its own rules and order of business with the owner or owners of prop- along the southeasterly line of said and shall meet as often as a major- erties adjoining the property at Per- Detroit Superior Viaduct, a distance ity of its members deems necessary, manent Parcel No. 105-01-006, upon of 415.95 feet to a point; but at least every six (6) months. terms and conditions he deems Thence South 30°03'48" East a dis- Responsibilities of the Lead Safe appropriate, with connections fees tance of 5.19 feet to the proposed Housing Action Board shall include: and maintenance fees to be deposit- northeasterly line of said West 25th maintaining a list of housing units ed in the same fund as identified in Street; available for families forced to relo- Section 2 of this ordinance. Thence, along the proposed north- cate and providing help with prob- Section 5. That all agreements easterly line of said West 25th lems that arise as a result of forced authorized herein shall be prepared Street along a curve deflecting to relocation. by the Director of Law and shall the right, an arc distance of 35.46 contain terms and conditions that Section 8. That this ordinance is feet to a point. Said curve having protect the City’s interest. declared to be an emergency mea- delta of 67°43'19", a radius of 30.00 Section 6. That this ordinance is sure and, provided it receives the feet and a chord that bears North declared to be an emergency mea- affirmative vote of two-thirds of all 68°12'01" West, 33.43 feet; sure and, provided it receives the the members elected to Council, it Thence, continuing along the pro- affirmative vote of two-thirds of all shall take effect and be in force posed northeasterly line of said the members elected to Council, it immediately upon its passage and West 25th Street along a curve shall take effect and be in force deflecting to the left, an arc dis- approval by the Mayor; otherwise it immediately upon its passage and shall take effect and be in force tance of 54.58 feet to a point. Said approval by the Mayor; otherwise it curve having delta of 4°55'03", a from and after the earliest period shall take effect and be in force radius of 636.00 feet and a chord allowed by law. from and after the earliest period that bears North 36°47'53" West, Referred to Directors of Public allowed by law. 54.57 feet to the principal place of Health, Building and Housing, Com- Referred to Directors of Public beginning and containing 24,915 munity Development, Finance, Law; Utilities, Finance, Law; Committees square feet (0.5720 acres) of land, be Committees on Health and Human on Utilities, Finance. the same more or less but subject to Services, Development Planning and all legal highways; Sustainability, Finance. FIRST READING EMERGENCY Bearings are to an assumed merid- RESOLUTIONS REFERRED ian and are used to denote angles Ord. No. 749-2019. only. By Council Members Keane and Res. No. 704-2019. Kelley (by departmental request). By Council Member McCormack. THE VACATION OF A PORTION OF An emergency ordinance authoriz- An emergency resolution declar- DETROIT AVENUE. ing the Director of Public Utilities ing the intent to vacate a portion of Situated in the City of Cleveland, to enter into one or more contracts the Detroit Superior Viaduct and a County of Cuyahoga and State of with Landmark Lakeshore, LLC, or portion of Detroit Avenue; and to Ohio and being part of Original its designee, to accept the sanitary repeal Resolution 1130-18, adopted Brooklyn Township Lot No. 70, flow from the Shoreline Apartments October 15, 2018. bounded and described as follows: on North Marginal Road into the Whereas, this Council is satisfied Beginning at an Iron Pin Monu- City’s 8” Force Main on East 55th that there is good cause to vacate a ment found at the centerline inter- Street, and to charge a connection portion of the Detroit Superior section of West 24th Street, 33 feet fee and fees for future maintenance Viaduct and a portion of Detroit wide, and Detroit Avenue, 66 feet on the Force Main; and to enter into Avenue, as described in this ordi- wide. similar agreements with the owners nance; and Thence North 35°10'04" West, of properties adjoining the Land- Whereas, this resolution consti- along the centerline of said West mark Lakeshore, LLC property; and tutes an emergency measure provid- 24th Street, a distance of 29.08 feet to create a fund for connection and ing for the usual daily operation of to a point; maintenance fees. a municipal department; now, there- Thence South 54°49'56" West a Whereas, this ordinance consti- fore, distance of 16.50 feet to the south- tutes an emergency measure provid- Be it resolved by the Council of westerly line of said West 24th ing for the usual daily operation of the City of Cleveland: Street also being the northwesterly a municipal department; now, there- Section 1. That this Council line of Detroit Avenue: fore, declares its intent to vacate the fol- Thence South 34°31'16" West, Be it ordained by the Council of lowing-described real property: along the northwesterly line of said the City of Clevelaand: Detroit Avenue, a distance of 35.12 Section 1. That the Director of THE VACATION OF A PORTION OF feet to the Principal Place of Begin- Public Utilities is authorized to THE DETROIT SUPERIOR ning of land herein described; enter into one or more contracts VIADUCT Thence South 35°12'07" East a dis- with Landmark Lakeshore, LLC, Situated in the City of Cleveland, tance of 37.33 feet; owner of Permanent Parcel No. 105- County of Cuyahoga and State of Thence South 55°43'14" West a 01-006, or its designee, (“Landmark”) Ohio and being part of Original distance of 96.83 feet to the north- to accept the sanitary flow from Brooklyn Township Lot No. 70, westerly line of said Detroit Avenue; The Shoreline Apartments located at bounded and described as follows: Thence North 34°31'16" East, 5455 North Marginal Road west of Beginning at an Iron Pin Monu- along said northwesterly line of East 55th Street. The agreement ment found at the intersection of Detroit Avenue , a distance of 103.21 shall contain the provisions that West 25th Street, 60 feet wide, and feet to the Principal Place of Begin- Landmark will pay a one-time fee to Detroit Avenue, 66 feet wide. ning and containing 1,807 square 935 30 The City Record June 5, 2019 feet (0.0415 acres) of land, be the have proposed a new plan for pub- estimated assessment amounts for same more or less but subject to all lic services benefitting all of the each lot or parcel of land to be legal highways; District, as expanded (“Plan”), and assessed, which are based on the Bearings are to an assumed merid- have submitted the Plan as part of estimated cost of the Plan. After the ian and are used to denote angles the Petitions proposing expansion estimated special assessments have only. and continuation of the District; and been filed, the Clerk of Council shall Legal Descriptions approved by Whereas, the Petitions, including cause notice of the adoption of this Greg Esber, Section Chief, Plats, the Articles of Incorporation of the resolution and the amounts of esti- Surveys and House Numbering Sec- Corporation and all amendments mated special assessments to be tion. thereto (“Articles”) and the Plan, served in the manner provided by Section 2. That Resolution No. have been submitted to the munici- law on the owners of all lots and 1130-18, adopted October 15, 2018 is pal executive (“Mayor”) and the leg- parcels to be assessed. repealed. islative authority (“Council”) of the Section 9. That payment for the Section 3. That this resolution is City; and assessments shall be due in each of declared to be an emergency mea- Whereas, under Section 1710.02(E) the years 2020, 2021, 2022, 2023, and sure and, provided it receives the of the Revised Code, the City has 2024, which payment may occur affirmative vote of two-thirds of all sixty days to approve or disapprove prior to the commencement of the the members elected to Council, it the Petitions by resolution; and services to be provided under the shall take effect and be in force Whereas, this resolution consti- Plan. The Clerk of Council shall cer- immediately upon its adoption and tutes an emergency measure provid- tify unpaid assessments to the coun- approval by the Mayor; otherwise it ing for the usual daily operation of ty auditor to be placed on the tax shall take effect and be in force a municipal department; now, there- list and collected with and in the from and after the earliest period fore, same manner as other taxes. allowed by law. Be it resolved by the Council of Section 10. That this Council finds Referred to Directors of Capital the City of Cleveland: and determines that all formal Projects, City Planning Commission, Section 1. That the Petitions, actions of this Council concerning Finance, Law; Committees on Munic- including the Amendment to the and relating to the passage of this ipal Services and Properties, Devel- Articles and the Plan, are accepted opment Planning and Sustainability. resolution were adopted in an open and approved and are placed in File meeting of the Council and that all No.______. Res. No. 711-2019. deliberations of the Council and of Section 2. That, under Chapter any of its committees that resulted By Council Members McCormack, 1710 of the Revised Code, the Dis- Brancatelli and Kelley (by depart- in those formal actions were in trict is hereby continued and meetings open to the public in com- mental request). expanded with approximate bound- pliance with the law. An emergency resolution approv- aries as follows: Section 11. That, pursuant to ing the continuation and expansion On the North by Detroit Avenue to O.R.C. §727.12, this resolution of of the Ohio City - Cleveland Busi- West 33rd Street; on the South by necessity requires the affirmative ness Improvement District as a Spe- 2144 West 25th Street; on the west vote of three-fourths of all the mem- cial Improvement District in the by Lorain Avenue and West 50th bers elected to Council for passage. City; accepting petitions from own- Street; and on the East along West ers of property in the District; 24th Street, West 25th Street and Section 12. That this resolution is approving an amendment to the Gehring Avenue, as more particu- declared to be an emergency mea- Articles of Incorporation of the Mar- larly depicted on the map attached sure and, provided it receives the ket District Improvement Corpora- as Exhibit A of the Plan. affirmative vote of two-thirds of all tion; approving a new plan for Section 3. That it is determined the members elected to Council, it public services; declaring it neces- and declared necessary and con- shall take effect and be in force sary to provide safety, cleaning, and ducive to the public health, conve- immediately upon its adoption and other services for the District; and nience and welfare of the City to approval by the Mayor; otherwise it providing for the assessment of the provide safety and security services, shall take effect and be in force cost of such work upon benefited cleaning and maintenance services, from and after the earliest period property in the District; and declar- and additional permitted services allowed by law. ing an emergency. for the District, for an additional Referred to Directors of City Plan- Whereas, Chapter 1710 of the Ohio ning Commission, Finance, Law; Revised Code (“Revised Code”) five-year period commencing Janu- ary 1, 2020. Committees on Development Plan- authorizes the formation of special ning and Sustainability, Finance. improvement districts within the Section 4. That it is determined boundaries of a municipality by that the property contained within Res. No. 748-2019. petition of property owners in a dis- the District will be specially bene- By Council Members Griffin, Kel- trict and approval by the munici- fited by the above described public ley, McCormack and Mayor Jackson. pality for the purpose of developing services and shall be assessed to and implementing plans for public pay for the cost of the services, cal- An emergency resolution calling improvements and public services culated in proportion to the benefits upon health organizations including that benefit a district; and that may result from the services. hospitals and providers of Medicaid Whereas, owners of at least sixty Section 5. That the Plan placed in services to guarantee that Cleve- percent of the front footage of all the above mentioned file is land-area infants and children under real property located in the Ohio approved at an estimated cost of age six are screened and tested for City - Cleveland Business Improve- $3,026,207. lead to help prevent lead poisoning. ment District (“District”) (formerly Section 6. That the entire cost of Whereas, Ohio law requires all known as The Market District – the Plan will be paid by special healthcare providers to administer Cleveland Business Improvement assessment of the property in the blood lead tests to children at age 1 District) that abuts upon any street, District levied in proportion to the and 2, or up to age 6 if no previous alley, public road, place, boulevard, benefits that may result from the test has been completed based on parkway, park entrance, easement, services within the District. The whether the child is on Medicaid, or other existing public improve- cost of the Plan shall include the lives in a high-risk ZIP code, or has ment within the District, excluding cost of printing, serving, and pub- certain other risk factors; and certain property as provided in Sec- lishing notices, resolutions, and ordi- Whereas, not enough Ohio chil- tion 1710.02(E) of the Revised Code, nances; the costs incurred in dren meeting these criteria are test- have signed petitions (“Petitions”) connection with the preparation, ed as required by law: in 2016-17, of requesting that the City of Cleve- levy, and collection of the special the children receiving Medicaid in land (“City”) renew and expand the assessments; the expenses of legal the Cleveland Metropolitan School District as described in this ordi- services; the cost of all labor and District and 11 inner-ring suburban nance; and materials; and all other necessary school districts 90% were tested at Whereas, the District is governed expenditures allowed by law. least once between birth and kinder- by the Ohio City Improvement Cor- Section 7. That the City will not garten entry; 50% were tested at poration (“Corporation”) (formerly issue securities in anticipation of age one year; 34.6% were tested at known as the Market District either the levy or the collection of age 2; and 21.5% were tested at both Improvement Corporation), an Ohio the special assessments for the cost ages 1 and 2; and nonprofit corporation formed under of the Plan. Whereas, this Council understands Chapters 1702 and 1710 of the Section 8. That the City Commis- that it is most important to first test Revised Code; and sioner of Assessments and Licenses lead blood levels in children early - Whereas, under Section 1710.02(F) is authorized to prepare and sepa- between ages one and 2 – and often, of the Revised Code, the petitioners rately file with the clerk of Council through age 6; and 936 June 5, 2019 The City Record 31

Whereas, area hospital systems, FIRST READING EMERGENCY amount of any purchase under the medical facilities and health care ORDINANCES READ IN FULL contract, each of which purchases providers must be the driving force AND PASSED shall be made on order of the Com- in providing adequate screening and missioner of Purchases and Supplies testing services that are easily Ord. No. 729-2019. by a delivery order issued against accessible and readily available to By Council Members Johnson and the contract or contracts and certi- Cleveland-area children and their Kelley (by departmental request). fied by the Director of Finance. families; and An emergency ordinance authoriz- Section 4. That under Section Whereas, area health organiza- ing the Director of Public Works to 108(b) of the Charter, the purchases tions including hospitals and employ one or more professional authorized by this ordinance may be providers of Medicaid services must consultants to provide parking made through cooperative arrange- make concerted efforts to join with meter consultant services, for a one- ments with other governmental the Department of Public Health year period; and to enter into vari- agencies. The Director of Public and the Healthy Homes Advisory ous written standard purchase and Works may sign all documents that Council to provide screening and requirement contracts for the pur- are necessary to make the purchas- testing of young children where chase of parking meters and relat- es, and may enter into one or more they are most likely to be – includ- ed equipment and services, contracts with the vendors selected ing at schools, area libraries, recre- including installation. through that cooperative process. ation centers, and through area Whereas, this ordinance consti- Section 5. That the cost of the pro- community programs; and tutes an emergency measure provid- fessional services and standard con- Whereas, this Council encourages ing for the usual daily operation of tracts and other expenditures that a communication strategy be a municipal department; now, there- authorized shall be paid from Fund developed between the City and out- fore, Nos. 20 SF 566, 20 SF 573, 20 SF 578, side entities, including Cleveland Be it ordained by the Council of and 20 SF 585, RQS 7008, RL 2019- public and private schools, to pro- the City of Cleveland: 60. vide lead poisoning prevention edu- Section 1. That the Director of Section 6. That this ordinance is cation and further encourages the Public Works is authorized to declared to be an emergency mea- Department of Health continue to employ by contract or contracts one sure and, provided it receives the coordinate with the City’s recreation or more consultants or one or more affirmative vote of two-thirds of all centers and other programs operat- firms of consultants for the purpose the members elected to Council, it ed or funded by the City to provide of supplementing the regularly shall take effect and be in force lead poisoning prevention informa- employed staff of the several depart- immediately upon its passage and tion, lead screening and referrals ments of the City of Cleveland in approval by the Mayor; otherwise it for lead testing; and order to provide professional ser- shall take effect and be in force Whereas, this Council encourages vices necessary to provide parking from and after the earliest period the Department of Public Health to meter consulting services, including allowed by law. establish and make public a list of but not limited to, strategic, opera- Motion to suspend rules, Charter, organizations that provide on-site tional and logistical planning for and statutory provisions and place and/or mobile screening, testing or parking meter placement, mainte- on final passage. testing referrals; and nance, and administration; selection The rules were suspended. Yeas Whereas, this Council joins the of parking meter hardware mix 16. Nays 0. Read second time. Read Lead Safe Cleveland Coalition in aligned to the Strategic Plan; inte- third time in full. Passed. Yeas 16. urging the State of Ohio to establish gration of related software applica- Nays 0. a better detailed, timely and tions; development of the roadmap enforceable database of lead testing to integrate related parking meter Ord. No. 730-2019. that includes city, county and state financial information; and assis- By Council Members Cleveland records; and tance with the creation of a Request and Kelley (by departmental Whereas, this resolution consti- for Proposals to install parking request). tutes an emergency measure provid- meter hardware and software. An emergency ordinance authoriz- ing for the usual daily operation of The selection of the consultant or ing the Commissioner of Purchases a municipal department; now, there- consultants for the services shall be and Supplies to make one or more fore, made by the Board of Control on the purchase orders with Black Box Net- Be it resolved by the Council of nomination of the Director of Public work Services for professional ser- the City of Cleveland: Works from a list of qualified con- vices necessary to continue to Section 1. That this Council calls sultants available for employment maintain, support, and further upon health organizations including as may be determined after a full enhance the Unified Computing Ser- hospitals and providers of Medicaid and complete canvass by the Direc- vices Infrastructure in order to services to guarantee that Cleve- tor of Public Works for the purpose ensure a safe and secure IT net- land-area infants and children under of compiling a list. The compensa- work, including but not limited to, age six are screened and tested for tion to be paid for the services shall upgrading, installation and integra- lead to help prevent lead poisoning. be fixed by the Board of Control. tion, for the Department of Port Con- Section 2. That the Clerk is direct- The contract or contracts authorized trol. ed to forward copies of this resolu- shall be prepared by the Director of Whereas, under Ordinance No. 568- tion to representatives from the Law, approved by the Director of 2019, passed April 29, 2019, this Cuyahoga County Board of Health Public Works, and certified by the Council determined the urgency of and Department of Development, Director of Finance. the malware infection at the Depart- Case Western Reserve University, Section 2. That the Director of ment of Port Control required imme- Environmental Health Watch, Unit- Public Works is authorized to make diate action and retained Black Box ed Way of Greater Cleveland, the one or more written standard pur- Network Services (“Black Box”) to , Cleveland Metro- chase contracts and written require- perform the needed remedial work politan School District, the Metro- ment contracts under the Charter and security enhancements; and Health System, Sisters of Charity and the Codified Ordinances of Whereas, through Black Box’s Health System, University Hospitals, Cleveland, Ohio, 1976, the period of work, the Department of Port Con- UH Rainbow Babies & Children’s requirements to be determined by trol now has a new Unified Com- Hospital. the director, for the necessary items puting Services Infrastructure Section 3. That this resolution is of parking meters and related equip- (“UCS”) and the Department desires hereby declared to be an emergency ment and services, including instal- to continue to maintain, support, measure and, provided it receives lation, to be purchased by the and further enhance the UCS in the affirmative vote of two-thirds of Commissioner of Purchases and Sup- order to ensure a safe and secure IT all the members elected to Council, plies on a unit basis for the Depart- network, including but not limited it shall take effect and be in force ment of Public Works. Bids shall be to, upgrading, installation and inte- immediately upon its adoption and taken in a manner that permits an gration; and approval by the Mayor; otherwise, it award to be made for all items as Whereas, this ordinance consti- shall take effect and be in force a single contract, or by separate tutes an emergency measure provid- from and after the earliest period contract for each or any combina- ing for the usual daily operation of allowed by law. tion of the items as the Board of a municipal department; now, there- Referred to Directors of Public Control determines. fore, Health, Building and Housing, Com- Section 3. That the costs of the Be it ordained by the Council of munity Development, Finance, Law; requirement contract or contracts the City of Cleveland: Committees on Health and Human shall be charged against the proper Section 1. That the Commissioner Services, Development Planning and appropriation accounts and the of Purchases and Supplies is autho- Sustainability, Finance. Director of Finance shall certify the rized to make one or more purchase 937 32 The City Record June 5, 2019 orders with Black Box, based on its immediately upon its passage and Whereas, this ordinance consti- proposal dated May 30, 2019, in the approval by the Mayor; otherwise it tutes an emergency measure provid- estimated amount of $112,004.75, for shall take effect and be in force ing for the usual daily operation of professional services necessary to from and after the earliest period a municipal department; now, there- continue to maintain, support, and allowed by law. fore, further enhance the UCS in order to Motion to suspend rules, Charter, Be it ordained by the Council of ensure a safe and secure IT net- and statutory provisions and place the City of Cleveland: work, including but not limited to, on final passage. Section 1. That the Title and Sec- upgrading, installation and integra- The rules were suspended. Yeas tions 1 and 2 of Ordinance No. 600- tion. 16. Nays 0. Read second time. Read 2019 passed May 6, 2019 are hereby Section 2. That the purchase third time in full. Passed. Yeas 16. amended to read as follows: orders shall be paid from Fund Nos. Nays 0. An emergency ordinance authoriz- 60 SF 001, 60 SF 104, 60 SF 105, 60 ing the Director of the Department SF 115, 60 SF 116, 60 SF 126, 60 SF Ord. No. 733-2019. of Aging to enter into an agreement 128, 60 SF 130, 60 SF 141, 60 SF 160, By Council Members Bishop, John- with Mt. Pleasant NOW Develop- from the fund to which are credited son and Griffin. ment Corporation for the Senior passenger facility charges if autho- An emergency ordinance amend- Lawn Care and Snow Removal Pro- rized for this purpose, and from the ing the Title and Section 1 of Ordi- gram through the use of Wards 1, 2 fund or funds to which are credited nance No. 563-2019 passed April 29, and 4 Casino Revenue Funds. the proceeds of any grant received, 2019, as it pertains to authorizing Section 1. That the Director of the RQS 3001, RL 2019-66. the Director of the Department of Department of Aging be authorized Section 3. That this ordinance is Community Development to enter to enter into an agreement effective declared to be an emergency mea- into agreement with the Beauty & June 1, 2019 with Mt Pleasant NOW sure and, provided it receives the Barber Empowerment Center, LLC Development Corporation for the affirmative vote of two-thirds of all for the Beauty and Empowerment Senior Lawn Care and Snow the members elected to Council, it Center Program through the use of Removal Program for the public shall take effect and be in force Wards 2, 4 and 6 Casino Revenue purpose of assisting senior citizens immediately upon its passage and Funds. residing in the city of Cleveland approval by the Mayor; otherwise it Whereas, this ordinance consti- with grass cutting and lawn main- shall take effect and be in force tutes an emergency measure provid- tenance care through the use of from and after the earliest period ing for the usual daily operation of Wards 1, 2 and 4 Casino Revenue allowed by law. a municipal department; now, there- Funds. Section 2. That the cost of said Motion to suspend rules, Charter, fore, contract shall be in an amount not and statutory provisions and place Be it ordained by the Council of to exceed $70,000 and shall be paid on final passage. the City of Cleveland: from Fund No. 10 SF 188. The rules were suspended. Yeas Section 1. That the Title and Sec- Section 2. That the Title and Sec- 16. Nays 0. Read second time. Read tion 1 of Ordinance No. 563-2019 tions 1 and 2 of Ordinance No. 600- third time in full. Passed. Yeas 16. passed April 29 are hereby amended 2019 passed May 6, 2019 are hereby Nays 0. to read as follows: repealed. An emergency ordinance authoriz- Section 3. That this ordinance is Ord. No. 732-2019. ing the Director of the Department hereby declared to be an emergency By Council Members J. Jones, of Community Development to enter measure and, provided it receives Bishop, McCormack, Johnson, Cleve- into agreement with the Beauty & the affirmative vote of two-thirds of land, Griffin, B. Jones, Polensek, Barber Empowerment Center, LLC all the members elected to Council, Conwell, Hairston, Brancatelli, Kel- for the Beauty and Empowerment it shall take effect and be in force ley, Santana, Zone, Kazy and Keane. Center Program through the use of immediately upon its passage and An emergency ordinance authoriz- Wards 2, 4 and 6 Casino Revenue approval by the Mayor; otherwise it ing the Director of the Department Funds. shall take effect and be in force of Community Development to enter Section 1. That the Director of the from and after the earliest period into agreement with United Way of Department of Community Develop- allowed by law. Greater Cleveland for the Lead Safe ment is hereby authorized to enter Motion to suspend rules, Charter, Summit Expo through the use of into agreement effective February 1, and statutory provisions and place Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 2019 with the Beauty & Barber on final passage. 13, 14, 15, 16, and 17 Casino Revenue Empowerment Center, LLC for the The rules were suspended. Yeas Funds. Beauty and Empowerment Center 16. Nays 0. Read second time. Read Whereas, this ordinance consti- Program for the public purpose of third time in full. Passed. Yeas 16. tutes an emergency measure provid- providing a cosmetology training Nays 0. ing for the usual daily operation of program for city of Cleveland resi- a municipal department; now, there- dents through the use of Wards 2, Ord. No. 735-2019. fore, 4, and 6 Casino Revenue Funds. By Council Member McCormack. Be it ordained by the Council of Section 2. That the Title and Sec- An emergency ordinance authoriz- the City of Cleveland: tion 1 of Ordinance No. 563-2019 ing the Director of the Department Section 1. That the Director of the passed April 29 are hereby repealed. of Public Works to enter into agree- Department of Community Develop- Section 3. That this ordinance is ment with the Tremont West Devel- ment is hereby authorized to enter hereby declared to be an emergency opment Corporation for the Arts in into agreement effective June 5, measure and, provided it receives August Expo through the use of 2019, with the United Way of the affirmative vote of two-thirds of Ward 3 Casino Revenue Funds. Greater Cleveland for the Lead Safe all the members elected to Council, Whereas, this ordinance consti- Summit Expo for the public purpose it shall take effect and be in force tutes an emergency measure provid- of providing educational program- immediately upon its passage and ing for the usual daily operation of ming on lead poisoning prevention approval by the Mayor; otherwise it a municipal department; now, there- to city of Cleveland residents shall take effect and be in force fore, through the use of Wards 1, 2, 3, 4, from and after the earliest period Be it ordained by the Council of 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and allowed by law. the City of Cleveland: 17 Casino Revenue Funds. Motion to suspend rules, Charter, Section 1. That the Director of the Section 2. That the cost of said and statutory provisions and place Department of Public Works is here- contract shall be in an amount not on final passage. by authorized to enter into agree- to exceed $14,500 and shall be paid The rules were suspended. Yeas ment effective July 1, 2019 with the from Fund No. 10 SF 188. 16. Nays 0. Read second time. Read Tremont West Development Corpo- Section 3. That the Director of third time in full. Passed. Yeas 16. ration for the Arts in August Expo Law shall prepare and approve said Nays 0. for the public purpose of providing contract and that the contract shall performing arts education to city of contain such terms and provisions Ord. No. 734-2019. Cleveland residents through the use as he deems necessary to protect the By Council Member Johnson. of Ward 3 Casino Revenue Funds. City’s interest. An emergency ordinance amend- Section 2. That the cost of said Section 4. That this ordinance is ing the Title and Sections 1 and 2 contract shall be in an amount not hereby declared to be an emergency of Ordinance No. 600-2019, passed to exceed $5,000 and shall be paid measure and, provided it receives May 6, 2019 as it pertains to Senior from Fund No. 10 SF 188. the affirmative vote of two-thirds of Lawn Care and Snow Removal Pro- Section 3. That the Director of all the members elected to Council, gram through the use of Wards 1, 2 Law shall prepare and approve said it shall take effect and be in force and 4 Casino Revenue Funds. contract and that the contract shall 938 June 5, 2019 The City Record 33 contain such terms and provisions Whereas, this ordinance consti- Section 4. That this ordinance is as he deems necessary to protect the tutes an emergency measure provid- hereby declared to be an emergency City’s interest. ing for the usual daily operation of measure and, provided it receives Section 4. That this ordinance is a municipal department; now, there- the affirmative vote of two-thirds of hereby declared to be an emergency fore, all the members elected to Council, measure and, provided it receives Be it ordained by the Council of it shall take effect and be in force the affirmative vote of two-thirds of the City of Cleveland: immediately upon its passage and all the members elected to Council, Section 1. That the Director of the approval by the Mayor; otherwise it it shall take effect and be in force Department of Community Develop- shall take effect and be in force immediately upon its passage and ment is hereby authorized to enter from and after the earliest period approval by the Mayor; otherwise it into agreement effective June 3, allowed by law. shall take effect and be in force 2019 with Constellation Schools Old Motion to suspend rules, Charter, from and after the earliest period Brooklyn Community Elementary and statutory provisions and place allowed by law. for the Kaboom School Playground on final passage. Motion to suspend rules, Charter, Installation Project for the public The rules were suspended. Yeas and statutory provisions and place purpose of providing a new commu- 16. Nays 0. Read second time. Read on final passage. nity playground for youth residing third time in full. Passed. Yeas 16. The rules were suspended. Yeas in the city of Cleveland through the Nays 0. 16. Nays 0. Read second time. Read use of Ward 13 Casino Revenue third time in full. Passed. Yeas 16. Funds. Ord. No. 739-2019. Nays 0. Section 2. That the cost of said By Council Members Johnson and contract shall be in an amount not Griffin. Ord. No. 736-2019. to exceed $8,000 and shall be paid An emergency ordinance authoriz- By Council Members McCormack, from Fund No. 10 SF 188. ing the Director of the Department Cleveland, Griffin, Brancatelli, Zone Section 3. That the Director of of Community Development to enter and Keane. Law shall prepare and approve said into agreement with the Greater An emergency ordinance authoriz- contract and that the contract shall Cleveland Urban Film Foundation ing the Director of the Department contain such terms and provisions for the GCUFF Healing Art Com- of Community Development to enter as he deems necessary to protect the munity Fair through the use of into agreement with Cleveland Pub- City’s interest. Wards 4 and 6 Casino Revenue lic Theatre for the Student Theatre Section 4. That this ordinance is Funds. Enrichment Program (STEP) hereby declared to be an emergency Whereas, this ordinance consti- through the use of Wards 3, 5, 6, 12, measure and, provided it receives tutes an emergency measure provid- 15 and 17 Casino Revenue Funds. the affirmative vote of two-thirds of ing for the usual daily operation of Whereas, this ordinance consti- all the members elected to Council, a municipal department; now, there- tutes an emergency measure provid- ing for the usual daily operation of it shall take effect and be in force fore, a municipal department; now, there- immediately upon its passage and Be it ordained by the Council of fore, approval by the Mayor; otherwise it the City of Cleveland: Be it ordained by the Council of shall take effect and be in force Section 1. That the Director of the the City of Cleveland: from and after the earliest period Department of Community Develop- Section 1. That the Director of the allowed by law. ment is hereby authorized to enter Department of Community Develop- Motion to suspend rules, Charter, into agreement effective July 1, 2019 ment is hereby authorized to enter and statutory provisions and place with the Greater Cleveland Urban into agreement effective June 1, on final passage. Film Foundation for the GCUFF 2019 with The rules were suspended. Yeas Healing Art Community Fair for the for the Student Theatre Enrichment 16. Nays 0. Read second time. Read public purpose of providing educa- Program (STEP) for the public pur- third time in full. Passed. Yeas 16. tional health wellness sessions and pose of providing theatre education Nays 0. health screenings for hypertension, and training on live arts to city of diabetes, and other pre-existing Cleveland youth through the use of Ord. No. 738-2019. health issues to city of Cleveland Wards 3, 5, 6, 12, 15 and 17 Casino By Council Members J. Jones and residents through the use of Wards Revenue Funds. Bishop. 4 and 6 Casino Revenue Funds. Section 2. That the cost of said An emergency ordinance authoriz- Section 2. That the cost of said contract shall be in an amount not ing the Director of the Department contract shall be in an amount not to exceed $40,000 and shall be paid of Community Development to enter to exceed $17,000 and shall be paid from Fund No. 10 SF 188. into agreement with Mt. Pleasant from Fund No. 10 SF 188. Section 3. That the Director of NOW Development Corporation for Section 3. That the Director of Law shall prepare and approve said the Family Unity Day Expo through Law shall prepare and approve said contract and that the contract shall the use of Wards 1 and 2 Casino contract and that the contract shall contain such terms and provisions Revenue Funds. contain such terms and provisions as he deems necessary to protect the Whereas, this ordinance consti- as he deems necessary to protect the City’s interest. tutes an emergency measure provid- City’s interest. Section 4. That this ordinance is ing for the usual daily operation of Section 4. That this ordinance is hereby declared to be an emergency a municipal department; now, there- hereby declared to be an emergency measure and, provided it receives fore, measure and, provided it receives the affirmative vote of two-thirds of Be it ordained by the Council of the affirmative vote of two-thirds of all the members elected to Council, the City of Cleveland: it shall take effect and be in force all the members elected to Council, immediately upon its passage and Section 1. That the Director of the it shall take effect and be in force approval by the Mayor; otherwise it Department of Community Develop- immediately upon its passage and shall take effect and be in force ment is hereby authorized to enter approval by the Mayor; otherwise it from and after the earliest period into agreement effective June 1, shall take effect and be in force allowed by law. 2019 with Mt. Pleasant NOW Devel- from and after the earliest period Motion to suspend rules, Charter, opment Corporation for the Family allowed by law. and statutory provisions and place Unity Day Expo for the public pur- Motion to suspend rules, Charter, on final passage. pose for providing information and and statutory provisions and place The rules were suspended. Yeas education on the social support pro- on final passage. 16. Nays 0. Read second time. Read grams and services that are avail- The rules were suspended. Yeas third time in full. Passed. Yeas 16. able for low to moderate income 16. Nays 0. Read second time. Read Nays 0. families residing in the city of third time in full. Passed. Yeas 16. Cleveland through the use of Wards Nays 0. Ord. No. 737-2019. 1 and 2 Casino Revenue Funds. By Council Member Kelley. Section 2. That the cost of said Ord. No. 740-2019. An emergency ordinance authoriz- contract shall be in an amount not By Council Member Bishop. ing the Director of the Department to exceed $15,000 and shall be paid An emergency ordinance authoriz- of Community Development to enter from Fund No. 10 SF 188. ing the Director of the Department into agreement with Constellation Section 3. That the Director of of Public Works to enter into agree- Schools Community Law shall prepare and approve said ment with the Jarvis Gibson Foun- Elementary for the Kaboom School contract and that the contract shall dation for the Mt. Pleasant Rebels Playground Installation Project contain such terms and provisions Educational & Sports Program through the use of Ward 13 Casino as he deems necessary to protect the through the use of Ward 2 Casino Revenue Funds. City’s interest. Revenue Funds. 939 34 The City Record June 5, 2019

Whereas, this ordinance consti- approval by the Mayor; otherwise it Section 1. That the Director of the tutes an emergency measure provid- shall take effect and be in force Department of Public Works is here- ing for the usual daily operation of from and after the earliest period by authorized to enter into an agree- a municipal department; now, there- allowed by law. ment effective August 1, 2019 with fore, Motion to suspend rules, Charter, Merrick House for the Tremont Arts Be it ordained by the Council of and statutory provisions and place & Cultural Expo for the public pur- the City of Cleveland: on final passage. pose of providing educational activ- Section 1. That the Director of the The rules were suspended. Yeas ities on cultural diversity and ethnic Department of Public Works is here- 16. Nays 0. Read second time. Read customs to residents residing in the by authorized to enter into an agree- third time in full. Passed. Yeas 16. city of Cleveland through the use of ment with the Jarvis Gibson Nays 0. Wards 3, 12 and 14 Casino Revenue Foundation for the Mt. Pleasant Funds. Rebels Educational & Sports Pro- Ord. No. 742-2019. Section 2. That the cost of said gram for the public purpose of pro- By Council Member B. Jones. contract shall be in an amount not viding after-school educational and An emergency ordinance authoriz- to exceed $10,000 and shall be paid organized sports activities for youth ing the Director of the Department from Fund No. 10 SF 188. residing in the city of Cleveland of Economic Development to enter Section 3. That the Director of through the use of Ward 2 Casino into agreement with Lexington Bell Law shall prepare and approve said Revenue Funds. Community Center for the acquisi- contract and that the contract shall Section 2. That the cost of said tion and renovation of the Superior contain such terms and provisions contract shall be in an amount not Beverage Building through the use as he deems necessary to protect the to exceed $7,000 and shall be paid of Ward 7 Casino Revenue Funds City’s interest. from Fund No. 10 SF 188. and Neighborhood Capital Funds. Section 4. That this ordinance is Section 3. That the Director of Whereas, this ordinance consti- hereby declared to be an emergency Law shall prepare and approve said tutes an emergency measure provid- measure and, provided it receives contract and that the contract shall ing for the usual daily operation of the affirmative vote of two-thirds of contain such terms and provisions a municipal department; now, there- all the members elected to Council, as he deems necessary to protect the fore, it shall take effect and be in force City’s interest. Be it ordained by the Council of immediately upon its passage and Section 4. That this ordinance is the City of Cleveland: approval by the Mayor; otherwise it hereby declared to be an emergency Section 1. That the Director of the shall take effect and be in force measure and, provided it receives Department of Economic Develop- from and after the earliest period the affirmative vote of two-thirds of ment is hereby authorized to enter allowed by law. all the members elected to Council, into agreement with Lexington Bell Motion to suspend rules, Charter, it shall take effect and be in force Community Center for the acquisi- and statutory provisions and place immediately upon its passage and tion and renovation of the Superior on final passage. approval by the Mayor; otherwise it beverage Building located at 6203 The rules were suspended. Yeas shall take effect and be in force Superior Avenue, Cleveland, Ohio for 16. Nays 0. Read second time. Read from and after the earliest period the public purpose of promoting eco- third time in full. Passed. Yeas 16. allowed by law. nomic development and new job cre- Nays 0. Motion to suspend rules, Charter, ation through the use of Ward 7 and statutory provisions and place Casino Revenue Funds and Neigh- Ord. No. 744-2019. on final passage. borhood Capital Funds. By Council Member Bishop. The rules were suspended. Yeas Section 2. That the cost of said An emergency ordinance authoriz- 16. Nays 0. Read second time. Read contract shall be in an amount not ing the Director of the Department third time in full. Passed. Yeas 16. to exceed $225,000 and shall be paid of Community Development to enter Nays 0. from Fund No. 10 SF 177, and Fund into agreement with Union Miles No. 10 SF 188. Development Corporation for the Ord. No. 741-2019. Section 3. That the Director of Feasibility Study for a Veteran Ser- By Council Member McCormack. Law shall prepare and approve said vice Center and Housing Project for An emergency ordinance authoriz- contract and that the contract shall Homeless Veterans through the use ing the Director of the Department contain such terms and provisions of Ward 2 Casino Revenue Funds. of Public Works to enter into agree- as he deems necessary to protect the Whereas, this ordinance consti- ment with Ukrainian Museum City’s interest. tutes an emergency measure provid- Archives for the Ukrainian and Section 4. That this ordinance is ing for the usual daily operation of Cleveland History Expo through the hereby declared to be an emergency a municipal department; now, there- use of Ward 3 Casino Revenue measure and, provided it receives fore, Funds. the affirmative vote of two-thirds of Be it ordained by the Council of Whereas, this ordinance consti- all the members elected to Council, the City of Cleveland: tutes an emergency measure provid- it shall take effect and be in force Section 1. That the Director of the ing for the usual daily operation of immediately upon its passage and Department of Community Develop- a municipal department; now, there- approval by the Mayor; otherwise it ment is hereby authorized to enter fore, shall take effect and be in force into agreement with Union Miles Be it ordained by the Council of from and after the earliest period Development Corporation for the the City of Cleveland: allowed by law. Feasibility Study for a Veteran Ser- Section 1. That the Director of the Motion to suspend rules, Charter, vice Center and Housing Project for Department of Public Works is here- and statutory provisions and place the public purpose of providing new by authorized to enter into agree- on final passage. neighborhood and residential devel- ment effective June 1, 2019 with The rules were suspended. Yeas opment for city of Cleveland resi- Ukrainian Museum Archives for the 16. Nays 0. Read second time. Read dents through the use of Ward 2 Ukrainian and Cleveland History third time in full. Passed. Yeas 16. Casino Revenue Funds. Expo through the use of Ward 3 Nays 0. Section 2. That the cost of said Casino Revenue Funds. contract shall be in an amount not Section 2. That the cost of said Ord. No. 743-2019. to exceed $5,000 and shall be paid contract shall be in an amount not By Council Members McCormack, from Fund No. 10 SF 188. to exceed $5,000 and shall be paid Brancatelli and Santana. Section 3. That the Director of from Fund No. 10 SF 188. An emergency ordinance authoriz- Law shall prepare and approve said Section 3. That the Director of ing the Director of the Department contract and that the contract shall Law shall prepare and approve said of Public Works to enter into an contain such terms and provisions contract and that the contract shall agreement with Merrick House for as he deems necessary to protect the contain such terms and provisions the Tremont Arts & Cultural Expo City’s interest. as he deems necessary to protect the through the use of Wards 3, 12 and Section 4. That this ordinance is City’s interest. 14 Casino Revenue Funds. hereby declared to be an emergency Section 4. That this ordinance is Whereas, this ordinance consti- measure and, provided it receives hereby declared to be an emergency tutes an emergency measure provid- the affirmative vote of two-thirds of measure and, provided it receives ing for the usual daily operation of all the members elected to Council, the affirmative vote of two-thirds of a municipal department; now, there- it shall take effect and be in force all the members elected to Council, fore, immediately upon its passage and it shall take effect and be in force Be it ordained by the Council of approval by the Mayor; otherwise it immediately upon its passage and the City of Cleveland: shall take effect and be in force 940 June 5, 2019 The City Record 35 from and after the earliest period significantly reducing the Local a municipal department; now, there- allowed by law. Government Fund, including elimi- fore, Motion to suspend rules, Charter, nating the Estate Tax and phasing Be it resolved by the Council of and statutory provisions and place out the Tangible Personal Property the City of Cleveland: on final passage. Tax; and Section 1. That objection to the The rules were suspended. Yeas Whereas, these reductions have transfer of ownership of a C1 and 16. Nays 0. Read second time. Read resulted in a loss of revenue of C2 Liquor Permit to West 117th Bev- third time in full. Passed. Yeas 16. $163,207,902; and erage, LLC, 1337 West 117th Street, Nays 0. Whereas, this sudden revenue loss Cleveland, Ohio 44107, Permit No. has made it increasingly difficult to 9555774, be and the same is hereby Ord. No. 745-2019. provide basic services, rebuild infra- withdrawn and Resolution No. 644- By Council Member Kazy. structure, and bolster public safety 2019, containing such objection, be An emergency ordinance authoriz- services to fight the opioid epidem- and the same is hereby repealed and ing the Director of the Department ic; and that this Council consents to the of the Department of Public Safety Whereas, when municipalities immediate permit thereof. to enter into an agreement with Bel- experience success in fostering safe Section 2. That this resolution is laire-Puritas Development Corpora- communities, building sound infra- hereby declared to be an emergency tion for the Summer Safety structure, and increasing economic measure and provided it receives the Education Film Series through the development, the State of Ohio reaps affirmative vote of two-thirds of all use of Ward 16 Casino Revenue the benefits as well; and the members elected to Council, it Funds. Whereas, this resolution consti- shall take effect and be in force Whereas, this ordinance consti- tutes an emergency measure provid- immediately upon its adoption and tutes an emergency measure provid- ing for the usual daily operation of approval by the Mayor; otherwise, it ing for the usual daily operation of a municipal department; now, there- shall take effect and be in force a municipal department; now, there- fore, from and after the earliest period fore, Whereas, this resolution consti- allowed by law. Be it ordained by the Council of tutes an emergency measure provid- Motion to suspend rules, Charter, the City of Cleveland: ing for the immediate preservation Section 1. That the Director of the and statutory provisions and place of the public peace, property, health on final adoption. Department of Public Safety into or safety in that a reinvestment of The rules were suspended. Yeas agreement effective May 23, 2018 Local Government Fund would aid 16. Nays 0. Read second time. Read with the Bellaire-Puritas Develop- the state in its goal of lowering third time in full. Adopted. Yeas ment Corporation for the Summer taxes on the individual by enabling 16. Nays 0. Safety Education Film Series for the municipalities to decrease the local public purpose of providing safety tax burden; now, therefore Res. No. 751-2019. education programming on drug use, Be it resolved by the Council of By Council Member Brady. violence and crime prevention to the City of Cleveland: city of Cleveland residents through Section 1. The Ohio General An emergency resolution with- the use of Ward 16 Casino Revenue Assembly should restore the Local drawing objection to the transfer of Funds. Government Fund to pre-recession ownership of a C1, C2 and D6 Liquor Section 2. That the cost of said levels, ensuring that these local Permit at 3778 West 117th Street and contract shall be in an amount not communities are able to provide cru- repealing Resolution No. 1060-18 to exceed $30,000 and shall be paid cial services and improvements in objecting to said permit. from Fund No. 10 SF 188. infrastructure and public safety. Whereas, this Council objected to Section 3. That the Director of Section 2. This Council does here- a transfer of ownership of a C1, C2 Law shall prepare and approve said by declare its opposition any further and D6 Liquor Permit to Jaymadi, contract and that the contract shall cuts to the Local Government Fund Inc., DBA Minimart, 3778 West 117th contain such terms and provisions or the future diversion of revenues Street, Cleveland, Ohio 44111, Permit as he deems necessary to protect the from the Local Government Fund. No. 4258670 by Resolution No. 1060- City’s interest. Section 3. That this resolution is 18 adopted by the Council on August Section 4. That this ordinance is 15, 2018; and hereby declared to be an emergency declared to be an emergency mea- sure and, provided it receives the Whereas, this Council wishes to measure and, provided it receives withdraw its objection to the above the affirmative vote of two-thirds of affirmative vote of two-thirds of all permit and consents to said permit; all the members elected to Council, the members elected to Council, it and it shall take effect and be in force shall take effect and be in force Whereas, this resolution consti- immediately upon its passage and immediately upon its adoption and approval by the Mayor; otherwise it approval by the Mayor; otherwise it tutes an emergency measure provid- shall take effect and be in force shall take effect and be in force ing for the usual daily operation of from and after the earliest period from and after the earliest period a municipal department; now, there- allowed by law. allowed by law. fore, Motion to suspend rules, Charter, Motion to suspend rules, Charter, Be it resolved by the Council of and statutory provisions and place and statutory provisions and place the City of Cleveland: on final passage. on final adoption. Section 1. That objection to the The rules were suspended. Yeas The rules were suspended. Yeas transfer of ownership of a C1, C2 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read and D6 Liquor Permit to Jaymadi, third time in full. Passed. Yeas 16. third time in full. Adopted. Yeas Inc., DBA Minimart, 3778 West 117th Nays 0. 16. Nays 0. Street, Cleveland, Ohio 44111, Permit No. 4258670, be and the same is here- FIRST READING EMERGENCY Res. No. 750-2019. by withdrawn and Resolution No. RESOLUTIONS READ IN FULL By Council Member Zone. 1060-18, containing such objection, AND ADOPTED An emergency resolution with- be and the same is hereby repealed drawing objection to the transfer of and that this Council consents to the Res. No. 731-2019. ownership of a C1 and C2 Liquor immediate permit thereof. By Council Members Kelley, Grif- Permit at 1337 West 117th Street and Section 2. That this resolution is fin and J. Jones (by departmental repealing Resolution No. 644-2019 hereby declared to be an emergency request). objecting to said permit. measure and provided it receives the An emergency resolution strongly Whereas, this Council objected to affirmative vote of two-thirds of all urging the Ohio Governor and Mem- a transfer of ownership of a C1 and the members elected to Council, it bers of the Ohio General Assembly C2 Liquor Permit to West 117th Bev- shall take effect and be in force to restore the Local Government erage, LLC, 1337 West 117th Street, immediately upon its adoption and Fund to pre-recession levels. Cleveland, Ohio 44107, Permit No. approval by the Mayor; otherwise, it Whereas, the Local Government 9555774 by Resolution No. 644-2019 shall take effect and be in force Fund was reduced in 2011 by 50% adopted by the Council on May 13, from and after the earliest period during the Kasich Administration, 2019; and allowed by law. from 3.68% of General Revenue Whereas, this Council wishes to Motion to suspend rules, Charter, Funds to its current level of 1.66% withdraw its objection to the above and statutory provisions and place of General Revenue Funds; and permit and consents to said permit; on final adoption. Whereas, past Ohio General and The rules were suspended. Yeas Assemblies have repeatedly Whereas, this resolution consti- 16. Nays 0. Read second time. Read decreased funding and revenue shar- tutes an emergency measure provid- third time in full. Adopted. Yeas ing in recent years in addition to ing for the usual daily operation of 16. Nays 0. 941 36 The City Record June 5, 2019

Res. No. 752-2019. No. 883-18, containing such objection, Street, 1st floor and basement, By Council Member Zone. be and the same is hereby repealed Cleveland, Ohio 44127, Permit No. An emergency resolution with- and that this Council consents to the 4142630 by Resolution No. 1129-18 drawing objection to the transfer of immediate permit thereof. adopted by the Council on Septem- ownership of a C1, C2 and D6 Liquor Section 2. That this resolution is ber 10, 2019; and Permit at 7201 Lorain Avenue and hereby declared to be an emergency Whereas, this Council wishes to repealing Resolution No. 299-2019 measure and provided it receives the withdraw its objection to the above objecting to said permit. affirmative vote of two-thirds of all permit and consents to said permit; Whereas, this Council objected to the members elected to Council, it and a transfer of ownership of a C1, C2 shall take effect and be in force Whereas, this resolution consti- and D6 Liquor Permit to 7205 Lorain immediately upon its adoption and tutes an emergency measure provid- Avenue, Inc., 7201 Lorain Avenue, approval by the Mayor; otherwise, it ing for the usual daily operation of Cleveland, Ohio 44102, Permit No. shall take effect and be in force a municipal department; now, there- 8003708 by Resolution No. 299-2019 from and after the earliest period fore, adopted by the Council on March 4, allowed by law. Be it resolved by the Council of 2019; and Motion to suspend rules, Charter, the City of Cleveland: Whereas, this Council wishes to and statutory provisions and place Section 1. That objection to the withdraw its objection to the above on final adoption. transfer of ownership of a C1 permit and consents to said permit; The rules were suspended. Yeas Liquor Permit to Tamka Ingram, and 16. Nays 0. Read second time. Read DBA 65 Beverage, 3137 East 65th Whereas, this resolution consti- third time in full. Adopted. Yeas Street, 1st floor and basement, tutes an emergency measure provid- 16. Nays 0. Cleveland, Ohio 44127, Permit No. ing for the usual daily operation of 4142630, be and the same is hereby a municipal department; now, there- Res. No. 754-2019. withdrawn and Resolution No. 1129- fore, By Council Member J. Jones. 18, containing such objection, be Be it resolved by the Council of An emergency resolution with- and the same is hereby repealed the City of Cleveland: drawing objection to the Liquor and that this Council consents to Section 1. That objection to the Agency Contract located at 4071 Lee the immediate permit thereof. transfer of ownership of a C1, C2 Road, Unit 290, 1st floor and repeal- Section 2. That this resolution is and D6 Liquor Permit to 7205 Lorain ing Resolution No. 333-2019. hereby declared to be an emergency Avenue, Inc., 7201 Lorain Avenue, Whereas, this Council objected to measure and provided it receives the Cleveland, Ohio 44102, Permit No. the Liquor Agency Contract at RPM affirmative vote of two-thirds of all 8003708, be and the same is hereby Spirits, Inc., DBA One Stop Liquor, the members elected to Council, it withdrawn and Resolution No. 299- 4071 Lee Road, Unit 290, 1st floor, shall take effect and be in force 2019, containing such objection, be Cleveland, Ohio, 44128, Permit Num- immediately upon its adoption and and the same is hereby repealed and ber 7569455 by Resolution No. 333- approval by the Mayor; otherwise, it that this Council consents to the 2019 adopted by the Council on shall take effect and be in force immediate permit thereof. March 18, 2019; and from and after the earliest period Section 2. That this resolution is Whereas, this Council wishes to allowed by law. hereby declared to be an emergency withdraw its objection to the above Motion to suspend rules, Charter, measure and provided it receives the permit and consents to said permit; and statutory provisions and place affirmative vote of two-thirds of all and on final adoption. the members elected to Council, it Whereas, this resolution consti- The rules were suspended. Yeas shall take effect and be in force tutes an emergency measure provid- 16. Nays 0. Read second time. Read immediately upon its adoption and ing for the usual daily operation of third time in full. Adopted. Yeas approval by the Mayor; otherwise, it a municipal department; now, there- 16. Nays 0. shall take effect and be in force fore, from and after the earliest period Be it resolved by the Council of SECOND READING EMERGENCY allowed by law. the City of Cleveland: ORDINANCES PASSED Motion to suspend rules, Charter, Section 1. That objection to the and statutory provisions and place Liquor Agency Contract at RPM Ord. No. 257-2019. on final adoption. Spirits, Inc., DBA One Stop Liquor, By Council Member McCormack. The rules were suspended. Yeas 4071 Lee Road, Unit 290, 1st floor, An emergency ordinance to amend 16. Nays 0. Read second time. Read Cleveland, Ohio, 44128, Permit Num- Section 551.22 of the Codified Ordi- third time in full. Adopted. Yeas ber 7569455, be and the same is here- nances of Cleveland, Ohio, 1976, as 16. Nays 0. by withdrawn and Resolution No. enacted by Ordinance No. 773-A-80, 333-2019, containing such objection, passed December 14, 1981, relating Res. No. 753-2019. be and the same is hereby repealed to the waste collection hours in and By Council Member Kazy. and that this Council consents to the near a residential district. An emergency resolution with- immediate permit thereof. Approved by Directors of Public drawing objection to the transfer of Section 2. That this resolution is Works, Finance, Law; Passage rec- ownership of a D5 and D6 Liquor hereby declared to be an emergency ommended by Committees on Munic- Permit at 12210 Lorain Avenue and measure and provided it receives the ipal Services and Properties, repealing Resolution No. 883-18 affirmative vote of two-thirds of all Finance, when amended, as follows: objecting to said permit. the members elected to Council, it 1. In Section 1, at amended Section Whereas, this Council objected to shall take effect and be in force 551.22, line 6, strike “4:00” and insert a transfer of ownership of a D5 and immediately upon its adoption and “6.00”; and in line 7, strike “Public D6 Liquor Permit to Tilt, LLC, DBA approval by the Mayor; otherwise, it Service” and insert “Public Works”. Tilt Bar & Patio, 12210 Lorain shall take effect and be in force Amendment agreed to. Avenue, Cleveland, Ohio 44111, Per- from and after the earliest period The rules were suspended. Yeas mit No. 8933851 by Resolution No. allowed by law. 16. Nays 0. Read second time. Read 883-18 adopted by the Council on Motion to suspend rules, Charter, third time in full. Passed. Yeas 16. July 18, 2018; and and statutory provisions and place Nays 0. Whereas, this Council wishes to on final adoption. In compliance with Section 33 of withdraw its objection to the above The rules were suspended. Yeas the Charter a copy of the legislation permit and consents to said permit; 16. Nays 0. Read second time. Read was furnished to each member of and third time in full. Adopted. Yeas Council before final passage. Whereas, this resolution consti- 16. Nays 0. tutes an emergency measure provid- Ord. No. 376-2019. ing for the usual daily operation of Res. No. 755-2019. By Council Members Griffin and a municipal department; now, there- By Council Member Cleveland. Kelley (by departmental request). fore, An emergency resolution with- An emergency ordinance to amend Be it resolved by the Council of drawing objection to the transfer of Section 241.05 of the Codified Ordi- the City of Cleveland: ownership of a C1 Liquor Permit at nances of Cleveland, Ohio, 1976, as Section 1. That objection to the 3137 East 65th Street, 1st floor and amended by Ordinance No. 1333-18, transfer of ownership of a D5 and basement and repealing Resolution passed November 26, 2018, relating D6 Liquor Permit to Tilt, LLC, DBA No. 1129-18 objecting to said permit. to food shop licenses and fees. Tilt Bar & Patio, 12210 Lorain Whereas, this Council objected to Approved by Directors of Public Avenue, Cleveland, Ohio 44111, Per- a transfer of ownership of a C1 Health, Finance, Law; Passage rec- mit No. 8933851, be and the same is Liquor Permit to Tamka Ingram, ommended by Committees on Health hereby withdrawn and Resolution DBA 65 Beverage, 3137 East 65th and Human Services, Finance. 942 June 5, 2019 The City Record 37

The rules were suspended. Yeas Approved by Directors of Capital Sections 517.01 through 517.05, and 16. Nays 0. Read second time. Read Projects, City Planning Commission, to amend Sections 473.01 through third time in full. Passed. Yeas 16. Finance, Law; Passage recommend- 473.03, 473.05, 473.07 through 473.09, Nays 0. ed by Committees on Municipal Ser- 405.09, 431.03, and 431.15, as amend- vices and Properties, Development ed by various ordinances, regulating Ord. No. 409-2019. Planning and Sustainability. the vendors and use of shared mobil- By Council Members Johnson and The rules were suspended. Yeas ity devices. Brancatelli (by departmental 16. Nays 0. Read second time. Read Approved by Directors of Capital request). third time in full. Passed. Yeas 16. Projects, Public Works, Public An emergency ordinance authoriz- Nays 0. Safety, City Planning Commission, ing the Director of Capital Projects Sustainability, Finance, Law; Pas- to issue one or more permits to MCl- Ord. No. 440-2019. sage recommended by Committees metro Access Transmission Services By Council Members B. Jones, on Municipal Services and Proper- Corp. d/b/a Verizon Access Trans- mission Services to encroach into Johnson and Brancatelli (by depart- ties, Safety, Development Planning the public right-of-way at various mental request). and Sustainability, Finance, when locations in the City of Cleveland by An emergency ordinance authoriz- amended, as follows: installing, using, and maintaining a ing the Director of Capital Projects 1. In the title, line 4, after wireline fiber optic communications to issue a permit to MidTown Cleve- “401.231,”, strike “401.532,”; and in network to include fiber optic cable, land, Inc. to encroach into the pub- line 5, after “Device” insert “and to be attached to utility poles (by lic rights-of-way within the Midtown Bicycle”; and in line 6, and in Sec- separate permission of pole owner), District by installing, using, and tion 1, line 3, strike “517.05” and duct banks and vaults. maintaining the Asiatown “pie slice” insert “517.08” in both places. Approved by Directors of Capital blade signage program. 2. In the third whereas clause, Projects, City Planning Commission, Approved by Directors of Capital line 1 after “devices” insert “and Finance, Law; Passage recommend- Projects, City Planning Commission, bicycles”. ed by Committees on Municipal Ser- Finance, Law; Passage recommend- 3. In Section 1 line 2, after vices and Properties, Development ed by Committees on Municipal Ser- “401.231,” strike “401.532”, and in Planning and Sustainability. vices and Properties, Development line 3, after “Mobility Device” The rules were suspended. Yeas 16. Nays 0. Read second time. Read Planning and Sustainability. insert “and Bicycle”. third time in full. Passed. Yeas 16. The rules were suspended. Yeas 4. In Section 1, at new Section Nays 0. 16. Nays 0. Read second time. Read 401.152, strike the text of new Sec- third time in full. Passed. Yeas 16. tion 401.152 and insert: Ord. No. 410-2019. Nays 0. “E-Bike or “electric bicycle” is a By Council Members McCormack, two-wheeled device that has han- Johnson and Brancatelli (by depart- Ord. No. 441-2019. dlebars, a seat, and pedals mental request). By Council Members B. Jones, designed to be operated similar to An emergency ordinance authoriz- Cleveland, Johnson and Brancatelli a bicycle, and is powered by elec- ing the Director of Capital Projects (by departmental request). tricity. E-Bike or “electric bicycle” to issue a permit to Flats Forward, An emergency ordinance authoriz- means a “class 1 electric bicycle”, Inc. to encroach into the public ing the Director of Capital Projects a “class 2 electric bicycle”, or a rights-of-way at four locations in the to issue a permit to MidTown Cleve- “class 3 electric bicycle” and is Flats by installing, using and main- land, Inc. to encroach into the pub- further defined as follows: taining four wayfinding signs. lic rights-of-way within the Midtown (a) “Class 1 electric bicycle” Approved by Directors of Capital District by installing, using, and means a bicycle that is equipped Projects, City Planning Commission, maintaining from 24 to 36 bike with fully operable pedals and an Finance, Law; Passage recommend- racks. ed by Committees on Municipal Ser- electric motor of less than seven vices and Properties, Development Approved by Directors of Capital hundred fifty watts that provides Planning and Sustainability. Projects, City Planning Commission, assistance only when the rider is The rules were suspended. Yeas Finance, Law; Passage recommend- pedaling and ceases to provide 16. Nays 0. Read second time. Read ed by Committees on Municipal Ser- assistance when the bicycle reach- third time in full. Passed. Yeas 16. vices and Properties, Development es the speed of twenty miles per Nays 0. Planning and Sustainability. hour. The rules were suspended. Yeas (b) “Class 2 electric bicycle” Ord. No. 438-2019. 16. Nays 0. Read second time. Read means a bicycle that is equipped By Council Members McCormack, third time in full. Passed. Yeas 16. with fully operable pedals and an Johnson and Brancatelli (by depart- Nays 0. electric motor of less than seven mental request). hundred fifty watts that may pro- An emergency ordinance authoriz- Ord. No. 444-2019. vide assistance regardless of ing the Director of Capital Projects By Council Members Keane, Cleve- whether the rider is pedaling and to issue a permit to The Convention land, Brancatelli and Kelley (by is not capable of providing assis- and Visitors Bureau of Greater departmental request). tance when the bicycle reaches the Cleveland, Inc. to encroach into the An emergency ordinance authoriz- speed of twenty miles per hour. public right-of-way within the ing the Commissioner of Purchases (c) “Class 3 electric bicycle” Tremont neighborhood with a Pedes- and Supplies to sell City-owned prop- means a bicycle that is equipped trian Wayfinding Sign Program by erty no longer needed for public use with fully operable pedals and an installing, using, and maintaining located adjacent to Old Grayton electric motor of less than seven eight wayfinding signs and associ- Road to Canal Road Partners, LLC, hundred fifty watts that provides ated electrical duct banks. for purposes of having clear title to assistance only when the rider is Approved by Directors of Capital all their structures and assets; and pedaling and ceases to provide Projects, City Planning Commission, to enter into a purchase and sale assistance when the bicycle reach- Finance, Law; Passage recommend- agreement. es the speed of twenty-eight miles ed by Committees on Municipal Ser- Approved by Directors of Port per hour.”. vices and Properties, Development Control, City Planning Commission, 5. In Section 1, at new Section Planning and Sustainability. Finance, Law; Passage recommend- 401.231, strike lines 2 and 3 in their The rules were suspended. Yeas ed by Committees on Transporta- entirety and insert: “Mobility 16. Nays 0. Read second time. Read tion, Development Planning and device” means small mobility third time in full. Passed. Yeas 16. Nays 0. Sustainability, Finance. devices, such as scooters, e-scoot- The rules were suspended. Yeas ers, e-bikes, or other similar Ord. No. 439-2019. 16. Nays 0. Read second time. Read devices. A mobility device does”. By Council Members B. Jones, third time in full. Passed. Yeas 16. 6. In Section 1, strike new Sec- Cleveland, Griffin, Johnson and Nays 0. tion 401.532 in its entirety. Brancatelli (by departmental 7. In Section 1, at new Section request). Ord. No. 464-2019. 473.10(c), line 2, strike “zones or” An emergency ordinance authoriz- By Council Members McCormack, and insert “zones so”. ing the Director of Capital Projects Zone, Brancatelli and J. Jones. 8. In Section 1, at new Chapter to issue a permit to MidTown Cleve- An emergency ordinance to sup- Name 517, strike “Shared Mobility land, Inc. to encroach into the pub- plement the Codified Ordinances of Device Vendors” and insert “Shared lic right-of-way of the Midtown Cleveland, Ohio, 1976 by enacting Mobility Device and Bicycle Ven- District by installing, using, and new Sections 401.152, 401.153, 401.231, dors”. maintaining the MidTown Wayfind- 401.532, 473.10 and new Chapter 517, 9. In Section 1, insert new Sec- ing Signage Program. Shared Mobility Device Vendors, tion 517.01 to read as follows: 943 38 The City Record June 5, 2019

“Section 517.01 Shared Mobility (d) All devices shall have GPS the Director’s rules and regula- Device and Bicycle Vendor equipment affixed to the device tions, at no cost to the City of “Shared mobility device and bicy- that is calibrated to ping a mini- Cleveland. cle vendor means an entity mum of every 90 seconds while in (g) If a permit is granted, the approved by the Director of Capi- use. permittee shall agree to indemnify tal Projects, or designee, to (e) Permittees must be able to the City of Cleveland against lia- use/occupy the public right-of-way remotely lock a device to prevent bility, loss, or damage. for offering shared mobility device use. (h) Any damage to City of such as a scooter, e-scooter, e-bike, (f) Every device shall be Cleveland property from shared or any other mobility device as equipped with an adequate brake mobility devices shall be paid by determined by the Director of Cap- when used on a street or highway. the permittee. ital Projects, and bicycles that do (g) On the approval of an appli- (i) No permit shall be transfer- not require a fixed docking appa- cation by the Director, the Com- able in any manner. ratus to return (“devices”), to sub- missioner of Traffic Engineering, (j) No permittee has the exclu- scribers on a fee basis subscription the Director of City Planning and sive right to operate within the for short-term rental in point-to- the Director of Public Safety, the City of Cleveland. point trips.” Director shall issue a permit in (k) When any device or other 10. In Section 1, at new Section accordance with this Chapter.”. associated equipment placed on a 517.01, renumber existing Section 12. In Section 1, at new Section public sidewalk, court, alley, street 517.01 to “517.02”; in the section 517.03, renumber existing Section or other public right-of-way poses title, after “Device” insert “and 517.03 to “Section 517.04”; in line 3, a risk or inhibits access to the Bicycle”; and strike lines 2, 3 and after “device” insert “and bicycle”; right of way by other users, the 4 in their entirety; in line 5, before in line 5, strike “vendor agree- permittee shall be notified and “An application” insert “(a)” and ment,” in line 6, after “permits, asked to immediately begin to after “device” insert “and bicycle”; maximum number of” strike remove the devices and associated reletter existing divisions (a), (b), “shared mobility”; in line 7, strike equipment, and to complete the (c), (d), (e), (f), (g), and (h), to “social media platform” and insert removal within a reasonable “(1)”, “(2)”, “(3)”, “(4)”, “(5)”, “(6)”, “communications plan”; and in line amount of time. If the permittee “(7)”, and “(8)”; in existing division 8, strike “permitted vendors” and fails to remedy the violation, the (a), line 2, strike “operating the insert “permittees”. City may seize and remove the shared mobility devices” and insert 13. In Section 1, strike new Sec- equipment. “the vendor’s shared mobility tions 517.04 and 517.05, and insert (l) Any device that is parked in device and bicycle operations;”; in new “Section 517.05”, “Section 517.06”, one location for more than seven existing division (b), strike “Section 517.07”, and “Section 517.08” (7) consecutive days without mov- “shared mobility”; in existing divi- to read as follows: ing may be seized and removed by sion (d), line 1, strike “Service” “Section 517.05 Permit Condi- the City. and insert “Preferred service”; in tions (m) Notwithstanding any other existing division (f), after “device” (a) Permittees and their agents insert “and bicycle”; and insert shall comply with all of the provisions of this chapter, the City new divisions (b) and (c) to read requirements of this chapter and may seize any device and other as follows: any applicable state law, and shall associated equipment, whether “(b) Upon initial application, a conduct business in compliance placed with or without a permit, permit shall be valid for not more with all applicable provisions of without prior notice if the equip- than a 6-month demonstration peri- the Codified Ordinances. ment is placed in such a place or od. Following successful comple- (b) Permittees and their agents manner as to pose an immediate tion of the demonstration period, shall be responsible for maintain- and serious danger to persons or as determined by performance cri- ing all devices and associated property, or if the condition of the teria established by the Director of equipment in good repair, and in a equipment renders it unsafe, Capital Projects in the Rules and safe, sound, and non-hazardous unsound, or hazardous so as to Regulations, the permittee may condition. pose an immediate and serious apply for a 6-month permit renew- (c) Permittees and their agents danger to persons or property. al followed by annual permits shall obey any lawful order of a After seizure, the City shall thereafter. Permits may be police officer to remove their promptly notify the permittee, and renewed, on a form provided by the devices from the public right-of- such individual shall have the Director, provided all the require- way if necessary to avoid conges- right to request an informal hear- ments of this chapter are met, and tion or obstruction in an ing before the Director within ten no changes have been made from emergency. (10) days after such notification to the previous approved application. (d) Permits shall be maintained determine whether the seizure was The permit renewal fee shall be by the permittee in such a manner proper. waived for the 6-month permit fol- that they are readily accessible on (n) Notwithstanding any codi- lowing the demonstration period. request from a City official. Each fied ordinance to the contrary, If there are changes to the appli- permit shall contain the following police officers are authorized to cation, a new application must be information: provide for the removal of a mobil- made and the appropriate permit (1) The name and address of the ity device located in the public fee shall accompany the applica- Permittee; right-of-way in violation of the pro- tion. (2) A description of the permit- visions of this Chapter. (c) Permittees must remove all ted mobility device type and mini- (o) As a condition of recovering devices and associated equipment mum and maximum permitted fleet any equipment seized pursuant to within thirty (30) days after the size; this section, the permittee shall expiration of the term.”. (3) The expiration date of the pay an impound fee covering the 11. In Section 1, at new Section permit; and actual cost to the City of trans- 517.02, renumber existing Section (4) Any other information the porting and storing such device 517.02 to “517.03” and strike divi- Director deems appropriate.”. and other associated equipment. sions (a) and (b) in their entirety (e) Any device and other asso- and insert: ciated equipment placed in a pub- Section 517.06 Permit Suspension “(a) The Director is authorized lic sidewalk, court, alley, street or Revocation; Appeal to charge and collect an applica- other public right-of-way without a (a) A permit granted under this tion fee and a per trip fee from the permit issued under this section Chapter may be suspended or permittee in an amount established may be seized and removed. Prior revoked by the Director at any by the Board of Control. to such seizure and removal, the time if the permittee violates the (b) All devices must comply permittee shall be notified and conditions or rules and regulations with local and state safety stan- asked to immediately begin to of the permit. Additionally, if the dards, as well as those established remove the devices and associated operation of shared mobility device by the Consumer Product Safety equipment, and to complete the and bicycle rentals on City streets Commission. removal within a reasonable and rights-of-way become a hazard (c) Each device must have a amount of time. If the permittee or risk to the health, safety and unique permanent identification fails to remedy the violation, the welfare of the public, the Director number that is provided to the City city may seize and remove the may revoke existing permits and and aligns with data reporting, as equipment. discontinue the issuance of permits well as be labeled clearly with the (f) The permittee shall main- under this Chapter. Upon suspen- permittee’s logo and 24-hour cus- tain insurance and limits of liabil- sion or revocation of a permit, the tomer service phone number. ity, the amounts to be specified in permittee shall, at no cost to the 944 June 5, 2019 The City Record 39

City, remove all devices from the greater than twelve (12)”; strike with The Center on Urban Poverty right-of-way. 473.02(b)(7) in its entirety and and Community Development at (b) The Director shall give writ- reletter division 473.02(b)(8) to Case Western Reserve University to ten notice of suspension or revo- “473.02(b)(7)”. provide evaluation services for the cation of the permit to the 17. In Section 2, at amended Sec- MomsFirst Program, for a period of permittee or his or her agent stat- tion 473.07(a), in lines 1 and 2 one year. ing the reasons therefor. The strike “in any bike lane or traffic Approved by Directors of Public action shall be effective upon giv- lane as near to the right side of Health Finance, Law; Passage rec- ing such notice to the permittee or the roadway as” and insert “as ommended by Committees on Health to his or her agent, and the per- near to the right side of the road- and Human Services, Finance. mittee shall have five (5) business way”; and in 473.07(c), remove the The rules were suspended. Yeas days to remove all devices from strikethrough lines. 16. Nays 0. Read second time. Read the public right-of-way. If the 18. In Section 2, at amended Sec- third time in full. Passed. Yeas 16. business owner or operator of the tion 473.09, division (a), line 1, Nays 0. equipment fails to comply, the City strike “bicycle” and insert “bicycle, may seize and remove the devices. mobility device,”; delete division Ord. No. 536-2019. (c) Within five (5) days of (b) in its entirety and reletter By Council Members Keane and receipt of the notice, the permittee existing divisions (c), (d), (e), and Kelley (by departmental request). may request a hearing before the (f), as new divisions “(b)”, “(c)”, An emergency ordinance authoriz- Director. The Director shall forth- “(d)”, and “(e)”; and in existing divi- ing the purchase by one or more with hold the requested hearing, at sion (f), lines 1 and 2, strike “Cleve- requirement contracts of disposal of which time the permittee shall be land Police Department, Cleveland debris at landfills, for the Divisions afforded the opportunity to give Emergency Medical Services, and of Water, Cleveland Public Power, his or her version of the facts Cleveland Fire Department” and and Water Pollution Control, Depart- which gave rise to the Director’s insert “the Cleveland Divisions of ment of Public Utilities, for a peri- action. After the hearing the Police, Emergency Medical Ser- od of two years. Director shall determine whether vices, and Fire”. Approved by Directors of Public to reinstate the permit or to per- Amendments agreed to. Utilities, Finance, Law; Passage rec- manently rescind it. The action of The rules were suspended. Yeas ommended by Committees on Utili- the Director may be appealed in 16. Nays 0. Read second time. Read ties, Finance. accordance with the provisions of third time in full. Passed. Yeas 16. The rules were suspended. Yeas the Charter. Nays 0. 16. Nays 0. Read second time. Read In compliance with Section 33 of third time in full. Passed. Yeas 16. Section 517.07 Shared Mobility the Charter a copy of the legislation Nays 0. Fund was furnished to each member of The Director of Finance shall Council before final passage. Ord. No. 540-2019. establish a Shared Mobility Fund By Council Members Cleveland for the purpose of supporting the Ord. No. 511-2019. and Kelley (by departmental expansion of multi-modal infra- By Council Members Zone and request). structure and programming. All Kelley (by departmental request). An emergency ordinance authoriz- permit and per-trip fees collected An emergency ordinance authoriz- ing the Director of Port Control to or received under this chapter ing the Director of Public Safety to enter into a Lease Agreement with shall be earmarked to the Shared enter into one or more mutual aid Swissport USA, Inc. for the lease of Mobility Fund to support multi- agreements with other political sub- space located in the passenger ter- modal infrastructure and program- divisions in the State of Ohio for minal building at Cleveland Hop- ming, including bicycle and additional police protection, fire, kins International Airport to mobility device racks and shared and emergency medical services for support its ground handling and bicycle and mobility device infra- aid and assistance in connection other airline support service opera- structure. The Director of Capital with the Major League Baseball tions for multiple airlines, for a peri- Projects shall provide an annual Association 2019 All-Star Game od of two years, with three one-year report to the members of Council being held in Cleveland on July 9, options to renew, the first of which concerning the amount of revenue 2019, along with associated events requires additional legislative collected and deposited into the and activities on days before and authority. Shared Mobility Fund and how the after the day of the Game. Approved by Directors of Port funds were spent during that Approved by Directors of Public Control, Finance, Law; Passage rec- reporting year. Safety, Finance, Law; Passage rec- ommended by Committees on Trans- ommended by Committees on Safety, portation, Finance. Section 517.08 Contracts Finance. The rules were suspended. Yeas The Director is authorized to The rules were suspended. Yeas 16. Nays 0. Read second time. Read enter into a cooperative agreement 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. with Cuyahoga County (“County”) third time in full. Passed. Yeas 16. Nays 0. related to the operation of devices Nays 0. and, if necessary, to receive pay- Ord. No. 541-2019. ment of the City’s share of the per- Ord. No. 516-2019. By Council Members Cleveland trip fees charged or collected by By Council Members Griffin, John- and Kelley (by departmental the County under its Bicycle and son and Brancatelli (by departmen- request). Scooter Share Licensing authori- tal request). An emergency ordinance authoriz- ty.”. An emergency ordinance authoriz- ing the Director of Port Control to 14. In the title, line 8, strike ing the acquisition and recording of enter into a Lease Agreement with “405.09,”; in Section 2, line 3, strike certain easement interests from United Airlines Inc. for the lease of “Sections 473.08 and 405.09” and Uptown Three L.P. for use of a pub- certain office and warehouse space insert “Section 473.08”; in Section 2, lic sidewalk to be used as a drop- located in the South Cargo Facility at amended Section 405.09, strike off area for students and residents, Building at Cleveland Hopkins Section 405.09 in its entirety; and for the Office of Capital Projects. International Airport, Department of in Section 3, line 3, strike “Sections Approved by Directors of Capital Port Control, for a period of two 473.08 and 405.09” and insert “Sec- Projects, City Planning Commission, years, with three one-year options to tion 473.08”. Finance, Law; Passage recommend- renew, the first of which requires 15. In Section 2, at amended Sec- ed by Committees on Municipal Ser- additional legislative authority. tion 473.01(b), line 2, strike the vices and Properties, Development Approved by Directors of Port comma after “Traffic Code”; and at Planning and Sustainability. Control, Finance, Law; Passage rec- Section 473.01(d), line 7, after The rules were suspended. Yeas ommended by Committees on Trans- “complete a bicycling” insert “or 16. Nays 0. Read second time. Read portation, Finance. mobility device”. third time in full. Passed. Yeas 16. The rules were suspended. Yeas 16. In Section 2, at amended Sec- Nays 0. 16. Nays 0. Read second time. Read tion 473.02(b)(5), line 1, strike “a third time in full. Passed. Yeas 16. mobility device” and insert “an e- Ord. No. 535-2019. Nays 0. scooter”; in Section 473.02(b)(6), By Council Members Griffin and line 1, strike “a mobility device Kelley (by departmental request). Ord. No. 542-2019. shall exceed a speed at greater An emergency ordinance authoriz- By Council Members Cleveland than fifteen (15)” and insert “an e- ing the Director of Public Health to and Kelley (by departmental scooter shall exceed a speed at enter into one or more contracts request). 945 40 The City Record June 5, 2019

An emergency ordinance authoriz- successors and assigns, certain ease- Ord. No. 552-2019. ing the Director of Port Control to ment rights located above a city- By Council Members Johnson, enter into a Lease with KeyCorp owned portion of 5300 Whiskey Brancatelli and Kelley (by depart- National Association to maintain Island Drive, and declaring that the mental request). and operate an aviation hangar easement rights granted are not An emergency ordinance giving facility for the storage and mainte- needed for the City’s public use. consent of the City of Cleveland to nance for aircraft owned by Key- Approved by Directors of Port the County of Cuyahoga for the Corp at Cleveland Hopkins Control, City Planning Committee, resurfacing of Ridge Road from International Airport, for a period of Finance, Law; Passage recommend- Memphis Avenue to Denison ten years, with two five-year options ed by Committees on Transporta- Avenue; authorizing the Director of to renew, the first of which requires tion, Development Planning and Capital Projects to enter into agree- additional legislative authority. Sustainability, Finance. ments; to apply for and accept an Approved by Directors of Port The rules were suspended. Yeas allocation of County Motor Vehicle Control, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read License Tax Funds; and to cause ommended by Committees on Trans- third time in full. Passed. Yeas 16. payment to the County for the City’s portation, Finance, when amended, Nays 0. share of the improvement. as follows: Approved by Directors of Capital Projects, City Planning Commission, 1. In the title, line 3 and in line Ord. No. 546-2019. 6, and in Section 1, line 2, strike Finance, Law; Passage recommend- By Council Members Griffin, John- ed by Committees on Municipal Ser- “KeyCorp” and insert “KeyBank” in son, Brancatelli and Kelley (by all three places. vices and Properties, Development departmental request). Planning and Sustainability, Amendment agreed to. An emergency ordinance authoriz- The rules were suspended. Yeas Finance, when amended, as follows: ing the Director of Public Works to 16. Nays 0. Read second time. Read 1. Insert new Section 1a to read as execute a deed of easement granti- third time in full. Passed. Yeas 16. follows: ng to The East Ohio Gas Company Nays 0. “Section 1a. That the Municipali- dba Dominion Energy Ohio certain In compliance with Section 33 of ty’s rights and responsibilities under the Charter a copy of the legislation easement rights in property located this Agreement shall be limited to was furnished to each member of along Woodhill Road at the Ozell A. the portion of Ridge Road from Council before final passage. Dobbins, Sr. Maintenance Center, Memphis Avenue to Denison Avenue and declaring that the easement that is located within its City lim- its.” Ord. No. 543-2019. rights granted are not needed for Amendment agreed to. By Council Members Cleveland the City’s public use. The rules were suspended. Yeas and Kelley (by departmental Approved by Directors of Public 16. Nays 0. Read second time. Read request). Works, City Planning Commission, third time in full. Passed. Yeas 16. An emergency ordinance authoriz- Finance, Law; Passage recommend- Nays 0. ing the Director of Port Control to ed by Committees on Municipal Ser- In compliance with Section 33 of vices and Properties, Development enter into a Lease with the United the Charter a copy of the legislation Planning and Sustainability, States Postal Service to maintain was furnished to each member of and operate a warehouse, sorting Finance. Council before final passage. facility, and post office retail store The rules were suspended. Yeas at Cleveland Hopkins International 16. Nays 0. Read second time. Read Ord. No. 592-2019. Airport, for a period of five years, third time in full. Passed. Yeas 16. By Council Members Keane and with one five-year option to renew, Nays 0. Kelley (by departmental request). which requires additional legislative An emergency ordinance authoriz- authority. Ord. No. 547-2019. ing the Director of Public Utilities Approved by Directors of Port By Council Members B. Jones, to exercise the first option to renew Control, Finance, Law; Passage rec- Zone, Brancatelli and Kelley (by Contract No. PIRC 2018-3 with Ter- ommended by Committees on Trans- departmental request). race Construction Company, Inc. for portation, Finance. An emergency ordinance authoriz- the public improvement of installing The rules were suspended. Yeas ing the Commissioner of Purchases automated meter reading units on 16. Nays 0. Read second time. Read and Supplies to sell a portion of remaining residential and commer- third time in full. Passed. Yeas 16. City-owned property no longer need- cial accounts, including Cleveland Nays 0. ed for public use located at 4601 Heights accounts and master meter Chester Avenue to Richard and vaults not yet converted. Ord. No. 544-2019. Kathy Lehmann, for the purpose of Approved by Directors of Public By Council Members Cleveland access to their business. Utilities, Finance, Law; Passage rec- and Kelley (by departmental Approved by Directors of Public ommended by Committees on Utili- request). Safety, City Planning Commission, ties, Finance. An emergency ordinance authoriz- Finance, Law; Passage recommend- The rules were suspended. Yeas ing the Director of Port Control to ed by Committees on Safety, Devel- 16. Nays 0. Read second time. Read enter into a Lease Agreement with opment Planning and Sustainability, third time in full. Passed. Yeas 16. PrimeFlight Aviation Services, Inc. Finance. Nays 0. for the lease of space located in the The rules were suspended. Yeas passenger terminal building at 16. Nays 0. Read second time. Read Ord. No. 593-2019. Cleveland Hopkins International By Council Members Keane and third time in full. Passed. Yeas 16. Airport to support its ground han- Kelley (by departmental request). Nays 0. dling, skycap, and other airline sup- An emergency ordinance authoriz- port service operations for JetBlue ing the Director of Public Utilities Ord. No. 551-2019. Airways and other airlines, for a to exercise the option to renew Con- By Council Members B. Jones, period of two years, with three one- tract No. RCD 2017-6 with Hach Co. year options to renew, the first of Johnson and Brancatelli (by depart- to maintain, service, calibrate, refur- which requires additional legislative mental request). bish, and test various scientific and authority. An emergency ordinance authoriz- in-line process analytical instru- Approved by Directors of Port ing the Director of Capital Projects ments manufactured by Hach Co. Control, Finance, Law; Passage rec- to issue a permit to The Centers for used to monitor the drinking water ommended by Committees on Trans- Families and Children to encroach purification process. portation, Finance. into the public right-of-way of Approved by Directors of Public The rules were suspended. Yeas Euclid Avenue by installing, using, Utilities, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read and maintaining an ADA-compliant ommended by Committees on Utili- third time in full. Passed. Yeas 16. entrance ramp and railing. ties, Finance. Nays 0. Approved by Directors of Capital The rules were suspended. Yeas Projects, City Planning Commission, 16. Nays 0. Read second time. Read Ord. No. 545-2019. Finance, Law; Passage recommend- third time in full. Passed. Yeas 16. By Council Members Zone, Cleve- ed by Committees on Municipal Ser- Nays 0. land, Brancatelli and Kelley (by vices and Properties, Development departmental request). Planning and Sustainability. Ord. No. 594-2019. An emergency ordinance authoriz- The rules were suspended. Yeas By Council Members Keane and ing the Director of Port Control to 16. Nays 0. Read second time. Read Kelley (by departmental request). execute a deed of easement granti- third time in full. Passed. Yeas 16. An emergency ordinance authoriz- ng to Cargill, Incorporated and its Nays 0. ing the Director of Public Utilities 946 June 5, 2019 The City Record 41 to exercise the options to renew var- Approved by Directors of Public The rules were suspended. Yeas ious contracts for the requirements Utilities, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read of various types of machines and ommended by Committees on Utili- third time in full. Passed. Yeas 16. equipment, and labor and materials ties, Finance. Nays 0. to repair and/or replace parts or The rules were suspended. Yeas equipment to maintain various types 16. Nays 0. Read second time. Read Ord. No. 625-2019. of machines and equipment, for the third time in full. Passed. Yeas 16. By Council Members Griffin and Department of Public Utilities. Nays 0. Kelley (by departmental request). Approved by Directors of Public An emergency ordinance authoriz- Utilities, Finance, Law; Passage rec- Ord. No. 621-2019. ing the Director of Public Health to ommended by Committees on Utili- By Council Members Conwell, apply for and accept a grant from ties, Finance. Brancatelli and Kelley (by depart- the United States Department of The rules were suspended. Yeas mental request). Homeland Security for 2019-20 16. Nays 0. Read second time. Read An emergency ordinance approv- Biowatch Program. third time in full. Passed. Yeas 16. ing that the Cleveland Citywide Approved by Directors of Public Nays 0. Development Corporation, or its Health, Finance, Law; Passage rec- designee, may enter into up to ommended by Committees on Health Ord. No. 595-2019. eleven partially forgivable separate and Human Services, Finance. By Council Members Keane and loan contracts with Famicos Foun- The rules were suspended. Yeas Kelley (by departmental request). dation, Inc., or its designee, to reha- 16. Nays 0. Read second time. Read An emergency ordinance authoriz- bilitate up to eleven vacant single third time in full. Passed. Yeas 16. ing the Director of Public Utilities family homes on scattered sites Nays 0. to employ one or more computer within the Circle North area of the software vendors to acquire or Glenville neighborhood, and other Ord. No. 626-2019. renew Cisco maintenance and sup- associated costs necessary to rede- By Council Members Griffin and port, including Cisco Smartnet, for velop the property, under the author- Kelley (by departmental request). ity of Ordinance No. 563-17, passed networking and telecommunication An emergency ordinance authoriz- August 16, 2017. software and equipment; and autho- ing the Director of Public Health to Approved by Directors of Eco- rizing the purchase by one or more apply for and accept a grant from nomic Development, Finance, Law; the Alcohol, Drug Addiction and requirement contracts of Cisco hard- Passage recommended by Commit- ware and software products, includ- Mental Health Services Board of tees on Development Planning and Cuyahoga County for the “This is ing those used for networking and Sustainability, Finance, when telecommunication and for the (Not) About Drugs” Program; and amended, as follows: authorizing the Director to enter phone system, and maintenance and 1. In Section 2, line 1, strike “File technical support, for the various into one or more contracts with No. 621-2019-A” and insert “File No. Overdose Lifeline, Inc. and Preven- divisions of the Department of Pub- 621-2019-B”. lic Utilities, for a period of one year, ture to implement the grant. 2. In Section 3, line 2, after “shall Approved by Directors of Public with a one-year option to renew, be paid from” insert “ the funds cer- Health, Finance, Law; Passage rec- exercisable by the Director of Pub- tified on Contract No. CT 9501 ST ommended by Committees on Health lic Utilities. 2018*13 and from”. and Human Services, Finance. Approved by Directors of Public Amendments agreed to. The rules were suspended. Yeas Utilities, Finance, Law; Passage rec- The rules were suspended. Yeas 16. Nays 0. Read second time. Read ommended by Committees on Utili- 16. Nays 0. Read second time. Read third time in full. Passed. Yeas 16. ties, Finance. third time in full. Passed. Yeas 16. Nays 0. The rules were suspended. Yeas Nays 0. 16. Nays 0. Read second time. Read In compliance with Section 33 of the Charter a copy of the legislation Ord. No. 627-2019. third time in full. Passed. Yeas 16. By Council Members Griffin and Nays 0. was furnished to each member of Council before final passage. Kelley (by departmental request). An emergency ordinance authoriz- Ord. No. 596-2019. Ord. No. 622-2019. ing the Director of Public Health to By Council Members Keane and enter into one or more agreements Kelley (by departmental request). By Council Members Cleveland and Kelley (by departmental with the Ohio Department of Health An emergency ordinance authoriz- to reimburse the City of Cleveland ing the Director of Public Utilities request). An emergency ordinance authoriz- for monitoring, collecting, and ana- to employ one or more professional ing the Director of Port Control to lyzing radiation levels in the vicin- consultants or vendors to acquire enter into a lease agreement with ity of the Burke Lakefront Airport, licenses for data storage expansion the United Service Organization, Inc. for a period of two years. or to develop data storage expan- for the use of a lounge and office Approved by Directors of Public sion solutions, and other related ser- space located in the Main Terminal Health, Finance, Law; Passage rec- vices and equipment, including but Building at Cleveland Hopkins ommended by Committees on Health not limited to, hardware, servers, International Airport, for a period of and Human Services, Finance. chassis, ancillary components, and two years, with three one-year The rules were suspended. Yeas maintenance, for the Division of options to renew, the first of which 16. Nays 0. Read second time. Read Water, Department of Public Utili- requires additional legislative third time in full. Passed. Yeas 16. ties; for a period of one year, with authority. Nays 0. two one-year options to renew, the Approved by Directors of Port second of which requires additional Control, Finance, Law; Passage rec- Ord. No. 628-2019. legislative authority. ommended by Committees on Trans- By Council Members Griffin and Approved by Directors of Public portation, Finance. Kelley (by departmental request). Utilities, Finance, Law; Passage rec- The rules were suspended. Yeas An emergency ordinance authoriz- ommended by Committees on Utili- 16. Nays 0. Read second time. Read ing the Director of Public Health to ties, Finance. third time in full. Passed. Yeas 16. apply for and accept a grant from The rules were suspended. Yeas Nays 0. the Ohio Commission on Minority 16. Nays 0. Read second time. Read Health for the continuation of the third time in full. Passed. Yeas 16. Ord. No. 623-2019. Cleveland Office on Minority Health. Nays 0. By Council Members Zone and Approved by Directors of Public Kelley (by departmental request). Health, Finance, Law; Passage rec- Ord. No. 597-2019. An emergency ordinance authoriz- ommended by Committees on Health By Council Members Keane and ing the Director of Public Safety to and Human Services, Finance. Kelley (by departmental request). donate grow lights, ballasts, and The rules were suspended. Yeas An emergency ordinance authoriz- two Werner-brand ladders seized as 16. Nays 0. Read second time. Read ing the procurement by one or more the result of a criminal conviction third time in full. Passed. Yeas 16. requirement contracts for the rental to the Cleveland Metropolitan School Nays 0. of various types of heavy duty District and to Benedictine High equipment, on an as-needed basis, School; and to enter into an agree- Ord. No. 629-2019. for the Office of Radio Communica- ment to make the donation. By Council Members Johnson and tions, Divisions of Water, Cleveland Approved by Directors of Public Kelley (by departmental request). Public Power, and Water Pollution Safety, Finance, Law; Passage rec- An emergency ordinance authoriz- Control, Department of Public Utili- ommended by Committees on Safety, ing the Director of Capital Projects ties, for a period of two years. Finance. to employ one or more professional 947 42 The City Record June 5, 2019 consultants to provide various engi- Approved by Directors of Capital gifts and grants from various enti- neering, testing, and related ser- Projects, City Planning Commission, ties for the improvement; authoriz- vices needed for various capital Finance, Law; Passage recommend- ing the Director of Capital Projects improvement projects, for the Divi- ed by Committees on Municipal Ser- to enter into contracts and agree- sion of Engineering and Construc- vices and Properties, Finance. ments to design and construct the tion, Office of Capital Projects, on The rules were suspended. Yeas improvement and other agreements an as-needed basis, for a period up 16. Nays 0. Read second time. Read needed to implement the improve- to two years. third time in full. Passed. Yeas 16. ment; and authorizing the Commis- Approved by Directors of Capital Nays 0. sioner of Purchases and Supplies to Projects, Finance, Law; Passage rec- acquire, accept, and record for right- ommended by Committees on Munic- Ord. No. 633-2019. of-way purposes real property and ipal Services and Properties, By Council Members McCormack, easements necessary to make the Finance. Johnson and Kelley (by departmen- improvement. The rules were suspended. Yeas tal request). Approved by Directors of Capital 16. Nays 0. Read second time. Read An emergency ordinance giving Projects, City Planning Commission, third time in full. Passed. Yeas 16. consent of the City of Cleveland to Finance, Law; Passage recommend- Nays 0. the County of Cuyahoga for the ed by Committees on Municipal Ser- resurfacing Rockefeller Avenue vices and Properties, Development Ord. No. 630-2019. from Broadway Avenue to Central Planning and Sustainability, By Council Members Bishop, John- Furnace Drive; to apply for and Finance. son and Kelley (by departmental accept an allocation of County Motor The rules were suspended. Yeas request). Vehicle License Tax Funds for the 16. Nays 0. Read second time. Read An emergency ordinance giving improvement; authorizing the Direc- third time in full. Passed. Yeas 16. consent of the City of Cleveland to tor of Capital Projects to enter into Nays 0. the Ohio Department of Transporta- one or more contracts for the con- tion to upgrade and interconnect a struction, design, and any relative Ord. No. 636-2019. traffic signal located at the inter- agreements in making the improve- By Council Members McCormack, section of East 116th Street and Har- ment. Johnson and Kelley (by departmen- vard Avenue in the City of Approved by Directors of Capital tal request). Cleveland. Projects, City Planning Commission, An emergency ordinance deter- mining the method of making the Approved by Directors of Capital Finance, Law; Passage recommend- public improvement of constructing Projects, City Planning Commission, ed by Committees on Municipal Ser- material capital repairs and capital Finance, Law; Passage recommend- vices and Properties, Finance, when improvements to First Energy Sta- ed by Committees on Municipal Ser- amended, as follows: dium; authorizing one or more pub- vices and Properties, Finance. 1. In Section 16, line 5, strike “RL lic improvement contracts for the The rules were suspended. Yeas 2019-32” and insert “RLA 2019-32”. making of the improvement; and 16. Nays 0. Read second time. Read Amendment agreed to. professional services to design, or in third time in full. Passed. Yeas 16. The rules were suspended. Yeas the alternative, to reimburse or Nays 0. 16. Nays 0. Read second time. Read accept the gift of design and other third time in full. Passed. Yeas 16. services from the . Ord. No. 631-2019. Nays 0. Approved by Directors of Capital By Council Members McCormack, In compliance with Section 33 of Projects, Public Works, Finance, Johnson and Kelley (by departmen- the Charter a copy of the legislation Law; Passage recommended by Com- tal request). was furnished to each member of mittees on Municipal Services and An emergency ordinance giving Council before final passage. Properties, Finance. consent of the City of Cleveland to The rules were suspended. Yeas the Director of Transportation of the Ord. No. 634-2019. 16. Nays 0. Read second time. Read State of Ohio to rehabilitate the Cen- By Council Members McCormack, third time in full. Passed. Yeas 16. ter Swing Bridge over the Cuyahoga Santana, Zone, Johnson, Brancatelli Nays 0. River; to cause payment to ODOT and Kelley (by departmental for the City’s share; to authorize the request). Ord. No. 647-2019. Mayor to apply to the District One An emergency ordinance authoriz- By Council Member Zone. Public Works Integrating Commit- ing the Mayor to apply to the Dis- An emergency ordinance changing tee for state funding; authorizing trict One Public Works Integrating the name of “Lawn-Madison Park” one or more contracts for the design Committee for state funding for the located at West 75th Street and and other relative agreements; rehabilitation of portions of West Madison Avenue to “Miriam Ortiz- accepting gifts and grants from any 65th Street; to apply for and accept Rush Park.” public or private entity; to apply gifts and grants from various enti- Approved by Directors of Public and accept funds from Ohio Public ties for the improvement; authoriz- Works, City Planning Commission, Works Commission; to authorize the ing the Director of Capital Projects Finance, Law; Passage recommend- Division of Purchasing and Supplies to enter into contracts and agree- ed by Committees on Municipal Ser- to acquire, accept, and record all ments to design and construct the vices and Properties, Development land necessary to make the improve- improvement and other agreements; Planning and Sustainability. ment. and authorizing the Commissioner The rules were suspended. Yeas Approved by Directors of Capital of Purchases and Supplies to 16. Nays 0. Read second time. Read Projects, City Planning Commission, acquire, accept, and record for right- third time in full. Passed. Yeas 16. Finance, Law; Passage recommend- of-way purposes real property and Nays 0. ed by Committees on Municipal Ser- easements necessary to make the Ord. No. 664-2019. vices and Properties, Finance. improvement. By Council Member Kelley (by The rules were suspended. Yeas Approved by Directors of Capital departmental request). 16. Nays 0. Read second time. Read Projects, City Planning Commission, An emergency ordinance authoriz- third time in full. Passed. Yeas 16. Finance, Law; Passage recommend- ing the Director of Finance to Nays 0. ed by Committees on Municipal Ser- employ one or more consultants, vices and Properties, Development computer software developers, or Ord. No. 632-2019. Planning and Sustainability, vendors or one or more firms of con- By Council Members J. Jones, Finance. sultants, computer software devel- Bishop, Johnson and Kelley (by The rules were suspended. Yeas opers, or vendors necessary to departmental request). 16. Nays 0. Read second time. Read implement various technology pro- An emergency ordinance giving third time in full. Passed. Yeas 16. jects and upgrades to existing sys- consent of the City of Cleveland to Nays 0. tems under the 2019 ITS Capital the Director of Transportation of the Project Plan, other related profes- State of Ohio for improving Miles Ord. No. 635-2019. sional services to implement the Avenue from Warrensville Corpora- By Council Members Conwell, Plan; and to enter into various con- tion Line to Broadway Avenue; to Hairston, Johnson, Brancatelli and tracts to implement this ordinance. apply for and accept any gifts or Kelley (by departmental request). Approved by Directors of Finance, grants from any public or private An emergency ordinance authoriz- Law; Passage recommended by Com- entity; authorizing a Local Project ing the Mayor to apply to the Dis- mittee on Finance. agreement and any other relative trict One Public Works Integrating The rules were suspended. Yeas agreements; and causing payment of Committee for state funding for the 16. Nays 0. Read second time. Read the City’s share to the State for the rehabilitation of portions of East third time in full. Passed. Yeas 16. cost of the improvement. 105th Street; to apply for and accept Nays 0. 948 June 5, 2019 The City Record 43

Ord. No. 665-2019. Ord. No. 670-2019. Ord. No. 674-2019. By Council Member Kelley (by By Council Members Griffin and By Council Members Johnson and departmental request). Kelley (by departmental request). Kelley (by departmental request). An emergency ordinance to amend An emergency ordinance authoriz- An emergency ordinance to amend Sections 8, 30, 35 and 51 of Ordi- ing the Director of Public Health to Section 131.34 of the Codified Ordi- nance No. 323-15, passed March 30, enter into an amendment to Contract nances of Cleveland, Ohio, 1976, as 2015, as amended, relating to com- No. CT 5005 SG 2017-111 with Emily amended by Ordinance No. 1330-A-10, pensation for various classifications. Frantz, owner, Administrative & passed December 6, 2010, relating to Approved by Directors of Human Logistical Support for Public Health rental fees for recreation center use. Resources, Finance, Law; Passage Accreditation, LLC to assist the Approved by Directors of Public Department of Health to attain recommended by Committee on Works, Finance, Law; Passage rec- accreditation status by the Public Finance. ommended by Committees on Munic- Health Accreditation Board. ipal Services and Properties, The rules were suspended. Yeas Approved by Directors of Public 16. Nays 0. Read second time. Read Finance, when amended, as follows: Health, Finance, Law; Passage rec- 1. In Section 1, at amended Section third time in full. Passed. Yeas 16. ommended by Committees on Health Nays 0. 131.34(f), line 2, after “dollars”, and Human Services, Finance. strike “$84.00)” and insert “$84.00”. The rules were suspended. Yeas Amendment agreed to. Ord. No. 666-2019. 16. Nays 0. Read second time. Read The rules were suspended. Yeas By Council Member McCormack. third time in full. Passed. Yeas 16. 16. Nays 0. Read second time. Read An emergency ordinance authoriz- Nays 0. third time in full. Passed. Yeas 16. ing the Director of Capital Projects Nays 0. to issue a permit to Cavaliers Oper- Ord. No. 671-2019. By Council Members Griffin and In compliance with Section 33 of ating Company, LLC to encroach the Charter a copy of the legislation into the public rights-of-way of Kelley (by departmental request). An emergency ordinance authoriz- was furnished to each member of Huron Road, Ontario Street and Council before final passage. East 6th Street by installing, using, ing the Director of Public Health to and maintaining protective bol- accept a grant from the Ohio Envi- ronmental Protection Agency for Ord. No. 675-2019. lards/concrete planter benches 2019-20 financial assistance for the By Council Members McCormack, around the perimeter of the Rocket operation of the Division of Air Johnson and Kelley (by departmen- Mortgage Fieldhouse (fka Q Arena). Quality; authorizing the director to tal request). Approved by Directors of Capital enter into one or more contracts for An emergency ordinance authoriz- Projects, City Planning Commission, various services, equipment and sup- ing the Director of Public Works to Finance, Law; Passage recommend- plies, and contracts with various enter into an amendment to Contract ed by Committees on Municipal Ser- agencies or entities necessary to No. 38823 with Hertz Cleveland vices and Properties, Development operate the Division of Air Quality; North Point, LLC for lease of the determining the method of con- Planning and Sustainability. North Point Garage to extend the structing, rehabilitating, renovating, The rules were suspended. Yeas term of the lease and to make cer- 16. Nays 0. Read second time. Read replacing, or otherwise improving air monitoring sites and other simi- tain modifications to other terms of third time in full. Passed. Yeas 16. the lease. Nays 0. lar structures on city-owned and city-leased property; and authorizing Approved by Directors of Public the director to enter into one or Works, City Planning Commission, Ord. No. 667-2019. more contracts to construct the Finance, Law; Passage recommend- By Council Members McCormack, improvement and to design it. ed by Committees on Municipal Ser- Johnson, Brancatelli and Kelley (by Approved by Directors of Public vices and Properties, Finance. departmental request). Health, Finance, Law; Passage rec- The rules were suspended. Yeas An emergency ordinance authoriz- ommended by Committees on Health 16. Nays 0. Read second time. Read ing the Commissioner of Purchases and Human Services, Finance. third time in full. Passed. Yeas 16. and Supplies to sell City-owned prop- The rules were suspended. Yeas Nays 0. erty no longer needed for public use 16. Nays 0. Read second time. Read located near the northwest corner of third time in full. Passed. Yeas 16. SECOND READING Starkweather Avenue and West 15th Nays 0. ORDINANCES PASSED Street to Larry Zukerman for pur- Ord. No. 672-2019. poses of redevelopment. Ord. No. 887-18. By Council Members Griffin and Approved by Directors of Capital By Council Member Brancatelli Projects, City Planning Commission, Kelley (by departmental request). An emergency ordinance authoriz- (by departmental request). Finance, Law; Passage recommend- An ordinance to amend Sections ed by Committees on Municipal Ser- ing the Director of Public Health to enter into contract with the Ohio 325.03, 337.23, 343.23, 357.09, and vices and Properties, Finance. 357.13 of the Codified Ordinances of The rules were suspended. Yeas Department of Health to perform environmental lead investigations of Cleveland, Ohio, 1976, as amended 16. Nays 0. Read second time. Read residences of Medicaid-eligible and by various ordinances, relating to third time in full. Passed. Yeas 16. non-Medicaid-eligible children; and side yard setbacks, parking spaces Nays 0. to enter into one or more contracts sizes, residential garage placement with various agencies, entities, or and size, and conditional uses in the Ord. No. 668-2019. individuals to provide services nec- Pedestrian Retail Overlay; and to By Council Members Bishop, John- essary to implement this ordinance. supplement the codified ordinances son and Kelley (by departmental Approved by Directors of Public by enacting new Section 325.431 request). Health, Finance, Law; Passage rec- relating to the definition of Lot Inte- An emergency ordinance giving ommended by Committees on Health rior. consent of the City of Cleveland to and Human Services, Finance. Approved by Directors of City The rules were suspended. Yeas the County of Cuyahoga for the Planning Commission, Law; Passage 16. Nays 0. Read second time. Read improvement of East 116th Street recommended by Committee on from Miles Avenue to Union Avenue third time in full. Passed. Yeas 16. Nays 0. Development Planning and Sustain- in the City of Cleveland; authorizing ability, when amended, as follows: the Director of Capital Projects to 1. In Sections 1 and 2, lines 7 and enter into agreements; to apply for Ord. No. 673-2019. By Council Members Griffin and 8, strike “2204-A-48, passed December and accept an allocation of County 19, 1949” and insert “573-18, passed Motor Vehicle License Tax Funds; Kelley (by departmental request). An emergency ordinance authoriz- July 18, 2018” in both places. authorizing the acquisition of any ing the Director of Public Health to 2. In Section 1, on page 8, at real property and easements; apply enter into contract with the Ohio amended Section 357.09(a)(1), lines for and accept gifts and grants; and Department of Health to perform 1 and 2, strike “Except for Class B to cause payment to the County for investigations of violations regard- Multiple Dwellings located within the City’s share of the improvement. ing smoking in workplaces and the Central Business District Approved by Directors of Capital other public places. defined in Section 325.12, interior” Projects, City Planning Commission, Approved by Directors of Public and insert “Interior”; and in lines 6 Finance, Law; Passage recommend- Health, Finance, Law; Passage rec- and 7, strike “An interior side yard ed by Committees on Municipal Ser- ommended by Committees on Health provided for a Class B Multiple vices and Properties, Finance. and Human Services, Finance. Dwelling in the Central Business The rules were suspended. Yeas The rules were suspended. Yeas District shall conform to the provi- 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read sions of Section 357.11.”. third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. 3. In Section 1, on page 9, at Nays 0. Nays 0. amended Section 357.09(b)(2)C., in 949 44 The City Record June 5, 2019 the table, at “C. Two Family” in the Finance, Law; Adoption recommend- THE CALENDAR last column, strike “10’” and insert ed by Committees on Municipal Ser- “6’”. vices and Properties, Development 4. In Section 1, on page 9, at Planning and Sustainability. The following measures will be on amended Section 357.09(b)(2)C., in The rules were suspended. Yeas their final passage at the next meet- the table at “D. Multi-family,” and 16. Nays 0. Read second time. Read ing: “One or Two family Building” in the third time in full. Adopted. Yeas 16. last column strike “10’” and insert Nays 0. NONE “6’”. 5. In Section 1, on page 10, at Res. No. 478-2019. amended Section 357.09(b)(5), lines By Council Members McCormack, BOARD OF CONTROL 8 and 9, strike “adoption of Ordi- Johnson and Brancatelli (by depart- nance 2204-A-48” and insert “passage mental request). May 29, 2019 of Ordinance No. 573-18”. An emergency resolution declar- Amendments agreed to. ing the intent to vacate a portion of The meeting of the Board of Con- The rules were suspended. Yeas West 4th Street and Mahoning trol convened in the Mayor’s office 16. Nays 0. Read second time. Read Avenue. on Wednesday, May 29, 2019 at 10:31 third time in full. Passed. Yeas 16. Approved by Directors of Capital a.m. with Acting Director Curtis pre- Nays 0. Projects, City Planning Commission, siding. In compliance with Section 33 of Finance, Law; Adoption recommend- Present: Acting Director Curtis, the Charter a copy of the legislation ed by Committees on Municipal Ser- Directors Dumas, Davis, Acting was furnished to each member of vices and Properties, Development Director Shaw, Director Cox, Acting Council before final passage. Planning and Sustainability. Director Hearne, Directors McGrath, The rules were suspended. Yeas Menesse, West, Ebersole, and Don- Ord. No. 514-2019. 16. Nays 0. Read second time. Read ald. By Council Member McCormack. third time in full. Adopted. Yeas 16. Absent: Mayor Jackson, and Direc- An ordinance establishing a zero Nays 0. tor McNamara. foot Mapped Building Setback from Others: Tiffany White Johnson, the property line along the southern Res. No. 663-2019. Commissioner, Division of Purchas- side of Carter Road between By Council Member Kelley (by es & Supplies. Riverbed Street and the eastern departmental request). Melissa Burrows, Director, Office property line of Permanent Parcel An emergency resolution to adopt of Equal Opportunity. No. 004-26-040 (Map Change 2600). and declare a Tax Budget for the Matthew Spronz, Director, Mayor’s Approved by Directors of City City of Cleveland for the year 2020 Office of Capital Projects. Planning Commission, Law; Passage and submit it to the County Budget On motions, the resolutions recommended by Committee on Commission as required by State attached were adopted, except as Development Planning and Sustain- Law, Chapter 5705 of the Revised may be otherwise noted. ability. Code. The rules were suspended. Yeas Approved by Directors of Finance, Resolution No. 217-19. 16. Nays 0. Read second time. Read Law; Adoption recommended by By Director Dumas. third time in full. Passed. Yeas 16. Committee on Finance. Whereas, Board of Control Reso- Nays 0. The rules were suspended. Yeas lution No. 161-19, adopted May 1, 16. Nays 0. Read second time. Read 2019, authorized the Director of SECOND READING EMERGENCY third time in full. Adopted. Yeas 16. Finance to enter into contract with RESOLUTIONS ADOPTED Nays 0. College Now Greater Cleveland, Inc. for professional services to conduct Res. No. 407-2019. Res. No. 682-2019. an ACT/SAT Preparation program By Council Members McCormack, By Council Members Kelley, Zone, and fixed the compensation to be Johnson and Brancatelli (by depart- and Brancatelli. paid for the services; and mental request). An emergency resolution recog- Whereas, Resolution No. 161-19 An emergency resolution declar- nizing Cuyahoga50, a community- incorrectly described the scope of ing the intent to vacate a portion of wide celebration of 50 years of services to be performed; now, there- Gehring Avenue. progress since the last Cuyahoga fore, Approved by Directors of Capital River fire, and the need for contin- Be it resolved by the Board of Projects, City Planning Commission, ued vigilance and partnership with Control of the City of Cleveland that Finance, Law; Adoption recommend- regional, state, and federal entities Resolution No. 161-19, adopted by ed by Committees on Municipal Ser- to ensure every Clevelander has this Board May 1, 2019, authorizing vices and Properties, Development access to clean water. the Director of Finance to enter into Planning and Sustainability. Approved by Committee on contract with and fixing the com- The rules were suspended. Yeas Finance. pensation to be paid to College Now 16. Nays 0. Read second time. Read The rules were suspended. Yeas Greater Cleveland, Inc. for profes- third time in full. Adopted. Yeas 16. 16. Nays 0. Read second time. Read sional services to conduct an ACT/SAT Preparation program is Nays 0. third time in full. Adopted. Yeas 16. amended by deleting that scope of Nays 0. Res. No. 463-2019. services where appearing and sub- stituting “a program for youth in By Council Members McCormack, MOTION Johnson and Brancatelli (by depart- grades 6 - 12 that will provide the mental request). following College and Career Explo- On the motion of Council Member An emergency resolution declar- ration activities: assistance with Santana, the absence of Council ing the intent to vacate a portion of understanding and completing the Barber Court S.W. Member Anthony T. Hairston is college and career technical educa- Approved by Directors of Capital hereby authorized. Seconded by tion (CTE) application process; Projects, City Planning Commission, Council Member Bishop. financial aid guidance and support Finance, Law; Adoption recommend- and financial literacy; and other col- ed by Committees on Municipal Ser- MOTION lege and career exploration activi- vices and Properties, Development ties, including college tours and Planning and Sustainability. The Council Meeting adjourned at post-secondary CTE enrollment The rules were suspended. Yeas 8:49 p.m. The next scheduled Coun- assistance.” 16. Nays 0. Read second time. Read cil Meeting will be on Wednesday, Be it further resolved that all third time in full. Adopted. Yeas 16. July 24, 2019, in the Council Cham- other provisions of Resolution No. Nays 0. ber. 161-19 not expressly amended as stated above shall remain Res. No. 477-2019. unchanged and in full force and By Council Members Santana, effect. Johnson and Brancatelli (by depart- Yeas: Acting Director Curtis, mental request). Directors Dumas, Davis, Acting An emergency resolution declar- Director Shaw, Director Cox, Acting ing the intent to vacate a portion of Director Hearne, Directors McGrath, the 1st Un-named Alley North of Menesse, West, Ebersole, and Don- Trent Avenue and East of West 40th ald. Street. Nays: None. Approved by Directors of Capital Patricia J. Britt Absent: Mayor Jackson, and Direc- Projects, City Planning Commission, City Clerk, Clerk of Council tor McNamara. 950 June 5, 2019 The City Record 45

Resolution No. 218-19. Subcontractor Work Yeas: Acting Director Curtis, By Director Davis. Percentage Directors Dumas, Davis, Acting Be it resolved by the Board of Director Shaw, Director Cox, Acting Control of the City of Cleveland that W. A. Chester Director Hearne, Directors McGrath, under the authority of Ordinance No. (non-certified) $11,654.38 Menesse, West, Ebersole, and Don- 1186-18, passed by the Council of the 0.0% ald. City of Cleveland on October 29, Nays: None. 2018, Marsh Wortham, a division of Yeas: Acting Director Curtis, Absent: Mayor Jackson, and Direc- Marsh USA, Inc., is selected from a Directors Dumas, Davis, Acting tor McNamara. list of firms determined after a full Director Shaw, Director Cox, Acting Resolution No. 223-19. and complete canvass by the Direc- Director Hearne, Directors McGrath, By Director Davis. tor of Public Utilities as the firm to Menesse, West, Ebersole, and Don- ald. Be it resolved, by the Board of be employed by contract to supple- Control of the City of Cleveland that Nays: None. ment the regularly employed staff all bids received on April 24, 2019 Absent: Mayor Jackson, and Direc- of the Public Utilities Department to for an estimated quantity of Fence tor McNamara. provide professional insurance bro- Installation, Maintenance and/or kerage services necessary to assess, Repair, all items, for the various recommend, and procure fire and Resolution No. 220-19. Divisions of the Department of Pub- extended coverage and real and per- By Director Davis. lic Utilities, under the authority of sonal property insurance including Be it resolved by the Board of Ordinance No. 1179-18, passed Octo- loss control services, risk manage- Control of the City of Cleveland that ber 29, 2018, are rejected. ment program development and the bid of Electric Research & Man- Yeas: Acting Director Curtis, other related services for the Divi- ufacturing Cooperative, Inc. dba Directors Dumas, Davis, Acting sion of Cleveland Public Power’s ERMCO for the following: Purchase Director Shaw, Director Cox, Acting major facilities including 1300 Lake- of Transformers and Accessories, Director Hearne, Directors McGrath, side Avenue, for a period of two Items A1, B1 and B2, C1 thru C3, for Menesse, West, Ebersole, and Don- years with two one-year options to the Division of Cleveland Public ald. renew, for the Division of Cleveland Power, Department of Public Utili- Nays: None. Public Power, Department of Public ties, received on February 15, 2019, Absent: Mayor Jackson, and Direc- Utilities. under the authority of Section 129.26, tor McNamara. Be it further resolved that the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the Resolution No. 224-19. Director of Public Utilities is autho- By Director Spronz. rized to enter into a contract with order quantities would amount to $220,193.00, is approved as the low- Whereas, under the authority of Marsh Wortham, a division of Marsh Ordinance No. 590-17, passed by the est and best bid, and the Director of USA, Inc., based on its proposal June 5, 2017 Public Utilities is requested to enter dated March 27, 2019, which contract and Board of Control Resolution No. shall be prepared by the Director of into contract for the items. 303-17, adopted June 14-17, the City, Law, shall provide for the furnish- Yeas: Acting Director Curtis, through the Director of Capital Pro- ing of professional insurance bro- Directors Dumas, Davis, Acting jects (“Director”), entered into City kerage services necessary to Director Shaw, Director Cox, Acting Contract No. PS2017*163 with Soil procure fire and extended coverage Director Hearne, Directors McGrath, and Materials Engineers, Inc. (SME) and real and personal property Menesse, West, Ebersole, and Don- (“Engineer”) to supplement the reg- insurance, for a total fee not to ald. ular employed staff of several exceed $1,550,000.00 for the initial Nays: None. departments of the City to obtain two year term, including the cost of Absent: Mayor Jackson, and Direc- the engineering services necessary the insurance premium, loss control tor McNamara. for the Material Testing, Geotechni- and risk management services as cal, Environmental, and General described in the proposal, and shall Resolution No. 221-19. Engineering Services contract, in an contain such additional provisions By Director Davis. amount not exceeding $510,000.00; and as the Director of Law deems nec- Be it resolved by the Board of Whereas, under the authority of essary to protect and benefit the Control of the City of Cleveland that Resolution No. 253-18, adopted on public interest. the bid of Power Line Supply Com- pany, for the following: Purchase of June 27, 2018, the City entered into Be it further resolved that the a first modification to Contract No. Transformers and Accessories, employment of the following sub- PS2017*163 with Soil and Materials Items D1 and D2, for the Division of consultant by Marsh Wortham, a Engineers, Inc. for additional engi- division of Marsh USA, Inc., for the Cleveland Public Power, Department neering services necessary for road above-mentioned professional ser- of Public Utilities, received on Feb- and bridge projects, for an amount vices is approved: ruary 15, 2019, under the authority of $600,000, thereby increasing the of Section 129.26, Codified Ordi- total compensation under the con- SUBCONSULTANT AMOUNT nances of Cleveland, Ohio, 1976, tract to $1,110,000; and PERCENTAGE which on the basis of the order Whereas, by letter dated April 29, quantities would amount to 2019, Soil and Materials Engineers, Rutledge Group, Inc. (CSB) $6,400.00 $147,842.00, is approved as the low- Inc. has requested the City’s consent 10.00% est and best bid, and the Director of to add an additional firm as sub- Public Utilities is requested to enter consultant under Contract No. Yeas: Acting Director Curtis, into contract for the items. PS2017*163 for which Codified Ordi- Directors Dumas, Davis, Acting Yeas: Acting Director Curtis, nance Section 185.36 requires previ- Director Shaw, Director Cox, Acting Directors Dumas, Davis, Acting ous written consent of the Board of Director Hearne, Directors McGrath, Director Shaw, Director Cox, Acting Control; now, therefore, Menesse, West, Ebersole, and Don- Director Hearne, Directors McGrath, Be it resolved by the Board of ald. Menesse, West, Ebersole, and Don- Control of the City of Cleveland, Nays: None. ald. that the employment of the follow- Absent: Mayor Jackson, and Direc- Nays: None. ing subconsultant by Soil and Mate- tor McNamara. Absent: Mayor Jackson, and Direc- rials Engineers, Inc., under City Contract No. PS2017*163 for the tor McNamara. Material Testing, Geotechnical, Resolution No. 219-19. Environmental, and General Engi- By Director Davis. Resolution No. 222-19. neering Services, is approved. Be it resolved by the Board of By Director Davis. Control of the City of Cleveland that Be it resolved, by the Board of Michael Baker International, Inc. the employment of the following Control of the City of Cleveland that $53,855.00 — (4.85%, non-CSB) subcontractor by J.W. Didado Elec- all bids received on March 29, 2019 tric, under Contract No. RC2016-53 for the purchase of an estimated Yeas: Acting Director Curtis, for labor and materials necessary to quantity of Labor and Materials Nec- Directors Dumas, Davis, Acting maintain, repair and replace substa- essary to Inspect, Test and Repair Director Shaw, Director Cox, Acting tion equipment, including but not Bucket and Derrick Trucks, for the Director Hearne, Directors McGrath, limited to switchgear, circuit break- Division of Cleveland Public Power, Menesse, West, Ebersole, and Don- ers, batteries and fiber optic splic- Department of Public Utilities, ald. ing (all items) for the Division of under the authority of Ordinance No. Nays: None. Cleveland Public Power, Department 1178-18, passed October 29, 2018, are Absent: Mayor Jackson, and Direc- of Public Utilities is approved: rejected. tor McNamara. 951 46 The City Record June 5, 2019

Resolution No. 225-19. Yeas: Acting Director Curtis, Forbes, Group A; all items, Group B; By Director Spronz. Directors Dumas, Davis, Acting all items, Group C; all items, Group Whereas, by Board of Control Res- Director Shaw, Director Cox, Acting D; items 4-1 through 4-3 & item 4-5, olution No. 63-19 adopted February Director Hearne, Directors McGrath, Group E; all items, Group f; all 20, 2019, under the authority of Ordi- Menesse, West, Ebersole, and Don- items, Group G; all items, Group H; nance No. 590-17, passed by the ald. items 8-1 through 8-48 & items 8-50 Cleveland City Council on June 5, Nays: None. through 8-71, & Group I; all items, 2017, the City, through the Director Absent: Mayor Jackson, and Direc- for the Division of Recreation, of Capital Projects (“Director”), was tor McNamara. Department of Public Works, for a approved to enter into a second mod- period of one year, beginning with ification to Contract No. PS2017*163 Resolution No. 227-19. the date of execution of a contract, with Soil and Materials Engineers, By Director Cox. received on April 13, 2018, under the Inc. for additional engineering ser- Be it resolved, by the Board of authority of Ordinance No. 1241-18 vices on road and bridge capital pro- Control of the City of Cleveland that passed by Cleveland City Council on jects, adding Hill International, Inc. the bid of The Shelly Company for October 29 2018, which on the basis as an approved sub-consultant to the public improvement of grinding of the estimated quantity would Soil and Materials Engineers, Inc.; city streets, all items, for the Divi- amount to $101,612 (Net), is affirmed and sion of Streets, Department of Pub- and approved as the lowest and best Whereas, it was subsequently lic Works, received on April 18, 2019 bid, and the Director of Public determined that the services to be under the authority of Ordinance No. Works is requested to enter into a provided by Hill International could 1364-18, passed by Cleveland City requirement contract for the goods more effectively be performed by Council on December 3, 2018, upon a and/or services specified. city staff; and unit basis for the improvements to The requirement contract shall Whereas, the second modification be performed as ordered during the further provide that the Contractor to Contract No. PS2017*163 with Soil period of one (1) year with (2) one- shall furnish the City’s requirements and Materials Engineers, Inc., year options to renew, at the unit for the goods and/or services, increasing the contract amount by prices set forth in the bid, which on whether more or less than the esti- $250,000.00 and including services by mated quantity, as may be ordered the basis of the estimated work to Hill International, Inc. is not need- under delivery orders separately cer- be done would amount to ed, and the total compensation tified to the contract. $1,386,000.00, is affirmed and under contract can remain at Yeas: Acting Director Curtis, approved as the lowest responsible $1,110,00.00 as approved under the Directors Dumas, Davis, Acting best bid, and the Director of Public authority of Resolution No. 253-18, Director Shaw, Director Cox, Acting Works is requested to enter into a adopted on June 27, 2018; now, there- Director Hearne, Directors McGrath, public improvement by requirement fore, Menesse, West, Ebersole, and Don- Be it resolved by the Board of contract for the improvement. ald. Control of the City of Cleveland that The public improvement by Nays: None. Resolution No. 63-19, adopted by this requirement contract shall further Absent: Mayor Jackson, and Direc- Board on February 20, 2019, increas- provide that the contractor will per- tor McNamara. ing Contract No. PS2017*163 with form all the City’s requirements for Soil and Materials Engineers, Inc. the work as may be ordered under Resolution No. 229-19. by $250,000.00 to an amount not to delivery orders separately certified By Director Cox. exceed $1,360,000.00, is rescinded. against the public improvement by Be it resolved, by the Board of Yeas: Acting Director Curtis, requirement contract, whether the Control of the City of Cleveland that Directors Dumas, Davis, Acting same shall be less than the total the bid of Tom Paige Catering Com- Director Shaw, Director Cox, Acting estimate of work to be performed pany DBA, Paige Food Services for Director Hearne, Directors McGrath, under the contract or shall exceed an estimated quantity of unitized Menesse, West, Ebersole, and Don- the same by not more than ten per- breakfasts and lunches for the 2019 ald. cent. Summer Food Program, all Items, Nays: None. Be it further resolved by the for the Division of Recreation, Absent: Mayor Jackson, and Direc- Board of Control that the employ- Department of Public Works, for a tor McNamara. ment of the following subcontrac- period of three (3) months, begin- tors by The Shelly Company is ning with the date of execution of Resolution No. 226-19. approved: a contract, received on April 26, By Director Spronz. 2019, under the authority of Ordi- Be it resolved by the Board of Subcontractor CSB Percentage nance No. 1241-18, passed by Cleve- Control of the City of Cleveland that Amount land City Council on October 29, the bid of Millstone Management 2018, which on the basis of the esti- Group for the public improvement of Clark’s Family Trucking 12.3% mated quantity would amount to the City Hall Water Damage $170,000.00 $150,770 (Net), is affirmed and Repairs Base Bid Items A through approved as the lowest and best bid, D, Optional Items 1 through 7, and Midland Concrete and Sand 9.0% and the Director of Public Works is Optional Contingency Items 1 $125,000.00 requested to enter into a require- through 4, for the Office of Capital ment contract for the goods and/or Projects, received on May 3, 2019 Big Truck Rehab Center, Inc. 5.4% services specified. under the authority of Ordinance No. $ 75,000.00 The requirement contract shall 513-19 passed May 13, 2019, upon a further provide that the Contractor gross price basis for the improve- Reilly Sweeping, Inc. 0% shall furnish the City’s requirements ment in the aggregate amount of $145,000.00 for the goods and/or services, $485,800.00 is affirmed and approved whether more or less than the esti- as the lowest responsible bid, and Cook Paving & Construction Co., mated quantity, as may be ordered the Director of the Office of Capital Inc. 3.6% under delivery orders separately cer- Projects is authorized to enter into $ 50,000.00 tified to the contract. contract with the bidder. Yeas: Acting Director Curtis, Be it further resolved, by the Yeas: Acting Director Curtis, Directors Dumas, Davis, Acting Board of Control of the City of Directors Dumas, Davis, Acting Director Shaw, Director Cox, Acting Cleveland that the employment of Director Shaw, Director Cox, Acting Director Hearne, Directors McGrath, the following subcontractors by Director Hearne, Directors McGrath, Menesse, West, Ebersole, and Don- Millstone Management Group is Menesse, West, Ebersole, and Don- ald. hereby approved: ald. Nays: None. Nays: None. Absent: Mayor Jackson, and Direc- Ullman Electric Absent: Mayor Jackson, and Direc- tor McNamara. MBE — $32,685.00 — 6.7% tor McNamara. Resolution No. 230-19. The Company Inc. Resolution No. 228-19. By Director Menesse. CSB — $17,400.00 — 3.6% By Director Cox. Whereas, under Ordinance No. Be it resolved, by the Board of 2076-76 passed October 25, 1976, the River City Building Solutions Control of the City of Cleveland that City is conducting a Land Reuti- FBE — $15,253.00 — 3.1% the bid of Gordon Food Service, Inc., lization Program (“Program”) for an estimated quantity of food, according to the provisions of Chap- Harrington Electric food products, beverages, condi- ter 5722 of the Ohio Revised Code; N/A — TBD — 0.0% ments, and paper products for Camp and 952 June 5, 2019 The City Record 47

Whereas, under the Program, the 1. The member of Council from for the sale and development of Per- City has acquired Permanent Parcel Ward 7 has either approved the pro- manent Parcel No. 016-11-137 located No. 123-19-056 located on Gallup posed sale or has not disapproved or at 3152 West 54th Street, according Avenue; and requested a hold of the proposed to the Land Reutilization Program Whereas, Section 183.021 of the sale within 45 days of notification in such manner as best carries out Codified Ordinances of Cleveland, of it; the intent of the program. Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the Be it further resolved that the con- sioner of Purchases and Supplies, parcel is neither tax delinquent nor sideration for the sale of the parcel when directed by the Director of in violation of the Building and shall be $200.00, which amount is Community Development and when Housing Code; now, therefore, determined to be not less than the certain specified conditions have Be it resolved by the Board of fair market value of the parcel for been met, to sell Land Reutilization Control of the City of Cleveland that uses according to the Program. Program parcels; and under Section 183.021 of the Codified Yeas: Acting Director Curtis, Whereas, Ada Robinson has pro- Ordinances of Cleveland, Ohio, 1976, Directors Dumas, Davis, Acting posed to the City to purchase and the Commissioner of Purchases and Director Shaw, Director Cox, Acting develop the parcel for yard expan- Supplies is authorized, when direct- Director Hearne, Directors McGrath, sion; and ed by the Director of Community Menesse, West, Ebersole, and Don- Whereas, the following conditions Development, and the Mayor is ald. exist: requested, to execute an Official Nays: None. 1. The member of Council from Deed for and on behalf of the City Absent: Mayor Jackson, and Direc- Ward 5 has either approved the pro- of Cleveland, with Yalita McCoy for tor McNamara. posed sale or has not disapproved or the sale and development of Perma- nent Parcel No. 106-21-071 located at requested a hold of the proposed Resolution No. 233-19. 7720 Melrose Avenue, according to sale within 45 days of notification By Director Menesse. the Land Reutilization Program in of it; Whereas, under Ordinance No. such manner as best carries out the 2076-76 passed October 25, 1976, the 2. The proposed purchaser of the intent of the program. parcel is neither tax delinquent nor City is conducting a Land Reuti- Be it further resolved that the con- lization Program (“Program”) in violation of the Building and sideration for the sale of the parcel Housing Code; now, therefore, according to the provisions of Chap- shall be $200.00, which amount is ter 5722 of the Ohio Revised Code; Be it resolved by the Board of determined to be not less than the and Control of the City of Cleveland that fair market value of the parcel for Whereas, under the Program, the under Section 183.021 of the Codified uses according to the Program. City has acquired Permanent Parcel Ordinances of Cleveland, Ohio, 1976, Yeas: Acting Director Curtis, No. 106-22-054 located on East 85th the Commissioner of Purchases and Directors Dumas, Davis, Acting Street; and Supplies is authorized, when direct- Director Shaw, Director Cox, Acting Whereas, Section 183.021 of the ed by the Director of Community Director Hearne, Directors McGrath, Codified Ordinances of Cleveland, Development, and the Mayor is Menesse, West, Ebersole, and Don- Ohio, 1976 authorizes the Commis- requested, to execute an Official ald. sioner of Purchases and Supplies, Deed for and on behalf of the City Nays: None. when directed by the Director of of Cleveland, with Ada Robinson for Absent: Mayor Jackson, and Direc- Community Development and when the sale and development of Perma- tor McNamara. certain specified conditions have nent Parcel No. 123-19-056 located on been met, to sell Land Reutilization Gallup Avenue, according to the Resolution No. 232-19. Program parcels; and Land Reutilization Program in such By Director Menesse. Whereas, Shirley J, Johnson has manner as best carries out the Whereas, under Ordinance No. proposed to the City to purchase and intent of the program. 2076-76 passed October 25, 1976, the develop the parcel for yard expan- Be it further resolved that the con- City is conducting a Land Reuti- sion; and sideration for the sale of the parcel lization Program (“Program”) Whereas, the following conditions shall be $200.00, which amount is according to the provisions of Chap- exist: determined to be not less than the ter 5722 of the Ohio Revised Code; 1. The member of Council from and fair market value of the parcel for Ward 7 has either approved the pro- Whereas, under the Program, the uses according to the Program. posed sale or has not disapproved or City has acquired Permanent Parcel Yeas: Acting Director Curtis, requested a hold of the proposed No. 016-11-137 located at 3152 West Directors Dumas, Davis, Acting sale within 45 days of notification 54th Street; and of it; Director Shaw, Director Cox, Acting Whereas, Section 183.021 of the Director Hearne, Directors McGrath, 2. The proposed purchaser of the Codified Ordinances of Cleveland, parcel is neither tax delinquent nor Menesse, West, Ebersole, and Don- Ohio, 1976 authorizes the Commis- ald. in violation of the Building and sioner of Purchases and Supplies, Housing Code; now, therefore, Nays: None. when directed by the Director of Be it resolved by the Board of Absent: Mayor Jackson, and Direc- Community Development and when Control of the City of Cleveland that tor McNamara. certain specified conditions have under Section 183.021 of the Codified been met, to sell Land Reutilization Ordinances of Cleveland, Ohio, 1976, Resolution No. 231-19. Program parcels; and the Commissioner of Purchases and By Director Menesse. Whereas, Richard Monda has pro- Supplies is authorized, when direct- Whereas, under Ordinance No. posed to the City to purchase and ed by the Director of Community 2076-76 passed October 25, 1976, the develop the parcel for yard expan- Development, and the Mayor is City is conducting a Land Reuti- sion; and requested, to execute an Official lization Program (“Program”) Whereas, the following conditions Deed for and on behalf of the City according to the provisions of Chap- exist: of Cleveland, with Shirley J. John- ter 5722 of the Ohio Revised Code; 1. The member of Council from son for the sale and development of and Ward 3 has either approved the pro- Permanent Parcel No. 106-22-054 Whereas, under the Program, the posed sale or has not disapproved or located on East 85th Street, accord- City has acquired Permanent Parcel requested a hold of the proposed ing to the Land Reutilization Pro- No. 106-21-071 located at 7720 Melrose sale within 45 days of notification gram in such manner as best carries Avenue; and of it; out the intent of the program. Whereas, Section 183.021 of the 2. The proposed purchaser of the Be it further resolved that the con- Codified Ordinances of Cleveland, parcel is neither tax delinquent nor sideration for the sale of the parcel Ohio, 1976 authorizes the Commis- in violation of the Building and shall be $200.00, which amount is sioner of Purchases and Supplies, Housing Code; now, therefore, determined to be not less than the when directed by the Director of Be it resolved by the Board of fair market value of the parcel for Community Development and when Control of the City of Cleveland that uses according to the Program. certain specified conditions have under Section 183.021 of the Codified Yeas: Acting Director Curtis, been met, to sell Land Reutilization Ordinances of Cleveland, Ohio, 1976, Directors Dumas, Davis, Acting Program parcels; and the Commissioner of Purchases and Director Shaw, Director Cox, Acting Whereas, Yalita McCoy has pro- Supplies is authorized, when direct- Director Hearne, Directors McGrath, posed to the City to purchase and ed by the Director of Community Menesse, West, Ebersole, and Don- develop the parcel for yard expan- Development, and the Mayor is ald. sion; and requested, to execute an Official Nays: None. Whereas, the following conditions Deed for and on behalf of the City Absent: Mayor Jackson, and Direc- exist: of Cleveland, with Richard Monda tor McNamara. 953 48 The City Record June 5, 2019

Resolution No. 234-19. certain specified conditions have under Section 183.021 of the Codified By Director Menesse. been met, to sell Land Reutilization Ordinances of Cleveland, Ohio, 1976, Whereas, under Ordinance No. Program parcels; and the Commissioner of Purchases and 2076-76 passed October 25, 1976, the Whereas, Ida A. Witherspoon has Supplies is authorized, when direct- City is conducting a Land Reuti- proposed to the City to purchase and ed by the Director of Community lization Program (“Program”) develop the parcel for yard expan- Development, and the Mayor is according to the provisions of Chap- sion; and requested to execute an Official ter 5722 of the Ohio Revised Code; Whereas, the following conditions Deed for and on behalf of the City and exist: of Cleveland with Twilla M. Hugh- Whereas, under the Program, the 1. The member of Council from ley for the sale of Permanent Par- City has acquired Permanent Parcel Ward 4 has either approved the pro- cel No. 130-20-140, according to the No. 130-08-016 located at 3393 East posed sale or has not disapproved or Land Reutilization Program in such 128th Street; and requested a hold of the proposed manner as best carries out the Whereas, Section 183.021 of the sale within 45 days of notification intent of the program. Codified Ordinances of Cleveland, of it; Be it further resolved that the con- Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the sideration for the sale of the parcel sioner of Purchases and Supplies, parcel is neither tax delinquent nor shall be $200.00, which amount is when directed by the Director of in violation of the Building and determined to be not less than the Community Development and when Housing Code; now, therefore, fair market value of the parcel for certain specified conditions have Be it resolved by the Board of uses according to the Program. been met, to sell Land Reutilization Control of the City of Cleveland that Yeas: Acting Director Curtis, Program parcels; and under Section 183.021 of the Codified Directors Dumas, Davis, Acting Whereas, Eric Dale Middlebrooks Ordinances of Cleveland, Ohio, 1976, Director Shaw, Director Cox, Acting has proposed to the City to purchase the Commissioner of Purchases and Director Hearne, Directors McGrath, and develop the parcel for yard Supplies is authorized, when direct- Menesse, West, Ebersole, and Don- expansion; and ed by the Director of Community ald. Whereas, the following conditions Development, and the Mayor is Nays: None. exist: requested, to execute an Official Absent: Mayor Jackson, and Direc- 1. The member of Council from Deed for and on behalf of the City tor McNamara. Ward 4 has either approved the pro- of Cleveland, with Ida A. Wither- posed sale or has not disapproved or spoon for the sale and development Resolution No. 237-19. requested a hold of the proposed of Permanent Parcel No. 128-24-036 By Director Menesse. sale within 45 days of notification located at 11128 Lardet Avenue, Whereas, under Ordinance No. of it; according to the Land Reutilization 2076-76 passed October 25, 1976, the 2. The proposed purchaser of the Program in such manner as best car- City is conducting a Land Reuti- parcel is neither tax delinquent nor ries out the intent of the program. lization Program (“Program”) in violation of the Building and Be it further resolved that the con- according to the provisions of Chap- Housing Code; now, therefore, sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; Be it resolved by the Board of shall be $200.00, which amount is and Control of the City of Cleveland that determined to be not less than the Whereas, under the Program, the under Section 183.021 of the Codified fair market value of the parcel for City has acquired Permanent Parcel Ordinances of Cleveland, Ohio, 1976, uses according to the Program. No. 137-12-040 located at 3662 East the Commissioner of Purchases and Yeas: Acting Director Curtis, 138th Street; and Supplies is authorized, when direct- Directors Dumas, Davis, Acting ed by the Director of Community Director Shaw, Director Cox, Acting Whereas, Section 183.021 of the Development, and the Mayor is Director Hearne, Directors McGrath, Codified Ordinances of Cleveland, requested, to execute an Official Menesse, West, Ebersole, and Don- Ohio, 1976, authorizes the Commis- Deed for and on behalf of the City ald. sioner of Purchases and Supplies, of Cleveland, with Eric Dale Mid- Nays: None. when directed by the Director of dlebrooks for the sale and develop- Absent: Mayor Jackson, and Direc- Community Development, to sell ment of Permanent Parcel No. tor McNamara. Land Reutilization Program parcels 130-08-016 located at 3393 East 128th when certain specified conditions Street, according to the Land Reuti- Resolution No. 236-19. have been met; and lization Program in such manner as By Director Menesse. Whereas, Rosie Bailey has pro- best carries out the intent of the Whereas, under Ordinance No. posed to the City to purchase and program. 2076-76 passed October 25, 1976, the develop the parcel for a side yard Be it further resolved that the con- City is conducting a Land Reuti- expansion; and sideration for the sale of the parcel lization Program (“Program”) Whereas, the following conditions shall be $200.00, which amount is according to the provisions of Chap- exist: determined to be not less than the ter 5722 of the Ohio Revised Code; 1. The member of Council from fair market value of the parcel for and Ward 4 has approved the proposed uses according to the Program. Whereas, under the Program, the sale or has not disapproved or Yeas: Acting Director Curtis, City has acquired Permanent Parcel requested a hold of the proposed Directors Dumas, Davis, Acting No. 130-20-140 located at 3414 East sale within 45 days of notification Director Shaw, Director Cox, Acting 117th Street; and of it; Director Hearne, Directors McGrath, Whereas, Section 183.021 of the 2. The proposed purchaser of the Menesse, West, Ebersole, and Don- Codified Ordinances of Cleveland, parcel is neither tax delinquent nor ald. Ohio, 1976, authorizes the Commis- in violation of the Building and Nays: None. sioner of Purchases and Supplies, Housing Code; now, therefore, Absent: Mayor Jackson, and Direc- when directed by the Director of Be it resolved by the Board of tor McNamara. Community Development, to sell Control of the City of Cleveland that Land Reutilization Program parcels under Section 183.021 of the Codified Resolution No. 235-19. when certain specified conditions Ordinances of Cleveland, Ohio, 1976, By Director Menesse. have been met; and the Commissioner of Purchases and Whereas, under Ordinance No. Whereas, Twilla M. Hughley has Supplies is authorized, when direct- 2076-76 passed October 25, 1976, the proposed to the City to purchase the ed by the Director of Community City is conducting a Land Reuti- parcel for yard expansion; and Development, and the Mayor is lization Program (“Program”) Whereas, the following conditions requested to execute an Official according to the provisions of Chap- exist: Deed for and on behalf of the City ter 5722 of the Ohio Revised Code; 1. The member of Council from of Cleveland with Rosie Bailey for and Ward 2 has approved the proposed the sale and development of Perma- Whereas, under the Program, the sale or has not disapproved or nent Parcel No. 137-12-040, according City has acquired Permanent Parcel requested a hold of the proposed to the Land Reutilization Program No. 128-24-036 located at 11128 Lardet sale within 45 days of notification in such manner as best carries out Avenue; and of it; the intent of the program. Whereas, Section 183.021 of the 2. The proposed purchaser of the Be it further resolved that the con- Codified Ordinances of Cleveland, parcel is neither tax delinquent nor sideration for the sale of the parcel Ohio, 1976 authorizes the Commis- in violation of the Building and shall be $200.00, which amount is sioner of Purchases and Supplies, Housing Code; now, therefore, determined to be not less than the when directed by the Director of Be it resolved by the Board of fair market value of the parcel for Community Development and when Control of the City of Cleveland that uses according to the Program. 954 June 5, 2019 The City Record 49

Yeas: Acting Director Curtis, Whereas, under the Program, the requested a hold of the proposed Directors Dumas, Davis, Acting City has acquired Permanent Parcel sale within 45 days of notification Director Shaw, Director Cox, Acting No. 135-03-087 located at 10007 Ander- of it; Director Hearne, Directors McGrath, son Avenue; and 2. The proposed purchaser of the Menesse, West, Ebersole, and Don- Whereas, Section 183.021 of the parcels is neither tax delinquent nor ald. Codified Ordinances of Cleveland, in violation of the Building and Nays: None. Ohio, 1976, authorizes the Commis- Housing Code; now, therefore, Absent: Mayor Jackson, and Direc- sioner of Purchases and Supplies, Be it resolved by the Board of tor McNamara. when directed by the Director of Control of the City of Cleveland that Community Development, to sell under Section 183.021 of the Codified Resolution No. 238-19. Land Reutilization Program parcels Ordinances of Cleveland, Ohio, 1976, By Director Menesse. when certain specified conditions the Commissioner of Purchases and Whereas, under Ordinance No. have been met; and Supplies is authorized, when direct- 2076-76 passed October 25, 1976, the Whereas, Deletha Twitty has pro- ed by the Director of Community City is conducting a Land Reuti- posed to the City to purchase the Development, and the Mayor is lization Program (“Program”) parcel for yard expansion; and requested to execute an Official according to the provisions of Chap- Whereas, the following conditions Deed for and on behalf of the City ter 5722 of the Ohio Revised Code; exist: of Cleveland with Hough at Home, and 1. The member of Council from LLC for the sale and development of Whereas, under the Program, the Ward 6 has approved the proposed Permanent Parcel Nos. 119-04-093, City has acquired Permanent Parcel sale or has not disapproved or 119-04-094, and 119-04-095 according No. 125-12-004 located at 3001 East requested a hold of the proposed to the Land Reutilization Program 65th Street; and sale within 45 days of notification in such manner as best carries out Whereas, Section 183.021 of the of it; the intent of the program. Codified Ordinances of Cleveland, 2. The proposed purchaser of the Be it further resolved that the con- Ohio, 1976, authorizes the Commis- parcel is neither tax delinquent nor sideration for the sale of the parcels sioner of Purchases and Supplies, in violation of the Building and shall be $200.00 each, which amount when directed by the Director of Housing Code; now, therefore, is determined to be not less than the Community Development, to sell Be it resolved by the Board of fair market value of the parcels for Land Reutilization Program parcels Control of the City of Cleveland that uses according to the Program. when certain specified conditions under Section 183.021 of the Codified Yeas: Acting Director Curtis, have been met; and Ordinances of Cleveland, Ohio, 1976, Directors Dumas, Davis, Acting Whereas, Theodore U. and Good- the Commissioner of Purchases and Director Shaw, Director Cox, Acting ness Iheoma Ezirim have proposed Supplies is authorized, when direct- Director Hearne, Directors McGrath, to the City to purchase and develop ed by the Director of Community Menesse, West, Ebersole, and Don- the parcel for a side yard expansion; Development, and the Mayor is ald. and requested to execute an Official Nays: None. Whereas, the following conditions Deed for and on behalf of the City Absent: Mayor Jackson, and Direc- exist: of Cleveland with Deletha Twitty tor McNamara. 1. The member of Council from for the sale of Permanent Parcel No. Ward 5 has approved the proposed 135-03-087, according to the Land Resolution No. 241-19. sale or has not disapproved or Reutilization Program in such man- By Director Menesse. requested a hold of the proposed ner as best carries out the intent of Whereas, under Ordinance No. sale within 45 days of notification the program. 2076-76 passed October 25, 1976, the of it; Be it further resolved that the con- City is conducting a Land Reuti- 2. The proposed purchaser of the sideration for the sale of the parcel lization Program (“Program”) parcel is neither tax delinquent nor shall be $200.00, which amount is according to the provisions of Chap- in violation of the Building and determined to be not less than the ter 5722 of the Ohio Revised Code; Housing Code; now, therefore, fair market value of the parcel for and Be it resolved by the Board of uses according to the Program. Whereas, under the Program, the Control of the City of Cleveland that Yeas: Acting Director Curtis, City has acquired Permanent Parcel under Section 183.021 of the Codified Directors Dumas, Davis, Acting No. 129-18-023 located at 2926 East Ordinances of Cleveland, Ohio, 1976, Director Shaw, Director Cox, Acting 119th Street; and the Commissioner of Purchases and Director Hearne, Directors McGrath, Whereas, Section 183.021 of the Supplies is authorized, when direct- Menesse, West, Ebersole, and Don- Codified Ordinances of Cleveland, ed by the Director of Community ald. Ohio, 1976, authorizes the Commis- Development, and the Mayor is Nays: None. sioner of Purchases and Supplies, requested to execute an Official Absent: Mayor Jackson, and Direc- when directed by the Director of Deed for and on behalf of the City tor McNamara. Community Development, to sell of Cleveland with Theodore U. and Land Reutilization Program parcels Goodness Iheoma Ezirim for the Resolution No. 240-19. when certain specified conditions sale and development of Permanent By Director Menesse. have been met; and Parcel No. 125-12-004, according to Whereas, under Ordinance No. Whereas, Tamica M. Fulford has the Land Reutilization Program in 2076-76 passed October 25, 1976, the proposed to the City to purchase and such manner as best carries out the City is conducting a Land Reuti- develop the parcel for a side yard intent of the program. lization Program (“Program”) expansion; and Be it further resolved that the con- according to the provisions of Chap- Whereas, the following conditions sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; exist: shall be $200.00, which amount is and 1. The member of Council from determined to be not less than the Whereas, under the Program, the Ward 4 has approved the proposed fair market value of the parcel for City has acquired Permanent Parcel sale or has not disapproved or uses according to the Program. Nos. 119-04-093, 119-04-094, and 119-04- requested a hold of the proposed Yeas: Acting Director Curtis, 095 located on East 85th Street; and sale within 45 days of notification Directors Dumas, Davis, Acting Whereas, Section 183.021 of the of it; Director Shaw, Director Cox, Acting Codified Ordinances of Cleveland, 2. The proposed purchaser of the Director Hearne, Directors McGrath, Ohio, 1976, authorizes the Commis- parcel is neither tax delinquent nor Menesse, West, Ebersole, and Don- sioner of Purchases and Supplies, in violation of the Building and ald. when directed by the Director of Housing Code; now, therefore, Nays: None. Community Development, to sell Be it resolved by the Board of Absent: Mayor Jackson, and Direc- Land Reutilization Program parcels Control of the City of Cleveland that tor McNamara. when certain specified conditions under Section 183.021 of the Codified have been met; and Ordinances of Cleveland, Ohio, 1976, Resolution No. 239-19. Whereas, Hough at Home, LLC the Commissioner of Purchases and By Director Menesse. has proposed to the City to purchase Supplies is authorized, when direct- Whereas, under Ordinance No. and develop the parcels for new sin- ed by the Director of Community 2076-76 passed October 25, 1976, the gle-family home construction; and Development, and the Mayor is City is conducting a Land Reuti- Whereas, the following conditions requested to execute an Official lization Program (“Program”) exist: Deed for and on behalf of the City according to the provisions of Chap- 1. The member of Council from of Cleveland with Tamica M. Ful- ter 5722 of the Ohio Revised Code; Ward 7 has approved the proposed ford for the sale and development of and sale or has not disapproved or Permanent Parcel No. 129-18-023, 955 50 The City Record June 5, 2019 according to the Land Reutilization City is conducting a Land Reuti- EXAMINATION RESULTS: Each Program in such manner as best car- lization Program (“Program”) applicant whether passing or failing ries out the intent of the program. according to the provisions of Chap- will be notified of the results of the Be it further resolved that the con- ter 5722 of the Ohio Revised Code; examination as soon as the sideration for the sale of the parcel and commission has graded the papers. shall be $200.00 which amount is Whereas, under the Program, the Thereafter, eligible lists will be determined to be not less than the City has acquired Permanent Parcel established which will consist of the fair market value of the parcel for No. 125-03-016 located at 2970 East names of those candidates who have uses according to the Program. 65th Street; and been successful in all parts of the Yeas: Acting Director Curtis, Whereas, Section 183.021 of the examination. Directors Dumas, Davis, Acting Codified Ordinances of Cleveland, Director Shaw, Director Cox, Acting Ohio 1976 authorizes the Commis- PHYSICAL EXAMINATION: All Director Hearne, Directors McGrath, sioner of Purchases and Supplies, candidates for original entrance Menesse, West, Ebersole, and Don- when directed by the Director of positions who are successful in ald. Community Development and when other parts of the examinations Nays: None. certain specified conditions have must submit to a physical examina- Absent: Mayor Jackson, and Direc- been met, to lease Land Reutiliza- tion. tor McNamara. tion Program parcels; and Whereas, Another Chance of Ohio, ROBERT BENNETT, Resolution No. 242-19. LLC has proposed to the City to President By Director Menesse. lease and develop the parcel for Whereas, under Ordinance No. community green space; and 2076-76 passed October 25, 1976, the Whereas, the following conditions SCHEDULE OF THE BOARD City is conducting a Land Reuti- exist: OF ZONING APPEALS lization Program (“Program”) 1. The member of Council from according to the provisions of Chap- Ward 5 has either approved the pro- ter 5722 of the Ohio Revised Code; posed lease or has not disapproved MONDAY, JUNE 17, 2019 and or requested a hold of the proposed Whereas, under the Program, the lease within 45 days of notification 9:30 A.M. City has acquired Permanent Parcel of it; No. 106-22-057 located at 1559 East 2. The proposed lessee of the par- Notice of Violation and Abatement 85th Street; and cel is neither tax delinquent nor in Order of Sewer Use Code Whereas, Section 183.021 of the violation of the Building and Hous- Calendar No. 19-56: 3571 Jennings Codified Ordinances of Cleveland, ing Code; now, therefore, Road and 1010 Dennison Avenue Ohio, 1976, authorizes the Commis- Be it resolved by the Board of (Ward 12) sioner of Purchases and Supplies, Control of the City of Cleveland that Chemical Solvents, Inc., Pavlish when directed by the Director of under Section 183.021 of the Codified Real Estate Holding Company and Community Development, to sell Ordinances of Cleveland, Ohio, 1976, Jerry Schill (collectively “Appel- Land Reutilization Program parcels the Commissioner of Purchases and lants”) appeal under the authority when certain specified conditions Supplies is authorized, when direct- of Section 76-6(b) of the Charter of have been met; and ed by the Director of Community Whereas, Delorean Sims has pro- the City of Cleveland and Section Development, to execute a lease for posed to the City to purchase the 329.02(d) of the Cleveland Codified a term of two (2) years, for and on parcel for yard expansion; and Ordinances from the decision of the behalf of the City of Cleveland, with Whereas, the following conditions Commissioner of the City of Cleve- exist: Another Chance of Ohio, LLC for the land’s Division of Water Pollution 1. The member of Council from lease and development of Permanent Control to issue a Notice of Viola- Ward 7 has approved the proposed Parcel No. 125-03-016 located at 2970 tion which states that the appellants sale or has not disapproved or East 65th Street, according to the have failed to comply with Sections requested a hold of the proposed Land Reutilization Program in such 541.11 and 541.12 of the Cleveland sale within 45 days of notification manner as best carries out the Codified Ordinance Section regard- of it; intent of the program. ing infiltration of pollutants into the 2. The proposed purchaser of the Be it further resolved that the con- sewer system from the subject prop- parcel is neither tax delinquent nor sideration for the lease of the par- erty. (Filed March 28, 2019) in violation of the Building and cel shall be $2.00, which amount is Housing Code; now, therefore, determined to be not less than the Calendar No. 19-95: 11203 Stokes Be it resolved by the Board of fair rental value of the parcel for Boulevard (Ward 6) Control of the City of Cleveland that uses according to the Program. Cleveland Clinic, owner, proposes under Section 183.021 of the Codified Yeas: Acting Director Curtis, to convert existing former medical Ordinances of Cleveland, Ohio, 1976, Directors Dumas, Davis, Acting office building to indoor parking the Commissioner of Purchases and Director Shaw, Director Cox, Acting and 23 apartments, demolish exist- Supplies is authorized, when direct- Director Hearne, Directors McGrath, ing garage structure and erect 15 ed by the Director of Community Menesse, West, Ebersole, and Don- townhouse units in a B1 Two Fam- Development, and the Mayor is ald. ily Residential District. The owner requested to execute an Official Nays: None. appeals for relief from the strict Deed for and on behalf of the City Absent: Mayor Jackson, and Direc- application of the following sections of Cleveland with Delorean Sims for tor McNamara. of the Cleveland Codified Ordi- the sale of Permanent Parcel No. nances: 106-22-057, according to the Land JEFFREY B. MARKS, 1. Section 337.03 which states that Reutilization Program in such man- Secretary a 23 unit apartment building is not ner as best carries out the intent of permitted in a Two Family Resi- the program. dential District. Be it further resolved that the con- CIVIL SERVICE NOTICES 2. Section 337.031(g)(2) which sideration for the sale of the parcel ______states that in any zoning district shall be $200.00, which amount is where a townhouse use is not per- General Information determined to be not less than the mitted by right the City Planning fair market value of the parcel for Application blanks and informa- Commission shall determine, based uses according to the Program. tion, regarding minimum entrance on the application of division Yeas: Acting Director Curtis, qualifications, scope of examination, 337.031(e), if a townhouse use shall Directors Dumas, Davis, Acting and suggested reference materials be permitted. City Planning Com- Director Shaw, Director Cox, Acting may be obtained at the office of the mission has not made a determina- Director Hearne, Directors McGrath, Civil Service Commission, Room 119, tion. Menesse, West, Ebersole, and Don- City Hall, East 6th Street, and Lake- 3. Section 337.031(e) which states ald. side Avenue. that no building permit shall be Nays: None. issued for the original construction Absent: Mayor Jackson, and Direc- Application blanks must be prop- of a townhouse unit or townhouse tor McNamara. erly filled out on the official form building without approval of the prescribed by the Civil Service Com- Director of the City Planning Com- Resolution No. 243-19. mission and filed at the office of the mission, which shall seek to ensure By Director Menesse. commission not later than the final that the development meets the spir- Whereas, under Ordinance No. closing date slated in the examina- it and intent of division (a) by 2076-76 passed October 25, 1976, the tion announcement. applying the standards set forth in 956 June 5, 2019 The City Record 51 this section for visual compatibility Business District cannot exceed 12 REPORT OF THE BOARD with nearby properties, site layout, feet in height. (Filed May 31, 2019) building features, and circulation OF ZONING APPEALS and parking. No such approval by POSTPONED FROM MAY 13, 2019 the Director of City Planning has MONDAY, JUNE 3, 2018 been made. (Filed May 6, 2019) Calendar No. 19-74: 3122 West 16th Street (Ward 14) At the meeting of the Board of Calendar No. 19-106: 11801 Buckeye Peter Arian, owner, proposes to Zoning Appeals on Monday, June 3, Road (Ward 6) erect a 5' x 5' open front porch 2018 the following appeals were Providence House, owner, propos- made of wolmanized wood in a B1 scheduled for hearing before the es to establish use as a daycare in Two-Family Residential District. Board. an existing building and construct The owner appeals for relief from an addition for institutional use on the strict application of Section The following appeals were a parcel of land that is located in a 357.13(b)(4) of the Cleveland Codi- APPROVED: C2 Local Retail Business District fied Ordinances which states that and a B1 Two-Family Residential open front porches shall not be less Calendar No. 19-78: 1814 Brainard District. The owner appeals for than 10 feet from property line and Avenue relief from the strict application of the appellant is proposing 5 feet 1 B.R. Knez, owner, proposes to Section 337.02(g)(3)(E) of the Cleve- inch. (Filed April 16, 2019 - No Tes- erect a two story frame single fam- land Codified Ordinances which timony) ily residence with a 20' by 20' states that the proposed use must be First postponement made at the detached garage. located not less than 30 feet from request of the Development Corpo- any adjoining premises in a Resi- ration to allow for time for commu- Calendar No. 19-79: 1830 Brainard dence District not used for a simi- nity review. Avenue lar purpose and is subject to the B.R. Knez, owner, proposes to review and approval of the Board of POSTPONED FROM MAY 6, 2019 erect a two story frame single fam- Zoning Appeals. (Filed May 13, ily residence with a 20' by 20' 2019) Calendar No. 19-62: 603 Herschel detached garage. Court (Ward 3) Calendar No. 19-108: 2048 Fulton Brian Davine, owner, proposes to Calendar No. 19-84: 12027 Wade Park Road (Ward 3) construct a 3 1/2 story addition on Avenue Paul Gallo, LLC., owner, proposes a 3,220 square foot lot in a B1Two- B.R. Knez, owner, proposes to to change use of an existing ware- Family Residential District. The erect a two story frame single fam- house/office building to 53 residen- owner appeals for relief from the ily residence with a 20' by 20' tial apartment units in a B1 strict application of the following detached garage. Semi-Industry District. The owner sections of the Cleveland Codified appeals for relief from the strict Ordinances: Calendar No. 19-85: 12101 Wade Park application of the following sections 1.) Section 355.04(a) which states Avenue of the Cleveland Codified Ordi- that the minimum lot area for a sin- B.R. Knez, owner, proposes to nances: gle family dwelling in a “B” Area erect a two story frame single fam- 1. Section 355.04 which states that district is 4,800 square feet and the ily residence with a 20' by 20' in a “B” Area District the maximum lot area is 3,220 square feet. detached garage. gross floor area of a residential use 2.) Section 357.09(b)(2)(B) which is limited to one-half the lot area, in states that in a Two-Family Resi- Calendar No. 19-94: 5010 Lorain this case 27,050 square feet, and dential District no interior side yard Avenue 67,960 square feet are proposed. This on a lot occupied by a dwelling MUNU Properties, owner, proposes section also states that a lot size house shall be less than 5 feet in to renovate and use as a restaurant containing 2,400 square feet for each width for a corner lot, nor less than and 2 apartments in a G2 Limited dwelling unit is required, in this 3 feet in width for an interior lot, Retail Business District and an case 127,000 square feet, and 54,101 nor shall the aggregate width of Urban Form Overlay District. square feet are proposed. side yards on the same premises be 2. Section 357.01 which states that less than 10 feet. However, the Calendar No. 19-100: 1850 East 85th interior side yards and rear yard are width of any such interior side yard Street required for residence buildings. Per shall in no case be less than ¼ the Hough at Home owner, proposes Section 357.08(b)(2) which states height of the main building on the to erect a two story frame single that a rear yard equal to 1/2 the premises. The required interior side family residence with attached height of the building is required yard in this case is 10 feet and a 1 garage in a Multi-Family Residen- and no rear yard is proposed. Per foot 6 inch side yard is proposed. tial District. Section 357.09(b)(2)(C) which states (Filed April 9, 2019 - No Testimony) that interior side yards equal to ¼ First postponement made at the Calendar No. 19-101: 1856 East 85th the height of the building are request of the Councilman to allow Street required and side yards varying for time for further review. Hough at Home owner, proposes from one to five feet are provided. to erect a two story frame single (Filed May 15, 2019) POSTPONED FROM APRIL 22, 2019 family residence with attached garage in a Multi-Family Residen- Calendar No. 19-110: 1849 West 50th Calendar No. 19-051: 12341 Chester- tial District. Street (Ward 3) field Avenue (Ward 9) David Haders, owner, proposes to RD Management Group LLC., The following appeals were erect 2 pre-manufactured temporary owner, proposes to change use of DENIED: tents for storage of personal build- existing two family residence to a ing materials for 12 months in a B1 three family residence in a B1 Two- None. Two-Family Residential District. Family Residential District. The The owner appeals for relief from owner appeals for relief from the The following appeals were the strict application of Section strict application of the following WITHDRAWN: 347.10(a) which states that a tem- sections of the Cleveland Codified porary permit shall not exceed 30 Ordinances: Calendar No. 19-87: 12635 Larchmere days in duration. (Filed May 17, 1. Section 337.03(a) which states Boulevard 2019) that a three family dwelling is not Kirt Montlack LTD., owner, pro- permitted in a Two-Family residen- poses to change use of studio to tat- Calendar No. 19-127: 16601 Euclid tial district but first allowed in a too shop in a C2 Local Retail Avenue (Ward 10) Multi-Family Residential District. Business District and a Pedestrian Ahmad Sliman, owner, proposes to 2. Section 355.04(b) which states Retail Overlay District. erect a 22.5 feet tall, 60 square foot that in a “B” Area District, a mini- illuminated, double faced, freestand- mum lot area of 7,200 square feet is Calendar No. 19-92: 6615 Lansing ing sign, for a service station in a required and 4,480 square feet is pro- Avenue D2 Local Retail Business District. posed. (Filed March 26, 2019 - No Dwayne Bailey, owner, proposes The owner appeals for relief from Testimony) to install approximately 57 linear the strict application of Section First postponement made to allow feet of 4 feet tall chain link fence 350.14(b) which states that a free- for time for the appellant to prepare within 2 feet 6 inches of the adja- standing sign in a Local Retail a response to res judicata issue. cent building. 957 52 The City Record June 5, 2019

The following appeals were DIS- REPORT OF THE BOARD Director of the Department of Build- MISSED: ing and Housing, requiring compli- OF BUILDING STANDARDS ance with the Codified Ordinances None. AND BUILDING APPEALS of the City of Cleveland and the Ohio Building Code (OBC). The following case was POST- BE IT RESOLVED, a motion is in PONED: order at this time to GRANT the Re: Report of the Meeting of Appellant until July 1, 2019 to May 29, 2019 Calendar No. 19-93: Andrico Marshall obtain all required permits to com- 3807 East 93rd Street. Postponed to plete abatement of all the violations July 8, 2019. As required by the provisions of on the property; the property is Section 3103.20(2) of the Codified REMANDED to the Department of The following cases were heard Ordinances of the City of Cleveland, Building and Housing for supervi- by the Board of Zoning Appeals on Ohio 1976, the following brief of sion and any required further Monday, May 20, 2019 and the deci- action of the subject meeting is given action. Motion so in order. Motioned sions were adopted and approved on for publication in the City Record: by Mr. Maschke and seconded by Mr. Monday, June 3, 2019: Bradley. * * * Yeas: Messrs. Denk, Gallagher, The following appeals were Bradley, Maschke. Nays: None. APPROVED: Docket A-58-19. Absent: Mr. Saab. RE: Appeal of Judson, Inc., Owner Calendar No. 19-80: 1523 East 122nd appeals from an ADJUDICATION * * * Street ORDER B18039471-2 of OBC NEC B.R. Knez, owner, proposes to 406.12: Tamperproof receptacles for Docket A-64-19. erect a two story frame single fam- outlets in living spaces, located on RE: Appeal of Victor Keshishian, the premises known as 1890 East ily residence with 20' x 20' Owner appeals from an ADJUDICA- 107th Street, dated March 15, 2019 of detached garage in a B1 Two-Fami- TION ORDER B18026868-1 of OBC the Director of the Department of ly. 903.2.8: Item One (1)-A full-building Building and Housing, requiring automatic fire sprinkler systems, compliance with the Codified Ordi- Calendar No. 19-81: 1510 East 123rd located on the premises know as nances of the City of Cleveland and Street 10511 Madison Avenue, dated Febru- the Ohio Building Code (OBC). ary 27, 2019 of the Director of the B.R. Knez, owner, proposes to BE IT RESOLVED, a motion is in erect a two story frame single fam- order at this time to GRANT the Department of Building and Hous- ily residence with 20' x 20' Appellant relief to OBC NEC 406.12 ing, requiring compliance with the detached garage in a B1 Two-Fami- requirement for tamperproof recep- Codified Ordinances of the City of ly. tacles on the NINTH FLOOR INDE- Cleveland and the Ohio Building PENDENT LIVING ONLY at Judson Code (OBC). Calendar No. 19-82: 1514 East 123rd Manor; the property is REMANDED BE IT RESOLVED, a motion is in Street to the Department of Building and order at this time to DENY the B.R. Knez, owner, proposes to Housing for supervision and any Appellant relief request and erect a two story frame single fam- required further action. Motion so in UPHOLD OBC 903.2.8; requiring a ily residence with 20' x 20' order. Motioned by Mr. Maschke and sprinkler system per the code; the detached garage in a B1 Two-Fami- seconded by Mr. Bradley. property is REMANDED to the ly. Yeas: Messrs. Denk, Gallagher, Department of Building and Hous- Bradley, Maschke. Nays: None. ing for supervision and any required Calendar No. 19-83: 1518 East 123rd Absent: Mr. Saab. further action. Motion so in order. Street Motioned by Mr. Maschke and sec- B.R. Knez, owner, proposes to * * * onded by Mr. Bradley. erect a two story frame single fam- Yeas: Messrs. Denk, Gallagher, ily residence with 20' x 20' Docket A-60-19. Bradley, Maschke. Nays: None. detached garage in a B1 Two-Fami- RE: Appeal of Mark Campbell, Absent: Mr. Saab. ly. Owner of the R-2 Residential Non- Transient; Apartments (Shared * * * Calendar No. 19-86: 601 Erieside Egress) Two Story Frame Property Avenue located on the premises known as Docket A-65-19. City of Cleveland, owner, and 3223 East 116th Street appeals from RE: Appeal of Maurice Hamil- Great Lakes Science Center, lessee, a NOTICE OF VIOLATION — INTE- ton/Maurice Grays, Owner of the propose to use unpaved lawn area RIOR/EXTERIOR MAINTENANCE, MXD Mixed Uses-Multiple uses in as a parking lot for events at First dated February 25, 2019 of the Direc- one building Two Story Frame Prop- Energy Stadium in a B3 General tor of the Department of Building erty, located on the premises known Industry District. and Housing, requiring compliance as 16626 Miles Avenue appeals from with the Codified Ordinances of the a NOTICE OF VIOLATION — CON- Calendar No. 19-88: 1017 Starkweather City of Cleveland and the Ohio DEMNATION MAIN STRUCTURE, Avenue Building Code (OBC). dated February 26, 2019 of the Direc- Sutton 5th Street LLC., owner, pro- BE IT RESOLVED, a motion is in tor of the Department of Building poses to erect a two story single order at this time to GRANT the and Housing, requiring compliance family residence with an attached Appellant until September 1, 2019 to with the Codified Ordinances of the garage in a B1 Two-Family. complete abatement of the viola- City of Cleveland and the Ohio tions; the property is REMANDED to Building Code (OBC). Calendar No. 19-89: 1019 Starkweather the Department of Building and BE IT RESOLVED, a motion is in Avenue Housing for supervision and any order at this time to GRANT the Sutton 5th Street LLC., owner, pro- required further action. Motion so in Appellant until September 1, 2019 to poses to erect a two story single order. Motioned by Mr. Bradley and complete abatement of all the vio- family residence with an attached seconded by Mr. Maschke. lations by demolishing the building garage in a B1 Two-Family. Yeas: Messrs. Denk, Gallagher, on the property; the property is Bradley, Maschke. Nays: None. REMANDED to the Department of Calendar No. 19-90: 1021 Starkweath- Absent: Mr. Saab. Building and Housing for supervi- er Avenue sion and any required further Sutton 5th Street LLC., owner, pro- * * * action. Motion so in order. Motioned poses to erect a three story single by Mr. Gallagher and seconded by family residence with an attached Docket A-62-19. Mr. Bradley. garage in a B1 Two-Family. RE: Appeal of Brett Greer c/o Yeas: Messrs. Denk, Gallagher, Richard M. Conte, Owner of the A-3 Bradley, Maschke Nays: None Calendar No. 19-91: 1023 Starkweath- Assembly-Recreation or Religious Absent: Mr. Saab er Avenue Facilities Two Story Masonry Sutton 5th Street LLC., owner, pro- Walls/Wood Floors Property, locat- * * * poses to erect a three story single ed on the premises known as 12707 family residence with an attached Kinsman Road appeals from a Docket A-66-19. garage in a B1 Two-Family. NOTICE OF VIOLATION — 30 DAY RE: Appeal of Maurice Hamil- CONDEMNATION MAIN STRUC- ton/Maurice Grays, Owner of the Secretary TURE, dated June 7, 2006 of the MXD Mixed Uses-Multiple uses in 958 June 5, 2019 The City Record 53 one building Two Story Frame Prop- and Half Story Masonry Property, Yeas: Messrs. Denk, Gallagher, erty, located on the premises known located on the premises known as Bradley, Maschke. Nays: None. as 16634 Miles Avenue appeals from 4408 West 10th Street appeals from Absent: Mr. Saab. a NOTICE OF VIOLATION — CON- a NOTICE OF VIOLATION — DEMNATION MAIN STRUCTURE, EXTERIOR MAINTENANCE, dated * * * dated February 26, 2019 of the Direc- February 6, 2019 of the Director of tor of the Department of Building the Department of Building and Docket A-61-19. and Housing, requiring compliance Housing, requiring compliance with RE: Appeal of James R. Williams, with the Codified Ordinances of the the Codified Ordinances of the City Owner of the One Dwelling Unit Sin- City of Cleveland and the Ohio of Cleveland and the Ohio Building gle-Family Residence Two and Half Code (OBC). Building Code (OBC). Story Frame Property, located on the BE IT RESOLVED, a motion is in BE IT RESOLVED, a motion is in premises known as 574 East 109th order at this time to GRANT the order at this time to GRANT the Street appeals from a NOTICE OF Appellant until October 1, 2019 to Appellant until June 15, 2019 to abate all violations of the property; VIOLATION — INTERIOR/EXTERI- submit rehab plans to the Depart- OR MAINTENANCE, dated March 11, ment of Building and Housing and the property is REMANDED to the 2019 of the Director of the Depart- until March 1, 2020 to complete Department of Building & Housing abatement of all violations of the for supervision and any required ment of Building and Housing, property; the property is REMAND- further action. Motion so in order. requiring compliance with the Codi- ED to the Department of Building & Motioned by Mr. Bradley and sec- fied Ordinances of the City of Cleve- Housing for supervision and any onded by Mr. Gallagher. land and the Ohio Building Code required further action. Motion so in Yeas: Messrs. Denk, Gallagher, (OBC). order. Motioned by Mr. Gallagher Bradley, Maschke. Nays: None. BE IT RESOLVED, a motion is in and seconded by Mr. Bradley. Absent: Mr. Saab. order at this time to GRANT the Yeas: Messrs. Denk, Gallagher, Appellant until September 1, 2019 to Bradley, Maschke. Nays: None. * * * complete abatement all violations of Absent: Mr. Saab. the property; the property is Docket A-42-19. REMANDED to the Department of * * * RE: Appeal of Kenneth K. Sapp, Building & Housing for supervision Owner of the Two Dwelling Units and any required further action. Docket A-118-19. Two-family Residence Two and Half Motion so in order. Motioned by Mr. RE: Appeal of Story Wood Frame/Siding/Masonry Gallagher and seconded by Mr. Inc., Owner appeals from ADJUDI- Veneer Property, located on the Maschke. CATION ORDER B19003189-1 of OBC Yeas: Messrs. Denk, Gallagher, 2902.2: Separate Toilet Facilities, premises known as 2276 West 73rd Bradley, Maschke. Nays: None. located on the premises known as Street appeals from a NOTICE OF Absent: Mr. Saab. 11508 Mayfield Road, dated May 2, VIOLATION — VACATE dated Feb- 2019 of the Director of the Depart- ruary 8, 2019 of the Director of the ment of Building and Housing, Department of Building and Housing, * * * requiring compliance with the Codi- requiring compliance with the Codi- fied Ordinances of the City of Cleve- fied Ordinances of the City of Cleve- EXTENSION OF TIME land and the Ohio Building Code land and the Ohio Building Code (OBC). (OBC). Docket A-63-19. BE IT RESOLVED, a motion is in BE IT RESOLVED, a motion is in RE: Appeal of Jimmy J. Christian order at this time to GRANT the order at this time to FIND the Jr., Owner of the One Dwelling Unit Appellant request for variance to Appellants Mr. Kenneth K. Sapp and Single-Family Residence Two and allow a single restroom in the facil- Ms. Coletta J. Emrich htta Colleta J. Half Story Frame Property, located ity; the property is REMANDED to Dmrich both unmarried are not the on the premises known as 3735 Sey- the Department of Building & Hous- responsible parties in the citation mour Avenue appeals from a ing for supervision and any required and that a new inspection should be NOTICE OF VIOLATION — EXTE- further action. Motion so in order. done by the Department of Building RIOR MAINTENANCE, dated May Motioned by Mr. Gallagher and sec- and Housing and the new owner 11, 2018 of the Director of the onded by Mr. Bradley. shall be cited accordingly; the prop- Department of Building and Hous- Yeas: Messrs. Denk, Gallagher, erty is REMANDED to the Depart- ing, requiring compliance with the Bradley, Maschke. Nays: None. Codified Ordinances of the City of Absent: Mr. Saab. ment of Building & Housing for supervision and any required fur- Cleveland and the Ohio Building Code (OBC). * * * ther action. Motion so in order. Motioned by Mr. Bradley and sec- BE IT RESOLVED, a motion is in order at this time to GRANT the Docket A-308-18. onded by Mr. Gallagher. RE: Appeal Kirk Hafner, Owner Yeas: Messrs. Denk, Gallagher, Appellant until September 1, 2019 to of the One Dwelling Unit Single- Bradley, Maschke. Nays: None. complete abatement all violations of Family Residence Two Story Frame Absent: Mr. Saab. the property; the property is Property, located on the premises REMANDED to the Department of known as 3823 West 130th Street * * * Building & Housing for supervision appeals from a NOTICE OF VIOLA- and any required further action. TION — EXTERIOR MAINTE- Docket A-59-19. Motion so in order. Motioned by Mr. NANCE, dated November 15, 2018 of RE: Appeal of James Williams, Bradley and seconded by Mr. Gal- the Director of the Department of Owner of the One Dwelling Unit Sin- lagher. Building and Housing, requiring gle-Family Residence Two Story Yeas: Messrs. Denk, Gallagher, compliance with the Codified Ordi- Frame Property, located on the Bradley, Maschke. Nays: None. nances of the City of Cleveland and premises known as 12329 Ingomar Absent: Mr. Saab. the Ohio Building Code (OBC). Avenue appeals from a NOTICE OF BE IT RESOLVED, a motion is in VIOLATION — CONDEMNATION- * * * order at this time to GRANT the MAIN STRUCTURE, dated March 12, Appellant until June 15, 2019 to 2019 of the Director of the Depart- AMENDED RESOLUTION obtain the required permit; the prop- ment of Building and Housing, erty is REMANDED to the Depart- Docket A-57-19. ment of Building & Housing for requiring compliance with the Codi- Nadir Hassan — 15819 Trafalgar supervision and any required fur- fied Ordinances of the City of Cleve- Avenue: ther action. Motion so in order. land and the Ohio Building Code Motioned by Mr. Gallagher and sec- (OBC). onded by Mr. Maschke. BE IT RESOLVED, a motion is in FROM: … a motion is in order at Yeas: Messrs. Denk, Gallagher, order at this time to GRANT the this time to DENY the Appellant Bradley, Maschke. Nays: None. Appellant until September 1, 2019 to request for additional time and Absent: Mr. Saab. complete abatement all violations of UPHOLD the violation notice was the property; the property is properly issued based upon testimo- * * * REMANDED to the Department of ny and present circumstances; the Building & Housing for supervision Appellant Representative is to Docket A-36-19. and any required further action. return on May 29, 2019 with Power RE: Appeal of Batroun Properties Motion so in order. Motioned by Mr. of Attorney and a proposal to abate LLC, Owner of the One Dwelling Bradley and seconded by Mr. all violations; the property is Unit Single-Family Residence One Maschke. REMANDED … 959 54 The City Record June 5, 2019

TO: …to a motion is in order to NOTICE OF PUBLIC HEARING Managment, Department of Public GRANT the Appellant until July 1, Works, as authorized by Section 2019 to obtain the required permits; 131.67 of the Codified Ordinances of the property is REMANDED to the Cleveland, Ohio, 1976. Department of Building & Housing NONE THERE WILL BE A NON- for supervision and any required MANDATORY PRE-BID MEETING, further action… WEDNESDAY, JUNE 12, 2019 AT CITY of CLEVELAND BIDS 2:00 P.M. DIVISION OF MOTOR Yeas: Messrs. Denk, Gallagher, VEHICLE MAINTENANCE, 4150 Bradley, Maschke. Nays: None. EAST 49TH STREET BUILDING 1, Absent: Mr. Saab. CLEVELAND, OHIO 44105, BASEMENT MEETING ROOM. * * * For All Departments NOTE: BID MUST BE DELIVERED AT THE OFFICE OF THE APPROVAL OF RESOLUTIONS Sealed bids will be received at the COMMISSIONER OF PURCHASES office of the Commissioner of Pur- AND SUPPLIES, CLEVELAND Separate motions were entered by chases and Supplies, Room 128, City CITY HALL, 601 LAKESIDE Mr. Gallagher and seconded by Mr. Hall, in accordance with the append- AVENUE, ROOM 128, CLEVELAND, Maschke for Approval and Adoption ed schedule, and will be opened and of the Resolutions as presented by OHIO 44114 BEFORE 12 O’CLOCK read in Room 128, City Hall, imme- the Secretary for the following NOON (EASTERN TIME). Dockets respectively, subject to the diately thereafter. Each bid must be made in accor- Codified Ordinances of the City of File No. 68-19 — Capital Maintenance dance with the specifications and Cleveland and the Ohio Building and Repair of City Facilities must be submitted on the blanks Code (OBC): Carpentry, for the Division of supplied for the purpose, all of Property Managment, Department which may be obtained at the office A-306-18 — Jeffery Weaver of Public Works, as authorized by A-7-19 — George Polansky of the said Commissioner of Pur- Section 131.67 of the Codified A-48-19 — Isreal Spain chases and Supplies, but no bid will Ordinances of Cleveland, Ohio, 1976. A-49-19 — Margaret Gregory be considered unless delivered to THERE WILL BE A NON- A-51-19 — Lorraine Abston the office of the said commissioner MANDATORY PRE-BID MEETING, A-52-19 — Rayford Wells previous to 12:00 noon (Eastern WEDNESDAY, JUNE 12, 2019 AT A-53-19 — Tyrone M. Daniels Standard Time) on the date speci- A-56-19 — Rita W. Hart c/o Paul 2:30 P.M. DIVISION OF MOTOR fied in the schedule. VEHICLE MAINTENANCE, 4150 Hart 187.10 Negotiated contracts; Notice A-57-19 — Nadir Hassan (Amended) EAST 49TH STREET BUILDING 1, required in Advertisement for Bids. CLEVELAND, OHIO 44105, Where invitations for bids are Yeas: Messrs. Denk, Gallagher, BASEMENT MEETING ROOM. Bradley, Maschke. Nays: None. advertised, the following notice NOTE: BID MUST BE DELIVERED Absent: Mr. Saab. shall be included in the advertise- AT THE OFFICE OF THE ment: “Pursuant to the MBE/FBE COMMISSIONER OF PURCHASES * * * Code, each prime bidder, each minor- AND SUPPLIES, CLEVELAND ity business enterprise (“MBE”) and CITY HALL, 601 LAKESIDE APPROVAL OF MINUTES each female business enterprise AVENUE, ROOM 128, CLEVELAND, (“FBE”) must be certified before OHIO 44114 BEFORE 12 O’CLOCK Separate motions were entered by doing business with the City. There- NOON (EASTERN TIME). Mr. Maschke and seconded by Mr. fore, any prime contractor wishing Gallagher for Approval and Adop- to receive credit for using an MBE File No. 69-19 — Capital Maintenance tion of the Minutes as presented by or FBE should ensure that applica- and Labor and Material for the Secretary, subject to the Codi- tions for certification as to MBE or Janitorial Services and Specialized fied Ordinances of the City of Cleve- FBE status compliance with the Cleaning and Sanitizing at Various land and the Ohio Building Code Code, affirmative action in employ- City Facilities, for the Division of (OBC): ment and, if applicable, joint ven- Property Managment, Department ture status, are submitted to the of Public Works, as authorized by May 15, 2019 of fice of Equal Opportunity (“OEO”) Section 131.67 of the Codified prior to the date of bid opening or Ordinances of Cleveland, Ohio, 1976. Yeas: Messrs. Denk, Gallagher, submission of proposals or as speci - THERE WILL BE A NON- Bradley, Maschke. Nays: None. fied by the Director. Failure to com- Absent: Mr. Saab. MANDATORY PRE-BID MEETING, ply with the business enterprise WEDNESDAY, JUNE 12, 2019 AT code or with representations made 10:00 A.M. DIVISION OF MOTOR * * * on these forms may result in can- VEHICLE MAINTENANCE, 4150 cellation of the contract or other EAST 49TH STREET BUILDING 1, JOSEPH F. DENK civil or criminal penalties.” CLEVELAND, OHIO 44105, Chairman BASEMENT MEETING ROOM. WEDNESDAY, JUNE 19, 2019 NOTE: BID MUST BE DELIVERED PUBLIC NOTICE AT THE OFFICE OF THE File No. 66-19 — Capital Maintenance COMMISSIONER OF PURCHASES and Repair of City Facilities AND SUPPLIES, CLEVELAND NOTICE OF PUBLIC MEETING Plumbing, for the Division of CITY HALL, 601 LAKESIDE OF THE CITY RECORDS Property Managment, Department AVENUE, ROOM 128, CLEVELAND, COMMISSION OF THE of Public Works, as authorized by OHIO 44114 BEFORE 12 O’CLOCK CITY OF CLEVELAND Section 131.67 of the Codified NOON (EASTERN TIME). Ordinances of Cleveland, Ohio, 1976. Notice is hereby given, in accor- THERE WILL BE A NON- dance with Ohio Revised Code Sec- MANDATORY PRE-BID MEETING, May 29, 2019 and June 5, 2019 tion 121.22(F) and Cleveland WEDNESDAY, JUNE 12, 2019 AT Codified Ordinances Section 11:30 A.M. DIVISION OF MOTOR THURSDAY, JUNE 20, 2019 167.01(a), that the City Records VEHICLE MAINTENANCE, 4150 Commission of the City of Cleveland EAST 49TH STREET BUILDING 1, File No. 65-19 — Capital Maintenance will hold a public meeting on Tues- CLEVELAND, OHIO 44105, and Repairs of City Facilities day, June 11, 2019, at 9:30 a.m., in BASEMENT MEETING ROOM. Roofing, for the Division of the City Council Committee Room NOTE: BID MUST BE DELIVERED Property Managment, Department located at Room 217 on the Second AT THE OFFICE OF THE of Public Works, as authorized by Floor of , 601 COMMISSIONER OF PURCHASES Section 131.67 of the Codified Lakeside Avenue, Cleveland, Ohio, AND SUPPLIES, CLEVELAND Ordinances of Cleveland, Ohio, 1976. for the purpose of reviewing pro- CITY HALL, 601 LAKESIDE THERE WILL BE A NON- posed records retention schedules, AVENUE, ROOM 128, CLEVELAND, requests for one-time disposal of MANDATORY PRE-BID MEETING, records and any other business with OHIO 44114 BEFORE 12 O’CLOCK WEDNESDAY, JUNE 12, 2019 AT respect to records retention and dis- NOON (EASTERN TIME). 10:30 A.M. DIVISION OF MOTOR posal requests and questions. VEHICLE MAINTENANCE, 4150 File No. 67-19 — Capital Maintenance EAST 49TH STREET BUILDING 1, and Repair of City Facilities HVAC, CLEVELAND, OHIO 44105, May 22, 2019, May 29, 2019 and June 5, 2019 for the Division of Property BASEMENT MEETING ROOM. 960 June 5, 2019 The City Record 55

NOTE: BID MUST BE DELIVERED Development, Office of Capital AND SUPPLIES, CLEVELAND AT THE OFFICE OF THE Projects, as authorized by CITY HALL, 601 LAKESIDE COMMISSIONER OF PURCHASES Ordinance No. 734-14, passed by the AVENUE, ROOM 128, CLEVELAND, AND SUPPLIES, CLEVELAND Council of the City of Cleveland, OHIO 44114 BEFORE 12 O’CLOCK CITY HALL, 601 LAKESIDE June 9, 2014. NOON (EASTERN TIME). AVENUE, ROOM 128, CLEVELAND, THERE WILL BE A NON-REFUND- OHIO 44114 BEFORE 12 O’CLOCK ABLE FEE FOR PLANS AND File No. 64-19 — Work Boat (Re-Bid), NOON (EASTERN TIME). SPECIFICATIONS IN THE for the Division of Water, AMOUNT OF FIFTY DOLLARS Department of Public Utilities, as ($50.00) ONLY IN THE FORM OF authorized by Ordinance No. 1365- May 29, 2019 and June 5, 2019 A CASHIER’S CHECK OR 18, passed by the Council of the City MONEY ORDER (NO COMPANY of Cleveland, November 26, 2018. FRIDAY, JUNE 21, 2019 CHECKS, NO CASH, AND NO THERE WILL BE A NON- CREDIT CARDS WILL BE MANDATORY PRE-BID MEETING, File No. 70-19 — Constructing and ACCEPTED TO PURCHASE THURSDAY, JUNE 6, 2019 AT 10:00 Installing Replacement Sewers and PLANS. ALL PLANS AND SPEC- A.M. CARL B. STOKES PUBLIC Repairing and Rehabilitation of IFICATIONS MUST BE PUR- UTILITIES BUILDING, 1201 Existing Sewers for the Division of CHASED DIRECTLY FROM LAKESIDE AVENUE, Water Pollution Control, THE DIVISION OF PURCHASES CLEVELAND, OHIO 44114, 2ND Department of Public Utilities, as AND SUPPLIES. BIDDERS MUST FLOOR ATRIUM CONFERENCE authorized by Ordinance No. 203-19, BE ON THE PLAN-HOLDERS ROOM. passed by the Council of the City of LIST TO SUBMIT A BID OR NOTE: BID MUST BE DELIVERED Cleveland, March 18, 2019. RECEIVE ANY ADDENDA.) AT THE OFFICE OF THE THERE WILL BE A NON-REFUND- OUT-OF-AREA BIDDERS MAY COMMISSIONER OF PURCHASES ABLE FEE FOR PLANS AND SEND THEIR NON-REFUND- AND SUPPLIES, CLEVELAND SPECIFICATIONS IN THE ABLE FEE FOR PLANS VIA CITY HALL, 601 LAKESIDE AMOUNT OF FIFTY DOLLARS FED EX DELIVERY TO: CITY AVENUE, ROOM 128, CLEVELAND, ($50.00) ONLY IN THE FORM OF OF CLEVELAND, DIVISION OF OHIO 44114 BEFORE 12 O’CLOCK A CASHIER’S CHECK OR PURCHASES AND SUPPLIES, NOON (EASTERN TIME). MONEY ORDER (NO COMPANY CLEVELAND CITY HALL, 601 CHECKS, NO CASH, AND NO LAKESIDE AVENUE ROOM 128, File No. 71-19 — 2019 C Water Main CREDIT CARDS WILL BE CLEVELAND, OHIO 44114. Renewal, for the Division of Water, ACCEPTED TO PURCHASE INCLUDE IN YOUR REQUEST Department of Public Utilities, as PLANS. ALL PLANS AND SPEC- YOUR COMPANY’S FED EX authorized by Ordinance No. 922-18, IFICATIONS MUST BE PUR- ACCOUNT NUMBER, FULL COM- passed by the Council of the City of CHASED DIRECTLY FROM PANY NAME AND ADDRESS, Cleveland, September 18, 2018. THE DIVISION OF PURCHASES COMPANY CONTACT/REPRE- THERE WILL BE A NON-REFUND- AND SUPPLIES. BIDDERS MUST SENTATIVE FULL NAME, CON- ABLE FEE FOR PLANS AND BE ON THE PLAN-HOLDERS TACT TELEPHONE NUMBER, SPECIFICATIONS IN THE LIST TO SUBMIT A BID OR FACSIMILE TELEPHONE NUM- AMOUNT OF TWENTY-FIVE RECEIVE ANY ADDENDA.) BER AND EMAIL ADDRESS. DOLLARS ($25.00) ONLY IN THE OUT-OF-AREA BIDDERS MAY THE FED EX DELIVERY FORM OF A CASHIER’S CHECK SEND THEIR NON-REFUND- CHARGES FOR THE PLANS OR MONEY ORDER (NO COM- ABLE FEE FOR PLANS VIA AND SPECIFICATIONS WILL PANY CHECKS, NO CASH, AND FED EX DELIVERY TO: CITY BE BILLED TO THE BIDDER’S NO CREDIT CARDS WILL BE OF CLEVELAND, DIVISION OF COMPANY FED EX ACCOUNT ACCEPTED TO PURCHASE PURCHASES AND SUPPLIES, NUMBER PROVIDED. PLANS. ALL PLANS AND SPEC- CLEVELAND CITY HALL, 601 THERE WILL BE A NON-MANDA- IFICATIONS MUST BE PUR- LAKESIDE AVENUE ROOM 128, TORY PRE-BID MEETING, CHASED DIRECTLY FROM CLEVELAND, OHIO 44114. THURSDAY, JUNE 6, 2019 AT THE DIVISION OF PURCHASES INCLUDE IN YOUR REQUEST 10:00 A.M. CLEVELAND CITY AND SUPPLIES. BIDDERS MUST YOUR COMPANY’S FED EX HALL, 601 LAKESIDE AVENUE, BE ON THE PLAN-HOLDERS ACCOUNT NUMBER, FULL COM- CLEVELAND, OHIO 44114, ROOM LIST TO SUBMIT A BID OR PANY NAME AND ADDRESS, 517A. RECEIVE ANY ADDENDA.) COMPANY CONTACT/REPRE- QUESTIONS REGARDING THE OUT-OF-AREA BIDDERS MAY SENTATIVE FULL NAME, CON- PURCHASE OF PLANS AND SEND THEIR NON-REFUND- TACT TELEPHONE NUMBER, SPECIFICATIONS CAN BE ABLE FEE FOR PLANS VIA FACSIMILE TELEPHONE NUM- DIRECTED TO ROYCE GRIFFIN FED EX DELIVERY TO: CITY BER AND EMAIL ADDRESS. AT (216) 664-2628. OF CLEVELAND, DIVISION OF THE FED EX DELIVERY NOTE: BID MUST BE DELIVERED PURCHASES AND SUPPLIES, CHARGES FOR THE PLANS AT THE OFFICE OF THE COM- CLEVELAND CITY HALL, 601 AND SPECIFICATIONS WILL MISSIONER OF PURCHASES LAKESIDE AVENUE ROOM 128, BE BILLED TO THE BIDDER’S AND SUPPLIES, CLEVE LAND CLEVELAND, OHIO 44114. COMPANY FED EX ACCOUNT CITY HALL, 601 LAKESIDE INCLUDE IN YOUR REQUEST NUMBER PROVIDED. AVENUE, ROOM 128, CLEVE- YOUR COMPANY’S FED EX THERE WILL BE A NON-MANDA- LAND, OHIO 44114 BEFORE 12 ACCOUNT NUMBER, FULL COM- TORY PRE-BID MEETING, O’CLOCK NOON (EASTERN PANY NAME AND ADDRESS, THURSDAY, JUNE 6, 2019 AT TIME). COMPANY CONTACT/REPRE- 9:30 A.M. DIVISION OF WATER SENTATIVE FULL NAME, CON- POLLUTION CONTROL, 12302 TACT TELEPHONE NUMBER, KIRBY AVENUE, CLEVELAND, May 29, 2019 and June 5, 2019 FACSIMILE TELEPHONE NUM- OHIO 44108, WPC CONFERENCE BER AND EMAIL ADDRESS. ROOM. FRIDAY, JUNE 28, 2019 THE FED EX DELIVERY QUESTIONS REGARDING THE CHARGES FOR THE PLANS PURCHASE OF PLANS AND File No. 63-19 — Lease of Four Plotters AND SPECIFICATIONS WILL SPECIFICATIONS CAN BE and Scanners, for the Division of BE BILLED TO THE BIDDER’S DIRECTED TO ROYCE GRIFFIN Cleveland Public Power, COMPANY FED EX ACCOUNT AT (216) 664-2628. Department of Public Utilities, as NUMBER PROVIDED. NOTE: BID MUST BE DELIVERED authorized by Section 181.101 of the THERE WILL BE A NON-MANDA- AT THE OFFICE OF THE COM- Codified Ordinances of Cleveland, TORY PRE-BID MEETING, MISSIONER OF PURCHASES Ohio, 1976. THURSDAY, JUNE 6, 2019 AT AND SUPPLIES, CLEVE LAND THERE WILL BE A NON- 2:30 P.M. CARL B. STOKES PUB- CITY HALL, 601 LAKESIDE MANDATORY PRE-BID MEETING, LIC UTILITIES BUILDING, 1201 AVENUE, ROOM 128, CLEVE- MONDAY, JUNE 10, 2019 AT 10:30 LAKESIDE AVENUE, CLEVE- LAND, OHIO 44114 BEFORE 12 A.M. CLEVELAND PUBLIC LAND, OHIO 44114, 2ND FLOOR O’CLOCK NOON (EASTERN POWER, 1300 LAKESIDE ATRIUM CONFERENCE ROOM. TIME). AVENUE, CLEVELAND, OHIO QUESTIONS REGARDING THE 44114, CENTENNIAL ROOM. PURCHASE OF PLANS AND File No. 72-19 — Roof Replacement NOTE: BID MUST BE DELIVERED SPECIFICATIONS CAN BE Project Fire Station 23 (Re-Bid), for AT THE OFFICE OF THE DIRECTED TO ROYCE GRIFFIN the Division of Architecture and Site COMMISSIONER OF PURCHASES AT (216) 664-2628. 961 56 The City Record June 5, 2019

NOTE: BID MUST BE DELIVERED File No. 75-19 — Purchase of New and THURSDAY, JUNE 13, 2019 AT 10:30 AT THE OFFICE OF THE COM- Rebuilt Motors and Related Repairs, A.M. JUSTICE CENTER, 1200 MISSIONER OF PURCHASES for the Division of Property ONTARIO STREET, CLEVELAND, AND SUPPLIES, CLEVE LAND Management, Department of Public OHIO 44113, LEVEL 2. CITY HALL, 601 LAKESIDE Works, as authorized by Section NOTE: BID MUST BE DELIVERED AVENUE, ROOM 128, CLEVE- 181.101 of the Codified Ordinances of AT THE OFFICE OF THE COM- LAND, OHIO 44114 BEFORE 12 Cleveland, Ohio, 1976. MISSIONER OF PURCHASES O’CLOCK NOON (EASTERN THERE WILL BE A NON- AND SUPPLIES, CLEVELAND TIME). MANDATORY PRE-BID MEETING, CITY HALL, 601 LAKESIDE WEDNESDAY, JUNE 19, 2019 AT AVENUE, ROOM 128, CLEVE- 2:00 P.M. DIVISION OF MOTOR May 29, 2019 and June 5, 2019 VEHICLE MAINTENANCE, 4150 LAND, OHIO 44114 BEFORE 12 EAST 49TH STREET BUILDING 1, O’CLOCK NOON (EASTERN THURSDAY, JUNE 27, 2019 CLEVELAND, OHIO 44105, TIME). BASEMENT MEETING ROOM. File No. 74-19 — HVAC/R Supplies, NOTE: BID MUST BE DELIVERED June 5, 2019 and June 12, 2019 Items, Materials and Parts, for the AT THE OFFICE OF THE COM- Division of Property Management, MISSIONER OF PURCHASES Department of Public Works, as AND SUPPLIES, CLEVELAND authorized by Section 181.101 of the CITY HALL, 601 LAKESIDE ADOPTED RESOLUTIONS Codified Ordinances of Cleveland, AVENUE, ROOM 128, CLEVE- Ohio, 1976. LAND, OHIO 44114 BEFORE 12 AND ORDINANCES THERE WILL BE A NON- O’CLOCK NOON (EASTERN MANDATORY PRE-BID MEETING, TIME). WEDNESDAY, JUNE 19, 2019 AT 2:30 P.M. DIVISION OF MOTOR NONE VEHICLE MAINTENANCE, 4150 June 5, 2019 and June 12, 2019 EAST 49TH STREET BUILDING 1, CLEVELAND, OHIO 44105, FRIDAY, JUNE 28, 2019 COUNCIL COMMITTEE BASEMENT MEETING ROOM. MEETINGS NOTE: BID MUST BE DELIVERED File No. 73-19 — Criminal and Civil AT THE OFFICE OF THE COM- Filing Supplies, for the Cleveland MISSIONER OF PURCHASES Municipal Clerk of Courts, Friday, May 31, 2019 AND SUPPLIES, CLEVELAND Department of Finance, as 9:00 a.m. CITY HALL, 601 LAKESIDE authorized by Section 181.101 of the AVENUE, ROOM 128, CLEVE- Codified Ordinances of Cleveland, Safety Committee: Present: Zone, LAND, OHIO 44114 BEFORE 12 Ohio, 1976. Chair; Polensek, Vice Chair; Griffin, O’CLOCK NOON (EASTERN THERE WILL BE A NON- B. Jones, J. Jones, Santana. Autho- TIME). MANDATORY PRE-BID MEETING, rized Absence: Kazy.

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

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938

Agreements

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 910 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 917 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 947 Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 947 962 June 5, 2019 The City Record 57

Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 945 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 920 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 921 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 940 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 941 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 949 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 946 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for The cost of the improvement. (O 632-2019) ...... 948

Appreciation

Appreciation Resolution for Marsha Dobrzynski. (R 773-2019) ...... 910

Bellaire-Puritas Development Corporation

Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 941

Board of Building Standards and Building Appeals

Benwood Avenue, 12312 (Ward 2) — Lorraine Abston, owner — appeal adopted on 5/29/19 (Doc. A-51-19) ...... 960 Buckingham Avenue, 12213 (Ward 6) — Rayford Wells, owner — appeal adopted on 5/29/19 (Doc. A-52-19) ...... 960 East 107th Street, 1890 (Ward 4) — Judson, Inc., owner — appeal resolved on 5/29/19 (Doc. A-58-19) ...... 958 East 109th Street, 574 (Ward 10) — James R. Williams, owner — appeal resolved on 5/29/19 (Doc. A-61-19) ...... 959 East 116th Street, 3223 (Ward 4) — Mark Campbell, owner — appeal resolved on 5/29/19 (Doc. A-60-19) ...... 958 East 55th Street, 3594 (Ward 12) — Isreal Spain, owner — appeal adopted on 5/29/19 (Doc. A-48-19) ...... 960 963 58 The City Record June 5, 2019

Flamingo Avenue, 17605 (Ward 17) — Rita W. Hart c/o Paul Hart, owner — appeal adopted on 5/29/19 (Doc. A-56-19)...... 960 Ingomar Avenue, 12329 (Ward 9) — James Williams, owner — appeal resolved on 5/29/19 (Doc. A-59-19) ...... 959 Kinsman Road, 12707 (Ward 3) — Brett Greer c/o Richard M. Conte, owner — appeal resolved on 5/29/19 (Doc. A-62-19)...... 958 Leroy Avenue, 13607 (Ward 16) — Jeffrey Weaver, owner — appeal adopted on 5/29/19 (Doc. A-306-18) ...... 960 Madison Avenue, 10511 (Ward 15) — Victor Keshishian, owner — appeal resolved on 5/29/19 (Doc. A-64-19) ...... 958 Mayfield Road, 11508 (Ward 6) — University Circle Inc., owner — appeal resolved on 5/29/19 (Doc. A-118-19) ...... 959 Memphis Avenue, 4421-4425 (Ward 13) — George Polansky, owner — appeal adopted on 5/29/19 (Doc. A-7-19) ...... 960 Miles Avenue, 16626 (Ward 1) — Maurice Hamilton/Maurice Grays, owner — appeal resolved on 5/29/19 (Doc. A-65-19)...... 958 Miles Avenue, 16634 (Ward 1) — Maurice Hamilton/Maurice Grays, owner — appeal resolved on 5/29/19 (Doc. A-66-19)...... 958 Revere Avenue, 12230 (Ward 2) — Margaret Gregory, owner — appeal adopted on 5/29/19 (Doc. A-49-19) ...... 960 Seymour Avenue, 3735 (Ward 3) — Jimmy J. Christian Jr., owner — extension of time granted on 5/29/19 (Doc. A-63-19) ...... 959 Trafalgar Avenue, 15819 (Ward 8) — Nadir Hassan, owner — appeal amended and adopted on 5/29/19 (Doc. A-57-19) ...... 959 West 10th Street, 4408 (Ward 12) — Batroun Properties LLC, owner — appeal resolved on 5/29/19 (Doc. A-36-19) ...... 959 West 130th Street, 3823 (Ward 16) — Kirk Hafner, owner — appeal resolved on 5/29/19 (Doc. A-308-18) ...... 959 West 48th Street, 1845 (Ward 3) — Tyrone M. Daniels, owner — appeal adopted on 5/29/19 (Doc. A-53-19) ...... 960 West 73rd Street, 2276 (Ward 15) — Kenneth K. Sapp, owner — appeal resolved on 5/29/19 (Doc. A-42-19) ...... 959

Board of Control — Capital Projects Office

City Hall Water Damage Repairs — per Ord. 513-19 to Millstone Management Group (BOC Res. 226-19) ...... 952 Material Testing, Geotechnical, Environmental and General Engineering services — approve subcontractor — Contract #PS2017*163 per BOC Res. 303-17 — Division of Engineering and Construction (BOC Res. 224-19) ...... 951 Material Testing, Geotechnical, Environmental and General Engineering services — rescind BOC Res. 63-19 (BOC Res. 225-19) ...... 952

Board of Control — Cleveland Public Power Division

Bucket and Derrick truck inspection, testing and repair labor and materials — per Ord. 1178-18 — all bids rejected — Dept. of Public Utilities (BOC Res. 222-19) ...... 951 Insurance brokerage services — per Ord. 1186-18 to Marsh Wortham, a division of Marsh USA, Inc. — Depts. of Law, Public Utilities (BOC Res. 218-19) ...... 951 Substation equipment including Switchgear, Circuit Breakers, Batteries and Fiber Optic Splicing — approve subcontractor — Contract #RC2016-53 per BOC Res. 94-16 — Dept. of Public Utilities (BOC Res. 219-19) ...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Electric Research & Manufacturing Cooperative, Inc. dba ERMCO — Dept. of Public Utilities (BOC Res. 220-19) ...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Power Line Supply Company — Dept. of Public Utilities (BOC Res. 221-19) ...... 951

Board of Control — Community Development Department

Anderson Avenue, 10007 (Ward 6) — PPN 135-03-087 — Deletha Twitty (BOC Res. 239-19) ...... 955 East 117th Street, 3414 (Ward 2) — PPN 130-20-140 — Twilla M. Hughley (BOC Res. 236-19) ...... 954 East 119th Street, 2926 (Ward 4) — PPN 129-18-023 — Tamica M. Fulford (BOC Res. 241-19) ...... 955 East 128th Street, 3393 (Ward 4) — PPN 130-08-016 — Eric Dale Middlebrooks (BOC Res. 234-19) ...... 954 East 138th Street, 3662 (Ward 4) — PPN 137-12-040 — Rosie Bailey (BOC Res. 237-19) ...... 954 East 65th Street, 2970 (Ward 5) — PPN 125-03-016 — lease — Another Chance of Ohio, LLC (BOC Res. 243-19) ...... 956 East 65th Street, 3001 (Ward 5) — PPN 125-12-004 — Theodore U. and Goodness Iheoma Ezirim (BOC Res. 238-19) ...... 955 East 85th Street (Ward 7) — PPN 106-22-054 — Shirley J. Johnson (BOC Res. 233-19) ...... 953 East 85th Street (Ward 7) — PPNs 119-04-093/094/095 — Hough at Home, LLC (BOC Res. 240-19) ...... 955 East 85th Street, 1559 (Ward 7) — PPN 106-22-057 — Delorean Sims (BOC Res. 242-19) ...... 956 Gallup Avenue (Ward 5) — PPN 123-19-056 — Ada Robinson (BOC Res. 230-19) ...... 952 Lardet Avenue, 11128 (Ward 4) — PPN 128-24-036 — Ida A. Witherspoon (BOC Res. 235-19)...... 954 Melrose Avenue, 7720 (Ward 7) — PPN 106-21-071 — Yalita McCoy (BOC Res. 231-19) ...... 953 West 54th Street, 3152 (Ward 3) — PPN 016-11-137 — Richard Monda (BOC Res. 232-19) ...... 953 964 June 5, 2019 The City Record 59

Board of Control — Engineering and Construction Division

Material Testing, Geotechnical, Environmental and General Engineering services — approve subcontractor — Contract #PS2017*163 per BOC Res. 303-17 — Office of Capital Projects (BOC Res. 224-19) ...... 951

Board of Control — Finance Department

ACT/SAT preparation program — amend BOC Res. 161-19 — Dept. of Law (BOC Res. 217-19) ...... 950

Board of Control — Land Reutilization Program

Anderson Avenue, 10007 (Ward 6) — PPN 135-03-087 — Deletha Twitty (BOC Res. 239-19) ...... 955 East 117th Street, 3414 (Ward 2) — PPN 130-20-140 — Twilla M. Hughley (BOC Res. 236-19) ...... 954 East 119th Street, 2926 (Ward 4) — PPN 129-18-023 — Tamica M. Fulford (BOC Res. 241-19) ...... 955 East 128th Street, 3393 (Ward 4) — PPN 130-08-016 — Eric Dale Middlebrooks (BOC Res. 234-19) ...... 954 East 138th Street, 3662 (Ward 4) — PPN 137-12-040 — Rosie Bailey (BOC Res. 237-19) ...... 954 East 65th Street, 2970 (Ward 5) — PPN 125-03-016 — lease — Another Chance of Ohio, LLC (BOC Res. 243-19) ...... 956 East 65th Street, 3001 (Ward 5) — PPN 125-12-004 — Theodore U. and Goodness Iheoma Ezirim (BOC Res. 238-19) ...... 955 East 85th Street (Ward 7) — PPN 106-22-054 — Shirley J. Johnson (BOC Res. 233-19) ...... 953 East 85th Street (Ward 7) — PPNs 119-04-093/094/095 — Hough at Home, LLC (BOC Res. 240-19) ...... 955 East 85th Street, 1559 (Ward 7) — PPN 106-22-057 — Delorean Sims (BOC Res. 242-19) ...... 956 Gallup Avenue (Ward 5) — PPN 123-19-056 — Ada Robinson (BOC Res. 230-19) ...... 952 Lardet Avenue, 11128 (Ward 4) — PPN 128-24-036 — Ida A. Witherspoon (BOC Res. 235-19)...... 954 Melrose Avenue, 7720 (Ward 7) — PPN 106-21-071 — Yalita McCoy (BOC Res. 231-19) ...... 953 West 54th Street, 3152 (Ward 3) — PPN 016-11-137 — Richard Monda (BOC Res. 232-19) ...... 953

Board of Control — Land Reutilization Program (Ward 2)

East 117th Street, 3414 (Ward 2) — PPN 130-20-140 — Twilla M. Hughley (BOC Res. 236-19) ...... 954

Board of Control — Land Reutilization Program (Ward 3)

West 54th Street, 3152 (Ward 3) — PPN 016-11-137 — Richard Monda (BOC Res. 232-19) ...... 953

Board of Control — Land Reutilization Program (Ward 4)

East 119th Street, 2926 (Ward 4) — PPN 129-18-023 — Tamica M. Fulford (BOC Res. 241-19) ...... 955 East 128th Street, 3393 (Ward 4) — PPN 130-08-016 — Eric Dale Middlebrooks (BOC Res. 234-19) ...... 954 East 138th Street, 3662 (Ward 4) — PPN 137-12-040 — Rosie Bailey (BOC Res. 237-19) ...... 954 Lardet Avenue, 11128 (Ward 4) — PPN 128-24-036 — Ida A. Witherspoon (BOC Res. 235-19)...... 954

Board of Control — Land Reutilization Program (Ward 5)

East 65th Street, 2970 (Ward 5) — PPN 125-03-016 — lease — Another Chance of Ohio, LLC (BOC Res. 243-19) ...... 956 East 65th Street, 3001 (Ward 5) — PPN 125-12-004 — Theodore U. and Goodness Iheoma Ezirim (BOC Res. 238-19) ...... 955 Gallup Avenue (Ward 5) — PPN 123-19-056 — Ada Robinson (BOC Res. 230-19) ...... 952

Board of Control — Land Reutilization Program (Ward 6)

Anderson Avenue, 10007 (Ward 6) — PPN 135-03-087 — Deletha Twitty (BOC Res. 239-19) ...... 955

Board of Control — Land Reutilization Program (Ward 7)

East 85th Street (Ward 7) — PPN 106-22-054 — Shirley J. Johnson (BOC Res. 233-19) ...... 953 East 85th Street (Ward 7) — PPNs 119-04-093/094/095 — Hough at Home, LLC (BOC Res. 240-19) ...... 955 East 85th Street, 1559 (Ward 7) — PPN 106-22-057 — Delorean Sims (BOC Res. 242-19) ...... 956 Melrose Avenue, 7720 (Ward 7) — PPN 106-21-071 — Yalita McCoy (BOC Res. 231-19) ...... 953

Board of Control — Law Department

ACT/SAT preparation program — amend BOC Res. 161-19 — Dept. of Finance (BOC Res. 217-19) ...... 950 Insurance brokerage services — per Ord. 1186-18 to Marsh Wortham, a division of Marsh USA, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 218-19) ...... 951

Board of Control — Professional Service Contracts

ACT/SAT preparation program — amend BOC Res. 161-19 — Depts. of Finance, Law (BOC Res. 217-19) ...... 950 965 60 The City Record June 5, 2019

Insurance brokerage services — per Ord. 1186-18 to Marsh Wortham, a division of Marsh USA, Inc. — Division of Cleveland Public Power, Depts. of Law, Public Utilities (BOC Res. 218-19) ...... 951 Material Testing, Geotechnical, Environmental and General Engineering services — approve subcontractor — Contract #PS2017*163 per BOC Res. 303-17 — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 224-19) ...... 951 Material Testing, Geotechnical, Environmental and General Engineering services — rescind BOC Res. 63-19 — Office of Capital Projects (BOC Res. 225-19) ...... 952

Board of Control — Public Improvement Contracts

City Hall Water Damage Repairs — per Ord. 513-19 to Millstone Management Group — Office of Capital Projects (BOC Res. 226-19)...... 952 Grinding City Streets — per Ord. 1364-18 to The Shelly Company — Division of Streets, Dept. of Public Works (BOC Res. 227-19) ...... 952

Board of Control — Public Utilities Department

Bucket and Derrick truck inspection, testing and repair labor and materials — per Ord. 1178-18 — all bids rejected — Division of Cleveland Public Power (BOC Res. 222-19) ...... 951 Fence installation, maintenance and repair — per Ord. 1179-18 — all bids rejected (BOC Res. 223-19) ...... 951 Insurance brokerage services — per Ord. 1186-18 to Marsh Wortham, a division of Marsh USA, Inc. — Division of Cleveland Public Power, Dept. of Law (BOC Res. 218-19)...... 951 Substation equipment including Switchgear, Circuit Breakers, Batteries and Fiber Optic Splicing — approve subcontractor — Contract #RC2016-53 per BOC Res. 94-16 — Division of Cleveland Public Power (BOC Res. 219-19)...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Electric Research & Manufacturing Cooperative, Inc. dba ERMCO — Division of Cleveland Public Power (BOC Res. 220-19) ...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Power Line Supply Company — Division of Cleveland Public Power (BOC Res. 221-19) ...... 951

Board of Control — Public Works Department

Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1241-18 to Gordon Food Service, Inc. — Division of Recreation (BOC Res. 228-19) ...... 952 Grinding City Streets — per Ord. 1364-18 to The Shelly Company — Division of Streets (BOC Res. 227-19) ...... 952 Unitized breakfasts and lunches for 2019 Summer Food Program — per Ord. 1241-18 to Tom Paige Catering Company DBA, Paige Food Services — Division of Recreation (BOC Res. 229-19) ...... 952

Board of Control — Recreation Division

Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1241-18 to Gordon Food Service, Inc. — Dept. of Public Works (BOC Res. 228-19) ...... 952 Unitized breakfasts and lunches for 2019 Summer Food Program — per Ord. 1241-18 to Tom Paige Catering Company DBA, Paige Food Services — Dept. of Public Works (BOC Res. 229-19) ...... 952

Board of Control — Requirement Contracts

Food, food products, beverages, condiments and paper products for Camp Forbes — per Ord. 1241-18 to Gordon Food Service, Inc. — Division of Recreation, Dept. of Public Works (BOC Res. 228-19) ...... 952 Grinding City Streets — per Ord. 1364-18 to The Shelly Company — Division of Streets, Dept. of Public Works (BOC Res. 227-19) ...... 952 Substation equipment including Switchgear, Circuit Breakers, Batteries and Fiber Optic Splicing — approve subcontractor — Contract #RC2016-53 per BOC Res. 94-16 — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 219-19) ...... 951 Unitized breakfasts and lunches for 2019 Summer Food Program — per Ord. 1241-18 to Tom Paige Catering Company DBA, Paige Food Services — Division of Recreation, Dept. of Public Works (BOC Res. 229-19) ...... 952

Board of Control — Standard Purchase Contracts

Bucket and Derrick truck inspection, testing and repair labor and materials — per Ord. 1178-18 — all bids rejected — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 222-19) ...... 951 Fence installation, maintenance and repair — per Ord. 1179-18 — all bids rejected — Dept. of Public Utilities (BOC Res. 223-19) ...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Electric Research & Manufacturing Cooperative, Inc. dba ERMCO — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 220-19) ...... 951 Transformers and Accessories — per C.O. Sec. 129.26 to Power Line Supply Company — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 221-19) ...... 951 966 June 5, 2019 The City Record 61

Board of Control — Streets Division

Grinding City Streets — per Ord. 1364-18 to The Shelly Company — Dept. of Public Works (BOC Res. 227-19) ...... 952

Board of Zoning Appeals — Report

Brainard Avenue, 1814 (Ward 14) — B.R. Knez, owner — appeal heard on 6/3/19 (Cal. 19-78)...... 957 Brainard Avenue, 1830 (Ward 14) — B.R. Knez, owner — appeal heard on 6/3/19 (Cal. 19-79)...... 957 East 122nd Street, 1523 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/3/19 (Cal. 19-80) ...... 958 East 123rd Street, 1510 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/3/19 (Cal. 19-81) ...... 958 East 123rd Street, 1514 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/3/19 (Cal. 19-82) ...... 958 East 123rd Street, 1518 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/3/19 (Cal. 19-83) ...... 958 East 85th Street, 1850 (Ward 7) — Hough at Home LLC, owner — appeal heard on 6/3/19 (Cal. 19-100) ...... 957 East 85th Street, 1856 (Ward 7) — Hough at Home LLC, owner — appeal heard on 6/3/19 (Cal. 19-101) ...... 957 East 93rd Street, 3807 (Ward 2) — Andrico Marshall, owner — appeal postponed to 7/8/19 on 6/3/19 (Cal. 19-93) ...... 958 Erieside Avenue, 601 (Ward 3) — City of Cleveland, owner, and Great Lakes Science Center, lessee — appeal granted and adopted on 6/3/19 (Cal. 19-86) ...... 958 Lansing Avenue, 6615 (Ward 12) — Dwayne Bailey, owner — appeal withdrawn on 6/3/19 (Cal. 19-92)...... 957 Larchmere Boulevard, 12635 (Ward 6) — Kirt Montlack LTD., owner — appeal withdrawn on 6/3/19 (Cal. 19-87)...... 957 Lorain Avenue, 5010 (Ward 15) — MUNU Properties, owner — appeal heard on 6/3/19 (Cal. 19-94)...... 957 Starkweather Avenue, 1017 (Ward 3) — Sutton 5th Street LLC, owner — appeal granted and adopted on 6/3/19 (Cal. 19-88) ...... 958 Starkweather Avenue, 1019 (Ward 3) — Sutton 5th Street LLC, owner — appeal granted and adopted on 6/3/19 (Cal. 19-89) ...... 958 Starkweather Avenue, 1021 (Ward 3) — Sutton 5th Street LLC, owner — appeal granted and adopted on 6/3/19 (Cal. 19-90) ...... 958 Starkweather Avenue, 1023 (Ward 3) — Sutton 5th Street LLC, owner — appeal granted and adopted on 6/3/19 (Cal. 19-91) ...... 958 Wade Park Avenue, 12027 (Ward 9) — B.R. Knez, owner — appeal heard on 6/3/19 (Cal. 19-84)...... 957 Wade Park Avenue, 12101 (Ward 9) — B.R. Knez, owner — appeal heard on 6/3/19 (Cal. 19-85)...... 957

Board of Zoning Appeals — Schedule

Buckeye Road, 11801 (Ward 6) — Providence House, owner — appeal to be heard on 6/17/19 (Cal. 19-106) ...... 957 Euclid Avenue, 16601 (Ward 10) — Ahmad Sliman, owner — appeal to be heard on 6/17/19 (Cal. 19-127)...... 957 Fulton Road, 2048 (Ward 3) — Paul Gallo, LLC, owner — appeal to be heard on 6/17/19 (Cal. 19-108) ...... 957 Jennings Road, 3571 and 1010 Dennison Avenue (Ward 12) — Chemical Solvents, Inc., Pavlish Real Estate Holding Company and Jerry Schill (collectively “Appellants”) — appeal to be heard on 6/17/19 (Cal. 19-56) ...... 956 Stones Boulevard, 11203 (Ward 6) — Cleveland Clinic, owner — appeal to be heard on 6/17/19 (Cal. 19-95)...... 956 West 50th Street, 1849 (Ward 3) — David Haders, owner — appeal to be heard on 6/17/19 (Cal. 19-110) ...... 957

Bridges

Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the ; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 948

Building and Housing Department

To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 927 967 62 The City Record June 5, 2019

Burke Lakefront Airport

Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 947

Capital Projects

Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 910 Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 945 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located near the northwest corner of Starkweather Avenue and West 15th Street to Larry Zukerman for purposes of redevelopment. (O 667-2019) ...... 949 Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 947 Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 910 Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 949 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 912 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 946 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 913 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 943 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 948 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 950 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 950 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 950 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018 (R 704-2019) ...... 935 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 950 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 948 968 June 5, 2019 The City Record 63

Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 949 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 946 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 948 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 948 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 927 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 401.532, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 405.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 943 To vacate a portion of East 55th Street. (O 705-2019) ...... 914 To vacate a portion of East 89th Street. (O 706-2019) ...... 914 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 915 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 915 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 915

Case Western Reserve University

Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 945

Casino Revenue Funds

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 940 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 941

City of Euclid

Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 910 969 64 The City Record June 5, 2019

City of Cleveland Bids

City Facility Carpentry Capital Maintenance and Repair — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due June 19, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 960 City Facility HVAC Capital Maintenance and Repair — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due June 19, 2019 (advertised 5/29/2019 and 6/5/2019)...... 960 City Facility Plumbing Capital Maintenance and Repair — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due June 19, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 960 City Facility Roofing Capital Maintenance and Repair — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due June 20, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 960 Criminal and Civil filing supplies — Department of Finance — behalf of Cleveland Municipal Court — per C.O. Sec. 181.101 — bid due June 28, 2019 (advertised 6/5/2019 and 6/12/2019)...... 962 HVAC/R supplies, items, materials and parts — Department of Public Works — Division of Property Management — per C.O. Sec. 181.101 — bid due June 27, 2019 (advertised 6/5/2019 and 6/12/2019) ...... 962 Janitorial Services and Specialized Cleaning and Sanitizing — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due June 19, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 960 New and rebuilt Motors and related repairs — Department of Public Works — Division of Property Management — per C.O. Sec. 181.101 — bid due June 27, 2019 (advertised 6/5/2019 and 6/12/2019) ...... 962 Plotters and Scanners lease of four — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 181.101 — bid due June 28, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 961 Roof Replacement Project Fire Station 23 (Re-bid) — Office of Capital Projects — Division of Architecture and Site Improvement — per Ord. 734-14 — bid due June 21, 2019 (advertised 5/29/2019 and 6/5/2019)...... 961 Sewer installation, construction, repair and rehabilitation — Department of Public Utilities — Division of Water Pollution Control — per Ord. 203-19 — bid due June 21, 2019 (advertised 5/29/2019 and 6/5/2019) ...... 961 Water Main Renewal C — Department of Public Utilities — Division of Water — per Ord. 922-18 — bid due June 28, 2019 (advertised 5/29/2019 and 6/5/2019)...... 961 Work Boat (Re-bid) — Department of Public Utilities — Division of Water — per Ord. 1365-18 — bid due June 28, 2019 (advertised 5/29/2019 and 6/5/2019)...... 961

City Planning Commission

Approving the continuation and expansion of the Ohio City Cleveland Business Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving an amendment to the Articles of Incorporation of the Market District Improvement Corporation; approving a new plan for public services; declaring it necessary to provide safety, cleaning, and other services for the District; and providing for the assessment of the cost of such work upon benefited property in the District; and declaring an emergency. (R 711-2019) ...... 936 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located near the intersection of West 9th Street and Fruit Avenue to Brett McCoy, for purposes of yard expansion. (O 703-2019) ...... 913 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 948 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 950 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 950 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 950 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 935 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 950 Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 950 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 949 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 927 970 June 5, 2019 The City Record 65

To vacate a portion of East 55th Street. (O 705-2019) ...... 914 To vacate a portion of East 89th Street. (O 706-2019) ...... 914 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 915 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 915 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 915

Clean Water Act

Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 950

Cleveland Hopkins International Airport

Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 946 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 945 Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 947 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 945 Authorizing the Director of Port Control to enter into a Lease with KeyCorp National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyCorp at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 945 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 946

Cleveland Metropolitan School District

Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 947

Cleveland Municipal Court

Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to lease property at 1449 West 117th Street from Montlack Realty, Co., or its designees, for the purpose of providing office space for the Adult Probation Department of the Cleveland Municipal Court, for a term of one year, with one option to renew, exercisable by the Director of Finance, on behalf of the Cleveland Municipal Court. (O 728-2019) ...... 926

Cleveland Public Power

Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 947 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 945

Cleveland Public Theatre

Authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Student Theatre Enrichment Program (STEP) through the use of Wards 3, 5, 6, 12, 15 and 17 Casino Revenue Funds. (O 736-2019) ...... 939 971 66 The City Record June 5, 2019

Codified Ordinances

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 949 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 942 To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 773-A-80, passed December 14, 1981, relating to the waste collection hours in and near a residential district. (O 257-2019) ...... 942 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 949 To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 927 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 401.532, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 405.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 943

Communications

From Rachel Loewy, Deputy Director of Modernization and Development, Western Reserve Revitalization and Management Company. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase III, 17800 Parkmount Avenue, Cleveland, Ohio. (F 692-2019) ...... 909

Community Development

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938

Condolences

Condolence Resolution for Agnes Slominsky. (R 766-2019) ...... 909 Condolence Resolution for Carol Tyler. (R 756-2019) ...... 909 Condolence Resolution for Donald Slogar. (R 765-2019) ...... 909 Condolence Resolution for Ethel Pauley. (R 761-2019) ...... 909 Condolence Resolution for Imir Williams. (R 762-2019) ...... 909 Condolence Resolution for John Oscar Poole II. (R 760-2019) ...... 909 Condolence Resolution for Leslie Farley Ferguson. (R 758-2019) ...... 909 Condolence Resolution for Melvin Chambers. (R 759-2019) ...... 909 Condolence Resolution for Roosevelt Robinson, Jr. (R 757-2019) ...... 909 Condolence Resolution for Sharon Novak. (R 764-2019) ...... 909 Condolence Resolution for Victims of the Virginia Beach shooting. (R 763-2019) ...... 909

Congratulations

Congratulations Resolution for Diana Cyganovich. (R 770-2019) ...... 910 Congratulations Resolution for Dr. Kevin Harris, Sr. (R 768-2019) ...... 910 Congratulations Resolution for Father Robert J. Jasany. (R 767-2019) ...... 910 Congratulations Resolution for Tyrone C. McBee. (R 769-2019) ...... 910

Contracts

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 947 972 June 5, 2019 The City Record 67

Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 918 Authorizing the Director of Public Health to apply for and accept a grant from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County for the “This is (Not) About Drugs” Program; and authorizing the Director to enter into one or more contracts with Overdose Lifeline, Inc. and Preventure to implement the grant. (O 626-2019) ...... 947 Authorizing the Director of Public Health to enter into an amendment to Contract No. CT 5005 SG 2017-111 with Emily Frantz, owner, Administrative & Logistical Support for Public Health Accreditation, LLC to assist the Department of Health to attain accreditation status by the Public Health Accreditation Board. (O 670-2019) ...... 949 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible and non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 949 Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 945 Authorizing the Director of Public Utilities to employ one or more computer software vendors to acquire or renew Cisco maintenance and support, including Cisco Smartnet, for networking and telecommunication software and equipment; and authorizing the purchase by one or more requirement contracts of Cisco hardware and software products, including those used for networking and telecommunication and for the phone system, and maintenance and technical support, for the various divisions of the Department of Public Utilities, for a period of one year, with a one-year option to renew, exercisable by the Director of Public Utilities. (O 595-2019) ...... 947 Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 935 Authorizing the Director of Public Utilities to exercise the option to renew Contract No. RCD 2017-6 with Hach Co. to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Co. used to monitor the drinking water purification process. (O 593-2019) ...... 946 Authorizing the Director of Public Utilities to exercise the options to renew various contracts for the requirements of various types of machines and equipment, and labor and materials to repair and/or replace parts or equipment to maintain various types of machines and equipment, for the Department of Public Utilities. (O 594-2019) ...... 946 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 949 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 947 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 945 Authorizing the purchase by one or more requirement contracts of hauling and disposal of water treatment plant residuals, for the Division of Water, Department of Public Utilities, for a period of two years. (O 724-2019) ...... 921 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 923

Convention and Visitor’s Bureau

Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 943

County Budget Commission

To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 950 973 68 The City Record June 5, 2019

Cuyahoga County

Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 910 Authorizing the Director of Public Health to apply for and accept a grant from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County for the “This is (Not) About Drugs” Program; and authorizing the Director to enter into one or more contracts with Overdose Lifeline, Inc. and Preventure to implement the grant. (O 626-2019) ...... 947 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 949 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 946

Cuyahoga County Board of Health

Authorizing the Director of Public Health to apply for and accept a grant from the Cuyahoga County Board of Health for the Public Health Emergency Preparedness Grant Program. (O 720-2019) ...... 919

Dominion Energy Ohio

Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 946

Easements

Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 910 Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 945 Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 946 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 921 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 946

Economic Development Department

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 947 Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 918 Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 917 974 June 5, 2019 The City Record 69

Authorizing the Director of Economic Development to enter into a grant agreement with Hebrew Free Loan Association, or its designee, to partially finance the creation of their Start-Up Working Capital Fund Pilot Program which will administer working capital financing loans to eligible small businesses located in/or will be located in the City of Cleveland in conjunction with the Neighborhood Retail Assistance Program and/or the Municipal Small business Initiative Program. (O 716-2019) ...... 918 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 917 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 940 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 916

Encroachments

Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 949 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 912 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 946 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 913 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 943

Engineering and Construction Division

Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 947

Famicos Foundation

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 947

Fees

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 949 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 942 975 70 The City Record June 5, 2019

Finance Department

Authorizing the Director of Finance to employ one or more consultants, computer software developers, or vendors or one or more firms of consultants, computer software developers, or vendors necessary to implement various technology projects and upgrades to existing systems under the 2019 ITS Capital Project Plan, other related professional services to implement the Plan; and to enter into various contracts to implement this ordinance. (O 664-2019) ...... 948 Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to lease property at 1449 West 117th Street from Montlack Realty, Co., or its designees, for the purpose of providing office space for the Adult Probation Department of the Cleveland Municipal Court, for a term of one year, with one option to renew, exercisable by the Director of Finance, on behalf of the Cleveland Municipal Court. (O 728-2019) ...... 926 To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 950 To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 949 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 401.532, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 405.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 943

Firstenergy Stadium

Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 948

Flats District

Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 943

Gifts

Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 947

Grant Agreement

Authorizing the Director of Economic Development to enter into a grant agreement with Hebrew Free Loan Association, or its designee, to partially finance the creation of their Start-Up Working Capital Fund Pilot Program which will administer working capital financing loans to eligible small businesses located in/or will be located in the City of Cleveland in conjunction with the Neighborhood Retail Assistance Program and/or the Municipal Small business Initiative Program. (O 716-2019) ...... 918

Grants

Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 918 Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 949 976 June 5, 2019 The City Record 71

Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 947 Authorizing the Director of Public Health to enter into one or more contracts without competitive bidding with the Center for Disease Detection, LLC for the purchase of lab services for reproductive health clinics that are needed under the Title X grant, for the Division of Health, Department of Public Health, for a period of one year. (O 721-2019) ...... 920 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 921 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 948 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a grant of $5,000 from University Hospitals for OVI Task Force. (F 693-2019) ...... 909

Greater Cleveland Media Development Corporation

Authorizing the Director of Economic Development to enter into a grant agreement with the Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission, or its designee, to assist with the general operating expenses of the organization. (O 717-2019) ...... 919

Health Department

Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 949 Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 947 Authorizing the Director of Public Health to enter into an amendment to Contract No. CT 5005 SG 2017-111 with Emily Frantz, owner, Administrative & Logistical Support for Public Health Accreditation, LLC to assist the Department of Health to attain accreditation status by the Public Health Accreditation Board. (O 670-2019) ...... 949 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible and non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 949 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 947 Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 945 Calling upon health organizations including hospitals and providers of Medicaid services to guarantee that Cleveland area infants and children under age six are screened and tested for lead to help prevent lead poisoning. (R 748-2019) ...... 936 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 942

Human Resources Department

To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 949

Lead Safe

Calling upon health organizations including hospitals and providers of Medicaid services to guarantee that Cleveland area infants and children under age six are screened and tested for lead to help prevent lead poisoning. (R 748-2019) ...... 936 977 72 The City Record June 5, 2019

To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 927

Lease Agreement

Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 946 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 945 Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 947 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 945

Leases

Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to lease property at 1449 West 117th Street from Montlack Realty, Co., or its designees, for the purpose of providing office space for the Adult Probation Department of the Cleveland Municipal Court, for a term of one year, with one option to renew, exercisable by the Director of Finance, on behalf of the Cleveland Municipal Court. (O 728-2019) ...... 926 Authorizing the Director of Port Control to enter into a Lease with KeyCorp National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyCorp at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 945 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 946 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 949 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 923

Licenses

Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 947 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 942

Liquor Permits

#0000676. Economic Development Transfer Application, D5 D6. A Bar LLC, 15609 15813 Lorain Ave. (Ward 17). (F 695-2019) ...... 909 #1391398. Stock Application, C1. Channel Park Marina, Inc., 5300 Whiskey Island Dr. (Ward 15). (F 697-2019) ...... 909 978 June 5, 2019 The City Record 73

#14374151125. New License Application, D1. Chipotle Mexican Grill of Colorado LLC, 11638 Clifton Blvd. (F 696-2019) ...... 909 #58708380010. Transfer of Ownership Application, D1 D2. Metro Food and Beverage, Inc., 3203 West 25th St. (Ward 14). (F 694-2019) ...... 909 Withdrawing objection to the Liquor Agency Contract located at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 333-2019. (R 754-2019) ...... 942 Withdrawing objection to the transfer of ownership of a C1 and C2 Liquor Permit at 1337 West 117th Street and repealing Resolution No. 644-2019 objecting to said permit. (R 750-2019) ...... 941 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 3137 East 65th Street, 1st floor and basement and repealing Resolution No. 1129-18 objecting to said permit. (R 755-2019) ...... 942 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 3778 West 117th Street and repealing Resolution No. 1060-18 objecting to said permit. (R 751-2019) ...... 941 Withdrawing objection to the transfer of ownership of a D5 and D6 Liquor Permit at 12210 Lorain Avenue and repealing Resolution No. 883-18 objecting to said permit. (R 753-2019) ...... 942

Loan Agreement

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 947 Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 917

Loans

Authorizing the Director of Economic Development to enter into a grant agreement with Hebrew Free Loan Association, or its designee, to partially finance the creation of their Start-Up Working Capital Fund Pilot Program which will administer working capital financing loans to eligible small businesses located in/or will be located in the City of Cleveland in conjunction with the Neighborhood Retail Assistance Program and/or the Municipal Small business Initiative Program. (O 716-2019) ...... 918 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 917

Merrick House

Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940

Midtown Cleveland, Inc.

Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 943

Mt. Pleasant Now Development Corporation

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with Mt. Pleasant NOW Development Corporation for the Family Unity Day Expo through the use of Wards 1 and 2 Casino Revenue Funds. (O 738-2019) ...... 939

Name Change

Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 948

Neighborhood Capital Funds

Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 940 979 74 The City Record June 5, 2019

Ohio City — Cleveland Business Improvement District

Approving the continuation and expansion of the Ohio City Cleveland Business Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving an amendment to the Articles of Incorporation of the Market District Improvement Corporation; approving a new plan for public services; declaring it necessary to provide safety, cleaning, and other services for the District; and providing for the assessment of the cost of such work upon benefited property in the District; and declaring an emergency. (R 711-2019) ...... 936

Ohio Department of Public Health

Authorizing the Director of Public Health to apply for and accept a grant from the Ohio Department of Health for the Cities Readiness Initiative Program. (O 719-2019) ...... 919 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible and non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 949 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 947 Authorizing the Director of Public Health to enter into one or more contracts without competitive bidding with the Center for Disease Detection, LLC for the purchase of lab services for reproductive health clinics that are needed under the Title X grant, for the Division of Health, Department of Public Health, for a period of one year. (O 721-2019) ...... 920

Ohio Department of Transportation (ODOT)

Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 948 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 948

Ohio Environmental Protection Agency

Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 949 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 921 Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 950

Ohio General Assembly

Strongly urging the Ohio Governor and Members of the Ohio General Assembly to restore the Local Government Fund to pre-recession levels. (R 731-2019) ...... 941

Ohio House Finance Agency

From Rachel Loewy, Deputy Director of Modernization and Development, Western Reserve Revitalization and Management Company. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase III, 17800 Parkmount Avenue, Cleveland, Ohio. (F 692-2019) ...... 909 980 June 5, 2019 The City Record 75

Ohio Public Works Commission

Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 948 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 948

Permits

Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 949 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 912 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 946 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 943 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 913 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 943 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 401.532, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 405.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 943

Port Control Department

Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 937 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 943 Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 946 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 945 981 76 The City Record June 5, 2019

Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 947 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 945 Authorizing the Director of Port Control to enter into a Lease with KeyCorp National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyCorp at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 945 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 946 Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 946

Professional Services

Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 937 Determining the method of making the public improvement of tearing down and removing the radio tower and associated buildings on the Tree Farm Property in Brecksville, and removing shelters at two other radio tower locations and restoring land in all locations; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; authorizing professional services to design; and authorizing the purchase by one or more contracts of labor and materials necessary to implement this ordinance, for the Department of Public Utilities. (O 723-2019) ...... 920 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for constructing the complete streets project along the East 93rd Street/Woodhill Road/East 105th Street corridor; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing professional services, agreements with public and private entities, and any relative agreements; authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes any real property and easements necessary to make the improvement; and causing payment to ODOT of Cleveland’s share of the improvement. (O 700-2019) ...... 911

Professional Services Contracts

Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 947 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Authorizing the Director of Finance to employ one or more consultants, computer software developers, or vendors or one or more firms of consultants, computer software developers, or vendors necessary to implement various technology projects and upgrades to existing systems under the 2019 ITS Capital Project Plan, other related professional services to implement the Plan; and to enter into various contracts to implement this ordinance. (O 664-2019) ...... 948 Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 947 Authorizing the Director of Public Works to employ one or more professional consultants to provide parking meter consultant services, for a one year period; and to enter into various written standard purchase and requirement contracts for the purchase of parking meters and related equipment and services, including installation. (O 729-2019) ...... 937 982 June 5, 2019 The City Record 77

Public Improvement Contracts

Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. PIRC 2018-3 with Terrace Construction Company, Inc. for the public improvement of installing automated meter reading units on remaining residential and commercial accounts, including Cleveland Heights accounts and master meter vaults not yet converted. (O 592-2019) ...... 946 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 948 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 948 Determining the method of making the public improvement of tearing down and removing the radio tower and associated buildings on the Tree Farm Property in Brecksville, and removing shelters at two other radio tower locations and restoring land in all locations; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; authorizing professional services to design; and authorizing the purchase by one or more contracts of labor and materials necessary to implement this ordinance, for the Department of Public Utilities. (O 723-2019) ...... 920 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing Rockefeller Avenue from Broadway Avenue to Central Furnace Drive; to apply for and accept an allocation of County Motor Vehicle License Tax Funds for the improvement; authorizing the Director of Capital Projects to enter into one or more contracts for the construction, design, and any relative agreements in making the improvement. (O 633-2019) ...... 948

Public Improvements

Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 910 Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 910 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 920 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 949 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for the cost of the improvement. (O 632-2019) ...... 948 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 948 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 927

Public Works

Authorizing the Director of Public Works to employ one or more professional consultants to provide parking meter consultant services, for a one year period; and to enter into various written standard purchase and requirement contracts for the purchase of parking meters and related equipment and services, including installation. (O 729-2019) ...... 937 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 949 983 78 The City Record June 5, 2019

Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 921 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 946 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 923 Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 948 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 948 To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 949

Purchase Agreement

Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 943

Purchases and Supplies Division

Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 945 Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 937 Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 946 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 943 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 916

Recognition

Recognition Resolution for Cuyahoga County Soldiers’ & Sailors’ Monument 125th Anniversary. (R 772-2019) ...... 910 Recognition Resolution for East Side Market. (R 771-2019) ...... 910

Recreation Centers

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 949 984 June 5, 2019 The City Record 79

Resolution of Support

Approving the continuation and expansion of the Ohio City Cleveland Business Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving an amendment to the Articles of Incorporation of the Market District Improvement Corporation; approving a new plan for public services; declaring it necessary to provide safety, cleaning, and other services for the District; and providing for the assessment of the cost of such work upon benefited property in the District; and declaring an emergency. (R 711-2019) ...... 936 Calling upon health organizations including hospitals and providers of Medicaid services to guarantee that Cleveland area infants and children under age six are screened and tested for lead to help prevent lead poisoning. (R 748-2019) ...... 936 Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 950 Strongly urging the Ohio Governor and Members of the Ohio General Assembly to restore the Local Government Fund to pre-recession levels. (R 731-2019) ...... 941

Safety Department

Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 946 Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 947 Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 945 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 941 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a grant of $5,000 from University Hospitals for OVI Task Force. (F 693-2019) ...... 909

Salaries

To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 949

State of Ohio

Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 913 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 945 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for the cost of the improvement. (O 632-2019) ...... 948

Street Vacation

Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 950 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 950 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 950 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 935 985 80 The City Record June 5, 2019

Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 950 To vacate a portion of East 55th Street. (O 705-2019) ...... 914 To vacate a portion of East 89th Street. (O 706-2019) ...... 914 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 915 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 915 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 915

Tax Budget

To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 950

Tax Increment Financing ( TIF )

Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 916

The Greater Cleveland Sports Commission

Authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland Sports Commission, or its designee, to provide financial assistance to organize and administer programs for marketing the City of Cleveland as a venue for sporting events and to actively market the Public Auditorium as a premier site for the hosting of major events. (O 718-2019) ...... 919

Tremont West Development Corporation

Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 938

Union Miles Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with Union Miles Development Corporation for the Feasibility Study for a Veteran Service Center and Housing Project for Homeless Veterans through the use of Ward 2 Casino Revenue Funds. (O 744-2019) ...... 940

United Airlines

Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 945

United States Postal Services

Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 946

United Way of Greater Cleveland

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938

University Hospitals

From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of acceptance of a grant of $5,000 from University Hospitals for OVI Task Force. (F 693-2019) ...... 909

U.S. Department of Homeland Security

Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 947 986 June 5, 2019 The City Record 81

Utilities Department

Authorizing the Director of Public Utilities to employ one or more computer software vendors to acquire or renew Cisco maintenance and support, including Cisco Smartnet, for networking and telecommunication software and equipment; and authorizing the purchase by one or more requirement contracts of Cisco hardware and software products, including those used for networking and telecommunication and for the phone system, and maintenance and technical support, for the various divisions of the Department of Public Utilities, for a period of one year, with a one-year option to renew, exercisable by the Director of Public Utilities. (O 595-2019) ...... 947 Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 947 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 920 Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 935 Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. PIRC 2018-3 with Terrace Construction Company, Inc. for the public improvement of installing automated meter reading units on remaining residential and commercial accounts, including Cleveland Heights accounts and master meter vaults not yet converted. (O 592-2019) ...... 946 Authorizing the Director of Public Utilities to exercise the option to renew Contract No. RCD 2017-6 with Hach Co. to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Co. used to monitor the drinking water purification process. (O 593-2019) ...... 946 Authorizing the Director of Public Utilities to exercise the options to renew various contracts for the requirements of various types of machines and equipment, and labor and materials to repair and/or replace parts or equipment to maintain various types of machines and equipment, for the Department of Public Utilities. (O 594-2019) ...... 946 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 947 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 945 Authorizing the purchase by one or more requirement contracts of hauling and disposal of water treatment plant residuals, for the Division of Water, Department of Public Utilities, for a period of two years. (O 724-2019) ...... 921 Determining the method of making the public improvement of tearing down and removing the radio tower and associated buildings on the Tree Farm Property in Brecksville, and removing shelters at two other radio tower locations and restoring land in all locations; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; authorizing professional services to design; and authorizing the purchase by one or more contracts of labor and materials necessary to implement this ordinance, for the Department of Public Utilities. (O 723-2019) ...... 920

Vehicles

Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 923

Ward 01

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for John Oscar Poole II. (R 760-2019) ...... 909 987 82 The City Record June 5, 2019

Condolence Resolution for Melvin Chambers. (R 759-2019) ...... 909 Withdrawing objection to the Liquor Agency Contract located at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 333-2019. (R 754-2019) ...... 942

Ward 02

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into agreement with the Jarvis Gibson Foundation for the Mt. Pleasant Rebels Educational & Sports Program through the use of Ward 2 Casino Revenue Funds. (O 740-2019) ...... 939 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 949 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 948

Ward 03

Approving the continuation and expansion of the Ohio City Cleveland Business Improvement District as a Special Improvement District in the City; accepting petitions from owners of property in the District; approving an amendment to the Articles of Incorporation of the Market District Improvement Corporation; approving a new plan for public services; declaring it necessary to provide safety, cleaning, and other services for the District; and providing for the assessment of the cost of such work upon benefited property in the District; and declaring an emergency. (R 711-2019) ...... 936 Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 910 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located near the northwest corner of Starkweather Avenue and West 15th Street to Larry Zukerman for purposes of redevelopment. (O 667-2019) ...... 949 Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 949 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 912 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 943 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 950 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 950 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 935 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 950 Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 950 988 June 5, 2019 The City Record 83

Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing Rockefeller Avenue from Broadway Avenue to Central Furnace Drive; to apply for and accept an allocation of County Motor Vehicle License Tax Funds for the improvement; authorizing the Director of Capital Projects to enter into one or more contracts for the construction, design, and any relative agreements in making the improvement. (O 633-2019) ...... 948 Recognition Resolution for Cuyahoga County Soldiers’ & Sailors’ Monument 125th Anniversary. (R 772-2019) ...... 910 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 915

Ward 04

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 938 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938

Ward 05

Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 3137 East 65th Street, 1st floor and basement and repealing Resolution No. 1129-18 objecting to said permit. (R 755-2019) ...... 942

Ward 06

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 938 Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 945 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 946 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for Roosevelt Robinson, Jr. (R 757-2019) ...... 909 Condolence Resolution for Victims of the Virginia Beach shooting. (R 763-2019) ...... 909 Congratulations Resolution for Dr. Kevin Harris, Sr. (R 768-2019) ...... 910 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for constructing the complete streets project along the East 93rd Street/Woodhill Road/East 105th Street corridor; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing professional services, agreements with public and private entities, and any relative agreements; authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes any real property and easements necessary to make the improvement; and causing payment to ODOT of Cleveland’s share of the improvement. (O 700-2019) ...... 911

Ward 07

Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 946 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 943 989 84 The City Record June 5, 2019

Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 946 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 916 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 940 To vacate a portion of East 89th Street. (O 706-2019) ...... 914

Ward 08

Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 910 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for Agnes Slominsky. (R 766-2019) ...... 909 Condolence Resolution for Donald Slogar. (R 765-2019) ...... 909 Congratulations Resolution for Tyrone C. McBee. (R 769-2019) ...... 910 Recognition Resolution for Cuyahoga County Soldiers’ & Sailors’ Monument 125th Anniversary. (R 772-2019) ...... 910 Recognition Resolution for East Side Market. (R 771-2019) ...... 910 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 915

Ward 09

Appreciation Resolution for Marsha Dobrzynski. (R 773-2019) ...... 910 Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 947 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for Carol Tyler. (R 756-2019) ...... 909 Condolence Resolution for Imir Williams. (R 762-2019) ...... 909 Recognition Resolution for East Side Market. (R 771-2019) ...... 910

Ward 10

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for Leslie Farley Ferguson. (R 758-2019) ...... 909 Recognition Resolution for East Side Market. (R 771-2019) ...... 910 To vacate a portion of East 55th Street. (O 705-2019) ...... 914

Ward 11

Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 3778 West 117th Street and repealing Resolution No. 1060-18 objecting to said permit. (R 751-2019) ...... 941

Ward 12

Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 917 990 June 5, 2019 The City Record 85

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 916 Congratulations Resolution for Father Robert J. Jasany. (R 767-2019) ...... 910

Ward 13

Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 913 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938

Ward 14

#58708380010. Transfer of Ownership Application, D1 D2. Metro Food and Beverage, Inc., 3203 West 25th St. (Ward 14). (F 694-2019) ...... 909 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 940 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 950

Ward 15

#1391398. Stock Application, C1. Channel Park Marina, Inc., 5300 Whiskey Island Dr. (Ward 15). (F 697-2019) ...... 909 #14374151125. New License Application, D1. Chipotle Mexican Grill of Colorado LLC, 11638 Clifton Blvd. (F 696-2019) ...... 909 Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 946 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 948 Congratulations Resolution for Diana Cyganovich. (R 770-2019) ...... 910 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 927 Withdrawing objection to the transfer of ownership of a C1 and C2 Liquor Permit at 1337 West 117th Street and repealing Resolution No. 644-2019 objecting to said permit. (R 750-2019) ...... 941 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 7201 Lorain Avenue and repealing Resolution No. 299-2019 objecting to said permit. (R 752-2019) ...... 942

Ward 16

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 941 Condolence Resolution for Sharon Novak. (R 764-2019) ...... 909 Withdrawing objection to the transfer of ownership of a D5 and D6 Liquor Permit at 12210 Lorain Avenue and repealing Resolution No. 883-18 objecting to said permit. (R 753-2019) ...... 942

Ward 17

#0000676. Economic Development Transfer Application, D5 D6. A Bar LLC, 15609-15813 Lorain Ave. (Ward 17). (F 695-2019) ...... 909 991 86 The City Record June 5, 2019

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 938 Condolence Resolution for Ethel Pauley. (R 761-2019) ...... 909 From Rachel Loewy, Deputy Director of Modernization and Development, Western Reserve Revitalization and Management Company. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Riverside Park Phase III, 17800 Parkmount Avenue, Cleveland, Ohio. (F 692-2019) ...... 909 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 915

Waste Collection and Disposal Division

To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 773-A-80, passed December 14, 1981, relating to the waste collection hours in and near a residential district. (O 257-2019) ...... 942

Water Division

Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 947 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 920 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 947 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 945 Authorizing the purchase by one or more requirement contracts of hauling and disposal of water treatment plant residuals, for the Division of Water, Department of Public Utilities, for a period of two years. (O 724-2019) ...... 921

Water Pollution Control Division

Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 935 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 947 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 945

Zoning

Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 950 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 949

992