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

January 31, 2020

Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Cleveland

The City Record is available online at www.clevelandcitycouncil.org

Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall January 31, 2020 The City Record 2

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 3 Communications 4 Ordinances and Resolutions Ceremonial Resolutions 5 First Reading Emergency Ordinances Referred 7 First Reading Ordinances Referred 34 First Reading Emergency Ordinances Read in Full and Passed 57 First Reading Emergency Resolutions Referred 63 First Reading Emergency Resolutions Read in Full and Adopted 65 Second Reading Emergency Ordinances Passed 79 Adjournment 110 Council Committee Meetings 111 Board of Control 112 Schedule of the Board of Zoning Appeals 128 Report of the Board of Zoning Appeals 136 Agenda of the Board of Building Standards and Building Appeals 138 Report of the Board of Building Standards and Building Appeals 144 City of Cleveland Bids 151 Directory of City Officials City Council 157 Permanent Schedule — Standing Committees of Council 158 City Departments 159 Cleveland Municipal Court 164 City Links 165

Table of Contents January 31, 2020 The City Record 3

Official Proceedings City Council

Cleveland, Ohio Monday, January 27, 2020

The meeting of the Council was called to order at 7:03 p.m. with the President of Council, Kevin J. Kelley, in the Chair.

Council Members present: Kevin L. Bishop, Dona Brady, Anthony Brancatelli, Phyllis E. Cleveland, Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. Johnson, Basheer S. Jones, Joseph T. Jones, Brian Kazy, Kevin J. Kelley, Kerry McCormack, Michael D. Polensek, Jasmin Santana, Charles Slife, Matt Zone.

Also present were: Mayor Frank G. Jackson, Interim Chief of Staff/Director Sharon Dumas, Chief Operating Officer Darnell Brown, Chief of Communications, Government & International Affairs Valarie McCall, Chief of Regional Development Edward W. Rybka, Chief of Education Monyka S. Price, Chief of Public Affairs Natoya Walker- Minor, Media Relations Director Dan Williams, Hunter, Wood and Directors Langhenry, Davis, Kennedy, Spronz, Gordon, McGrath, Cox, Menesse, Blue Donald, West, Stevenson, Collier, Anderson, McNamara, Spreng, Burrows, Pierce Scott Martin- Thompson and Ebersole.

MOTION

Council Members, Administration, Staff, and those in the audience rose for a moment of silent reflection, and the Pledge of Allegiance.

MOTION

On the motion of Council Member Slife, the reading of the minutes of the last meeting was dispensed with and the journal approved. Seconded by Council Member Santana.

Official Proceedings – City Council January 31, 2020 The City Record 4

Communications

Oaths of Office

File No. 144-2020 Oath of Office for Joy A. Perry, Interim Commissioner at CPP. Received.

Ohio Division of Liquor Control

File No. 146-2020 #18694760010. New License Application, D5. Cuyahoga Community College District, 180 Euclid Avenue (Ward 3). Received.

File No. 147-2020 #6368137. Transfer of Location Application, C1, C2. New Eastside Market LLC, 10505 St. Clair Avenue (Ward 9). Received.

File No. 148-2020 #0598580. New License Application, C1. Bellare Convenience Store Inc., 12521 Wanda Avenue (Ward 11). Received.

File No. 149-2020 #0974095. Transfer of Ownership Application, C2, C2X, D6. Brothers Al Rousan Inc, 4398-4400 State Road (Ward 13). Received.

File No. 150-2020 #43995490005. New License Application, C1. Jounieh LLC, 4915 Memphis Avenue (Ward 13). Received

File No. 151-2020 #2847764. Economic Development Transfer Application, D5, D6. 4195 Terminal LLC, 4195 West 150th Street (Ward 16). Received

File No. 152-2020 #1113247. Transfer of Location Application, D2, D2X, D3. Ohio City BBQ Inc., 3827-29 Lorain Avenue (Ward 3). Received

File No. 153-2020 #41545920030. Transfer of Ownership Application, C2, C2X,. IYS Ventures LLC, 4901 Fleet Avenue (Ward 12). Received

Communications Official Proceedings – City Council January 31, 2020 The City Record 5

Ordinances and Resolutions Ceremonial Resolutions

Ceremonial resolutions are used by Council to recognize dignitaries and community members, and their accomplishments.

Resolutions of Condolence

The Rules were suspended, and the following Resolutions were adopted by a rising vote:

Griffin Res. No. 131-2020 Rosalind Taylor

Griffin & Johnson Res. No. 133-2020 Georgia M. Robinson

Johnson Res. No. 134-2020 Betty S. Mitchell

B. Jones Res. No. 135-2020 Phyllis Jean Burton-Scott

J. Jones Res. No. 136-2020 Harvey “Lil Buddy” Williams

Polensek Res. No. 137-2020 Robert William Furlong

Zone Res. No. 138-2020 Captain James P. Purcell, Badge #1259

Cleveland Res. No. 166-2020 Honorable Nathaniel Jones

Griffin Res. No. 167-2020 Kobe Bean Bryant

Resolutions of Congratulations

The rules were suspended, and the following Resolutions were adopted without objection:

Cleveland Res. No. 139-2020 10th Anniversary of Police Assisted Referral Program

Cleveland & Kelley Res. No. 140-2020 Patricia Singleton

B. Jones Res. No. 141-2020 Ann Marszal

Ceremonial Resolutions Official Proceedings – City Council January 31, 2020 The City Record 6

Resolutions of Recognition

The Rules were suspended, and the following Resolutions were adopted without objection:

B. Jones Res. No. 142-2020 Student Minister Nuri Muhammad

Ceremonial Resolutions Official Proceedings – City Council January 31, 2020 The City Record 7

Ordinances and Resolutions

First Reading Emergency Ordinances Referred

An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

These ordinances were read for the first time on January 27, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 107-2020 Ord. No. 121-2020

Ord. No. 109-2020 Ord. No. 122-2020

Ord. No. 114-2020 Ord. No. 123-2020

Ord. No. 115-2020 Ord. No. 124-2020

Ord. No. 116-2020 Ord. No. 125-2020

Ord. No. 119-2020 Ord. No. 145-2020

Ord. No. 120-2020

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Ordinance No. 107-2020

Council Member: B. Jones

An emergency ordinance to add the name “Malcolm X Way” as a secondary and honorary name to Crawford Road between Hough Avenue and Chester Avenue.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That, notwithstanding and as an exception to the Codified Ordinances of Cleveland, Ohio, 1976, the name “Malcolm X Way” shall be added as a secondary and honorary name to Crawford Road between Hough Avenue and Chester Avenue.

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

First Reading Emergency Ordinances Referred Ord. No. 107-2020 Official Proceedings – City Council January 31, 2020 The City Record 9

Ordinance No. 109-2020

Council Members: McCormack, Brancatelli and Kelley (by departmental request)

An emergency ordinance approving the report of the Assessment Equalization Board on objections concerning estimated assessments with respect to the continuation and expansion of the Ohio City - Cleveland Business Improvement District and the comprehensive services plan for safety, maintenance and other services to be provided for the District; determining to proceed with the plan to provide public services within the District; adopting the assessments; levying the assessments; and authorizing the City of Cleveland to enter into an agreement with the Ohio City Improvement Corporation.

WHEREAS, under Resolution No. 1281-2019, adopted November 11, 2019, the Assessment Equalization Board (the “Board”) was appointed to hear and determine all objections concerning the estimated assessments under Resolution No. 711-2019, adopted August 21, 2019 (the “Resolution of Necessity”), to provide for public services benefitting the Ohio City - Cleveland Business Improvement District (the “District”); and

WHEREAS, the Board has filed its report with this Council as to its determination of the objections; and

WHEREAS, this Council deems the report proper in all respects; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the report of the Board, appointed under Resolution No. 1281-2019, adopted November 11, 2019, is approved and placed in File No. 109-2020-A, along with the final assessments for the District, as equalized by the Board.

Section 2. That it is determined to proceed to provide for the plan for public services benefitting the District (collectively, “District Services”), as established in the Resolution of Necessity.

Section 3. That the District Services shall be performed under the provisions of the Resolution of Necessity, and consistent with the plans, specifications, profiles, and assessments approved and filed in the office of the Clerk of Council.

Section 4. That judicial inquiry into all claims for damages resulting from the District Services filed under law shall occur after completion of the District Services.

First Reading Emergency Ordinances Referred Ord. No. 109-2020 Official Proceedings – City Council January 31, 2020 The City Record 10

Section 5. That the cost of the District Services to be assessed against benefited property shall be assessed in the amount, manner and number of installments as provided for in the Resolution of Necessity, as equalized by the Board.

Section 6. That the final assessments, as equalized by the Board, for the cost of the District Services, placed in the file mentioned above and aggregating $3,008,337.66 are adopted and confirmed as final assessments.

Section 7. That the final assessments shall be assessed and levied on the lots and lands benefited and to be charged therewith in the District in proportion to the benefits as described in the Resolution of Necessity.

Section 8. That it is determined that the assessments do not exceed the special benefits resulting from the District Services, and do not exceed any statutory limitation.

Section 9. That the final assessments which have been filed with the Clerk of Council shall remain open to public inspection.

Section 10. That the first-year installments against each lot and parcel of land shall be billed by and paid to the City of Cleveland’s Division of Assessments and Licenses. All first year assessments which have not been paid by the specified due date, as well as the subsequent annual assessments, shall be certified by the Commissioner of the Division of Assessments and Licenses to the County Fiscal Officer on or before the certification deadline for the appropriate assessment years, to be placed on the tax duplicate and collected the same as other taxes, as provided by law.

Section 11. That the Clerk of Council is directed to cause a certified copy of this ordinance to be filed with the County Fiscal Officer within fifteen (15) days after the passage of this ordinance, or as otherwise required by Section 319.61 of the Revised Code.

Section 12. That the Clerk of Council is directed to cause notice of the levy of the assessments to be filed with the County Fiscal Officer within twenty (20) days following the passage of this ordinance, or as otherwise required by Section 319.61 of the Revised Code.

Section 13. That the Clerk of Council is directed to cause a notice of the passage of this ordinance to be published once in a newspaper of general circulation in this City.

Section 14. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were conducted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action, were conducted in meetings open to the public, in compliance with all legal requirements.

Section 15. That the Directors of City Planning and Finance are authorized, in their discretion, to enter into a contract with the Ohio City Improvement Corporation setting

First Reading Emergency Ordinances Referred Ord. No. 109-2020 Official Proceedings – City Council January 31, 2020 The City Record 11 forth the terms under which the City will levy an assessment for the District and the use of the proceeds of the assessments levied herein.

Section 16. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 109-2020 Official Proceedings – City Council January 31, 2020 The City Record 12

Ordinance No. 114-2020

Council Members: Zone and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to enter into an agreement with Cuyahoga County to accept funds from the County to support the City’s responsibility for answering cellular 9-1-1 calls originating in the City of Cleveland, a responsibility formerly held by the County, for a period of five years, with one five-year option to renew exercisable by the Director of Public Safety; authorizing the City to accept funds from the County to support the City’s increased responsibility; and authorizing other agreements with various wireless providers.

WHEREAS, under Ordinance No. 298-14, passed April 21, 2014, as amended by Ordinance No. 1621-14, passed December 8, 2014, this Council approved the transfer of responsibility of answering cellular 9-1-1 calls originating in Cleveland from Cuyahoga County’s Cuyahoga Emergency Communications System (“CECOMS”) to the City of Cleveland’s Public Safety Answering Point (“PSAP”) and to provide funding to City to handle these calls; and

WHEREAS, the funding provided by the County to the City is contingent on the continued funding from the State of Ohio Wireless Government Assistance Fund to Cuyahoga County;

WHEREAS, the City and Cuyahoga County wish to continue this arrangement; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Safety is authorized to enter into an agreement with Cuyahoga County to accept funding from Cuyahoga County to support the City’s responsibilities for answering 9-1-1 cellular calls originating in the City of Cleveland, and the agreement may be for a maximum period of five years, with one five-year option to renew, exercisable by the Director of Public Safety.

Section 2. That the amounts paid by the County to the City under the agreement are contingent on and may vary depending on the amount of funding the County receives from the State of Ohio Wireless Government Assistance Fund.

Section 3. That funds received from the County shall be deposited into a fund approved by the Director of Finance.

Section 4. That the Director of Public Safety is authorized to enter into one or more agreements with various cellular providers to implement this ordinance (the “Provider

First Reading Emergency Ordinances Referred Ord. No. 114-2020 Official Proceedings – City Council January 31, 2020 The City Record 13

Agreements”). The Provider Agreements shall run independently of the funding agreement and may, as determined appropriate by the Director of Public Safety, exceed the term of the funding agreement and continue even if the funding agreement is terminated early under the terms of the funding agreement.

Section 5. That the agreements authorized in this ordinance shall be prepared by the Director of Law.

Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 114-2020 Official Proceedings – City Council January 31, 2020 The City Record 14

Ordinance No. 115-2020

Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the Cleveland Scientific Examiners - Fingerprinters (FOP/OLCI); and to amend Section 28 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Cleveland Scientific Examiners - Fingerprinters (FOP/OLCI), under the terms contained in File No. 115- 2020-A, for the period from April 1, 2019, through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021

Section 2. That Section 28 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 5, 2015, Ordinance No. 322-18, passed March 26, 2018, and Ordinance No. 562-2018, passed May 14, 2018, is amended to read as follows:

Section 28. Cleveland Scientific Examiners – Fingerprinters (FOP/OLCI) That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Fingerprint Examiner $30,020.62 $47,627.71 $30,621.03 $48,530.26 2 Scientific Examiner 38,739.60 65,611.16 39,514.39 65,389.23

Section 3. That existing Section 28 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 5, 2015, Ordinance No. 322-18, passed March 26, 2018, and Ordinance No. 562-2018, passed May 14, 2018, is repealed.

First Reading Emergency Ordinances Referred Ord. No. 115-2020 Official Proceedings – City Council January 31, 2020 The City Record 15

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Human Resources; Finance; and Law; Committee on Finance.

First Reading Emergency Ordinances Referred Ord. No. 115-2020 Official Proceedings – City Council January 31, 2020 The City Record 16

Ordinance No. 116-2020

Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the Cleveland Utility Workers Union of America, Local 270; and to amend Section 12 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Cleveland Utility Workers Union of America, Local 270, under the terms contained in File No. 116-2020- A, for the period from April 1, 2019, through March 31, 2022, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase 2% April 1, 2019 2% April 1, 2020 2% April 1, 2021

Section 2. That Section 12 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 9-18, passed January 22, 2018 and Ordinance No. 320-18, passed March 26, 2018, is amended to read as follows:

Section 12. Cleveland Utility Workers Union of America, Local 270. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1 Building Stationary Engineer $20.05 $21.28 $20.86 $21.70 2 Chief Building Stationary Engineer 21.43 22.75 22.30 23.20 3 Chief Stationary Engineer 22.76 24.15 23.68 24.64 4 Stationary Boiler Room Operator 20.80 22.07 21.64 22.51 5 Water Plant Operator I 20.09 28.65 6 Water Plant Operator II 20.09 28.65 7 5 Water Plant Operator 20.49 21.32 29.93 30.47

Section 3. That existing Section 12 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 9-18, passed January 22, 2018 and Ordinance No. 320- 18, passed March 26, 2018, is repealed.

First Reading Emergency Ordinances Referred Ord. No. 116-2020 Official Proceedings – City Council January 31, 2020 The City Record 17

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Human Resources; Finance; and Law; Committee on Finance.

First Reading Emergency Ordinances Referred Ord. No. 116-2020 Official Proceedings – City Council January 31, 2020 The City Record 18

Ordinance No. 119-2020

Council Members: Griffin, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into a grant agreement with Burten Bell Call Inc., or its designee, to provide economic development assistance to partially finance costs associated with acquisition, stabilization and holding commercial properties along the Buckeye Road corridor between East 116th and East 130th Streets.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Economic Development is authorized to enter into a grant agreement with Burten Bell Carr Inc., or its designee (“Burten Bell”), to provide economic development assistance to partially finance costs associated with acquisition, stabilization and holding commercial properties along the Buckeye Road corridor between East 116th and East 130th Streets. The agreement shall also contain a provision that, if Burten Bell disposes of any properties acquired under this agreement, any proceeds due the City shall be deposited into Fund 17 to be used for future acquisitions and acquisition-related activities in support of the Neighborhood Transformation Activities.

Section 2. That the agreement and other appropriate documents needed to complete the transaction authorized by this legislation shall be prepared by the Director of Law.

Section 3. That the contract authorized in this legislation will require the recipients of financial assistance to work with, and/or cause their tenants to work with, The Workforce Investment Board for Workforce Area No. 3 to identify and solicit qualified candidates for job opportunities related to the City’s contracts, and place special emphasis on the hard to employ, including but not limited to the disabled and persons who have been convicted of or have pled guilty to a criminal offense, unless the criminal conviction or circumstances relate to the duties for the particular job sought.

Section 4. That the costs of the grant shall not exceed an amount of $1,200,000 and shall be paid from Fund No. 01-9997-6985, Request No. RQS 9501, RL 2020-4.

Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

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Referred to the Directors of Economic Development; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 119-2020 Official Proceedings – City Council January 31, 2020 The City Record 20

Ordinance No. 120-2020

Council Members: Griffin, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Building and Housing to enter into one or more contracts with The Center on Urban Poverty and Community Development, Case Western Reserve University, for professional services necessary to perform lead-safe auditor services, for a period of two years, with two one-year options to renew, exercisable by the Director of Building and Housing.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Building and Housing is authorized to enter into one or more contracts with The Center on Urban Poverty and Community Development, Case Western Reserve University for professional services necessary to perform lead safe auditor services to monitor the City lead-safe certification process to ensure efficiency and effectiveness and other related services including but not limited to maintaining a list of certified inspectors and contractors and coordinating regular monitoring and reporting with the Lead-Safe Advisory Board and other appropriate entities, on the basis of its proposal dated December 12, 2019, for the Department of Building and Housing, for a period of two years, with two one-year options to renew, exercisable by the Director of Building and Housing. The contract or contracts shall be paid from Fund No. 01-8501-6320, RQS 8501, RL 2019-129.

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Building and Housing; Finance; and Law; Committees on Health and Human Services; Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 120-2020 Official Proceedings – City Council January 31, 2020 The City Record 21

Ordinance No. 121-2020

Council Members: Cleveland and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Port Control to lease certain warehouse space on City Dock 32 located at 101 Erieside Avenue for storage purposes to The Cleveland Browns Stadium Company LLC, for a term of one year, with a one-year option to renew, exercisable by the Director of Port Control.

WHEREAS, the City of Cleveland owns certain warehouse space on City Dock 32 located at 101 Erieside Avenue which is not needed for the City’s public use; and

WHEREAS, The Cleveland Browns Stadium Company LLC has proposed to lease the property from the City for the purpose of storage; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That notwithstanding and as an exception to the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Port Control is authorized to lease approximately 9,600 square feet of warehouse space located on City Dock 32 located at 101 Erieside Avenue to The Cleveland Browns Stadium Company LLC (“Lessee”), which is not needed for the City’s public use.

Section 2. That the term of the lease authorized by this ordinance shall not exceed a term of one year, with a one-year option to renew, exercisable by the Director of Port Control.

Section 3. That the space authorized by this ordinance shall be leased at fair market value as determined by the Board of Control.

Section 4. That the lease may authorize the Lessee to make improvements to, and maintain, the leased premises subject to the approval of appropriate City agencies and officials.

Section 5. That the lease shall be prepared by the Director of Law.

Section 6. That the Director of Port Control, the Director of Law, and other appropriate City officials are authorized to execute any other documents and certificates, and take any other actions which may be necessary or appropriate to affect the lease authorized by this ordinance.

First Reading Emergency Ordinances Referred Ord. No. 121-2020 Official Proceedings – City Council January 31, 2020 The City Record 22

Section 7. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Port Control; City Planning Commission; Finance; and Law; Committees on Transportation; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 121-2020 Official Proceedings – City Council January 31, 2020 The City Record 23

Ordinance No. 122-2020

Council Members: J. Jones, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of East 176th Street.

WHEREAS, under Resolution No. 78-2019, adopted March 25, 2019, this Council declared its intention to vacate a portion of East 176th Street; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments motioned to approve the above vacation pending consolidation of the parcels; and

WHEREAS, on December 18, 2019, upon verifying the consolidation of the parcels, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above and that it will not be detrimental to the general interest and that it should be made; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council declares that the following described real property is vacated:

A portion of East 176th Street

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of East 176th Street in the Miles-Melbourne Subdivision of part of Original Warrensville Township Lot 83. Recorded in Volume 96 of Maps, Page 39 of Cuyahoga County Records, further described as follows:

Being all that portion of East 176th Street (40.00 feet wide) extending from the South line of Miles Avenue S.E. (86.00 feet wide) to that portion of East 176th Street vacated by City of Cleveland ordinance 1717-58, passed September 17, 1958, as shown on the recorded Vacation Plat of Parts of East 176th Street and Manoa Avenue S.E. in Volume 171 of Maps, Page 33 of Cuyahoga County Records.

First Reading Emergency Ordinances Referred Ord. No. 122-2020 Official Proceedings – City Council January 31, 2020 The City Record 24

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for the Division of Water and the Illuminating Company (CEI). That no structures shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by the Division of Water, the Illuminating Company (CEI) and the City of Cleveland.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 122-2020 Official Proceedings – City Council January 31, 2020 The City Record 25

Ordinance No. 123-2020

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of Gehring Avenue.

WHEREAS, under Resolution No. 407-2019, adopted June 3, 2019, this Council declared its intention to vacate a portion of Gehring Avenue; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on December 18, 2019, the Board of Revision of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above and that it will not be detrimental to the general interest and that it should be made; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council declares that the following described real property is vacated:

A PORTION OF GEHRING AVE.

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio, and being part of original Brooklyn Township Lot Number 69, being part of Gehring Avenue (66 feet wide), originally dedicated as Brainard Street as part of Willeyville Allotment as recorded in Plat Book 2, Page 16, being further bounded and described as follows:

Commencing at a stone with a drill hole found on the centerline of Chatham Ave. (66 feet wide) and the west right of way line of West 25th Street (82.55 feet wide); thence on the extension of the centerline of said Chatham Avenue N 58° 04' 00" E for a distance of 120.93 feet; thence N 31° 56' 00" W for a distance of 23.00 feet to a rebar set at the intersection of the west right of way line of said Gehring Avenue; with the north right of way line of said Chatham Avenue and the southeast corner of Ohio City Legacy LLC as recorded in AFN 201901150661, said rebar being the POINT OF BEGINNING of the parcel of land hereinafter described:

First Reading Emergency Ordinances Referred Ord. No. 123-2020 Official Proceedings – City Council January 31, 2020 The City Record 26

1. Thence on the west right of way line of said Gehring Avenue and the east line of said Ohio City Legacy LLC, N 0° 37' 09" W for a distance of 557.08 feet to a rebar set;

2. Thence on the west right of way line of said Gehring Avenue and the east line of said Ohio City Legacy LLC, northwesterly on a curve to the left, having an arc distance of 31.62 feet, a central angle of 120° 47' 54", a radius of 15.00 feet, and a chord bearing N 61° 01' 06" W for a chord distance of 26.08 feet to a rebar set on the south right of way line of Lorain Avenue (102 feet wide);

3. Thence N 58° 34' 57" E for a distance of 39.88 feet to a drill hole set;

4. Thence S 31° 25' 03" E for a distance of 4.73 feet to a drill hole set;

5. Thence S 0° 37' 09" E for a distance of 577.80 feet to a drill hole set;

6. Thence S 58° 04' 00" W for a distance of 16.39 feet to the Point of Beginning, containing 0.1910 acres (8,321 sq.ft.) of land, more or less, and subject to all easements, restrictions and covenants of record.

The above description prepared by Steven L. Mullaney, P.S. 7900 of Glaus, Pyle, Schomer, Burns & DeHaven, Inc., dba GPD Group, and based on a field survey made in January of 2019.

All bearings referred to herein, are relative to grid north of the Ohio State Plane Coordinate System, North Zone, NAD83 (2011), as determined from GNSS measurements tied to the Ohio Department of Transportation’s VRS system. All rebar set are 5/8 inch diameter by 30 inch long rebar with cap marked “GPD”

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for AT&T, Cleveland Public Power, Dominion Energy and the Illuminating Company. That no structures shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by AT&T, Cleveland Public Power, Dominion Energy, the Illuminating Company (CEI) and the City of Cleveland.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

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Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 123-2020 Official Proceedings – City Council January 31, 2020 The City Record 28

Ordinance No. 124-2020

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance to vacate a portion of West 48th Street and a portion of relocated Turn Avenue S.W.

WHEREAS, under Resolution No. 79-2019, adopted March 25, 2019, this Council declared its intention to vacate a portion of West 48th Street and a portion of relocated Turn Avenue S.W.; and

WHEREAS, notice of the adoption of the above vacation was served on the abutting property owners affected by the resolution which stated a time and place when objections would be heard before the Board of Revision of Assessments; and

WHEREAS, on September 18, 2019, the Board of Revision of Assessments motioned to approve the above vacation pending the release of an objection; and

WHEREAS, on December 18, 2019, upon the release of the objection, the Board of Revisions of Assessments approved the above vacation under the provisions of Section 176 of the Charter of the City of Cleveland; and

WHEREAS, this Council is satisfied that there is good cause for vacating a portion of the above and that it will not be detrimental to the general interest and that it should be made; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council declares that the following described real property is vacated:

A portion of West 48th Street

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of West 48th Street (60.00 feet wide) of part of the Taylor and Hoyt Allotment as shown in Volume 1, Page 20 of Cuyahoga County Map Records further described as follows:

Being all that portion of West 48th Street (60.00 feet wide) extending from the south line of Lorain Avenue S.W. (99.00 feet wide) southerly to its intersection with the westerly prolongation of the south line of relocated Turn Avenue S.W. (40.00 feet wide) as shown in Map 3176 of the City of Cleveland Map Records.

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A portion of Turn Avenue S.W.

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of relocated Turn Avenue S.W. (40.00 feet wide) as shown in Map 3176 of the City of Cleveland Map Records further described as follows:

Being all that portion of said Turn Avenue S.W. (40.00 feet wide) extending from the East line of West 48th Street (60.00 feet wide) to the southerly prolongation of the West line of West 48th Place (14.00 feet wide).

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section.

Section 2. That there is reserved to the City of Cleveland an easement of full width as described above for AT&T, Cleveland Public Power, the Illuminating Company (CEI) and the Division of Water. That no structures shall be erected on the premises described in this easement except those constructed under the approval of, and in compliance with, plans approved by AT&T, Cleveland Public Power, the Illuminating Company (CEI), the Division of Water, and the City of Cleveland.

Section 3. That provided all required approvals have been obtained, the Manager of Engineering and Construction is directed to record the vacation plat in the office of the Recorder of Cuyahoga County.

Section 4. That the Clerk of Council is directed to transmit a copy of this ordinance to the Fiscal Officer of Cuyahoga County.

Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 124-2020 Official Proceedings – City Council January 31, 2020 The City Record 30

Ordinance No. 125-2020

Council Members: McCormack, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Capital Projects to employ one or more professional consultants to design Phase I of the Downtown Connector Trail; authorizing a Local Public Agency agreement with the Ohio Department of Transportation; applying and accepting any gifts, grants or other funding; authorizing the Commissioner of Purchases and Supplies to acquire for right-of-way purposes such real property or easements; and authorizing other agreements.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Capital Projects is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to design Phase I of the Downtown Connector Trail (the “Design”). The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Capital Projects from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Capital Projects for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Capital Projects, and certified by the Director of Finance.

Section 2. That the Director of Capital Projects is authorized to enter into a Local Public Agency agreement with the Ohio Department of Transportation to partially finance the Design.

Section 3. That the Mayor is authorized to apply for and accept any gifts of cash, services, or property, and any grants or other funding from any public or private entity or source, including Federal funds in the approximate amount of $1,500,000 to partially finance the Design; and that the Director is authorized to file all papers and execute all documents necessary to receive any funds; and that the funds are appropriated for the purposes described in this ordinance.

Section 4. That, notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Commissioner of Purchases and Supplies is authorized to acquire for right-of-way purposes such real property or temporary or

First Reading Emergency Ordinances Referred Ord. No. 125-2020 Official Proceedings – City Council January 31, 2020 The City Record 31 permanent easements that are necessary for the Design. The consideration to be paid for the property or easements shall not exceed fair market value.

Section 5. That the Director of Capital Projects is authorized to execute on behalf of the City all documents necessary to acquire the property and to employ and pay all fees for title companies, surveys, escrows, appraisers, and all other costs necessary to acquire, accept, and record the property or easements.

Section 6. That, when appropriate, the Director of Capital Projects is authorized to enter into one or more contracts with the railroads, the Greater Cleveland Regional Transit Authority, the Northeast Ohio Regional Sewer District and other entities to obtain services or to acquire property rights such as easements and licenses necessary for the Design.

Section 7. That the Director of Capital Projects is authorized to accept a cash contribution from public or private entities, for infrastructure restoration costs associated with relocating, rehabilitating or reconstructing utility infrastructure for the Design. The Director of Capital Projects is authorized to enter into agreements with the entities for this purpose.

Section 8. That the Director of Capital Projects is authorized to enter into any agreements necessary to implement this ordinance.

Section 9. That the cost of the contracts and other expenditures authorized in this ordinance shall be paid from Fund Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 SF 554, 20 SF 563, 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, from the fund or funds to which are credited the proceeds from the sale of any future bonds issued for this purpose, from the fund or funds to which are credited any cash, grants, or other funding, including Federal funds received for this purpose, and any other funds approved by the Director of Finance for this purpose. (RQS 0103, RL 2019-11)

Section 10. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of Capital Projects; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; Development, Planning and Sustainability; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 125-2020 Official Proceedings – City Council January 31, 2020 The City Record 32

Ordinance No. 145-2020

Council Member: McCormack

An emergency ordinance changing the name of “East 9th/Rockwell Park” located at East 9th Street and Rockwell Avenue to “Betty Klaric Park.”

WHEREAS, the late Betty Klaric was a pioneering environmental reporter for the Cleveland Press, calling national attention to the problems with the polluted Cuyahoga River and gaining her commendations and awards from President Nixon, Governor Rhodes, the Environmental Protection Agency, the Audubon Society and the Scripps- Howard media chain; and

WHEREAS, Betty Klaric was an early woman journalist in Cleveland, championing the role of women in the profession and being elected as the first woman president of Local 1 of the Cleveland Newspaper Guild, who also had a successful second career as an attorney; and

WHEREAS, Betty Klaric has been recognized by Cleveland City Council with commendation Resolution No. 649-70 in 1970 for her awards as a water conservationist and for focusing the attention of the community on the problems caused by pollution of our environment; and

WHEREAS, Cleveland just celebrated the Cuyahoga River’s revival with the fiftieth anniversary of the notorious Cuyahoga River Fire which, with Betty’s reporting, became a national symbol for environmental mismanagement and led to the passage of the Clean Water Act of 1970; and

WHEREAS, this year is the bicentennial of the 19th Amendment, establishing the right for the nation’s women to vote and thereby honoring the struggles for women like Betty Klaric to achieve equality in a male-dominated society; and

WHEREAS, Betty Klaric successfully strove in 1968 to have a small, weedy lot across Rockwell Street from the Cleveland Press Building turned into a city park, currently named East 9th/Rockwell Park, but which her colleagues termed the “Betty Klaric Park”; and

WHEREAS, the citizens of Cleveland want to honor Betty Klaric in recognition of her exceptional contributions to journalism, environmental justice, and our community; and

WHEREAS, this ordinance constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

First Reading Emergency Ordinances Referred Ord. No. 145-2020 Official Proceedings – City Council January 31, 2020 The City Record 33

Section 1. That the name of “East 9th/Rockwell Park” located at East 9th Street and Rockwell Avenue be changed to “Betty Klaric Park,” and that the Director of Public Works is authorized and directed to take the necessary action to affect said name change and to post the proper signs at the park.

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption 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 the Directors of Public Works; City Planning Commission; Finance; and Law; Committees on Municipal Services and Properties; and Development, Planning and Sustainability.

First Reading Emergency Ordinances Referred Ord. No. 145-2020 Official Proceedings – City Council January 31, 2020 The City Record 34

Ordinances and Resolutions

First Reading Ordinances Referred

An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

These ordinances were read for the first time on January 27, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 110-2020

Ord. No. 111-2020

Ord. No. 112-2020

Ord. No. 113-2020

First Reading Ordinances Referred Official Proceedings – City Council January 31, 2020 The City Record 35

Ordinance No. 110-2020

Council Member: Kazy

An ordinance establishing the Puritas Avenue Design Review District along mostly commercial properties north and south of Puritas Avenue between West 160th Street and West 137th Street, as shown on the attached map (MC 2606).

WHEREAS, Councilman Kazy has submitted a require to the City Planning Commission for the establishment of the Puritas Avenue Design Review District in accordance with the procedures outlined in Chapter 341 of the Codified Ordinances of the City of Cleveland; and

WHEREAS, the City Planning Commission has determined that the proposed Puritas Avenue Design Review District meets the criteria for designation outlined in Section 341.04 of Chapter 341 of the Codified Ordinances of the City of Cleveland, Ohio; now therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Puritas Avenue Design Review District is hereby established and includes lands located on the south side of Puritas Avenue between the centerline of West 160th Street and the northerly prolongation of the easterly line of a parcel of land known as being the southerly 120 feet of Sub Lot No. 42 in the Scott-Hall-Clark Subdivision No. 2, of part of Original Rockport Township Section No. 1 as shown by the recorded plat in Volume 43 of Maps, Page 23 of Cuyahoga County Records (PPN 02319010); and

That the Puritas Avenue Design Review District is hereby established and includes lands located on the north side of Puritas Avenue between the centerline of West 155th Street and the centerline of West 137th Street (south of Bellaire Road) as shown on the attached map.

Section 2. That the designation of lands described in Section 1 hereof as the Puritas Avenue Design Review District shall be identified as Map Change No. 2606, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

First Reading Ordinances Referred Ord. No. 110-2019 Official Proceedings – City Council January 31, 2020 The City Record 36

First Reading Ordinances Referred Ord. No. 110-2019 Official Proceedings – City Council January 31, 2020 The City Record 37

Ordinance No. 111-2020

Council Member: Kazy

An ordinance expanding the current Rockport Design Review District and the Rockport Expansion Design Review District north along West 130th Street to Puritas Avenue and south along West 130th Street to Enterprise Avenue, as shown on the attached map (Map Change 2602).

WHEREAS, Councilman Kazy has submitted a request to the City Planning Commission for expansion of the Rockport Design Review District, originally established by Ordinance Number 72-16, and the Rockport Expansion Design Review District, originally established by Ordinance Number 700-17 in accordance with the procedures outlined in Chapter 341 of the Codified Ordinances of the City of Cleveland; and

WHEREAS, such request is accompanied by a map identifying the boundaries of the proposed expanded District (Map Change 2602) coupled with the area shown in Ordinance No. 72-16 (Rockport Design Review District) & Ordinance No. 700-17 (Rockport Expansion Design Review District) which in its entirety shall now be known as the West 130th Design Review District; and

WHEREAS, the City Planning Commission has determined that, the proposed expansion area meets the criteria for designation contained in Section 341.04 of Chapter 341 of the Codified Ordinances of the City of Cleveland, Ohio, 1976; now, therefore

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Rockport Design Review District (Ordinance No. 72-16) is hereby expanded to include the lands located on the west side of West 130th Street between Astor Avenue and Enterprise Avenue; and

That the Rockport Design Review District (Ordinance No. 72-16) is hereby expanded to include the lands located on the East side of West 130th Street between Astor Avenue and the westerly prolongation of the southerly line of a parcel of land known as Sublot No. 6 of part of Original Rockport Township, Section No. 1, as shown by the recorded plat in Volume 59 of Maps, Page 8 of Cuyahoga County Records (PPN 02015023) as shown on the attached map.

Section 2. That the Rockport Expansion Design Review District (Ordinance No. 700- 17) is hereby expanded to include the lands located east of West 130th Street between Erwin Avenue and the westerly prolongation of the northerly line of Sublot No. 5 in the Clark Manchester Home site Nos. 3 and 5 Subdivision of part of Original Rockport Township Section No. 1, as shown by the recorded plat in Volume 54 of Maps, Page 36 of Cuyahoga County Records (PPN 02009134); and

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That the Rockport Expansion Design Review District (Ordinance No. 700-17) is hereby expanded to include the lands located west of West 130th Street (stretching from West 130th Street to the Cleveland, Cincinnati, Chicago & St. Louis (Big 4) Railroad) between the northerly line of a parcel of land conveyed to Gary Weiss & Donald May by deed as recorded by Auditor’s File Number (AFN) 00081246 dated May 29, 1991, in Book 13101, Page 2 of Cuyahoga County Records (PPN 02003114) and the northeasterly prolongation of the vacated centerline of Puritas Avenue to its intersection with the centerline of West 130th Street;

And together, coupled with the Rockport Design Review District and the Rockport Expansion Design Review District, as identified on the attached map shall be expanded, changed to and designated as the West 130th Street Design Review District.

Section 3. That the designation of lands described in Section 1 and Section 2 shall be identified as Map Change No. 2602, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

First Reading Ordinances Referred Ord. No. 111-2020 Official Proceedings – City Council January 31, 2020 The City Record 39

Figure 1. Proposed Map Change 2602

First Reading Ordinances Referred Ord. No. 111-2020 Official Proceedings – City Council January 31, 2020 The City Record 40

Figure 2. Depicts Expansion of Ordinance 72-16 (Rockport Design Review District) and Ordinance 700-17 (Rockport Expansion Design Review District) coupled with Map Change #2602 to form new West 130th Street Design Review District.

First Reading Ordinances Referred Ord. No. 111-2020 Official Proceedings – City Council January 31, 2020 The City Record 41

Ordinance No. 112-2020

Council Member: Kazy

An ordinance changing the Use, Area & Height District of parcels of land immediately north and south of Puritas Avenue from West 160th Street to West 137th Street as shown on the attached map (Map Change 2604).

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, that the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of Puritas Avenue (formerly Puritas Springs Avenue S.W.) and the centerline of West 160th Street;

Thence, easterly along the centerline of Puritas Avenue to its intersection with the centerline of West 155th Street:

Thence, northerly along the centerline of West 155th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 50 in the Bargale Land Co., Inc. Robert Sacks Allotment of part of Original Rockport Township Section No. 9, as shown by the recorded plat in Volume 159 of Maps, Page 8 of Cuyahoga County Records also known as Permanent Parcel Number (PPN) 027-26-034;

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of Sublot No. 61 in the Conger-Helper Realty Company’s Riverside Drive Subdivision of part of Original Rockport Township Section No. 8, as shown by the recorded Plat in Volume 67 of Maps, Page 17 of Cuyahoga County Records (PPN 027-26- 009);

Thence, northerly along said easterly line to its intersection with the southerly line of Sublot No. 8 in the Davis Kinchen Subdivision of part of the Original Rockport Township Section 9, as shown by the recorded plat in Volume 178 of Maps, Page 32 of Cuyahoga County Records (PPN 027-26-046);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the easterly line of Sublot No. 5 in the Davis-Kinchen Subdivision of part of Original Rockport Township, Section 9, as recorded in Volume 178 of Maps, page 32 of Cuyahoga County Records (PPN 027-26-053);

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the southerly line of a parcel of land conveyed by deed to Molly Musca on December 3, 1976, as recorded by Auditor’s File Number (AFN) 00045633 in Book 14417, Page 535 of Cuyahoga County Fiscal Records (PPN 027-26-003);

First Reading Ordinances Referred Ord. No. 112-2020 Official Proceedings – City Council January 31, 2020 The City Record 42

Thence, easterly along said southerly line to its intersection with the lower westerly line thereof;

Thence, southerly along said westerly line to its intersection with the southerly line thereof;

Thence, easterly along said southerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by Standard Oil Co. by deed on April 12, 1977, as recorded by AFN 00089196 in Book 14456, Page 927 (PPN 027-26-004) of Cuyahoga County Fiscal Records;

Thence, easterly along said westerly prolongation and its easterly prolongation to its intersection with the centerline of West 150th Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Gund Co. by deed dated December 11, 1984, as recorded by AFN 01117217 in Book 45866, Page 47 of Cuyahoga County Fiscal Records (PPN 023-01-020);

Thence, easterly along said northerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Puritas Avenue,

Thence, easterly along said centerline to its intersection with the westerly line of a parcel of land conveyed by John & Helen Konkoy to Buckeye PH Inc., dated September 10, 1976, as recorded by AFN 00014174 in Book 14289, Page 533 of Cuyahoga County Fiscal Records (PPN 023-01-005);

Thence, northerly along said westerly line to its intersection with the northerly line thereof;

Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land conveyed to David Coury on September 29, 1995, as recorded by AFN 00106345 in Book 8284, Page 22 of Cuyahoga County Fiscal Records (PPN 023-01- 006);

Thence, northerly along said westerly line to its intersection with the northerly line thereof;

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of Sublot No. 91 in Puritas Development Co.’s Puritas Villas

First Reading Ordinances Referred Ord. No. 112-2020 Official Proceedings – City Council January 31, 2020 The City Record 43

Subdivision of part of Original Rockport Township No. 9., as shown by the recorded plat in Volume 107 of Maps, Page 21 of Cuyahoga County Records (PPN 023-04-084);

Thence, southerly along said westerly line and its southerly prolongation to its intersection with the northerly line of a parcel of land known as being Block “C” in the Puritas Villas Subdvision of part of Original Rockport Township No. 9, as shown by the recorded plat in Volume 107 of Maps, Page 21 of Cuyahoga County Records (PPN 023- 04-001);

Thence, easterly along said northerly line to its intersection with the centerline of West 146th Street;

Thence, easterly along the westerly prolongation of the northerly line of parcel of land known as being part of Block “B” in the Puritas Development Company’s Puritas Villas Subdivision of part of Original Rockport Township Lot No. 9 as shown by recorded plat in Volume 107 of Maps, Page 21 of Cuyahoga County Records (PPN 023-04-002) and continuing along the easterly prolongation of said northerly line to its intersection with the westerly line of a parcel of land conveyed to Joseph J. Burke, Trustee of the Joan Helen Burke Family Trust u/t/a (dated November 15, 2004) dated June 9, 2010, as recorded by AFN 2014006160160 (PPN 023-04-006);

Thence, northerly along said westerly line to its intersection with the northerly line thereof;

Thence, easterly along said northerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the northerly line of a parcel of land conveyed by deed to Donald, Mary & Robert Bernath dated March 2, 1989, as recorded by AFN 00706211 in Book 91025, Page 27 of Cuyahoga County Fiscal Records (023-04-007);

Thence, easterly along said northerly line to its intersection with the easterly line thereof;

Thence, southerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed to Nazmi Khaleq by deed dated June 8, 1984, as recorded by AFN 01038361 in Book 42516, Page 9 of Cuyahoga County Fiscal Records (PPN 023-04- 008);

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of a parcel of land conveyed to Billy & Rosa Owens by deed dated August 19, 1977, as recorded by AFN 0014888 in Book 14609, Page 337 of Cuyahoga County Fiscal Records (PPN 023-07-028);

Thence, northerly along said westerly line to its northerly line thereof;

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Thence, northeasterly along said northerly line to its intersection with the westerly line of a parcel of land conveyed to Karen Chizmarik by deed dated July 17, 2006, as recorded in AFN 200607171288 of Cuyahoga County Fiscal Records (PPN 023-07-030);

Thence, northerly along said westerly line to its intersection with the northerly line thereof;

Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land conveyed by Quit Claim Deed to Richard Lennon dated December 28, 2016, as recorded by AFN 201612280373 of Cuyahoga County Fiscal Records (PPN 023- 07-031);

Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Driveway;

Thence, easterly and southerly along said driveway to its intersection with the westerly prolongation of the northerly line of PPN 023-07-035;

Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land also known as Sublot No. 16 and part of Original Rockport Township Lot No. 9 PPN 023-07-051 (Sublot No. 16);

Thence, southerly along said westerly line and its southerly prolongation to its intersection with the northerly line of a parcel of land conveyed by deed to Bishop Edw. Hoban and known as Sublot No. 1 of part of Original Rockport Township Lot No. 9 (PPN 023-07-036)

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of West 140th Street (formerly West Park);

Thence, northerly along the centerline of West 140th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land known as being part of Sublot No. 13 in the Acre Land Company’s Subdivision of part of the Original Rockport Township Lot. N0. 10 (PPN 023-12-074);

Thence, easterly along said westerly prolongation to its intersection with the westerly line of a parcel of land conveyed by Alfred & Frederick Dettorre to Montgomery Clark by deed dated June 26, 1990, as recorded by AFN 00920586 in Book 3720, Page 31 of Cuyahoga County Fiscal Records (PPN 023-12-002);

Thence, northerly along said westerly line to its intersection with the northerly line thereof;

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed by Frederick & Alfred Dettorre by deed to Montgomery Clark on June 6, 1990, as recorded by AFN 00911351 in Book 3276, Page 41 of Cuyahoga County Fiscal Records (PPN 023-12-003);

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Thence, southerly along said easterly line to its intersection with the southerly line of a parcel of land known as being Sublot No. 4 in the Lovett Company’s Subdivision of part of Original Rockport Township Section No. 10, as shown by the recorded plat in Volume 79 of Maps, page 18 of Cuyahoga County Records (PPN 023-12-043);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of West 139th Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by Robert Joseph Conte by deed dated May 23, 1983, as recorded by AFN 00885679 in Book 135, Page 979 of Cuyahoga County Fiscal Records (PPN 023-12-022);

Thence, easterly along said prolongation to its intersection with the easterly line thereof;

Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline Bellaire Road;

Thence, northeasterly along the centerline of Bellaire Road to its intersection with the northerly prolongation of the easterly line of a parcel of land known as being Sublot No. 41 in Parkview Meadows Re-Subdivision of part of Original Rockport Township, Lot No. 7, as shown by the recorded plat in Volume 222 of Maps, page 44 of Cuyahoga County Records (PPN 023-12-013);

Thence, southerly along said northerly prolongation of said easterly line to its intersection with the centerline of Puritas Avenue;

Thence, westerly along the centerline of Puritas Avenue to its intersection with the northerly prolongation of the easterly line the southerly one hundred and twenty (120) feet of Sublot No. 42 in the Scott-Hall-Clark Settlement Road Subdivision No. 2, of part of Original Rockport Township Section No. 1, as shown by the recorded plat in Volume 43 of Maps, Page 23 of Cuyahoga County Records (PPN 023-19-010);

Thence, southerly along said northerly prolongation of the easterly line of the aforementioned parcel to its intersection with the southerly line thereof;

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 140th (formerly Belton) Street;

Thence, southerly along said centerline to its intersection with the easterly prolongation of the southerly line of Sublot No. 4 in the Scoyt-Hall-Clark Settlement Road Subdivision No. 2 of part of Original Rockport Township Section No. 4, as shown by the recorded plat in Volume 43 of Maps, page 23 of Cuyahoga County Records and also known as PPN 023-19-069;

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Thence, westerly along said prolongation to its intersection with the westerly line thereof;

Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Puritas Avenue;

Thence, westerly along the centerline of Puritas Avenue to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed to Mcdonalds Corp by deed dated November 7, 1989, as recorded by AFN 00818854 in Book 96110, Page 56 of Cuyahoga County Fiscal Records (PPN 023-22-001);

Thence, southerly along said easterly line to its intersection with the southerly line thereof;

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West Parkway Road;

Thence, northwesterly along the centerline of West Parkway to its intersection with the northeasterly prolongation of the southerly line of a parcel of land known as Sublot No. 13 in Joseph E. Bacon’s Puritas-West 143rd Subdivision of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 100 of Maps, Page 4 of Cuyahoga County Records (PPN 023-18-013);

Thence, southwesterly along said southerly line and its westerly prolongation to its intersection with the westerly line of a parcel of land known as being Sublot No. 118 and the northerly one (1) foot of Sublot No. 119 in Joseph E. Bacon’s Puritas - West 143rd Subdivision of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 100 of Maps, Page 4 of Cuyahoga County Records (PPN 023- 18-118);

Thence, southerly along said westerly line to its intersection with the southerly line of a parcel of land known as being part of Sublot No. 521 in the S.H. Kleinman Realty Co’s Glenmore Gardens Subdivision, of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 47 of Maps, Page 20 of Cuyahoga County Records (PPN 023-15-001);

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 146th Street;

Thence, northerly along the centerline of West 146th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land known as being Sublot No. 520 in the aforementioned Subdivision (PPN 023-15-003);

Thence, westerly along said easterly prolongation of said southerly line and continuing along its easterly prolongation to its intersection with the centerline of West 148th Street;

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Thence, northerly along said centerline to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by Richard & Patricia Hilko by deed dated April 1, 1999, as recorded in AFN 199904010815 of Cuyahoga County Fiscal Records (PPN 023-15-015);

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 150th Street;

Thence, northerly along said centerline to its intersection with the easterly prolongation of the southerly line of a parcel of land known as part of Sublot No’s. 1,2, 3, 4, and 5 in the Forkapa Realty Company’s Milan Subdivsion, proposed, part of Original Rockport Township, Section No. 2, and being further known as Parcel 1 in the plat of Lot Split for G.G.F., Inc. recorded in Volume 238, Page 11 of Cuyahoga County Map Records (PPN 028-32-011);

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land known as being Sublot No. 74 in Fodor Subdivision No. 1 of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 150 of Maps, Page 34 of Cuyahoga County Records (PPN 028-29-055);

Thence, southerly along said easterly line to its intersection with the southerly line thereof;

Thence, westerly along said southerly line to its intersection with the easterly line of a parcel of land known as Sublot No. 71 in Fodor Subdivision No. 1 of part of Original Rockport Township Section No. 2, as shown by the recorded platin Volume 150, Page 34 of Cuyahoga County Records (PPN 028-29-092);

Thence, northwesterly along said easterly line to its intersection with the northerly line thereof;

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the southeasterly line of a parcel of land conveyed to Nicholas & Loida Castaneda by deed dated July 10, 1998, as recorded in AFN 0080218 in Book 8781, Page 51 of Cuyahoga County Map Records (PPN 028-29-051);

Thence, southwesterly along said line to its intersection with the southerly line of a prcel of land conveyed to Advance Data Systems Inc by deed dated June 3, 1977, as recorded by AFN 00111544 in Book 14476, Page 891 of Cuyahoga County Map Records (PPN 028- 29-050);

Thence, westerly along said southerly line to its intersection with the easterly line of a parcel of land known as being part of Sublot Nos. 1 & 2 in the S.H. Kleinman Realty Company’s Brookline Allotment of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 46 of Maps, Page 29 of Cuyahoga County Records (PPN 028-29-005);

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Thence, southerly along said easterly line to its intersection with the southerly line thereof;

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land known as being Sublot No. 4 in the Elworthy-Helwick Company’s Lyndhurst Allotment, being a re-subdivision of Blocks F, G, and H in the Daso Subdivision of part of Original Rockport Township Section No. 2, as shown by the recorded plat in Volume 33 of Maps, Page 2, and re-recorded in Volume 101 of Maps, Page 16 of Cuyahoga County Records (PPN 028-28-052);

Thence, northerly along said easterly line to its intersection with the northerly line thereof;

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Franchise Realty Interstate Group dated May 9, 1977, as recorded by AFN 00099888 in Book 14455, Page 357 of Cuyahoga County Fiscal Records (PPN 028-28-073);

Thence, northerly along said easterly line to its intersection with the northerly line thereof;

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of West 160th Street;

Thence, northerly along the centerline of West 160th Street to its intersection with the centerline of Puritas Avenue and the point of origin;

And as identified on the attached map shall be changed to a 'Local Retail', a 'G' Area District and a '2' Height District.

Section 2. That the change of zoning of lands described in Section 1 shall be identified as Map Change No. 2604, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

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First Reading Ordinances Referred Ord. No. 112-2020 Official Proceedings – City Council January 31, 2020 The City Record 50

Ordinance No. 113-2020

Council Member: McCormack

An ordinance changing the Area Districts of parcels along Lorain Ave and West 41st Street south of Fulton Court as identified on the attached map. (Map Change No. 2607); and subjecting an area titled the Site Development Boundary to Section 333.02 of the Cleveland Zoning Code; and attaching the Approved Site Development Plan.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Use District of lands bounded and described as follows: Beginning at the intersection of Lorain Ave and West 41st Street;

Thence northerly along the centerline of West 41st Street to its intersection with the centerline of Fulton Court;

Thence easterly along the centerline of Fulton Court to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed to Prayer Unlimited by deed dated November 17, 2004, and recorded in Cuyahoga County Auditors File number 200411171743 and also known as Cuyahoga County permanent parcel number 003-35-045;

Thence southerly along said easterly line and its prolongation to its intersection with the centerline of Lorain Ave;

Thence westerly along said centerline to the place of origin;

And as identified on the attached map shall be changed to a ‘Local Retail District’ District, a ‘G’ Area District and a ‘3’ Height District;

Section 2. That the Use District of lands bounded and described as follows:

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and being part of SubLots Nos. 417 and 419, and all of SubLot No. 418, in Barber & Lord Subdivision of part of Original Brooklyn Township Lots Nos. 51, 52, 69 and 70, as shown by the Recorded Plat in Vol. 11 of Maps, Pg. 26 of Cuyahoga County Records, bounded and described as follows:

Beginning at the Intersection of the Northerly Line of Lorain Avenue (66 feet wide), and the Easterly Line of Randall Road (66 feet wide);

Thence N 26°05'17"W, along said Easterly Line of Randall Road, a distance of 171.17 feet, to the Southwesterly Corner of a Parcel of Land belonging to Roger S. Zona, by Deed Dated: 10/30/2003, A.F.N.: 200310301018;

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Thence N 64°02'38"E, along the Southerly Line of said Roger S. Zona Parcel and parallel to said Lorain Avenue, a distance of 50.46 feet, to a point on the Westerly Line of SubLot No. 418 as aforesaid;

Thence N 25°56'04"W, along said Westerly Line of SubLot No. 418, a distance of 47.34 feet, to a point on the Southerly Line of Fulton Court (16 feet wide);

Thence N 61°10'26"E, along said Southerly Line of Fulton Court, a distance of 84.97 feet, to a point;

Thence S 25°58'15"E, a distance of 222.76 feet, to a point on the Northerly Line of Lorain Avenue as aforesaid;

Thence S 64°02'38"W, along said Northerly Line of Lorain Avenue, a distance of 135.00 feet, to the Point of Beginning; said described tract containing 27,337 Sq.Ft., 0.6276 Acres, more or less.

And as identified on the attached map shall be established as the 'Site Development Boundary';

Section 3. That the lands described in Section 2 of this Ordinance shall, in perpetuity, be exempted from the requirements set forth in the Chapter 349.01 of the Cleveland Codified Ordinances or any subsequent regulations that regulate the number of parking spaces required for automobiles.

Section 4. In accordance with Section 333.02 of the Cleveland Zoning Code, within a period of six (6) months from the effective date of this zoning map amendment or within such extension period approved by the Planning Commission, the only allowable building permits issued for the property described in Section 1 of this legislation shall be for the construction of the Development as presented in the attached Approved Site Development Plan.

Section 5. That the change of zoning of lands described in Section 1 shall be identified as Map Change No. 2607, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 6. In accordance with Section 333.02 of the Cleveland Zoning Code, if a building permit for such Development is not issued within six (6) months from the effective date of this zoning map amendment or within such extension period approved by the Planning Commission, this zoning map amendment approval shall be void and the zoning shall revert to the classifications that existed prior to the approval of this zoning map amendment.

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Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to the Directors of City Planning Commission; and Law; Committee on Development, Planning and Sustainability.

Zoning Change Map

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Site Development Boundary

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Approved Site Development Plan

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Ordinances and Resolutions

First Reading Emergency Ordinances Read in Full and Passed

An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

These ordinances were read for the first time on January 27, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 108-2020

Ord. No. 118-2020

Ord. No. 154-2020

Ord. No. 155-2020

First Reading Emergency Ordinances Read in Full and Passed Official Proceedings – City Council January 31, 2020 The City Record 58

Ordinance No. 108-2020

Council Member: Kelley

An emergency ordinance to repeal Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 742-11 passed May 23, 2011, and Section 115.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 2454-03, passed December 15, 2003, relating to fees for publications and services and distribution of the City Record.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 742-11, passed May 23, 2011, is repealed.

Section 2. That Section 115.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 2454-03, passed December 15, 2003, is repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 108-2020 Official Proceedings – City Council January 31, 2020 The City Record 59

Ordinance No. 118-2020

Council Members: Kazy and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to make alterations and modifications in Contract No. PI 2017-57 with J.W. Didado Electric, LLC for the southern transmission line construction project.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to make the following alterations and modifications in Contract No. PI 2017-57 with J.W. Didado Electric, LLC for the southern transmission line construction project:

Subsidiary Additions – New Items

Additional video investigation, demobilization, cable storage and ground tail replacements $566,694.73

Dewatering vaults, removing and disposal of P-Lines, sanding of defects 224,224.00

Cleaning, flushing, pigging, capping of conduits 134,904.00

Duct mandrel proofing in accordance with June 14, 2019, proposal letter 185,115.00

Procurement of new P-Line material to be installed 5,940.00

Installation of new P-Line 75,514.50

Estimated expense for City of Cleveland traffic control support for re-installation of P-Line 22,141.00

Spot repair allowance based on mandrel proofing results 300,000.00

Subtotal $1,514,533.23 Contingency + 151,453.32

TOTAL SUBSIDIARY ADDITIONS $1,665,986.55

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 118-2020 Official Proceedings – City Council January 31, 2020 The City Record 60

Original Contract Amount $18,748,884.00 Total Subsidiary Additions + 1,665,986.55 New Contract Amount $20,414,870.55 which alteration has been recommended in writing by the Director of Public Utilities, countersigned by the Mayor, and consented to by the surety on the contract. The price to be paid for the alterations and modifications to the contract has been agreed upon in writing and signed by the Director of Public Utilities and the contractor. This alteration will cause an increase in the amount of the original contract in the sum of $1,665,986.55 to be paid from Fund No. 58 SF 001, and from the fund or funds to which are credited the proceeds from the sale of any future revenue bonds if sold for this purpose. (RQS 2004, RL 2019-128)

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 118-2020 Official Proceedings – City Council January 31, 2020 The City Record 61

Ordinance No. 154-2020

Council Members: Cleveland and B. Jones

An emergency ordinance consenting and approving the issuance of a permit for the Hermes Chili Bowl Classic 5K on February 29, 2020, managed by Hermes Sports & Events.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That pursuant to Section 411.06 of the Codified Ordinances of Cleveland, Ohio 1976, this Council consents to and approves the holding of the Hermes Chili Bowl Classic 5K on February 29, 2020, start: Chester Avenue at the Hofbrauhaus heading east; turn right onto East 55th Street; turn right onto Euclid Avenue heading west; turn right onto East 18th Street; turn left onto Chester Avenue to finish at the Hofbrauhaus; provided that the applicant sponsor shall meet all the requirements of Section 411.05 of the Codified Ordinances of Cleveland, Ohio, 1976. Streets may be closed as determined by the Chief of Police and safety forces as may be necessary in order to protect the participants in the event. Said permit shall further provide that the City of Cleveland shall be fully indemnified from any and all liability resulting from the issuance of the same, to the extent and in form satisfactory to the Director of Law.

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 154-2020 Official Proceedings – City Council January 31, 2020 The City Record 62

Ordinance No. 155-2020

Council Member: McCormack

An emergency ordinance consenting and approving the issuance of a permit for the Cleveland St. Patrick’s Day Run on March 7, 2020, managed by Hermes Sports & Events.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That pursuant to Section 411.06 of the Codified Ordinances of Cleveland, Ohio 1976, this Council consents to and approves the holding of the Cleveland St. Patrick’s Day Run on March 7, 2020, start: West. 6th Street; head south on West 6th Street; turn left on St. Clair Avenue; turn left on West 3rd Street; turn right on Alfred Lerner Way; continue onto North Marginal Road; turnaround on North Marginal Road; continue onto Alfred Lerner Way; turn left on West 3rd Street; turn right on St. Clair Avenue; turn right on West 6th Street; finish on West 6th Street; provided that the applicant sponsor shall meet all the requirements of Section 411.05 of the Codified Ordinances of Cleveland, Ohio, 1976. Streets may be closed as determined by the Chief of Police and safety forces as may be necessary in order to protect the participants in the event. Said permit shall further provide that the City of Cleveland shall be fully indemnified from any and all liability resulting from the issuance of the same, to the extent and in form satisfactory to the Director of Law.

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

First Reading Emergency Ordinances Read in Full and Passed Ord. No. 155-2020 Official Proceedings – City Council January 31, 2020 The City Record 63

Ordinances and Resolutions

First Reading Emergency Resolutions Referred

A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.

Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

If not adopted under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

These resolutions were read for the first time on January 27, 2020, and referred to the appropriate City departments and Council Committees for review.

Click on a resolution below to read it:

Res. No. 143-2020

First Reading Emergency Resolutions Referred Official Proceedings – City Council January 31, 2020 The City Record 64

Resolution No. 143-2020

Council Members: B. Jones and J. Jones

An emergency resolution Opposing an unauthorized United States war on Iran.

WHEREAS, on January 3, 2020, the President of the United States ordered the assassination of Iranian general Qasem Soleimani on Iraqi soil; and

WHEREAS, no state of war presently exists between the United States and Iran, and any attack in or against Iran without congressional authorization is a violation of the laws and Constitution of the United States; and

WHEREAS, this Council further believes this attack was a violation of international law; and

WHEREAS, President Trump has threatened further strikes on up to 52 critically important sites in Iran, action that would inevitably result in a wider and much more dangerous conflict that would have enormous and negative consequences for tens of millions of people in the region; as well as for the economies and civil societies of nations around the world, including the United States; and

WHEREAS, waging an unnecessary and unauthorized war would result in the diversion of national and local resources from Cleveland, the U.S. and the world; and would create needless human suffering for people and families everywhere; and

WHEREAS, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council opposes an unauthorized United States war on Iran.

Section 2. That the Clerk of Council is directed to transmit copies of this resolution to the President of the United States and all members of the United States Congress.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption 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 the Committee on Finance.

First Reading Emergency Resolutions Referred Res. No. 143-2020 Official Proceedings – City Council January 31, 2020 The City Record 65

Ordinances and Resolutions

First Reading Emergency Resolutions Read in Full and Adopted

A resolution is an informal enactment stating a decision or expressing the opinion of Council regarding a particular item of business, an event, issue or person.

Resolutions are effective 30 days after adoption. Emergency resolutions take effect immediately upon the Mayor’s signature or 10 days after adoption.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading.

These resolutions were read for the first time on January 27, 2020, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.

Click on a resolution below to read it:

Res. No. 117-2020 Res. No. 129-2020

Res. No. 126-2020 Res. No. 130-2020

Res. No. 127-2020 Res. No. 132-2020

Res. No. 128-2020

First Reading Emergency Resolutions Read in Full and Adopted Official Proceedings – City Council January 31, 2020 The City Record 66

Resolution No. 117-2020

Council Members: Zone and Kelley

An emergency resolution appointing one member to the Civilian Police Review Board.

WHEREAS, Section 115-2 of the Charter of the City of Cleveland, effective November 8, 2016, requires that Council appoint four members to the nine-member Civilian Police Review Board; and

WHEREAS, pursuant to Charter Section 115-2, Council requested and has reviewed applications to fill a recently vacated seat for a term ending February 7, 2021, and has selected from the applicants a member to the Board whose term begins immediately upon adoption of this Resolution; and

WHEREAS, this resolution constitutes an emergency measure for the immediate preservation of public peace, property, health or safety, in that Council must fill one recently vacated seat on the Civilian Police Review Board so that it complies with its obligations under the Charter; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council hereby appoints the following individual to the Civilian Police Review Board:

Appointee Term Mylonne Sullivan January 27, 2020 – February 7, 2021

Section 2. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 117-2020 Official Proceedings – City Council January 31, 2020 The City Record 67

Resolution No. 126-2020

Council Member: J. Jones

An emergency resolution objecting to a New D3 and D3A Liquor Permit at 4143 Lee Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New D3 and D3A Liquor Permit at Tatt216 Studio, LLC, 4143 Lee Road, Cleveland, Ohio 44128, Permit No. 8827329; and

WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Council does hereby record its objection to a New D3 and D3A Liquor Permit at Tatt216 Studio, LLC, 4143 Lee Road, Cleveland, Ohio 44128, Permit No. 8827329; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 126-2020 Official Proceedings – City Council January 31, 2020 The City Record 68

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 126-2020 Official Proceedings – City Council January 31, 2020 The City Record 69

Resolution No. 127-2020

Council Member: Hairston

An emergency resolution objecting to a D5 Liquor Permit at 17406 St. Clair Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New D5 Liquor Permit at Original Grill, Inc., 17406 St. Clair Avenue, Cleveland, Ohio 44110, Permit No. 6547554; and

WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Council does hereby record its objection to a New D5 Liquor Permit at Original Grill, Inc., 17406 St. Clair Avenue, Cleveland, Ohio 44110, Permit No. 6547554; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 127-2020 Official Proceedings – City Council January 31, 2020 The City Record 70

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 127-2020 Official Proceedings – City Council January 31, 2020 The City Record 71

Resolution No. 128-2020

Council Member: J. Jones

An emergency resolution objecting to a New D3 and D3A Liquor Permit at 4143 Lee Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New D3 and D3A Liquor Permit at Tatt216 Studio, LLC, 4143 Lee Road, Cleveland, Ohio 44128, Permit No. 8827329; and

WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Council does hereby record its objection to a New D3 and D3A Liquor Permit at Tatt216 Studio, LLC, 4143 Lee Road, Cleveland, Ohio 44128, Permit No. 8827329; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 128-2020 Official Proceedings – City Council January 31, 2020 The City Record 72

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 128-2020 Official Proceedings – City Council January 31, 2020 The City Record 73

Resolution No. 129-2020

Council Member: Brancatelli

An emergency resolution objecting to the transfer of ownership of a C2 and C2X Liquor Permit to 4901 Fleet Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C2 and C2X Liquor Permit from Michael Miyako Boyler, LLC, DBA 7 Eleven Store 36746A, 4901 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 5903433 to Iys Ventures, LLC, 4901 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 41545920030; and

WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Council does hereby record its objection to the transfer of ownership of a C2 and C2X Liquor Permit from Michael Miyako Boyler, LLC, DBA 7 Eleven Store 36746A, 4901 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 5903433 to Iys

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 129-2020 Official Proceedings – City Council January 31, 2020 The City Record 74

Ventures, LLC, 4901 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 41545920030, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 129-2020 Official Proceedings – City Council January 31, 2020 The City Record 75

Resolution No. 130-2020

Council Member: Kazy

An emergency resolution objecting to the transfer of ownership of a C1 Liquor Permit to 14053 Lorain Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C1 Liquor Permit from KDR Himalayan, LLC, DBA Rite Shop, 14053 Lorain Avenue, Cleveland, Ohio 44111, Permit No. 45302820005 to Sagarmatha Grocery, LLC, DBA Rite Shop, 14053 Lorain Avenue, Cleveland, Ohio 44111, Permit No. 7677279; and

WHEREAS, the granting of this application for a liquor permit to this high-crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; and

WHEREAS, the applicant does not qualify to be a permit holder and/or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; and

WHEREAS, the place for which the permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; and

WHEREAS, the place for which the permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; and

WHEREAS, the place for which the permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; and

WHEREAS, this objection is based on other legal grounds as set forth in Revised Code Section 4303.292; and

WHEREAS, this resolution constitutes an emergency measure providing for the immediate preservation of the public peace, prosperity, safety and welfare pursuant to Section 4303.26 of the Ohio Revised Code. Council’s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Council does hereby record its objection to the transfer of ownership of a C1 Liquor Permit from KDR Himalayan, LLC, DBA Rite Shop, 14053 Lorain Avenue, Cleveland, Ohio 44111, Permit No. 45302820005 to Sagarmatha Grocery, LLC, DBA

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 130-2020 Official Proceedings – City Council January 31, 2020 The City Record 76

Rite Shop, 14053 Lorain Avenue, Cleveland, Ohio 44111, Permit No. 7677279, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Section 2. That the Clerk of Council be, and she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection and two copies of a letter requesting that the hearing be held in Cleveland, Cuyahoga County.

Section 3. That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 130-2020 Official Proceedings – City Council January 31, 2020 The City Record 77

Resolution No. 132-2020

Council Member: Griffin

An emergency resolution declaring the necessity and intention to appropriate property for the public use of completing public road improvements, located at 2275 East 101st Street.

WHEREAS, this resolution constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That for the public purpose of completing public road improvements, it is necessary to appropriate in fee simple interest and this Council declares its intent to appropriate the fee simple interest in and to the following described property located at 2275 East 101st Street:

Permanent Parcel No. 121-19-118

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being all of Sublot No. 93 in the Jane Sayle, et al Subdivision of part of the Original 100 Acre Lot No. 409 as shown by the plat recorded in Volume 14, Page 5 of Cuyahoga County Map Records and further bounded and described as follows:

Beginning at a drill hole in a stone found in a monument box (0.14 feet south, 0.00 feet east) at the intersection of the centerline of East 101st Street (formerly Sayles Court) (formerly Sayles Street) (width varies) and the southerly right of way of Cedar Avenue (66 feet wide);

Thence South 0057’39” East along the centerline of East 101st Street, 576.58 feet to the extension of the southerly right of way of Wain Court (formerly Wain Alley) (15 feet wide);

Thence North 8823’11” East along said extension of the southerly right of way of Wain Court, 22.50 feet to the easterly right of way of East 101st Street;

Thence South 0057’39” East along the easterly right of way of East 101st Street, 558.75 feet to the northwesterly corner of Sublot No. 93 in the Jane Sayle, et al Subdivision being the Principal Place of Beginning of the premises herein described;

Thence North 8902’26” East along a northerly line of Sublot No. 93, 115.00 feet to the westerly line of the Sumner B. Day's Allotment as shown by the plat recorded in Volume 26, Page 12 of Cuyahoga County Map Records;

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 132-2020 Official Proceedings – City Council January 31, 2020 The City Record 78

Thence South 0057’39” East along said westerly line of the Sumner B. Day's Allotment, 39.98 feet to the southeasterly corner of said Sublot No. 93;

Thence South 8902’33” West along the southerly line of said Sublot No. 93, 115.00 feet to the easterly right of way of East 101st Street;

Thence North 0057’39” West along the easterly right of way of East 101st Street, 39.98 feet to the Principal Place of Beginning and containing 0.1055 acres (4,597 Square Feet) of land, as described by Peter John Gauriloff, P.S. No. 8646 of The Riverstone Company in May 2019, subject to all legal highways, restrictions, reservations and easements of record.

Section 2. That the Director of Finance is authorized to cause written notice of the adoption of this resolution to be given to the owners, persons in possession, or having an interest of record in the above-mentioned premises. The notice shall be served according to law by a person to be designated for that purpose by the Director of Finance which return shall be made in the manner provided by law.

Section 3. That this resolution is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final adoption. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 17. Nays 0.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 132-2020 Official Proceedings – City Council January 31, 2020 The City Record 79

Ordinances and Resolutions

Second Reading Emergency Ordinances Passed

An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland.

Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage.

Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading. If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review.

After departmental review, the ordinance is returned to Council for consideration in a public hearing before the appropriate Council Committee(s). Council Members and City departments can recommend changes, or amendments, to the legislation during the hearing process. After the review is complete and any amendments have been made, the legislation is read a second time at a Council meeting. A second reading allows Council Members and the public to hear what changes have been made to the law. Amendments cannot be made after the second reading of the legislation.

These ordinances were read for the second time on January 27, 2020, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 902-2019 (As Amended) Ord. No. 1444-2019

Ord. No. 1363-2019 Ord. No. 1445-2019

Ord. No. 1364-2019 Ord. No. 1446-2019 (As Amended)

Ord. No. 1371-2019 Ord. No. 29-2020

Ord. No. 1372-2019 Ord. No. 33-2020 (As Amended)

Ord. No. 1431-2019 Ord. No. 85-2020

Second Reading Emergency Ordinances Passed Official Proceedings – City Council January 31, 2020 The City Record 80

Ordinance No. 902-2019 (As Amended)

Council Member: Griffin

An emergency ordinance to amend Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 2797-88, passed May 8, 1989, lowering the penalties for marihuana offenses.

WHEREAS, Ohio cities of Toledo, Dayton, Cincinnati, Athens, Bellaire, Logan, Newark and Roseville have enacted ordinances that lowered the penalties for misdemeanor marihuana offenses, including possession of marihuana of 200 grams and/or 100 grams or less, to no fines or prison time; and

WHEREAS, this Council is compelled to lower the penalties for misdemeanor marihuana offenses to no fines or prison time in order to avoid unnecessary incarceration, economic burdens of fines and uneven enforcement of marihuana charges against minorities; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 2797-88, passed May 8, 1989, are amended as follows:

Section 607.02 Gift of Marihuana

(a) No person shall knowingly give or offer to make a gift of twenty (20) grams or less of marihuana.

(b) Whoever violates this section is guilty of trafficking in marihuana, a minor misdemeanor. for the first offense and a misdemeanor of the third degree for any subsequent offense. If, the offense was committed in the vicinity of a school or in the vicinity of a juvenile, the violation is a misdemeanor of the third degree. Persons convicted of violating this section shall not be fined, all court costs shall be suspended, and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed, except when the offense was committed in the vicinity of a school or in the vicinity of a juvenile.

Section 607.03 Drug Abuse: Controlled Substance Possession or Use

Second Reading Emergency Ordinances Passed Ord. No. 902-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 81

(a) No person shall knowingly obtain, possess, or use a controlled substance.

(b) This section does not apply to the following:

(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with RC Chapters 3719, 4715, 4723, 4729, 4731, and 4741;

(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States food and drug administration;

(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the “Federal Food, Drug, and Cosmetic Act,” 52 Stat. 1040 (1938), 21 U.S.C. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act;

(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.

(c) Whoever violates this section is guilty of drug abuse, and shall be sentenced as follows:

(1) If the drug involved is a compound, mixture, preparation or substance included in Schedule III, IV or V, and the amount of drug involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree, and if the offender has previously been convicted of a drug abuse offense, drug abuse is a misdemeanor of the second degree;

(2) If the drug involved is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, and the amount is less than two hundred (200) grams drug abuse is a misdemeanor of the fourth degree, unless the amount of marihuana involved is less than one hundred (100) grams, in which case drug abuse is a minor misdemeanor. Persons convicted of violating this section shall not be fined, all court costs shall be suspended, and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed;

(3) If the drug involved is an anabolic steroid included in Schedule III, and the amount involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree and, in lieu of sentencing an offender to a definite or indefinite term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to division (F) of RC 2951.02, unless the

Second Reading Emergency Ordinances Passed Ord. No. 902-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 82

offender previously has been convicted of a drug abuse offense, in which case drug abuse is a misdemeanor of the second degree.

(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license or other right or privilege, or made in connection with the person’s appearance as a witness.

(e) No City of Cleveland police officer, or his or her agent, shall report the possession, use or giving away of marihuana to any other authority except the Cleveland Prosecutor’s Office; and the City Prosecutor shall not refer any said report to any other authority for prosecution or for any other reason.

(e) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with a person’s appearance as a witness.

(f) Should the State of Ohio enact lesser penalties than that set forth above, or entirely repeal penalties for the possession, use, or giving away of marihuana, then this ordinance, or the relevant portions thereof, shall be null and void.

Section 607.18 Penalty

Whoever violates any of the provisions of divisions (a), (b) or (c) of Section 607.17 is guilty of a misdemeanor of the second degree. If the offender has previously been convicted of a violation of divisions (a), (b) or (c) of Section 607.17, any subsequent violation of the same paragraph is a misdemeanor of the first degree. If the drug involved is If the drug paraphernalia involved is used by a person, intended by a person for use, or designed for use in storing, containing, concealing, or injecting, ingesting, inhaling, or otherwise introducing into the human body; marihuana other than hashish a person convicted of violating Section 607.17(a) is marihuana or a compound, mixture, preparation or substance containing marihuana other than hashish, persons convicted of violating Section 607.17 (a) are guilty of a minor misdemeanor and shall not be fined, all court costs shall be suspended, and no incarceration, probation, nor any other punitive or rehabilitative measure shall be imposed.

Section 2. That existing Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 2797-88, passed May 8, 1989, are repealed.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the

Second Reading Emergency Ordinances Passed Ord. No. 902-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 83

Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Amendments agreed to.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 15. Nays 2.

Read second time.

Read third time in full.

Passed. Yeas 15. Nays 2.

Voting Yea: Bishop, Brady, Cleveland, Conwell, Griffin, Hairston, Johnson, B. Jones, J. Jones, Kazy, Kelley, McCormack, Santana, Slife and Zone.

Voting Nay: Brancatelli and Polensek.

In compliance with Section 33 of the Charter, a copy of the legislation was furnished to each member of Council before final passage.

Second Reading Emergency Ordinances Passed Ord. No. 902-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 84

Ordinance No. 1363-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to employ one or more professional consultants to redesign, develop, upgrade and implement improvements to the Division of Water’s website, including Department of Public Utilities.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to redesign, develop, upgrade and implement improvements to the Division of Water’s website. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance.

Section 2. That the cost of the contract or contracts authorized shall be paid from Fund No. 52 SF 001, Request No. RQS 2002, RL 2019-96.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Second Reading Emergency Ordinances Passed Ord. No. 1363-2019 Official Proceedings – City Council January 31, 2020 The City Record 85

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1363-2019 Official Proceedings – City Council January 31, 2020 The City Record 86

Ordinance No. 1364-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more requirement contracts of materials, equipment, supplies and services needed to repair, replace and maintain the high-voltage static transmission pipe-type cable system components and for emergency oil spill cleanup, including labor and installation, if necessary, for the Division of Cleveland Public Power, Department of Public Utilities, for a period of two years, with two one-year options to renew, the first of which is exercisable through additional legislative authority.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for a two-year period with two one-year options to renew of the necessary items of materials, equipment, supplies, and services needed to repair, replace and maintain the high-voltage static transmission pipe-type cable system components and for emergency oil spill cleanup, including labor and installation, if necessary, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Division of Cleveland Public Power, Department of Public Utilities. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Public Utilities, without the necessity of obtaining additional authority of this Council. 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 Supplies until provision is made for the requirements for the entire term.

Section 2. That the costs of the contract or contracts shall be charged against the proper appropriation 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. (RQN 2004, RL 2019-31)

Section 3. That under division (b) of Section 108 of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with

Second Reading Emergency Ordinances Passed Ord. No. 1364-2019 Official Proceedings – City Council January 31, 2020 The City Record 87 other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committee on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1364-2019 Official Proceedings – City Council January 31, 2020 The City Record 88

Ordinance No. 1371-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to exercise the first option to renew Contract No. MA 1505 RC 2018-55 with W & S Hubbell, Inc. dba Pirtek Valley View for labor and materials necessary to provide inspection, maintenance, repair and refurbishment of vehicle lift equipment, for the various divisions of the Department of Public Utilities.

WHEREAS, under the authority of Ordinance No. 328-15, passed April 20, 2015, the Director of Public Utilities entered into Contract No. MA 1505 RC 2018-55 with W & S Hubbell, Inc. dba Pirtek Valley View for labor and materials necessary to provide inspection, maintenance, repair and refurbishment of vehicle lift equipment, including comprehensive annual inspection and testing, troubleshooting, and repair and replacement services, for the various divisions of the Department of Public Utilities; and

WHEREAS, Ordinance No. 328-15 requires further legislation before exercising the first option to renew on this contract; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to exercise the first option to renew Contract No. MA 1505 RC 2018-55 with W & S Hubbell, Inc. dba Pirtek Valley View for the requirements for an additional year of the labor and materials necessary to provide inspection, maintenance, repair, and refurbishment of vehicle lift equipment, including comprehensive annual inspection and testing, troubleshooting, and repair and replacement services, for the various divisions of the Department of Public Utilities. This ordinance constitutes the additional legislative authority required by Ordinance No. 328-15 to exercise this option. (RQN 2002, RL 2019-36)

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

Second Reading Emergency Ordinances Passed Ord. No. 1371-2019 Official Proceedings – City Council January 31, 2020 The City Record 89

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1371-2019 Official Proceedings – City Council January 31, 2020 The City Record 90

Ordinance No. 1372-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to exercise the first option to renew Contract No. RC 2018-32 with Chemtron Corporation for labor and materials necessary for analysis, identification, storage, remediation, transportation, clean-up, recycling, and disposal of various chemicals, hazardous waste products, and other non-hazardous and recyclable waste materials and required training for employees for the various divisions of the Department of Public Utilities.

WHEREAS, under the authority of Ordinance No. 416-17, passed May 8, 2017, the Director of Public Utilities entered into Contract No. RC 2018-32 with Chemtron Corporation for labor and materials necessary for analysis, identification, storage, remediation, transportation, clean-up, recycling, and disposal of various chemicals, hazardous waste products, and other non-hazardous and recyclable waste materials and required training for employees for the various divisions of the Department of Public Utilities; and

WHEREAS, Ordinance No. 416-17 requires further legislation before exercising the first option to renew on this contract; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to exercise the first option to renew Contract No. RC 2018-32 with Chemtron Corporation for the requirements for an additional year for labor and materials necessary for analysis, identification, storage, remediation, transportation, clean-up, recycling, and disposal of various chemicals, hazardous waste products, and other non-hazardous and recyclable waste materials and required training for employees for the various divisions of the Department of Public Utilities. This ordinance constitutes the additional legislative authority required by Ordinance No. 416-17 to exercise this option. (RQN 2002, RL 2019-34)

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Second Reading Emergency Ordinances Passed Ord. No. 1372-2019 Official Proceedings – City Council January 31, 2020 The City Record 91

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1372-2019 Official Proceedings – City Council January 31, 2020 The City Record 92

Ordinance No. 1431-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to employ one or more professional consultants to support, monitor, manage and maintain the VoIP system, the Call Center systems, and web portal services and applications, for the Division of Water, Department of Public Utilities, for a period of one year, with four additional one-year options to renew, the third of which is exercisable through additional legislative authority.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to support, monitor, manage and maintain the VoIP system, the Call Center systems, and web portal services and applications, for the Division of Water, Department of Public Utilities, for a period of one year, with four additional one-year options to renew, the third of which is exercisable through additional legislative authority. The first and second of the one-year options to renew may be exercised by the Director of Public Utilities, without the necessity of obtaining additional authority of this Council. The third of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the third of the one-year options to renew is exercised, then the fourth of the one-year options to renew may be exercised at the option of the Director of Public Utilities without the necessity of obtaining additional authority of this Council. The selection of the consultant or consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance.

Section 2. That the cost of the contract or contracts authorized shall be paid from Fund No. 52 SF 001. (RQS 2002, RL 2019-108)

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the

Second Reading Emergency Ordinances Passed Ord. No. 1431-2019 Official Proceedings – City Council January 31, 2020 The City Record 93

Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1431-2019 Official Proceedings – City Council January 31, 2020 The City Record 94

Ordinance No. 1444-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to enter into one or more requirement contracts without competitive bidding with Johnson Controls Fire Protection, LP for inspection, testing and service of proprietary fire protection and life safety systems, and replacement parts, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period not to exceed two years, with two one-year options to renew, the first of which requires additional legislative authority.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That this Council determines that the within commodities and services are non-competitive and cannot be secured from any source other than Johnson Controls Fire Protection, LP. Therefore, the Director of Public Utilities is authorized to make one or more written requirement contracts with Johnson Controls Fire Protection, LP, on the basis of their proposal dated October 15, 2019, for the requirements for a period not to exceed two years, with two one-year options to renew, the first of which requires additional legislative authority, of the necessary items of inspection, testing and service of proprietary fire protection and life safety systems, including labor, materials and replacement parts necessary for repairing and replacing equipment, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, to be purchased by the Commissioner of Purchases and Supplies on a unit basis. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercised at the option of the Director of Public Utilities, without the necessity of obtaining additional authority of this Council.

Section 2. That the costs of the contract or contracts shall be charged against the proper appropriation 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. (RQN 2002, RL 2019-32)

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Second Reading Emergency Ordinances Passed Ord. No. 1444-2019 Official Proceedings – City Council January 31, 2020 The City Record 95

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1444-2019 Official Proceedings – City Council January 31, 2020 The City Record 96

Ordinance No. 1445-2019

Council Members: Kazy, Keane and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Utilities to employ one or more professional consultants to assess portions of the cathodic protection system, to design improvements to the entire cathodic protection system and oversee construction and installation of the improvements; determining the method of making the public improvement of constructing recommended improvements; authorizing the director to enter into one or more public improvement contracts or public improvement by requirement contracts.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Public Utilities is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to assess portions of the cathodic protection system not previously assessed, to design improvements to the entire cathodic protection system, and oversee construction and installation of the improvements to the entire system. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance.

Section 2. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of constructing improvements to approximately 28 miles of the cathodic protection system that has already been assessed for repair and located along Brookpark Road, Lake Avenue, North Park Road, South Belvoir Boulevard, and from Kirtland Pump Station to Baldwin Treatment Plant, (the “Public Improvement”), for the Division of Water, Department of Public Utilities, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Public Improvement.

Section 3. That the Director of Public Utilities is authorized to enter into one or more contracts for the making of the Public Improvement with the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Public Improvement, provided, however, that each separate trade and each distinct component part of the

Second Reading Emergency Ordinances Passed Ord. No. 1445-2019 Official Proceedings – City Council January 31, 2020 The City Record 97

Public Improvement may be treated as a separate improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for on a unit basis.

Section 4. That under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of constructing improvements to the remaining approximate 452 miles of the cathodic protection system not included in the Public Improvement (the “Public Improvement by Requirement Contract”), for the Division of Water, Department of Public Utilities, by one or more public improvement by requirement contracts duly let to the lowest responsible bidder or bidders on a unit basis for the Public Improvement by Requirement Contract.

Section 5. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the requirements for a period to be determined by the Director of Public Utilities for the making of the Public Improvement by Requirement Contract, with the lowest responsible bidder or bidders after competitive bidding on a unit basis for the Public Improvement by Requirement Contract for a period not to exceed the specified term, purchased by the Commissioner of Purchases and Supplies on a unit basis for the Division of Water, Department of Public Utilities. 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 Supplies until provision is made for the requirements for the entire term.

Section 6. That the Director of Public Utilities is authorized to apply and pay for permits, licenses or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance.

Section 7. That under division (b) of Section 108 of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.

Section 8. That the costs of the contract or contracts or other expenditures shall be paid from the fund or funds to which are credited the proceeds from the sale of future bonds, if issued for this purpose, and shall also be charged against the proper appropriation 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 9. That the cost of the contracts and other expenditures authorized shall be paid from Fund No. 52 SF 001 and from the fund or funds to which are credited the

Second Reading Emergency Ordinances Passed Ord. No. 1445-2019 Official Proceedings – City Council January 31, 2020 The City Record 98 proceeds from the sale of future bonds, if issued for this purpose. (RQS 2002, RL 2019- 103)

Section 10. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Public Utilities; Finance; and Law; Passage recommended by the Committees on Utilities; and Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 1445-2019 Official Proceedings – City Council January 31, 2020 The City Record 99

On the motion of Council Member Griffin, Ordinance No. 1446-2019 reverted back to Second Reading and was amended.

Ordinance No. 1446-2019 (As Amended)

Council Members: Cleveland, Johnson, Brancatelli and Kelley (by departmental request)

An emergency ordinance determining the method of making the public improvement of constructing a new Cleveland Police Division headquarters and related parking lot, storage facility, ordnance range and other similar types of structures; authorizing the Directors of Capital Projects or Public Safety to enter into one or more public improvement contracts to construct the improvement, to employ one or more professional consultants necessary for design and for related services to implement the improvement; authorizing the Directors of Capital Projects, Public Safety, Public Works, or Economic Development, as appropriate, to apply for and accept any gifts or grants from any public or private entity, to enter into one or more agreements to implement the improvement; authorizing various written standard purchase and requirement contracts; and authorizing the Commissioner of Purchases and Supplies or the Director of Economic Development, as appropriate, to acquire or transfer rights or interests in real property.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That, under Section 167 of the Charter of the City of Cleveland, this Council determines to make the public improvement of constructing a new Cleveland Police Division headquarters, and related parking lot, storage facility, ordnance range and other similar types of structures on the proposed Police Headquarter Site described below (the “Improvement”), for the Division of Police, Department of Public Safety, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement.

Proposed 10.50 Acre Police Headquarters Site (“HQ Site”) plus additional adjacent properties that may be acquired for the Improvement

Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being a portion of Original Newburgh Township Lot No. 330, further described as follows:

Bounded on the North and Northwest by the Norfolk & Western Railway, on the South by the Proposed Opportunity Corridor Roadway and on the East by East 75th Street.

Second Reading Emergency Ordinances Passed Ord. No. 1446-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 100

Section 2. That the Director of Capital Projects or Public Safety is authorized to enter into one or more contracts for the making of the Improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement, provided, however, that each separate trade and each distinct component part of the Improvement may be treated as a separate improvement, and each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director, the contractor shall furnish a correct schedule of unit prices, including profit and overhead, for all items constituting units of the Improvement.

Section 3. That the Director of Capital Projects or Public Safety is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to design the Improvement and for related services necessary to implement the Improvement, including but not limited to, providing representation for owners or performing construction management services. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Capital Projects or Public Safety from a list of qualified consultants available for employment, as may be determined after a full and complete canvass by the Director of Capital Projects or Public Safety for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Capital Projects or Public Safety, and certified by the Director of Finance.

Section 4. That the Director of Capital Projects, Public Safety, or Public Works, as appropriate, is authorized to apply and pay for permits, licenses or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance.

Section 5. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies, at the direction of the Board of Control, is authorized to sell any properties or grant any easements determined to be no longer needed for the City's public use but needed to provide access to the Greater Cleveland Regional Transit Authority for its adjacent Central Rail Facility.

Section 6. That by and at the direction of the Board of Control, the Commissioner of Purchases and Supplies is authorized to sell any properties or grant any easements described in Section 5 above at a price not less than fair market value as determined by the Board of Control.

Section 7. That the conveyance for the sale of any properties shall be made by official deeds prepared by the Director of Law and executed by the Mayor on behalf of the City of Cleveland. The deeds shall contain necessary provisions, including restrictive

Second Reading Emergency Ordinances Passed Ord. No. 1446-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 101 reversionary interests as may be specified by the Board of Control or Director of Law, which shall protect the City’s interests and shall specifically contain a provision against the erection of any advertising signs or billboards except permitted identification signs.

Section 8. That the conveyance of any easements shall be made by official deed of easement prepared by the Director of Law, shall contain the necessary descriptions, duration, and terms and conditions specified by the Board of Control and such other terms and conditions that the Director of Law determines to be necessary to protect and benefit the City by, and shall be executed by the appropriate Director on behalf of the City of Cleveland.

Section 9. That notwithstanding and as an exception to the provisions of Chapter 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies or the Director of Economic Development, as appropriate, is authorized to acquire, accept and record any real property including but not limited to fee simple acquisitions, temporary easements, permanent easements, and work agreements necessary to make the Improvement, including payment of relocation assistance for displaced persons as may be required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

Section 10. That the Director of Capital Projects, Public Safety, or Economic Development, as appropriate, is authorized to execute on behalf of the City all documents necessary to sell any properties or transfer any easement or, to acquire rights or interests in real property, and to employ and pay all fees for title companies, surveys, escrows, appraisers, and other consultants and all other costs necessary for the acquisition or use of the rights or interests in the properties needed to implement the Improvement.

Section 11. That the consideration to be paid for any acquired real property or easements shall not exceed fair market value as determined by the Board of Control.

Section 12. That the Director of Capital Projects, Public Safety, Public Works or Economic Development, as appropriate, is authorized to make one or more written standard purchase contracts 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 of furnishings, appurtenances, moving services, and City relocation costs, if necessary, to effectuate the Improvement, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the Office of Capital Projects, the Department of Public Safety, the Department of Public Works, or the Department of Economic Development. 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.

Section 13. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts, and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on

Second Reading Emergency Ordinances Passed Ord. No. 1446-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 102 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 14. That under division (b) of Section 108 of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Capital Projects, Public Safety, Public Works or Economic Development, as appropriate, may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.

Section 15. That the Director of Capital Projects, Public Safety, Economic Development or Public Works, as appropriate, is authorized to apply for and accept any gifts or grants to implement and maintain the Improvement from any public or private entity; and that the appropriate director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated for the purposes described in this ordinance.

Section 16. That the Director of Capital Projects, Public Safety, Public Works or Economic Development, as appropriate, is authorized to accept cash contributions from public or private entities, for infrastructure restoration costs associated with relocating, rehabilitating or reconstructing utility infrastructure needed for the Improvement.

Section 17. That the Director of Capital Projects, Public Safety, Public Works or Economic Development, as appropriate, is authorized to apply and pay for permits, licenses or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance and is authorized to enter into any agreements necessary to implement the Improvement.

Section 18. That the cost of the contracts, costs of acquiring, accepting, and recording the land, payments, charges, or any other expenditures authorized in this ordinance shall be paid from Fund Nos. 20 SF 566, 20 SF 573, 20 SF 578, 20 SF 585, 20 SF 588, 20 SF 591, from other funds as approved by the Director of Finance, including future bonds, if issued for this purpose. (RQS 0103, RLA 2019-68)

Section 19. That the Clerk of Council is authorized to enter into an agreement with The Project Group, LLC to monitor and report to the Council on the status of the construction of the new Cleveland Police Division headquarters and associated structures. The cost of the contract shall not exceed $100,000 and shall be paid from Fund No. 01 SF 001.

Section 20. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Amendments agreed to.

Second Reading Emergency Ordinances Passed Ord. No. 1446-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 103

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

In compliance with Section 33 of the Charter, a copy of the legislation was furnished to each member of Council before final passage.

Journal Correction:

On December 2, 2019, Ordinance No. 1446-2019 received a Second Reading and was referred over to Third Reading.

Second Reading Emergency Ordinances Passed Ord. No. 1446-2019 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 104

Ordinance No. 29-2020

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to apply for and accept a grant from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County for the 2019-2020 Specialized Dockets Program; and authorizing the Director to enter into one or more contracts with various agencies, entities, or individuals to implement the grant.

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Finance, on behalf of the Cleveland Municipal Court, is authorized to apply for and accept a grant in the amount of $180,000, and any other funds that become available during the grant term, for the 2019-2020 Specialized Dockets Program from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County (“ADAMHS Board”); that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in the legislative summary for the grant contained in the file described below.

Section 2. That the legislative summary for the grant, File No. 29-2020-A, made a part of this ordinance as if fully rewritten, is approved in all respects and shall not be changed without additional legislative authority.

Section 3. That, unless expressly prohibited by the grant agreement, under division (b) of Section 108 of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Finance, on behalf of the Cleveland Municipal Court, may sign all documents and do all things that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.

Section 4. That the Director of Finance, on behalf of the Cleveland Municipal Court, is authorized to enter into one or more contracts with or make payments to other agencies, entities, or individuals to implement the grant as described in the file.

Section 5. That the costs of the contract or contracts or any payments authorized by this ordinance shall be paid from the fund or funds to which are credited the grant proceeds accepted under this ordinance.

Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it

Second Reading Emergency Ordinances Passed Ord. No. 29-2020 Official Proceedings – City Council January 31, 2020 The City Record 105 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.

Approved by the Directors of Finance; and Law; Passage recommended by the Committee on Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

Second Reading Emergency Ordinances Passed Ord. No. 29-2020 Official Proceedings – City Council January 31, 2020 The City Record 106

Ordinance No. 33-2020 (As Amended)

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to enter into contract with the Cuyahoga County Public Defender Commission for legal services necessary to defend indigents indigent defendants charged with violation of ordinances of the City of Cleveland that may result in incarceration, for the Cleveland Municipal Court for a period of one year, with one option to renew for an additional year, exercisable by the Director of Finance.

WHEREAS, in Argersinger v. Hamlin and Scott v. Illinois, the United States Supreme Court held that no indigent criminal defendant may be sentenced to a term of imprisonment unless he or she has been afforded the right to assistance of counsel in their defense; and

WHEREAS, the Cleveland Municipal Court, through the City of Cleveland, is obligated to provide counsel for an indigent person charged with violation of City ordinances with the possibility of a sentence including incarceration; and

WHEREAS, under Section 120.14 of the Revised Code, a county public defender commission may contract with any municipal corporation within the County served by the county public defender to provide legal representation on behalf of the municipal corporation; and

WHEREAS, the Cleveland Municipal Court, the district of which encompasses Bratenahl and the City of Cleveland, recommends that the Cuyahoga County Public Defender Commission should provide indigent defense; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Finance, on behalf of the Cleveland Municipal Court, is authorized to enter into contract with the Cuyahoga County Public Defender Commission for legal services necessary to defend indigents indigent defendants charged with violation of ordinances of the City of Cleveland, provided the violation may result in incarceration, for a period of one year beginning January 1, 2020, at an estimated cost of $2,237,350, with one option, exercisable by the Director of Finance, to renew for an additional one-year term.

Section 2. That two percent (2%) of any payment received by the City and/or Cleveland Municipal Court from the financing of defense counsel for indigent persons

Second Reading Emergency Ordinances Passed Ord. No. 33-2020 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 107 shall be utilized by participants in a court exchange program between Cleveland Municipal Court and the Cleveland Municipal School District.

Section 3. That the costs of the contract shall be paid from funds approved by the Director of Finance. from Fund No. 01-0115-6320, RQS 0115, RL 2020-3.

Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Amendments agreed to.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

The rules were suspended. Yeas 17. Nays 0.

Read second time.

Read third time in full.

Passed. Yeas 17. Nays 0.

In compliance with Section 33 of the Charter, a copy of the legislation was furnished to each member of Council before final passage.

Second Reading Emergency Ordinances Passed Ord. No. 33-2020 (As Amended) Official Proceedings – City Council January 31, 2020 The City Record 108

Ordinance No. 85-2020

Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to enter into one or more agreements with the Cleveland-Marshall College of Law, Cleveland State University to provide financial assistance for the Day 1 Initiative, for a period of one year, with two one-year options to renew, exercisable by the Director of Finance.

WHEREAS, the Day 1 Initiative is a collaboration with The Cleveland-Marshall College of Law, Cleveland State University, who in conjunction with the Cleveland Municipal Court, the Cleveland Municipal Prosecutor’s Office and Cuyahoga County Public Defender’s Office to address early legal challenges that criminal defendants encounter, such as lack of prompt representation, delayed access to pretrial release, and inadequate access to prosecutorial diversion programs; and

WHEREAS, the City of Cleveland wishes to participate in the Day 1 Initiative with The Cleveland-Marshall College of Law, Cleveland State University; and

WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:

Section 1. That the Director of Finance is authorized to enter into one or more agreements with the Cleveland-Marshall College of Law, Cleveland State University to provide financial assistance for the Day 1 Initiative, for a period of one year, with two one-year options to renew, exercisable by the Director of Finance.

Section 2. That the cost of the agreement or agreements shall be paid from Fund No. 01-9998-6320, RQS 0117, RL 2019-135.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Approved by the Directors of Finance; and Law; Passage recommended by the Committee on Finance.

Motion by Council Member Slife to suspend the rules, Charter, and statutory provisions and place on final passage. Seconded by Council Member Santana.

Second Reading Emergency Ordinances Passed Ord. No. 85-2020 Official Proceedings – City Council January 31, 2020 The City Record 109

The rules were suspended. Yeas 16. Nays 0. Recusal 1.

Read second time.

Read third time in full.

Passed. Yeas 16. Nays 0. Recusal 1.

Recusal by Council Member Zone.

Second Reading Emergency Ordinances Passed Ord. No. 85-2020 Official Proceedings – City Council January 31, 2020 The City Record 110

Official Proceedings Adjournment City Council

Cleveland, Ohio Monday, January 27, 2020

MOTION

The Council Meeting adjourned at 8:22 p.m. to meet on Monday, February 3, 2020, at 7:00 p.m. in the Council Chamber.

Patricia J. Britt City Clerk, Clerk of Council

Adjournment Official Proceedings – City Council January 31, 2020 The City Record 111

Council Committee Meetings

Monday, January 27, 2020 2:00 p.m.

Finance Committee Present: Kelley, Chair; Zone, Vice Chair; Brancatelli, Cleveland, Conwell, Griffin, Kazy, McCormack Authorized Absence: Brady

Tuesday, January 28, 2020 9:30 a.m.

Development, Planning and Sustainability Committee Present: Brancatelli, Chair; Cleveland, Vice Chair; Bishop, Hairston, B. Jones, McCormack, Slife

1:30 p.m.

Utilities Committee Present: Kazy, Chair; Bishop, Vice Chair; Hairston, McCormack, Polensek, Santana, Slife

Wednesday, January 29, 2020 10:00 a.m.

Safety Committee Present: Zone, Chair; Polensek, Vice Chair; Griffin, Kazy, J. Jones, Santana Authorized Absence: B. Jones

Council Committee Meetings January 31, 2020 The City Record 112

Board of Control

Wednesday, January 29, 2020

The meeting of the Board of Control convened in the Mayor's office on Wednesday, January 29, 2020, at 10:38 a.m. with Director Langhenry presiding.

Members Present: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Absent: Mayor Jackson

Others Present: Tiffany White-Johnson, Commissioner Purchases & Supplies

Matthew Spronz, Director Mayor's Office of Capital Projects

Michael Curry, Acting Director Office of Equal Opportunity

On motions, the resolutions attached were adopted, except as may be otherwise noted.

There being no further business, the meeting was adjourned at 10:43 a.m.

Jeffrey B. Marks Secretary – Board of Control

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 113

Resolution No. 36-20 Adopted 1/29/20 By Director Davis

STANDARD PURCHASE AGREEMENT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of Power Line Supply Company for the following: Purchase of Distribution Transformers, Items A1, B1, C1, C2, E3, E4 and I1, for the Division of Cleveland Public Power,

Department of Public Utilities, received on July 31, 2019, under the authority of Section 129 .26, Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the order quantities would amount to $163,264.00, is approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into contract for the items.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 114

Resolution No. 37-20 Adopted 1/29/20 By Director Davis

STANDARD PURCHASE AGREEMENT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of Shihlin Electric USA Company Limited for the following: Purchase of Distribution Transformers, Item E5, for the Division of Cleveland Public Power,

Department of Public Utilities, received on July 31, 2019, under the authority of Section 129.26, Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the order quantities would amount to $299,200.00, is approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into contract for the items.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 115

Resolution No. 38-20 Adopted 1/29/20 By Director Davis

STANDARD PURCHASE AGREEMENT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of WESCO Distribution, Inc. for the following: Purchase of Distribution Transformers, Items C3, D1, E1, E2, F1, G1, G2, H1 and H2, for the Division of Cleveland Public Power,

Department of Public Utilities, received on July 31, 2019, under the authority of Section 129.26, Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the order quantities would amount to $568,836.00, is approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into contract for the items.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 116

Resolution No. 39-20 Adopted 1/29/20 By Director Davis

BE IT RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND that all bids received on November 14, 2019, for an estimated quantity for Labor and Materials Necessary to Install, Repair, Replace or Maintain the Duct Line, Street Lighting Bases and Pull Boxes, all items for the Division of Cleveland Public Power

Department of Public Utilities, under the authority of Ordinance No. 377-19, passed April 15, 2019, rejected.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 117

Resolution No. 40-20 Adopted 1/29/20 By Director Kennedy

BE IT RESOLVED by the Board of Control of the City of Cleveland that, under the authority of Ordinance No. 748-18, passed by the Council of the City of Cleveland on October 8, 2018, the firm of The Osborn Engineering Company (''Consultant"), is selected upon the nomination of the Director of Port Control from a list of qualified persons or firms determined after a full and complete canvass by the Director of Port Control as the firm of consultants available to be employed by contract to supplement the regularly employed staff of the several departments of the City to provide professional engineering services for the removal and replacement of the terminal cooling chillers services, for the Department of Port Control.

BE IT FURTHER RESOLVED that the Director of Port Control is authorized to enter into a written contract with The Osborn Engineering Company, for the above•mentioned services, based upon its proposal dated October 2, 2019, which contract shall be prepared by the Director of Law, shall provide that the compensation to Osborn Engineering Company, for the services authorized shall not exceed $440,000.00, and shall contain such other provisions as the Director of Law deems necessary to protect and benefit the public interest.

BE IT FURTHER RESOLVED By the Board of Control that the employment of the following subconsultant by Osborn Engineering Company, is approved:

Subconsultant Percentage Amount Delta Airport Consultants Non-Certified $15,000.00 McGuiness Unlimited 2.7% (CSB) $11,800.00 AGM Energy Services Non-Certified $33,000.00 KS Associates 6.4% (FBE) $28,000.00 Kahoe Air Balance Non-Certified $3,750.00

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 118

Resolution No. 41-20 Adopted 1/29/20 By Director Kennedy

STANDARD CONTRACT

RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND that all bids received for the purchase of one aircraft rescue firefighting vehicle, for the division of Airport Rescue & Firefighting, Department of Port Control, received on November 8, 2019, under the authority of Ordinance No. 374-2019, passed April 22, 2019, are rejected.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 119

Resolution No. 42-20 Adopted 1/29/20 By Director Spronz

PUBLIC IMPROVEMENT CONTRACT

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that Board of Control Resolution No. 31-20, adopted January 22, 2020, approving the bid of Panzica Construction Company as the lowest responsible bid for the public improvement of the New Ward 1 Recreation Center at Frederick Douglas Park, for the Office of Capital Projects, under the authority of Ordinance No. 648-18 passed June 4, 2018, hereby is rescinded.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 120

Resolution No. 43-20 Adopted 1/29/20 By Director Spronz

PUBLIC IMPROVEMENT CONTRACT

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that the bid of

Dunlop & Johnston, Inc. for the public improvement of the New Ward 1 Recreation Center at Frederick Douglas Park, Base Bid Items A through H, Alternate Items 2 and 4, and Optional Items 2, 3 and 5, for the Office of Capital Projects, received on August 28, 2019, under the authority of Ordinance No. 648-18, passed June 4, 2018, upon a gross price basis for the improvement in the aggregate amount of $15,074,500.00 is affirmed and approved as the lowest responsible bid, and the Director of the Office of Capital Projects is authorized to enter into contract with the bidder.

BE IT FURTHER RESOLVED, by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Dunlop & Johnston, Inc. is hereby approved:

Down to Earth Landscaping FBE $166,000.00 1.1% Ullman Electric MBE $ 883,700.00 5.9%

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 121

Resolution No. 44-20 Adopted 1/29/20 By Director Cox and Director Dumas

PROFESSIONAL SERVICE CONTRACT

WHEREAS, Ordinance No. 1209-2019, passed by the Council of the City of Cleveland on October 14, 2019, authorizes the Director of Public Works and the Director of Finance to employ by contract one or more temporary employment agencies to provide professional services to supply temporary and seasonal personnel for the Department of Public Works and the Project Clean program, and for the various departments of the City, for a period up to one year; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND, that under the authority of Ordinance No. 1209-2019, passed by the Council of the City of Cleveland on October 14, 2019, Snider-Blake Business Service, Inc. is selected upon nomination of the Director of Public Works and the Director of Finance from a list of firms determined after a full and complete canvass as the temporary employment agency to be employed by contract for the purpose of supplementing regularly employed staff of several departments of the City of Cleveland to perform the professional services necessary to supply temporary and seasonal personnel for the Department of Public Works and the Project Clean Program and for the various departments of the City.

BE IT FURTHER RESOLVED that the Director of Public Works and the Director of Finance are authorized to enter into a written contract or contracts with Snider-Blake Business Service, Inc. ("Agency"), based on its December 18, 2019, proposal, to supply temporary and seasonal personnel for seasonal programs for the Department of Public Works including the Project Clean Program and the various departments of the City during the 12-month period beginning upon execution of a contract, which contract shall be prepared by the Director of Law and shall include such additional provisions as that director considers necessary to benefit and protect the interest. The fees for services to be performed under the contract s) authorized, as stated in the Agency's proposal, including charges for drug testing and criminal background checks, shall be:

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 122

Positions Supplied Fee Department of Public Works Aides: $14.39 per hour but, if the City's Fair Employment Living Wage increases during the term, the fee shall be an amount equal to 130.8% of the Fair Employment Wage determined under Section 189.02 of the Codified Ordinances of Cleveland, Ohio, 1976 ('C.O.').

Seasonal Supervisors: $15.48 per hour but, if the City's Fair Employment Living Wage increases during the term, the fee shall be an amount equal to 129% of the Fair Employment Wage determined under Section 189.02 C.O., plus $1.00 per hour.

Positions Supplied Fee Department of Finance The fee for each temporary and seasonal personnel position required for the various Departments of the City during the term of the contract shall be an amount equal to 129% of the wage determined for that occupation by the Bureau of Wage Statistics' current published Metropolitan and Nonmetropolitan Area Occupational Employment and Wage Estimates for Cleveland-Elyria•Mentor OH, but in no event shall be less than an amount equal to 129% of the Fair Employment Living Wage determined under Section 189.02 C.O.

BE IT FURTHER RESOLVED that the employment of the following subcontractors 1s approved:

Name Cert Status Amount Percent Quick Employment, LLC. CSB $150,000.00 3.3% Employment Specialists International, Inc. N/A $1,000,000.00 0.0% Premier Talent Solutions N/A $1,000,000.00 0.0%

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 123

Resolution No. 45-20 Adopted 1/29/20 By Director Cox

PROFESSIONAL SERVICE CONTRACT

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND, that under the authority of Ordinance No. 1374-2019, passed by the Council of the City of Cleveland November 25, 2019, GT Environmental, Inc. is selected upon nomination of the Director of Public Works from a list of firms determined after a full and complete canvass by the Director as the firm to be employed by contract to assess and develop a strategic approach to improve efficiency, consistency and reliable service delivery for residential solid waste and recycling services and to implement accepted recommendations of the Department of Public Works.

BE IT FURTHER RESOLVED that the Director of Public Works is authorized to enter into a written contract or contracts with GT Environmental, Inc. ("firm"), based on its April 16, 2019, proposal, for an experienced consultant with the capability to assess and develop a strategic approach to improve efficiency, consistency and reliable service delivery for residential solid waste and recycling services and to implement accepted recommendations of the Department of Public Works, for a period of one year beginning upon execution of a contract, which contract shall be prepared by the Director of Law and shall include such additional provisions as that Director considers necessary to benefit and protect the interest. The fees for services to be performed under the contract authorized, as stated in the firm's proposal, shall not exceed $128,400.00.

BE IT FURTHER RESOLVED that the employment of the following subcontractors is approved:

Name Cert Status Amount Percent Maria Heckman & Associates, Inc. CSB $10,000.00 7.8% Illuminology Non-certified $15,250.00 0.0% National Survey Research Center Non-certified $3,600.00 0.0%

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 124

Resolution No. 46-20 Adopted 1/29/20 By Director Cox

REQUIREMENT CONTRACT

BE IT RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND that the bid of

Cleveland Hermetic & Supply Inc., for an estimated quantity of HVAC/R Supplies, Items, Materials and Parts (rebid), all items, for the Division of Property Management, Department of Public Works, for a period of two years beginning with the date of execution of a contract, with a one- year option to renew, opened on October 31, 2019, under the authority of Section No. 181.101 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $248,500.00 (Net), is affirmed and approved as the lowest and best bid, and the Director of Public Works is requested to enter into a REQUIREMENT contract for the goods and/or services specified.

The REQUIREMENT contract shall further provide that the Contractor shall furnish the City's requirements for the goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 125

Resolution No. 47-20 Adopted 1/29/20 By Director Cox

REQUIREMENT CONTRACT

BE IT RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND that the bid of

Great Lakes Petroleum Co., for an estimated quantity of Diesel Fuel, Items 2a, 2b, 2c, 3, 4, 5a, 5b, and 5c, for the Division Motor Vehicle Maintenance, Department of Public Works, for a period of two years, beginning with the date of execution of a contract or the day following expiration of the currently effective contract for the goods and/or services, received on September 13, 2019 under the authority of Section 131.65 of the Codified Ordinances of Cleveland, Ohio, 1976, which on the basis of the estimated quantity would amount to $499,021.00 (Net), is affirmed and approved as the lowest and best bid, and the Director of Public Works is requested to enter into a REQUIREMENT contract for the goods and/or services specified.

The REQUIREMENT contract shall further provide that the Contractor shall furnish the City's requirements for the goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 126

Resolution No. 48-20 Adopted 1/29/20 By Director Menesse

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 131-19- 070 located at 3227 East 48th Street; and

WHEREAS, Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976 authorizes the Commissioner of Purchases and Supplies, when directed by the Director of Community Development and when certain specified conditions have been met, to sell Land Reutilization Program parcels; and

WHEREAS, Eulogia Del Valle has proposed to the City to purchase and develop the parcel for yard expansion; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 5 has either approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

2. The proposed purchaser of the parcel is neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested, to execute an Official Deed for and on behalf of the City of Cleveland, with Eulogia Del Valle for the sale and development of Permanent Parcel No. 131-19-070 located at 3227 East 48th Street, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

BE IT FURTHER RESOLVED THAT the consideration for the sale of the parcel shall be $200.00, which amount is determined to be not less than the fair market value of the parcel for uses according to the Program.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 127

Resolution No. 49-20 Adopted 1/29/20 By Director Menesse

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent Parcel Nos. 111-06- 068 and 111-06-004 located on East 11 7th Street; and

WHEREAS, Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976 authorizes the Commissioner of Purchases and Supplies, when directed by the Director of Community Development and when certain specified conditions have been met, to sell Land Reutilization Program parcels; and

WHEREAS, Marcus L. Patton and Renay R. Clark have proposed to the City to purchase and develop the parcels for yard expansion; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 10 has either approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

2. The proposed purchasers of the parcels are neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested, to execute an Official Deed for and on behalf of the City of Cleveland, with Marcus L. Patton and Renay R. Clark for the sale and development of Permanent Parcel No. 111-06-068 and the Northerly Portion of PPN No. 111-06-004 located on East 117th Street, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

BE IT FURTHER RESOLVED THAT the consideration for the sale of the parcels shall be $200.00 each, which amount is determined to be not less than the fair market value of the parcels for uses according to the Program.

Yeas: Directors Langhenry, Dumas, Davis, Kennedy, Cox, Gordon, Acting Directors Hennessy, Greene, Directors West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson

Board of Control From Wednesday, January 29, 2020 January 31, 2020 The City Record 128

Schedule of the Board of Zoning Appeals

Monday, February 10, 2020

9:30 Calendar No. 19-323: 4323 Pearl Road Ward 13 – Kevin J. Kelley 34 Notices Pearl Road Holding, owner, proposes to erect a 7,438-square-foot retail Dollar General store in a G2 Limited Retail Business District and an Urban Form Overlay District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (d)(2)(A) of Section 348.04, which states that the setback on principal street frontage cannot exceed eight feet; the proposed setback on State Road (the "urban frontage") is 79.5 feet.

2. Division (d)(2)(B) of Section 348.04, which states that build-out of 80% minimum or principal street frontage is required, of which 20% may be a street screen; in this case zero percent of State Road frontage is built-out, with a street screen compromising more than 20 percent of the frontage.

3. Division (d)(2)(C) of Section 348.04, which states that Active Use is required on 60% of frontage build-out, and approximately 52% of Pearl Road build-out is Active Use; no build-out on State Road is proposed.

4. Division (d)(3)(A) of Section 348.04, which states that 75% of first floor between three feet and eight feet on frontages must be transparent windows and doors; no glazing proposed on State Road frontage.

5. Division (e) of Section 348.04, which states that for purposes of this section, "principal street frontage" means the side or sides of a public street frontage that is specifically designated on the Zoning Map. Both Pearl and State Roads are specifically designated as principal street frontages on Zoning Map.

6. Section 341.02, which states that approval of the City Planning Department is required, not secured. (Filed December 23, 2019)

9:30 Calendar No. 20-002: 12201 Larchmere Boulevard Ward 6 – Blaine A. Griffin 35 Notices Lumen Neo Realty, owner, and 121 Larchmere Investors LLC, prospective purchaser, propose to erect a four-story, 92,287-square-foot building with 88 residential units and 6,477 square feet of office use in a B1 and C2 Local Retail Business District and a Pedestrian Retail Overlay District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

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1. Section 355.04, which states that in "B" and "C" Area Districts, gross floor area of residential buildings cannot exceed one half the lot area. In this case, 30,527 maximum gross floor area is permitted, and a 92,087 square foot building is proposed.

2. Division (g)(1) of Section 343.23, which states that notwithstanding any other setback provisions, maximum setback from a Pedestrian Retail Street Frontage cannot exceed five feet: setbacks exceeding five feet to a maximum of 17 feet are proposed. Four parking spaces are proposed in the front yard setback, and are not a permitted encroachment per Section 357.13.

3. Division (g)(2) of Section 343.23, which states that the interior side yard in a Pedestrian Retail Overlay District cannot exceed four feet, and a 6.21-foot interior side yard setback is proposed.

4. Division (i) of Section 343.23, which states that in a Pedestrian Retail Overlay District, required accessory off street parking spaces for business uses may be reduced by 1/3. A total of 88 spaces for the residential units, plus nine (with reduction) spaces for business use equals a total 97 parking spaces required, and 79 accessory off street parking spaces are provided.

5. Section 357.05, which states that side street setback of five feet is required, and four feet six inches are proposed.

6. Division (a) of Section 357.06, which states that the average of building setback on Mount Overlook Avenue, or 25 feet, is required. Proposed building setback on Mount Overlook is 11.81 feet, and parking is proposed within setback at 4.38 feet. (Note: Per division (c) of Section 329.04, the Board is limited in its power to grant a variance to front yard encroachments and is not able to grant this variance unless certain conditions exist).

7. Sections 352.08-12, which state that an eight-foot-wide landscaped transition strip providing 75%-year-round opacity is required where Local Retail Business District abuts Two Family Residential District, and no landscaping proposed.

8. Section 353.01, which states that the maximum height of building in a "1" Height District is 35 feet, and the appellant is proposing 48 feet.

9. Section 341.02, which states that City Planning Approval is required.

9:30 Calendar No. 20-003: 5616 Memphis Avenue Ward 13 – Kevin J. Kelly 26 Notices McDonald's, owner, proposes to erect a new shed storage building on a parcel of land located in Local Retail Business and One Family Residential districts. The owner

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 130 appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 337.02, which states that a restaurant is not permitted in One Family District, and the proposed shed is in One Family District.

2. Division (a) of Section 359.01, which states that an addition/expansion of nonconforming use requires BZA approval. (Filed January 7, 2020)

9:30 Calendar No. 20-004: 2240 Fulton Road Ward 3 – Kerry McCormack 14 Notices Cleveland Bricks, owner, proposes to erect a two-story frame, single-family residence with attached garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b) of Section 355.04, which states that the maximum gross floor area shall not exceed 50 percent of lot size; in this case, 1,173 square feet are permitted, and the appellant is proposing 2,013 square feet.

2. Division (a) of Section 357.05, which states that the required interior side street setback is five feet, and the appellant is proposing two feet 10 inches.

3. Division (b)(1) of Section 357.08, which states that the required rear yard shall not be less than height of the main building of 26 feet two inches, and the appellant is proposing five feet three inches.

4. Division (b) of Section 357.09, which states that the total of both interior side yards shall not be less than six feet, and the appellant is proposing five feet 10 inches. (Filed January 13, 2020)

9:30 Calendar No. 20-005: 2234 Fulton Road Ward 3 – Kerry McCormack 14 Notices Cleveland Bricks, owner, proposes to erect a two-story frame, single-family residence with detached garage in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b) of Section 357.04, which states that the maximum gross floor area shall not exceed 50 percent of lot size; in this case, 1,433 square feet are permitted, and the appellant is proposing 1,877 square feet.

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 131

2. Division (a) of Section 337.23, which states that the minimum distance from all property lines for a detached accessory garage is 18 inches, and the appellant is proposing none. (Filed January 13, 2020)

9:30 Calendar No. 20-006: 2410 Scranton Road Ward 3 – Kerry McCormack 19 Notices Lincoln Partners LLC., owner, proposes to construct a new four-story building for retail spaces and 82 apartment units in a G2 Limited Retail Business District and C2 Local Retail Business split Zoning Districts. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2) of Section 357.08, which states that a 25-foot rear yard is required, and three feet are proposed.

2. Division(C) of Section 357.09, which states that an eight-foot interior side yard is required, and six feet are proposed.

3. Section 355.04, which states a maximum gross floor area of 40,230 square feet are permitted in a "C" Area district, and 98,758 square feet are proposed.

4. Division (a)(2) of Section 354.05, which states that a fence in the actual side yard shall not be more than four feet high and shall be at least 50% open; the proposed fence will be six feet high and extends to actual side street yard. (Filed January 14, 2020)

9:30 Calendar No. 20-007: 1319 East 66th Street Ward 7 – Basheer S. Jones 11 Notices Terry Gardner, owner, proposes to establish use as a state licensed Residential Facility for eight to 12 residents in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 325.571, which states that "Residential facility" means a publicly or privately operated home or facility, licensed pursuant to state law, that provides accommodations, supervision and personal care services to any of the following: (a) one (1) or two (2) unrelated persons with mental illness; (b) one (1) or two (2) unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; or (c) three to sixteen (16) unrelated adults.

2. Division (b) of Section 337.03, which states that residential facility for more than five residents is not permitted in Two Family Residential District but first permitted in Multi-Family residential District per division (g) of Section 337.08. (Filed January 14, 2019)

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 132

9:30 Calendar No. 20-008: 1279 West 73rd Street (Site Plan) Ward 15 – Matt Zone 38 Notices Battery Park Development LLC, owner, and Avenue Partners Acquisitions LLC., prospective purchaser, propose to consolidate four parcels and construct two apartment buildings containing 258 units total and a two-story clubhouse building in a G2 Local Retail Business District. The prospective purchaser appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2) of Section 357.08, which states that a 42-foot rear yard is required, and two feet are proposed.

2. Division (a) of Section 357.05, which states that a five-foot side street setback is required, and one foot is proposed.

3. Section 349.15, which states that 15 bicycle parking spaces are required; none are proposed. (Filed January 15, 2020)

9:30 Calendar No. 20-009: 1279 West 73rd Street (Building A) Ward 15 – Matt Zone 38 Notices Battery Park Development LLC, owner, and Avenue Partners Acquisitions LLC., prospective purchaser, propose to consolidate four parcels and construct two apartment buildings containing 258 units total and a two-story clubhouse building in a G2 Local Retail Business District. The prospective purchaser appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2) of Section 357.08, which states that a 42-foot rear yard is required, and two feet are proposed.

2. Division (a) of Section 357.05, which states that a five-foot side street setback is required, and one foot is proposed

3. Section 349.15, which states that 15 bicycle parking spaces are required; none are proposed. (Filed January 15, 2020)

9:30 Calendar No. 20-010: 1279 West 73rd Street (Building B) Ward 15 – Matt Zone 38 Notices Battery Park Development LLC, owner, and Avenue Partners Acquisitions LLC., prospective purchaser, propose to consolidate four parcels and construct two apartment buildings containing 258 units total and a two-story clubhouse building in a G2 Local

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Retail Business District. The prospective purchaser appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2) of Section 357.08, which states that a 42-foot rear yard is required, and two feet are proposed.

2. Division (a) of Section 357.05, which states that a five-foot side street setback is required, and one foot is proposed.

3. Section 349.15, which states that 15 bicycle parking spaces are required; none are proposed. (Filed January 15, 2020)

9:30 Calendar No. 20-011: 1279 West 73rd Street (Clubhouse) Ward 15 – Matt Zone 38 Notices Battery Park Development LLC, owner, and Avenue Partners Acquisitions LLC., prospective purchaser, propose to consolidate four parcels and construct two apartment buildings containing 258 units total and a two-story clubhouse building in a G2 Local Retail Business District. The prospective purchaser appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2) of Section 357.08, which states that a 42-foot rear yard is required, and two feet are proposed.

2. Division (a) of Section 357.05, which states that a five-foot side street setback is required, and one foot is proposed.

3. Section 349.15, which states that 15 bicycle parking spaces are required; none are proposed. (Filed January 15, 2020)

Postponed from January 13, 2020

9:30 Calendar No. 19-302: 4719 Franklin Boulevard Ward 3 – Kerry McCormack 15 Notices Bosworth Martindale, owner, proposes to convert a building consisting of two dwelling units and a store to three dwelling units in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 337.03, which states that the use of a building for three dwelling units is not permitted in a Two-Family Residential District.

2. Section 359.01, which states that a use of building or land lawfully existing on the effective date of the Zoning Code or any amendment or supplement thereto, or

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 134

for which a permit has been lawfully issued, may be continued even though such use does not conform to the provisions of this Zoning Code for the use district in which it is located, but no substitution or other change in such nonconforming use to other that a conforming use shall be permitted except by special permit from the Board of Zoning Appeals.( Filed November 29, 2019 – No Testimony) FIRST POSTPONEMENT MADE AT THE REQUEST OF THE APPELLANT TO ALLOW TIME FOR BLOCK CLUB REVIEW.

Postponed from January 6, 2020

9:30 Calendar No. 19-200: 7415 Broadway Avenue (South High School) Ward 12 – Anthony Brancatelli 22 Notices Cleveland Metropolitan School District, owner, proposes to change the use of an accessory garage of a former high school to moderate hazard storage in a B1 Two-Family Residential District (Building Code Use Group S-1). The owner appeals for relief from the strict application of Section 357.03 of the Cleveland Codified Ordinances, which states that storage use as a main or principal use is not permitted in a Two-Family Residential zoning district. (Filed August 8, 2019 – No Testimony) FIRST POSTPONEMENT MADE AT THE REQUEST OF THE COUNCILMAN TO ALLOW FOR TIME FOR FURTHER REVIEW. THIS CASE WAS RESCHEDULED FROM DECEMBER 30 DUE TO A LACK OF QUORUM. SECOND POSTPONEMENT MADE AT THE REQUEST OF THE SCHOOL DISTRICT AS THE REPRESENTATIVE WAS NOT ABLE TO BE PRESENT DUE TO HOLIDAY SCHEDULES.

Postponed from January 27, 2020

9:30 Calendar No. 19-318: 1840 West 52 Street Ward 15 – Matt Zone 10 Notices Jeremy R. Holly, owner, proposes to erect a 20-foot by 58-foot second floor addition and an eight-foot by 19-foot open wooden deck to existing single-family residence in a B1 Two-Family Residential District. The owner appeals for relief from the strict application of the following sections of the Cleveland Codified Ordinances:

1. Section 357.05, which states that the required front yard setback is 23 feet eight inches, and the appellant is proposing 19 feet six inches. (Note: Per division (c) of Section 329.04, the Board is limited in its power to grant a variance to front yard encroachments and is not able to grant this variance unless certain conditions exist.)

2. Division (b)(2) of Section 357.09, which states that the minimum required distance between dwellings on adjacent lot is six feet, and the appellant is proposing four feet. (Filed December 5, 2019 – Testimony Taken)

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 135

POSTPONEMENT MADE TO ALLOW TIME FOR THE APPELLANT TO MEASURE SETBACKS ON STREET.

Schedule of the Board of Zoning Appeals For Monday, February 10, 2020 January 31, 2020 The City Record 136

Report of the Board of Zoning Appeals

Monday, January 27, 2020

At the meeting of the Board of Zoning Appeals on Monday, January 27, 2020, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 19-303: 2150 West 40th Place James Lowery, owner, proposes to build a two-story, 2,520-square-foot wood frame, single-family residence with attached garage on a 5,068-square-foot lot in a B1 Two- Family Residential District.

Calendar No. 19-306: 1880 West 25th Street The Goat My Place LLC., owner, proposes to establish use as a 23,700-square-foot bar and gaming facility in a C4 Local Retail Business District and a Pedestrian Retail Overlay District (PRO).

Calendar No. 19-308: 2950 West 14th Street (Granted Conditionally) Mercedez Oz, owner, proposes to convert a two dwelling unit building to a four dwelling unit building in a D2 Multi-Family Residential District.

Calendar No. 19-309: 16205 Invermere Avenue William Walker, owner, proposes to erect a 14-foot by 16-f00t wooden deck attached to an existing single-family residence in an A1 One-Family Residential District.

Calendar No. 19-312: 1235 West 69th Street Jonathan Gabriel Bonchak, owner, proposes to erect a 14-foot by 20-foot, one-story frame, reverse-gable attached garage to existing single-family residence in a B1 Two- Family Residential District.

Calendar No. 19-317: 10531 Lee Avenue Volunteers of America, owner, proposes to construct two multiple dwellings for female veterans on a lot in a C1 Multi-Family Residential District.

Calendar No. 19-319: 4760 West 130 Street (Granted Conditionally) WEBH Inc., owner, proposes to add a 1,005-square-foot addition and drive-through to existing food establishment located in a C1 Local Retail Business District.

The following appeals were DENIED: None

The following appeals were WITHDRAWN: None

The following appeals were DISMISSED: None

The following cases were REMANDED: None

Report of the Board of Zoning Appeals From Monday, January 27, 2020 January 31, 2020 The City Record 137

The following cases were POSTPONED:

Calendar No. 19-304: James Christensen 4700 Clark Avenue. Postponed to March 2, 2020

Calendar No. 19-307: Alex Lunato 917 Fruit Avenue. Postponed to March 2, 2020.

Calendar No. 19-318: Jeremy R. Holly 1840 West 52nd Street. Postponed to February 10, 2020.

Calendar No. 19-277: Mel's Automotive 3869 East 71st Street. Postponed to March23, 2020.

The following cases were heard by the Board of Zoning Appeals on Monday, January 13, 2020, and the decisions were adopted and approved on Monday, January 27, 2020:

The following appeals were APPROVED:

Calendar No. 19-298: 8901 Wade Park Kenmore Gardens Ltd., owner, proposes to expand the use of an apartment to include a community center on a parcel located in Two-Family Residential and Local Retail Business District.

Calendar No. 19-299: 6401 Broadway Avenue FBE. Inc, owner, proposes to construct a new drive-through Walgreens store in C2 Local Retail Zoning District

Calendar No. 19-305: 4815 Franklin Boulevard (Granted conditionally based on revised drawing) Iglesia Del Salvador, owner, and Chad Kertesz, owner, prospective purchaser, propose to erect a three-story, 12,750-square-foot, 24-unit residential building in a B1 Two- Family Residential District.

The following appeals were DENIED:

Appealing the Division of Parks Maintenance and Properties Invoices Margaret Weldon Foxworth., owner, appeals under the authority of division (b) of Section 76-6 of the Charter of the City of Cleveland and division (d) of Section 329.02 of the Cleveland Codified Ordinances from the decision of Natasha Bruister, the Division of Park Maintenance and Properties Project Coordinator, to deny Ms. Foxworth's appeal of eight invoices on August 12, 2019 (letters dated October 18, 2019).

Report of the Board of Zoning Appeals From Monday, January 27, 2020 January 31, 2020 The City Record 138

Agenda of the Board of Building Standards and Building Appeals

Wednesday, February 5, 2020

Board Of Building Standards and Building Appeals Cleveland City Hall Room 514 216-664-2418

BUILDING: PUBLIC HEARING: 9:30 a.m.

Docket A-301-19 5225 Fleet Avenue WARD: 12 (Anthony Brancatelli)

JB Construction Renovation Rehab, owner of the I-4 Institutional-Day Care for Adults or Children; One-Story Masonry Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated August 1, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-304-19 3459 West 117th Street WARD: 11 (Dona Brady)

Aziz Syed, owner of the MXD Mixed Uses - Multiple Uses In One Building; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 11, 2019; appellant is requesting for ninety (90) days to abate the violations.

BUILDING: PUBLIC HEARING: 10:15 a.m.

Docket A-387-19 9900 Denison Avenue WARD: 11 (Dona Brady)

Denison UCC, owner of the A-3 Assembly – Recreation or Religious Facilities; Three- Story Masonry Walls/Wood Floors Property, appeals from a NOTICE OF VIOLATION – CEASE OF USE; division (h) of Section 3101.5 of the Cleveland Codified Ordinances: Occupancy Change; Section 3111.0: ref OBC 1008.1 – Means of Egress Illumination; Section 391.01: Conditions Requiring Interior Fire Alarm; division (c) of Section 389.35: Classification; Number Required; Location, install hand fire extinguisher as required by code; Section 381.11: Tampering and Obstruction of Egress, Equipment clear all egress path of obstruction; Section 383.14: Storage in Assembly Occupancy, remove all flammable liquids that are not being properly stored; Section 3111.01: ref OBC 1013 Exit Signs, add exit signs as needed throughout the building, dated December 24, 2019; appellant is requesting time to comply with the abatement of the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 139

HOUSING: PUBLIC HEARING: 9:30 a.m.

Docket A-298-19 983 East 131st Street WARD: 10 (Anthony T. Hairston)

Leonard E. Cummings, owner of the One Dwelling Unit; Single-Family Residence, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 10, 2019; appellant is requesting for sixty (60) days to abate the violations.

Docket A-302-19 9916/20 Ostend Avenue WARD: 9 (Kevin Conwell)

Marvenia Callans, owner of the Two Dwelling Unit; Two-Family Residence; Two- and-Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated July 30, 2019; appellant is requesting for more time to abate the violations.

Docket A-303-19 2819 East 120 Street WARD: 6 (Blaine A. Griffin)

Bargain Investments LLC, owner of the Two Dwelling Unit; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE; RENTAL REGISTRATION; LEAD VIOLATION, dated May 23, 2019, and September 10, 2019; appellant is requesting for one (1) year to abate the violations.

Docket A-305-19 12612 Farringdon Avenue WARD: 4 (Kenneth Johnson)

Northern Properties and MGMT, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated September 9, 2019; appellant has requested for time to complete abate of the violations.

Docket A-306-19 3014 Trowbridge Avenue WARD: 14 (Jasmin Santana)

Militz Torres, owner of the One Dwelling Units; Single-Family Residence; Two-and- Half Story Frame Property, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated September 12, 2019; appellant is requesting for six (6) months to abate the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 140

Docket A-307-19 3039 West 47 Street (Front House) WARD: 3 (Kerry McCormack)

Akeem Adigun, owner of the Two Dwelling Units; Two-Family Residence; Two-and- Half Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated August 30, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-308-19 3039 West 47 Street (Rear House) WARD: 3 (Kerry McCormack)

Akeem Adigun, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 6, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-309-19 2939 East 121 Street WARD: 4 (Kenneth Johnson)

Cyril Philpott, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated September 18, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-311-19 424 East 115 Street WARD: 10 (Anthony T. Hairston)

Lorna Barrow, owner of the Two Dwelling Units; Two-Family Residence; Two-and- Half Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated October 3, 2019; appellant is requesting for one (1) year to abate the violations.

Docket A-312-19 3172 West 73 Street WARD: 3 (Kerry McCormack)

Werner Cooch, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 20, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-313-19 790 Rudyard Road WARD: 8 (Michael Polensek)

Star Capital Michigan Holding LLC, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 11, 2019; appellant is requesting for six (6) months to abate the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 141

Docket A-314-19 3598 West 46 Street WARD: 14 (Jasmin Santana)

Carol J. Laux, owner of the One Dwelling Unit; Single-Family Residence; Two-and- Half-Story Frame Property appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 26, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-315-19 16218 Arcade Avenue WARD: 8 (Michael Polensek)

Wilma Braxton, owner of the Two Dwelling Unit; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated October 4, 2019; appellant is requesting for six (6) months to abate the violations.

Docket A-316-19 11435 Edgewater Drive WARD:15 (Matt Zone)

Britishstoneworks, LLC, contractor of the owner of the One Dwelling Unit; Single- Family Residence Property, appeals from a NOTICE OF VIOLATION – POOR WORKMANSHIP, dated September 20, 2019; appellant is requesting for more time to abate the violations.

RE-OPEN-BUILDING: PUBLIC HEARING: 9:30 a.m.

Docket A-276-19 4103 Memphis Avenue WARD: 13 (Kevin J. Kelley)

Old Brooklyn Wine, Vines & Venue, LLC, 0wner of the U Utility-Towers; Tanks; Sheds Fences over Eight Feet Property, appeals from a NOTICE OF VIOLATION – STOP WORK ORDER, dated September 18, 2019; appellant is requesting for time to abate the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 142

Approval of Resolutions

Docket/s:

A-96-19 Marcus Jacobs A-262-19 Mario Parente A-276-19 Old Brooklyn Wine, Vines & Venue, LLC A-286-19 Christina Dobbs A-292-19 Chanell Boyd A-293-19 Erik Castro A-294-19 Ronald C. Johnson A-295-19 Michael P. Maday A-299-19 Jerry Eades A-300-19 William Ruiz III A-310-19 Rock and Roll Hall of Fame

Approval of Minutes

January 22, 2020

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 143

MEMO

To: Tom Vanover, Commissioner/CBO

From: Carmella Davis, Executive Secretary Board of Building Standards and Building Appeals

Date: February 5, 2020

Subject: Request for presence at board hearing

The Board of Building Standards and Building Appeals request the presence of a representative for a Public Hearing on the following Docket/s from the Department of Building and Housing, and the presence of a representative from the Division of Fire on WEDNESDAY, February 5, 2020, at approximately 9:30 a.m.

DOCKET NO. ADDRESS INSPECTOR/S

BUILDING:

A-276-19 4103 Memphis Avenue P. Daley A-301-19 5225 Fleet Avenue B. Medancic A-304-19 3459 West 117th Street A. Cvitic A-387-19 9900 Denison Avenue Cpt. M. Herschbach

HOUSING:

A-298-19 983 East 131st Street J. Cooper A-302-19 9916/18 Ostend Avenue B. Medancic A-303-19 2819 East 120th Street J. Cooper A-305-19 12612 Farringdon Avenue B. McClure A-306-19 3014 Trowbridge Avenue T. Barisic A-307-19 3039 West 47th Street T. Barisic A-307-19 3039 West 47th Street T. Barisic A-308-19 2939 East 121st Street M. Smith A-309-19 2939 East 121st Street M. Smith A-311-19 424 East 115th Street S. Walter A-312-19 3172 West 73rd Street J. Cooper A-313-19 790 Rudyard Road S. Walter A-314-19 3598 West 46th Street T. Barisic A-315-19 16218 Arcade Avenue J. Davis A-316-19 11435 Edgewater Drive B. Bartley

Agenda of the Board of Building Standards and Building Appeals For Wednesday, February 5, 2020 January 31, 2020 The City Record 144

Report of the Board of Building Standards and Building Appeals

Wednesday, January 22, 2020

As required by the provisions of division (2) of Section 3103.20 of the Codified Ordinances of the City of Cleveland, Ohio 1976, the following brief of action of the subject meeting is given for publication in the City Records:

* * *

Docket A-276-19 – RE: Appeal of Old Brooklyn Wine, Vines & Venue, LLC, owner of the U Utility – Towers, Tanks, Sheds Fences over Eight Feet Property, located on the premises known as 4103 Memphis Avenue, appeals from a NOTICE OF VIOLATION – STOP WORK ORDER, dated September 18, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is order at this time to find that the stop work order was properly issued, any appeal is DENIED; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Maschke and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-297-19 – RE: Appeal Muhammed Riaz, owner of the M Mercantile- Retail Shops; Carry-Out Food Shops; One-Story Masonry Property, located on the premises known as 3726 Clark Avenue, appeals from NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated September 11, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-297-19 has been POSTPONED; to be rescheduled for March 18, 2020.

* * *

Docket A-310-19 – RE: Appeal of Rock and Roll Hall of Fame, located on the premises known as 1100 Rock-N-Roll Boulevard, appeals from a NOTICE OF VIOLATION – ESCALATOR, dated October 7, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is order at this time to GRANT the Appellant until February 28, 2020 to complete abatement of the violations; the property is

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 145

REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Gallagher and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-96-19 – RE: Appeal of Marcus Jacobs, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 849 East 141st Street, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated March 28, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is order at this time to GRANT the Appellant until March 1, 2020, to complete abatement of the violations, with no further extensions; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Maschke and seconded by Gallagher.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-262-19 – RE: Appeal of Mario Parente, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 3678 West 137th Street, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 18, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is order at this time to GRANT the Appellant until March 1, 2020, to complete abatement of the violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Maschke and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-286-19 – RE: Appeal Christina Dobbs, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, located on the premises known as 1301 West 110th Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 4, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 146

BE IT RESOLVED, a motion is order at this time to GRANT the Appellant until March 1, 2020, to complete abatement of the violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Gallagher and seconded by Bradley.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-287-19 – RE: Appeal of The Mahdi Group LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 3648 East 151st Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 4, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-287-19 has been RESCHEDULED for February 19, 2020.

* * *

Docket A-288-19 – RE: Appeal The Mahdi Group LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 3852 East 154th Street, appeals from NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated August 30, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-288-19 has been RESCHEDULED for February 19, 2020.

* * *

Docket A-289-19 – RE: Appeal of The Mahdi Group LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 8204 Dorver Avenue, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 4, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-289-19 has been RESCHEDULED for February 19, 2020.

* * *

Docket A-290-19 – RE: Appeal of The Mahdi Group LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 2784 East 124th Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 4, 2019, of the

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 147

Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-290-19 has been RESCHEDULED for February 19, 2020.

* * *

Docket A-291-19 – RE: Appeal The Mahdi Group LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 3582 East 108th Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 4, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-290-19 has been RESCHEDULED for February 19, 2020.

* * *

Docket A-292-19 – RE: Appeal Chanell Boyd, owner of the One Dwelling Unit; Single-Family Residence; Two-and-Half Story Frame Property, located on the premises known as 14408 Lakeshore Avenue, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated July 3, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until February 15, 2020, to obtain permits and until August 1, 2020, to complete abatement of the violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Gallagher and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-293-19 – RE: Appeal of Erik Castro, owner of the Two Dwelling Units; Two-Family Residence; Two-and-Half Story Frame Property, located on the premises known as 3018 Trowbridge Avenue, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated September 12, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to DENY the Appellant request for additional time, noting that the appellant failed to appear and there's a hazard present in the present condition of the property; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradley and seconded by Maschke.

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 148

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-294-19 – RE: Appeal of Ronald C. Johnson, owner of the One Dwelling Unit; Single-Family Residence; One-and-Half Story Frame Property, located on the premises known as 3835 West 136th Street, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 9, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to DENY the Appellant request for additional time and REMAND the property; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradley and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-295-19 – RE: Appeal of Michael P. Maday, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, located on the premises known as 4390 West 139th Street, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 4, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until September 1, 2020, to complete abatement of the violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Gallagher and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-296-19 – RE: Appeal of Andrea Marbley, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Wood Frame/Siding/Masonry Veneer Property, located on the premises known as 2334 East 88th Street, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE AND CONDEMNATION ORDER – GARAGE, dated September 12, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-296-19 has been WITHDRAWN at the request of the Appellant.

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 149

* * *

Docket A-298-19 – RE: Appeal of Leonard E. Cummings, owner of the One Dwelling Unit; Single-Family Residence Frame Property, located on the premises known as 983 East 131st Street appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 10, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

Docket A-298-19 has been POSTPONED; to be rescheduled for February 5, 2020.

* * *

Docket A-299-19 – RE: Appeal Jerry Eades, owner of the Two Dwelling Units; Two-Family Residence; Two-Story Frame Property, located on the premises known as 1465 East 174th Street, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated September 27, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until March 1, 2020, to obtain permits and until August 1, 2020, to complete abatement of the violations under the condition that the third floor remains vacant during the construction; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradley and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

* * *

Docket A-300-19 – RE: Appeal of William Ruiz III, owner of the One Dwelling Unit; Single-Family Residence; Two-and-Half Story Frame Property, located on the premises known as 3302 West 32nd Street, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated September 6, 2019, of the Director of the Department of Building and Housing, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC).

BE IT RESOLVED, a motion is in order at this time to GRANT the Appellant until June 1, 2020, to complete abatement of all EXTERIOR MAINTENANCE violations; the property is REMANDED to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Bradley and seconded by Maschke.

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None.

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 150

Approval of Resolutions

Separate motions were entered by Maschke and seconded by Gallagher for approval and adoption of the Resolutions as presented by the Secretary for the following Dockets respectively, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC):

Dockets:

A-267-19 Anthony S. Fruits A-268-19 Gary Powell A-272-19 Michael J. McIntyre A-273-19 Wolf & Pig Properties LLC A-274-19 Nicole L. Baum A-275-19 Binary Investments Ohio LLC A-277-19 Ohio Erie Properties A-278-19 CAVS Operating Co. A-279-19 Theresa A. Rawlings A-280-19 Mercedes L. Ocejo A-281-19 Ofer Raber A-282-19 Ofer Raber A-283-19 Yolanda Coleman A-284-19 Allan Yee A-285-19 Christina Dobbs A-332-19 Joyce Reid Capital LLC A-333-19 Halloran West A-348-19 Wilder Orlando Villanveva Chavarry

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None

* * *

Approval of Minutes

Separate motions were entered by Maschke and seconded by Bradley for approval and adoption of the Minutes as presented by the Secretary, subject to the Codified Ordinances of the City of Cleveland and the Ohio Building Code (OBC):

January 8, 2020

Yeas: Denk, Gallagher, Bradley, Maschke. Nays: None. Absent: None

* * *

Joseph F. Denk Chairman

Report of the Board of Building Standards and Building Appeals From Wednesday, January 22, 2020 January 31, 2020 The City Record 151

City of Cleveland Bids

For All Departments

Sealed bids will be received at the office of the Commissioner of Purchases and Supplies, Room 128, City Hall, in accordance with the appended schedule, and will be opened and read in Room 128, City Hall, immediately thereafter.

Each bid must be made in accordance with the specifications and must be submitted on the blanks supplied for the purpose, all of which may be obtained at the office of the said Commissioner of Purchases and Supplies, but no bid will be considered unless delivered to the office of the said commissioner previous to 12:00 noon (Eastern Standard Time) on the date specified in the schedule.

Section 187.10 of the Codified Ordinances: Negotiated contracts; Notice required in Advertisements for Bids

Where invitations for bids are advertised, the following notice shall be included in the advertisement: “Pursuant to the MBE/FBE Code; each prime bidder, each minority business enterprise (“MBE”) and each female business enterprise (“FBE”) must be certified before doing business with the City. Therefore, any prime contractor wishing to receive credit for using an MBE or FBE should ensure that applications for certifications as to MBE or FBE status compliance with the Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”) prior to the date of bid opening or submission of proposals or as specified by the Director. Failure to comply with the business enterprise code or with representations made on these forms may result in cancellation of the contract or other civil or criminal penalties.

Click on a bid below to read it:

File No. 9-20 File No. 12-20

File No. 10-20 File No. 13-20

File No. 11-20

City of Cleveland Bids January 31, 2020 The City Record 152

BID OPENS – WEDNESDAY, FEBRUARY 19, 2020

File No. 9-20: Quicklime FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1630-92 SECTION 129.24 PASSED BY COUNCIL SEPTEMBER 21, 1992.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, January 30, 2020, at 2:30 p.m. Located at Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Cleveland, Ohio 44114, 2nd Floor Atrium Conference Room.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 9-20 January 31, 2020 The City Record 153

BID OPENS – WEDNESDAY, FEBRUARY 26, 2020

File No. 10-20: Pipe Repair Clamps and Couplings FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1630-92, SECTION 129.25 PASSED BY COUNCIL SEPTEMBER 21, 1992.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, February 6, 2020, at 2:30 p.m. Located at Distribution and Maintenance Facility, 4600 Harvard Avenue, Cleveland, Ohio 44105, Pipe Repair Conference Room.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 10-20 January 31, 2020 The City Record 154

BID OPENS – WEDNESDAY, FEBRUARY 26, 2020

File No. 11-20: Automotive Parts, Including Labor, Materials and Installation FOR THE DIVISION OF AIRPORT SYSTEMS FOR THE DEPARTMENT OF PORT CONTROL, AS AUTHORIZED BY ORDINANCE 1279-19 PASSED BY COUNCIL NOVEMBER 11, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, February 13, 2020, at 2:30 p.m. Located at Cleveland Hopkins International Airport, 19451 Five Points Road, Cleveland, Ohio 44135, Central Receiving.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 11-20 January 31, 2020 The City Record 155

BID OPENS – THURSDAY, FEBRUARY 27, 2020

File No. 12-20: 2020-2023 Citywide Messenger Services FOR THE VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 497-08, SECTION 181.101 PASSED BY COUNCIL JUNE 2, 2008.

There will be a NON-MANDATORY Pre-Bid Meeting, Tuesday, February 11, 2020, at 2:30 p.m. Located at Cleveland City Hall, 601 Lakeside Avenue, Cleveland, Ohio 44114, Room 18.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 12-20 January 31, 2020 The City Record 156

BID OPENS – THURSDAY, FEBRUARY 27, 2020

File No. 13-20: 2020-2023 Citywide Purchase of Various Types of Paints and Related Supplies FOR THE VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 1420-19 PASSED BY COUNCIL NOVEMBER 25, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Tuesday, February 11, 2020, at 1:30 p.m. Located at Cleveland City Hall, 601 Lakeside Avenue, Cleveland, Ohio 44114, Room 18.

Note: Bid must be delivered to the Office of the Commissioner of Purchases and Supplies, Cleveland City Hall, 601 Lakeside Avenue, Room 128, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 13-20 January 31, 2020 The City Record 157

Directory of City Officials City Council

601 Lakeside Avenue Room 220 Cleveland, OH 44114

Phone: 216.664.2840

President of Council – Kevin J. Kelley

City Clerk, Clerk of Council – Patricia J. Britt

Name Ward Joseph T. Jones 1 Kevin L. Bishop 2 Kerry McCormarck 3 Kenneth L. Johnson, Sr. 4 Phyllis E. Cleveland 5 Blaine A. Griffin 6 Basheer S. Jones 7 Michael D. Polensek 8 Kevin Conwell 9 Anthony T. Hairston 10 Dona Brady 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Matt Zone 15 Brian Kazy 16 Charles Slife 17

City Council Directory of City Officials January 31, 2020 The City Record 158

Permanent Schedule – Standing Committees of the Council 2018-2021

MONDAY – Alternating

9:30 A.M. – Health and Human Services Committee: Griffin (CHAIR), McCormack (VICE-CHAIR), Conwell, B. Jones, Hairston, Santana, Zone.

9:30 A.M. – Municipal Services and Properties Committee: K. Johnson (CHAIR), Brady (VICE-CHAIR), Bishop, Brancatelli, Hairston, J. Jones, Kazy.

MONDAY

2:00 P.M. – Finance Committee: Kelley (CHAIR), Zone (VICE-CHAIR), Brady, Brancatelli, Cleveland, Conwell, Griffin, Kazy, McCormack.

TUESDAY

9:30 A.M. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Cleveland (VICE-CHAIR), Bishop, Hairston, B. Jones, Slife, McCormack.

TUESDAY – Alternating

1:30 P.M. – Utilities Committee: Kazy (CHAIR), Bishop (VICE-CHAIR), Hairston, McCormack, Polensek, Santana, Slife.

1:30 P.M. – Workforce and Community Benefits Committee: Bishop (CHAIR), Cleveland (VICE-CHAIR), Brady, Griffin, B. Jones, J. Jones, Slife.

WEDNESDAY – Alternating

10:00 A.M. – Safety Committee: Zone (CHAIR), Polensek (VICE-CHAIR), Griffin, B. Jones, J. Jones, Kazy, Santana.

10:00 A.M. – Transportation Committee: Cleveland (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, Johnson, J. Jones, Santana.

The following Committees meet at the Call of the Chair:

Mayor’s Appointments Committee: Kazy (CHAIR), Brady, Brancatelli, Cleveland, Kelley.

Operations Committee: McCormack (CHAIR), Griffin, J. Jones, Kelley, Zone.

Rules Committee: Kelley (CHAIR), Cleveland, Hairston, Polensek, Slife.

Permanent Schedule — Standing Committees of the Council Directory of City Officials January 31, 2020 The City Record 159

City Departments

City Hall 601 Lakeside Avenue Cleveland, OH 44114

MAYOR – Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Chief Operating Officer Valarie J. McCall, Chief of Communications, Government & International Affairs Monyka Price, Chief of Education Jason Woods, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Edward W. Rybka, Chief of Regional Development Tracy Martin-Thompson, Chief of Prevention, Intervention and Opportunity for Youth and Young Adults Sheryl Nechvatal, Executive Assistant to the Mayor Martin Flask, Project Coordinator Jaqueline Sutton, Manager – Mayor’s Action Center (MAC)

AGING – Mary McNamara, Director Victoria Corrigan, Administrative Manager Jennifer Rosich, Administrative Manager Adam Cisler, Administrative Manager Tanesha Hunter, Administrative Manager

BOARD OF BUILDING STANDARDS AND BUILDINING APPEALS Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect

BOARD OF ZONING APPEALS Carol A. Johnson, Chairman Tim Donovan

City Departments Directory of City Officials January 31, 2020 The City Record 160

Myrline Barnes Kelley Britt Alanna Faith

BUILDING AND HOUSING – Ayonna Blue Donald, Director Divisions: Anthony Scott, Assistant Director Navid Hussain, Commissioner, Construction Permitting Richard Riccardi, Assistant Commissioner, Construction Permitting Thomas E. Vanover, Commissioner, Code Enforcement Karen L. Lopez, Administrative Assistant

CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Kerry McCormack, Diane Downing, August Fluker, Charles Slife.

CIVIL SERVICE COMMISSION Michael Spreng, Secretary Lila Abrams-Fitzpatrick, Administrator Munday Workman, Supervisor of Civil Service Records Lisa Meece, Chief Examiner

COMMUNITY DEVELOPMENT – Tania Menesse, Director Divisions: Administrative Service – Joy Anderson, Commissioner Office of Fair Housing and Consumer Affairs – John Mahoney, Manager Neighborhood Development – James Greene, Commissioner Neighborhood Services – Louise Jackson, Commissioner

COMMUNITY RELATIONS BOARD – Grady Stevenson, Jr., Director Members: Mayor Frank 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 Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Santana, Peter Whitt, Ted Wammes.

City Departments Directory of City Officials January 31, 2020 The City Record 161

ECONOMIC DEVELOPMET – David Ebersole, Director

FINANCE – Sharon Dumas, Director Divisions: Accounts – Lonya Moss-Walker, Commissioner Assessments and Licenses – Dedrick Stephens, Commissioner City Treasury – James Hartley, Treasurer Financial Reporting and Control – James Gentile, Controller Information Technology and Services Donald-Anthony Phillips, Chief Information Officer Kimberly Roy Wilson, Commissioner Internal Audit – Natasha Brandt, Manager Printing and Reproduction – Michael Hewett, Commissioner Purchases and Supplies – Tiffany White Johnson, Commissioner Sinking Fund Commission – Betsy Hruby, Manager Taxation – Nassim Lynch, Tax Administrator Treasury – James Hartley, Treasurer

HUMAN RESOURCES – Nycole West, Director

LAW – Barbara Langhenry, Director Gary Singletary, Chief Counsel Ronda Curtis, Chief Corporate Counsel Thomas Kaiser, Chief Trial Counsel Karrie Howard, Chief Assistant Prosecutor Robin Wood, Law Librarian

MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Divisions: Architecture and Site Development – Carter Edman, Manager Engineering and Construction – Richard J. Switalski, Manager Real Estate – James DeRosa, Commissioner

MAYOR’S OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director

City Departments Directory of City Officials January 31, 2020 The City Record 162

MAYOR’S OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra T. Pierce-Scott, Director

PHOTO LAB – William Rieter, Chief Photographer Ruggero Fatica, Photographer Clare Walters, Chief Clerk

PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Airport Divisions: Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, Commissioner of Airports Burke Lakefront Airport – Tony Campofredano, Airport Leader

PUBLIC HEALTH – Merle Gordon, Director Divisions: Air Quality – David Hearne, Interim Commissioner Environment – Brian Kimball, Commissioner Health – Persis Sosiak, Commissioner Vital Statistics – Andrea Kacinari, City Registrar

PUBLIC SAFETY – Michael C. McGrath, Director Divisions:

Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – George Coulter, General Manager of Administrative Services

PUBLIC UTILITIES – Robert L. Davis, Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager

City Departments Directory of City Officials January 31, 2020 The City Record 163

Security – Robert Jarvis, Chief TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Rachid Zoghaib, Commissioner

PUBLIC WORKS – Michael Cox, Director Offices: Administration – John Laird, Manager Public Auditorium Susie Claytor, Deputy Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Recreation Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Richard L. Silva, Commissioner Parking Facilities – Kim Johnson, Interim Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Acting Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner

WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Grace A. Kilbane, Executive Director

City Departments Directory of City Officials January 31, 2020 The City Record 164

Cleveland Municipal Court Justice Center – 1200 Ontario Street

Judge Courtroom Presiding and Administrative Judge Michael D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge Ronald J.H. O’Leary (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D

Earle B. Turner – Clerk of Courts Russell R. Brown III – Court Administrator Timothy Lubbe – Housing Court Administrator Robert J. Furda – Chief Bailiff Dean Jenkins – Chief Probation Officer Gregory F. Clifford – Chief Magistrate

Cleveland Municipal Courts Directory of City Officials January 31, 2020 The City Record 165

City Links

Board of Building Standards and Building Appeals http://planning.city.cleveland.oh.us/bza/bbs.html

Board of Zoning Appeals http://planning.city.cleveland.oh.us/bza/cpc.html

City Bids

Invitations to Bid http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/BID

Requests for Proposals/Requests for Qualifications http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/RFP

Cleveland Water http://www.clevelandwater.com/work-with-us/invitations-to-bid

Water Pollution Control http://wpc.clevelandwater.com/?page_id=3342

Cleveland Airports https://www.clevelandairport.com/about-us/business-cle/bids-rfps

City Jobs http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Hu manResources https://www.governmentjobs.com/careers/cleveland

City of Cleveland http://www.city.cleveland.oh.us/

City of Cleveland Charter and Codified Ordinances https://codelibrary.amlegal.com/codes/cleveland/latest/overview

Civil Service Commission http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Civ ilServiceCommission

Cleveland City Council http://www.clevelandcitycouncil.org/

City Links Directory of City Officials January 31, 2020 The City Record 166

Cleveland Courts

Cleveland Municipal Court http://clevelandmunicipalcourt.org/home.html

Clerk of Courts – Cleveland Municipal Court https://clevelandmunicipalcourt.org/clerk-of-courts

Cleveland Housing Court http://clevelandhousingcourt.org/

City Links Directory of City Officials