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

May the Sixth, Two Thousand and Fifteen

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

Kevin J. Kelley President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 22 Board of Control 22 Ward Name Civil Service 24 1 Terrell H. Pruitt Board of Zoning Appeals 25 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 26 4 Kenneth L. Johnson Public Notice 28 5 Phyllis E. Cleveland Public Hearings 28 6 Mamie J. Mitchell City of Cleveland Bids 28 7 TJ Dow Adopted Resolutions and Ordinances 29 8 Michael D. Polensek Committee Meetings 33 9 Kevin Conwell Index 34 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Brian Kazy 17 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230 President of Council – Kevin J. Kelley DIVISIONS: Animal Control Services – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 2 Zack Reed ...... 3734 East 149th Street 44120 Fire – Patrick Kelly, Chief, 1645 Superior Avenue 3 Joe Cimperman ...... P.O. Box 91688 44101 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 Administrative Services – Jesus Rodriguez, Commissioner 7 TJ Dow...... 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Neighborhood Development –Chris Garland, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 DEPT. OF BUILDING AND HOUSING – Ronald J.H. O'Leary, Director, Room 500 11 Dona Brady ...... 1272 44102 DIVISIONS: 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 Code Enforcement – Thomas E. Vanover, Commissioner Construction Permitting – Narid Hussain, Commissioner 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 15 Matthew Zone ...... 1228 West 69th Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 16 Brian Kazy ...... 4300 West 143rd Street 44135 DEPT. OF AGING – Jane Fumich, Director, Room 122 17 Martin J. Keane...... 15907 Colletta Lane 44111 COMMUNITY RELATIONS BOARD City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 – Room 11, Blaine Griffin, Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council MAYOR – Frank G. Jackson Member Brian Cummins, Eugene R. Miller (Board Lawyer), Roosevelt E. Coats, Jenice Ken Silliman, Secretary to the Mayor, Chief of Staff Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Ryan, Peter Whitt. Martin J. Flask, Executive Assistant to the Mayor of Special Projects CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability Michael Flickinger. Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Dan Williams, Media Relations Director BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Elizabeth DIVISIONS: Kukla, Secretary. Architecture and Site Development – Christopher Diehl, Manager BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, Engineering and Construction — Richard J. Switalski, Manager Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. Real Estate — James DeRosa, Commissioner Sullivan. OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, Law Victor R. Perez, Chief Assistant Prosecutor, Room 106: Robin Wood, Law Librarian, Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Utilities Director Paul Bender; Council President Kevin J. Kelley. Natasha Brandt, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; Anthony DIVISIONS: J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Accounts – Lonya Moss Walker, Commissioner, Room 19 Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. City Treasury – James Hartley, Interim Treasurer, Room 115 Render, Genesis O. Brown. Financial Reporting and Control – James Gentile, Controller, Room 18 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Purchases and Supplies – Tiffany White, Commissioner, Room 128 CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Clint Martin, Mark Rivera. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; DEPT. OF PUBLIC UTILITIES – Sharon Dumas, Interim Director, 1201 Lakeside Avenue Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman DIVISIONS: Kevin Kelley. Cleveland Public Power – Ivan Henderson, Commissioner POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Whalen, Nancy Cronin, Elvin Vauss. Water – Alex Margevicius, Interim Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Water Pollution Control – Rachid Zoghaib, Commissioner Laura M. Bala, Freddy L. Collier, Jr., Allan Dreyer, Giancarlo Calicchia, Council Member Terrell H. Pruitt, Robert Strickland, Julie Trott, Robert Vilkas, Donald Petit, Interim DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Secretary. International Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Burke Lakefront Airport – Khalid Bahhur, Commissioner Langhenry. Cleveland Hopkins International Airport – Fred Szabo, Commissioner CLEVELAND MUNICIPAL COURT DEPT. OF PUBLIC WORKS – Michael Cox, Director JUSTICE CENTER – 1200 ONTARIO STREET OFFICES: JUDGE COURTROOM ASSIGNMENTS Administration – John Laird, Manager Judge Courtroom Special Events and Marketing – Tangee Johnson, Manager Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A DIVISIONS: Judge Pinkey S. Carr – Courtroom 12C Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Marilyn B. Cassidy – Courtroom 13A Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michelle Denise Earley – Courtroom 14C Parking Facilities – Antionette Thompson, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Property Management – Tom Nagle, Commissioner Judge James H. Hewitt, III – Courtroom 12A Recreation – Samuel Gissentaner, Interim Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – Randell T. Scott, Interim Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B Traffic Engineering – Robert Mavec, Commissioner Judge Angela R. Stokes – Courtroom 15C Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Pauline H. Tarver – Courtroom 13C DEPT. OF PUBLIC HEALTH – Toinette Parrilla, Director, 75 Erieview Plaza Judge Ed Wade – Courtroom 12B DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – George Baker, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Gregory A. Sims Environment – Chantez Williams, Commissioner, 75 Erieview Plaza – Chief Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Myron Benett, Commissioner, 75 Erieview Plaza Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 102 WEDNESDAY, MAY 6, 2015 No. 5291 CITY COUNCIL MONDAY, MAY 4, 2015

The City Record The following Committees meet at File No. 509-15. Published weekly by the City Clerk, the Call of the Chair: From Diane Karpinski, Petition Clerk of Council under authority Filer. Copy of a petition to be cir- of the Charter of the Mayor's Appointments Committee: culated for an ordinance to be Dow (CHAIR), Brady, Cleveland, City of Cleveland placed on the ballot in November, Kelley, Mitchell. The City Record is available 2016, supporting amending the U. S. online at Constitution to establish that corpo- Operations Committee: Pruitt rations are not people and money is www.clevelandcitycouncil.org (CHAIR), Mitchell, Kelley, Keane, not speech, and providing for regu- Address all communications to Zone. lar public hearings on these topics. PATRICIA J. BRITT Received. Rules Committee: Kelley City Clerk, Clerk of Council (CHAIR), Cleveland, Keane, FROM DIVISION OF 216 City Hall Polensek, Pruitt. LIQUOR CONTROL

PERMANENT SCHEDULE File No. 510-15. STANDING COMMITTEES OFFICIAL PROCEEDINGS CITY COUNCIL RE: #8860446. Transfer of Owner- ship Application, C1 C2. 3218 Able OF THE COUNCIL ______2015-2017 LLC, 3218 East 135th St. (Ward 4). Received. Cleveland, Ohio MONDAY — Alternating Monday, May 4, 2015 The meeting of the Council was File No. 511-15. 9:30 A.M. — Health and Human called to order at 7:01 p.m. with the RE: #5830186. Transfer of Owner- Services Committee: Cimperman President of Council, Kevin J. Kel- ship Application, C2 C2X. Memphis (CHAIR), Mitchell (VICE-CHAIR), ley, in the Chair. Gas Inc., 7210 Memphis Ave. (Ward Brady, Cleveland, Conwell, Cum- 13). Received. mins, J. Johnson. Council Members present: Dona Brady, Anthony Brancatelli, Joe File No. 512-15. 9:30 A.M. — Municipal Services Cimperman, Phyllis E. Cleveland, RE: #8113133. Transfer of Owner- and Properties Committee: K. John- Kevin Conwell, Brian J. Cummins, ship Application, C1 C2. Shrey LLC, son (CHAIR), Dow (VICE-CHAIR), TJ Dow, Jeffrey D. Johnson, Brian 4852 Broadview (Ward 13). Brancatelli, Cummins, J. Johnson, Kazy, Kevin J. Kelley, Kenneth L. Received. Kazy, Reed. Johnson, Martin J. Keane, Mamie J. Mitchell, Michael D. Polensek, Ter- File No. 513-15. MONDAY rell H. Pruitt, and Zack Reed. RE: #2455386. Stock Application, C1 C2. 18506 St. Clair Ave. Inc., 18506 2:00 P.M. — Finance Committee: Also present were: Mayor Frank St. Clair Ave. (Ward 10). Received. Kelley (CHAIR), Cleveland (VICE- G. Jackson, Chief of Staff Ken Sil- liman, Chief Operating Officer Dar- CHAIR), Brady, Brancatelli, Con- File No. 514-15. nell Brown, Chief of Regional Devel- well, Keane, Mitchell, Pruitt, Zone. RE: #4582355. New License Appli- opment Edward W. Rybka, Chief of cation, D5J. Kenko Investment LLC, TUESDAY Education Monyka S. Price, Chief of Sustainability Jenita McGowan, 11312 Euclid Ave. (Ward 6). Received. 9:30 A.M. — Development, Plan- Chief of Public Affairs Natoya ning and Sustainability Committee: Walker-Minor, and Directors File No. 545-15. Brancatelli (CHAIR), Cleveland Langhenry, Smith, Spronz, Parrilla, RE: #1173825. New License Appli- (VICE-CHAIR), Cimperman, Cum- McGrath, Cox, O’Leary, Southering- cation, D5A. CTF Hotel Holdings mins, Dow, Pruitt, Zone. ton, Nichols, Griffin, Collier, Fumich, Ambroz and Burrows. Inc., 24 Public Square (Ward 3). TUESDAY — Alternating Received. Council Members, Administration, 1:30 P.M. — Utilities Committee: Staff, and those in the audience rose CONDOLENCE RESOLUTIONS for a moment of silent reflection, Pruitt (CHAIR), Brady (VICE- and the Pledge of Allegiance. CHAIR), Brancatelli, Cummins, The rules were suspended and the Keane, Mitchell, Polensek. following Resolutions were adopted MOTION by a rising vote: 1:30 P.M. — Workforce and Com- On the motion of Council Member munity Benefits Committee: Cleve- Res. No. 546-15—Dionne Tiffany K. Johnson, the reading of the min- Edwards. land (CHAIR), Zone (VICE-CHAIR), utes of the last meeting was dis- Res. No. 547-15—Reginald Evans. J.Johnson, Kazy, Polensek, Pruitt, pensed with and the journal Pauline Parks Reed. approved. Seconded by Council Mem- Res. No. 548-15— ber Keane. Battle. WEDNESDAY — Alternating Res. No. 558-15—Bishop F. E. COMMUNICATIONS (Floyd Eugene) Perry, Jr. 10:00 A.M. — Safety Committee: Zone (CHAIR), Conwell (VICE- File No. 508-15. CONGRATULATIONS RESOLUTIONS CHAIR), Cimperman, Kazy, Keane, From Ronald J. H. O’Leary, Direc- Mitchell, Polensek. tor, Department of Building and The rules were suspended and the Housing, City of Cleveland. Notice following Resolutions were adopted 10:00 A.M. — Transportation Com- of acceptance of a grant from Cuya- without objection: mittee: Keane (CHAIR), Dow hoga County Property Demolition (VICE-CHAIR), Conwell, J. Johnson, Fund-Round 1 Award, for demolition Res. No. 549-15—Ruth Robertson K.Johnson, Kazy, Reed. of nuisance structures. Received. Sasso. 625 4 The City Record May 6, 2015

Res. No. 550-15—Kayla Earnhart. and preserve the credit of the City, “Refunding Bonds” means the Res. No. 551-15—Meghan White. and as a result, this Ordinance consti- Refunding Bonds authorized by this Res. No. 552-15—Elder Robert E. tutes an emergency measure provid- Ordinance. Vaughn, Sr. ing for the immediate preservation of “Unrestricted Income Tax Res. No. 553-15—Martin “Marty” the public peace, property, health and Receipts” means the gross income tax Sinclair. safety, and for the usual daily opera- receipts of the City net of the amount Res. No. 554-15—Rev. Allen Harris. tion of a municipal department; now, restricted by Chapter 191 of the Codi- Res. No. 555-15—Lea Kayali. therefore, fied Ordinances of the City to the pay- Res. No. 556-15—Sister Barbara Be it ordained by the Council of the ment of capital expenditures. Eppich. City of Cleveland: Unless otherwise indicated, any ref- Section 1. Definitions. In addition to erence to a Section is a reference to a RECOGNITION RESOLUTION the words and terms elsewhere Section of this Ordinance. defined in this Ordinance, including Section 2. Purpose, Authority, and The rules were suspended and the its preambles, unless the context or Authorized Principal Amount. This following Resolution was adopted use clearly indicates another or dif- Council finds and determines that it is without objection: ferent meaning or intent: necessary and proper and in the best “Certificate of Award” means the interest of the City to authorize the Res. No. 557-15—Cinco de Mayo — certificate authorized by Section 3, to issuance of Refunding Bonds for the 2015. be executed by the Director of purpose of refunding the Refunded Finance, setting forth and determin- Bonds. The Refunding Bonds are FIRST READING EMERGENCY ing those terms or other matters per- issued under authority of Article ORDINANCES REFERRED taining to the Refunding Bonds that XVIII, Section 3 of the Ohio Constitu- this Ordinance requires or authorizes tion, Ohio Revised Code Section Ord. No. 515-15. to be set forth or determined in it. 717.07, the Charter of the City, and By Council Member Kelley (by “Credit Support Instrument” means this Ordinance. The principal amount departmental request). an insurance policy, surety, letter of of the Refunding Bonds is to be the An emergency ordinance authoriz- credit, or other instrument used to amount set forth in the Certificate of ing the issuance and sale of Subordi- enhance or provide for the security of Award authorized in Section 3 and nate Lien Unrestricted Income Tax Refunding Bonds. shall be the amount determined by Bonds to refund all or a portion of out- “Debt Service Charges” means, for the Director of Finance, based on the standing Series 2008 bonds issued to any period or time, the principal of written advice of a Financial Advisor, refinance a payment to the Police and (whether at stated maturity, by to be necessary (i) to refund the Fire Pension Fund to obtain debt ser- mandatory sinking fund redemption, Refunded Bonds, (ii) to fund any vice savings and authorizing and by acceleration or otherwise) and deposit to a debt service reserve fund, approving related matters. (iii) to pay costs of any Credit Sup- Whereas, under authority of Sec- interest and any premium due on the Obligations (as defined in the Trust port Instruments, and (iv) to pay tion 3 of Article XVIII of the Ohio Con- costs of issuing the Refunding Bonds Indenture) for that period or payable stitution, Section 717.07 of the Ohio and refunding the Refunded Bonds; at that time, as the case may be. Revised Code, the Charter of the City, provided that the aggregate net pre- “Financial Advisor” means any Ordinance No. 367-94, passed by the sent value debt service savings financial advisory firm or firms City Council on March 14, 1994, and resulting from the refunding of the retained by the Director of Finance of the Original Indenture (as defined in Refunded Bonds is not less than 3%. the City, from time to time, pursuant Section 1), the City issued its Subordi- The proceeds from the sale of the to Section 13. nated Income Tax Variable Rate Refunding Bonds shall be deposited Refunding Bonds, Series 1994 (the “First Supplemental Indenture” and applied as provided in the First “Series 1994 Bonds”), to provide for a means First Supplemental Trust Supplemental Indenture and for the payment to the Police and Fire Pen- Indenture, between the City and the purposes stated in this Ordinance, sion Fund of the State of Ohio in sat- Trustee, supplementing the Trust and those proceeds are appropriated isfaction at a reduced amount of cer- Indenture and providing terms specif- for those purposes. tain obligations of the City for ic to the Refunding Bonds. Section 3. Terms of Refunding employer’s accrued liability to that “General Bond Ordinance” means Bonds. The final terms of the Refund- Pension Fund; and Ordinance No. 1749-80 passed by the ing Bonds shall be set forth in a writ- Whereas, under authority of Sec- Council on October 8, 1980, as amend- ten certificate to be signed and deliv- tion 3 of Article XVIII of the Ohio Con- ed by Ordinance No. 1112-83 passed by ered by the Director of Finance upon stitution, Section 717.07 of the Ohio the Council on May 6, 1983, and Ordi- the sale of the Refunding Bonds upon Revised Code, the Charter of the City, nance No. 944-96, passed by the Coun- terms and conditions consistent with Ordinance No. 290-08 passed by the cil on June 10, 1996. this Ordinance and that in the opinion City Council on February 25, 2008 and “Indenture” means the Trust Inden- of the Director of Finance, based on under a Trust Indenture dated as of ture, as supplemented and amended the written advice of a Financial August 1, 2008 (the “Trust Inden- from time to time, including by the Advisor, are in the best interests of ture”), between the City and U.S. First Supplemental Indenture. the City (the “Certificate of Award”). Bank National Association (the “Original Indenture” means the The Refunding Bonds shall be dated “Trustee”), the City issued its Subor- Indenture of Trust dated as of May 15, the date of issuance or such other dinate Lien Unrestricted Income Tax 1994, between the City and the Origi- date as is designated in the Certifi- Bonds, Series 2008 (Police and Fire nal Trustee, securing the Series 1994 cate of Award. The Refunding Bonds Pension Payment) (the “Series 2008 Bonds, as supplemented and amended shall mature on the dates and in the Bonds”), to currently refund all of its by the First Supplemental Indenture respective principal amounts deter- outstanding Series 1994 Bonds; and of Trust dated as of May 8, 1998, the mined in the Certificate of Award, Whereas, this Council has deter- Second Supplemental Indenture of provided that the final maturity date mined to authorize the issuance by Trust dated as of March 9, 1999, and shall be not later than the final matu- the City of refunding bonds (“Refund- the Third Supplemental Indenture of rity date of the Refunded Bonds. The ing Bonds”) for the purpose of refund- Trust dated as of June 1, 1999. Refunding Bonds shall bear interest ing all or a portion of the City’s out- “Original Trustee” means U.S. Bank from their date at the rate or rates per standing Series 2008 Bonds (the National Association, as trustee year set forth in the Certificate of “Refunded Bonds”) to obtain debt ser- under the Original Indenture. Award, or if any Refunding Bonds vice savings on all or a portion of the “Pledged Revenues” means the less- bear interest at variable rate or rates, Refunded Bonds ; and er of (i) the Unrestricted Income Tax at the rate determined pursuant to the Whereas, the Refunding Bonds and Receipts, or (ii) the Unrestricted method identified in the Certificate of any additional series of Bonds issued Income Tax Receipts remaining after Award and set forth in the First Sup- under the Trust Indenture are the City’s Central Collection Agency plemental Indenture, until the princi- payable from and secured by the has withheld and paid to the Escrow pal amount of the Refunding Bonds is Pledged Revenues (as defined in Sec- Agent, as defined in the General Bond paid or payment is provided for. Inter- tion 1) under the terms of the Trust Ordinance, the amount required by est on the Refunding Bonds shall be Indenture; Section (b) of the General Bond Ordi- payable on the dates determined in Whereas, the authorization for nance to be withheld and paid to the the Certificate of Award and as fur- issuance of Refunding Bonds is nec- Escrow Agent and after payment of ther provided for in the First Supple- essary to enable the City to take any other amounts required to honor mental Indenture. If any Refunding advantage of favorable market condi- the pledge of income tax receipts of Bonds bear interest at a fixed rate, tions on a timely basis to obtain debt the City in Section 9 of the General that rate shall not exceed 6% per year service savings and thereby to protect Bond Ordinance. (computed on the basis of a 360-day 626 May 6, 2015 The City Record 5 year consisting of twelve 30-day special arrangements for payments to behalf of the City that such disclosure months). If any Refunding Bonds the Depository. The Refunding Bonds document is “deemed final” by the bear interest at a variable rate or shall be signed by the persons and in City within the meaning of Securities rates, those rates shall not exceed the the manner set forth in the Indenture. and Exchange Commission Rule 15c2- rate set forth below. The Refunding Bonds shall be num- 12 (the “SEC Rule”). The Director of The provisions of Sections 9.98 to bered as determined by the Director Finance is authorized to contract for 9.983 of the Revised Code shall apply of Finance. services for the production and distri- to the Refunding Bonds and pursuant Section 5. Sale of Refunding Bonds. bution of preliminary and final offi- to that authority and this Ordinance, The Refunding Bonds shall be sold at cial statements, including by printed the Director of Finance may deter- not less than 97% of par plus accrued and electronic means. mine in the Certificate of Award, interest at private sale by the Direc- For the benefit of the holders and based on the written advice of a finan- tor of Finance to one or more finan- beneficial owners from time to time of cial advisor, that the City’s best inter- cial institutions selected by the Direc- the Refunding Bonds, the City agrees, ests will be served by causing all or a tor of Finance based on an evaluation in accordance with, and as the only portion of the Refunding Bonds to be of the qualifications of firms that obligated person with respect to the obligations bearing interest at vari- have proposed to underwrite the Refunding Bonds under the SEC Rule, able rates. If the Director of Finance Refunding Bonds (collectively, the to provide or cause to be provided so determines, then the Director of “Original Purchaser”) in accordance such financial information and oper- Finance shall specify in the Certifi- with law, the provisions of this Ordi- ating data and notices, in such man- cate of Award the method and proce- nance and the Certificate of Award. ner, as may be required for purposes dure by which the variable rate of The Director of Finance shall cause of the SEC Rule. In order to describe interest to be borne by the variable the Refunding Bonds to be prepared, and specify certain terms of the City’s rate Refunding Bonds shall be deter- and have the Refunding Bonds signed continuing disclosure agreement for mined; provided that the variable rate and delivered, together with a true that purpose, and thereby to imple- Refunding Bonds shall not bear inter- transcript of proceedings with refer- ment that agreement, including provi- est at a rate in excess of 25% per year. ence to the issuance of the Refunding sions for enforcement, amendment The Director of Finance is authorized Bonds if requested by the Original and termination, the Director of to enter into agreements in connec- Purchaser, to the Original Purchaser Finance is authorized to prepare or tion with the delivery of the variable upon payment of the purchase price. cause to be prepared, and to sign and rate Refunding Bonds, and from time The Director of Finance is authorized deliver, in the name and on behalf of to time thereafter so long as the vari- to sign and deliver, in the name and the City, a continuing disclosure able rate Refunding Bonds are out- on behalf of the City, a bond purchase agreement or certificate, which shall standing, with providers of Credit agreement between the City and the constitute the continuing disclosure Support Instruments and others as Original Purchaser, or representative agreement made by the City for the may be determined by the Director of thereof (the “Purchase Agreement”), benefit of the holders and beneficial Finance, based on the written advice containing terms consistent with this owners of the Refunding Bonds in of a financial advisor, to be necessary Ordinance and that are determined by accordance with the SEC Rule. The or appropriate to provide for the the Director of Finance, based on the performance of that agreement shall method of determining the variable written advice of a Financial Advisor, be subject to the availability of funds interest rates, permitting holders the to be customary for revenue bonds and their annual appropriation to right of tender, providing for liquidi- issued by governmental entities, meet costs the City would be required ty or credit support for the payment of including, without limitation, repre- to incur to perform it. The Director of the variable rate Refunding Bonds sentations as to the accuracy and Finance is further authorized to upon tender for purchase or redemp- completeness of information con- establish procedures in order to tion, and providing for the repayment tained in the official statement of the ensure compliance by the City with by the City of any amounts drawn City described below. The Director of its continuing disclosure agreement, under the Credit Support Instrument. Finance shall provide for the pay- including the timely provision of The Director of Finance, based on ment of the services rendered and for information and notices. the written advice of a Financial reimbursement of expenses incurred Section 6. Security and Source of Advisor, shall further determine and pursuant to the Purchase Agreement Payment. The Refunding Bonds shall specify in the Certificate of Award from the proceeds of the Refunding be special obligations of the City, and whether any of the Refunding Bonds Bonds to the extent available and the Debt Service Charges on the are subject to optional redemption then from Fund No. 01 SF 001 or from Refunding Bonds shall be payable prior to maturity, the earliest date on other money lawfully available and solely from the Pledged Revenues. which redeemable Refunding Bonds appropriated or to be appropriated for The payment of Debt Service Charges shall be subject to prior redemption, that purpose. The Mayor, the Director on the Refunding Bonds will be which shall not be later than ten of Finance, the Clerk, the Director of secured by the Indenture and by a years from the first interest payment Law, and other City officials, as pledge of and lien on the debt service date, and the applicable redemption appropriate, are each authorized to fund and any debt service reserve premium for the redeemable Refund- sign any transcript certificates, fund held by the Trustee under the ing Bonds, which shall be not greater financial statements and other docu- Indenture. The Refunding Bonds do than 102% of the principal amount ments and instruments and to take not and shall not represent or consti- redeemed. The Refunding Bonds may such actions as are necessary or tute a general obligation debt or be subject to purchase by the City in appropriate to consummate the trans- pledge of the faith and credit of the lieu of optional redemption if and to actions contemplated by this Ordi- City. the extent provided in the Certificate nance. Section 7. Pledge and Covenant to of Award and the First Supplemental If, in the judgment of the Director Maintain Income Tax. So long as the Indenture. of Finance, a disclosure document in Refunding Bonds are outstanding Section 4. Form; Exchange; Execu- the form of an Official Statement is under the Indenture, the City pledges tion. The Refunding Bonds shall be appropriate or necessary in connec- the Pledged Revenues and grants a issued in fully registered form. The tion with the original issuance of the lien thereon, subordinate to the lien Refunding Bonds initially shall be Refunding Bonds, the Director of granted in the General Bond Ordi- delivered only in book-entry form, Finance is authorized to prepare or nance as security for the general shall be registered in the name of the cause to be prepared on behalf of the obligation bonds of the City issued Depository (as defined in the Inden- City an Official Statement and any and outstanding under the General ture) or its nominee, as registered necessary supplements and to autho- Bond Ordinance, to the full extent owner, and immobilized in the cus- rize the use and distribution of that required to meet Debt Service tody of the Depository, and shall not Official Statement and any supple- Charges payable on the Refunding be transferable or exchangeable ments. The Director of Finance is Bonds and any Debt Service Charges (except for transfer to another Depos- authorized to sign on behalf of the on Parity Obligations (as defined in itory or its nominee) without further City that Official Statement and any the Indenture). The City covenants to action by the City pursuant to the pro- supplements. The Director of Finance appropriate annually sufficient visions of the Indenture. The princi- is authorized to sign and deliver, on amounts from the income taxes for pal and any redemption premium and behalf of the City, such certificates in such purpose. The City further the interest payable on each Refund- connection with the accuracy of the covenants that so long as any Refund- ing Bond shall be payable at the Official Statement and any supple- ing Bonds are outstanding under the times, to the persons and in the man- ments as may, in the Director’s judg- Indenture, the City shall not repeal or ner set forth in, or referenced by, the ment, be necessary or appropriate. amend, or suffer the repeal of, any Indenture, including, without limita- The Director of Finance is also autho- ordinance for the levy or collection of tion, provisions thereof permitting rized to determine and certify on its unrestricted income taxes in any 627 6 The City Record May 6, 2015 manner or to such extent that the City Section 10. Federal Tax Considera- and all other actions, make or obtain would not be able to meet its obliga- tions. The City covenants that it will calculations, make payments, and tions to the holders of the Refunding use, and will restrict the use and make or give reports, covenants and Bonds. investment of, the proceeds of the certifications of and on behalf of the Section 8. Supplemental Indenture. Refunding Bonds in such manner and City, as may be appropriate to assure The Director of Finance is authorized to such extent as may be necessary so the exclusion of interest from gross to sign and deliver on behalf of the that (a) the Refunding Bonds will not income and the intended tax status of City a supplemental trust indenture (i) constitute private activity bonds the Refunding Bonds, and (c) to give (the “First Supplemental Indenture”), or arbitrage bonds under Sections 141 one or more appropriate certificates supplementing the Trust Indenture to or 148 of the Internal Revenue Code of of the City, for inclusion in the tran- provide procedures for the authenti- 1986, as amended (the Code) or (ii) be script of proceedings for the Refund- cation, registration and transfer of treated other than as bonds to which ing Bonds, setting forth the reason- the Refunding Bonds, redemption of Section 103(a) of the Code applies, able expectations of the City regard- Refunding Bonds, payments under and (b) the interest thereon will not ing the amount and use of all the pro- any Credit Support Instrument autho- be an item of tax preference under ceeds of the Refunding Bonds, the rized by Section 12, application of the Section 57 of the Code. facts, circumstances and estimates on proceeds of the Refunding Bonds, The City further covenants that (a) which they are based, and other facts defeasance of the Refunding Bonds, it will take or cause to be taken such and circumstances relevant to the tax and other terms consistent with this actions that may be required of it for treatment of the interest on and the Ordinance and the Certificate of the interest on the Refunding Bonds tax status of the Refunding Bonds. Award and approved by the Director to be and to remain excluded from Section 11. Authorization of Hedg- of Finance as not substantially gross income for federal income tax ing Arrangements. This Council finds adverse to the City. The First Supple- purposes, (b) it will not take or autho- that by engaging in interest rate mental Indenture shall be approved rize to be taken any actions that hedging arrangements with respect as to form by the Director of Law. The would adversely affect that exclu- to Bonds the City may reduce its cost determination by the Director of sion, and (c) it, or persons acting for of borrowing by optimizing the rela- Finance that the provisions of the it, will, among other acts of compli- tive amounts of its fixed and variable First Supplemental Indenture are not ance, (i) apply the proceeds of the rate obligations or minimizing the substantially adverse to the City Refunding Bonds to the governmen- risk of variations in its debt service shall be conclusively evidenced by tal purpose of the borrowing, (ii) costs or obtaining savings by con- the Director’s signing of the First restrict the yield on investment prop- firming rates of interest on Bonds in Supplemental Indenture. As appropri- erty acquired with those proceeds, advance of their issuance. To permit ate under the Charter, the Mayor, the (iii) make timely and adequate pay- the City to have the flexibility to Director of Finance, the Director of ments to the federal government, (iv) undertake with respect to Bonds Law, the Clerk of Council and other maintain books and records and make interest rate swap, swaption, rate cap, appropriate officers of the City are, calculations and reports, and (v) rate collar and other hedging transac- and each of them is, authorized to refrain from certain uses of those pro- tions, from time to time, and to estab- sign, acknowledge and deliver, in the ceeds, and, as applicable, of property lish the procedures for approving name and on behalf of the City, such financed with such proceeds, all in those transactions, this Council documents, certifications and instru- such manner and to the extent neces- authorizes the signing and delivery ments in addition to the Trust Inden- sary to assure such exclusion of that of one or more agreements, including ture and First Supplemental Inden- interest under the Code. amendments or supplements to exist- ture as may be necessary or appropri- Each covenant made in this section ing agreements (each, a “Hedge ate to issue and sell the Refunding with respect to the Refunding Bonds Agreement”), and any related agree- Bonds and to consummate the trans- is also made with respect to all issues ments necessary for the consumma- actions authorized by this Ordinance. any portion of the debt service on tion of the transactions contemplated Section 9. Refunding of Refunded which is paid from proceeds of the by each Hedge Agreement or to Bonds; Escrow Agreement. The Direc- Refunding Bonds (and, if different, achieve or maintain compliance with tor of Finance is authorized to sign the original issue and any refunding federal regulations applicable to the and deliver, in the name and on behalf issues in a series of refundings), to Hedge Agreement, if any, and the of the City, an escrow agreement the extent such compliance is neces- payment of any amounts owed in con- between the City and the Trustee, as sary to assure exclusion of interest on nection with each Hedge Agreement. escrow trustee, providing for, among the Refunding Bonds from gross The authorizations in this Section are other matters: the investment and income for federal income tax purpos- supplemental to and not in derogation holding in escrow of the proceeds of es, and the officers identified above of any authority provided by any the Refunding Bonds to be applied to are authorized to take actions with other ordinance of this Council con- the refunding of the Refunded Bonds; respect to those issues as they are cerning hedging arrangements. the application of the moneys derived authorized in this section to take with Upon the determination of the from those investments to the pay- respect to the Refunding Bonds. Director of Finance, based on the ment of the Debt Service Charges on The Director of Finance, as the fis- written advice of a Financial Advisor, the Refunded Bonds; and the condi- cal officer, or any other officer of the that it is to the financial advantage of tional call for redemption of the City having responsibility for the City and in the City’s best inter- Refunded Bonds. The Director of issuance of the Refunding Bonds is ests that a hedging arrangement be Finance shall provide for the pay- hereby authorized (a) to make or undertaken by the City with respect ment of the services rendered and for effect any election, selection, desig- to any Bonds issued or to be issued reimbursement of expenses incurred nation, choice, consent, approval, or under the Indenture, the Director of pursuant to the escrow agreement waiver on behalf of the City with Finance may authorize one or more from proceeds of the Refunding respect to the Refunding Bonds as the interest rate hedge transactions in Bonds to the extent available and City is permitted or required to make accordance with the applicable then from Fund No. 70 SF 001 or other or give under the federal income tax Hedge Agreement; provided that (a) money lawfully available and appro- laws, including, without limitation the counterparty shall be rated at the priated or to be appropriated for that thereto, any of the elections provided time of signing the Hedge Agreement purpose. Provision shall be made in for in Section 148(f)(4)(C) of the not lower than “A” by at least one rat- the escrow agreement to give the Code or available under Section 148 of ing agency or its obligations under Trustee any written notice of redemp- the Code, for the purpose of assuring, the Hedge Agreement shall be guar- tion required under the Trust Inden- enhancing or protecting favorable anteed or insured by an entity rated ture. The Director of Finance and tax treatment or status of the Refund- at the time of signing the Hedge other appropriate City officials shall ing Bonds or interest thereon or Agreement not lower than “A” by at sign all documents and take all other assisting compliance with require- least one rating agency, with such actions necessary or appropriate on ments for that purpose, reducing the rating in either case determined with- the part of the City to effect such burden or expense of such compli- out regard to a gradation by numeri- refunding in accordance with the ance, reducing rebate amounts or pay- cal or plus or minus or other modifier escrow agreement, the Trust Inden- ments or penalties, or making pay- and (b) the term of each hedge trans- ture and to cause the Refunded Bonds ments of special amounts in lieu of action shall not exceed the final matu- to be deemed paid and discharged, making computations to determine, rity of the Bonds to which the hedge including without limitation, the or paying, excess earnings as rebate, relates. retention of an independent firm of or obviating those amounts or pay- The Director of Finance shall nego- accountants to verify the mathemati- ments, as determined by that officer, tiate the terms of each Hedge Agree- cal accuracy of the calculations relat- which action shall be in writing and ment with a counterparty satisfying ing to the escrow. signed by the officer, (b) to take any the credit criteria in this Ordinance. 628 May 6, 2015 The City Record 7

The City shall receive a written opin- contract for one or more Credit Sup- Section 17. Captions, Headings, and ion of a Financial Advisor that the port Instruments for any Series of Section References. The captions and payments to be made by the counter- Refunding Bonds or designated por- headings in this Ordinance are solely party to the City, or by the City to the tions thereof if the Director deter- for convenience of reference and in no counterparty, shall be fair value for mines, based on the written advice of way define, limit, or describe the the Hedge Agreement, considering, a Financial Advisor, that the Credit scope or intent of any Sections, sub- among other things, the credit of the Support Instruments will result in sections, paragraphs, subparagraphs, City and the counterparty and the debt service savings to the City. The or clauses hereof. Reference to a Sec- terms and conditions of the Hedge cost of obtaining each rating and the tion means a section of this Ordinance Agreement. The Director of Finance cost of obtaining each Credit Support unless otherwise indicated. shall determine the terms and condi- Instrument, except to the extent paid Section 18. Severability. Each sec- tions of the Hedge Agreement, includ- by the Original Purchaser in accor- tion of this Ordinance and each subdi- ing without limitation, the rates to be dance with the Bond Purchase Agree- vision or paragraph of any section is paid by the counterparty to the City ment, shall be paid from the proceeds hereby declared to be independent, and by the City to the counterparty of Refunding Bonds or funds appro- and the finding or holding of any sec- under the Hedge Agreement, the time priated for that purpose. tion or any subdivision or paragraph or times and procedures for the exer- Section 13. Financial Advisor. The of any section to be invalid or void cise by the counterparty or the City, Director of Finance may obtain the shall not be deemed or held to affect as the case may be, of any option services of one or more Financial the validity of any other section, sub- under the Hedge Agreement, and Advisors, from time to time, to assist division or paragraph of this Ordi- the Director of Finance in making whether the obligations of the City nance. any of the determinations required by under the Hedge Agreement shall be Section 19. Compliance with Open this Ordinance to be determined by secured by a Credit Support Instru- Meeting Requirements. This Council the Director of Finance. The Director ment. The approval of each interest finds and determines that all formal of Finance may rely on the written rate hedge transaction by the Direc- actions of this Council and any of its advice of any Financial Advisor so tor of Finance shall be conclusively committees concerning and relating retained. Any Financial Advisor or to the passage of this Ordinance were evidenced by the signing and delivery consultant employed under the of the applicable Hedge Agreement taken in an open meeting of this authority of this Ordinance shall be Council or committees, and that all by the Director of Finance. disinterested in the transaction and The Director of Finance is autho- deliberations of this Council and any be independent of the underwriters or of its committees that resulted in rized to terminate any Hedge Agree- counterparties and any other party ments in whole or in part or any Cred- those formal actions were in meetings interested in the transaction. open to the public, all in compliance it Support Instrument securing a Section 14. Interpretation and Leg- with the law. Hedge Agreement if the Director of islative Intent. Any provisions of the Section 20. Sunset of Authorization. Finance determines, based on the Codified Ordinances of the City that The authority granted by this Ordi- written advice of a Financial Advisor, are inconsistent with the provisions nance shall expire three years from that the City’s best interests will be of this Ordinance shall not apply to the effective date of this Ordinance. If served by such termination. The the Refunding Bonds or matters a preliminary official statement with Director of Finance is further autho- authorized herein. respect to the Refunding Bonds is dis- rized to enter into amendments, nova- All terms, conditions, pledges, tributed under the authority of this tions, assignments or modifications covenants or agreements on the part Ordinance at any time within the of a Hedge Agreement or any Credit of the City provided for in this Ordi- three-year period following its effec- Support Instrument securing a Hedge nance are made by the voluntary act tive date, then the authority granted Agreement determined by the Direc- of the City under its lawful authority, by this Ordinance shall not expire as tor of Finance, based on the written including its authority under its Char- to those Refunding Bonds. The Direc- advice of a Financial Advisor, that ter and Article XVIII of the Constitu- tor of Finance shall notify the Chair- the City’s best interests will be served tion of Ohio. man of the Finance Committee and by such amendment or modification. Nothing in this Ordinance is intend- the Clerk of this Council of the initia- The City’s obligations under any ed to, and no provision hereof shall be tion of the issuance of any Refunding Hedge Agreement shall be payable applied in any manner as would, Bonds under the authority of this from the Pledged Revenues and may impair the obligation of contract of Ordinance. the City with respect to any outstand- be payable also from other funds per- Section 21. Emergency. This Ordi- ing bonds, notes, certificates of mitted by law to be used for the pur- nance is hereby declared to be an indebtedness, other obligations, trust pose, as identified by the Director of emergency measure for the immedi- indentures, trust agreements, or other Finance in the Hedge Agreement. ate preservation of the public peace, agreements or contracts made or property, health and safety of the City Those payments may be secured by a entered into by the City and for which pledge of Pledged Revenues that may by providing for the refunding of the consideration was duly received by Refunded Bonds, which will enable be subordinate to the pledge of the City prior to the passage of this Pledged Revenues for the Bonds, to the City to obtain debt service sav- Ordinance or the General Bond Ordi- ings and thereby protect and preserve the extent permitted by the Inden- nance. the credit of the City, and for the ture, all as determined by the Director Section 15. Validity. This Council usual daily operation of a municipal of Finance and set forth in the Hedge finds and determines that this Ordi- department, and, provided it receives Agreement. The obligation of the City nance was passed in compliance with the affirmative vote of two-thirds of to make payments under any Hedge all applicable provisions of the City’s all members elected to Council, it Agreement does not and shall not rep- Charter and the rules of this Council. shall take effect and be in force imme- resent or constitute a general obliga- This Council further finds and deter- diately upon its passage and approval tion, debt, bonded indebtedness or a mines that all acts and conditions nec- by the Mayor; otherwise it shall take pledge of the faith and credit of the essary to be done or performed by the effect and be in force from and after City or the State of Ohio. Nothing City or to have been met precedent to the earliest period allowed by law. gives any party to any Hedge Agree- and in the issuing of the Refunding Referred to Directors of Finance, ment the right to have excises, ad val- Bonds in order to make them legal, Law; Committee on Finance. orem or other taxes levied by the City valid, and binding special obligations or the State of Ohio for the payment of of the City have been performed and Ord. No. 516-15. any amounts due under any Hedge have been met, or will at the time of By Council Members Reed, K. John- Agreement. delivery of the Refunding Bonds have son and Kelley (by departmental Section 12. Credit Facilities and been performed and have been met, in request). Ratings. If, in the judgment of the regular and due form as required by An emergency ordinance giving Director of Finance, based on the law, and that no limitation of indebt- consent of the City of Cleveland to the written advice of a Financial Advisor, edness or taxation, either statutory or County of Cuyahoga for the resurfac- the filing of an application for a rat- constitutional, is applicable to the ing of East 116th Street from Miles ing on the Refunding Bonds by one or issuance of the Refunding Bonds. Road to Union Avenue; authorizing more nationally recognized rating Section 16. Delivery to County Fis- the Director of Capital Projects to agencies is in the best interests of the cal Officer. The Director of Finance is enter into agreements; to apply for City, the Director of Finance is autho- directed to forward a certified copy of and accept an allocation of County rized to prepare and submit those this Ordinance and of the Certificate Motor Vehicle License Tax Funds; applications and to provide to each of Award for the Refunding Bonds to and authorizing the Commissioner of such agency such information as may the County Fiscal Officer of Cuya- Purchases and Supplies to acquire be required for the purpose. The hoga County and to secure a receipt any real property and easements nec- Director of Finance is authorized to therefor. essary for the improvement. 629 8 The City Record May 6, 2015

Whereas, this ordinance constitutes keep the highway open to traffic at (d) That the construction, recon- an emergency measure providing for all times; and struction, and/or arrangement of all the usual daily operation of a munici- (a) Place and maintain all traffic utilities shall be done in a manner as pal department; now, therefore, control devices conforming to the not to interfere unduly with the oper- Be it ordained by the Council of the Ohio Manual of Uniform Traffic Con- ation of the contractor constructing City of Cleveland: trol Devices on the Improvement in the Improvement, and all backfilling Section 1. Consent. That it is compliance with the provisions of Sec- of trenches made necessary by utility declared to be in the public interest tion 4511.11 of the Revised Code and rearrangements shall be performed that the consent of the City of Cleve- other related sections of the Revised under the provisions of the ODOT land is given to the County of Cuya- Code; Construction and Material Specifica- hoga (the “County”) to construct the (b) That the street or highway tions. following improvement under plans, within the limits of the Improvement Section 8. Miscellaneous specifications, and estimates is designated a through highway as (a) That if the County is formally approved by the County: resurfacing provided in division (A)(6) of Section requested by ordinance of this Coun- of East 116th Street from Miles Road 4511.07 of the Revised Code; cil to include the construction of sani- to Union Avenue (County ID No. 1170) (c) That stop signs affecting the tary sewers, water lines, area sewers (the “Improvement”). movement of traffic on the street or (drainage of area surrounding the Section 2. Cooperation highway within the Improvement Improvement), sidewalks, alternate (a) That the City will cooperate shall be removed, and no stop signs bid items, or other items in the with the County in the Improvement. shall be erected on same except at its Improvement that are in addition to (b) That the County will arrange intersection with another through those now existing and not provided for the preparation of construction highway where traffic does not war- for elsewhere in this ordinance, the plans and specifications, including rant the installation of a traffic con- County will do so, provided that the necessary engineering reports for the trol signal but where the warrants for construction meets with the approval Improvement, under Current Cuya- a “Four-Way Stop” as provided in the of the County and the City involved in hoga County standards for construc- above-mentioned Manual are met; this Improvement; and that the City tion of County roads and bridges. (d) That no rule or regulation shall agrees to pay, or make arrangements (c) That the County will arrange be enacted restricting the use of the for the payment of the cost of the con- for the supervision and administra- Improvement by any class of vehicle struction, cost of preliminary and tion of the construction project. or vehicle load permitted by the design engineering, and construction (d) That the City agrees to assume Revised Code to use a public high- supervision. and contribute 100% of the cost of any way. Any existing rule or regulation (b) For purposes of this ordinance, items included in the construction so restricting road usage is rescinded; the agent for the County and liaison contract at the request of the City, and officer shall be the County Engineer which are determined by the County (e) The City shall regulate parking to be not eligible or made necessary in the following manner: Prohibit of Cuyahoga County, Ohio, and/or by the Improvement. parking under Section 4511.66 of the such members of his staff as he may Section 3. Funding Revised Code unless otherwise con- designate. (a) That the City agrees to cooper- trolled by local ordinance or resolu- (c) That the City agrees to conduct ate with the County in the cost of the tion. this transaction by electronic means Improvement by an allocation from Section 6. Right-of-Way and agrees that all documents requir- the County Motor Vehicle License (a) That all existing street and ing County signatures may be execut- Tax Fund; and by applying to the public right-of-way within the City ed by electronic means, and that the County to use the License Tax Funds which is necessary for the Improve- electronic signatures affixed by the for the Improvement. ment shall be made available. County to the documents shall have (b) That the County shall secure (b) That in the event any addition- the same legal effect as if that signa- and/or contribute one-hundred per- al right-of-way is required, the City ture was manually affixed to a paper cent (100%) of the cost of design, con- will arrange for the acquisition. version of the document. The City struction, and construction supervi- Section 7. Utilities also agrees on behalf of the afore- sion. (a) That the City will make mentioned entities and persons to be (c) That if funds administered by arrangements with and obtain bound by the provisions of Chapters the Ohio Public Works Commission arrangements from all privately- 304 and 1306 of the Revised Code as are used for the Improvement, the owned public utility companies they pertain to electronic transac- amount of the funds shall be applied whose lines or structures will be tions, and to comply with the elec- to the County’s share of the costs spec- affected by the Improvement, and the tronic signature policy of the County. ified in this ordinance. companies have agreed to make any Section 9. That the Director of Capi- Section 4. Maintenance. That upon and all necessary arrangements in tal Projects is authorized to enter into completion of the Improvement, the such a manner as to be clear of any agreements necessary to complete the City will keep the highway open to construction called for by the plans Improvement. traffic at all times; and for the Improvement, and the compa- Section 10. That the Director of Cap- (a) Maintain the Improvement in nies have agreed to make necessary ital Projects is authorized to apply to accordance with the provisions of the rearrangements immediately after the County for approval to use County statutes relating thereto and make notification by the City. Motor Vehicle License Tax funds to ample financial provisions for the (b) That the County will partici- pay for the Improvement, to accept maintenance; pate in the costs of alterations of gov- the funds and to file all papers and (b) Maintain the right-of-way and ernmentally-owned utility facilities execute all documents necessary to keep it free of obstructions in a man- which come within the provisions of receive the funds; and that the funds ner satisfactory to the County and Section 8204 (Utility Reimbursement are appropriated for the purposes set hold the right-of-way inviolate for Eligibility) of the Ohio Department of forth above. public highway purposes and permit Transportation’s Real Estate Policies Section 11. That, notwithstanding no signs, posters, billboards, roadside and Procedures Manual to the same any provision of the Codified Ordi- stands or other private installations extent that it participates in the other nances of Cleveland, Ohio, 1976, to the within the right-of-way limits; costs of the Improvement, provided, contrary, the Commissioner of Pur- (c) That the County shall continue however, that such participation will chases and Supplies is authorized to to maintain the structural elements of not extend to any additions or better- acquire, accept, and record for right- any bridge (defined as a structure ments of existing facilities. of-way purposes any real property with a span of twenty feet or greater) (c) That it is agreed that the City and easements as is necessary to located within the limits of the shall, at its own expense, make all make the improvements described in Improvement under the applicable rearrangements of water mains, ser- this ordinance. The consideration to sections of the Revised Code; and vice, lines, fire hydrants, valve boxes, be paid for the property and ease- (d) After construction of the sanitary sewers, or other city-owned ments shall not exceed fair market Improvement is complete, the City utilities and/or appurtenances there- value to be determined by the Board agrees to follow and maintain post- to which do not comply with the Pro- of Control. construction Best Management Prac- visions of Section 8204 (Utility Reim- Section 12. That the Director of Cap- tices as outlined in the Municipal bursement Eligibility) of the Ohio ital Projects is authorized to execute Storm Water Permit that is filed with Department of Transportation’s Real on behalf of the City all documents the Ohio Environmental Protection Estate Policies and Procedures Manu- necessary to acquire, accept, and Agency. al, whether inside or outside the cor- record the property and easements Section 5. Traffic. That on comple- porate limits, as may be necessary to and to employ and pay all fees for tion of the Improvement, the City will conform to the Improvement. title companies, surveys, escrows, 630 May 6, 2015 The City Record 9 appraisers, and all other costs neces- (100%) of the cost of design, construc- Section 7. Utilities sary for the acquisition of the proper- tion, and construction supervision. (a) That the City will make ty and easements. (c) That if funds administered by arrangements with and obtain Section 13. That this Council the Ohio Public Works Commission arrangements from all privately- requests the County to proceed with are used for the Improvement, the owned public utility companies the Improvement. amount of the funds shall be applied whose lines or structures will be Section 14. That the Clerk of Coun- to the County’s share of the costs spec- affected by the Improvement, and the cil is directed to transmit to the Coun- ified in this ordinance. companies have agreed to make any ty three (3) certified copies of this Section 4. Maintenance. That upon and all necessary arrangements in ordinance immediately on its taking completion of the Improvement, the such a manner as to be clear of any effect. City will keep the highway open to construction called for by the plans Section 15. That this ordinance is traffic at all times; and for the Improvement, and the compa- declared to be an emergency measure (a) Maintain the Improvement in nies have agreed to make necessary and, provided it receives the affirma- accordance with the provisions of the rearrangements immediately after tive vote of two-thirds of all the mem- statutes relating thereto and make notification by the City. bers elected to Council, it shall take ample financial provisions for the (b) That the County will partici- effect and be in force immediately maintenance; pate in the costs of alterations of gov- upon its passage and approval by the (b) Maintain the right-of-way and ernmentally-owned utility facilities Mayor; otherwise it shall take effect keep it free of obstructions in a man- which come within the provisions of and be in force from and after the ear- ner satisfactory to the County and Section 8204 (Utility Reimbursement liest period allowed by law. hold the right-of-way inviolate for Eligibility) of the Ohio Department of Referred to Directors of Capital public highway purposes and permit Transportation’s Real Estate Policies Projects, City Planning Commission, no signs, posters, billboards, roadside and Procedures Manual to the same Finance, Law; Committees on Munici- stands or other private installations extent that it participates in the other pal Services and Properties, Finance. within the right-of-way limits; costs of the Improvement, provided, (c) That the County shall continue however, that such participation will Ord. No. 517-15. to maintain the structural elements of not extend to any additions or better- By Council Members Polensek, J. any bridge (defined as a structure ments of existing facilities. Johnson, K. Johnson and Kelley (by with a span of twenty feet or greater) (c) That it is agreed that the City departmental request). located within the limits of the shall, at its own expense, make all An emergency ordinance giving Improvement under the applicable rearrangements of water mains, ser- consent of the City of Cleveland to the sections of the Revised Code; and vice, lines, fire hydrants, valve boxes, County of Cuyahoga for the resurfac- (d) After construction of the sanitary sewers, or other city-owned ing of Eddy Road from St. Clair Improvement is complete, the City utilities and/or appurtenances there- Avenue to Interstate 90; authorizing agrees to follow and maintain post- to which do not comply with the Pro- the Director of Capital Projects to construction Best Management Prac- visions of Section 8204 (Utility Reim- enter into agreements; to apply for tices as outlined in the Municipal bursement Eligibility) of the Ohio and accept an allocation of County Storm Water Permit that is filed with Department of Transportation’s Real Motor Vehicle License Tax Funds; the Ohio Environmental Protection Estate Policies and Procedures Manu- and authorizing the Commissioner of Agency. al, whether inside or outside the cor- Purchases and Supplies to acquire Section 5. Traffic. That on comple- porate limits, as may be necessary to any real property and easements nec- tion of the Improvement, the City will conform to the Improvement. essary for the improvement. keep the highway open to traffic at (d) That the construction, recon- Whereas, this ordinance constitutes all times; and struction, and/or arrangement of all an emergency measure providing for (a) Place and maintain all traffic utilities shall be done in a manner as the usual daily operation of a munici- control devices conforming to the not to interfere unduly with the oper- pal department; now, therefore, Ohio Manual of Uniform Traffic Con- ation of the contractor constructing Be it ordained by the Council of the trol Devices on the Improvement in the Improvement, and all backfilling City of Cleveland: compliance with the provisions of Sec- Section 1. Consent. That it is tion 4511.11 of the Revised Code and of trenches made necessary by utility declared to be in the public interest other related sections of the Revised rearrangements shall be performed that the consent of the City of Cleve- Code; under the provisions of the ODOT land is given to the County of Cuya- (b) That the street or highway Construction and Material Specifica- hoga (the “County”) to construct the within the limits of the Improvement tions. following improvement under plans, is designated a through highway as Section 8. Miscellaneous specifications, and estimates provided in division (A)(6) of Section (a) That if the County is formally approved by the County: resurfacing 4511.07 of the Revised Code; requested by ordinance of this Coun- of Eddy Road from St. Clair Avenue to (c) That stop signs affecting the cil to include the construction of sani- Interstate 90 (County ID No. 1173) movement of traffic on the street or tary sewers, water lines, area sewers (the “Improvement”). highway within the Improvement (drainage of area surrounding the Section 2. Cooperation shall be removed, and no stop signs Improvement), sidewalks, alternate (a) That the City will cooperate shall be erected on same except at its bid items, or other items in the with the County in the Improvement. intersection with another through Improvement that are in addition to (b) That the County will arrange highway where traffic does not war- those now existing and not provided for the preparation of construction rant the installation of a traffic con- for elsewhere in this ordinance, the plans and specifications, including trol signal but where the warrants for County will do so, provided that the necessary engineering reports for the a “Four-Way Stop” as provided in the construction meets with the approval Improvement, under Current Cuya- above-mentioned Manual are met; of the County and the City involved in hoga County standards for construc- (d) That no rule or regulation shall this Improvement; and that the City tion of County roads and bridges. be enacted restricting the use of the agrees to pay, or make arrangements (c) That the County will arrange Improvement by any class of vehicle for the payment of the cost of the con- for the supervision and administra- or vehicle load permitted by the struction, cost of preliminary and tion of the construction project. Revised Code to use a public high- design engineering, and construction (d) That the City agrees to assume way. Any existing rule or regulation supervision. and contribute 100% of the cost of any so restricting road usage is rescinded; (b) For purposes of this ordinance, items included in the construction and the agent for the County and liaison contract at the request of the City, (e) The City shall regulate parking officer shall be the County Engineer which are determined by the County in the following manner: Prohibit of Cuyahoga County, Ohio, and/or to be not eligible or made necessary parking under Section 4511.66 of the such members of his staff as he may by the Improvement. Revised Code unless otherwise con- designate. Section 3. Funding trolled by local ordinance or resolu- (c) That the City agrees to conduct (a) That the City agrees to cooper- tion. this transaction by electronic means ate with the County in the cost of the Section 6. Right-of-Way and agrees that all documents requir- Improvement by an allocation from (a) That all existing street and ing County signatures may be execut- the County Motor Vehicle License public right-of-way within the City ed by electronic means, and that the Tax Fund; and by applying to the which is necessary for the Improve- electronic signatures affixed by the County to use the License Tax Funds ment shall be made available. County to the documents shall have for the Improvement. (b) That in the event any addition- the same legal effect as if that signa- (b) That the County shall secure al right-of-way is required, the City ture was manually affixed to a paper and/or contribute one-hundred percent will arrange for the acquisition. version of the document. The City 631 10 The City Record May 6, 2015 also agrees on behalf of the afore- Section 1. That it is declared to be in and interests of the City to ODOT aris- mentioned entities and persons to be the public interest that the consent of ing from any agreement with its con- bound by the provisions of Chapters the City of Cleveland is given to the sultant in order to allow ODOT to 304 and 1306 of the Revised Code as Director of Transportation of the direct additional or corrective work, they pertain to electronic transac- State of Ohio (“the State”) to con- recover damages due to errors or tions, and to comply with the elec- struct the following improvement omissions, and to exercise all other tronic signature policy of the County. under plans, specifications, and esti- contractual rights and remedies Section 9. That the Director of Capi- mates approved by the State: repair- afforded by law or equity. tal Projects is authorized to enter into ing and resurfacing St. Clair Avenue Section 7. That the City agrees that agreements necessary to complete the from Old River Road to West 9th if Federal Funds are used to pay the Improvement. Street and East 13th Street to East cost of any consultant contract, the Section 10. That the Director of Cap- 55th Street, PID No. 100158 (the City shall comply with 23 CFR 172 in ital Projects is authorized to apply to “Improvement”). the selection of its consultant and the the County for approval to use County Section 2. That the City proposes to administration of the consultant con- Motor Vehicle License Tax funds to cooperate with the State in the cost of tract. Further, the City agrees to pay for the Improvement, to accept the Improvement by assuming and incorporate ODOT’s “Specifications the funds and to file all papers and contributing the entire cost and for Consulting Services” as a contract execute all documents necessary to expense of the Improvement, less the document in all of its consultant con- receive the funds; and that the funds amount of federal funds allocated by tracts. The City agrees to require, as a are appropriated for the purposes set the Federal Highway Administration, scope of services clause, that all plans forth above. United States Department of Trans- prepared by the consultant must con- Section 11. That, notwithstanding portation. The City agrees to assume form to ODOT’s current design stan- any provision of the Codified Ordi- one hundred percent (100%) of the dards and that the consultant shall be nances of Cleveland, O hio, 1976, to the cost of preliminary engineering, responsible for ongoing consultant contrary, the Commissioner of Pur- right-of-way and environmental docu- involvement during the construction chases and Supplies is authorized to phase of the Improvement. The City mentation. Also, the City agrees to acquire, accept, and record for right- agrees to include a completion sched- assume and contribute 100% of the of-way purposes any real property ule acceptable to ODOT and to assist cost of any items included in the con- and easements as is necessary to ODOT in rating the consultant’s per- struction contract at the request of make the improvements described in formance through ODOT’s Consultant this ordinance. The consideration to the City, which are determined by the Evaluation System. be paid for the property and ease- State not eligible or made necessary Section 8. That this Council ments shall not exceed fair market by the Improvement. The share of the requests the State to proceed with the value to be determined by the Board cost of the City is estimated in the Improvement. of Control. amount of $786,000, but the estimated Section 9. That the Director of Capi- Section 12. That the Director of Cap- amount is to be adjusted in order that tal Projects is authorized to apply for ital Projects is authorized to execute the City’s ultimate share of the and accept any gifts or grants for this on behalf of the City all documents Improvement shall correspond with purpose from any public or private necessary to acquire, accept, and the percentages of actual costs when entity, including but not limited to record the property and easements the actual costs are determined. NOACA; and that the Director is and to employ and pay all fees for Section 3. That the Director of Capi- authorized to file all papers and exe- title companies, surveys, escrows, tal Projects is authorized to enter into cute all documents necessary to appraisers, and all other costs neces- one or more agreements with the receive the funds under the grant; and sary for the acquisition of the proper- State necessary to complete the plan- that the funds are appropriated for ty and easements. ning and construction of the Improve- the purposes described in this ordi- Section 13. That this Council ment, which agreements shall contain nance. requests the County to proceed with terms and conditions that the Director Section 10. That, when appropriate, the Improvement. of Law determines shall best protect the Director of Capital Projects is Section 14. That the Clerk of Coun- the public interest. authorized to enter into one or more cil is directed to transmit to the Coun- Section 4. Utilities and Right-of- contracts with the railroads, Greater ty three (3) certified copies of this Way Statement. The City agrees to Cleveland Regional Transit Authori- ordinance immediately on its taking acquire and/or make available to ty, the Regional Sewer effect. ODOT, under current State and Feder- District and other entities to obtain Section 15. That this ordinance is al regulations, all necessary right-of- services or to acquire property rights declared to be an emergency measure way required for the Improvement. such as easements and licenses, nec- and, provided it receives the affirma- The City also understands that right- essary to construct the improvements tive vote of two-thirds of all the mem- of-way costs include eligible utility described in this ordinance. bers elected to Council, it shall take costs. The City agrees to be responsi- Section 11. That the Director of Cap- effect and be in force immediately ble for all utility accommodation, ital Projects is authorized to accept upon its passage and approval by the cash contributions from public or pri- relocation, and reimbursement and Mayor; otherwise it shall take effect vate entities, for infrastructure agrees that all such accommodations, and be in force from and after the ear- restoration costs associated with relo- liest period allowed by law. relocations, and reimbursements cating, rehabilitating or reconstruct- Referred to Directors of Capital shall comply with the current provi- ing utility infrastructure for the Projects, City Planning Commission, sions of 23 CFR 645 and the ODOT improvement. Finance, Law; Committees on Munici- Utilities Manual. Section 12. That the Director of Cap- pal Services and Properties, Finance. Section 5. Maintenance. Upon com- ital Projects is authorized to enter pletion of the Improvement, and into any agreements necessary to Ord. No. 518-15. unless otherwise agreed, the City implement the improvement. By Council Members Cimperman, shall: (1) provide adequate mainte- Section 13. That the Clerk of Coun- Dow, J. Johnson, K. Johnson and Kel- nance for the Improvement under all cil is authorized and directed to trans- ley (by departmental request). applicable state and federal laws, mit to the State three (3) certified An emergency ordinance giving including, but not limited to, 23 USC copies of this ordinance immediately consent of the City of Cleveland to the 116; (2) provide ample financial provi- on its taking effect, and it shall Director of Transportation of the sions, as necessary, for the mainte- become the basis for proceeding with State of Ohio for improving St. Clair nance of the Improvement; (3) main- the Improvement. Avenue from Old River Road to West tain the right-of-way, keeping it free Section 14. That this Council autho- 9th Street and East 13th Street to East of obstructions; and (4) hold said rizes payment to the State of the 55th Street; to apply for and accept right-of-way inviolate for public high- City’s share of the Improvement from any gifts or grants from any public or way purposes. Fund Nos. 20 SF 520, 20 SF 528, 20 SF private entity; authorizing the Direc- Section 6. That the Director of Capi- 534, 20 SF 540, 20 SF 546, 20 SF 554, and tor of Capital Projects to enter into tal Projects is authorized to enter into 20 SF 563, and any all funds approved any relative agreements; and causing contracts with ODOT pre-qualified by the Director of Finance, including payment of the City’s share to the consultants for the preliminary engi- future bond funds if issued for this State for the cost of the improvement. neering phase of the Improvement purpose, Request No. RQS 0103, RL Whereas, this ordinance constitutes and to enter into contracts with the 2015-70. an emergency measure providing for Director of Transportation necessary Section 15. That this ordinance is the usual daily operation of a munici- to complete the above described pro- declared to be an emergency measure pal department; now, therefore, ject. Upon the request of ODOT, the and, provided it receives the affirma- Be it ordained by the Council of the Director of Capital Projects is also tive vote of two-thirds of all the mem- City of Cleveland: authorized to assign all rights, title, bers elected to Council, it shall take 632 May 6, 2015 The City Record 11 effect and be in force immediately relocation, and reimbursement and cash contributions from public or pri- upon its passage and approval by the agrees that all such accommodations, vate entities, for infrastructure Mayor; otherwise it shall take effect relocations, and reimbursements restoration costs associated with relo- and be in force from and after the ear- shall comply with the current provi- cating, rehabilitating or reconstruct- liest period allowed by law. sions of 23 CFR 645 and the ODOT ing utility infrastructure for the Referred to Directors of Capital Utilities Manual. improvement. Projects, City Planning Commission, Section 5. Maintenance. Upon com- Section 12. That the Director of Cap- Finance, Law; Committees on Munici- pletion of the Improvement, and ital Projects is authorized to enter pal Services and Properties, Finance. unless otherwise agreed, the City into any agreements necessary to shall: (1) provide adequate mainte- implement the improvement. Ord. No. 519-15. nance for the Improvement under all Section 13. That the Clerk of Coun- By Council Members Kazy, Keane, applicable state and federal laws, cil is authorized and directed to trans- K. Johnson and Kelley (by depart- including, but not limited to, 23 USC mit to the State three (3) certified mental request). 116; (2) provide ample financial provi- copies of this ordinance immediately An emergency ordinance giving sions, as necessary, for the mainte- on its taking effect, and it shall consent of the City of Cleveland to the nance of the Improvement; (3) main- become the basis for proceeding with Director of Transportation of the tain the right-of-way, keeping it free the Improvement. State of Ohio for improving West of obstructions; and (4) hold said Section 14. That this Council autho- 150th Street from Industrial Parkway right-of-way inviolate for public high- rizes payment to the State of the to Lorain Avenue; to apply for and way purposes. City’s share of the Improvement from accept any gifts or grants from any Section 6. That the Director of Capi- Fund Nos. 20 SF 520, 20 SF 528, 20 SF public or private entity; authorizing tal Projects is authorized to enter into 534, 20 SF 540, 20 SF 546, 20 SF 554, and the Director of Capital Projects to contracts with ODOT pre-qualified 20 SF 563, and any all funds approved enter into any relative agreements; consultants for the preliminary engi- by the Director of Finance, including and causing payment of the City’s neering phase of the Improvement future bond funds if issued for this share to the State for the cost of the and to enter into contracts with the purpose, Request No. RQS 0103, RL improvement. Director of Transportation necessary 2015-73. Whereas, this ordinance constitutes to complete the above described pro- Section 15. That this ordinance is an emergency measure providing for ject. Upon the request of ODOT, the declared to be an emergency measure the usual daily operation of a munici- Director of Capital Projects is also and, provided it receives the affirma- pal department; now, therefore, authorized to assign all rights, title, tive vote of two-thirds of all the mem- Be it ordained by the Council of the and interests of the City to ODOT aris- bers elected to Council, it shall take City of Cleveland: ing from any agreement with its con- effect and be in force immediately Section 1. That it is declared to be in sultant in order to allow ODOT to upon its passage and approval by the the public interest that the consent of direct additional or corrective work, Mayor; otherwise it shall take effect the City of Cleveland is given to the recover damages due to errors or and be in force from and after the ear- Director of Transportation of the omissions, and to exercise all other liest period allowed by law. State of Ohio (“the State”) to con- contractual rights and remedies Referred to Directors of Capital struct the following improvement afforded by law or equity. Projects, City Planning Commission, under plans, specifications, and esti- Section 7. That the City agrees that Finance, Law; Committees on Munici- mates approved by the State: repair- if Federal Funds are used to pay the pal Services and Properties, Finance. ing and resurfacing West 150th Street cost of any consultant contract, the from Industrial Parkway to Lorain City shall comply with 23 CFR 172 in Ord. No. 520-15. Avenue, PID No. 100160 (the the selection of its consultant and the By Council Members Keane, K. “Improvement”). administration of the consultant con- Section 2. That the City proposes to tract. Further, the City agrees to Johnson and Kelley (by departmental cooperate with the State in the cost of incorporate ODOT’s “Specifications request). the Improvement by assuming and for Consulting Services” as a contract An emergency ordinance giving contributing the entire cost and document in all of its consultant con- consent of the City of Cleveland to the expense of the Improvement, less the tracts. The City agrees to require, as a Director of Transportation of the amount of federal funds allocated by scope of services clause, that all plans State of Ohio for improving Warren the Federal Highway Administration, prepared by the consultant must con- Road from Munn Road to Interstate United States Department of Trans- form to ODOT’s current design stan- 90; to apply for and accept any gifts or portation. The City agrees to assume dards and that the consultant shall be grants from any public or private one hundred percent (100%) of the responsible for ongoing consultant entity; authorizing the Director of cost of preliminary engineering, involvement during the construction Capital Projects to enter into any rel- right-of-way and environmental docu- phase of the Improvement. The City ative agreements; and causing pay- mentation. Also, the City agrees to agrees to include a completion sched- ment of the City’s share to the State assume and contribute 100% of the ule acceptable to ODOT and to assist for the cost of the improvement. cost of any items included in the con- ODOT in rating the consultant’s per- Whereas, this ordinance constitutes struction contract at the request of formance through ODOT’s Consultant an emergency measure providing for the City, which are determined by the Evaluation System. the usual daily operation of a munici- State not eligible or made necessary Section 8. That this Council pal department; now, therefore, by the Improvement. The share of the requests the State to proceed with the Be it ordained by the Council of the cost of the City is estimated in the Improvement. City of Cleveland: amount of $629,200, but the estimated Section 9. That the Director of Capi- Section 1. That it is declared to be in amount is to be adjusted in order that tal Projects is authorized to apply for the public interest that the consent of the City’s ultimate share of the and accept any gifts or grants for this the City of Cleveland is given to the Improvement shall correspond with purpose from any public or private Director of Transportation of the the percentages of actual costs when entity, including but not limited to State of Ohio (“the State”) to con- the actual costs are determined. NOACA; and that the Director is struct the following improvement Section 3. That the Director of Capi- authorized to file all papers and exe- under plans, specifications, and esti- tal Projects is authorized to enter into cute all documents necessary to mates approved by the State: repair- one or more agreements with the receive the funds under the grant; and ing and resurfacing Warren Road State necessary to complete the plan- that the funds are appropriated for from Munn Road to Interstate 90, PID ning and construction of the Improve- the purposes described in this ordi- No. 100159 (the “Improvement”). ment, which agreements shall contain nance. Section 2. That the City proposes to terms and conditions that the Director Section 10. That, when appropriate, cooperate with the State in the cost of of Law determines shall best protect the Director of Capital Projects is the Improvement by assuming and the public interest. authorized to enter into one or more contributing the entire cost and Section 4. Utilities and Right-of- contracts with the railroads, Greater expense of the Improvement, less the Way Statement. The City agrees to Cleveland Regional Transit Authori- amount of federal funds allocated by acquire and/or make available to ty, the Northeast Ohio Regional Sewer the Federal Highway Administration, ODOT, under current State and Feder- District and other entities to obtain United States Department of Trans- al regulations, all necessary right-of- services or to acquire property rights portation. The City agrees to assume way required for the Improvement. such as easements and licenses, nec- one hundred percent (100%) of the The City also understands that right- essary to construct the improvements cost of preliminary engineering, of-way costs include eligible utility described in this ordinance. right-of-way and environmental docu- costs. The City agrees to be responsi- Section 11. That the Director of Cap- mentation. Also, the City agrees to ble for all utility accommodation, ital Projects is authorized to accept assume and contribute 100% of the 633 12 The City Record May 6, 2015 cost of any items included in the con- ODOT in rating the consultant’s per- Whereas, this ordinance constitutes struction contract at the request of formance through ODOT’s Consultant an emergency measure providing for the City, which are determined by the Evaluation System. the usual daily operation of a munici- State not eligible or made necessary Section 8. That this Council pal department; now, therefore, by the Improvement. The share of the requests the State to proceed with the Be it ordained by the Council of the cost of the City is estimated in the Improvement. City of Cleveland: amount of $273,980, but the estimated Section 9. That the Director of Capi- Section 1. That the Director of Capi- amount is to be adjusted in order that tal Projects is authorized to apply for tal Projects is authorized to issue a the City’s ultimate share of the and accept any gifts or grants for this permit, revocable at the will of Coun- Improvement shall correspond with purpose from any public or private cil, to Buckeye Shaker Square Devel- the percentages of actual costs when entity, including but not limited to opment Corporation, 11802 Buckeye the actual costs are determined. NOACA; and that the Director is Rd, Cleveland, Ohio, 44120 (“Permit- Section 3. That the Director of Capi- authorized to file all papers and exe- tee”), to encroach into the public tal Projects is authorized to enter into cute all documents necessary to rights-of-way within the neighbor- one or more agreements with the receive the funds under the grant; and hoods of Buckeye-Shaker, Larchmere, State necessary to complete the plan- that the funds are appropriated for and Woodland Hills by installing, ning and construction of the Improve- the purposes described in this ordi- using, and maintaining sixteen ment, which agreements shall contain nance. 8’x4”x4” wooden posts and eighteen terms and conditions that the Director Section 10. That, when appropriate, signs, to be attached to Cleveland of Law determines shall best protect the Director of Capital Projects is Public Power utility poles (by sepa- the public interest. authorized to enter into one or more rate permission of the pole owner) to contracts with the railroads, Greater Section 4. Utilities and Right-of- identify four community walking Cleveland Regional Transit Authori- Way Statement. The City agrees to routes, at the following locations: ty, the Northeast Ohio Regional Sewer acquire and/or make available to 1. Northeast corner of Martin District and other entities to obtain ODOT, under current State and Feder- Luther King Jr. Drive. & Dickens services or to acquire property rights al regulations, all necessary right-of- Avenue (HEAL) way required for the Improvement. such as easements and licenses, nec- essary to construct the improvements 2. Northeast corner of Martin The City also understands that right- Luther King Jr. Drive. & Forest of-way costs include eligible utility described in this ordinance. Section 11. That the Director of Cap- Avenue (HEAL) costs. The City agrees to be responsi- 3. Northeast corner of Martin ble for all utility accommodation, ital Projects is authorized to accept cash contributions from public or pri- Luther King Jr. Drive. & Buckeye relocation, and reimbursement and Road (CPP) agrees that all such accommodations, vate entities, for infrastructure 4. Southeast corner of Martin relocations, and reimbursements restoration costs associated with relo- Luther King Jr. Drive. & Shaker shall comply with the current provi- cating, rehabilitating or reconstruct- Boulevard (HEAL) sions of 23 CFR 645 and the ODOT ing utility infrastructure for the 5. Northeast corner of Martin Utilities Manual. improvement. Luther King Jr. Drive. & Shaker Section 5. Maintenance. Upon com- Section 12. That the Director of Cap- Boulevard. (HEAL) pletion of the Improvement, and ital Projects is authorized to enter 6. Northwest corner of Shaker unless otherwise agreed, the City into any agreements necessary to Boulevard & East 116th Street. shall: (1) provide adequate mainte- implement the improvement. nance for the Improvement under all Section 13. That the Clerk of Coun- (HEAL) applicable state and federal laws, cil is authorized and directed to trans- 7. Southeast corner of Martin mit to the State three (3) certified including, but not limited to, 23 USC Luther King Jr. Boulevard & East copies of this ordinance immediately 116; (2) provide ample financial provi- 110th Street (HEAL) on its taking effect, and it shall sions, as necessary, for the mainte- 8. Northwest corner of Martin become the basis for proceeding with nance of the Improvement; (3) main- Luther King Jr. Drive & East 116th the Improvement. tain the right-of-way, keeping it free Street. (HEAL) Section 14. That this Council autho- of obstructions; and (4) hold said 9. Southwest corner of Martin rizes payment to the State of the right-of-way inviolate for public high- Luther King Jr. Drive. & Woodland City’s share of the Improvement from way purposes. Avenue (HEAL) Fund Nos. 20 SF 520, 20 SF 528, 20 SF Section 6. That the Director of Capi- 10. Northeast corner of Martin 534, 20 SF 540, 20 SF 546, 20 SF 554, and tal Projects is authorized to enter into Luther King Jr. Drive & Larchmere 20 SF 563, and any all funds approved contracts with ODOT pre-qualified Boulevard (CPP) by the Director of Finance, including 11. Northwest corner of Larchmere consultants for the preliminary engi- future bond funds if issued for this neering phase of the Improvement Boulevard & East 121st Street. (CPP) purpose, Request No. RQS 0103, RL 12. Northwest corner of Mt. Over- and to enter into contracts with the 2015-71. look Ave. & East 121st Street (CPP) Director of Transportation necessary Section 15. That this ordinance is 13. Northwest corner of Mt. Over- to complete the above described pro- declared to be an emergency measure look Avenue & East 124th Street ject. Upon the request of ODOT, the and, provided it receives the affirma- (CPP) Director of Capital Projects is also tive vote of two-thirds of all the mem- 14. Southwest corner of East 124th authorized to assign all rights, title, bers elected to Council, it shall take and interests of the City to ODOT aris- effect and be in force immediately Street & Britton Drive (CPP) ing from any agreement with its con- upon its passage and approval by the 15. Shaker Boulevard & Shaker sultant in order to allow ODOT to Mayor; otherwise it shall take effect Square (NW quadrant; in front of Bal- direct additional or corrective work, and be in force from and after the ear- aton, near the mailbox) (HEAL) recover damages due to errors or liest period allowed by law. 16. Southwest corner of N. Moreland omissions, and to exercise all other Referred to Directors of Capital Boulevard & Larchmere Boulevard contractual rights and remedies Projects, City Planning Commission, (CPP) afforded by law or equity. Finance, Law; Committees on Munici- 17. Southwest corner of East 130th Section 7. That the City agrees that pal Services and Properties, Finance. Street & Larchmere Boulevard (CPP) if Federal Funds are used to pay the 18. Southwest corner of E. 128th cost of any consultant contract, the Ord. No. 521-15. Street & Larchmere Boulevard City shall comply with 23 CFR 172 in By Council Members K. Johnson (HEAL) the selection of its consultant and the and Brancatelli (by departmental 19. Southwest corner of E. 127th administration of the consultant con- request). Street & Larchmere Boulevard (CPP) tract. Further, the City agrees to An emergency ordinance authoriz- 20. Southwest corner of E. 126st incorporate ODOT’s “Specifications ing the Director of Capital Projects to Street & Larchmere Boulevard (CPP) for Consulting Services” as a contract issue a permit to Buckeye Shaker 21. Southeast corner of Shaker document in all of its consultant con- Square Development Corporation to Boulevard E. & East 116th Street tracts. The City agrees to require, as a encroach into the public rights-of-way (CPP) scope of services clause, that all plans within the neighborhoods of Buckeye- 22. 11710 Shaker Boulevard (E. of prepared by the consultant must con- Shaker, Larchmere, and Woodland fire hydrant) (CPP) form to ODOT’s current design stan- Hills by installing, using, and main- 23. Southeast corner of East 121st dards and that the consultant shall be taining sixteen wooden posts and Street & Shaker Boulevard E. (CPP) responsible for ongoing consultant eighteen signs, to be attached to 24. South side of 12700 Shaker involvement during the construction Cleveland Public Power utility poles Boulevard (HEAL ) phase of the Improvement. The City (by separate permission of the pole 25. South side of Shaker Boulevard agrees to include a completion sched- owner) to identify four community and S.E. Quad of Shaker Square ule acceptable to ODOT and to assist walking routes. (CPP) 634 May 6, 2015 The City Record 13

26. Northwest corner of East 118th Be it ordained by the Council of the Ord. No. 523-15. Street & Buckeye Road (CPP) City of Cleveland: By Council Members K. Johnson 27. Southwest corner of East 118th Section 1. That, the Director of Eco- and Kelley (by departmental Street & Buckeye Road (HEAL) nomic Development is authorized to request). 28. Northeast corner of East 116th enter into one or more various types An emergency ordinance authoriz- Street & Buckeye Road (CPP) of loan agreements and forgivable ing the Director of Capital Projects to 29. Southwest corner of Fairhill loan agreements under the Vacant employ one or more professional con- Road & East 127th Street (12636 Property Initiative with Tom Pallas sultants to survey City streets and to Fairhill Road) (HEAL) Industries, Inc., or its designee, to pro- and collect and input data necessary 30. South side of Fairhill Road vide economic development assis- to implement the Pavement Manage- between East 124th Street & East tance to partially finance the redevel- ment Program, for a period up to five 127th Street (HEAL) opment and acquisition of the build- years. 31. Southeast corner of Fairhill ing located at 2040 West 110th Street Whereas, this ordinance constitutes Road & East 124th Street (12400 in Cleveland, Ohio, and other associ- an emergency measure providing for Fairhill Road) (HEAL) ated costs necessary to redevelop the the usual daily operation of a munici- 32. Southeast corner of Britton property. pal department; now, therefore, Drive & East 124th Street (HEAL) Section 2. That the terms of the loan Be it ordained by the Council of the 33. Northeast corner of Fairhill shall be according to the terms set City of Cleveland: Road & Martin Luther King Jr. Drive forth in the Legislative Summary con- Section 1. That the Director of Capi- (HEAL) tained in File No. 522-15-A, made a tal Projects is authorized to employ 34. North side of Fairhill Road oppo- part of this ordinance as if fully by contract or contracts one or more site Fairhill Garden Apartments rewritten, as presented to the Finance consultants or one or more firms of (HEAL) Committee of this Council at the pub- consultants for the purpose of supple- Legal Description approved by lic hearing on this legislation, and are menting the regularly employed staff Greg Esber, Section Chief, Plats, Sur- approved in all respects and shall not of the several departments of the City veys and House Numbering Section. be changed without additional leg- of Cleveland in order to provide pro- Section 2. That Permittee may islative authority. fessional services necessary to sur- assign the permit only with the prior Section 3. That the costs of the loan vey City streets and to collect and written consent of the Director of or forgivable loan agreements shall input data necessary to implement Capital Projects. That the encroach- not exceed $400,000, and shall be paid the Pavement Management Program, ing structure(s) permitted by this from Fund No. 17 SF 008, RQS 9501, RL for a period up to five years. ordinance shall conform to plans and 2015-74. The selection of the consultant or specifications first approved by the Section 4. That the Director of Eco- consultants for the services shall be Manager of Engineering and Con- nomic Development is authorized to made by the Board of Control on the struction. That Permittee shall obtain accept such collateral as the director nomination of the Director of Capital all other required permits, including determines is sufficient in order to Projects from a list of qualified con- but not limited to Building Permits, secure repayment of the loan. sultants available for employment as before installing the Section 5. That the Director of Eco- may be determined after a full and encroachment(s). nomic Development is authorized to complete canvass by the Director of Section 3. That the Director of Law accept monies in repayment of the Capital Projects for the purpose of shall prepare the permit authorized loan and to deposit the monies in compiling a list. The compensation to by this ordinance and shall incorpo- Fund Nos. 17 SF 006. be paid for the services shall be fixed rate such additional provisions as the Section 6. That the Director of Eco- by the Board of Control. The contract director determines necessary to pro- nomic Development is authorized to or contracts authorized shall be pre- tect and benefit the public interest. charge and accept fees in an amount pared by the Director of Law, The permit shall be issued only when, not to exceed the maximum allowable approved by the Director of Capital in the opinion of the Director of Law, fees under federal regulations and Projects, and certified by the Director the prospective Permittee has proper- the fees are appropriated to cover of Finance. ly indemnified the City against any costs incurred in the preparation of Section 2. That the cost of the con- loss that may result from the the loan application, closing and ser- tract or contracts authorized shall be encroachment(s) permitted. vicing of the loan. The fees shall be paid from Fund No. 20 SF 520, 20 SF Section 4. That the permit shall deposited to and expended from Fund 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 reserve to the City reasonable right of No. 17 SF 305, Loan Fees Fund. SF 554, 20 SF 563, and any and all entry to the encroachment Section 7. That the contract and funds approved by the Director of location(s). other appropriate documents needed Finance, including future bond funds if issued for this purpose, Request No. Section 5. That this ordinance is to complete the transaction autho- RQS 0103, RL 2015-67. declared to be an emergency measure rized by this legislation shall be pre- Section 3. That this ordinance is and, provided it receives the affirma- pared by the Director of Law. tive vote of two-thirds of all the mem- declared to be an emergency measure Section 8. The contract authorized bers elected to Council, it shall take and, provided it receives the affirma- in this legislation will require the effect and be in force immediately tive vote of two-thirds of all the mem- recipient of financial assistance to upon its passage and approval by the bers elected to Council, it shall take work with The Workforce Invest- Mayor; otherwise it shall take effect effect and be in force immediately ment Board for Workforce Area No. 3 and be in force from and after the ear- upon its passage and approval by the to identify and solicit qualified candi- liest period allowed by law. Mayor; otherwise it shall take effect dates for job opportunities related to Referred to Directors of Capital and be in force from and after the ear- the City’s contracts, and place special Projects, City Planning Commission, liest period allowed by law. emphasis on the hard to employ, Finance, Law; Committees on Munici- Referred to Directors of Capital pal Services and Properties, Develop- including but not limited to the dis- Projects, Finance, Law; Committees ment Planning and Sustainability. abled and persons who have been con- on Municipal Services and Properties, victed of or have pled guilty to a crim- Finance. Ord. No. 522-15. inal offense, unless the criminal con- By Council Members Brady, Bran- viction or related circumstances Ord. No. 524-15. catelli and Kelley (by departmental relate to the duties for the particular By Council Member Kelley (by request). job sought. departmental request). An emergency ordinance authoriz- Section 9. That this ordinance is An emergency ordinance authoriz- ing the Director of Economic Devel- declared to be an emergency measure ing the Director of Finance to employ opment to enter into contract with and, provided it receives the affirma- one or more professional consultants Tom Pallas Industries, Inc., or its tive vote of two-thirds of all the mem- to provide workers’ compensation and designee, to partially finance the bers elected to Council, it shall take actuarial services, for a period of one redevelopment and acquisition of the effect and be in force immediately year, with a one-year option to renew, building located at 2040 West 110th upon its passage and approval by the exercisable by the Director of Street in Cleveland, Ohio, and other Mayor; otherwise it shall take effect Finance. associated costs necessary to redevel- and be in force from and after the ear- Whereas, this ordinance constitutes op the property. liest period allowed by law. an emergency measure providing for Whereas, this ordinance constitutes Referred to Directors of Economic the usual daily operation of a munici- an emergency measure providing for Development, Finance, Law; Commit- pal department; now, therefore, the usual daily operation of a munici- tees on Development Planning and Be it ordained by the Council of the pal department; now, therefore, Sustainability, Finance. City of Cleveland: 635 14 The City Record May 6, 2015

Section 1. That the Director of Section 2. That the City proposes to ODOT in rating the consultant’s per- Finance is authorized to employ by cooperate with the State in the cost of formance through ODOT’s Consultant contract or contracts one or more con- the Improvement by assuming and Evaluation System. sultants or one or more firms of con- contributing the entire cost and Section 7. That this Council sultants for the purpose of supple- expense of the Improvement, less the requests the State to proceed with the menting the regularly employed staff amount of federal-aid funds set aside Improvement. of the several departments of the City by the Director of Transportation for Section 8. That the Director of Capi- of Cleveland in order to provide pro- the financing of the Improvement tal Projects is authorized to apply for fessional services necessary for a from funds allocated by the Federal and accept any gifts or grants for this comprehensive workers compensa- Highway Administration, United purpose from any public or private tion program, including but not limit- States Department of Transportation. entity, including but not limited to ed to, actuarial and auditing services, The City agrees to assume one hun- NOACA; and that the Director is disability and account management, dred percent (100%) of the cost of pre- authorized to file all papers and exe- preparing reports, scheduling and liminary engineering, right-of-way cute all documents necessary to payment of medical exams, claims and environmental documentation. receive the funds under the grant; and settlement, handicap reimbursement, Also, the City agrees to assume and that the funds are appropriated for contribute 100% of the cost of any investigations, and filing claims the purposes described in this ordi- items included in the construction appeals and other duties for a one nance. contract at the request of the City, year period, with a one-year option to Section 9. That the Director of Capi- which are determined by the State not renew, exercisable by the Director of tal Projects is authorized to employ eligible or made necessary by the Finance. by contract or contracts one or more Improvement. consultants or one or more firms of The selection of the consultants for Section 3. Utilities and Right-of- consultants for the purpose of supple- the services shall be made by the Way Statement. The City agrees to menting the regularly employed staff Board of Control on the nomination of acquire and/or make available to of the several departments of the City the Director of Finance from a list of ODOT, under current State and Feder- qualified consultants available for al regulations, all necessary right-of- of Cleveland in order to provide pro- employment as may be determined way required for the Improvement. fessional design, engineering and after a full and complete canvass by The City also understands that right- construction services necessary for the Director of Finance for the pur- of-way costs include eligible utility the Improvement. pose of compiling a list. The compen- costs. The City agrees to be responsi- The selection of the consultants for sation to be paid for the services shall ble for all utility accommodation, the services shall be made by the be fixed by the Board of Control. The relocation, and reimbursement and Board of Control on the nomination of contract or contracts authorized shall agrees that all such accommodations, the Director of Capital Projects from be prepared by the Director of Law, relocations, and reimbursements a list of qualified consultants avail- approved and certified by the Direc- shall comply with the current provi- able for employment as may be deter- tor of Finance. sions of 23 CFR 645 and the ODOT mined after a full and complete can- Section 2. That the cost of contract Utilities Manual. vass by the Director of Capital Pro- or contracts authorized shall be paid Section 4. Maintenance. Upon com- jects for the purpose of compiling a from Fund No. 01-1501-6380, Request pletion of the Improvement, and list. The compensation to be paid for No. RQS 1501, RL 2015-80. unless otherwise agreed, the City the services shall be fixed by the Section 3. That this ordinance is shall: (1) provide adequate mainte- Board of Control. The contract or con- declared to be an emergency measure nance for the Improvement under all tracts shall be prepared by the Direc- and, provided it receives the affirma- applicable state and federal laws, tor of Law, approved by the Director tive vote of two-thirds of all the mem- including, but not limited to, 23 USC of Capital Projects and certified by bers elected to Council, it shall take 116; (2) provide ample financial provi- the Director of Finance. effect and be in force immediately sions, as necessary, for the mainte- Section 10. That, when appropriate, upon its passage and approval by the nance of the Improvement; (3) main- the Director of Capital Projects is Mayor; otherwise it shall take effect tain the right-of-way, keeping it free authorized to enter into one or more and be in force from and after the ear- of obstructions; and (4) hold said contracts with the railroads, Greater liest period allowed by law. right-of-way inviolate for public high- Cleveland Regional Transit Authori- way purposes. Referred to Directors of Finance, ty, the Northeast Ohio Regional Sewer Section 5. That the Director of Capi- Law; Committee on Finance. District and other entities to obtain tal Projects is authorized to enter into services or to acquire property rights contracts with ODOT pre-qualified Ord. No. 525-15. such as easements and licenses, nec- consultants for the preliminary engi- essary to construct the improvements By Council Members Mitchell, K. neering phase of the Improvement described in this ordinance. Johnson and Kelley (by departmental and to enter into contracts with the request). Director of Transportation necessary Section 11. That the Director of Cap- An emergency ordinance giving to complete the above described pro- ital Projects is authorized to accept consent of the City of Cleveland to the ject. Upon the request of ODOT, the cash contributions from public or pri- Director of Transportation of the Director of Capital Projects is also vate entities, for infrastructure State of Ohio to repair and resurface authorized to assign all rights, title, restoration costs associated with relo- East 93rd Street from Union Avenue and interests of the City to ODOT aris- cating, rehabilitating or reconstruct- to Kinsman Road; to apply for and ing from any agreement with its con- ing utility infrastructure for the accept any gifts or grants for this pur- sultant in order to allow ODOT to Improvement. That the Director of pose from any public or private enti- direct additional or corrective work, Capital Projects is authorized to enter ty; authorizing one or more contracts recover damages due to errors or into agreements with the entities for with consultants and any other rela- omissions, and to exercise all other this purpose. tive agreements; and authorizing the contractual rights and remedies Section 12. That the Director of Cap- acquisition of any real property and afforded by law or equity. ital Projects is authorized to enter easements necessary to make the Section 6. That the City agrees that into one or more agreements with pri- improvement. if Federal Funds are used to pay the vate utility companies to pay charges Whereas, this ordinance constitutes cost of any consultant contract, the for the installation of underground an emergency measure providing for City shall comply with 23 CFR 172 in lines in connection with the Improve- the usual daily operation of a munici- the selection of its consultant and the ment. pal department; now, therefore, administration of the consultant con- Section 13. That, notwithstanding Be it ordained by the Council of the tract. Further, the City agrees to any provision of the Codified Ordi- City of Cleveland: incorporate ODOT’s “Specifications nances of Cleveland, Ohio, 1976, to the Section 1. That it is declared to be in for Consulting Services” as a contract contrary, the Commissioner of Pur- the public interest that the consent of document in all of its consultant con- chases and Supplies is authorized to the City of Cleveland is given to the tracts. The City agrees to require, as a acquire, accept, and record for right- Director of Transportation of the scope of services clause, that all plans of-way purposes any real property State of Ohio (“the State”) to con- prepared by the consultant must con- and easements as is necessary to struct the following improvement form to ODOT’s current design stan- make the improvements described in under plans, specifications, and esti- dards and that the consultant shall be this ordinance. The consideration to mates approved by the State: repair responsible for ongoing consultant be paid for the property and ease- and resurface East 93rd Street pave- involvement during the construction ments shall not exceed fair market ment from Union Avenue to Kinsman phase of the Improvement. The City value. Road (US-411/SR-8), PID No. 100098 agrees to include a completion sched- Section 14. That the Director of Cap- (the “Improvement”). ule acceptable to ODOT and to assist ital Projects is authorized to execute 636 May 6, 2015 The City Record 15 on behalf of the City all documents the City of Cleveland. The Directors necessary to acquire, accept, and PERMANENT EASEMENT of Public Safety and Law are autho- record the property and easements Situated in the City of Cleveland, rized to execute any other documents, and to employ and pay all fees for County of Cuyahoga, State of Ohio, including without limitation, con- title companies, surveys, escrows, being part of the Original 100 Acre tracts for right of entry, as may be appraisers, and all other costs neces- Lot No. 401 and located within a necessary to effect this ordinance. sary for the acquisition of the proper- record parcel of land as conveyed to Section 6. That this ordinance is ty and easements. the City of Cleveland by deed as declared to be an emergency measure Section 15. That the Director of Cap- recorded in Deed Volume 85-1262, and, provided it receives the affirma- ital Projects is authorized to enter Page 37; of the Cuyahoga County tive vote of two-thirds of all the mem- into any agreements necessary to Records and more particularly bound- bers elected to Council, it shall take implement the Improvement. ed and described as follows: effect and be in force immediately Section 16. That the cost of the con- Commencing at the intersection of upon its passage and approval by the tracts, payments, property acquisi- the southerly right-of-way of Chester Mayor; otherwise it shall take effect tion, cash matches, and other expen- Avenue (86') and easterly right-of- and be in force from and after the ear- ditures authorized shall be paid from way of East 101st Street (60'); liest period allowed by law. the fund or funds to which are credit- Thence South 00°35'13" West, a dis- Referred to Directors of Public ed any gift or grant proceeds accept- tance of 165.14 feet along the easterly Safety, City Planning Commission, ed under this ordinance, cash match- right-of-way of said East 101st Street Finance, Law; Committees on Munici- es, cash contributions accepted and to the POINT OF BEGINNING; pal Services and Properties, Develop- appropriated under this ordinance, Thence North 89°54'02" East, a dis- ment Planning and Sustainability, and from any and all funds approved tance of 199.57 feet to a point; Finance. by the Director of Finance, including Thence along the arc of a curve, future bond funds if issued for this deflecting to the right an arc distance Ord. No. 527-15. purpose. of 33.90' to a point, said arc having a By Council Members Brancatelli Section 17. That the Clerk of Coun- radius of 34.33', a central angle of and Kelley (by departmental cil is authorized and directed to trans- 56°34'34" and a chord of 32.54' which request). mit to the State three (3) certified bears South 61°48'41" East, said point An emergency ordinance to termi- copies of this ordinance immediately being on the easterly property line of nate and discontinue the 1991 North on its taking effect, and it shall said City of Cleveland parcel; Coast Harbor Community Develop- become the basis for proceeding with Thence South 01°05'27" East, a dis- ment Plan as authorized by Ordi- the Improvement. tance of 2.71 feet along the easterly nance No. 1346-91, passed June 17, Section 18. That this ordinance is property line of said City of Cleveland 1991. declared to be an emergency measure parcel to a point; Whereas, Ordinance No. 1346-91, and, provided it receives the affirma- Thence South 88°54'33" West, a dis- passed June 17, 1991, this Council tive vote of two-thirds of all the mem- tance of 24.00 feet along the southerly approved the North Coast Harbor bers elected to Council, it shall take property line of said City of Cleveland Community Development Plan Area effect and be in force immediately parcel to a point; (“1991 Plan”), effective until June upon its passage and approval by the Thence South 2752'18" West, a dis- 2021, to eliminate conditions of blight Mayor; otherwise it shall take effect tance of 2.19 feet along the southwest- and deterioration and to propose cer- and be in force from and after the ear- erly property line of said City of tain types of development in several liest period allowed by law. Cleveland parcel to a point; key action areas; and Thence along the arc of a curve, Referred to Directors of Capital Whereas, due to several changes deflecting to the left an arc distance Projects, City Planning Commission, within the North Coast Harbor area, of 3.72' to a point, said arc having a as well as subsequent City Planning Finance, Law; Committees on Munici- radius of 14.33', a central angle of Commission waterfront plans, Coun- pal Services and Properties, Finance. 14°51'21" and a chord of 3.71' which cil wishes to terminate and discontin- bears North 82°40'18" West; ue the 1991 Plan and replace it with Ord. No. 526-15. Thence South 89°54'02" West, a dis- the development plan authorized by By Council Members K. Johnson, tance of 199.81 feet to a point on the Ordinance No. 561-14, passed June 2, Brancatelli and Kelley (by depart- easterly right-of-way of said East 2014, as amended by Ordinance No. mental request). 101st Street; 1507-14, passed December 8, 2014; and An emergency ordinance authoriz- Thence North 00°35'13" East, a dis- Whereas, this ordinance constitutes ing the Director of Public Safety to tance of 20.00 feet along the easterly an emergency measure providing for execute a deed of easement granting right-of-way of said East 101st Street the usual daily operation of a munici- to The Cleveland Clinic Foundation to the POINT OF BEGINNING; and pal department; now, therefore, certain easement rights in property containing more or less 0.1009 acres Be it ordained by the Council of the located on a portion of Fire Station and subject to all legal easements, City of Cleveland: No. 10, at 1935 East 101st Street; and restrictions, reservations, conditions Section 1. That the 1991 Plan as declaring that the easement rights and right-of-way of previous record. approved by Ordinance No. 1346-91, granted are not needed for the City’s Section 2. That the Commissioner of passed June 17, 1991, is terminated public use. Purchases and Supplies is authorized and discontinued and is replaced with Whereas, The Cleveland Clinic to convey the above-described ease- the development plan authorized by Foundation (“The Clinic”) has ment interest to The Clinic subject to Ordinance No. 561-14, passed June 2, requested the Director of Public Safe- any conditions stated in this ordi- 2014, as amended by Ordinance No. ty to convey certain easement rights nance, at a price determined to be fair 1507-14, passed December 8, 2014. in property located on a portion of market value by the Board of Control. Section 2. That this ordinance is Permanent Parcel No. 119-10-018 at Section 3. That the easement shall declared to be an emergency measure Fire Station No. 10, at 1935 East 101st be non-exclusive and the purpose of and, provided it receives the affirma- Street; and the easement shall be to install elec- tive vote of two-thirds of all the mem- Whereas, The Clinic requires an tric distribution lines. bers elected to Council, it shall take easement to install electric distribu- Section 4. That the duration of the effect and be in force immediately tion lines; and easement shall be permanent; that the upon its passage and approval by the Whereas, the easement rights to be easement shall not be assignable Mayor; otherwise it shall take effect granted are not needed for the City’s without the consent of the Director of and be in force from and after the ear- public use; and Public Safety; that the easement shall liest period allowed by law. Whereas, this ordinance constitutes require that The Clinic provide rea- Referred to Directors of City Plan- an emergency measure providing for sonable insurance, maintain any Clin- ning Commission, Finance, Law; Com- the usual daily operation of a munici- ic improvements located within the mittees on Development Planning pal department; now, therefore, easement; pay any applicable taxes and Sustainability, Finance. Be it ordained by the Council of the and assessments; and shall contain City of Cleveland: such other terms and conditions that Ord. No. 530-15. Section 1. That, notwithstanding the Director of Law determines to be By Council Member Conwell. and as an exception to the provisions necessary to protect and benefit the An emergency ordinance to add the of Chapters 181 and 183 of the Codi- City. name Jamie Ireland Way as a sec- fied Ordinances of Cleveland, Ohio, Section 5. That the conveyance ref- ondary and honorary name to East 1976, it is found and determined that erenced above shall be made by offi- 105th Street between Park Lane Villa an easement interest in the following cial deed of easement prepared by the and Euclid Avenue. described property is not needed for Director of Law and executed by the Whereas, this ordinance constitutes the City’s public use: Director of Public Safety on behalf of an emergency measure providing for 637 16 The City Record May 6, 2015 the usual daily operation of a munici- Section 1. That the Lake Shore characteristics of the City, State, or pal department; now, therefore, Bank / St. the United States, is designated a Be it ordained by the Council of the Clair Branch Building whose street landmark under Chapter 161 of the City of Cleveland: addresses in the City of Cleveland are Codified Ordinances of Cleveland, Section 1. That, notwithstanding 5404 St. Clair Avenue, N. E., and 1368 Ohio, 1976. and as an exception to the Codified East 55th Street, Cuyahoga County Legal Description approved by Ordinances of the City of Cleveland, Auditor’s Permanent Parcel Numbers Greg Esber, Section Chief Plats, Sur- 1976, the name Jamie Ireland Way are 104-12-001 and 104-12-040, and is veys and House Numbering Section shall be added as a secondary and also known as the following Division of Engineering & Construc- honorary name to East 105th Street described property: tion between Park Lane Villa and Euclid Section 2. That this ordinance is Avenue. Parcel Number 15 (PPN 104-12-001): declared to be an emergency measure Section 2. That this ordinance is Situated in the City of Cleveland, and, provided it receives the affirma- hereby declared to be an emergency County of Cuyahoga, and State of tive vote of two-thirds of all the mem- measure and, provided it receives the Ohio, and known as being a part of bers elected to Council, it shall take affirmative vote of two-thirds of all Original Ten Acre Lot Number 131, effect and be in force immediately the members elected to Council, it and being more fully bounded and upon its passage and approval by the shall take effect and be in force imme- described as follows: Mayor; otherwise it shall take effect diately upon its passage and approval Bounded Northerly by St. Clair and be in force from and after the ear- by the Mayor; otherwise it shall take Avenue, N. E., Easterly by East 55th liest period allowed by law. effect and be in force from and after Street, Westerly and Southwesterly Referred to Directors of City Plan- the earliest period allowed by law. by Marquette Street, and being 112 ning, Law; Committee on Develop- Referred to Directors of City Plan- and 16/100 feet front on St. Clair ment Planning and Sustainability. ning Commission, Law; Committee on Avenue, N. E.; 211 and 36/100 feet on Development Planning and Sustain- East 55th Street; and 179 and 8/100 Ord. No. 544-15. ability. feet on Marquette Street, N. E., be the By Council Member Kelley. same more or less but subject to all An emergency ordinance authoriz- Ord. No. 531-15. legal highways, ing the Clerk of Council to enter into By Council Member J. Johnson. Excepting therefrom a parcel con- an amendment to the agreement with An emergency ordinance designat- veyed by the Lake Shore Banking and Saint Martin De Porres High School ing the Lake Shore Bank / Cleveland Savings Company to the Public Work Study Program, City Contract Public Library St. Clair Branch Build- Library Board of the City of Cleve- No. 2014-108 for additional money in ing as a Cleveland Landmark. land by Deed dated November 4, 1902, order to continue participation under Whereas, under Chapter 161 of the and recorded in Volume 871, Page 190, the agreement as a sponsor of stu- Codified Ordinances of Cleveland, of Cuyahoga County Records; dents for work/study positions with Ohio, 1976, the Cleveland Landmarks . Commission (the “Commission”), has Parcel Number 16 (PPN 104-12-040): Whereas, this ordinance constitutes proposed to designate the Lake Shore Situated in the City of Cleveland, an emergency measure providing for Bank / Cleveland Public Library St. County of Cuyahoga, and State of the usual daily operation of a munici- Clair Branch Building as a landmark; Ohio, and known as being part of pal department; now, therefore and Original Ten Acre Lot Number 131, Be it ordained by the Council of the Whereas, the owner of the Lake and bounded and described as fol- City of Cleveland: Shore Bank / Cleveland Public lows: Section 1. That the Clerk of Council Library St. Clair Branch Building has Beginning at the intersection of the is authorized to enter into an amend- been properly notified and has con- Easterly line of Marquette Street, N. ment to the agreement with Saint sented in writing to the proposed des- E., and the Northwesterly line of East Martin De Porres High School Work ignation; and 55th Street, formerly Willson Avenue; Study Program, City Contract No. Whereas, the Commission has rec- thence Northerly along the Easterly 2014-108 to add Six Thousand Dollars ommended designation of the Lake line of Marquette Street, N. E., about ($6,000.00) to the agreement in order Shore Bank / Cleveland Public 124.06 feet to the centerline of a party to continue participation as a sponsor Library St. Clair Branch Building as a wall described in the Deed to the Pub- of students for work/study positions landmark and has set forth certain lic Library Board of the City of Cleve- with Cleveland City Council. The findings of fact constituting the basis land dated November 4, 1902, and additional amount shall be certified for its decision; and recorded in Volume 871, Page 190 of from fund number 01, subfund 001, Whereas, this ordinance constitutes Cuyahoga County Records; thence department 0101, object 6320. an emergency measure providing for Easterly along the centerline of the Section 2. That this ordinance is the immediate preservation of the party wall so described to the North- hereby declared to be an emergency public peace, property, health, and westerly line of East 55th Street; measure and, provided it receives the safety in that the immediate protec- thence Southwesterly along the affirmative vote of two-thirds of all tion of the historic landmark is neces- Northwesterly line of East 55th Street the members elected to Council, it sary to safeguard the special histori- to the place of beginning, be the same shall take effect and be in force imme- cal, community, or aesthetic interest more or less; diately upon its passage and approval or value in the landmark; now, there- Which in its entirety is a property by the Mayor; otherwise it shall take fore having special character or special effect and be in force from and after Be it ordained by the Council of the historical or aesthetic value as part of the earliest period allowed by law. City of Cleveland: the development, heritage, or cultural Referred to Committee on Finance.

FIRST READING ORDINANCE REFERRED

Ord. No. 532-15. By Council Member Kazy. An emergency ordinance establishing the Bellaire-Puritas Design Review District along Lorain Ave. between W. 140th Street and W. 123rd Street as shown shaded on the attached Map. (Map Change No. 2510). Whereas, the City Planning Commission has determined that the proposed Bellaire-Puritas Design Review District meets the criteria for designation outlined in Section 341.04 of Chapter 341 of the Codified Ordinances of the City of Cleve- land, Ohio, now, therefore Be it ordained by the Council of the City of Cleveland: Section 1. That the Bellaire-Puritas Design Review District is hereby established and includes lands located along Lorain Avenue between West 140th Street and West 123rd Street as shown shaded on the attached map. Section 2. That the designation of the area described in Section 1 hereof as the Bellaire-Puritas Design Review District shall be identified as Map Change Number 2510, and shall be made upon the Building Zone Maps of the City of Cleveland and on file in the office of the City Planning Commission by the appropriate person designated for such 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. 638 May 6, 2015 The City Record 17

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

FIRST READING EMERGENCY Mayor; otherwise it shall take effect Cleveland construction projects RESOLUTIONS REFERRED and be in force from and after the ear- found to exist by this Council and liest period allowed by law. this law is reviewed regularly to Res. No. 528-15. Referred to Directors of Capital determine whether there is a con- By Council Members Cimperman, Projects, City Planning Commission, tinuing need to ensure adequate res- K. Johnson and Brancatelli (by Finance, Law; Committees on Munici- ident employment; and departmental request). pal Services and Properties, Develop- Whereas, from 2009-2011, Cleve- An emergency resolution declaring ment Planning and Sustainability. land resident unemployment rate the intent to vacate a portion of was 21.2%; the 2000 U.S. Census Leonard Street N.W. Res. No. 529-15. rated Cleveland with the highest Whereas, this Council is satisfied By Council Members J. Johnson, unemployment rate among 23 target that there is good cause to vacate a Reed and Kelley. cities; out of the 23 target cities only portion of Leonard Street N.W., as An emergency resolution opposing four have a smaller percentage of described; and proposed House Bill 180 and Senate their working residents employed Whereas, this resolution consti- Bill 152 that would prohibit residency inside the city’s boundaries than tutes an emergency measure provid- requirements in local public improve- does Cleveland; and ing for the usual daily operation of ment contracts. Whereas, it is incumbent upon a municipal department; now, there- Whereas, recently, Ohio Senator this council to help improve the fore, Joe Uecker and Ohio Representative quality of life for our residents by, Be it resolved by the Council of Ron Maag proposed companion leg- among other things, helping to the City of Cleveland: islation that would prohibit local ensure that the unemployed have Section 1. That this Council governments from requiring con- the ability to get decent jobs close declares its intent to vacate a portion tractors and design professionals to to home; and of the following described real prop- use local residents in local public Whereas, this resolution consti- erty: improvement contracts; and tutes an emergency measure for the Leonard Street N.W. Whereas, in 2004, under its pow- immediate preservation of public Situated in the City of Cleveland, ers of local self-government derived peace, property, health, or safety, County of Cuyahoga and State of Ohio from the Ohio Constitution, the City now, therefore, and known as being all the remaining enacted the Fannie M. Lewis Cleve- Be it resolved by the Council of portion of Leonard Street N.W. (50.00 land Resident Employment Law the City of Cleveland: feet wide) extending from that por- requiring that every public improve- Section 1. That this Council opposes tion of Leonard Street N.W vacated by ment contract of $100,000 or more proposed House Bill 180 and Senate ordinance 2691-89, passed December have one or more City residents per- Bill 152 that would prohibit residency 11, 1989 southwesterly to its terminus. form 20% of the total construction requirements in local public improve- Legal Description approved by worker hours and that contractors ment contracts. Greg Esber, Section Chief, Plats, Sur- and subcontractors use significant Section 2. That the Clerk of Council veys and House Numbering Section. effort to ensure no less than 4% of is hereby directed to transmit copies Section 2. That this resolution is those resident construction worker of this resolution to all members of declared to be an emergency measure hours are performed by low-income the Ohio legislature. and, provided it receives the affirma- workers; and Section 3. That this resolution is tive vote of two-thirds of all the mem- Whereas, the Fannie M. Lewis hereby declared to be an emergency bers elected to Council, it shall take Cleveland Resident Employment measure and, provided it receives the effect and be in force immediately Law was enacted to alleviate the affirmative vote of two-thirds of all upon its adoption and approval by the lack of use of city residents on the members elected to Council, it 639 18 The City Record May 6, 2015 shall take effect and be in force imme- right on Prospect to East 9th Street; Shoreway to West Lakeside Avenue diately upon its adoption and turn left on East 9th to Euclid exit ramp; bear right at top of West approval by the Mayor; otherwise, it Avenue; turn right on Euclid to East Lakeside exit ramp to West Lakeside shall take effect and be in force from 18th Street; right on East 18th to Avenue; straight on West Lakeside and after the earliest period allowed Carnegie Avenue; right on Carnegie, Avenue to just west Ontario Street by law. becomes Lorain Avenue, to West 20th (Cuyahoga County Courthouse—FIN- Referred to Director of Law; Com- Street; turn left on West 20th to Abbey ISH; 10K Course (on May 17, 2015) mittee on Finance. Avenue; turn left on Abbey to West start: Ontario Street at Quicken Loans 11th Street left on West 11th to Stark- Arena, northwest corner of the build- FIRST READING EMERGENCY weather Avenue; right on Stark- ing; straight on Ontario to Prospect ORDINANCES READ IN FULL weather to West 14th Street; left on Avenue; right on Prospect to East 9th AND PASSED West 14th to Clark Avenue; right on Street; left on East 9th to Euclid Clark to Scranton Road; right on Avenue; right on Euclid to East 18th Ord. No. 537-15. Scranton to Barber Avenue; left on Street; right on East 18th to Carnegie By Council Member Cimperman. Barber to West 25th Street; right on Avenue; right on Carnegie, becomes An emergency ordinance consent- West 25 to Lorain Avenue; left on Lorain Avenue, to West 25th Street; ing and approving the issuance of a Lorain to West 58th Street; right on right on West 25th to Franklin Boule- permit for the Ride of Silence, on May West 58th to Detroit Avenue; left on vard; left on Franklin to West 54th 20, 2015, sponsored by Bike Cleveland. Detroit Avenue (in west bound lanes, Street; right on West 54th to Herman Whereas, this ordinance constitutes with traffic) to Lake Avenue; turn Avenue; right on Herman Avenue to an emergency measure providing for right (30 degrees) on Lake Avenue to Cleveland Memorial Shoreway the usual daily operation of a munici- West Boulevard; turn left West Boule- entrance/exit ramp; bear left on pal department; now, therefore, vard to Detroit Avenue; turn right on entrance ramp to Cleveland Memorial Be it ordained by the Council of the Detroit Avenue (in west bound lanes, Shoreway; straight on Cleveland City of Cleveland: with traffic) to West Boulevard; turn Memorial Shoreway (in west bound Section 1. That pursuant to Section left on West Boulevard to Western lanes, against traffic) to shoreway 411.06 of the Codified Ordinances of Avenue; right on Western Avenue to exit ramp at West Lakeside Avenue; Cleveland, Ohio 1976, this Council con- West 103rd Street; right on West 103rd bear left at top of Cleveland Memorial sents to and approves the holding of to Madison Avenue; left on Madison to Shoreway/West Lakeside Avenue the Ride for Silence, on May 20, 2015, West 116th Street; right on West 116th entrance ramp to West Lakeside start: Free Stamp in Willard Park— to Franklin Boulevard; right on Avenue; straight on West Lakeside left onto Lakeside Avenue, E.; right Franklin, becomes West 110th Street, Avenue to just west on Ontario Street onto East 12th Street; left onto Euclid to Baltic Road; right on Baltic to West (Cuyahoga County Courthouse)— Avenue; slight right to stay on Euclid; 104th Street; left on West 104th to FINISH; 5K Course (on May 16, 2015) right onto Adelbert Road—University Clifton Boulevard; left on Clifton (in start: Edgewater Park (upper sec- Hospitals; provided that the applicant west bound lanes with traffic) to tion-access from West Boulevard) sponsor shall meet all the require- West 110th Street; right on West 110th near east end parking lot; straight on ments of Section 411.05 of the Codified to Lake Avenue; left on Lake Avenue the Edgewater Park Upper Section Ordinances of Cleveland, Ohio, 1976. (in east bound lanes, against traffic) entrance/exit road to West Boule- Streets may be closed as determined into the City of Lakewood, Ohio; then vard; bear left at West Boulevard to by the Chief of Police and safety from the City of Lakewood east on Lake Avenue; left on Lake Avenue to forces as may be necessary in order to protect the participants in the event. Lake Avenue to West 117th Street and West 76th Street; left at West 76th to Said permit shall further provide that the City of Cleveland; left on West Herman Avenue; right at Herman to the City of Cleveland shall be fully 117th to Edgewater Drive; right on West 73rd Street; left at West 73rd to indemnified from any and all liability Edgewater Drive to West Boulevard Father Frascati Avenue; left on resulting from the issuance of the and the Cleveland Memorial Shore- Father Frascati Avenue to West 74th same, to the extent and in form satis- way exit ramp; straight on the Cleve- Street; left on West 74th to Goodwalt factory to the Director of Law. land Memorial Shoreway, (in west Avenue; right on Goodwalt to West Section 2. That this ordinance is bound lanes, against traffic), to 76th Street; right on West 76th to hereby declared to be an emergency Shoreway exit ramp to West Lakeside (railroad) measure and, provided it receives the Avenue; bear left at top of Cleveland Underpass; straight through the affirmative vote of two-thirds of all Memorial Shoreway exit ramp to Cleveland MetroParks (railroad) the members elected to Council, it West Lakeside Avenue; straight on Underpass to Pedestrian/Bike Path shall take effect and be in force imme- West Lakeside Avenue to Ontario Loop; right at the Pedestrian/Bike diately upon its passage and approval Street (Cuyahoga County Court- Path Loop, complete loop counter- by the Mayor; otherwise, it shall take house)—-FINISH; Half Marathon clockwise to Cleveland Memorial effect and be in force from and after Course (on May 17, 2015) start: Shoreway Underpass; right at Cleve- the earliest period allowed by law. Ontario Street at the Quicken Loans land Memorial Shoreway Underpass Motion to suspend rules, Charter, Arena, northwest corner of the build- to Edgewater Park (lower section) and statutory provisions and place ing; straight on Ontario to Prospect Pedestrian/Bike Path; merge right at on final passage. Avenue; turn right on Prospect to Edgewater Park (lower section) The rules were suspended. Yeas East 9th Street; turn left on East 9th Pedestrian/Bike Path, complete path 16. Nays 0. Read second time. Read to Euclid Avenue; turn right on loop counterclockwise to Pavilions third time in full. Passed. Yeas 16. Euclid to East 18th Street; right on (eastside of beach)—FINISH; provid- Nays 0. East 18th to Carnegie Avenue; right ed that the applicant sponsor shall on Carnegie, becomes Lorain Avenue, meet all the requirements of Section Ord. No. 538-15. to West 20th Street; turn left on West 411.05 of the Codified Ordinances of By Council Members Cimperman, 20th to Abbey Avenue; turn left on Cleveland, Ohio, 1976. Streets may be Zone and Brady. Abbey to West 11th Street; left on closed as determined by the Chief of An emergency ordinance consent- West 11th to Starkweather Avenue; Police and safety forces as may be ing and approving the issuance of a right on Starkweather to West 14th necessary in order to protect the par- permit for the Rite Aid 2015 Cleveland Street; left on West 14th to Clark ticipants in the event. Said permit Marathon, Half Marathon and 10K Avenue; right on Clark to Scranton shall further provide that the City of Course on May 17, 2015, and the 5K Road; right on Scranton to Barber Cleveland shall be fully indemnified Course on May 16, 2015. Avenue; left on Barber to West 25th from any and all liability resulting Whereas, this ordinance constitutes Street; right on West 25th to Lorain from the issuance of the same, to the an emergency measure providing for Avenue; left on Lorain to West 58th extent and in form satisfactory to the the usual daily operation of a munici- Street; right on West 58th to Detroit Director of Law. pal department; now, therefore, Avenue; left on Detroit Avenue (in Section 2. That this ordinance is Be it ordained by the Council of the west bound lanes, with traffic) to hereby declared to be an emergency City of Cleveland: Lake Avenue; turn right (30 degrees) measure and, provided it receives the Section 1. That pursuant to Section on Lake Avenue to West Boulevard; affirmative vote of two-thirds of all 411.06 of the Codified Ordinances of West Boulevard to Clifton Boulevard; the members elected to Council, it Cleveland, Ohio 1976, this Council con- (Marathon and Half Marathon Split; shall take effect and be in force imme- sents to and approves the holding of right on Clifton to West 104th Street; diately upon its passage and approval the Rite Aid 2015 Cleveland right on West 104th to Lake Avenue; by the Mayor; otherwise, it shall take Marathon, Marathon Course (on May right on Lake Avenue (in east bound effect and be in force from and after 17, 2015) start: Ontario Street at the lanes, with traffic) to West Boule- the earliest period allowed by law. Quicken Loans Arena, northwest cor- vard/Cleveland Memorial Shoreway Motion to suspend rules, Charter, ner of the building; straight on entrance ramp; bear left at entrance and statutory provisions and place Ontario to Prospect Avenue; turn ramp, stay on Cleveland Memorial on final passage. 640 May 6, 2015 The City Record 19

The rules were suspended. Yeas contract and that the contract shall D3 and D3A Liquor Permit from 16. Nays 0. Read second time. Read contain such terms and provisions Triple Threat, Inc., DBA Club third time in full. Passed. Yeas 16. as he deems necessary to protect the Odyssey, 6735 St. Clair Avenue, 1st Nays 0. City’s interest. floor, S/Portion, Cleveland, Ohio Section 4. That this ordinance is 44103, Permanent Number Ord. No. 539-15. hereby declared to be an emergency 90530790001 to Triple Threat, Inc., By Council Member Conwell. measure and, provided it receives the DBA Club Odyssey, 7513 St. Clair An emergency ordinance authoriz- affirmative vote of two-thirds of all Avenue, Cleveland, Ohio 44103, Per- ing the Director of the Department of the members elected to Council, it manent Number 90530790002; and Economic Development to enter into shall take effect and be in force imme- Whereas, the granting of this an agreement with Tonda Lanton or diately upon its passage and approval application for a liquor permit to designee for the Crawford Building by the Mayor; otherwise it shall take this high crime area, which is Project through the use of Ward 9 effect and be in force from and after already saturated with other liquor Casino Revenue Funds. the earliest period allowed by law. outlets, is contrary to the best inter- Whereas, this ordinance constitutes Motion to suspend rules, Charter, ests of the entire community; and an emergency measure providing for and statutory provisions and place Whereas, the applicant does not the usual daily operation of a munici- on final passage. qualify to be a permit holder and/or pal department; now, therefore, The rules were suspended. Yeas has demonstrated that he has oper- Be it ordained by the Council of the 16. Nays 0. Read second time. Read ated his liquor business in disregard City of Cleveland: third time in full. Passed. Yeas 16. of the laws, regulations or local Section 1. That the Director of the Nays 0. ordinances of this state or any other Department of the Department of Eco- state; and nomic Development is authorized to Ord. No. 541-15. Whereas, the place for which the enter into an agreement with Tonda By Council Member Conwell. permit is sought has not conformed Lanton or designee for the Crawford An emergency ordinance authoriz- to the building, safety or health Project located at 1204 – 1212 East ing the Director of the Department of requirements of the governing body 105th Street, Cleveland, Ohio 44108 for Economic Development to enter into of this County or City; and the public purpose of exterior an agreement with Alphonso Whereas, the place for which the improvements for local area business- Mitchum or designee for the Al’s Deli permit is sought is so arranged or es resulting in new job creation for Project through the use of Ward 9 constructed that law enforcement Cleveland residents through the use Casino Revenue Funds. officers or agents of the Division of of Ward 9 Casino Revenue Funds. Whereas, this ordinance constitutes Liquor Control are prevented rea- Section 2. That the cost of said con- an emergency measure providing for sonable access to the establishment; tract shall be in an amount not to the usual daily operation of a munici- and exceed $12,000 and shall be paid from pal department; now, therefore, Fund No. 10 SF 188. Whereas, the place for which the Be it ordained by the Council of the permit is sought is so located with Section 3. That the Director of Law City of Cleveland: shall prepare and approve said con- respect to the neighborhood that it Section 1. That the Director of the substantially interferes with public tract and that the contract shall con- Department of the Department of Eco- tain such terms and provisions as he decency, sobriety, peace or good nomic Development is authorized to order; and deems necessary to protect the City’s enter into an agreement with Alphon- interest. Whereas, this objection is based so Mitchum or designee for the Al’s on other legal grounds as set forth Section 4. That this ordinance is Deli Project located at 10604 Superior hereby declared to be an emergency in Revised Code Section 4303.292; Ave, Cleveland, Ohio 44106 for the and measure and, provided it receives the public purpose of exterior improve- affirmative vote of two-thirds of all Whereas, this resolution consti- ments for local area businesses tutes an emergency measure provid- the members elected to Council, it resulting in new job creation for ing for the immediate preservation shall take effect and be in force imme- Cleveland residents through the use of the public peace, prosperity, safe- diately upon its passage and approval of Ward 9 Casino Revenue Funds. ty and welfare pursuant to Section by the Mayor; otherwise it shall take Section 2. That the cost of said con- 4303.26 of the Ohio Revised Code. effect and be in force from and after tract shall be in an amount not to Council’s objection to said permit the earliest period allowed by law. exceed $12,000 and shall be paid from must be received by the Superinten- Motion to suspend rules, Charter, Fund No. 10 SF 188. dent of Liquor Control within 30 and statutory provisions and place Section 3. That the Director of Law on final passage. shall prepare and approve said con- days of notification; now, therefore, The rules were suspended. Yeas tract and that the contract shall con- Be it resolved by the Council of 16. Nays 0. Read second time. Read tain such terms and provisions as he the City of Cleveland: third time in full. Passed. Yeas 16. deems necessary to protect the City’s Section 1. That Council does hereby Nays 0. interest. record its objection to the transfer of Section 4. That this ordinance is liquor license of a D2, D2X, D3 and Ord. No. 540-15. hereby declared to be an emergency D3A Liquor Permit from Triple By Council Member Cimperman. measure and, provided it receives the Threat, Inc., DBA Club Odyssey, 6735 An emergency ordinance authoriz- affirmative vote of two-thirds of all St. Clair Avenue, 1st floor, S/Portion, ing the Director of the Department of the members elected to Council, it Cleveland, Ohio 44103, Permanent Community Development to enter into shall take effect and be in force imme- Number 90530790001 to Triple Threat, an agreement with Building Bridges diately upon its passage and approval Inc., DBA Club Odyssey, 7513 St. Clair Collaborative, Inc., for the Migration by the Mayor; otherwise it shall take Avenue, Cleveland, Ohio 44103, Per- Arts Education Project through the effect and be in force from and after manent Number 90530790002; and use of Ward 3 Casino Revenue Funds. the earliest period allowed by law. requests the Superintendent of Liquor Whereas, this ordinance constitutes Motion to suspend rules, Charter, Control to set a hearing for said appli- an emergency measure providing for and statutory provisions and place cation in accordance with provisions the usual daily operation of a munici- on final passage. of Section 4303.26 of the Revised Code pal department; now, therefore, The rules were suspended. Yeas of Ohio. Be it ordained by the Council of the 16. Nays 0. Read second time. Read Section 2. That the Clerk of Council City of Cleveland: third time in full. Passed. Yeas 16. be and she is hereby directed to trans- Section 1. That the Director of the Nays 0. mit two certified copies of this resolu- Department of Community Develop- tion, together with two copies of a let- ment is authorized to enter into an FIRST READING EMERGENCY ter of objection and two copies of a agreement effective February 1, 2015 RESOLUTIONS READ IN FULL letter requesting that the hearing be with Building Bridges Collaborative, AND ADOPTED held in Cleveland, Cuyahoga County. Inc., for the Migration Arts Education Section 3. That this resolution is Project for the public purpose of pro- Res. No. 533-15. hereby declared to be an emergency viding art and mediation education By Council Member J. Johnson. measure and, provided it receives the through the use of Ward 3 Casino An emergency resolution objecting affirmative vote of two-thirds of all Revenue Funds. to the transfer of liquor license of a the members elected to Council, it Section 2. That the cost of said con- D2, D2X, D3 and D3A Liquor Permit to shall take effect and be in force imme- tract shall be in an amount not to 7513 St. Clair Avenue. diately upon its adoption and exceed $5,000 and shall be paid from Whereas, Council has been noti- approval by the Mayor; otherwise, it Fund No. 10 SF 188. fied by the Division of Liquor Con- shall take effect and be in force from Section 3. That the Director of trol of an application for the trans- and after the earliest period allowed Law shall prepare and approve said fer of liquor license of a D2, D2X, by law. 641 20 The City Record May 6, 2015

Motion to suspend rules, Charter, letter requesting that the hearing be Section 2. That the Clerk of Council and statutory provisions and place held in Cleveland, Cuyahoga County. be and she is hereby directed to trans- on final adoption. Section 3. That this resolution is mit two certified copies of this resolu- The rules were suspended. Yeas hereby declared to be an emergency tion, together with two copies of a let- 16. Nays 0. Read second time. Read measure and, provided it receives the ter of objection and two copies of a third time in full. Adopted. Yeas affirmative vote of two-thirds of all letter requesting that the hearing be 16. Nays 0. the members elected to Council, it held in Cleveland, Cuyahoga County. shall take effect and be in force imme- Section 3. That this resolution is Res. No. 534-15. diately upon its adoption and hereby declared to be an emergency By Council Member J. Johnson. approval by the Mayor; otherwise, it measure and, provided it receives the An emergency resolution objecting shall take effect and be in force from affirmative vote of two-thirds of all to the transfer of ownership of a C1 and after the earliest period allowed the members elected to Council, it Liquor Permit to 10929 St. Clair by law. shall take effect and be in force imme- Avenue. Motion to suspend rules, Charter, diately upon its adoption and Whereas, Council has been noti- and statutory provisions and place approval by the Mayor; otherwise, it fied by the Division of Liquor Con- on final adoption. shall take effect and be in force from trol of an application for the trans- The rules were suspended. Yeas and after the earliest period allowed fer of ownership of a C1 Liquor Per- 16. Nays 0. Read second time. Read by law. mit from Swift Foods, Inc., DBA third time in full. Adopted. Yeas Motion to suspend rules, Charter, Swift Food Mart, 10929 St. Clair 16. Nays 0. and statutory provisions and place Avenue, Cleveland, Ohio 44108, Per- on final adoption. manent Number 8738908 to OW10929, Res. No. 535-15. The rules were suspended. Yeas LLC, DBA Swift Food Mart, 10929 St. By Council Member Dow. 16. Nays 0. Read second time. Read Clair Avenue, Cleveland, Ohio 44108, An emergency resolution objecting third time in full. Adopted. Yeas Permanent Number 66094440005; and to a New C2 Liquor Permit at 3700 16. Nays 0. Whereas, the granting of this Superior Avenue, #E. application for a liquor permit to Whereas, Council has been noti- Res. No. 536-15. this high crime area, which is fied by of an the Division of Liquor By Council Member Dow. already saturated with other liquor Control application for a New C2 An emergency resolution objecting outlets, is contrary to the best inter- Liquor Permit at Nak Won Oriental to the transfer of ownership of a D5 ests of the entire community; and Food, Inc., DBA Kims Oriental Food, and D6 Liquor Permit to 1417-1423 Whereas, the applicant does not 3700 Superior Avenue, #E, Cleve- East 21st Street. qualify to be a permit holder and/or land, Ohio 44114, Permanent Number Whereas, Council has been noti- has demonstrated that he has oper- 9751107; and fied by the Division of Liquor Con- ated his liquor business in disregard Whereas, the granting of this trol of an application for the trans- of the laws, regulations or local application for a liquor permit to fer of ownership of a D5 and D6 ordinances of this state or any other this high crime area, which is Liquor Permit from Hayes Develop- state; and already saturated with other liquor ment Group, LLC, DBA Mardi Gras, Whereas, the place for which the outlets, is contrary to the best inter- 1417-1423 East 21st Street, Cleveland, permit is sought has not conformed ests of the entire community; and Ohio 44114, Permanent Number to the building, safety or health Whereas, the applicant does not 3693706 to Zon Investments, LLC, qualify to be a permit holder and/or requirements of the governing body 1417-1423 East 21st Street, Cleveland, has demonstrated that he has oper- of this County or City; and Ohio 44114, Permanent Number ated his liquor business in disregard Whereas, the place for which the 9957550; and of the laws, regulations or local permit is sought is so arranged or Whereas, the granting of this ordinances of this state or any other constructed that law enforcement application for a liquor permit to state; and officers or agents of the Division of Whereas, the place for which the this high crime area, which is Liquor Control are prevented rea- permit is sought has not conformed already saturated with other liquor sonable access to the establishment; to the building, safety or health outlets, is contrary to the best inter- and requirements of the governing body ests of the entire community; and Whereas, the place for which the of this County or City; and Whereas, the applicant does not permit is sought is so located with Whereas, the place for which the qualify to be a permit holder and/or respect to the neighborhood that it permit is sought is so arranged or has demonstrated that he has oper- substantially interferes with public constructed that law enforcement ated his liquor business in disregard decency, sobriety, peace or good officers or agents of the Division of of the laws, regulations or local order; and Liquor Control are prevented rea- ordinances of this state or any other Whereas, this objection is based sonable access to the establishment; state; and on other legal grounds as set forth and Whereas, the place for which the in Revised Code Section 4303.292; Whereas, the place for which the permit is sought has not conformed and permit is sought is so located with to the building, safety or health Whereas, this resolution consti- respect to the neighborhood that it requirements of the governing body tutes an emergency measure provid- substantially interferes with public of this County or City; and ing for the immediate preservation decency, sobriety, peace or good Whereas, the place for which the of the public peace, prosperity, safe- order; and permit is sought is so arranged or ty and welfare pursuant to Section Whereas, this objection is based constructed that law enforcement 4303.26 of the Ohio Revised Code. on other legal grounds as set forth officers or agents of the Division of Council’s objection to said permit in Revised Code Section 4303.292; Liquor Control are prevented rea- must be received by the Superinten- and sonable access to the establishment; dent of Liquor Control within 30 Whereas, this resolution consti- and days of notification; now, therefore, tutes an emergency measure provid- Whereas, the place for which the Be it resolved by the Council of ing for the immediate preservation permit is sought is so located with the City of Cleveland: of the public peace, prosperity, safe- respect to the neighborhood that it Section 1. That Council does hereby ty and welfare pursuant to Section substantially interferes with public record its objection to the transfer of 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good ownership of a C1 Liquor Permit from Council’s objection to said permit order; and Swift Foods, Inc., DBA Swift Food must be received by the Superinten- Whereas, this objection is based Mart, 10929 St. Clair Avenue, Cleve- dent of Liquor Control within 30 on other legal grounds as set forth land, Ohio 44108, Permanent Number days of notification; now, therefore, in Revised Code Section 4303.292; 8738908 to OW10929, LLC, DBA Swift Be it resolved by the Council of and Food Mart, 10929 St. Clair Avenue, the City of Cleveland: Whereas, this resolution consti- Cleveland, Ohio 44108, Permanent Section 1. That Council does hereby tutes an emergency measure provid- Number 66094440005; and requests the record its objection to a New C2 ing for the immediate preservation Superintendent of Liquor Control to Liquor Permit at Nak Won Oriental of the public peace, prosperity, safe- set a hearing for said application in Food, Inc., DBA Kims Oriental Food, ty and welfare pursuant to Section accordance with provisions of Section 3700 Superior Avenue, #E, Cleveland, 4303.26 of the Ohio Revised Code. 4303.26 of the Revised Code of Ohio. Ohio 44114, Permanent Number Council’s objection to said permit Section 2. That the Clerk of Council 9751107; and requests the Superinten- must be received by the Superinten- be and she is hereby directed to trans- dent of Liquor Control to set a hearing dent of Liquor Control within 30 mit two certified copies of this resolu- for said application in accordance days of notification; now, therefore, tion, together with two copies of a let- with provisions of Section 4303.26 of Be it resolved by the Council of ter of objection and two copies of a the Revised Code of Ohio. the City of Cleveland: 642 May 6, 2015 The City Record 21

Section 1. That Council does hereby Whereas, this objection is based Section 2. That this resolution is record its objection to the transfer of on other legal grounds as set forth hereby declared to be an emergency ownership of a D5 and D6 Liquor Per- in Revised Code Section 4303.292; measure and provided it receives the mit from Hayes Development Group, and affirmative vote of two-thirds of all LLC, DBA Mardi Gras, 1417-1423 East Whereas, this resolution consti- the members elected to Council, it 21st Street, Cleveland, Ohio 44114, Per- tutes an emergency measure provid- shall take effect and be in force imme- manent Number 3693706 to Zon Invest- ing for the immediate preservation diately upon its adoption and ments, LLC, 1417-1423 East 21st Street, of the public peace, prosperity, safe- approval by the Mayor; otherwise, it Cleveland, Ohio 44114, Permanent ty and welfare pursuant to Section shall take effect and be in force from Number 9957550; and requests the 4303.26 of the Ohio Revised Code. and after the earliest period allowed Superintendent of Liquor Control to Council’s objection to said permit by law. must be received by the Superinten- set a hearing for said application in Motion to suspend rules, Charter, dent of Liquor Control within 30 accordance with provisions of Section and statutory provisions and place days of notification; now, therefore, 4303.26 of the Revised Code of Ohio. on final adoption. Section 2. That the Clerk of Council Be it resolved by the Council of the City of Cleveland: The rules were suspended. Yeas be and she is hereby directed to trans- Section 1. That Council does hereby 16. Nays 0. Read second time. Read mit two certified copies of this resolu- record its objection to the transfer of third time in full. Adopted. Yeas tion, together with two copies of a let- ownership of a D2, D2X, D3 and D6 16. Nays 0. ter of objection and two copies of a Liquor Permit from Underground letter requesting that the hearing be Entertainment, Inc., DBA Under- SECOND READING EMERGENCY held in Cleveland, Cuyahoga County. ground, 75 Public Square, Suite B-100, ORDINANCES PASSED Section 3. That this resolution is Cleveland, Ohio 44113, Permanent hereby declared to be an emergency Number 9148958 to Public Square Ord. No. 20-15. measure and, provided it receives the Pizza, LLC, DBA Public Square, Suite By Council Members K. Johnson affirmative vote of two-thirds of all B-100, Cleveland, Ohio 44113, Perma- and Kelley (by departmental the members elected to Council, it nent Number 7107927; and requests request). shall take effect and be in force imme- the Superintendent of Liquor Control An emergency ordinance to supple- diately upon its adoption and to set a hearing for said application in ment the Codified Ordinances of approval by the Mayor; otherwise, it accordance with provisions of Section Cleveland, Ohio, 1976, to enact new shall take effect and be in force from 4303.26 of the Revised Code of Ohio. Section 131.37; and to amend Section and after the earliest period allowed Section 2. That the Clerk of Council 131.35, amended by Ordinance No. 459- by law. be and she is hereby directed to trans- 14, passed June 9, 2014, relating to Motion to suspend rules, Charter, mit two certified copies of this resolu- rental of League Park Baseball Field tion, together with two copies of a let- and statutory provisions and place and Visitors Center. ter of objection and two copies of a on final adoption. Approved by Directors of Public letter requesting that the hearing be The rules were suspended. Yeas Works, Finance, Law; Passage recom- 16. Nays 0. Read second time. Read held in Cleveland, Cuyahoga County. Section 3. That this resolution is mended by Committees on Municipal third time in full. Adopted. Yeas Services and Properties, Finance, 16. Nays 0. hereby declared to be an emergency measure and, provided it receives the when amended, as follows: 1. In Section 1, at new Section Res. No. 542-15. affirmative vote of two-thirds of all 131.37(k), line four, strike “improve- By Council Member Cimperman. the members elected to Council, it ments to the Complex.” and insert An emergency resolution objecting shall take effect and be in force imme- “improvements to the Complex and to the transfer of ownership of a D2, diately upon its adoption and approval by the Mayor; otherwise, it for City events held at the Com- D2X, D3 and D6 Liquor Permit to 75 shall take effect and be in force from plex.”. Public Square, Suite B-100. and after the earliest period allowed Amendment agreed to. Whereas, Council has been noti- by law. The rules were suspended. Yeas fied by the Division of Liquor Con- Motion to suspend rules, Charter, 16. Nays 0. Read second time. Read trol of an application for the trans- and statutory provisions and place third time in full. Passed. Yeas 16. fer of ownership of a D2, D2X, D3 on final adoption. Nays 0. and D6 Liquor Permit from Under- The rules were suspended. Yeas In compliance with Section 33 of ground Entertainment, Inc., DBA 16. Nays 0. Read second time. Read the Charter a copy of the legislation Underground, 75 Public Square, third time in full. Adopted. Yeas was furnished to each member of Suite B-100, Cleveland, Ohio 44113, 16. Nays 0. Council before final passage. Permanent Number 9148958 to Pub- lic Square Pizza, LLC, DBA Public Res. No. 543-15. Ord. No. 379-15. Square, Suite B-100, Cleveland, Ohio By Council Member Dow. By Council Members Brancatelli 44113, Permanent Number 7107927; An emergency resolution With- and Kelley (by departmental and drawing objection to a New C1 Liquor request). Whereas, the granting of this Permit at 6718 St. Clair Avenue and An emergency ordinance authoriz- application for a liquor permit to repealing Resolution No. 361-15, ing the Director of the City Planning this high crime area, which is objecting to said permit. Commission to enter into an amend- already saturated with other liquor Whereas, this Council objected to ment to Contract No. 55936, as amend- outlets, is contrary to the best inter- a New C1 Liquor Permit at PZB, ed, with Omni Media Cleveland, Inc. ests of the entire community; and LLC, DBA Prijatels Pharmacy, 6718 to change the terms of the agreement. Whereas, the applicant does not St. Clair Avenue, Cleveland, Ohio Approved by Directors of City Plan- qualify to be a permit holder and/or 44103, Permanent Number 7128579 by ning Commission, Finance, Law; Pas- has demonstrated that he has oper- Resolution No. 361-15 adopted by the sage recommended by Committees on ated his liquor business in disregard Council on March 30, 2015; and Development Planning and Sustain- of the laws, regulations or local Whereas, this Council wishes to ability, Finance. ordinances of this state or any other withdraw its objection to the above The rules were suspended. Yeas state; and permit and consents to said permit; 16. Nays 0. Read second time. Read Whereas, the place for which the and third time in full. Passed. Yeas 16. permit is sought has not conformed Whereas, this resolution consti- Nays 0. to the building, safety or health tutes an emergency measure provid- requirements of the governing body ing for the usual daily operation of of this County or City; and a municipal department; now, there- Ord. No. 435-15. Whereas, the place for which the fore, By Council Members Brancatelli permit is sought is so arranged or Be it resolved by the Council of and Kelley (by departmental constructed that law enforcement the City of Cleveland: request). officers or agents of the Division of Section 1. That objection to a New An emergency ordinance appropri- Liquor Control are prevented rea- C1 Liquor Permit at PZB, LLC, DBA ating Community Development Block sonable access to the establishment; Prijatels Pharmacy, 6718 St. Clair Grant and HOME funds for adminis- and Avenue, Cleveland, Ohio 44103, Per- trative expenses of the Department of Whereas, the place for which the manent Number 7128579, be and the Community Development. permit is sought is so located with same is hereby withdrawn and Reso- Approved by Directors of Communi- respect to the neighborhood that it lution No. 361-15, containing such ty Development, Finance, Law; Pas- substantially interferes with public objection, be and the same is hereby sage recommended by Committees on decency, sobriety, peace or good repealed and that this Council con- Development Planning and Sustain- order; and sents to the immediate permit thereof. ability, Finance. 643 22 The City Record May 6, 2015

The rules were suspended. Yeas Approved by Directors of Finance, Present: Acting Director Horvath, 16. Nays 0. Read second time. Read Law; Passage recommended by Com- Director/Interim Director Dumas, third time in full. Passed. Yeas 16. mittee on Finance. Acting Director Shaw, Director Cox, Nays 0. The rules were suspended. Yeas Acting Directors Baker, Withers, 16. Nays 0. Read second time. Read Cosgrove, Directors Fumich and Ord. No. 436-15. third time in full. Passed. Yeas 16. O’Leary. By Council Members Brancatelli Nays 0. Absent: Mayor Jackson, Directors and Kelley (by departmental Southerington and Nichols. request). Ord. No. 491-15. Others: Tiffany White, Commis- An emergency ordinance authoriz- By Council Member Kelley (by sioner, Division of Purchases & Sup- ing the Director of Community Devel- departmental request). plies. opment to enter into or amend con- An emergency ordinance to amend Melissa Burrows, Director, Office tracts with various social service various sections of Ordinance No. 323- of Equal Opportunity. agencies, community development or 15, passed March 30, 2015, as amended Matthew Spronz, Director, Mayor’s local development corporations and by various ordinances, relating to Office of Capital Projects. private for profit entities; to enter compensation for various classifica- On motions, the following resolu- into or amend memorandums of tions. tions were adopted, except as may understanding with various City of Approved by Directors of Human be otherwise noted. Cleveland departments to implement Resources, Finance, Law; Passage the City’s community development recommended by Committee on Resolution No. 152-15. programs; and to expend funds for the Finance. By Director Dumas. operation of programs administered The rules were suspended. Yeas Whereas, under the authority of by the Department of Community 16. Nays 0. Read second time. Read Ordinance No. 735-12, passed by the third time in full. Passed. Yeas 16. Development. Council of the City of Cleveland on Nays 0. Approved by Directors of Communi- June 4, 2012, and Resolution No. 610- ty Development, Finance, Law; Pas- 12, adopted by this Board on Novem- LAID ON THE TABLE sage recommended by Committees on ber 21, 2012, the City, through the Development Planning and Sustain- Director of Finance, entered into Ord. No. 450-15. ability, Finance. Contract No. PS2013-043 with MCPc, By Council Member Conwell. The rules were suspended. Yeas An emergency ordinance to add Inc. to obtain professional services 16. Nays 0. Read second time. Read the name Jamie Ireland Way as a supplementing the City’s regularly third time in full. Passed. Yeas 16. secondary and honorary name to employed staff necessary to update Nays 0. East Boulevard between Euclid and improve network infrastruc- Avenue and Bellflower Road. ture, Microsoft Exchange and Ord. No. 488-15. Without objection Ordinance No. Active Directory and City-wide By Council Members K. Johnson 450-15 was relieved of further con- applications, and approved various and Kelley (by departmental sideration of all committees and laid sub-consultants, including Avvenire request). on the table pursuant to Rules of Solutions, LLC; and An emergency ordinance giving Council. Whereas, MCPc, Inc. has request- consent of the City of Cleveland to the The rules were suspended. Yeas ed the City’s consent to employ BPI Director of Transportation of the 16. Nays 0. Ordinance No. 450-15 Information Systems, Inc. as a sub- State of Ohio for improving the North Laid on the Table. stitute sub-consultant under Con- and South Marginal Roads from East tract No. PS2013-043 to complete the 9th Street to East 55th Street; to apply MOTION upgrade of City-wide applications for and accept any gifts or grants that was to have been performed by from any public or private entity; On the motion of Council Member Avvenire Solutions, LLC; now, there- authorizing the Director of Capital K. Johnson, the absence of Council fore, Projects to enter into any relative Member Matthew Zone is hereby Be it resolved by the Board of agreements; and causing payment of authorized. Seconded by Council Control of the City of Cleveland that the City’s share to the State for the Member Keane. the employment of BPI Information cost of the improvement. Systems, Inc. by MCPc, Inc. as a sub- Approved by Directors of Capital MOTION stitute for sub-consultant Avvenire Projects, City Planning Commission, Solutions, LLC under Contract No. Finance, Law; Passage recommended The Council Meeting adjourned at PS2013-043 is approved. by Committees on Municipal Services 7:34 p.m. to meet on Monday, May 11, Yeas: Acting Director Horvath, and Properties, Finance. 2015, at 7:00 p.m. in the Council Director/Interim Director Dumas, The rules were suspended. Yeas Chamber. Acting Director Shaw, Director Cox, 16. Nays 0. Read second time. Read Acting Directors Baker, Withers, third time in full. Passed. Yeas 16. Cosgrove, Directors Fumich and Nays 0. O’Leary. Nays: None. Ord. No. 489-15. Absent: Mayor Jackson, Directors By Council Member Kelley (by Southerington and Nichols. departmental request). An emergency ordinance authoriz- Resolution No. 153-15. ing the Director of Finance to employ By Director Dumas. one or more professional consultants Whereas, under the authority of to provide administration of Family Patricia J. Britt Ordinance No. 1080-99, passed by the and Medical Leave Act benefits for City Clerk, Clerk of Council Cleveland City Council on May 22, City employees, for a period of one 2000, and Board of Control Resolu- year, with a one-year option to renew, THE CALENDAR tion No. 808-00, adopted December 6, exercisable by the Director of 2000, the City of Cleveland, through Finance. the Director of Public Utilities, Approved by Directors of Finance, The following measures will be on entered into City Contract No. 57651 Law; Passage recommended by Com- their final passage at the next meet- with Montgomery Watson Americas, mittee on Finance. ing: Inc. to acquire implementation con- The rules were suspended. Yeas sultant services for the citywide 16. Nays 0. Read second time. Read NONE Geographic Information System Pro- third time in full. Passed. Yeas 16. gram, for the various divisions of Nays 0. City government; and Whereas, the citywide Geographic Ord. No. 490-15. BOARD OF CONTROL Information System runs on the By Council Member Kelley (by Environmental Systems Research departmental request). Institute, Inc. (ESRI) software plat- An emergency ordinance authoriz- April 29, 2015 form, and support, maintenance, and ing the Director of Finance to enter licenses must be renewed annually into an amendment to Contract No. RC The Regular meeting of the Board for proper use and support of the 2010-135 with Meritech, Inc. to contin- of Control convened in the Mayor’s citywide GIS software and applica- ue for two-years the rental of Group I, office on Wednesday, April 29, 2015 tions; and II, and III copiers and services for the at 10:40 a.m. with Acting Director Whereas, division (c) of Section various divisions of City government. Horvath presiding. 181.102 of the Codified Ordinances of 644 May 6, 2015 The City Record 23

Cleveland, Ohio, 1976, (“C.O.”) autho- Yeas: Acting Director Horvath, Ohio, 1976 authorizes the Commis- rizes a director to execute one or Director/Interim Director Dumas, sioner of Purchases and Supplies, more license agreements for soft- Acting Director Shaw, Director Cox, when directed by the Director of ware needed to implement or main- Acting Directors Baker, Withers, Community Development and when tain a previously acquired software Cosgrove, Directors Fumich and certain specified conditions have system directly with software licens- O’Leary. been met, to sell Land Reutilization ing firm; and Nays: None. Program parcels; and Whereas, division (d) of Section Absent: Mayor Jackson, Directors Whereas, Valerie J. McCall has 181.102 C.O. authorizes a director to Southerington and Nichols. proposed to the City to purchase and enter into an agreement with a soft- develop the parcels for yard expan- ware vendor for professional ser- Resolution No. 155-15. sion; and vices necessary to implement or By Director Smith. Whereas, the following conditions maintain the software system, Resolved, by the Board of Control exist: including but not limited to mainte- of the City of Cleveland that all bids 1. The member of Council from nance, repair, upgrades, enhance- received for the public improvement Ward 6 has either approved the pro- ments and technical support; and of centralized checked baggage posed sale or has not disapproved or Whereas, under the authority of inspection system, all items, for the requested a hold of the proposed Section 181.102 C.O., the City intends Department of Port Control, received sale within 45 days of notification to enter into an agreement with April 10, 2015, under the authority of of it; Environmental Systems Research Ordinance No. 220-15, passed by the 2. The proposed purchaser of the Institute, Inc. (ESRI) to renew the Council of the City of Cleveland on parcels is neither tax delinquent nor necessary software licenses and to April 14, 2015, are rejected. in violation of the Building and obtain the professional services nec- Yeas: Acting Director Horvath, Housing Code; now, therefore, essary to continue support and Director/Interim Director Dumas, Be it resolved by the Board of maintenance for the citywide GIS Acting Director Shaw, Director Cox, Control of the City of Cleveland that software and applications for one Acting Directors Baker, Withers, under Section 183.021 of the Codified year starting June 1, 2015; now, Cosgrove, Directors Fumich and Ordinances of Cleveland, Ohio, 1976, therefore, O’Leary. the Commissioner of Purchases and Be it resolved by the Board of Nays: None. Supplies is authorized, when direct- Absent: Mayor Jackson, Directors ed by the Director of Community Control of the City of Cleveland Southerington and Nichols. Development, and the Mayor is that, under the authority of division requested, to execute an Official (e) of Section 181.102 C.O., the com- Resolution No. 156-15. Deed for and on behalf of the City pensation to be paid for license fees By Director Cox. of Cleveland, with Valerie J. McCall and for maintenance and support Be it resolved by the Board of for the sale and development of Per- services to be performed under the Control of the City of Cleveland that manent Parcel Nos. 127-13-001, 127-13- contract with Environmental Sys- the bid of Precision Environmental 002, 127-13-047 and 127-13-051 located tems Research Institute, Inc. (ESRI) Co. for the public improvement of on East 93rd Street and Laisy for the one-year term starting June the Highland Park Mausoleum Haz- Avenue, according to the Land 1, 2015 shall not exceed $196,749.19. ardous Conditions Abatement, Base Reutilization Program in such man- Yeas: Acting Director Horvath, Bid Package 3 and Optional Item A- ner as best carries out the intent of Director/Interim Director Dumas, 3 for the Department of Public the program. Acting Director Shaw, Director Cox, Works, received on November 5, 2014 Be it further resolved that the con- Acting Directors Baker, Withers, under the authority of Ordinance No. sideration for the sale of the parcels Cosgrove, Directors Fumich and 537-12, passed May 14, 2012, upon a shall be $800.00, which amount is O’Leary. gross price basis for the improve- determined to be not less than the Nays: None. ment in the aggregate amount of fair market value of the parcels for Absent: Mayor Jackson, Directors $47,900.00 is affirmed and approved uses according to the Program. Southerington and Nichols. as the lowest responsible bid; and Yeas: None. the Director of the Department of Nays: Acting Director Horvath, Resolution No. 154-15. Public Works is authorized to enter Director/Interim Director Dumas, By Interim Director Dumas. into contract with the bidder. Acting Director Shaw, Director Cox, Be it resolved, by the Board of Be it further resolved, by the Acting Directors Baker, Withers, Control of the City of Cleveland that Board of Control of the City of Cosgrove, Directors Fumich and the bid of Terrace Construction Co., Cleveland that the employment of O’Leary. Inc. for the public improvement of the following subcontractors by Pre- Absent: Mayor Jackson, Directors Rosecliff Road Storm Sewer cision Environmental Co. is hereby Southerington and Nichols. Replacement Project (Base Bid All approved: Items including the 10% contin- Resolution No. 158-15. gency allowance) for the Division of Subcontractor CSB/MBE/FBE By Director Rush. Water Pollution Control, Depart- Amount Percentage Whereas, under Ordinance No. ment of Public Utilities, received on 2076-76 passed October 25, 1976, the February 27, 2015, under the author- Enviro Serve Non Certified City is conducting a Land Reuti- ity of Ordinance No. 991-14, passed $22,277.00 46.507% lization Program (“Program”) November 17, 2014, upon a unit basis according to the provisions of Chap- for the improvement, in the aggre- Yeas: Acting Director Horvath, ter 5722 of the Ohio Revised Code; gate amount of $272,090.03, is Director/Interim Director Dumas, and affirmed and approved as the low- Acting Director Shaw, Director Cox, Whereas, under the Program, the est responsible bid, and the Director Acting Directors Baker, Withers, City has acquired Permanent Parcel of Public Utilities is authorized to Cosgrove, Directors Fumich and Nos. 127-13-001, 127-13-002, 127-13-047 enter into contract for the improve- O’Leary. and 127-13-051 located on East 93rd ment with the bidder. Nays: None. Street and Laisy Avenue; and Be it further resolved by the Absent: Mayor Jackson, Directors Whereas, Section 183.021 of the Board of Control of the City of Southerington and Nichols. Codified Ordinances of Cleveland, Cleveland that the employment of Ohio, 1976 authorizes the Commis- the following subcontractors by Ter- Resolution No. 157-15. sioner of Purchases and Supplies, race Construction Co., Inc. for the By Director Rush. when directed by the Director of above-mentioned public improve- Whereas, under Ordinance No. Community Development and when ment is approved: 2076-76 passed October 25, 1976, the certain specified conditions have City is conducting a Land Reuti- been met, to sell Land Reutilization SUBCONTRACTOR CSB/MBE/FBE lization Program (“Program”) Program parcels; and WORK according to the provisions of Chap- Whereas, Valarie J. McCall has ter 5722 of the Ohio Revised Code; proposed to the City to purchase and Rockport Construction CSB/FBE and develop the parcels for yard expan- $38,637.00(14.200%) Whereas, under the Program, the sion; and City has acquired Permanent Parcel Whereas, the following conditions The Vallejo Company CSB/FBE Nos. 127-13-001, 127-13-002, 127-13-047 exist: $13,843.00(5.088%) and 127-13-051 located on East 93rd 1. The member of Council from Street and Laisy Avenue; and Ward 6 has either approved the pro- Cook Paving CSB/MBE Whereas, Section 183.021 of the posed sale or has not disapproved or $31,658.00(11.64%) Codified Ordinances of Cleveland, requested a hold of the proposed 645 24 The City Record May 6, 2015 sale within 45 days of notification Development, and the Mayor is shall be $200.00, which amount is of it; requested, to execute an Official determined to be not less than the 2. The proposed purchaser of the Deed for and on behalf of the City fair market value of the parcel for parcels is neither tax delinquent nor of Cleveland, with Northeast Ohio uses according to the Program. in violation of the Building and Regional Sewer District for the sale Yeas: Acting Director Horvath, Housing Code; now, therefore, and development of Permanent Par- Director/Interim Director Dumas, Be it resolved by the Board of cel Nos. 110-31-008 and 110-31-009 Acting Director Shaw, Director Cox, Control of the City of Cleveland that located at 11445 Superior Avenue Acting Directors Baker, Withers, under Section 183.021 of the Codified and 11415 Superior Avenue, accord- Cosgrove, Directors Fumich and Ordinances of Cleveland, Ohio, 1976, ing to the Land Reutilization Pro- O’Leary. the Commissioner of Purchases and gram in such manner as best carries Nays: None. Supplies is authorized, when direct- out the intent of the program. Absent: Mayor Jackson, Directors ed by the Director of Community Be it further resolved that the con- Southerington and Nichols. Development, and the Mayor is sideration for the sale of the parcels requested, to execute an Official shall be $28,780.00, which amount is Resolution No. 161-15. Deed for and on behalf of the City determined to be not less than the By Director Dumas. of Cleveland, with Valarie J. McCall fair market value of the parcels for Whereas, by Resolution No. 150-15, for the sale and development of Per- uses according to the Program. adopted on April 22, 2015, this Board manent Parcel Nos. 127-13-001, 127-13- Yeas: Acting Director Horvath, fixed the compensation to be paid 002, 127-13-047 and 127-13-051 located Director/Interim Director Dumas, Automatic Data Processing, Inc. on East 93rd Street and Laisy Acting Director Shaw, Director Cox, (“ADP”) for an upgrade and Avenue, according to the Land Acting Directors Baker, Withers, enhancement to the City integrated Reutilization Program in such man- Cosgrove, Directors Fumich and payroll and human resources infor- ner as best carries out the intent of O’Leary. mation system based on ADP’s the program. Nays: None. March 11, 2015 Statement of Work; Be it further resolved that the con- Absent: Mayor Jackson, Directors and sideration for the sale of the parcels Southerington and Nichols. Whereas, the comply with the shall be $800.00, which amount is employer-related information report- determined to be not less than the Resolution No. 160-15. ing provisions of the Affordable fair market value of the parcels for By Director Rush. Care Act (“ACA”) by no later than uses according to the Program. Whereas, under Ordinance No. the January 1, 2016 deadline, the Yeas: Acting Director Horvath, 2076-76 passed October 25, 1976, the City requires, in addition to and as Director/Interim Director Dumas, City is conducting a Land Reuti- part of the above-mentioned upgrade Acting Director Shaw, Director Cox, lization Program (“Program”) and enhancement, an application Acting Directors Baker, Withers, according to the provisions of Chap- system to generate the information Cosgrove, Directors Fumich and ter 5722 of the Ohio Revised Code; reports the ACA requires; now, O’Leary. and therefore, Nays: None. Whereas, under the Program, the Be it resolved by the Board of Absent: Mayor Jackson, Directors City has acquired Permanent Parcel Control of the City of Cleveland, Southerington and Nichols. No. 133-14-012 located at 7915 Har- that Resolution No. 150-15, adopted vard Avenue; and April 22, 2015, is amended by revis- Resolution No. 159-15. Whereas, Section 183.021 of the ing the fourth paragraph to state By Director Rush. Codified Ordinances of Cleveland, that the upgrade and enhancement Whereas, under Ordinance No. Ohio, 1976 authorizes the Commis- to the City’s payroll and human 2076-76 passed October 25, 1976, the sioner of Purchases and Supplies, resources information system is City is conducting a Land Reuti- when directed by the Director of “based upon ADP’s statement of lization Program (“Program”) Community Development and when work dated March 11, 2015 and according to the provisions of Chap- certain specified conditions have ADP’s cost proposal dated April 21, ter 5722 of the Ohio Revised Code; been met, to sell Land Reutilization 2015,” and by increasing the com- and Program parcels; and pensation fixed in the fifth para- Whereas, under the Program, the Whereas, The Most Reverend graph (“BE IT RESOLVED . . .”) for City has acquired Permanent Parcel Richard G. Lennon, Bishop of the the upgrade and enhancement from Nos., 110-31-008 and 110-31-009 locat- Roman Catholic Diocese of Cleve- an amount not to exceed ed at 11445 Superior Avenue and land as trustee for Holy Name “$204,000.00” to an amount not to 11415 Superior Avenue; and Parish, has proposed to the City to exceed “$374,000.00”. Whereas, Section 183.021 of the purchase and develop the parcel for Be it further resolved that all Codified Ordinances of Cleveland, green space; and other provisions of Resolution No. Ohio, 1976 authorizes the Commis- Whereas, the following conditions 150-15 not expressly amended herein sioner of Purchases and Supplies, exist: shall remain unchanged and in full when directed by the Director of 1. The member of Council from force and effect. Community Development and when Ward 12 has either approved the Yeas: Acting Director Horvath, certain specified conditions have proposed sale or has not disap- Director/Interim Director Dumas, been met, to sell Land Reutilization proved or requested a hold of the Acting Director Shaw, Director Cox, Program parcels; and proposed sale within 45 days of noti- Acting Directors Baker, Withers, Whereas, Northeast Ohio Regional fication of it; Cosgrove, Directors Fumich and Sewer District has proposed to the 2. The proposed purchaser of the O’Leary. City to purchase and develop the parcel is neither tax delinquent nor Nays: None. parcels for the construction and in violation of the Building and Absent: Mayor Jackson, Directors maintenance of Northeast Ohio Housing Code; now, therefore, Southerington and Nichols. Regional Sewer District’s Dugway Be it resolved by the Board of South Tunnel and Doan Valley Tun- Control of the City of Cleveland that JEFFREY B. MARKS, nel Project; and under Section 183.021 of the Codified Secretary Whereas, the following conditions Ordinances of Cleveland, Ohio, 1976, exist: the Commissioner of Purchases and 1. The member of Council from Supplies is authorized, when direct- CIVIL SERVICE NOTICES Ward 9 has either approved the pro- ed by the Director of Community ______posed sale or has not disapproved or Development, and the Mayor is General Information requested a hold of the proposed requested, to execute an Official Application blanks and informa- sale within 45 days of notification Deed for and on behalf of the City tion, regarding minimum entrance of it; of Cleveland, with The Most Rev- qualifications, scope of examination, 2. The proposed purchaser of the erend Richard G. Lennon, Bishop of and suggested reference materials parcels is neither tax delinquent nor the Roman Catholic Diocese of may be obtained at the office of the in violation of the Building and Cleveland as trustee for Holy Name Civil Service Commission, Room 119, Housing Code; now, therefore, Parish, for the sale and development City Hall, East 6th Street, and Lake- Be it resolved by the Board of of Permanent Parcel No. 133-14-012 side Avenue. Control of the City of Cleveland that located at 7915 Harvard Avenue, under Section 183.021 of the Codified according to the Land Reutilization Application blanks must be prop- Ordinances of Cleveland, Ohio, 1976, Program in such manner as best car- erly filled out on the official form the Commissioner of Purchases and ries out the intent of the program. prescribed by the Civil Service Com- Supplies is authorized, when direct- Be it further resolved that the con- mission and filed at the office of the ed by the Director of Community sideration for the sale of the parcel commission not later than the final 646 May 6, 2015 The City Record 25 closing date slated in the examina- Zoning Appeals may, however, per- six seats based on maximum seat- tion announcement. mit a chain link fence if the Board ing capacity and one space is pro- determines that such fence is com- posed. (Filed April 23, 2015) EXAMINATION RESULTS: Each mon in the immediate vicinity of the applicant whether passing or failing subject property. (Filed March 20, Violation Notice will be notified of the results of the 2015) Calendar No. 15-98: 3106 Searsdale examination as soon as the commis- These cases were postponed to Avenue (Ward 13) sion has graded the papers. There- allow for more time for community Bash Homes LLC., owner, appeals after, eligible lists will be estab- engagement. The original postponed under the authority of Section 76-6 lished which will consist of the date was June 1, 2015 but a repre- of the Charter of the City of Cleve- names of those candidates who have sentative from the Development land and Section 329.02(d) of the been successful in all parts of the Cleveland Codified Ordinances and examination. Corp. requested a change in date. disputes the Notice of Violation V15009112 issued on March 26, 2015 PHYSICAL EXAMINATION: All by the Cleveland Department of candidates for original entrance po- SCHEDULE OF THE BOARD Building and Housing for failure to sitions who are successful in other OF ZONING APPEALS comply with Sections 327.02 and parts of the examinations must sub- 327.99 of the Cleveland Codified mit to a physical examination. Ordinances regarding changing use TUESDAY, MAY 26, 2015 from a 2 family dwelling unit to a ROBERT BENNETT, 3 family dwelling without a permit. President 9:30 A.M. (Filed April 23, 2015)

SCHEDULE OF THE BOARD Calendar No. 15-76: 2491 West 5th Calendar No. 15-99: 4533 Warner Road (Ward 2) OF ZONING APPEALS Street (Ward 3) Anthony & Michelle Sileo, owners, Rightway Investments, owner, propose to erect a 22' x 40' 3 story proposes to erect a 6 foot tall chain link fence in the front and side yard frame single family residence with MONDAY, MAY 11, 2015 of a parcel located in a C1 Local attached garage on a parcel in a B1 Retail Business District. The owner 9:30 A.M. Two-Family Residential District. appeals for relief from the following The owner appeals for relief from section of the Cleveland Codified Calendar No. 15-79: 1425 Rockwell the following sections of the Cleve- Ordinances: Avenue (Ward 3) land Codified Ordinances: 1. Section 358.05 which states that Cleveland Tech Holdings, LLC., 1. Section 327.02(e) which states a six (6) foot high fence is not per- owner, proposes to erect an 8 foot that no portion of the Building shall mitted in the front yard and side tall fence in an E3 Semi-Industry encroach beyond required property street yard in a Local Retail Busi- District. The owner appeals from lines (including roof eaves and ness District. (Filed April 28, 2015) the strict application of Section foundation wall). 358.05 which states that an 8 foot 2. Section 349.05(a) which states POSTPONED FROM tall fence is not permitted in a Semi- that no off street parking space JANUARY 12, 2015 Industry District. (Filed April 21, shall be located within 10 feet of 2015) any wall with ground floor opening Violation Notice designed to provide light or venti- Calendar No. 14-243: 4960 Pearl Road lation (including rear garage door (Ward 13) SCHEDULE OF THE BOARD J.F. Glaze Cleveland, LLC, owner, opening). appeals under the authority of Sec- OF ZONING APPEALS 3. Section 349.07(a) which states tion 76-6 of the Charter of the City that accessory off-street parking of Cleveland and Section 329.02(d) spaces, driveways and maneuvering MONDAY, MAY 18, 2015 of the Cleveland Codified Ordi- areas shall be properly graded for nances and disputes the Notice of drainage. 9:30 A.M. Violation V14035928 issued on 4. Section 357.04(a) which states November 7, 2014 by the Cleveland that the required front yard setback Department of Building and Hous- POSTPONED FROM APRIL 20, 2015 is 22' and 20' are proposed. ing for failure to comply with Sec- 5. Section 357.09(2)(A) which tions 347.08(A) and 347.08 (C) of the Calendar No. 15-57: 3047 West 47th states that no building shall be Cleveland Codified Ordinances Street (Ward 3) erected less than 10' from main regarding locating trash and refuse Christopher Flynn, owner, propos- es to erect a four foot high chain building on an adjoining lot and 8' containers so that they are not vis- link fence in the front yard of a res- are proposed. ible from the street or from any lot idence in a B1 Two-Family Resi- 6. Section 357.09(2)(B) which designated for residential purposes, dential District. Per section states that the interior side yards the containers shall be screened 358.04(c)(1) in Residential Districts, required are 9' - 6" where 0' and 8' with an opaque fence not lower than only ornamental fences, shall be are proposed. the height of the refuse containers, installed in actual front yards and 7. Section 357.09(2)(B) which shall be placed on a concrete slab in actual side street yards if locat- states that the interior side yard and shall have locking latches that ed within four (4) feet of the side required for a front porch is 3' and must be locked at all times. (Filed December 2, 2014) street property line. The Board of 2' are proposed. (Filed April 16, First postponement made at the Zoning Appeals may, however, per- 2015) mit a chain link fence if the Board request of the appellant to allow for time for him to work with the Store- determines that such fence is com- Calendar No. 15-97: 16901 Grovewood mon in the immediate vicinity of the front Renovation Program. Avenue (Ward 8) subject property. (Filed March 20, Ron Bolden, owner, proposes to 2015) POSTPONED FROM APRIL 27, 2015 change use from a store to a church Calendar No. 15-58: 3051 West 47th in a B1 Two Family Residential Dis- Calendar No. 15-65: 5705 Ensign Street (Ward 3) trict. The owner appeals for relief Avenue (Ward 5) Christopher Flynn, owner, propos- from the following sections of the Carey Holdings Inc., owner, pro- es to erect a four foot high chain Cleveland Codified Ordinances: poses to use property for storage of link fence in the front yard of a 1. Section 337.03 which states that fill dirt on 5 parcels located in a C2 vacant lot in a B1 Two-Family Res- a church is required to be 15 feet Semi-Industry District. The owner idential District. Per section from any adjoining premises in a appeals for relief from the strict 358.04(c)(1) in Residential Districts, residence district not used for a sim- application of the following sections only ornamental fences, shall be ilar purpose by reference per Section of the Cleveland Codified Ordi- installed in actual front yards and 337.02(e). nances: in actual side street yards if locat- 2. Section 349.04(e) which states 1. Section 345.03 which states that ed within four (4) feet of the side that 6 parking spaces are required outdoor storage of dusty materials street property line. The Board of at the rate of one parking space per not listed as a permitted use. Said 647 26 The City Record May 6, 2015 use is first permitted in a General REPORT OF THE BOARD Calendar No. 15-59: 14608 Roxboro Industry District per Section OF ZONING APPEALS Avenue 345.04(a)(1)(B). Mark R. Bast, owner, proposes to 2. Section 358.05(A)(2) which erect a new master bedroom addi- states that fences in actual front tion to residence in an A1 One-Fam- yards and in side street yards shall MONDAY, MAY 4, 2015 ily Residential District. not exceed four feet in height. Fences in actual rear yards and in At the meeting of the Board of Calendar No. 15-60: 3322 Broadview actual interior side yards shall not Zoning Appeals on Monday, May 4, Road exceed six feet in height. An eight 2015 the following appeals were Apolonio Lumaban, owner, propos- foot high fence consisting of seven scheduled for hearing before the es to change use to Motor Vehicle feet and one foot of barbed wire Board. Service Garage for detailing of auto- with no setback is proposed. mobiles in a C2 Local Retail Busi- 3. Section 349.07(a) which states The following appeals were ness District. that all vehicle maneuvering areas APPROVED: shall be paved, and drained within the lot and no paving or grad Calendar No. 14-238: 1862 East 123rd The following appeal was shown. (Filed March 26, 2015) Street aka 1885 Coltman DENIED: Postponed at the request of the East 123rd Street Properties LTD., board in order to allow for more owner, proposes to erect two new Calendar No. 14-236: 3401 Denison time for community input. buildings to house 204 residential Avenue units, with 258 accessory off-street George Sevastos, owner, proposes to re-establish use as motor vehicle The following case has been post- parking spaces in a B2 Semi-Indus- sales in a C1 Multi-Family Residen- poned to July 20, 2015 at the request try District. tial District. of the appellant to allow for the ten- Calendar No. 15-64: 11125 Magnolia ant and owner to work out funding The following case was issues for the required fencing: Drive Cleveland Music School Settle- AFFIRMED (variance rights extended an additional 6 months): Calendar No. 14-215: 399 East 131st ment, owner, proposes to install a 30' x 40' temporary tent for various Street (Ward 10) Calendar No. 14-142: 3675 East 65th events that will occur from April Clement Kollin, owner, proposes Street – Elevate Gallery – 9th, 2015 to October 9, 2015. to store fill dirt on a parcel located affirmed to October 27, 2015. in a B3 Semi-Industry District. The Calendar No. 15-66: 1112 Kenilworth owner appeals for relief from the Secretary following Sections of the Cleveland Avenue Codified Ordinances: Kathleen Crowther, owner, pro- 1. Section 345.03 which states that poses to change use to tattooing and REPORT OF THE BOARD outdoor storage of dusty materials an art gallery in a C1 General Retail Business District. OF BUILDING STANDARDS is not permitted in a Semi-Industry District but as stated in Section AND BUILDING APPEALS The following appeals were 345.04(a)(1)(B) is first permitted in DENIED: a General Industrial District. 2. Section 345.04(a)(1)(C)(3) Re: Report of the Meeting of None which states that open yard storage April 29, 2015 requires a seven foot high, non- The following appeals were DIS- transparent fence. As required by the provisions of MISSED: 3. Section 349.07(a) which states Section 3103.20(2) of the Codified that all vehicle maneuvering areas Ordinances of the City of Cleveland, None. shall be paved, and drained within Ohio 1976, the following brief of the lot and no paving or drainage is action of the subject meeting is The following appeals were shown. (Filed October 31, 2014) given for publication in the City WITHDRAWN: First postponement made at the Record: request of the Board to allow for a None. community meeting to take place. * * * second postponement made at the The following cases were POST- request of the appellant to work on Docket A-22-15. PONED: revisions to the plan. third post- RE: Appeal of William Gardner, ponement made at the request of the Owner of the One Dwelling Unit Calendar No. 15-62: Murray Hill Part- appellant to work on revisions to Single-Family Residence One Story ners LLC the plan. fourth and final request to Frame Property, located on the 2187 Murray Hill Road. Post- premises known as 18082 Weston allow for the tenant and owner to poned to June 1, 2015. Road from a CONDEMNATION work out funding issues for the ORDER — MAIN STRUCTURE, required fencing. Calendar No. 15-63: Carolyn Bentley dated January 16, 2015 of the Direc- tor of the Department of Building The following case has been post- 2150 West 18th Street. Postponed to June 8, 2015. and Housing, requiring compliance poned to September 14, 2015 at the with the Codified Ordinances of the request of the appellant to allow for City of Cleveland and the Ohio more time for the easement agree- Calendar No. 15-67: Eric Poole 5405 Storer Avenue. Postponed to Building Code (OBC). ment with the city to be amended BE IT RESOLVED, a motion is in August 3, 2015. by legislation: order at this time to DENY the appeal request for additional time, The following cases were heard Calendar No. 15-003: 1460 East 9th and to REMAND the property to the and approved by the Board of Zon- Street (Ward 3) Department of Building and Hous- City of Cleveland, owner, and ing Appeals on Monday, April 27, ing for supervision and any required Hampton Inn, tenant proposes to 2015 and the decisions were adopted further action, noting that no work install a 5 foot high solid metal gate and approved on Monday, May 4, has been done. Motion so in order. in side street yard in an E5 Gener- 2015. Motioned by Mr. Bradley and sec- al Retail Business District. The ten- onded by Mr. Gallagher. ant applies for relief from the strict The following appeals were Yeas: Messrs. Denk, Gallagher, application of Section 358.05(a)(2) APPROVED: Saab, Bradley. Nays: None. Absent: of the Cleveland Codified Ordi- Mr. Maschke. nances which states a fence/gate in Calendar No. 15-35: 1455 West 29th the side street yard in a General Street * * * Retail Business District cannot Ohio City Firehouse, LLC., owner, exceed four feet in height and must proposes to change use of a build- Docket A-31-15. be at least 50% open above two feet ing located in a D2 Local Retail RE: Appeal of U.S. Bank, N.A. As in height. (Filed January 21, 2015) Business District from photo lab stu- Trustee, Trustee of the One Dwelling dio to mixed use, including resi- Unit Single-Family Residence Two & Secretary dences, flower shop and coffee shop. One/half Three-Family Residence 648 May 6, 2015 The City Record 27

Two & One/half Story Frame Prop- Codified Ordinances of the City of ORDER, dated March 10, 2015, of the erty, located on the premises known Cleveland and the Ohio Building Director of the Department of Build- as 2990 East 65th Street from a CON- Code (OBC). ing and Housing, requiring compli- DEMNATION ORDER — MAIN BE IT RESOLVED, a motion is in ance with the Codified Ordinances STRUCTURE, dated February 5, 2015 order at this time to grant the of the City of Cleveland and the of the Director of the Department of Appellant until August 1, 2015 to Ohio Building Code (OBC). Building and Housing, requiring com- complete abatement of the viola- No action this date, the docket is pliance with the Codified Ordinances tions; the property is REMANDED rescheduled for May 13, 2015. of the City of Cleveland and the Ohio at this time to the Department of Building Code (OBC). Building and Housing for supervi- * * * BE IT RESOLVED, a motion is in sion and any required further order at this time to grant the action. Motion so in order. Motioned Docket A-56-15. Appellant until May 15, 2015 to by Mr. Gallagher and seconded by RE: Appeal of John & Shannon obtain all required permits and until Mr. Bradley. Spalek, Owner of the Residential August 1, 2015 to complete abate- Yeas: Messrs. Denk, Gallagher, Property, located on the premises ment of the violations; the property Saab, Bradley. Nays: None. Absent: known as 4521 Burger Avenue from is REMANDED at this time to the Mr. Maschke. an ADJUDICATION ORDER, dated Department of Building and Hous- March 27, 2015, of the Director of the ing for supervision and any required * * * Department of Building and Hous- further action. Motion so in order. ing, requiring compliance with the Motioned by Mr. Saab and seconded Docket A-39-15. Codified Ordinances of the City of by Mr. Maschke. RE: Appeal of Wells Fargo Bank, Cleveland and the Ohio Building Yeas: Messrs. Denk, Gallagher, N.A., Owner of the One Dwelling Code (OBC). Saab, Bradley. Nays: None. Absent: Unit Single-Family Residence Two BE IT RESOLVED, a motion is in Mr. Maschke. Story Frame Property and One Story order at this time to grant the vari- Garage – Detached; Wood Frame ance to the ten (10) feet require- * * * Property, located on the premises ment and permit the pool to be known as 3344 East 128th Street erected as proposed, noting that the Docket A-35-15. from a CONDEMNATION ORDER — existing six (6) foot fence must be RE: Appeal of Ronald Morris, MAIN STRUCTURE & GARAGE, maintained, and that if that fence is Owner of the One Dwelling Unit Sin- dated February 26, 2015, of the removed by the neighbor, this owner gle-Family Residence Two Story Director of the Department of Build- must erect a replacement fence to be Wood Frame/Siding/Masonry Veneer ing and Housing, requiring compli- maintained and preserved for the Property, located on the premises ance with the Codified Ordinances use of the pool; the property is known as 11413 Melba Avenue from of the City of Cleveland and the REMANDED at this time to the a CONDEMNATION ORDER — MAIN Ohio Building Code (OBC). Department of Building and Hous- STRUCTURE & GARAGE, dated Feb- BE IT RESOLVED, a motion is in ing for supervision and any required ruary 27, 2015 of the Director of the order at this time to grant the further action. Motion so in order. Department of Building and Housing, Appellant until May 15, 2015 in Motioned by Mr. Bradley and sec- requiring compliance with the Codi- which to obtain all required demoli- onded by Mr. Saab. fied Ordinances of the City of Cleve- tion permits and to repay the City Yeas: Messrs. Denk, Gallagher, land and the Ohio Building Code for the board-up expenses already Saab, Bradley. Nays: None. Absent: (OBC). incurred, and until June 15, 2015 to Mr. Maschke. Docket A-35-15 has been POST- complete demolition of the property; PONED; to be rescheduled for May the property is REMANDED at this * * * 27, 2015. time to the Department of Building and Housing for supervision and AMENDED RESOLUTION: * * * any required further action. Motion so in order. Motioned by Mr. Bradley Docket A-29-15. Docket A-36-15. and seconded by Mr. Gallagher. Birlus Wordlaw – 11508 Superior RE: Appeal of Donald Kuhar, Yeas: Messrs. Denk, Gallagher, Avenue: Owner of the Two Dwelling Units Saab, Bradley. Nays: None. Absent: FROM:….DENY the appeal request Two-Family Residence Two Story Mr. Maschke. for additional time, noting that the Frame Property, located on the existing conditions of the property, premises known as 10617 Bernard * * * no work has been done, and the Avenue from a NOTICE OF VIOLA- Appellant is not present for the TION — INTERIOR/EXTERIOR Docket A-41-15. hearing; the property is REMAND- MAINTENANCE, dated February 17, RE: Appeal of Halloran West LLC, ED at this time to the Department 2015 of the Director of the Depart- Owner of the Two Dwelling Units ment of Building and Housing, of Building and Housing for super- requiring compliance with the Codi- Two-Family Residence Two Story vision and any required further fied Ordinances of the City of Cleve- Frame Property, located on the action. land and the Ohio Building Code premises known as 3250 West 114th TO:.…grant the Appellant until (OBC). Street from a NOTICE OF VIOLA- May 15, 2015 in which to obtain all BE IT RESOLVED, a motion is in TION — EXTERIOR MAINTE- required permits and until July 1, order at this time to grant the NANCE, dated March 2, 2015, of the 2015 to complete abatement of all Appellant until September 1, 2015 to Director of the Department of Build- violations on the property, noting complete abatement of all violations ing and Housing, requiring compli- that failure to meet any of the on the property; the property is ance with the Codified Ordinances granted dates, will result in the REMANDED at this time to the of the City of Cleveland and the property being REMANDED imme- Department of Building and Hous- Ohio Building Code (OBC). diately; the property is REMANDED ing for supervision and any required BE IT RESOLVED, a motion is in at this time to the Department of further action. Motion so in order. order at this time to grant the Building and Housing for supervi- Motioned by Mr. Bradley and sec- Appellant until July 15, 2015 to com- sion and any required further onded by Mr. Saab. plete abatement of the violations; action... Yeas: Messrs. Denk, Gallagher, the property is REMANDED at this Yeas: Messrs. Denk, Gallagher, Saab, Bradley. Nays: None. Absent: time to the Department of Building Saab, Bradley. Nays: None. Absent: Mr. Maschke. and Housing for supervision and Mr. Maschke. any required further action. Motion * * * so in order. Motioned by Mr. Gal- * * * lagher and seconded by Mr. Saab. Docket A-38-15. Yeas: Messrs. Denk, Gallagher, APPROVAL OF RESOLUTIONS: RE: Appeal of Carol Sakac, Owner Saab, Bradley. Nays: None. Absent: of the Two Dwelling Units Two- Mr. Maschke. Separate motions were entered by Family Residence Two Story Frame Mr. Saab and seconded by Mr. Property, located on the premises * * * Bradley for Approval and Adoption known as 3211 West 112th Street of the Resolutions as presented by from a NOTICE OF VIOLATION — Docket A-47-15. the Secretary for the following EXTERIOR MAINTENANCE, dated RE: Appeal of 2516 Corp., Owner Dockets respectively, subject to the March 2, 2015 of the Director of the of the Property, located on the Codified Ordinances of the City of Department of Building and Hous- premises known as 2516 Market Cleveland and the Ohio Building ing, requiring compliance with the Avenue from an ADJUDICATION Code (OBC): 649 28 The City Record May 6, 2015

A-24-15 — Chantell Mims-Penland NOTICE OF PUBLIC HEARING the office of the said commissioner A-26-15 — Levander Malone ______previous to 12:00 noon (Eastern A-27-15 — Brauhaus Cleveland Standard Time) on the date speci- LLC Notice of Public Hearing fied in the schedule. A-28-15 — Kirby Ave. Property, By the Council Committee 187.10 Negotiated contracts; Notice Inc. On Development, Planning required in Advertisement for Bids. A-29-15 — Birlus Wordlaw and Sustainability (AMENDED) Where invitations for bids are advertised, the following notice A-30-15 — Donna & Danielle Mercedes Cotner Haldeman Committee Room 217 shall be included in the advertise- A-33-15 — Robshir Property City Hall, Cleveland, Ohio ment: “Pursuant to the MBE/FBE A-34-15 — Mic-Ray Metal Products, On Tuesday, May 12, 2015 Code, each prime bidder, each minor- Inc. 9:30 a.m. ity business enterprise (“MBE”) and each female business enterprise Yeas: Messrs. Denk, Gallagher, Notice is hereby given to all inter- (“FBE”) must be certified before Saab, Bradley. Nays: None. Absent: ested property owners that the doing business with the City. There- Mr. Maschke. Council Committee on Development, fore, any prime contractor wishing Planning and Sustainability will to receive credit for using an MBE * * * hold a public hearing in the Mer- cedes Cotner Committee Room 217, or FBE should ensure that applica- APPROVAL OF MINUTES: City Hall, Cleveland, Ohio, on Tues- tions for certification as to MBE or day, May 12, 2015, at 9:30 a.m., to FBE status compliance with the Separate motions were entered by consider the following ordinances Code, affirmative action in employ- Mr. Gallagher and seconded by Mr. now pending in the Council: ment and, if applicable, joint ven- Bradley Approval and Adoption of ture status, are submitted to the of - the Minutes as presented by the Sec- Ord. No. 249-15. fice of Equal Opportunity (“OEO”) By Council Member Keane. retary, subject to the Codified Ordi- prior to the date of bid opening or An ordinance changing the Use, nances of the City of Cleveland and submission of proposals or as speci - the Ohio Building Code (OBC): Area and Height Districts of lands on the southeast corner of Lorain fied by the Director. Failure to com- ply with the business enterprise April 15, 2015 Avenue and West 150th from GR-C1 to Local Retail Business, a ‘G Area code or with representations made District and a ‘2’ Height District Yeas: Messrs. Denk, Gallagher, on these forms may result in can- (Map Change No. 2505). Saab, Bradley. Nays: None. Absent: cellation of the contract or other Mr. Maschke. civil or criminal penalties.” Ord. No. 457-15. By Council Member Zone. FRIDAY, MAY 15, 2015 * * * An ordinance changing the Use, Area and Height Districts of lands JOSEPH F. DENK File No. 54-15 — Rehabilitation of on the northeast corner of Madison MLK, Jr. BLVD Bridge 50.28 (2- Chairman Avenue and West 117th Street from 1) & 50.30 (3-1) Over Doan Brook LR-B3 and RO-C2 to Residence (Re-Bid), for the Division of Office, a ‘E’ Area District and a ‘3’ Engineering and Construction, Height District (Map Change No. Mayor’s Office of Capital Pro- 2508). PUBLIC NOTICE jects, as authorized by Ordinance Ord. No. 458-15. No. 730-13, passed by the Council – TAXICABS– By Council Member Zone. of the City of Cleveland, May 20, NOTICE OF RATES OF FARE An ordinance changing the exist- 2013. ADJUSTMENT DUE TO COST OF ing mapped setback of lands on the *THERE WILL BE A NON- GASOLINE northeast corner of Madison Avenue REFUNDABLE FEE FOR PLANS and West 117th Street from 5' to a AND SPECIFICATIONS IN THE 0' mapped setback (Map Change No. AMOUNT OF TWENTY FIVE Dedrick C. Stephens, Commissioner 2509). DOLLARS ($25.00) ONLY IN THE Division of Assessments and FORM OF A CASHIER’S CHECK Licenses All interested persons are urged OR A MONEY ORDER (NO COM- to be present or to be represented at PANY CHECKS, NO CASH AND As of the first Moanday of May, the above time and place. NO CREDIT CARDS WILL BE 2015, and one month prior thereto, ACCEPTED TO PURCHASE the price per gallon for regular Anthony Brancatelli, Chair PLANS). unleaded gasoline for the Cleveland- Committee on Development, THERE WILL BE A NON-MANDA- Lorain-Elyria Metro Area as pub- Planning and Sustainability TORY PRE-BID MEETING lished by the Automobile Associa- THURSDAY, MAY 7, 2015 AT tion of America’s State-by-State Fuel 10:00 A.M. CLEVELAND CITY April 29, 2015 and May 6, 2015 Price Average Report is less than HALL, ROOM 518, 601 LAKESIDE $3.00 per gallon. Therefore, pur- AVENUE, CLEVELAND, OHIO suant to CO §443.261(b), the increase 44114. of $1.00 to the rates of fare set forth *Bidders must purchase plans and in CO §443.26 authorized and pub- CITY OF CLEVELAND BIDS specifications directly from the lished hereto on June 1, 2011, is office of the Commissioner of hereby repealed and shall take Purchases and Supplies. Only reg- effect thirty (30) days from the pub- istered Plan Holders will receive lication of this notice. Pursuant to For All Departments Addenda. Bids cannot be accept- CO §443.261(c), each change in the ed from Bidders who only pur- fare amount shall be applied to the Sealed bids will be received at the chase plans from other entities meter. A representative of the office of the Commissioner of Pur- such as Plan Rooms and/or who Bureau of Weights and Measure chases and Supplies, Room 128, City fail to register to be on the City must remove the current security Hall, in accordance with the append- of Cleveland Plan Holders List. seal affixed to each taxicab meter ed schedule, and will be opened and prior to the fare being changed on read in Room 128, City Hall, imme- File No. 56-15 — Criminal and Civil the meter. diately thereafter. Filing System, for the Cleveland Each bid must be made in accor- Municipal Court, Department of Finance, as authorized by Section Dedrick C. Stephens dance with the specifications and 181.101 of the Codified Ordinances Commissioner must be submitted on the blanks Division of Assessments and of Cleveland, Ohio, 1976. supplied for the purpose, all of Licenses THERE WILL BE A NON-MANDA- which may be obtained at the office _____ TORY PRE-BID MEETING FRI- of the said Commissioner of Pur- DAY, MAY 8, 2015 AT 10:30 A.M. May 6, 2015, May 13, 2015, May 20, chases and Supplies, but no bid will CLEVELAND MUNICIPAL 2015, May 27, 2015 and June 3, 2015 be considered unless delivered to CLERK OF COURTS, JUSTICE 650 May 6, 2015 The City Record 29

CENTER, LEVEL 2, 1200 A.M. THE CLEVELAND CITY a municipal department; now, there- ONTARIO ST., CLEVELAND, HALL, DIVISION OF PURCHAS- fore, OHIO 44114. ES AND SUPPLIES, ROOM 128, Be it resolved by the Council of 601 LAKESIDE AVENUE, the City of Cleveland: CLEVELAND, OHIO 44114. Section 1. That objection to the April 29, 2015 and May 6, 2015 renewal of a D5 and D6 Liquor Permit to Club Center Lounge, Inc., DBA Xec- WEDNESDAY, MAY 20, 2015 April 29, 2015 and May 6, 2015 utive Lounge, 1222 Prospect Avenue, 1st floor and basement, Cleveland, File No. 58-15 — Capital Mainte- ADOPTED RESOLUTIONS Ohio 44115, Permanent Number nance and Repair of City Facili- AND ORDINANCES 15721860001, be and the same is here- ties, for the Division of Property by withdrawn and Resolution No. Management, Department of Pub- 1018-14, containing such objection, be lic Works, as authorized by Sec- Res. No. 494-15. and the same is hereby repealed and tion 131.67 of the Codified Ordi- By Council Member Brancatelli. that this Council consents to the nances of Cleveland, Ohio, 1976. An emergency resolution with- immediate permit thereof. THERE WILL BE A NON-MANDA- drawing objection to the renewal of a Section 2. That this resolution is TORY PRE-BID MEETING MON- D5 Liquor Permit at 5612 Harvard hereby declared to be an emergency DAY, MAY 11, 2015 AT 11:00 A.M. Avenue, 1st floor and basement and measure and provided it receives the THE , repealing Resolution No. 909-13, affirmative vote of two-thirds of all DIVISION OF PROPERTY MAN- objecting to said renewal. the members elected to Council, it AGEMENT, 4150 EAST 49TH, Whereas, this Council objected to shall take effect and be in force imme- BLDG. 2, 2ND FLOOR, NEW- the renewal of a D5 Liquor Permit diately upon its adoption and BURGH HEIGHTS, OHIO 44105. to American Nightlife Magazine, approval by the Mayor; otherwise, it Inc., 5612 Harvard Avenue, 1st floor shall take effect and be in force from and basement, Cleveland, Ohio 44105, April 29, 2015 and May 6, 2015 and after the earliest period allowed Permanent Number 0164864 by Res- by law. olution No. 909-13, adopted by the Adopted April 27, 2015. FRIDAY, MAY 22, 2015 Council on July 10, 2013; and Effective April 28, 2015. Whereas, this Council wishes to File No. 55-15 — Centralized withdraw its objection to the above Checked Baggage Inspection Sys- permit and consents to said permit; tem WBS No A1-A230-3 (Re-bid), and Res. No. 496-15. for the Division of Cleveland Whereas, this resolution consti- Hopkins International Airport, tutes an emergency measure provid- By Council Member Cummins. Department of Port Control, as ing for the usual daily operation of An emergency resolution objecting authorized by Ordinance No. 220- a municipal department; now, there- to a New C2 Liquor Permit at 3474 15, passed by the Council of the fore, West 25th Street. City of Cleveland, Pending. Be it resolved by the Council of Whereas, Council has been noti- *THERE WILL BE A NON- the City of Cleveland: fied by of an the Division of Liquor REFUNDABLE FEE FOR PLANS Section 1. That objection to the Control application for a New C2 AND SPECIFICATIONS IN THE renewal of a D5 Liquor Permit to Liquor Permit at West 25th Gas & AMOUNT OF ONE HUNDRED American Nightlife Magazine, Inc., Go, Inc., 3474 West 25th Street, DOLLARS ($100.00) ONLY IN 5612 Harvard Avenue, 1st floor and Cleveland, Ohio 44109, Permanent Number 9526240; and THE FORM OF A CASHIER’S basement, Cleveland, Ohio 44105, Per- Whereas, the granting of this CHECK OR A MONEY ORDER manent Number 0164864, be and the application for a liquor permit to (NO COMPANY CHECKS, NO same is hereby withdrawn and Reso- this high crime area, which is CASH AND NO CREDIT CARDS lution No. 909-13, containing such already saturated with other liquor WILL BE ACCEPTED TO PUR- objection, be and the same is hereby outlets, is contrary to the best inter- CHASE PLANS). repealed and that this Council con- ests of the entire community; and THERE WILL BE A NON-MANDA- sents to the immediate permit thereof. Whereas, the applicant does not TORY PRE-BID MEETING Section 2. That this resolution is qualify to be a permit holder and/or THURSDAY, MAY 7, 2015 AT 1:00 hereby declared to be an emergency measure and provided it receives the has demonstrated that he has oper- P.M. THE DEPARTMENT OF affirmative vote of two-thirds of all ated his liquor business in disregard PORT CONTROL, CLEVELAND the members elected to Council, it of the laws, regulations or local HOPKINS INTERNATIONAL shall take effect and be in force imme- ordinances of this state or any other AIRPORT, FEDERAL SERVICE diately upon its adoption and state; and STATION BUILDING, DPC PLAN- approval by the Mayor; otherwise, it Whereas, the place for which the NING AND ENGINEERING, CON- shall take effect and be in force from permit is sought has not conformed FERENCE ROOM 6C-24C, 5301 and after the earliest period allowed to the building, safety or health WEST HANGAR ROAD, CLEVE- by law. requirements of the governing body LAND, OHIO 44135. Adopted April 27, 2015. of this County or City; and *Bidders must purchase plans and Effective April 28, 2015. Whereas, the place for which the specifications directly from the permit is sought is so arranged or office of the Commissioner of constructed that law enforcement Purchases and Supplies. Only reg- officers or agents of the Division of istered Plan Holders will receive Res. No. 495-15. Liquor Control are prevented rea- Addenda. Bids cannot be accept- By Council Member Cimperman. sonable access to the establishment; ed from Bidders who only pur- An emergency resolution with- and chase plans from other entities drawing objection to the renewal of a Whereas, the place for which the such as Plan Rooms and/or who D5 and D6 Liquor Permit at 1222 permit is sought is so located with fail to register to be on the City Prospect Avenue, 1st floor and base- respect to the neighborhood that it of Cleveland Plan Holders List. ment and repealing Resolution No. 1018-14, objecting to said renewal. substantially interferes with public Whereas, this Council objected to decency, sobriety, peace or good April 29, 2015 and May 6, 2015 the renewal of a D5 and D6 Liquor order; and Permit to Club Center Lounge, Inc., Whereas, this objection is based WEDNESDAY, MAY 27, 2015 DBA Xecutive Lounge, 1222 Prospect on other legal grounds as set forth Avenue, 1st floor and basement, in Revised Code Section 4303.292; File No. 57-15 — 2015-2018 Depart- Cleveland, Ohio 44115, Permanent and ment of Finance Citywide Sales Number 15721860001 by Resolution Whereas, this resolution consti- of Scrap Metal Materials (Re- No. 1018-14, adopted by the Council tutes an emergency measure provid- bid), for the various Divisions of on August 20, 2014; and ing for the immediate preservation City Government, Department of Whereas, this Council wishes to of the public peace, prosperity, safe- Finance, as authorized by Section withdraw its objection to the above ty and welfare pursuant to Section 181.18 of the Codified Ordinances permit and consents to said permit; 4303.26 of the Ohio Revised Code. of Cleveland, Ohio, 1976. and Council’s objection to said permit THERE WILL BE A NON-MANDA- Whereas, this resolution consti- must be received by the Superinten- TORY PRE-BID MEETING tutes an emergency measure provid- dent of Liquor Control within 30 TUESDAY, MAY 12, 2015 AT 11:00 ing for the usual daily operation of days of notification; now, therefore, 651 30 The City Record May 6, 2015

Be it resolved by the Council of Ord. No. 194-15. Ord. No. 221-15. the City of Cleveland: By Council Members Keane and By Council Members Keane and Section 1. That Council does hereby Kelley (by departmental request). Kelley (by departmental request). record its objection to a New C2 An emergency ordinance authoriz- An emergency ordinance determin- Liquor Permit at West 25th Gas & Go, ing the Director of Port Control to ing the method of making the public Inc., 3474 West 25th Street, Cleveland, lease certain warehouses located at improvement of installing or con- Ohio 44109, Permanent Number City Docks 30 and 32 to various com- structing a storage structure for 9526240; and requests the Superinten- panies for the purposes that may equipment at Cleveland Hopkins dent of Liquor Control to set a hearing include storage, movie staging, con- International Airport; authorizing for said application in accordance struction staging, and special events, the Director of Port Control to enter with provisions of Section 4303.26 of for a term of two years, with two one- into one or more public improvement the Revised Code of Ohio. year options to renew, the first of contracts to construct the improve- Section 2. That the Clerk of Council which shall require additional leg- ment; and authorizing the director to be and she is hereby directed to trans- islative authority. employ one or more professional con- mit two certified copies of this resolu- Whereas, the City of Cleveland sultants necessary to design the tion, together with two copies of a let- owns certain warehouses known as improvement. ter of objection and two copies of a City Docks 30 and 32, which are not Whereas, this ordinance constitutes letter requesting that the hearing be needed for the City’s public use; and an emergency measure providing for held in Cleveland, Cuyahoga County. Whereas, various companies have the usual daily operation of a munici- pal department; now, therefore, Section 3. That this resolution is proposed to lease the property from Be it ordained by the Council of the hereby declared to be an emergency the City; and City of Cleveland: measure and, provided it receives the Whereas, this ordinance constitutes Section 1. That, under Section 167 of affirmative vote of two-thirds of all an emergency measure providing for the Charter of the City of Cleveland, the members elected to Council, it the usual daily operation of a munici- this Council determines to make the shall take effect and be in force imme- pal department; now, therefore, Be it ordained by the Council of the public improvement of installing or diately upon its adoption and constructing a storage structure for approval by the Mayor; otherwise, it City of Cleveland: Section 1. That notwithstanding equipment at Cleveland Hopkins shall take effect and be in force from International Airport (the “Improve- and after the earliest period allowed and as an exception to the provisions of Chapters 181 and 183 of the Codi- ment”), for the Division of Cleveland by law. Hopkins International Airport, Adopted April 27, 2015. fied Ordinances of Cleveland, Ohio, 1976, the Director of Port Control is Department of Port Control, by one or Effective April 28, 2015. authorized to lease to various compa- more contracts duly let to the lowest nies (“Lessees”), certain warehouses responsible bidder or bidders after known as City Docks 30 and 32, which competitive bidding on a unit basis are not needed for the City’s public for the Improvement. Res. No. 497-15. use and is more fully depicted in the Section 2. That the Director of Port By Council Member Kelley. map placed in File No. 194-15-A. Control is authorized to enter into one An emergency resolution with- Section 2. That the term of the lease or more contracts for the making of drawing objection to the transfer of or leases authorized by this ordinance the Improvement with the lowest ownership of a C1 and C2 Liquor Per- shall not exceed two years, with two responsible bidder or bidders after mit at 5741 Memphis Avenue and one-year options to renew. The first of competitive bidding on a unit basis repealing Resolution No. 116-15 for the Improvement, provided, how- the one-year option to renew may not objecting to said permit. ever, that each separate trade and be exercised without additional leg- Whereas, this Council objected to each distinct component part of the islative authority. If such additional a transfer of ownership of a C1 and Improvement may be treated as a sep- legislative authority is granted and C2 Liquor Permit to Brahamani arate improvement, and each, or any the first of the one-year options to Food, LLC, DBA Convenient Food combination, of the trades or compo- renew is exercised, then the second of Mart, #3053, 5741 Memphis Avenue, nents may be the subject of a separate the one-year options to renew may be Cleveland, Ohio 44114, Permanent contract on a unit basis. exercised at the option of the Director Number 0909290 by Resolution No. Section 3. That the Director of Port of Port Control, without the necessity 116-15 adopted by the Council on Control is authorized to apply and pay of obtaining additional authority of February 2, 2015; and for permits, licenses, or other autho- this Council. The Director of Port Con- Whereas, this Council wishes to rizations required by any regulatory trol may terminate any lease entered withdraw its objection to the above agency or public authority to permit into under this ordinance by giving a permit and consents to said permit; performance of the work authorized thirty-day notice to the Lessees. and by this ordinance. Section 3. That the spaces autho- Whereas, this resolution consti- Section 4. That the Director of Port rized by this ordinance shall be tutes an emergency measure provid- Control is authorized to employ by leased at fair market value as deter- ing for the usual daily operation of contract or contracts one or more con- mined by the Board of Control, exclu- sultants or one or more firms of con- a municipal department; now, there- sive of utilities. fore, sultants for the purpose of supple- Section 4. That the lease or leases menting the regularly employed staff Be it resolved by the Council of may authorize the Lessees to make the City of Cleveland: of the several departments of the City improvements to the leased premises of Cleveland in order to provide pro- Section 1. That objection to the subject to the approval of appropriate fessional services necessary to design transfer of ownership of a C1 and C2 City agencies and officials. the Improvement. Liquor Permit to Brahamani Food, Section 5. That the lease or leases The selection of the consultants for LLC, DBA Convenient Food Mart, shall be prepared by the Director of the services shall be made by the #3053, 5741 Memphis Avenue, Cleve- Law. Board of Control on the nomination of land, Ohio 44114, Permanent Number Section 6. That the Director of Port the Director of Port Control from a 0909290, be and the same is hereby Control, the Director of Law, and list of qualified consultants available withdrawn and Resolution No. 116-15, other appropriate City officials are for employment as may be determined containing such objection, be and the authorized to execute any other docu- after a full and complete canvass by same is hereby repealed and that this ments and certificates, and take any the Director of Port Control for the Council consents to the immediate other actions which may be necessary purpose of compiling a list. The com- permit thereof. or appropriate to effect the lease or pensation to be paid for the services Section 2. That this resolution is leases authorized by this ordinance. shall be fixed by the Board of Control. hereby declared to be an emergency Section 7. That this ordinance is The contract or contracts authorized measure and provided it receives the declared to be an emergency measure shall be prepared by the Director of affirmative vote of two-thirds of all and, provided it receives the affirma- Law, approved by the Director of Port the members elected to Council, it tive vote of two-thirds of all the mem- Control, and certified by the Director shall take effect and be in force imme- bers elected to Council, it shall take of Finance. diately upon its adoption and effect and be in force immediately Section 5. That the cost of the con- approval by the Mayor; otherwise, it upon its passage and approval by the tracts and other expenditures autho- shall take effect and be in force from Mayor; otherwise it shall take effect rized shall be paid from Fund Nos. 60 and after the earliest period allowed and be in force from and after the ear- SF 001, 60 SF 104, 60 SF 106, 60 SF 112, by law. liest period allowed by law. 60 SF 114, 60 SF 115, 60 SF 116, 60 SF Adopted April 27, 2015. Passed April 27, 2015. 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 Effective April 28, 2015. Effective April 28, 2015. SF 126, 60 SF 128, 60 SF 130, 60 SF 141, 652 May 6, 2015 The City Record 31

60 SF 160, and from the fund or funds any future bond proceeds, if autho- or any combination of the items as the to which are credited any grant pro- rized for this purpose, and shall be Board of Control determines. Alter- ceeds accepted for this purpose of fed- charged against the proper appropria- nate bids for a period less than the eral passenger facility charges, if tion accounts and the Director of specified term may be taken if authorized for this purpose, Request Finance shall certify the amount of desired by the Commissioner of Pur- No. RQS 3001, RL 2015-31. any purchase under the contract, each chases and Supplies until provision is Section 6. That this ordinance is of which purchases shall be made on made for the requirements for the declared to be an emergency measure order of the Commissioner of Purchas- entire term. and, provided it receives the affirma- es and Supplies by a delivery order Section 2. That the costs of the con- tive vote of two-thirds of all the mem- issued against the contract or con- tract or contracts shall be charged bers elected to Council, it shall take tracts and certified by the Director of against the proper appropriation effect and be in force immediately Finance. (RQN 3001, RL 2015-12) accounts and the Director of Finance upon its passage and approval by the Section 3. That under Section 108(b) shall certify the amount of any pur- Mayor; otherwise it shall take effect of the Charter, the purchases autho- chase under the contract, each of and be in force from and after the ear- rized by this ordinance may be made which purchases shall be made on liest period allowed by law. through cooperative arrangements order of the Commissioner of Pur- Passed April 27, 2015. with other governmental agencies. chases and Supplies by a delivery Effective April 28, 2015. The Director of Port Control may sign order issued against the contract or all documents that are necessary to contracts and certified by the Direc- make the purchases, and may enter tor of Finance. (RQN 3001, RL 2015-14) into one or more contracts with the Section 3. That under Section 108(b) Ord. No. 225-15. vendors selected through that cooper- of the Charter, the purchases autho- By Council Members Keane and ative process. rized by this ordinance may be made Kelley (by departmental request). Section 4. That this ordinance is through cooperative arrangements An emergency ordinance authoriz- declared to be an emergency measure with other governmental agencies. ing the purchase by one or more and, provided it receives the affirma- The Director of Port Control may sign requirement contracts of various tive vote of two-thirds of all the mem- all documents that are necessary to types of parts necessary to repair and bers elected to Council, it shall take make the purchases, and may enter maintain vehicles, trucks, and vari- effect and be in force immediately into one or more contracts with the ous types of equipment, including upon its passage and approval by the vendors selected through that cooper- labor and installation, if necessary, Mayor; otherwise it shall take effect ative process. for the Divisions of Cleveland Hop- and be in force from and after the ear- Section 4. That this ordinance is kins International Airport and Burke liest period allowed by law. declared to be an emergency measure Passed April 27, 2015. Lakefront Airport, Department of and, provided it receives the affirma- Effective April 28, 2015. Port Control, for a term of two years, tive vote of two-thirds of all the mem- with two one-year options to renew, bers elected to Council, it shall take the first of which shall require addi- effect and be in force immediately tional legislative authority. upon its passage and approval by the Ord. No. 269-15. Whereas, this ordinance constitutes Mayor; otherwise it shall take effect By Council Members Keane and an emergency measure providing for and be in force from and after the ear- Kelley (by departmental request). liest period allowed by law. the usual daily operation of a munici- An emergency ordinance authoriz- pal department; now, therefore, Passed April 27, 2015. ing the purchase by one or more Effective April 28, 2015. Be it ordained by the Council of the requirement contracts of labor and City of Cleveland: materials necessary for painting and Section 1. That the Director of Port paint removal on roadways, runways Control is authorized to make one or and other paved surfaces, for the var- more written requirement contracts Ord. No. 351-15. ious divisions of the Department of By Council Members Brancatelli under the Charter and the Codified Port Control, for a period of two years Ordinances of Cleveland, Ohio, 1976, and Kelley (by departmental with two one-year options to renew, request). for the requirements for a term of two the first of which is exercisable years, with two one-year options to An emergency ordinance authoriz- through additional legislative author- ing the Director of City Planning to renew, of the necessary items of vari- ity. apply for and accept one or more ous types of parts necessary to repair Whereas, this ordinance constitutes grants from the Northeast Ohio Area and maintain vehicles, trucks, and an emergency measure providing for Coordinating Agency through the various types of equipment, including the usual daily operation of a munici- Ohio Department of Transportation labor and installation, if necessary, in pal department; now, therefore, for the 2015 Transportation for Liv- the approximate amount as pur- Be it ordained by the Council of the able Communities Initiative; autho- chased during the preceding term, to City of Cleveland: rizing the Director to enter into one or be purchased by the Commissioner of Section 1. That the Director of Port more agreements, including a multi- Purchases and Supplies on a unit Control is authorized to make one or basis for the Divisions of Cleveland more written requirement contracts party agreement, professional ser- Hopkins International Airport and under the Charter and the Codified vices contracts, and other agreements Burke Lakefront Airport, Department Ordinances of Cleveland, Ohio, 1976, needed to implement this ordinance. of Port Control. The first of the one- for the requirements for a period up to Whereas, the Ohio Department of year options to renew may not be two years, with two one-year options Transportation (“ODOT”) has provid- exercised without additional legisla- to renew, for the necessary items of ed funds to the Northeast Ohio Area tive authority. If such additional leg- labor and materials necessary for Coordinating Agency (“NOACA”) to islative authority is granted and the painting and paint removal on road- distribute to local government agen- first of the one-year options to renew ways, runways and other paved sur- cies for transportation projects; and is exercised, then the second of the faces in the approximate amount as Whereas, the City of Cleveland has one-year options to renew may be purchased during the preceding term, been awarded funds for a Multi-Modal exercisable at the option of the Direc- purchased by the Commissioner of Facility Project, a Midway Cycle tor of Port Control, without the neces- Purchases and Supplies on a unit Track and Protected Bike Facility sity of obtaining additional authority basis for the various divisions of the Project, and the East 79th Street Cor- of this Council. Bids shall be taken in Department of Port Control. The first ridor Project; and a manner that permits an award to be of the one-year options to renew may Whereas, a tri-party agreement is made for all items as a single con- not be exercised without additional necessary between ODOT, NOACA tract, or by separate contract for each legislative authority. If such addi- and the City to implement the three or any combination of the items as the tional legislative authority is granted projects and to establish funding pro- Board of Control determines. Alter- and the first of the one-year options to cedures; and nate bids for a period less than the renew is exercised, then the second of Whereas, in addition to the tri-party specified term may be taken if the one-year options to renew may be agreement, the City will also enter desired by the Commissioner of Pur- exercisable at the option of the Direc- into agreements with various public chases and Supplies until provision is tor of Port Control, without the neces- and private entities to implement the made for the requirements for the sity of obtaining additional authority three projects; and entire term. of this Council. Bids shall be taken in Whereas, this ordinance constitutes Section 2. That the costs of the con- a manner that permits an award to be an emergency measure providing for tract or contracts shall be paid from made for all items as a single con- the usual daily operation of a munici- the fund or funds to which are credited tract, or by separate contract for each pal department; now, therefore, 653 32 The City Record May 6, 2015

Be it ordained by the Council of the Section 6. That the Director of City Ord. No. 400-15. City of Cleveland: Planning is authorized to enter into By Council Members Keane and Kel- Section 1. That the Director of City any agreements necessary to imple- ley (by departmental request). Planning is authorized to apply for ment this ordinance. An emergency ordinance to amend and accept one or more grants in an Section 7. That the cost of contract Sections 1 and 7 of Ordinance No. 1587- amount not to exceed $285,000 from the or contracts authorized shall be paid 09, passed November 30, 2009, relating Northeast Ohio Area Coordinating from the fund or funds which are cred- to the public improvement of rehabili- Agency (“NOACA”) to implement the ited the grant proceeds accepted under tating the exterior terminal building following projects under the 2015 this ordinance, the City’s cash match facade at Cleveland Hopkins Interna- Transportation for Livable Communi- in the amount up to $34,500 which is tional Airport; and to supplement the ties Initiative: Multi-Modal Facility payable from Fund Nos. 20 SF 520, 20 ordinance by adding new Section 6a. Project, a Midway Cycle Track and SF 528, 20 SF 534, 20 SF 540, 20 SF 546, authorizing the director to accept the Protected Bike Facility Project, and 20 SF 554, 20 SF 563, and any funds gift of funds from the Rental Car Con- the East 79th Street Corridor Project approved by the Director of Finance, sortium for the purpose of construct- (the “2015 TLCI Projects”). That the including future bond funds if issued ing canopies for the benefit of the trav- Director is authorized to file all papers for this purpose. eling public. and execute all documents necessary and the cash matches received from Whereas, this ordinance constitutes to implement the 2015 TLCI Projects. any of the public or private entities an emergency measure providing for the usual daily operation of a munici- Section 2. That a summary of the identified in Section 3 of this ordi- pal department; now, therefore, 2015 TLCI projects, presented to the nance. (RQS0110, RL 2015-44) Be it ordained by the Council of the Finance Committee of this Council at a Section 8. That this ordinance is City of Cleveland: public hearing on this legislation and declared to be an emergency measure Section 1. That Ordinance No. 1587- set forth in File No. 351-15-A, made a and, provided it receives the affirma- tive vote of two-thirds of all the mem- 09, passed November 30, 2009, is sup- part of this ordinance as if fully plemented by adding new Section 6a. rewritten, including the obligation of bers elected to Council, it shall take effect and be in force immediately to read as follows: the City of Cleveland to provide cash Section 6a. That the Director of Port matching funds in the sum up to upon its passage and approval by the Mayor; otherwise it shall take effect Control is authorized to accept the gift $34,500, is approved in all respects, and of funds from the Rental Car Consor- shall not be changed without addition- and be in force from and after the ear- liest period allowed by law. tium for the purpose of constructing al legislative authority. Passed April 27, 2015. canopies for the benefit of the travel- Section 3. That the Director of City Effective April 28, 2015. ing public. That the Director is autho- Planning, the Director of ODOT, and rized to file all papers and execute all NOACA are authorized to enter into a documents necessary to receive the tri-party agreement for implementa- funds; and that the funds are appropri- tion of the 2015 TCLI Projects, includ- Ord. No. 399-15. ated for the purposes described in Sec- ing but not limited to, the process for By Council Members Keane and Kel- tion 1 of this ordinance. approving deliverables, paying third ley (by departmental request). Section 2. That Sections 1 and 7 of parties, disbursing funds, identifying An emergency ordinance to amend Ordinance No. 1587-09, passed Novem- procedures, and other issues relating Section 7 of Ordinance No. 1588-09, ber 30, 2009, is amended to read as fol- to implementing this ordinance. passed November 30, 2009, relating to lows: Section 4. That the Director of City the public improvement of rehabilitat- Section 1. That, under Section 167 of the Charter of the City of Cleveland, Planning is authorized to enter into ing the terminal ticketing lobby at this Council determines to make the one or more contracts needed to imple- Cleveland Hopkins International Air- public improvement of rehabilitating ment this ordinance with various pub- port. the exterior terminal building façade lic and private entities, including, but Whereas, this ordinance constitutes at Cleveland Hopkins International not limited to, the an emergency measure providing for Airport, including constructing Regional Transit Authority, the the usual daily operation of a munici- canopies for use by the traveling pub- Greater Cleveland Partnership, Grey- pal department; now, therefore, lic (the “Improvement”), for the hound, St. Clair Superior Development Be it ordained by the Council of the Department of Port Control, by one or Corporation, Bike Cleveland, Historic City of Cleveland: more contracts duly let to the lowest Gateway, and various community Section 1. That Section 7 of Ordi- responsible bidder or bidders after development corporations. The con- nance No. 1588-09, passed November 30, competitive bidding on a unit basis for tracts may include, among other 2009, is amended to read as follows: things, the obligation of the entities to the Improvement. Section 7. That the cost of the con- Section 7. That the cost of the con- provide cash matching funds towards tracts authorized shall be paid from one or more of the three 2015 TLCI Pro- tracts authorized shall be paid from Fund Nos. 60 SF 001, 60 SF 104, 60 SF Fund Nos. 60 SF 001, 60 SF 104, 60 SF jects, if necessary. 106, 60 SF 112, 60 F 114, 60 SF 115, 60 SF 106, 60 SF 112, 60 F 114, 60 SF 115, 60 SF Section 5. That the Director of City 116, SF 126, 60 SF 128, 60 SF 130, 60 SF 116, 60 SF 126, 60 SsF 128, 60 SF 130, 60 Planning is authorized to employ by 141, 60 SF 160, passenger facility SF 141, 60 SF 160, passenger facility contract or contracts one or more con- charges and the fund and subfunds to charges and the fund and subfunds to sultants or one or more firms of con- which are credited the proceeds of any which are credited the proceeds of any sultants for the purpose of supple- general airport revenue bonds and general airport revenue bonds, gifts, menting the regularly employed staff grants, Request No. 175261. and grants, Request No. 175259. of the several departments of the City Section 2. That existing Section 7 of Section 3. That existing Sections 1 of Cleveland in order to provide pro- Ordinance No. 1588-09, passed Novem- and 7 of Ordinance No. 1587-09, passed fessional services necessary to con- ber 30, 2009, is repealed. November 30, 2009, is repealed. duct transportation corridor study ser- Section 3. That this ordinance is Section 4. That this ordinance is vices. declared to be an emergency measure declared to be an emergency measure As required by ODOT, the selection and, provided it receives the affirma- and, provided it receives the affirma- of the consultants for the services tive vote of two-thirds of all the mem- tive vote of two-thirds of all the mem- must comply with Sections 153.65 bers elected to Council, it shall take bers elected to Council, it shall take through 153.71 of the Ohio Revised effect and be in force immediately effect and be in force immediately Code and Federal Regulations 23 CFR upon its passage and approval by the upon its passage and approval by the 172. The contract or contracts autho- Mayor; otherwise it shall take effect Mayor; otherwise it shall take effect rized shall be prepared by the Director and be in force from and after the ear- and be in force from and after the ear- of Law, approved by the Director of liest period allowed by law. liest period allowed by law. City Planning, and certified by the Passed April 27, 2015. Passed April 27, 2015. Director of Finance. Effective April 28, 2015. Effective April 28, 2015.

Ord. No. 403-15. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 52 of Ordinance No. 323-15, passed March 30, 2015, relating to com- pensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: 654 May 6, 2015 The City Record 33

Section 1. That Section 52 of Ordinance No. 323-15, passed March 30, 2015, is amended to read as follows: Section 52. Housing Court Employees

Minimum Maximum 1. Chief Housing Court Specialist ...... $52,158.83 $92,427.06 2. Housing Court Administrative Assistant...... 23,063.94 58,939.38 3. Housing Court Administrator...... 64,815.84 103,878.54 4. Housing Court ADR Specialist ...... 42,178.00 90,045.81 5. Housing Court Chief Bailiff...... 38,884.00 94,348.04 6. Housing Court Chief Magistrate...... 71,667.00 125,383.66 7. Housing Court Coordinator ...... 23,064.00 56,182.76 8. Housing Court Court Reporter ...... 23,715.99 62,343.65 9. Housing Court Deputy Bailiff ...... 22,173.84 58,272.37 10. Housing Court Deputy Bailiff – Uniformed...... 22,173.84 58,272.37 11. Housing Court Deputy Bailiff Supervisor...... 42,815.88 74,798.61 12. Housing Court Deputy Bailiff/Finance Officer ...... 38,544.06 75,078.85 13. Housing Court Deputy Bailiff/Judicial Clerk ...... 21,993.75 54,490.42 14. Housing Court Deputy Bailiff/Staff Attorney...... 29,585.00 74,922.62 15. Housing Court Magistrate ...... 42,178.32 98,102.62 16. Housing Court Magistrates’ Personal Bailiff ...... 23,063.94 54,755.16 17. Housing Court Personal Bailiff ...... 63,969.00 94,737.11 18. Housing Court Project Coordinator ...... 31,050.00 72,208.42 19. Housing Court Receptionist...... 23,064.00 37,603.68 20. Housing Court Scheduler ...... 23,063.94 54,755.16 21. Housing Court Secretary...... 20,815.92 40,891.00 22. Housing Court Specialist ...... 34,000.00 73,955.59 23. Housing Court Specialist - Mediation Coordinator ...... 29,585.48 63,002.69 24. Housing Court Student Aide ...... 10.70 11.56

Section 2. That existing Section 52 of Ordinance No. 323-15, passed March 30, 2015, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Human Resources, Finance, Law; Committee on Finance. Passed April 27, 2015. Effective April 28, 2015.

Ord. No. 416-15. Section 3. That the cost of the con- 2:00 p.m. By Council Members Keane and tract or contracts authorized shall be Kelley (by departmental request). paid from Fund Nos. 60 SF 001, 60 SF Development, Planning and Sus- An emergency ordinance authoriz- 104, 60 SF 106, 60 SF 126, 60 SF 141, and tainability Committee & Finance ing the lease by one or more contracts the fund or funds to which are credit- Committee: Cancelled. of up to two high-reach extendable ed the proceeds of any federal grants, turret vehicles, for the Division of Finance Committee: Present: Kel- state grants, and local grants issued Cleveland Hopkins International Air- ley, Chair; Cleveland, Vice Chair; for this purpose and passenger facili- port, Department of Port Control, for Brady, Brancatelli, Conwell, Keane, a period of up to ten years. ty charges if authorized for this pur- Mitchell, Pruitt. Authorized Absence: Whereas, this ordinance constitutes pose, Request No. RQS 3001, RL 2015- Zone. an emergency measure providing for 46. the usual daily operation of a munici- Section 4. That this ordinance is Tuesday, May 5, 2015 pal department; now, therefore, declared to be an emergency measure 9:30 a.m. Be it ordained by the Council of the and, provided it receives the affirma- City of Cleveland: tive vote of two-thirds of all the mem- Development, Planning and Sus- tainability Committee: Present: Section 1. That the Director of Port bers elected to Council, it shall take Brancatelli, Chair; Cleveland, Vice Control is authorized to make one or effect and be in force immediately Chair; Cimperman, Cummins, Dow, more written contracts under the upon its passage and approval by the Pruitt. Authorized Absence: Zone. Charter and the Codified Ordinances Mayor; otherwise it shall take effect of Cleveland, Ohio, 1976, for each or and be in force from and after the ear- 2:00 p.m. all of the following items: up to two liest period allowed by law. high-reach extendable turret vehicles Passed April 27, 2015. Workforce and Community Bene- to be leased by the Commissioner of Effective April 28, 2015. fits Committee: Present: Cleveland, Purchases and Supplies on a unit Chair; J. Johnson, Kazy, Polensek, basis, for the Division of Cleveland Pruitt, Reed. Authorized Absence: Hopkins International Airport, COUNCIL COMMITTEE Zone, Vice Chair. Department of Port Control, for a peri- MEETINGS od of up to ten years. Wednesday, May 6, 2015 Section 2. That under Section 108(b) 10:00 a.m. of the Charter, the leases authorized Monday, May 4, 2015 by this ordinance may be made 9:30 a.m. Utilities Committee & Municipal through cooperative arrangements Services and Properties Committee with other governmental agencies. TOUR: Present in Utilities: Pruitt, Health and Human Services Com- The Director of Port Control may sign Chair; Brady, Vice Chair; Brancatel- all documents that are necessary to mittee: Present: Cimperman, Chair; li, Cummins, Keane, Mitchell, enter into the leases, and may enter Brady, Cleveland, Cummins, J. John- Polensek. Present in MS&P: K. John- into one or more contracts with the son. Authorized Absence: Mitchell, son, Chair; Dow, Vice Chair; Bran- vendors selected through that cooper- Vice Chair; Conwell. Pro tempore: catelli, Cummins, J. Johnson, Kazy. ative process. Brancatelli. Authorized Absence: Reed.

655 34 The City Record May 6, 2015 Index

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

Agreements

Al’s Deli Project — job creation — Alphonso Mitchum — Economic Development (Ward 09 CRF) (O 541-15) ...... 641 Crawford Building Project — Tonda Lanton — job creation — Economic Development (Ward 09 CRF) (O 539-15) ...... 641 Migration Arts Education Projects — providing art and mediation education — Building Bridges Collaborative Inc., — Community Development (Ward 03CRF) (O 540-15) ...... 641 Omni Media Cleveland, Inc. — kiosk flexibility — amend Contract 55936 — City Planning Commission (O 379-15)...... 643

Appropriations

Administrative expenses — appropriate CDBG and Federal Home funds (O 435-15) ...... 643

Board of Building Standards and Building Appeals

Benwood Avenue, 13909 (Ward 2) – Chantell Mims-Pendland, owner — appeal adopted on 4/29/15 (Doc. A-24-15) ...... 650 Bernard Avenue, 10617 (Ward 11) – Donald Kuhar, owner — appeal resolved on 4/29/15 (Doc. A-36-15) ...... 649 Burger Avenue, 4521 (Ward 13) – John & Shannon Spalek, owner — appeal resolved on 4/29/15 (Doc. A-56-15) ...... 649 Dodge Court, 1629 (a.k.a. 1550 Chester Avenue) (Ward 3) – Brauhaus Cleveland LLC, owner — appeal adopted on 4/29/15 (Doc. A-27-15) ...... 650 East 100th Street, 778 (Ward 9) – Levander Malone, owner — appeal adopted on 4/29/15 (Doc. A-26-15) ...... 650 East 128th Street, 3344 (Ward 4) – Wells Fargo Bank N.A., owner — appeal resolved on 4/29/15 (Doc. A-39-15)...... 649 East 65th Street, 2990 (Ward 5) – U.S. Bank, N.A. as Trustee, trustee — appeal resolved on 4/29/15 (Doc. A-31-15)...... 648 Florian Avenue, 11321 (Ward 11) – Donna & Danielle Haldeman, owners — appeal adopted on 4/29/15 (Doc. A-30-15) ...... 650 Manor Avenue, 9016 (Ward 6) – Mic-Ray Products, Inc., owner — appeal adopted on 4/29/15 (Doc. A-34-15) ...... 650 Market Avenue, 2516 (Ward 3) – 2516 Corp., owner — no action on 4/29/15 (Doc. A-47-15) ...... 649 Melba Avenue, 11413 (Ward 4) – Ronald Morris, owner — appeal postponed to 5/27/15 on 4/29/15 (Doc. A-35-15)...... 649 Rocky River Drive, 4271 (Ward 17) – Kirby Ave. Property, Inc., owner — appeal adopted on 4/29/15 (Doc. A-28-15)...... 650 Superior Avenue, 11508 (Ward 9) – Birlus Wordlaw, owner — appeal amended and adopted on 4/29/15 (Doc. A-29-15) ...... 649 West 112th Street, 3211 (Ward 11) – Carol Sakac, owner — appeal resolved on 4/29/15 (Doc. A-38-15) ...... 649 West 114th Street, 3250 (Ward 11) – Halloran West LLC, owner — appeal resolved on 4/29/15 (Doc. A-41-15) ...... 649 West 83rd Street, 1384 (Ward 16) – Robshir Property, owner — appeal adopted on 4/29/15 (Doc. A-33-15) ...... 650 Weston Road, 18082 (Ward 10) – William Gardner, owner — appeal resolved on 4/29/15 (Doc. A-22-15) ...... 648

Board of Control — Community Development Department

Harvard Avenue, 7915 (Ward 12) — PPN 133-14-012 — The Most Reverend Richard G. Lennon, Bishop of the Roman Catholic Diocese of Cleveland as trustee for Holy Name Parish (BOC Res. 160-15) ...... 646 East 93rd Street & Laisy Avenue (Ward 6) — PPN’s 127-13-001/002/047/051 — Valerie J. McCall (BOC Res. 158-15) ...... 645 East 93rd Street & Laisy Avenue (Ward 6) — PPN’s 127-13-001/002/047/051 — Valerie J. McCall — rejected (BOC Res. 157-15) ...... 645 Superior Avenue, 11445/11415 (Ward 9) — PPN’s 110-31-008/009 — Northeast Ohio Regional Sewer District (BOC Res. 159-15)...... 646

Board of Control — Finance Department

Human resources information system — amend BOC Res. 150-15 (BOC Res. 161-15)...... 646 Network infrastructure, Microsoft Exchange and Active Directory and City-wide applications — approve subcontractor — Contract #PS2013-043 per BOC Res. 610-12 (BOC Res. 152-15) ...... 644 656 May 6, 2015 The City Record 35

Board of Control — Land Reutilization Program

Harvard Avenue, 7915 (Ward 12) — PPN 133-14-012 — The Most Reverend Richard G. Lennon, Bishop of the Roman Catholic Diocese of Cleveland as trustee for Holy Name Parish (BOC Res. 160-15) ...... 646 East 93rd Street & Laisy Avenue (Ward 6) — PPN’s 127-13-001/002/047/051 — Valerie J. McCall (BOC Res. 158-15) ...... 645 East 93rd Street & Laisy Avenue (Ward 6) — PPN’s 127-13-001/002/047/051 — Valerie J. McCall — rejected (BOC Res. 157-15) ...... 645 Superior Avenue, 11445/11415 (Ward 9) — PPN’s 110-31-008/009 — Northeast Ohio Regional Sewer District (BOC Res. 159-15)...... 646

Board of Control — Port Control Department

Centralized baggage inspection system — per Ord. 220-15 — all bids rejected (BOC Res. 155-15) ...... 645

Board of Control — Professional Service Contracts

Geographic Information System (city-wide) program — renew licenses — Environmental Systems Research Institute, Inc. (ESRI) per C.O. Sec. 181.102 — Dept. of Public Utilities (BOC Res. 153-15) ...... 644 Human resources information system — amend BOC Res. 150-15 — Dept. of Finance (BOC Res. 161-15) ...... 646 Network infrastructure, Microsoft Exchange and Active Directory and City-wide applications — approve subcontractor — Contract #PS2013-043 per BOC Res. 610-12 — Dept. of Finance (BOC Res. 152-15)...... 644

Board of Control — Public Improvement Contracts

Centralized baggage inspection system — per Ord. 220-15 — all bids rejected — Dept. of Port Control (BOC Res. 155-15) ...... 645 Highland Park Mausoleum Hazardous Conditions Abatement — per Ord. 537-12 to Precision Environmental Co. — Dept. of Public Works (BOC Res. 156-15)...... 645 Rosecliff Road Storm Sewer Replacement Project — per Ord. 991-14 to Terrace Construction Co., Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 154-15) ...... 645

Board of Control — Public Utilities Department

Geographic Information System (city-wide) program — renew licenses — Environmental Systems Research Institute, Inc. (ESRI) per C.O. Sec. 181.102 (BOC Res. 153-15) ...... 644 Rosecliff Road Storm Sewer Replacement Project — per Ord. 991-14 to Terrace Construction Co., Inc. — Division of Water Pollution Control (BOC Res. 154-15) ...... 645

Board of Control — Public Works Department

Highland Park Mausoleum Hazardous Conditions Abatement — per Ord. 537-12 to Precision Environmental Co. (BOC Res. 156-15) ...... 645

Board of Control — Water Pollution Control Division

Rosecliff Road Storm Sewer Replacement Project — per Ord. 991-14 to Terrace Construction Co., Inc. — Dept. of Public Utilities (BOC Res. 154-15) ...... 645

Board of Zoning Appeals — Report

Broadview Road, 3322 (Ward 12) – Apolonio Lumaban, owner — appeal granted and adopted on 5/4/15 (Cal. 15-60) ...... 648 Denison Avenue, 3401 (Ward 12) – George Sevastos, owner — appeal denied and adopted on 5/4/15 (Cal. 14-236)...... 648 East 123rd Street, 1862 (Ward 6) – East 123rd Street Properties Ltd., owner — appeal heard on 5/4/15 (Cal. 14-238) ...... 648 East 65th Street, 3675 (Ward 12) – Bethel Church, owner — appeal affirmed to 10/27/15 on 5/4/15 (Cal. 14-142) ...... 648 East 9th Street, 1460 (Ward 3) – City of Cleveland, owner, and Hampton Inn, tenant — appeal postponed to 9/14/15 on 5/26/15 (Cal. 15-3) ...... 648 Kenilworth Avenue, 1112 (Ward 3) – Kathleen Crowther, owner — appeal heard on 5/4/15 (Cal. 15-66)...... 648 Magnolia Drive, 11125 (Ward 9) – Cleveland Music School Settlement, owner — appeal heard on 5/4/15 (Cal. 15-64) ...... 648 Murray Hill Road, 2187 (Ward 6) – Murray Hill Partners, LLC, owner, and Zac Ponsky, tenant — appeal postponed to 6/1/15 on 5/4/15 (Cal. 15-62)...... 648 Roxboro Avenue, 14608 (Ward 17) – Mark R. Bast, owner — appeal granted and adopted on 5/4/15 (Cal. 15-59)...... 648 Storer Avenue, 5405 (Ward 14) – Eric Poole, owner — appeal postponed to 8/3/15 on 5/4/15 (Cal. 15-67)...... 648 657 36 The City Record May 6, 2015

West 18th Street, 2150 (Ward 3) – Carolyn Bentely, owner — appeal postponed to 6/8/15 on 5/4/15 (Cal. 15-63) ...... 648 West 29th Street, 1455 (Ward 3) – Ohio City Firehouse, LLC, owner — appeal granted and adopted on 5/4/15 (Cal. 15-35) ...... 648

Board of Zoning Appeals — Schedule

Grovewood Avenue, 16901 (Ward 8) – Ron Bolden, owner — appeal to be heard on 5/26/15 (Cal. 15-97)...... 647 Searsdale Avenue, 3106 (Ward 13) – Bash Homes LLC, owner — appeal to be heard on 5/26/15 (Cal. 15-98)...... 647 Warner Road, 4533 (Ward 2) – Rightway Investments, owner — appeal to be heard on 5/26/15 (Cal. 15-99)...... 647 West 5th Street, 2491 (Ward 3) – Anthony & Michelle Sileo, owners — appeal to be heard on 5/26/15 (Cal. 15-76) ...... 647

Bonds

Refunding Bonds — 2008 Subordinate Lien Unrestricted Income Tax Bonds — Police and Fire Pension Fund — Finance Department — Safety Department (O 515-15)...... 626

Building and Housing Department

Cuyahoga County Property Demolition Fund-Round 1 Award — demolition of nuisance structures — Grant (F 508-15) ...... 625

Burke Lakefront Airport

Vehicles, trucks, and various types of equipment — contracts — Port Control Department (O 225-15) ...... 653

Capital Projects

Buckeye-Shaker, Larchmere, and Woodland Hills — encroach into rights-of-way — sixteen wooden posts and eighteen signs — Buckeye Shaker Square Development Corp. (Ward 04) (O 521-15) ...... 634 East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — City Planning Commission (Ward 09) (O 530-15) ...... 637 East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) (Ward 02) (O 516-15) ...... 629 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) (O 525-15) ...... 636 East Blvd. (between Euclid Ave. and Bellflower Rd.) — secondary and honorary designation — Jamie Ireland Way — City Planning Commission (Ward 09) (O 450-15) ...... 644-T Eddy Rd., (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) (Ward 08) (O 517-15) ...... 631 Leonard Street N.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 528-15) ...... 639 North and South Marginal Roads (East 9th St. to East 55th St.) — consent and cause payment — Ohio Department of Transportation (ODOT) (O 488-15)...... 644 Pavement Management Program — Survey City Streets — collect and input data — professional services (O 523-15) ...... 635 Ride of Silence — May 20th — Bike Cleveland (Ward 03) (O 537-15) ...... 640 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) (O 518-15) ...... 632 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Ohio Department of Transportation (ODOT) (Ward 17) (O 520-15) ...... 633 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) (O 519-15) ...... 633

City Council

Supporting amending the U. S. Constitution to establish that corporations are not people and money is not speech — Copy of petition — Ms. D. Karpinski (F 509-15) ...... 625 Work Study Program — Amend Contract # 2014-108 — Saint Martin De Porres High School (O 544-15) ...... 638

City of Cleveland Bids

2015-2018 Department of Finance Citywide Sales of Scrap Metal Materials (Re-bid) — Department of Finance — per C.O. Sec. 181.18 — bid due May 27, 2015 (advertised 4/29/2015 and 5/6/2015) ...... 651 Capital Maintenance and Repair of City Facilities — Department of Public Works — Division of Property Management — per C.O. Sec. 131.67 — bid due May 20, 2015 (advertised 4/29/2015 and 5/6/2015) ...... 651 658 May 6, 2015 The City Record 37

Criminal and Civil Filing System — Department of Finance — behalf of Cleveland Municipal Court — per C.O. Sec. 181.101 — bid due May 15, 2015 (advertised 4/29/2015 and 5/6/2015) ...... 650 Rehabilitation of MLK, Jr. BLVD Bridge 50.28 (2-1) & 50.30 (3-1) Over Doan Brook (Re-bid) — Office of Capital Projects — Division of Engineering and Construction — per Ord. 730-13 — bid due May 15, 2015 (advertised 4/29/2015 and 5/6/2015) ...... 650

City Planning Commission

Bellaire-Puritas Design Review District — Lorain Ave., (between W. 140th St. and W. 123rd St.) (Ward 16) (O 532-15) ...... 638 East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office (Ward 09) (O 530-15) ...... 637 East Blvd. (between Euclid Ave. and Bellflower Rd.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office (Ward 09) (O 450-15) ...... 644-T Lake Shore Bank / CPL St. Clair Branch Bldg. — St. Clair Ave., 5404 and East 55th St., 1368 — PPN 104-12-001 / 040 — designate as landmark — Landmarks Commission (Ward 10) (O 531-15) ...... 638 Leonard Street N.W. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 528-15) ...... 639 Lorain Ave., and West 150th St. (southeast corner) — change Use, Area and Height Districts — City Planning Commission (Ward 17) (O 249-15)...... 650 (Northeast corner) of Madison Ave. and West 117th St. — changing setback lines from 5' to a 0' — City Planning Commission (Ward 15) (O 458-15) ...... 650 (Northeast corner) of Madison Ave., and West 117th St. — change Use, Area and Height Districts — City Planning Commission (Ward 15) (O 457-15) ...... 650 Omni Media Cleveland, Inc. — kiosk flexibility — amend Contract 55936 (O 379-15) ...... 643 Terminate 1991 North Coast Harbor Community Development Plan 2 (O 527-15) ...... 637 Transportation for Livable Communities Initiative, 2015 — Northeast Ohio Area Coordinating Agency — Grant (O 351-15) ...... 653

Clerk Of Council

Work Study Program — Amend Contract # 2014-108 — Saint Martin De Porres High School (O 544-15) ...... 638

Cleveland Clinic Foundation

Fire Station No. 10 — East 101st St., 1935 — deed of easement — Safety Department (O 526-15)...... 637

Cleveland Hopkins International Airport (CHIA)

Amend Ord. 1588-09 — Ticketing lobby rehabilitation (O 399-15) ...... 654 Equipment storage structure — public improvement contract — professional services — Port Control Department (O 221-15) ...... 652 Exterior building facade rehabilitation — amend Ord. 1587-09 (O 400-15)...... 654 Lease — contract — two high-reach extendable turret vehicles — Port Control Department (O 416-15) ...... 655 Vehicles, trucks, and various types of equipment — contracts — Port Control Department (O 225-15) ...... 653

Cleveland Public Power (CPP)

Buckeye-Shaker, Larchmere, and Woodland Hills — encroach into rights-of-way — sixteen wooden posts and eighteen signs — Buckeye Shaker Square Development Corp. — Capital Projects Office (Ward 04) (O 521-15) ...... 634

Codified Ordinances

Rental of League Park Baseball Field and League Park Visitors Center; Fee — enact Section 131.37 — amend Section 131.35 (Ward 07) (O 20-15) ...... 643

Communications

Cuyahoga County Property Demolition Fund-Round 1 Award — demolition of nuisance structures — Grant — Building and Housing Department (F 508-15) ...... 625 Supporting amending the U. S. Constitution to establish that corporations are not people and money is not speech — Copy of petition — Ms. D. Karpinski (F 509-15) ...... 625

Community Development

Administrative expenses — appropriate CDBG and Federal Home funds (O 435-15) ...... 643 Community Development programs — enter and amend contracts or memorandums of understanding — expend funds — Cleveland Metroparks — Cleveland Metropolitan School District — Greater Cleveland Regional Transit Authority (GCRTA) (O 436-15) ...... 644 659 38 The City Record May 6, 2015

Migration Arts Education Projects — providing art and mediation education — Building Bridges Collaborative Inc., — agreement — Community Development (Ward 03CRF) (O 540-15) ...... 641 Terminate 1991 North Coast Harbor Community Development Plan 2 (O 527-15) ...... 637

Community Development Block Grant Program

Administrative expenses — appropriate CDBG and Federal Home funds (O 435-15) ...... 643 Community Development programs — enter and amend contracts or memorandums of understanding — expend funds — Cleveland Metroparks — Cleveland Metropolitan School District — Greater Cleveland Regional Transit Authority (GCRTA) (O 436-15) ...... 644

Condolences

Battle, Pauline Parks (R 548-15) ...... 625 Edwards, Dionne Tiffany (R 546-15) ...... 625 Evans, Reginald (R 547-15) ...... 625 Perry, Jr., Bishop F. E. (Floyd Eugene) (R 558-15) ...... 625

Congratulations

Earnhart, Kayla (R 550-15)...... 626 Eppich, Sister Barbara (R 556-15) ...... 626 Harris, Rev. Allen (R 554-15) ...... 626 Kayali, Lea (R 555-15) ...... 626 Sasso, Ruth Robertson (R 549-15) ...... 625 Sinclair, Martin “ Marty “ (R 553-15) ...... 626 Vaughn, Sr., Elder Robert E. (R 552-15) ...... 626 White, Meghan (R 551-15) ...... 626

Contracts

Administration of Family and Medical Leave Act benefits for City employees — Finance Department — Human Resources Department (O 489-15) ...... 644 Al’s Deli Project — job creation — Alphonso Mitchum — agreement — Economic Development (Ward 09 CRF) (O 541-15) ...... 641 Cleveland Hopkins International Airport Division — lease -two high-reach extendable turret vehicles — Port Control Department (O 416-15) ...... 655 Community Development programs — enter and amend contracts or memorandums of understanding — expend funds — Cleveland Metroparks — Cleveland Metropolitan School District — Greater Cleveland Regional Transit Authority (GCRTA) (O 436-15) ...... 644 Copiers, Group I, II, III — Meritech, Inc. — amend Contract No. RC 2010-135 — Finance Department (O 490-15) ...... 644 Crawford Building Project — Tonda Lanton — job creation — agreement — Economic Development (Ward 09 CRF) (O 539-15) ...... 641 Equipment storage structure — public improvement — professional services — Port Control Department (O 221-15)...... 652 Migration Arts Education Projects — providing art and mediation education — Building Bridges Collaborative Inc., — agreement — Community Development (Ward 03CRF) (O 540-15) ...... 641 North and South Marginal Roads (East 9th St. to East 55th St.) — consent and cause payment — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 488-15) ...... 644 Omni Media Cleveland, Inc. — kiosk flexibility — amend Contract 55936 — City Planning Commission (O 379-15)...... 643 Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639 Paint and paint removal from roadways, runways and paved surfaces (O 269-15) ...... 653 Pavement Management Program — Survey City Streets — collect and input data — professional services — Capital Projects Office (O 523-15) ...... 635 Tom Pallas Industries, Inc., — economic development assistance — Building located at West 110th St., 2040 — VPI (Ward 11) (O 522-15) ...... 635 Vehicles, trucks, and various types of equipment — Port Control Department (O 225-15) ...... 653 Work Study Program — Amend Contract # 2014-108 — Saint Martin De Porres High School (O 544-15) ...... 638

Easements

Fire Station No. 10 — East 101st St., 1935 — Cleveland Clinic Foundation — Safety Department (O 526-15)...... 637

Economic Development Department

Al’s Deli Project — job creation — Alphonso Mitchum — agreement (Ward 09 CRF) (O 541-15)...... 641 Crawford Building Project — Tonda Lanton — job creation — agreement (Ward 09 CRF) (O 539-15) ...... 641 Tom Pallas Industries, Inc., — contract — economic development assistance — Building located at West 110th St., 2040 — VPI (Ward 11) (O 522-15)...... 635 660 May 6, 2015 The City Record 39

Encroachments

Buckeye-Shaker, Larchmere, and Woodland Hills — rights-of-way — sixteen wooden posts and eighteen signs — Buckeye Shaker Square Development Corp. — Capital Projects Office (Ward 04) (O 521-15) ...... 634

Fees

Rental of League Park Baseball Field and League Park Visitors Center; Fee — enact Section 131.37 — amend Section 131.35 (Ward 07) (O 20-15) ...... 643

Finance Department

Administration of Family and Medical Leave Act benefits for City employees — Human Resources Department (O 489-15) ...... 644 Copiers, Group I, II, III — Meritech, Inc. — amend Contract No. RC 2010-135 (O 490-15)...... 644 Refunding Bonds — 2008 Subordinate Lien Unrestricted Income Tax Bonds — Police and Fire Pension Fund — Safety Department (O 515-15) ...... 626 Salary and wage schedules — amend Section 52 — amend Ord. 323-15 — Human Resources Department (O 403-15)...... 654 Salary and wage schedules — amend various sections — amend Ord. 323-15 — Human Resource Department (O 491-15)...... 644 Workers’ compensation and actuarial services (O 524-15) ...... 635

Fire Division

Refunding Bonds — 2008 Subordinate Lien Unrestricted Income Tax Bonds — Police and Fire Pension Fund — Finance Department — Safety Department (O 515-15)...... 626

Gifts

Exterior building facade rehabilitation — amend Ord. 1587-09 — Cleveland Hopkins International Airport Division (O 400-15) ...... 654

Grants

Cuyahoga County Property Demolition Fund-Round 1 Award — demolition of nuisance structures — Building and Housing Department (F 508-15) ...... 625 Transportation for Livable Communities Initiative, 2015 — Northeast Ohio Area Coordinating Agency — City Planning Commission (O 351-15)...... 653

House Bill

Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639

Human Resources Department

Administration of Family and Medical Leave Act benefits for City employees — Finance Department (O 489-15)...... 644 Salary and wage schedules — amend Section 52 — amend Ord. 323-15 — Finance Department (O 403-15)...... 654 Salary and wage schedules — amend various sections — amend Ord. 323-15 — Finance Department (O 491-15)...... 644

Landmark Commission

Lake Shore Bank / CPL St. Clair Branch Bldg. — St. Clair Ave., 5404 and East 55th St., 1368 — PPN 104-12-001 / 040 — designate as landmark — City Planning Commission (Ward 10) (O 531-15) ...... 638

League Park Center

Rental of League Park Baseball Field and League Park Visitors Center; Fee — enact Section 131.37 — amend Section 131.35 (Ward 07) (O 20-15) ...... 643

Leases

City Docks 30 and 32 — lease to various companies (O 194-15) ...... 652 Cleveland Hopkins International Airport Division — contract — two high-reach extendable turret vehicles — Port Control Department (O 416-15) ...... 655

Liquor Permits

Broadview Rd., 4852 — transfer of ownership application (Ward 13) (F 512-15) ...... 625 East 135th St., 3218 — transfer of ownership application (Ward 04) (F 510-15) ...... 625 661 40 The City Record May 6, 2015

East 21st St., 1417-1423 — objection to transfer of ownership (Ward 07) (R 536-15) ...... 642 Euclid Ave., 11312 — new application (Ward 06) (F 514-15) ...... 625 Harvard Ave., 5612 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 909-13 (Ward 12) (R 494-15) ...... 651 Memphis Ave., 5741 — withdraw objection to transfer of ownership — repeal Res. 116-15 (Ward 13) (R 497-15) ...... 652 Memphis Ave., 7210 — transfer of ownership application (Ward 13) (F 511-15) ...... 625 Prospect Ave., 1222 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1018-14 (Ward 03) (R 495-15) ...... 651 Public Sq., 24 — new application (Ward 03) (F 545-15) ...... 625 Public Sq., 75 (Suite B-100) — objection to transfer of ownership (Ward 03) (R 542-15) ...... 643 St. Clair Ave., 10929 — objection to transfer of ownership (Ward 10) (R 534-15) ...... 642 St. Clair Ave., 18506 — stock application (Ward 10) (F 513-15) ...... 625 St. Clair Ave., 6718 — withdraw objection to issuance — repeal Res. 361-15 (Ward 07) (R 543-15) ...... 643 St. Clair Ave., 7513 — objection to transfer of liquor license (Ward 10) (R 533-15) ...... 641 Superior Ave., 3700 (#E) — objection to issuance (Ward 07) (R 535-15) ...... 642 West 25th St., 3474 — objection to issuance (Ward 14) (R 496-15)...... 651

Loans

Tom Pallas Industries, Inc., — contract — economic development assistance — Building located at West 110th St., 2040 — VPI (Ward 11) (O 522-15)...... 635

Northeast Ohio Areawide Coordinating Agency (NOACA)

Transportation for Livable Communities Initiative, 2015 — Grant — City Planning (O 351-15)...... 653

Ohio Department Of Transportation (ODOT)

East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Capital Projects Office (Ward 02) (O 516-15) ...... 629 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Capital Projects Office (O 525-15) ...... 636 Eddy Rd., (St. Clair Ave. to Interstate 90) — resurfacing — consent — Capital Projects Office (Ward 08) (O 517-15) ...... 631 North and South Marginal Roads (East 9th St. to East 55th St.) — consent and cause payment — Capital Projects Office (O 488-15) ...... 644 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Capital Projects Office (O 518-15) ...... 632 Transportation for Livable Communities Initiative, 2015 — Northeast Ohio Area Coordinating Agency — Grant — City Planning Commission (O 351-15)...... 653 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Capital Projects Office (Ward 17) (O 520-15) ...... 633 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Capital Projects Office (O 519-15) ...... 633

Permits

Buckeye-Shaker, Larchmere, and Woodland Hills — encroach into rights-of-way — sixteen wooden posts and eighteen signs — Buckeye Shaker Square Development Corp. — Capital Projects Office (Ward 04) (O 521-15) ...... 634 Ride of Silence — May 20th — Bike Cleveland (Ward 03) (O 537-15) ...... 640 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640

Police Division

Refunding Bonds — 2008 Subordinate Lien Unrestricted Income Tax Bonds — Police and Fire Pension Fund — Finance Department — Safety Department (O 515-15)...... 626

Port Control Department

Amend Ord. 1588-09 — Ticketing lobby rehabilitation — Cleveland Hopkins International Airport Division (O 399-15) ...... 654 City Docks 30 and 32 — lease to various companies (O 194-15) ...... 652 Cleveland Hopkins International Airport Division — lease — contract — two high-reach extendable turret vehicles (O 416-15) ...... 655 Equipment storage structure — public improvement contract — professional services (O 221-15) ...... 652 Exterior building facade rehabilitation — amend Ord. 1587-09 — Cleveland Hopkins International Airport Division (O 400-15) ...... 654 Paint and paint removal from roadways, runways and paved surfaces (O 269-15) ...... 653 Vehicles, trucks, and various types of equipment — contracts (O 225-15) ...... 653 662 May 6, 2015 The City Record 41

Professional Services

Administration of Family and Medical Leave Act benefits for City employees — Finance Department — Human Resources Department (O 489-15) ...... 644 Equipment storage structure — public improvement contract — Port Control Department (O 221-15) ...... 652 Pavement Management Program — Survey City Streets — collect and input data — Capital Projects Office (O 523-15) ...... 635 Transportation for Livable Communities Initiative, 2015 — Northeast Ohio Area Coordinating Agency — Grant — City Planning Commission (O 351-15)...... 653 Workers’ compensation and actuarial services (O 524-15) ...... 635

Public Hearing (Notices)

Lorain Ave., and West 150th St. (southeast corner) — change Use, Area and Height Districts — City Planning Commission (Ward 17) (O 249-15)...... 650 (Northeast corner) of Madison Ave. and West 117th St. — changing setback lines from 5' to a 0' — City Planning Commission (Ward 15) (O 458-15) ...... 650 (Northeast corner) of Madison Ave., and West 117th St. — change Use, Area and Height Districts — City Planning Commission (Ward 15) (O 457-15) ...... 650

Public Improvements

Amend Ord. 1588-09 — Ticketing lobby rehabilitation — Cleveland Hopkins International Airport Division (O 399-15) ...... 654 East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 02) (O 516-15) ...... 629 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 525-15) ...... 636 Eddy Rd., (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 08) (O 517-15)...... 631 Equipment storage structure — contract — professional services — Port Control Department (O 221-15) ...... 652 Exterior building facade rehabilitation — amend Ord. 1587-09 — Cleveland Hopkins International Airport Division (O 400-15) ...... 654 Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 632 Warren Rd.(Munn Rd. to Interstate 90) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 17) (O 520-15) ...... 633 West 150th St. (Industrial Parkway to Lorain Ave.) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 633

Races

Ride of Silence — May 20th — Bike Cleveland (Ward 03) (O 537-15) ...... 640 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640

Recognition

Cinco de Mayo — 2015 (R 557-15) ...... 626

Resolution Of Support

Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639

Resolutions — Miscellaneous

Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639

Safety Department

Fire Station No. 10 — East 101st St., 1935 — deed of easement — Cleveland Clinic Foundation — Safety Department (O 526-15) ...... 637 Refunding Bonds — 2008 Subordinate Lien Unrestricted Income Tax Bonds — Police and Fire Pension Fund — Finance Department — Safety Department (O 515-15)...... 626

Salaries

Salary and wage schedules — amend Section 52 — amend Ord. 323-15 — Finance Department — Human Resources Department (O 403-15) ...... 654 Salary and wage schedules — amend various sections — amend Ord. 323-15 — Finance Department — Human Resource Department (O 491-15) ...... 644 663 42 The City Record May 6, 2015

Senate Bills

Opposing House Bill 180 and Senate Bill 152 to prohibit residency requirements (R 529-15)...... 639

Street Vacation

Leonard Street N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 528-15)...... 639

Streets — Name

East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office — City Planning Commission (Ward 09) (O 530-15) ...... 637 East Blvd. (between Euclid Ave. and Bellflower Rd.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office — City Planning Commission (Ward 09) (O 450-15) ...... 644-T

Tabled Legislation

East Blvd. (between Euclid Ave. and Bellflower Rd.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office — City Planning Commission (Ward 09) (O 450-15) ...... 644-T

Ward 01

Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 02

East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 516-15) ...... 629 Edwards, Dionne Tiffany — Condolence (R 546-15) ...... 625 Evans, Reginald — Condolence (R 547-15) ...... 625 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 03

Harris, Rev. Allen — Congratulations (R 554-15)...... 626 Kayali, Lea — Congratulations (R 555-15) ...... 626 Leonard Street N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 528-15) ...... 639 Migration Arts Education Projects — providing art and mediation education — Building Bridges Collaborative Inc., — agreement — Community Development (Ward 03 CRF) (O 540-15) ...... 641 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Prospect Ave., 1222 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1018-14 — liquor permit (R 495-15) ...... 651 Public Sq., 24 — new application — liquor permit (F 545-15) ...... 625 Public Sq., 75 (Suite B-100) — objection to transfer of ownership — liquor permit (R 542-15) ...... 643 Ride of Silence — May 20th — Bike Cleveland (O 537-15) ...... 640 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 632

Ward 04

Buckeye-Shaker, Larchmere, and Woodland Hills — encroach into rights-of-way — sixteen wooden posts and eighteen signs — Buckeye Shaker Square Development Corp. — Capital Projects Office (O 521-15) ...... 634 East 135th St., 3218 — transfer of ownership application — liquor permit (F 510-15) ...... 625 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Vaughn, Sr., Elder Robert E. — Congratulations (R 552-15) ...... 626

Ward 05

Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 06

Battle, Pauline Parks — Condolence (R 548-15) ...... 625 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 525-15) ...... 636 664 May 6, 2015 The City Record 43

Euclid Ave., 11312 — new application — liquor permit (F 514-15)...... 625 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 07

East 21st St., 1417-1423 — objection to transfer of ownership — liquor permit (R 536-15) ...... 642 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Rental of League Park Baseball Field and League Park Visitors Center; Fee — enact Section 131.37 — amend Section 131.35 (O 20-15)...... 643 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 632 St. Clair Ave., 6718 — withdraw objection to issuance — repeal Res. 361-15 — liquor permit (R 543-15) ...... 643 Superior Ave., 3700 (#E) — objection to issuance — liquor permit (R 535-15) ...... 642

Ward 08

Eddy Rd., (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 517-15) ...... 631 Eppich, Sister Barbara — Congratulations (R 556-15) ...... 626 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 09

Al’s Deli Project — job creation — Alphonso Mitchum — agreement — Economic Development (Ward 09 CRF) (O 541-15) ...... 641 Crawford Building Project — Tonda Lanton — job creation — agreement — Economic Development (Ward 09 CRF) (O 539-15) ...... 641 East Blvd. (between Euclid Ave. and Bellflower Rd.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office — City Planning Commission (Ward 09) (O 450-15) ...... 644-T Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625

Ward 10

Lake Shore Bank / CPL St. Clair Branch Bldg. — St. Clair Ave., 5404 and East 55th St., 1368 — PPN 104-12-001 / 040 — designate as landmark — City Planning Commission — Landmarks Commission (O 531-15)...... 638 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 St. Clair Ave., 10929 — objection to transfer of ownership — liquor permit (R 534-15) ...... 642 St. Clair Ave., 18506 — stock application — liquor permit (F 513-15) ...... 625 St. Clair Ave., 7513 — objection to transfer of liquor license — liquor permit (R 533-15) ...... 641

Ward 11

Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640 Tom Pallas Industries, Inc., — contract — economic development assistance — Building located at West 110th St., 2040 — VPI (O 522-15) ...... 635

Ward 12

Harvard Ave., 5612 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 909-13 — liquor permit (R 494-15) ...... 651 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Sinclair, Martin “ Marty “ — Congratulations (R 553-15)...... 626

Ward 13

Broadview Rd.,., 4852 — transfer of ownership application — liquor permit (F 512-15) ...... 625 Earnhart, Kayla — Congratulations (R 550-15) ...... 626 Memphis Ave., 5741 — withdraw objection to transfer of ownership — repeal Res. 116-15 — liquor permit (R 497-15) ...... 652 Memphis Ave., 7210 — transfer of ownership application — liquor permit (F 511-15)...... 625 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Sasso, Ruth Robertson — Congratulations (R 549-15) ...... 625 White, Meghan — Congratulations (R 551-15) ...... 626

Ward 14

Cinco de Mayo — 2015 — Recognition (R 557-15) ...... 626 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 West 25th St., 3474 — objection to issuance — liquor permit (R 496-15) ...... 651 665 44 The City Record May 6, 2015

Ward 15

Cinco de Mayo — 2015 — Recognition (R 557-15) ...... 626 (Northeast corner) of Madison Ave. and West 117th St. — changing setback lines from 5' to a 0' — City Planning Commission (Ward 15) (O 458-15) ...... 650 (Northeast corner) of Madison Ave., and West 117th St. — change Use, Area and Height Districts — City Planning Commission (Ward 15) (O 457-15) ...... 650 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Rite Aid Cleveland 2015 Marathon, Half Marathon 10K and 5K — May 17 (Ward(s) 03, 11, 15) (O 538-15) ...... 640

Ward 16

Bellaire-Puritas Design Review District — Lorain Ave., (between W. 140th St. and W. 123rd St.) — City Planning Commission (O 532-15) ...... 638 Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 633

Ward 17

Perry, Jr., Bishop F. E. (Floyd Eugene) — Condolence (R 558-15) ...... 625 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 520-15) ...... 633 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 633 Lorain Ave., and West 150th St. (southeast corner) — change Use, Area and Height Districts — City Planning Commission (O 249-15) ...... 650

Zoning

Bellaire-Puritas Design Review District — Lorain Ave., (between W. 140th St. and W. 123rd St.) — City Planning Commission (Ward 16) (O 532-15)...... 638 Lorain Ave., and West 150th St. (southeast corner) — change Use, Area and Height Districts — City Planning Commission (Ward 17) (O 249-15)...... 650 (Northeast corner) of Madison Ave. and West 117th St. — changing setback lines from 5' to a 0' — City Planning Commission (Ward 15) (O 458-15) ...... 650 (Northeast corner) of Madison Ave., and West 117th St. — change Use, Area and Height Districts — City Planning Commission (Ward 15) (O 457-15) ...... 650

666