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

April 23, 2021

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

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

Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall April 23, 2021 The City Record 1

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 2 Communications 3 Ordinances and Resolutions First Reading Emergency Ordinances Referred 4 First Reading Emergency Resolutions Referred 12 First Reading Emergency Resolutions Read in Full and Adopted 15 Second Reading Emergency Ordinances Passed 21 Adjournment 37 Council Committee Meetings 38 Board of Control 39 Civil Service 60 Schedule of the Board of Zoning Appeals 61 Report of the Board of Zoning Appeals 65 Agenda of the Board of Building Standards and Building Appeals 67 Public Notice 71 City of Cleveland Bids 73 Adopted Resolutions and Passed Ordinances 78 Directory of City Officials City Council 94 Permanent Schedule — Standing Committees of Council 95 City Departments 96 Cleveland Municipal Court 101 City Links 102

Table of Contents April 23, 2021 The City Record 2

Official Proceedings City Council

Cleveland, Ohio Monday, April 19, 2021

This council meeting is being held during the COVID-19 emergency declaration and is being conducted as a virtual meeting in accordance with Ohio’s Open Meetings Laws as amended by H.B. 404. Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings is waived for this and any other virtual council meetings held under amended H.B. 404.

The meeting of the Council was called to order at 3:18 p.m. with the President of Council, Kevin J. Kelley, in the Chair.

Council Members present: Anthony Brancatelli, Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. Johnson, Brian Kazy, Kevin J. Kelley, Kerry McCormack, Brian Mooney, Michael D. Polensek, Jasmin Santana, Charles Slife.

MOTION

Council Members paused for a moment of silent reflection, and the Pledge of Allegiance.

MOTION

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

Official Proceedings – City Council April 23, 2021 The City Record 3

Communications

File No. 256-2021 #0355980. New License Application, D3 D3A. Baba Stojna Enterprises LLC, 7934 Lorain Avenue (Ward 15). Received.

File No. 257-2021 #83594800001. Transfer of Location Application, D3. Sol Services LLC, 5601 Tillman Avenue (Ward 15). Received.

File No. 258-2021 #9182823. New License Application, C1. U & M Management LLC, 7527 Union Avenue (Ward 6). Received.

File No. 259-2021 #2725078. Transfer of Ownership Application, D5 D6. Filter Restaurant Experience LLC, 740 West Superior Avenue (Ward 3). Received.

File No. 260-2021 #24345110005. Transfer of License Application, C1 C2. E81st Foods, Inc., 8035 Superior Avenue (Ward 7). Received.

File No. 261-2021 #5958177. Transfer of Ownership Application, C1. Mikes 9402 Ltd., 9402 Lorain Avenue (Ward 14). Received.

Communications Official Proceedings – City Council April 23, 2021 The City Record 4

Ordinances and Resolutions

First Reading Emergency Ordinances Referred

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

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

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

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

These ordinances were read for the first time on April 19, 2021 and referred to the appropriate City departments and Council Committees for review.

Click on an ordinance below to read it:

Ord. No. 262-2021

Ord. No. 263-2021

Ord. No. 264-2021

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Ordinance No. 262-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Works to enter into one or more concession agreements for the operation of a first-class food and beverage service in the Public Auditorium and Conference Center, for a period not to exceed three years, with two one-year options to renew, exercisable by the Director of Public Works.

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

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

Section 1. That notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Director of Public Works is authorized to enter into one or more concession agreements on the basis of competitive proposals, for the operation of a first-class food and beverage service in the Public Auditorium and Conference Center, for a period not to exceed three years, with two one-year options to renew, exercisable by the Director of Public Works. The selection of the concessionaire or concessionaires shall be made by the Board of Control on the nomination of the Director of Public Works.

Section 2. That the concession agreements authorized shall be prepared by the Director of Law.

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

Referred to the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

First Reading Emergency Ordinances Referred Ord. No. 262-2021 Official Proceedings – City Council April 23, 2021 The City Record 6

Ordinance No. 263-2021

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

An emergency ordinance giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Spring Road from Broadview Road to Jennings Road; to apply for and accept an allocation of County Motor Vehicle License Tax Funds for the improvement; and authorizing the Director of Capital Projects to enter into one or more contracts for the construction, and any other necessary agreements for the making of the improvement.

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

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

Section 1. Consent. That it is declared to be in the public interest that the consent of the City of Cleveland is given to the County of Cuyahoga (the “County”) to participate in the cost of construction to resurface Spring Road from Broadview Road to Jennings Road, County Project ID No. 1306 (the “Improvement”).

Section 2. Cooperation.

(a) That the City will cooperate with the County in the Improvement.

(b) That the City will arrange for the preparation of construction plans and specifications, including necessary engineering reports for the improvements to conform to generally accepted engineering practices and principles.

(d) That the County will review the construction plans, estimate, specifications and bid proposal for conformance with this ordinance. County approval of these documents are required prior to the advertisement of the construction contract. The County will make an inspection of the completed Improvement.

(e) That the City shall agree to provide the County with a complete set of as-built plans upon the completion of the Improvement.

Section 3. Funding.

(a) That the City agrees to participate with the County in the cost of the Improvement by an allocation from the County Motor Vehicle License Tax

First Reading Emergency Ordinances Referred Ord. No. 263-2021 Official Proceedings – City Council April 23, 2021 The City Record 7

Fund to pay the County portion of the project; and by applying to the County to use the License Tax Funds for the Improvement.

(b) That the County shall contribute fifty percent (50%) of the actual cost of construction which is determined to be eligible by the Cuyahoga County Engineer’s policies up to a maximum of $250,000.

(c) In the event the City secures additional funding for the Improvement, County’s financial contribution and the supplemental funding cannot exceed the total actual cost of the Improvement.

(d) The anticipated construction cost for the Improvement is $630,000. To determine funding eligibility, the county shall be notified of any significant changes to the scope of work and/or construction cost.

Section 4. Maintenance. That upon completion of the Improvement, the City will keep the highway open to traffic at all times; and

(a) Maintain the Improvement in accordance with the provisions of the statutes relating thereto and make ample financial provisions for the maintenance;

(b) Maintain the right-of-way and keep it free of obstructions in a manner satisfactory to the County and hold the right-of-way inviolate for public highway purposes and permit no signs, posters, billboards, roadside stands or other private installations within the right-of-way limits;

(c) That the County shall continue to maintain the structural elements of any bridge (defined as a structure with a span of twenty feet or greater) located within the limits of the Improvement under the applicable sections of the Revised Code; and

(d) After construction of the Improvement is complete, the City agrees to follow and maintain post-construction Best Management Practices as outlined in the Municipal Storm Water Permit that is filed with the Ohio Environmental Protection Agency.

Section 5. Traffic. That on completion of the Improvement, the City will keep the highway open to traffic at all times; and

(a) Place and maintain all traffic control devices conforming to the Ohio Manual of Uniform Traffic Control Devices on the Improvement in compliance with the provisions of Section 4511.11 of the Revised Code and other related sections of the Revised Code;

(b) That the street or highway within the limits of the Improvement is designated a through highway as provided in division (A)(6) of Section 4511.07 of the Revised Code;

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(c) That, if applicable, stop signs affecting the movement of traffic on the street or highway within the Improvement shall be removed, and no stop signs shall be erected on same except at its intersection with another through highway where traffic does not warrant the installation of a traffic control signal but where the warrants for a “Four-Way Stop” as provided in the above-mentioned Manual are met;

(d) That no rule or regulation shall be enacted restricting the use of the Improvement by any class of vehicle or vehicle load permitted by the Revised Code to use a public highway. Any existing rule or regulation so restricting road usage is rescinded; and

(e) The City shall regulate parking in the following manner: Prohibit parking under Section 4511.66 of the Revised Code unless otherwise controlled by local ordinance or resolution.

Section 6. Right-of-Way.

(a) That all existing street and public right-of-way within the City which is necessary for the Improvement shall be made available.

(b) That in the event any additional right-of-way is required for the Improvement the City will arrange for the acquisition.

Section 7. Utilities.

(a) That the City will make arrangements with and obtain arrangements from all privately-owned public utility companies whose lines or structures will be affected by the Improvement, and the companies have agreed to make any and all necessary rearrangements in such a manner as to be clear of any construction called for by the plans for the Improvement, and the companies have agreed to make necessary rearrangements immediately after notification by the City.

(b) That the County will participate in the costs of alterations of governmentally owned utility facilities which come within the provisions of Section 8301 (Utility Reimbursement Eligibility) of the Ohio Department of Transportation’s Real Estate Policies and Procedures Manual to the same extent that it participates in the other costs of the Improvement, provided, however, that such participation will not extend to any additions or betterments of existing facilities.

(c) That it is agreed that the City shall, at its own expense, make all rearrangements of governmentally owned utilities and/or appurtenances thereto which do not comply with the Provisions of Section 8301 (Utility Reimbursement Eligibility) of the Ohio Department of Transportation’s Real Estate Policies and Procedures

First Reading Emergency Ordinances Referred Ord. No. 263-2021 Official Proceedings – City Council April 23, 2021 The City Record 9

Manual, whether inside or outside the corporate limits, as may be necessary to conform to the Improvement.

(d) That the construction, reconstruction and/or rearrangement of all utilities shall be done in a manner as not to interfere unduly with the operations of the contractor or contractors constructing the Improvement, and all backfilling of trenches made necessary by utility rearrangement shall be performed under the provisions of the ODOT Construction and Material Specifications.

Section 8. Miscellaneous.

(a) That if the City includes the construction of sanitary sewers, waterlines, area sewers (drainage of area surrounding the Improvement), alternate bid items, or other items in the improvement that are in addition to those now existing and not provided for elsewhere in this ordinance, the City agrees to pay, or make arrangements for the payment of, the cost of said additional construction, the cost of preliminary and design engineering and construction supervision.

(b) For matters relating to this Improvement, the agent for the County and liaison officer on the matter contained herein shall be the County Engineer of Cuyahoga County, Ohio, and/or such members of his staff as he may designate.

(c) By enacting the ordinance, the City agrees to conduct this transaction by electronic means and agrees that all documents requiring County signatures may be executed by electronic means, and that the electronic signatures affixed by the County to said documents shall have the same legal effect as if that signature was manually affixed to a paper version of the document. The City also agrees on behalf of the aforementioned entities and persons to be bound by the provisions of Chapters 304 and 1306 of the Ohio Revised Code as they pertain to electronic transactions, and to comply with the electronic signature policy of the Cuyahoga County.

Section 9. That the Director of Capital Projects is authorized to apply to the County for an allocation from the County Motor Vehicle License Tax Fund to pay the County portion of the Improvement.

Section 10. That the Director of Capital Projects is authorized to enter into any agreements with the County or any other entity necessary to implement and complete the Improvement.

Section 11. That this Council authorizes the City’s share of the Improvement, which is currently estimated to be $450,000, payable from Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, 20 SF 592, 20 SF 597, from the fund or funds to which are credited the proceeds from the sale of bonds, if the City sells such bonds, authorized by Ordinance No. 160-2021, passed March 22, 2021, if issued for this purpose, and from any fund or funds approved by the Director of Finance. (RQS 0103, RLA 2021-31)

First Reading Emergency Ordinances Referred Ord. No. 263-2021 Official Proceedings – City Council April 23, 2021 The City Record 10

Section 12. That the Clerk of Council is directed to transmit to the County three (3) certified copies of this ordinance immediately on its taking effect.

Section 13. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

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

First Reading Emergency Ordinances Referred Ord. No. 263-2021 Official Proceedings – City Council April 23, 2021 The City Record 11

Ordinance No. 264-2021

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing payment of membership dues of the City of Cleveland in Global Cleveland for 2021.

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

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

Section 1. That the Director of Finance is authorized to cause payment of membership dues of the City of Cleveland in the amount of $125,000 to be made to Global Cleveland for 2021, from funds approved by the Director of Finance.

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

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

First Reading Emergency Ordinances Referred Ord. No. 264-2021 Official Proceedings – City Council April 23, 2021 The City Record 12

Ordinances and Resolutions

First Reading Emergency Resolutions Referred

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

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

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

These resolutions were read for the first time on April 19, 2021, and referred to the appropriate City departments and Council Committees for review.

Click on a resolution below to read it:

Res. No. 265-2021

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Resolution No. 265-2021

By Council Members: B. Jones, Cleveland, McCormack, Brancatelli and Kelley (by departmental request)

An emergency resolution appointing an assessment equalization board to hear objections to estimated assessments with respect to the continuation of The Cleveland Superior Arts Improvement District and the comprehensive services plan for the District, and declaring an emergency.

WHEREAS, by Resolution No. 780-2020, adopted February 3, 2021, this Council approved the continuation of The Cleveland Superior Arts Improvement District (the “District”); accepted petitions from owners of property in the District; approved a new plan for public services; declared it necessary to provide safety, cleaning and other services for the District; and provided for the assessment of the cost of such work upon benefited property in the District; and

WHEREAS, under the above resolution the estimated assessments for the improvement have been prepared and placed on file in the office of the Clerk of Council as File No. 780-2020-A; and

WHEREAS, notice of the adoption of the resolution and of the filing of the estimated assessments will be duly served on all property owners to be assessed in the manner provided by law; and

WHEREAS, written objections to the estimated assessments may be filed by one or more property owners; and

WHEREAS, under Section 727.16 of the Revised Code, this Council shall appoint an assessment equalization board to hear objections to the proposed assessment by affected landowners, and shall fix the time and place for the hearing by such board of such objections, and the Clerk of Council shall notify, by certified mail, the persons so objecting, of the time and place of such hearing; and

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

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

Section 1. That Robert Cahill, Samir Mohammad and Grayson Sieg, three disinterested freeholders of the City, and Norma Polanco-Boyd and Katherine Zucca, two alternate disinterested freeholders of the City, are appointed as an assessment equalization board to hear and determine all written objections filed under the law to the estimated assessments heretofore filed with the Clerk of Council under Resolution No. 780-2020.

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Section 2. That the assessment equalization board shall meet at 1:00 p.m. on Thursday, May 20, 2021, remotely, for the purpose mentioned above, and upon completion of the hearing and any adjournments, shall report its recommendations to this Council, including any changes which should be made in the estimated assessments.

Section 3. That the Clerk of Council is authorized and directed to notify, or cause to be notified, by certified mail, each person who has timely filed written objection to the estimated assessments. Such notice shall state the time, date and place of the hearing of the assessment equalization board and shall be mailed at least five days before the date of such hearing.

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

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

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Ordinances and Resolutions

First Reading Emergency Resolutions Read in Full and Adopted

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

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

These resolutions were read for the first time on April 19, 2021, the rules were suspended, and the legislation was adopted by an affirmative two-thirds vote of all members elected to Council.

Click on a resolution below to read it:

Res. No. 266-2021

Res. No. 267-2021

Res. No. 268-2021

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Resolution No. 266-2021

By Council Member: Bishop

An emergency resolution objecting to a New C1 Liquor Permit at 9305 Miles Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Odat Food Mart, Inc., DBA Convenience Food Plus, 9305 Miles Avenue, Cleveland, Ohio 44105, Permit No. 6483986; and

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

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

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

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

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

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

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

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

Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Odat Food Mart, Inc., DBA Convenience Food Plus, 9305 Miles Avenue, Cleveland, Ohio 44105, Permit No. 6483986; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 266-2021 Official Proceedings – City Council April 23, 2021 The City Record 17

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

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

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

The rules were suspended. Yeas 12. Nays 0. Read second time. Read third time in full. Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 266-2021 Official Proceedings – City Council April 23, 2021 The City Record 18

Resolution No. 267-2021

By Council Member: Johnson

An emergency resolution objecting to a New C2 Liquor Permit at 11511 Kinsman Road.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New C2 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar, #8938, 11511 Kinsman Road, Cleveland, Ohio 44104, Permit No. 26312750685; and

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

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

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

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

Section 1. That Council does hereby record its objection to a New C2 Liquor Permit at Family Dollar Stores of Ohio, Inc., DBA Family Dollar, #8938, 11511 Kinsman Road, Cleveland, Ohio 44104, Permit No. 26312750685; and requests the Superintendent of

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 267-2021 Official Proceedings – City Council April 23, 2021 The City Record 19

Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

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

The rules were suspended. Yeas 12. Nays 0. Read second time. Read third time in full. Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 267-2021 Official Proceedings – City Council April 23, 2021 The City Record 20

Resolution No. 268-2021

By Council Member: Brancatelli

An emergency resolution withdrawing objection to a New D3 Liquor Permit at 3312 Broadview Road and repealing Resolution No. 207-2020 objecting to said permit.

WHEREAS, this Council objected to a New D3 Liquor Permit to Mon Frere, LLC, 3312 Broadview Road, Cleveland, Ohio 44109, Permit No. 6098745 by Resolution No. 207- 2020, adopted by the Council on February 10, 2020; and

WHEREAS, this Council wishes to withdraw its objection to the above permit and consents to said permit; and

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

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

Section 1. That objection to the New D3 Liquor Permit ton M Fo rere, LLC, 3312 Broadview Road, Cleveland, Ohio 44109, Permit No. 6098745, be and the same is hereby withdrawn, and Resolution No. 207-2020, containing such objection, be and the same is hereby repealed, and that this Council consents to the immediate permit thereof.

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

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

The rules were suspended. Yeas 12. Nays 0. Read second time. Read third time in full. Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

First Reading Emergency Resolutions Read in Full and Adopted Res. No. 268-2021 Official Proceedings – City Council April 23, 2021 The City Record 21

Ordinances and Resolutions

Second Reading Emergency Ordinances Passed

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

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

These ordinances were read for the second time on April 19, 2021, the rules were suspended, and the legislation was passed by an affirmative two-thirds vote of all members elected to Council.

Click on an ordinance below to read it:

Ord. No. 534-2020 Ord. No. 208-2021

Ord. No. 99-2021 Ord. No. 209-2021

Ord. No. 102-2021 Ord. No. 226-2021

Ord. No. 130-2021 Ord. No. 229-2021

Ord. No. 148-2021 Ord. No. 243-2021

Ord. No. 198-2021 Ord. No. 244-2021

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Ord. No. 246-2021

Ord. No. 248-2021

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Ordinance No. 534-2020

By Council Members: Hairston, Johnson and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Works to enter into one or more Concession Agreements for the operation of a food and beverage concession at Collinwood Athletic Complex, for the Department of Public Works, for a period of one year with two one-year options to renew, exercisable by the Director of Public Works.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

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Ordinance No. 99-2021

By Council Members: Johnson and Kelley (by departmental request)

An emergency ordinance to amend Section 133.29 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 503-08, passed April 13, 2009, relating to golf course rates.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

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Ordinance No. 102-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Safety to enter into one or more contracts with the International Association of Chiefs of Police to conduct training through a Faculty Development Workshop and to provide mentoring and instruction through Leadership in Police Organization training, for the Division of Police, Department of Public Safety.

Approved by the Directors of Public Safety; Finance; and Law; Committees on Safety; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 102-2021 Official Proceedings – City Council April 23, 2021 The City Record 26

Ordinance No. 130-2021

By Council Members: McCormack and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Public Health to enter into one or more contracts with Merrick House to provide MomsFirst services to women at risk of poor birth outcomes on the west side of Cleveland, for a period of one year.

Approved by the Directors of Public Health; Finance; and Law; Committees on Health and Human Services; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 130-2021 Official Proceedings – City Council April 23, 2021 The City Record 27

Ordinance No. 148-2021

By Council Members: Griffin and Kelley (by departmental request)

An emergency ordinance authorizing the Executive Director of the Community Relations Board to apply for and accept a grant from the Cuyahoga County Court of Common Pleas, Juvenile Division, to conduct the 2021 Cleveland Community Diversion Program.

Approved by the Directors of Community Relations Board; Finance; and Law; Committees on Safety; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 148-2021 Official Proceedings – City Council April 23, 2021 The City Record 28

Ordinance No. 198-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more requirement contracts of rock salt, for the Division of Streets, Department of Public Works, for a period of one year.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 198-2021 Official Proceedings – City Council April 23, 2021 The City Record 29

Ordinance No. 208-2021

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

An emergency ordinance authorizing the Director of Public Works to enter into an agreement with the State of Ohio, Department of Transportation to maintain, repair and plow the Jennings Freeway in exchange for road salt, for a period of two years, with three one-year options to renew, exercisable by the Director of Public Works.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 208-2021 Official Proceedings – City Council April 23, 2021 The City Record 30

Ordinance No. 209-2021

By Council Members: B. Jones, Brancatelli and Kelley (by departmental request)

An emergency ordinance authorizing the Director of Economic Development to enter into contract with Inspirion Group, LTD, or its designee, to provide economic development assistance to partially finance the development of the Addis View apartments at Chester Avenue and East 90th Street, and other associated costs necessary to redevelop the property.

Approved by the Directors of Economic Development; Finance; and Law; Committees on Development, Planning and Sustainability; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 209-2021 Official Proceedings – City Council April 23, 2021 The City Record 31

Ordinance No. 226-2021

By Council Members: B. Jones, Bishop and Kelley (by departmental request)

An emergency ordinance to amend Sections 2 and 10 of Ordinance No. 822- 2020, passed December 9, 2020, relating to the East 66th Street Roadway Improvement Project.

Approved by the Directors of Capital Projects; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 226-2021 Official Proceedings – City Council April 23, 2021 The City Record 32

Ordinance No. 229-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the purchase by one or more requirement contracts for the transfer and disposal of tires, for the Division of Waste Collection and Disposal, Department of Public Works, for a term of two years.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 229-2021 Official Proceedings – City Council April 23, 2021 The City Record 33

Ordinance No. 243-2021

By Council Member: Kelley (by departmental request)

An emergency ordinance to amend Section 50 of Ordinance No. 194-2021, passed March 29, 2021, relating to compensation for various classifications.

Approved by the Directors of Human Resources; Finance; and Law; Committee on Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 243-2021 Official Proceedings – City Council April 23, 2021 The City Record 34

Ordinance No. 244-2021

By Council Members: Bishop and Kelley (by departmental request)

An emergency ordinance authorizing the Directors of Finance and Public Works to enter into one or more concession agreements for the operation of soft drink, candy, snack and other vending machines throughout various parks and various City-owned and City-leased buildings, for a period not to exceed two years, with a one-year option to renew, exercisable by the Directors of Finance and Public Works; and to extend the existing concession agreements for a period up to six months or until such earlier time as new concession agreements are entered into under this ordinance.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 244-2021 Official Proceedings – City Council April 23, 2021 The City Record 35

Ordinance No. 246-2021

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

An emergency ordinance authorizing the Director of Public Works to enter into a grant agreement with West Denison Baseball Leagues, Inc. to provide free or reduced-cost recreational youth baseball and softball, including equipment if necessary, for a period of one year.

Approved by the Directors of Public Works; Finance; and Law; Committees on Municipal Services and Properties; and Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 246-2021 Official Proceedings – City Council April 23, 2021 The City Record 36

Ordinance No. 248-2021

By Council Member: Kelley (by departmental request)

An emergency ordinance approving the collective bargaining agreement with the International Longshoremen Association, Local 1317; and to amend Section 19 of Ordinance No. 194-2021, passed March 29, 2021, relating to compensation for various classifications.

Approved by the Directors of Human Resources; Finance; and Law; Committee on Finance.

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

The rules were suspended. Yeas 12. Nays 0.

Read second time.

Read third time in full.

Adopted. Yeas 12. Nays 0.

Voting Yea: Brancatelli, Conwell, Griffin, Hairston, Johnson, Kazy, Kelley, McCormack, Mooney, Polensek, Santana, and Slife.

Voting Nay: None.

Absent: Bishop, Cleveland, B. Jones, J. Jones, Spencer.

Second Reading Emergency Ordinances Passed Ord. No. 248-2021 Official Proceedings – City Council April 23, 2021 The City Record 37

Official Proceedings Adjournment City Council

Cleveland, Ohio Monday, April 19, 2021

MOTION

On the motion of Council Member Griffin, the absences of Council Members Kevin L. Bishop, Phyllis E. Cleveland, Basheer S. Jones and Jenny Spencer are hereby authorized. Seconded by Council Member Santana.

MOTION

The Council Meeting adjourned at 3:4o p.m. to meet in a virtual meeting on Monday, April 26, 2021, and will be immediately following a Finance Committee meeting, which will start at 2:00 p.m.

Patricia J. Britt City Clerk, Clerk of Council

Adjournment Official Proceedings – City Council April 23, 2021 The City Record 38

Council Committee Meetings

The following committee meetings were held during the City of Cleveland's COVID-19 emergency declaration and conducted as virtual meetings, in accordance with Ohio's Open Meetings Laws as amended by Sub. H.B 197. The public was able to observe these meetings live on YouTube (broadcast online) and on Cleveland Channel 20 (broadcast online and on local government access cable television).

Monday, April 19, 2021 9:30 a.m.

Municipal Services and Properties Committee Present: Bishop, Chair; J. Jones, Vice Chair; Brancatelli, Hairston, Kazy, Mooney

2:00 p.m.

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

Council Committee Meetings April 23, 2021 The City Record 39

Board of Control

Wednesday, April 21, 2021

The meeting of the Board of Control convened in the Mayor's office on Wednesday, April 21, 2021 at 10:53 a.m. with Director Langhenry presiding.

Members Present: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Absent: Mayor Jackson, Director Dumas

Others Present: Tiffany White-Johnson, Commissioner Purchases & Supplies

Melissa Burrows, Director Office of Equal Opportunity

Edna West, PC Technician Information Technology & Services

Steven Decker, Assistant Director of Law Law Department

The Acting Secretary informed the Board that a bidder for the public improvement of Bridge Deck Repair 2020, Phase 2, had submitted an objection to the resolution recommended by Rec. No. 33-21. Discussion was held. On motions, the resolutions attached were adopted, except as may be otherwise noted.

There being no further business, the meeting was adjourned at 11:03 a.m.

Stephanie Melnyk Acting Secretary – Board of Control

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 40

Resolution No. 134-21 Adopted 4/21/21 By Director Dumas

WHEREAS, division (c) of Section 181.102 of the Codified Ordinances of Cleveland, Ohio, 1976, ("C.O.") authorizes a director to execute one or more license agreements for software needed to implement or maintain a previously acquired software system directly with the software licensing firm; and

WHEREAS, division (d) of Section 181.102 C.O. authorizes a director to enter into an agreement with a software vendor for professional services necessary to implement or maintain software products, including but not limited to maintenance, repair, upgrades, enhancements and technical support; and

WHEREAS, under the authority of Section 181.102 C.O., the City intends to enter into a Contract with Novarum, Inc. to continue to obtain the professional maintenance and technical support services necessary to maintain, repair, restore and support services for Ward 13 and Public Auditorium Wi-Fi equipment and networks acquired under Contract No. PS2010-249, for the one-year term starting May 1, 2021; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that, under the authority of division (e) of Section 181.102 C.O., the compensation to be paid under the prospective contract with Novarum, Inc. for maintenance, repair, restoration and support services for Ward 13 and Public Auditorium Wi-Fi equipment and networks for the one-year term starting May 1, 2021, shall not exceed $125,771.00.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 41

Resolution No. 135-21 Adopted 4/21/21 By Director Dumas

REQUIREMENT CONTRACT

RESOLVED, by the BOARD of CONTROL of the CITY of CLEVELAND, that all bids received on January 21, 2021, for an estimated quantity of Citywide Electrical Supplies, for the Department of Finance for various divisions of City government, under authority of Ordinance No. 1420-2019 passed November 25, 2019, be rejected.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 42

Resolution No. 136-21 Adopted 4/21/21 By Director Dumas

REQUIREMENT CONTRACT

RESOLVED, by the BOARD of CONTROL of the CITY of CLEVELAND,

All bids received on March 10, 2021, for an estimated quantity of Labor and Materials Necessary to Install, Recharge, Replace and Test Fire Extinguishers for the Department of Finance, for various divisions of City government, under authority of division (a) (21) of Section 181.101 C.O passed June 02, 2008, be rejected.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 43

Resolution No. 137-21 Adopted 4/21/21 By Director Keane

BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Section 129.294 of the Codified Ordinances of Cleveland Ohio, 1976, Consulting Engineering Inc. is selected from a list of firms determined after a full and complete canvass by the Director of Public Utilities as the firm to be employed by contract to provide professional consulting services for Leak Detection Services Phase II, and other services including, but not limited to, performing a leak detection survey on half of the Cleveland water system, including potable water mains in direct service suburbs, for a period of two years, for the Division of Water, Department of Public Utilities.

BE IT FURTHER RESOLVED that the Director of Public Utilities is authorized to enter into a contract with Consulting Engineering Inc. based upon its proposal dated January 7, 2021, which contract shall be prepared by the Director of Law, shall provide that the compensation for the professional services described in the proposal shall not exceed $640,750.00, and shall contain such other provisions as the Director of Law deems necessary to protect and benefit the public interest.

BE IT FURTHER RESOLVED that the employment of the following subconsultants by Consulting Engineering Inc. for the above-mentioned professional services is approved:

Subconsultant Work Percentage

Utilis Corporation (non-certified) $250,000.00 0.0% Electro Scan Inc. (non-certified) $47,000.00 0.0%

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 44

Resolution No. 138-21 Adopted 4/21/21 By Director Keane

REQUIREMENT CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of

Ohio Machinery Co. dba Ohio CAT for an estimated quantity of labor and materials for maintenance of backup generators, components, appurtenances, fuel testing, fuel conditioning, and recycling, Group 1, all items, for the various Divisions of the Department of Public Utilities, for a period of two years starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on March 4, 2021, under the authority of Ordinance No. 665-2020, passed November 18, 2020, which on the basis of the estimated quantity would amount to $526,772.00 (0% ), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.

The REQUIREMENT contract shall further provide that the Contractor shall furnish all the City's requirements for such goods and/or services, whether more or less than the estimated quantity, as may be ordered under delivery orders separately certified to the contract.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 45

Resolution No. 139-21 Adopted 4/21/21 By Director Keane

REQUIREMENT CONTRACT

BE IT RESOLVED by the BOARD of CONTROL of the CITY of CLEVELAND that the bid of

Warner Diesel Filtration, LLC

for an estimated quantity of labor and materials for maintenance of backup generators, components, appurtenances, fuel testing, fuel conditioning, and recycling, Group 2, all items, for the various Divisions of the Department of Public Utilities, for a period of two years starting upon the later of the execution of a contract or the day following expiration of the currently effective contract for the goods or services, received on March 4, 2021, under the authority of Ordinance No. 665-2020, passed November 18, 2020, which on the basis of the estimated quantity would amount to $30,250.00 (0%), is affirmed and approved as the lowest and best bid, and the Director of Public Utilities is requested to enter into a REQUIREMENT contract for the goods and/or services necessary for the specified items.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 46

Resolution No. 140-21 Adopted 4/21/21 By Director Spronz

WHEREAS, in the best interest of the City, to promote and protect the general health, safety and welfare of all residents, visitors and participants during the 2021 NFL Draft and related events ("the Draft") occurring from April 29, 2021 through May 1, 2021, by facilitating the safe and orderly movement of vehicular and pedestrian traffic as well as preserving the aesthetic qualities of the Central Business District, the Board of Control by Resolution No. 118-21, adopted March 31, 2021 under the authority of Section 697 A.04, Codified Ordinances of Cleveland, Ohio, 1976 ("C.O."), established Zones 1A and 1 B, Zone 3, and Zone 4 in the Central Business District and approved certain Regulations promulgated by the Director of Capital Projects to regulate the sale and distribution of goods, wares and merchandise on public rights-of-way and public property in those zones; and

WHEREAS, because of the expected increase in pedestrian and vehicular traffic during the Draft, to meet the need to restrict access to certain areas of the City and to preserve the aesthetic qualities of the Central Business District, the Director of Capital Projects, under C.O. Section 697A.04, desires to supplement the Regulations approved in Resolution No. 118-21, by promulgating regulations establishing Zone 2 to comprise, without limitation, the area described in new Regulation II. J and shown in the map incorporated as Exhibit "A", and in Zone 2: prohibiting the distribution of free samples of commercial goods, wares, or merchandise; limiting the size of vendor signage; and prohibiting the display of vendor signage without a permit, all for the duration of the Draft; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that Board of Control Resolution No. 118-21, adopted March 31, 2021, is amended by adding new Sections 11.J, V.A. 26, V.B., and VIII to the Regulations promulgated by the Director of Capital Projects and approved in Resolution No. 118-21 as follows, and by renumbering existing Sections VIII and IX as Sections IX and X respectively:

II. J. From April 29, 2021, through May 1, 2021, Zone 2 shall mean the following: the area including Lakeside Avenue from East 9th Street to West 3rd Street to include the South sidewalk; all areas to the north of Lakeside Ave. between East 9th Street and West 6th to include Mall C, the Free Stamp, Willard Garage, Huntington Park and Garage, North Coast Harbor, Voinovich Park, First Energy Stadium, The Rock and Roll Hall of Fame, the Great Lakes Science Center, and any City-owned facilities adjacent to these areas as shown and outlined on the "NFL Draft Site Map" below;

V.A. 26. No vendor shall sell goods, wares or merchandise containing counterfeit trademarks.

VI.A. Under C.O. Section 697 A.99, whoever violates any provision of these

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 47

Regulations is guilty of a minor misdemeanor. If the violator persists after reasonable warning or request to desist, the violation of these rules and regulations is a misdemeanor of the third degree. All tangible property associated with unauthorized commercial activity, including the display of signage without a permit, shall be subject to impoundment.

VIII, During the Draft, the following regulations shall apply in Zone 2:

i. No person shall distribute or otherwise offer free of charge, commercial goods, wares, or merchandise without a permit issued by the City for this Major Qualifying Event. ii. No person shall erect or display a sign without a permit as required under C.O. Section 350.04.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 48

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 49

Resolution No. 141-21 Adopted 4/21/21 By Director Spronz

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND,

that the bid of Becdir Construction Company for the public improvement of Bridge Deck Repair 2020, Phase 2, for the Division of Engineering and Construction, Office of Capital Projects, received on February 17, 2021, under the authority of Ordinance No. 626-17, passed by Cleveland City Council on June 5, 2017, passed on upon a unit basis for the improvement, in the aggregate amount of $301,404.55, is affirmed and approved as the lowest responsible bid, and the Director of Capital Projects is authorized to enter into contract for the improvement with the bidder.

BE IT FURTHER RESOLVED that the employment of the following subcontractor by Becdir Construction Company for the above-mentioned public improvement is approved:

Subcontractor Work Percentage

Trafftech, Inc. (CSB) $31,645.00 10.5%

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 50

Resolution No. 142-21 Adopted 4/21/21 By Director Spronz

PUBLIC IMPROVEMENT CONTRACT

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that the bid of

Millstone Management Group

for the public improvement of the Thurgood Marshall Recreation Center Architectural, Mechanical, Electrical and Plumbing Improvements, Base Bid Items A through F, and Alternate Items 2, 4, and 8, for the Office of Capital Projects, received on December 17, 2020, under the authority of Ordinance No. 648-18 passed June 4, 2018, upon a gross price basis for the improvement in the aggregate amount of $455,245.00, is affirmed and approved as the lowest responsible bid, and the Director of the Office of Capital Projects is authorized to enter into contract with the bidder.

BE IT FURTHER RESOLVED, by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Millstone Management Group is hereby approved:

Subcontractor Work Percentage

Ullman Electric (MBE) $51,750.00 11.4% Synergy LLC (FBE) $45,600.00 10.0% McGarry & Sons (CSB) $8,000.00 1.8% The Company Inc. (CSB) $6,000.00 1.3% M Rivera Construction (CSB) $17,400.00 3.8%

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 51

Resolution No. 143-21 Adopted 4/21/21 By Director Cox

REQUIREMENT CONTRACT

BE IT RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND, that all bids received on October 22, 2020, for the purchase of re- manufactured Allison transmission and repairs, all items, for the Division of Motor Vehicle Maintenance, Department of Public Works, under the authority of Section 131.64 of the Codified Ordinances of Cleveland, Ohio, 1976, are rejected.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 52

Resolution No. 144-021 Adopted 4/21/21 By Director Cox

REQUIREMENT CONTRACT

BE IT RESOLVED, by the BOARD OF CONTROL of the CITY OF CLEVELAND, that all bids received on November 11, 2020, for the purchase of lane marking paints and related equipment, all items, for the Division of Traffic Engineering, Department of Public Works, under the authority of Section 181.101 of the Codified Ordinances of Cleveland, Ohio, 2008, are rejected.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 53

Resolution No. 145-21 Adopted 4/21/21 By Director Kimball

BE IT RESOLVED by the Board of Control of the City of Cleveland that under the authority of Ordinance No. 469-2020, passed by the Council of the City of Cleveland on June 3, 2020, Case Western Reserve University is selected as the firm to be employed by contract to supplement the regularly employed staff of several departments of the City to provide the professional services necessary to supervise epidemiologists, advise the COVID-19 Response Team, advise on public health infrastructure adjustments and consult on COVID-19, for a term beginning December 7, 2020, and ending November 30, 2021, for the Department of Public Health.

BE IT FURTHER RESOLVED that the Director of Public Health is authorized to enter into contract with Case Western Reserve University based on its October 16, 2020, and March 31, 2021, proposals, which contract shall be prepared by the Director of Law, shall provide for the furnishing of the professional services described in the proposals, for a fee of $705,619.00 for the term, and shall contain such additional provisions as the Director of Law deems necessary to protect and benefit the public interest.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 54

Resolution No. 146-21 Adopted 4/21/21 By Director Wackers

WHEREAS, Board of Control Resolution No. 23-21, adopted January 27, 2021, authorized the sale and development of Permanent Parcel Nos. 117-21-002 and 117-21- 020 to Northeast Ohio Regional Sewer District, as part of the City Land Reutilization Program established under Ordinance No. 2076-76, passed by the Cleveland City Council on October 25, 1976; and

WHEREAS, Resolution No. 23-21 incorrectly stated the sale price of the parcels; now, therefore,

BE IT RESOLVED by the BOARD OF CONTROL of the CITY OF CLEVELAND that Resolution No. 23-21, adopted by this Board January 27, 2021, authorizing the sale and development of Permanent Parcel Nos. 117-21-002 and 117-21-020 to Northeast Ohio Regional Sewer District, is amended by substituting "$27,400.00" for "$33,000.00" where appearing in the resolution.

BE IT FURTHER RESOLVED that all other provisions of Resolution No. 23-21 not expressly amended above shall remain unchanged and in full force and effect.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 55

Resolution No. 147-21 Adopted 4/21/21 By Director Wackers

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 119-08- 048 located 1862 East 93 Street; and

WHEREAS, Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, authorizes the Commissioner of Purchases and Supplies, when directed by the Director of Community Development, to sell Land Reutilization Program parcels when certain specified conditions have been met; and

WHEREAS, ARPI, LLC has proposed to the City to purchase and develop the parcel as a multi-family apa11ment project; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 7 has approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

2. The proposed purchaser of the parcel is neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183 .021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested to execute an Official Deed for and on behalf of the City of Cleveland with ARPI, LLC or its designee, for the sale and development of Permanent Parcel No. 119-08-048, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

BE IT FURTHER RESOLVED THAT the consideration for the sale of the parcel shall be $200.00, which amount is determined to be not less than the fair market value of the parcel for uses according to the Program.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 56

Resolution No. 148-21 Adopted 4/21/21 By Director Wackers

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 127-12- 091 located at 9006 Easton A venue; and

WHEREAS, Earnest Davis has proposed to the City to purchase the parcel for side yard expansion; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 6 has approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

2. The proposed purchaser of the parcel is neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183 .021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested to execute an Official Deed for and on behalf of the City of Cleveland with Earnest Davis for the sale of Permanent Parcel No. 127-12-091, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 57

Resolution No. 149-21 Adopted 4/21/21 By Director Wackers

WHEREAS, under Ordinance No. 2076-76 passed October 25, 1976, the City is conducting a Land Reutilization Program ("Program") according to the provisions of Chapter 5722 of the Ohio Revised Code; and

WHEREAS, under the Program, the City has acquired Permanent Parcel No. I 05-15- 021 located 860 East 73 Street; and

WHEREAS, WRJ Investment Fund, LLC has proposed to the City to purchase and develop the parcel for yard expansion; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 10 has approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

2. The proposed purchaser of the parcel is neither tax delinquent nor in violation of the Building and Housing Code; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested to execute an Official Deed for and on behalf of the City of Cleveland with WRJ Investment Fund, LLC for the sale and development of Permanent Parcel No. 105-15-021, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 58

Resolution No. 150-21 Adopted 4/21/21 By Director Ebersole

WHEREAS, that under the authority of division (b) (11) of Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies, when directed by the Director of Economic Development is authorized to acquire property from third parties at a purchase price determined to be fair market value by the Board of Control, to hold in the Industrial Commercial Land Bank; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that under C.O. division(b)(11) of Section 183.021 the price of $13,500.00 for purchase of Permanent Parcel No. 126-27-110, located at 8017 Rawlings Avenue, from Universal Hagar's Spiritual Church, to hold in the Industrial-Commercial Land Bank, is determined to be fair market value.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 59

Resolution No. 151-21 Adopted 4/21/21 By Director Ebersole

WHEREAS, that under the authority of division (b)(11) of Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies, when directed by the Director of Economic Development is authorized to acquire property from third parties at a purchase price determined to be fair market value by the Board of Control, to hold in the Industrial Commercial Land Bank; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland that under C.O. division(b)(11) of Section 183.021 the price of $18,000.00 for purchase of Permanent Parcel No. 124-29-056, located at V/L Crowell Avenue, from Crystel C. Mills, to hold in the Industrial-Commercial Land Bank, is determined to be fair market value.

Yeas: Directors Langhenry, Keane, Kennedy, Cox, Interim Director Kimball, Acting Director Coulter, Directors Wackers, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas

Board of Control From Wednesday, April 21, 2021 April 23, 2021 The City Record 60

Civil Service

PUBLIC NOTICE

PLEASE BE ADVISED

The following meeting held during the COVID-19 emergency declaration will be conducted as a virtual meeting in accordance with Ohio’s Open Meetings Law as amended by Sub. H.B. 197.

The public may observe this meeting on YouTube, https://www.youtube.com/channel/UCgOtZVCoYBtfF7bYbO43PVQ.

Friday, May 14, 2021 Friday, May 28, 2021

@ 8:30 a.m. Civil Service Commission

President: Pastor Gregory E. Jordan Vice President: Michael Flickinger Secretary: Michael R. Spreng Members: India P. Lee and Daniel J. Brennan General Counsel: Ronda Curtis

Civil Service April 23, 2021 The City Record 61

Schedule of the Board of Zoning Appeals

Monday, May 3, 2021

Under the conditions specified by law, the Board of Zoning Appeals will be conducting virtual meetings in a limited capacity using the Webex Platform. This will include limited agenda items to initiate the process to ensure we can appropriately evaluate the process.

The Board of Zoning Appeals will also be live streamed on YouTube. The links for the live streams will be available before the meeting on our website at: http://www.clevelandohio.gov/CityofCleveland/Home/Government/CityAg encies/CityPlanningCommission/ZoningAppeals

In order to keep the Webex session to a manageable size, we are asking individuals that wish to participate in the meeting to contact the City Planning office by phone or email by noon on Friday, April 30, 2021. Those individuals not planning to comment on any agenda item during the Webex session are encouraged to view one of the live streams.

If you wish to participate and/0r give testimony, contact the City Planning office and request access to the Webex Board of Zoning Appeals Meeting. Please call 216-664-3826 or email us at [email protected] by noon on Friday, April 30, 2021. You can also email Secretary Elizabeth Kukla at [email protected].

9:30 Calendar No. 21-056: 2483 Thurman Street Ward 3 – Kerry McCormack 13 Notices Stacie & James Kavanagh, owners, propose to change the use from a non-conforming three dwelling unit building, to a four dwelling unit building in a B1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Section 337.03 which states that a four dwelling unit building is not permitted in a Two-Family zoning district.

2. Section 355.04 which states that in a “B” area district, a lot area of 2,400 square feet per dwelling unit is required; in this case, a 9,600 square foot lot is required and the actual lot size is 2,904 square feet.

3. Division (a) of Section 349.04 which states that one accessory off-street parking space is required per dwelling unit; no legally conforming parking spaces are proposed. Per division (a) of Section 337.23, parking must be in the rear half of the lot; per Section 357.13 parking is not a permitted front setback

Schedule of the Board of Zoning Appeals For Monday, May 3, 2021 April 23, 2021 The City Record 62

encroachment, and per division (a) of Section 349.05, no parking space shall be within 10 feet of the wall of a residential building.

4. Division (A) of Section 359.01 which states that a use of building or land lawfully existing on the effective date of this Zoning Code or of any amendment or supplement thereto, or for which a permit has been lawfully issued, may be continued even though such use does not conform to the provisions of this Zoning Code for the use district in which it is located, but no enlargement or expansion shall be permitted except as a variance. (Filed April 14, 2021).

9:30 Calendar No. 21-057: 3712 West 129th Street Ward 16 – Brian Kazy 9 Notices Sarah Masson, owner, proposes to erect approximately 70 linear feet of four-foot-high chain link fence in interior side/front yard in an A1 One-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (c)(1) of Section 358.04 which states that in Residential Districts, only ornamental fences, as defined herein, shall be installed in actual front yards and in actual side street yards if located within four feet of the side street property line. The Board of Zoning Appeals may, however, permit a chain link fence if the Board determines that such fence is common in the immediate vicinity of the subject property.

2. Division (b) of Section 358.04 which states that a fence running generally parallel to and adjacent to a building on the same property shall be located no closer than three feet to the closest wall of such building. Dimension not shown on site plan. (Filed April 19, 2021).

9:30 Calendar No. 21-059: 17508 Throckley Avenue Ward 1 – Joseph T. Jones 24 Notices Valerie Starks-Hutton, owner proposes to establish use as a Residential Facility in an A1 One-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Section 325.71 which states that "Residential facility" means a publicly or privately operated home or facility, licensed pursuant to state law, that provides accommodations, supervision, and personal care services to any of the following: (a) one or two unrelated persons with mental illness; (b) one or two unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; or (c) three to sixteen unrelated adults.

Schedule of the Board of Zoning Appeals For Monday, May 3, 2021 April 23, 2021 The City Record 63

2. Division (h) of Section 337.03 which states that a residential facility, as defined in Chapter 325 of this Zoning Code, for one to five persons, is not permitted if located less than 100 feet from another residential facility. Proposed Residential Facility is within 1,000 feet from "The Beechwood Family Home" that is located at 17302 Scottsdale. (Filed April 16, 2021).

Postponed from April 12, 2021

9:30 Calendar No. 21-048: 3224 West 73rd Street Ward 3 – Kerry McCormack 22 Notices Fahkrim Mahmoud, owner, and Devon Gresham, lessee, propose to establish use as retail convenience store in a B1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Section 337.08 which states that retail convenience store is not a permitted use in a Multi-Family Residential District.

2. Sections 352.08-352.12 which state that a six-foot-wide landscape transition strip providing at least 50% year round opacity is required where proposed use abuts residential district on side and rear.

3. Division (a) of Section 359.02 which states that a nonconforming use of a building or premises which has been discontinued shall not thereafter be returned to such nonconforming use. (Filed March 22, 2021).

Postponed from February 22, 2021 RES JUDICATA

9:30 Calendar No. 21-006: 9501 Pierpont Avenue Ward 9 – Kevin Conwell 16 Notices Chase White & Dave Lewis, owners, proposes to change the use from a two-family to a three-family dwelling in a B1 Two-Family Residential. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Section 337.03 which states that in a Two-Family district, a three-family dwelling is not permitted; it is first permitted in a Multi-Family district.

2. Division (c) of Section 337.03 which states that the Board of Zoning Appeals may grant special permit for remodeling of existing dwelling houses to provide for more than two dwelling units provided that: 1. The square feet of lot area to be allotted to each dwelling unit is in accordance with the area regulations included in Chapter 355;

Schedule of the Board of Zoning Appeals For Monday, May 3, 2021 April 23, 2021 The City Record 64

2. The dwelling units to be created will be not smaller than two rooms and a bathroom; 3. There will be no exterior evidence that a remodeled dwelling house is occupied by more than two families, except such as may be permitted by the Board; 4. The building when altered or erected and when occupied will conform to all the applicable provisions of the Building and Housing Codes and as the Commissioner of Building and the Commissioner of Housing so certify; 5. Garage space or hard surfaced and drained parking space will be provided upon the premises for the cars of the families to be accommodated on the premises at the rate of not less than one car per family. 6. Section 355.04 which states that the minimum lot area for a three-family dwelling is 7, 200 square feet. The lot area proposed is 4,180 square feet. (Filed January 14, 2021-NO TESTIMONY) FIRST POSTPONEMENT MADE BY THE BOARD TO ALLOW TIME FOR THE APPELLANT TO RESEARCH THE RES JUDICATA ISSUE.

Schedule of the Board of Zoning Appeals For Monday, May 3, 2021 April 23, 2021 The City Record 65

Report of the Board of Zoning Appeals

Monday, April 19, 2021

At the meeting of the Board of Zoning Appeals on Monday, April 12, 2021, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 21-052: 11502 Edgewater Drive (Conditionally) Deborah Kleve, owner, proposes to install 126 linear feet of six-foot-high wood fence, with gates in an AA1 Limited One-Family Residential District.

Calendar No. 21-043: 18399 Hough Avenue (Conditionally) A Diamond in the Hough, owner, proposes to establish use as carryout restaurant in a C2 Multi-Family Residential District.

The following appeals were reheard and APPROVED:

Calendar No. 21-032: 3182 West 25th Street 1870 West 25th Street LLC., owner, proposes to use as a restaurant in a C2 Local Retail Business District and a Pedestrian Retail Overlay District.

The following appeals were DENIED:

Calendar No. 21-057: 560 East 99th Street 2000 Development, Inc., owner, appeals under the authority of division (b) of Section 76-6 of the Charter of the City of Cleveland and division (d) of Section 329.02 of the Cleveland Codified Ordinances from the decision of the hearing officer dated March 17, 2021, to uphold the City of Cleveland's Department of Public Works to issue invoice WO-7010-1011637 regarding abating nuisances (grass cutting) at the subject property.

Calendar No. 20-135: 1415 Kenilworth Avenue 1415 Kenilworth LLC. proposes to construct a five-story apartment building in a D2 Multi-Family Residential District and an Urban Form Overlay District.

The following appeals were WITHDRAWN:

Calendar No. 21-038: 15609 Lakeshore Boulevard Cole WG Cleveland OH LLC, owner, proposes to establish use as Plasma Collection Center in an E5 Local Retail Business District.

The following appeals were DISMISSED:

The following cases were REMANDED:

The following cases were POSTPONED:

Report of the Board of Zoning Appeals From Monday, April 19, 2021 April 23, 2021 The City Record 66

Calendar No. 21-034: Intrinsic Renewal 9322 Nelson Avenue. Postponed to May 17, 2021.

The following cases were heard by the Board of Zoning Appeals on Monday, April 12, 2021, and the decisions were adopted and approved on Monday, April 19, 2021:

The following appeals were APPROVED:

Calendar No. 21-046: 14925 Shores Acres Drive Daniel Bode & Megan Doerr, owner, propose to erect a frame detached gable shed.

Calendar No. 21-047: 1445 West 48th Street Meredith Addington, owner, proposes to erect a two-story frame rear room addition and a wolmanized deck attached to an existing single family townhome residence in a B1 Two-Family Residential District.

Calendar No. 21-049: 2050 West 47th Street PM Foundations, Inc. owner proposes to erect a 5,120 square foot one-and-half story building to be used as school/charitable organization in a B1 Two Family Residential District.

Calendar No. 21-050: 2054 West 47th Street PM Foundations, Inc. owner proposes to erect a 5,120 square foot one-and-half story building to be used as school/charitable organization in a B1 Two Family Residential District.

Calendar No. 20-194: 7902 Bessemer Avenue (Granted Conditionally) William McMillan, owner, proposes to use as scrap metal yard and outside storage in a B3 General Industry Zoning District.

Report of the Board of Zoning Appeals From Monday, April 19, 2021 April 23, 2021 The City Record 67

Agenda of the Board of Building Standards and Building Appeals

Wednesday, April 28, 2021

Board of Building Standards and Building Appeals Cleveland City Hall Room 514 216-664-2418

Download the Webex Desktop App or the mobile App from the Webex website at https://www.webex.com/downloads.html/

Instructions to enable a browser plug-in for Chrome or Firefox can be found here: https://help.webex.com/en-us/WBX77970/How-Do-I-Enable- the-Webex-Plug-in-to-Join-aMeeting-Using-Chrome-or-Firefox

For instructions to join the call, you can go to https://help.webex.com/en- us/bksp8r/Join-a-Meeting-from-the-Webex-Meetings-Desktop-Appor- Mobile-App

Email [email protected] to receive the calendar invite (This invite is for testament/witness purposes only).

Public Hearings will be streamed live on the following formats:

TV 20: http://www.tv20cleveland.com/watch-now/

YouTube: https://www.youtube.com/channel/UCex1RYSD6x-6ViP_-n2xpGg

NOTE: This is a tentative Agenda and may vary both in scope and order of presentation as time permits and circumstances warrant.

HOUSING PUBLIC HEARING 9:30 a.m.

Docket A-3-21 12701 Shaker Boulevard WARD: 6 (Blaine A. Griffin)

Shif Shaker North, Owner of the R-2 Residential-Non-Transient; Apartments Shared Egress; High-Rise Building Structure, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated January 13, 2021; appellant is requesting for six months to complete abatement of the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, April 28, 2021 April 23, 2021 The City Record 68

Docket A-5-21 1397 East 93rd Street WARD: 7 (Basheer S. Jones)

Douglas S. Wahr, Owner of the One Dwelling Unit; Single-Family Residence; Two- Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 16, 2020; appellant is requesting until April 30, 2021, to complete abatement of the violations.

Docket A-6-21 1414 East 110th Street WARD: 9 (Kevin Conwell)

Aquil Hayes, Owner of the Three Dwelling Unit; Three-Family Residence; Two-and- Half Story Frame Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated December 31, 2019; appellant is requesting for time to complete abatement of the violations.

Docket A-7-21 3540 East 75th Street WARD: 12 (Anthony Brancatelli)

Fierst Group LLC, Owner of the One Dwelling Unit; Single-Family Residence; One- and-Half Story Frame Property, appeals from a NOTICE OF VIOLATION – NO PERMIT, dated January 7, 2021; appellant is requesting for time to complete abatement of the violations.

Docket A-8-21 1560 East 43rd Street WARD: 7 (Basheer S. Jones)

Ron Wachter, Owner of the Two-Dwelling Units; Two-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – CONDEMNATION – MAIN STRUCTURE, dated February 9, 2021; appellant is requesting for time to complete abatement of the violations.

REOPENED DOCKET(S)

Docket A-1-21 2615 Detroit Avenue WARD: 3 (Kerry McCormack)

The Snavely Group, Owner of the M: Mercantile-Retail Shops; Carry-Out Food Shop; Two-and-Half Story Masonry Structure, appeals from an ADJUDICATION ORDER B19017514-2, dated February 8, 2021; appellant is requesting for a variance from OBC 1010.1.5: Floor Elevation at Door.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, April 28, 2021 April 23, 2021 The City Record 69

Approval of Resolutions

Docket/s:

A-216-19 Ronald A Jenkins Sr. A-256-19 Homesaver, LLC A-338-19 Tekora S. Madden

Approval of Minutes

April 14, 2021

Agenda of the Board of Building Standards and Building Appeals For Wednesday, April 28, 2021 April 23, 2021 The City Record 70

MEMO

To: Tom Vanover, Commissioner/CBO

From: Carmella Davis, Executive Secretary Board of Building Standards and Building Appeals

Date: March 29, 2021

Subject: Request for presence at board hearing

The Board of Building Standards and Building Appeals request the presence of a representative for a Public Hearing on the following Docket/s from the Department of Building and Housing, and the presence of a representative from the Division of Fire on Wednesday, April 17, 2021, at approximately 9:30 A.M.

DOCKET NO. ADDRESS INSPECTOR/S

A-3-21 12701 Shaker Boulevard J. Davis A-5-21 1397 East 93 A. Arnold A-6-21 1414 East110 B. Cuevas A-7-21 3540 East 75 J. Barkas A-1-21 2615 Detroit Avenue

Agenda of the Board of Building Standards and Building Appeals For Wednesday, April 28, 2021 April 23, 2021 The City Record 71

Public Notice

The following meeting will be held during the COVID-19 emergency declaration, will be conducted as virtual meetings in accordance with Ohio's Open Meetings Laws as amended by Sub. H.B. 197.

The public may observe this meeting on YouTube: https://www.youtube.com/user/ClevelandCityCouncil, and on Cleveland Channel 20. For more information go to Cleveland City Council’s website: https://www.clevelandcitycouncil.org.

Notice of Public Hearing by the Council Committee on Development, Planning and Sustainability

Tuesday, April 27, 2021 9:30 a.m.

Notice is hereby given to all interested property owners that the Council Committee on Development, Planning and Sustainability will hold a public hearing on Tuesday, April 27, 2021, at 9:30 a.m., to consider the following ordinances now pending in the Council:

Ord. No. 217-2021 By Council Member B. Jones An ordinance establishing an Urban Form Overlay on the Chester Avenue frontage of Permanent Parcel Number 118-10-042 (Map Change 2629).

Ord. No. 220-2021 By Council Member Brancatelli An ordinance changing the Use, Area and Height Districts of parcels of land north and south of Harvard Avenue between slightly west of East 71st Street to Ottawa Road and east and west of East 71st Street between Indiana Avenue and Clement Avenue (Map Change 2624).

Ord. No. 221-2021 By Council Member Brancatelli An ordinance changing the Use, Area and Height Districts of parcels of land west of the Pennsylvania Railroad and north and south of Harvard Avenue between East 76th Street and the Pennsylvania Railroad (Map Change 2625).

There are two ways for the public to submit comments for the Committee to consider about this legislation. Please reference the ordinance number (Ord. No. 217- 2021, Ord. No. 220-2021 and Ord. No. 221-2021) and/or a description of the property in any communication.

• Email: [email protected]

Public Notice April 23, 2021 The City Record 72

• Voicemail: 216-664-4917

In order to become part of the official record, all comments must be about this zoning ordinance and must be received by 5:00 p.m. on Monday, April 26, 2021.

Anthony Brancatelli, Chair Committee on Development, Planning & Sustainability

Public Notice April 23, 2021 The City Record 73

City of Cleveland Bids

For All Departments

Sealed bids will be received at the office of the Commissioner of Purchases and Supplies, Room 128, City Hall, in accordance with the appended schedule, and will be opened and read in Room 128, City Hall, immediately thereafter.

Each bid must be made in accordance with the specifications and must be submitted on the blanks supplied for the purpose, all of which may be obtained at the office of the said Commissioner of Purchases and Supplies, but no bid will be considered unless delivered to the office of the said commissioner previous to 12:00 noon (Eastern Standard Time) on the date specified in the schedule.

Section 187.10 of the Codified Ordinances: Negotiated contracts; Notice required in Advertisements for Bids

Where invitations for bids are advertised, the following notice shall be included in the advertisement: “Pursuant to the MBE/FBE Code; each prime bidder, each minority business enterprise (“MBE”) and each female business enterprise (“FBE”) must be certified before doing business with the City. Therefore, any prime contractor wishing to receive credit for using an MBE or FBE should ensure that applications for certifications as to MBE or FBE status compliance with the Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity (“OEO”) prior to the date of bid opening or submission of proposals or as specified by the Director. Failure to comply with the business enterprise code or with representations made on these forms may result in cancellation of the contract or other civil or criminal penalties.

Click on a bid below to read it:

File No. 52-21

File No. 53-21

File No. 54-21

File No. 55-21

City of Cleveland Bids April 23, 2021 The City Record 74

BID OPENS – WEDNESDAY, MAY 12, 2021

File No. 52-21: 2021 Public Improvements League Park Field Lighting and Scoreboard FOR THE DIVISION OF ARCHITECTURE AND SITE DEVELOPMENT FOR THE DEPARTMENT OF MAYOR’S OFFICE OF CAPITAL PROJECTS, AS AUTHORIZED BY ORDINANCE NO. 543-2020, PASSED BY COUNCIL NOVEMBER 4, 2020.

There is no charge for plans and specifications.

Bidders must be on the Plan-holders list to submit a bid or receive any addenda. Out-of- area bidders may email requests to receive plans and specifications to, [email protected]. In the email request please include your company’s FedEx Account number, full company’s name and address, company's contact/representative full name, contact telephone number, facsimile telephone number and email address. The FedEx delivery charges for the plans and specifications will be billed to the bidder’s company FedEx account number provided.

There will be a NON-MANDATORY Pre-Bid Meeting, Tuesday, April 27, 2021, at 11:00 a.m. Located at League Park, 6601 Lexington Avenue, Cleveland, Ohio.

Note: Pick-up of drawings and spec. book and drop off of bids will take place @ 1201 Lakeside Avenue, Side Entrance - Carl B. Stokes Public Utilities Building. Bid must be delivered to the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 52-21 April 23, 2021 The City Record 75

BID OPENS – THURSDAY, MAY 6, 2021

File No. 53-21: Purchase of Recycled or Virgin Asphalt Concrete FOR THE DIVISION OF MOTOR VEHICLE MAINTENANCE FOR THE DEPARTMENT OF PUBLIC WORKS, AS AUTHORIZED BY ORDINANCE NO. 854- 2020, PASSED BY COUNCIL NOVEMBER 18, 2020.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, April 22, 2021, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 160 604 5312.

Note: Bid must be delivered to the Office of the Department of Public Utilities, Carl B. Stokes Public Utilities Building, 1201 Lakeside Avenue, Side Entrance, Cleveland, Ohio 44114 before 12 o’clock noon (Eastern Time).

City of Cleveland Bids File No. 53-21 April 23, 2021 The City Record 76

BID OPENS – WEDNESDAY, MAY 19, 2021

File No. 54-21 Repairing, Maintaining and Installing Concrete on Runways, Taxiways, Ramps, Roadways and Other Surfaces FOR THE DIVISION OF AIRPORT SYSTEMS FOR THE DEPARTMENT OF PORT CONTROL, AS AUTHORIZED BY ORDINANCE 474-20, PASSED BY COUNCIL AUGUST 12, 2020.

There will be a NON-MANDATORY Pre-Bid Meeting, Wednesday, May 5, 2021 at 11:00 a.m. Via WebEx, to call into the meeting dial 1-415-655-0002, Access Code 132 518 5568.

City of Cleveland Bids File No. 54-21 April 23, 2021 The City Record 77

BID OPENS – Wednesday, May 19, 2021

File No. 55-21 West Side Market Capital Improvements Clock Tower Masonry Repairs FOR THE DIVISION OF ARCHITECTURE AND SITE DEVELOPMENT FOR THE DEPARTMENT OF MAYOR’S OFFICE OF CAPITAL PROJECTS, AS AUTHORIZED BY ORDINANCE 637-19, PASS, JULY 24, 2019.

There is no charge for plans and specifications. Bidders must be on the Plan-holders list to submit a bid or receive any addenda. Out-of-area bidders may email requests to receive plans and specifications to, [email protected]. In the email request please include your company’s Fed Ex Account number, full company’s name and address, company's contact/representative full name, contact telephone number, facsimile telephone number and email address. The Fed Ex delivery charges for the plans and specifications will be billed to the bidder’s company Fed Ex account number provided.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, April 22, 2021 at 11:00 a.m. Via WebEx, to call into the meeting dial 1-415-655-0003, Access Code 160 276 7251.

City of Cleveland Bids File No. 55-21 April 23, 2021 The City Record 78

Adopted Resolutions and Passed Ordinances

These resolutions were adopted, and ordinances were passed by City Council on April 12, 2021.

Click on a piece of legislation below to read it:

Ord. No. 151-2021 Res. No. 252-2021

Ord. No. 175-2021 Res. No. 253-2021

Ord. No. 176-2021 Res. No. 254-2021

Res. No. 234-2021

Adopted Resolutions and Passed Ordinances April 23, 2021 The City Record 79

Ordinance No. 151-2021

By Council Members: Brancatelli and Kelley (by departmental request)

An ordinance authorizing the Director of Building and Housing to lease certain space located on the fourth floor and a portion of the first floor of 65-75 Erieview Plaza from Alto 55 Erieview, LLC, for a term not to exceed eight years, with two five-year options to renew, exercisable by the Director of Building and Housing for the public purpose of providing office and administrative spaces for use by the various divisions of the Department of Building and Housing; to accept gifts or grants for the purposes of this ordinance; and authorizing various written standard purchase and requirement contracts needed for movers, furniture, fixtures, equipment and related office materials, including labor, materials and installation, if necessary.

WHEREAS, the City of Cleveland requires certain spaces located at 65-75 Erieview Plaza for the public purpose of providing office and administrative spaces for use by the Department of Building and Housing; and

WHEREAS, Alto 55 Erieview, LLC (“Alto 55”) has proposed to lease and build-out space for the City of Cleveland; now, therefore,

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

Section 1. That, notwithstanding Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Director of Building and Housing is authorized to enter into a lease with Alto 55 for certain spaces at 65-75 Erieview Plaza for the purpose of providing office and administrative spaces for use by the Department of Building and Housing (“Lease”). The Lease premises are more fully described as follows: 28,105 square feet of rentable square feet on the fourth floor and 1,643 square feet of rentable space on a portion of the first floor at 65-75 Erieview Plaza for office and administrative purposes and 17 free parking spaces at one of the adjacent garages.

Section 2. That the term of the Lease authorized by this ordinance shall not exceed eight years with two five-year options to renew, exercisable by the Director of Building and Housing.

Section 3. That the rent for the first year of the Lease shall be $11.00 per square foot, with the first six months of rent being abated by the Alto 55 and shall increase on a yearly basis from $11.00 to $11.25, $11.50, $12.00, $12.50, $13.00, $13.50 and $14.00 per square foot exclusive of utilities and operating costs.

Section 4. That the landlord shall provide tenant improvements at 65-75 Erieview Plaza for the benefit of the City and other valuable consideration.

Adopted Resolutions and Passed Ordinances Ord. No. 151-2021 April 23, 2021 The City Record 80

Section 5. That the Lease may provide for the City’s payment of appropriate utility and other operating costs of the leased premises.

Section 6. That the Lease shall be prepared by the Director of Law and shall contain any terms and conditions as are required to protect the interests of the City.

Section 7. That the Director of Law, and other appropriate City officials are authorized to execute any other documents and certificates, and take any other actions which may be necessary or appropriate to effect the Lease authorized by this ordinance.

Section 8. That the Director of Building and Housing is authorized to apply for and accept any grants or gifts of cash or services from any public or non-public entity to implement this ordinance; that the Director is authorized to file all papers and execute all documents necessary to receive the funds under the grant or to accept the cash or services; and that the funds are appropriated for the purposes of this ordinance.

Section 9. That the Director of Building and Housing is authorized to make one or more written standard purchase contracts and written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, the period of requirements to be determined by the director, for the necessary items of materials, equipment, supplies and services needed to implement this ordinance, to be purchased by the Commissioner of Purchases and Supplies on a unit basis for the appropriate department. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines.

Section 10. That under division (b) of Section 108 of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Building and Housing may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process.

Section 11. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts, and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance.

Section 12. That the rent for the first year of the Lease and any other costs of this ordinance shall not exceed $82,426.75, payable from Fund No. 01-8501-6380, fund or funds to which are credited any gifts or grants received for this purpose, and from any funds approved by the Director of Finance for this purpose. The rent for the remainder of the years in the initial rental term shall be subject to annual appropriation. (RQS 8501 RL 2021-18)

Section 13. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Adopted Resolutions and Passed Ordinances Ord. No. 151-2021 April 23, 2021 The City Record 81

Passed April 19, 2021.

Effective May 12, 2021.

Adopted Resolutions and Passed Ordinances Ord. No. 151-2021 April 23, 2021 The City Record 82

Ordinance No. 175-2021

By Council Member: B. Jones

An ordinance establishing a seven (7) foot specific mapped setback along the west side of East 90th Street from Chester Avenue extending north to the southern property line of Permanent Parcel Number 119-09-036 (Map Change 2627).

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

Section 1. That a Mapped Building Setback of seven (7) feet from the property line shall be established on the eastern frontages of parcels of land along the western side of East 90th Street (formerly known as Harkness Street) between Chester Avenue and the northern property line of a parcel of land known as Sublot No. 20 in the S.V. Harkness’s Subdivision of part of Original One Hundred (100) Acre Lot No. 400, as shown by the recorded plat in Volume 31 of Maps, Page 8 of Cuyahoga County Records, and more commonly known as Permanent Parcel Number 119-08-015;

And as identified on the attached map, the seven (7) foot Specific Mapped Building Setback from the property line is hereby established on the Building Zone Maps of the City of Cleveland;

Section 2. That the changes described in Section 1 shall be identified as Map Change No. 2627, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

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

Passed April 19, 2021.

Effective May 12, 2021.

Adopted Resolutions and Passed Ordinances Ord. No. 175-2021

April 23, 2021 The City Record 83

Adopted Resolutions and Passed Ordinances Ord. No. 175-2021

April 23, 2021 The City Record 84

Ordinance No. 176-2021

By Council Member: Hairston

An ordinance establishing a seven (7) foot Specific Mapped Building Setback from the property line along East 73rd Street between St. Clair Avenue and Detour Avenue (Map Change 2621).

Section 1. That a Mapped Building Setback of seven (7) feet from the property line shall be established on the western side of East 73rd (formerly Florida) Street between Detour Avenue and the northern property line of a parcel of land known as Sublots Nos. 105 and 106 in the W.J. Gordon Realty Company’s Subdivision No. 1, of a part of Original One Hundred Acre Lot No. 348, as shown by the recorded plat in Volume 30 of Maps, Page 17 of Cuyahoga County Records and more commonly known as Permanent Parcel Number (PPN) 105-16-051;

And;

That a Mapped Building Setback of seven (7) feet from the property line shall be established on the eastern side of East 73rd Street between Detour Avenue and the northern property line of a parcel of land known as being part of Sublots Nos. 143 and 180 in the W.J. Gordon Realty Company’s Subdivision No. 1 of part of Original One Hundred Acre Lots 348 and 350, as shown by the recorded plat in Volume 30 of Maps, Page 17 of Cuyahoga County Records and more commonly known as Permanent Parcel Number (PPN) 10516021;

And as identified on the attached map, the seven (7) foot mapped building setback from the property line is hereby established on the Building Zone Maps of the City of Cleveland;

Section 2. That the changes described in Section 1 shall be identified as Map Change No. 2621, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

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

Passed April 19, 2021.

Effective May 12, 2021.

Adopted Resolutions and Passed Ordinances Ord. No. 176-2021

April 23, 2021 The City Record 85

Adopted Resolutions and Passed Ordinances Ord. No. 176-2021

April 23, 2021 The City Record 86

Resolution No. 234-2021

By Council Members: McCormack and Griffin

An emergency resolution strongly supporting Ohio Senate Concurrent Resolution No. 4 declaring racism a public health crisis and asking the Governor to establish a working group to promote racial equity in Ohio.

WHEREAS, on June 3, 2020, this Council adopted Resolution No. 296-2020, declaring racism a public health crisis and establishing a working group to promote racial equity in the City of Cleveland; and

WHEREAS, on February 23, 2021, Ohio Senators Hearcel Craig and Sandra R. Williams introduced Senate Concurrent Resolution No. 4 (SCR 4) declaring racism a public health crisis and asking the Governor to establish a working group to promote racial equity in Ohio; and

WHEREAS, this Council recognizes that racism is the origin of every inequity experienced by African-Americans in Ohio and in the United States; and

WHEREAS, this Council agrees that racism will not simply go away, but that we must be committed to consistently dismantle racist structures; and

WHEREAS, for the reasons set forth in R. 296-2020 and SCR 4, this Council believes that the time to declare racism a public health crisis is now, and therefore wholeheartedly supports the adoption by the State legislature of Senate Concurrent Resolution No. 4; and

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

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

Section 1. That this Council strongly supports Ohio Senate Concurrent Resolution No. 4 declaring racism a public health crisis and asking the Governor to establish a working group to promote racial equity in Ohio.

Section 2. That the Clerk of Council is directed to transmit copies of this resolution to Governor Mike DeWine and Ohio State Senators Hearcel Craig and Sandra R. Williams.

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

Adopted Resolutions and Passed Ordinances Res. No. 234-2021

April 23, 2021 The City Record 87

Adopted April 12, 2021.

Effective April 14, 2021.

Adopted Resolutions and Passed Ordinances Res. No. 234-2021

April 23, 2021 The City Record 88

Resolution No. 252-2021

By Council Member: Cleveland

An emergency resolution objecting to a New C1 Liquor Permit at 2747 Cedar Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at 2747 Food, Inc., DBA 28th Street Supermarket, 2747 Cedar Avenue, Permit No. 91151750005; and

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

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

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

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

Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at 2747 Food, Inc., DBA 28th Street Supermarket, 2747 Cedar Avenue, Permit No. 91151750005; and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Adopted Resolutions and Passed Ordinances Res. No. 252-2021

April 23, 2021 The City Record 89

Adopted April 12, 2021.

Effective April 14, 2021.

Adopted Resolutions and Passed Ordinances Res. No. 252-2021

April 23, 2021 The City Record 90

Resolution No. 253-2021

By Council Member: Cleveland

An emergency resolution objecting to a New D3 Liquor Permit at 6241 Broadway Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New D3 Liquor Permit at Jalapenos Grill and Moore, LLC, DBA Jalapeno Grill, 6241 Broadway Avenue, Cleveland, Ohio 44127, Permit No. 4220854; and

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

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

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

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

Section 1. That Council does hereby record its objection to a New D3 Liquor Permit at Jalapenos Grill and Moore, LLC, DBA Jalapeno Grill, 6241 Broadway Avenue, Cleveland, Ohio 44127, Permit No. 4220854; and requests the Superintendent of Liquor

Adopted Resolutions and Passed Ordinances Res. No. 253-2021

April 23, 2021 The City Record 91

Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Adopted April 12, 2021.

Effective April 14, 2021.

Adopted Resolutions and Passed Ordinances Res. No. 253-2021 April 23, 2021 The City Record 92

Resolution No. 254-2021

By Council Member: Conwell

An emergency resolution objecting to a New C2 Liquor Permit at 10390 St. Clair Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New C2 Liquor Permit at Dolgen Midwest, LLC, DBA Dollar General Store, #21810, 10390 St. Clair Avenue, Cleveland, Ohio 44108, Permit No. 22348152755; and

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

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

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

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

Section 1. That Council does hereby record its objection to a New C2 Liquor Permit at Dolgen Midwest, LLC, DBA Dollar General Store, #21810, 10390 St. Clair Avenue, Cleveland, Ohio 44108, Permit No. 22348152755; and requests the Superintendent of

Adopted Resolutions and Passed Ordinances Res. No. 254-2021

April 23, 2021 The City Record 93

Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

Adopted April 12, 2021.

Effective April 14, 2021.

Adopted Resolutions and Passed Ordinances Res. No. 254-2021

April 23, 2021 The City Record 94

Directory of City Officials City Council

601 Lakeside Avenue Room 220 Cleveland, OH 44114

Phone: 216.664.2840

President of Council – Kevin J. Kelley

City Clerk, Clerk of Council – Patricia J. Britt

Name Ward Joseph T. Jones 1 Kevin L. Bishop 2 Kerry McCormack 3 Kenneth L. Johnson, Sr. 4 Phyllis E. Cleveland 5 Blaine A. Griffin 6 Basheer S. Jones 7 Michael D. Polensek 8 Kevin Conwell 9 Anthony T. Hairston 10 Brian Mooney 11 Anthony Brancatelli 12 Kevin J. Kelley 13 Jasmin Santana 14 Jenny Spencer 15 Brian Kazy 16 Charles Slife 17

City Council Directory of City Officials April 23, 2021 The City Record 95

Permanent Schedule – Standing Committees of the Council 2018-2021

MONDAY – Alternating

9:30 a.m. – Health and Human Services Committee: McCormack (CHAIR), B. Jones (VICE-CHAIR), Conwell, Hairston, Santana, Spencer.

9:30 a.m. – Municipal Services and Properties Committee: Bishop (CHAIR), J. Jones (VICE-CHAIR), Brancatelli, Hairston, Kazy, Mooney.

MONDAY

2:00 p.m. – Finance Committee: Kelley (CHAIR), Cleveland (VICE-CHAIR), Bishop, Brancatelli, Conwell, Griffin, Kazy, McCormack, Mooney.

TUESDAY

9:30 a.m. – Development, Planning, and Sustainability Committee: Brancatelli (CHAIR), Hairston (VICE-CHAIR), Cleveland, Griffin, B. Jones, McCormack, Slife.

TUESDAY – Alternating

1:30 p.m. – Utilities Committee: Kazy (CHAIR), Bishop (VICE-CHAIR), Hairston, McCormack, Polensek, Santana, Slife.

1:30 p.m. – Workforce and Community Benefits Committee: Hairston (CHAIR), Griffin (VICE-CHAIR), B. Jones, J. Jones, Mooney, Slife, Spencer.

WEDNESDAY – Alternating

10:00 a.m. – Safety Committee: Griffin (CHAIR), Polensek (VICE-CHAIR), B. Jones, J. Jones, Kazy, Santana, Spencer.

10:00 a.m. – Transportation Committee: Cleveland (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, J. Jones, Santana, Spencer.

The following Committees meet at the Call of the Chair:

Mayor’s Appointments Committee: J. Jones (CHAIR), Brancatelli, Cleveland, Kelley, Mooney.

Operations Committee: Hairston (CHAIR), Griffin, J. Jones, Kelley, McCormack.

Rules Committee: Kelley (CHAIR), Cleveland, Hairston, Polensek, Slife.

Permanent Schedule — Standing Committees of the Council Directory of City Officials April 23, 2021 The City Record 96

City Departments

City Hall 601 Lakeside Avenue Cleveland, OH 44114

MAYOR – Frank G. Jackson Sharon Dumas, Interim Chief of Staff Darnell Brown, Chief Operating Officer Valarie J. McCall, Chief of Communications, Government & International Affairs Monyka Price, Chief of Education Jason Woods, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Edward W. Rybka, Chief of Regional Development Tracy Martin-Thompson, Chief of Prevention, Intervention and Opportunity for Youth and Young Adults Sheryl Nechvatal, Executive Assistant to the Mayor Martin Flask, Project Coordinator Jaqueline Sutton, Manager – Mayor’s Action Center (MAC)

AGING – Mary McNamara, Director Victoria Corrigan, Administrative Manager Jennifer Rosich, Administrative Manager Adam Cisler, Administrative Manager Tanesha Hunter, Administrative Manager

BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Carmella Davis, Secretary Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect

BOARD OF ZONING APPEALS – Elizabeth Kukla, Secretary Carol A. Johnson, Chairman

City Departments Directory of City Officials April 23, 2021 The City Record 97

Tim Donovan Myrline Barnes Kelley Britt Alanna Faith

BUILDING AND HOUSING – Ayonna Blue Donald, Director Divisions: Navid Hussain, Commissioner, Construction Permitting Richard Riccardi, Assistant Commissioner, Construction Permitting Thomas E. Vanover, Commissioner, Code Enforcement Karen L. Lopez, Administrative Assistant

CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Charles Slife, Diane Downing, August Fluker. CIVIL SERVICE COMMISSION Michael Spreng, Secretary Lila Abrams-Fitzpatrick, Administrator Betty Ivory, Supervisor of Civil Service Records Lisa Meece, Chief Examiner

COMMUNITY DEVELOPMENT – Michiel Wackers, Director Divisions: Administrative Service – Joy Anderson, Commissioner Office of Fair Housing and Consumer Affairs – John Mahoney, Manager Neighborhood Development – James Greene, Commissioner Neighborhood Services – Louise Jackson, Commissioner

COMMUNITY RELATIONS BOARD – Grady Stevenson, Jr., Director Members: Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr.,Vice-Chairman; Council Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Santana, Peter Whitt, Ted Wammes.

City Departments Directory of City Officials April 23, 2021 The City Record 98

ECONOMIC DEVELOPMENT – David Ebersole, Director

FINANCE – Sharon Dumas, Director Divisions: Accounts – Lonya Moss-Walker, Commissioner Assessments and Licenses – Dedrick Stephens, Commissioner City Treasury – James Hartley, Treasurer Financial Reporting and Control – James Gentile, Controller Information Technology and Services Donald-Anthony Phillips, Chief Information Officer Kimberly Roy Wilson, Commissioner Internal Audit – Natasha Brandt, Manager Printing and Reproduction – Michael Hewett, Commissioner Purchases and Supplies – Tiffany White Johnson, Commissioner Sinking Fund Commission – Betsy Hruby, Manager Taxation – Kevin Preslan, Income Tax Administrator and Commissioner of Taxation Treasury – James Hartley, Treasurer

HUMAN RESOURCES – Nycole West, Director

LANDMARKS COMMISSION – Donald Petit, Secretary Members: Julie Trott, Chair; Giancarlo Calicchia, Vice Chair; Michele Anderson; Adrienne Bailey; Freddy L. Collier Jr., City Planning Commission Director; Allan Dreyer; Council Member Basheer Jones; Robert S. Strickland; Raymond Tarasuck, Jr.

LAW – Barbara Langhenry, Director Gary Singletary, Chief Counsel Ronda Curtis, Chief Corporate Counsel Thomas Kaiser, Chief Trial Counsel Karrie Howard, Chief Assistant Prosecutor Robin Wood, Law Librarian

MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Divisions: Architecture and Site Development – Carter Edman, Manager

City Departments Directory of City Officials April 23, 2021 The City Record 99

Engineering and Construction – Richard J. Switalski, Manager Real Estate – James DeRosa, Commissioner

MAYOR’S OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director

MAYOR’S OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra T. Pierce-Scott, Director

PHOTO LAB – William Rieter, Chief Photographer Ruggero Fatica, Photographer Clare Walters, Chief Clerk

PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Airport Divisions: Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, Commissioner of Airports Burke Lakefront Airport – Tony Campofredano, Airport Leader

PUBLIC HEALTH – Brian Kimball, Acting Director Divisions: Air Quality – David Hearne, Interim Commissioner Environment – Brian Kimball, Commissioner Health – Persis Sosiak, Commissioner Vital Statistics – Andrea Kacinari, City Registrar

PUBLIC SAFETY – Karrie D. Howard, Director Divisions: Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – Roger C. Smith, Administrator

City Departments Directory of City Officials April 23, 2021 The City Record 100

PUBLIC UTILITIES – Martin J. Keane, Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager Security – Robert Jarvis, Chief TV 20 – Kathy Allen, General Manager Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer Cleveland Water – Alex Margevicius, Commissioner Water Pollution Control – Ramona Lowery, Commissioner

PUBLIC WORKS – Michael Cox, Director Offices: Administration – John Laird, Manager Public Auditorium Susie Claytor, Deputy Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Recreation Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Anthony Scott, Commissioner Parking Facilities – Kim Johnson, Interim Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Acting Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner

WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Frank Brickner, Interim Executive Director/CEO

City Departments Directory of City Officials April 23, 2021 The City Record 101

Cleveland Municipal Court Justice Center – 1200 Ontario Street

Judge Courtroom Presiding and Administrative Judge Michael D. Earley 14-C Judge Pinkey S. Carr 15-C Judge Marilyn B. Cassidy 13-A Judge Emanuella Groves 14-B Judge Lauren C. Moore 15-A Judge Michael L. Nelson, Sr. 12-A Judge Ann Clare Oakar 14-A Judge W. Mona Scott (Housing Court Judge) 13-B Judge Charles L. Patton, Jr. 13-D Judge Suzan M. Sweeney 12-C Judge Jazmin Torres-Lugo 13-C Judge Shiela Turner McCall 12-B Judge Joseph J. Zone 14-D

Earle B. Turner – Clerk of Courts Russell R. Brown III – Court Administrator Belinda Gest – Housing Court Administrator Robert J. Furda – Chief Bailiff Dean Jenkins – Chief Probation Officer Gregory F. Clifford – Chief Magistrate

Cleveland Municipal Courts Directory of City Officials April 23, 2021 The City Record 102

City Links

Board of Building Standards and Building Appeals http://planning.city.cleveland.oh.us/bza/bbs.html

Board of Zoning Appeals http://planning.city.cleveland.oh.us/bza/cpc.html

City Bids

Invitations to Bid http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/BID

Requests for Proposals/Requests for Qualifications http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/ Finance/RFP

Cleveland Water http://www.clevelandwater.com/work-with-us/invitations-to-bid

Water Pollution Control http://wpc.clevelandwater.com/?page_id=3342

Cleveland Airports https://www.clevelandairport.com/about-us/business-cle/bids-rfps

City Jobs http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Hu manResources https://www.governmentjobs.com/careers/cleveland

City of Cleveland http://www.city.cleveland.oh.us/

City of Cleveland Charter and Codified Ordinances https://codelibrary.amlegal.com/codes/cleveland/latest/overview

Civil Service Commission http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/Civ ilServiceCommission

Cleveland City Council http://www.clevelandcitycouncil.org/

City Links Directory of City Officials April 23, 2021 The City Record 103

Cleveland Courts

Cleveland Municipal Court http://clevelandmunicipalcourt.org/home.html

Clerk of Courts – Cleveland Municipal Court https://clevelandmunicipalcourt.org/clerk-of-courts

Cleveland Housing Court http://clevelandhousingcourt.org/

City Links Directory of City Officials