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

October 2, 2020

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

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

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

Table of Contents

Click on an entry below to go to that section.

Official Proceedings – City Council 3 Council Committee Meetings 4 Board of Control Monday, September 28, 2020 5 Wednesday, September 30, 2020 9 Civil Service 20 Schedule of the Board of Zoning Appeals 29 Report of the Board of Zoning Appeals 33 Agenda of the Board of Building Standards and Building Appeals 35 Public Notice 40 City of Cleveland Bids 42 Adopted Resolutions and Passed Ordinances 50 Directory of City Officials City Council 103 Permanent Schedule — Standing Committees of Council 104 City Departments 105 Cleveland Municipal Court 110 City Links 111

Table of Contents October 2, 2020 The City Record 3

Official Proceedings City Council

Cleveland, Monday, September 28, 2020

There was no City Council meeting on Monday, September 28, 2020.

There will be a meeting of on Wednesday, October 7, 2020, at 11:00 a.m. Official Notice of this meeting and the agenda will be posted at www.clevelandcitycouncil.org, and at https://cityofcleveland.legistar.com/Calendar.aspx. This meeting will be held during the COVID-19 emergency declaration, and will be conducted as a virtual meeting 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 via cable broadcast or live streaming at www.tv20cleveland.com/watch-now/.

Official Proceedings – City Council October 2, 2020 The City Record 4

Council Committee Meetings

Tuesday, September 29, 2020 11:30 a.m.

Utilities Committee Present: Kazy, Chair; Bishop, Vice Chair; Hairston, McCormack, Polensek, Slife Authorized Absence: Santana

Wednesday, September 30, 2020 10:00 a.m.

Transportation Committee Present: Cleveland, Chair; Slife, Vice Chair; Bishop, J. Jones Authorized Absence: Conwell, Johnson, Santana

Council Committee Meetings October 2, 2020 The City Record 5

Board of Control

Monday, September 28, 2020

The Special Meeting of the Board of Control convened in the Law Department on Monday, September 28, 2020, at 10:22 a.m. with Director Langhenry presiding.

Members Present: Director Langhenry, Acting Director Gentile, Director Davis, Acting Directors Shaw, Johnson, Directors Howard, Menesse, West, Ebersole, Donald

Absent: Mayor Jackson, Interim Director Kimball, Director McNamara

Others Present: None

On motions, the resolutions attached were adopted, except as may be otherwise noted.

There being no further business, the meeting was adjourned at 10:24 a.m.

Stephanie Melnyk Acting Secretary – Board of Control

Board of Control From Monday, September 28, 2020 October 2, 2020 The City Record 6

Resolution No. 357-20 Adopted 9/28/00 By Director Howard

WHEREAS, under the authority of division (b) of Section 697A.03, Codified Ordinances of Cleveland, Ohio, 1976, provided that Cleveland City Council passes Ordinance No. 766-2020, by its Resolution No. 356-20, adopted September 23, 2020, the Board of Control approved certain rules and regulations (the "Regulations") promulgated by the Director of Public Safety related to temporary event security and a traffic plan to promote and protect the general safety and welfare of the residents of and visitors to the City of Cleveland during the 2020 Presidential Debate ("Debate") scheduled to be held at the Sheila and Eric Samson pavilion on the Foundation's on September 29, 2020; and

WHEREAS, Regulations Subsection I (b), "Effective Date," provided that the Regulations shall go into effect on September 29, 2020, at 12:01 p.m. and terminate at 4:00 a.m. Eastern Daylight Time on September 30, 2020, and Subsection II (e) defined the "Debate Period" to mean the time period commencing 12:01 p.m. on September 29, 2020, and extending until 4:00 a.m. on September 30, 2020, and Subsection I (g) defined the "Event Zone" to mean the boundary of the Event Zone from East 79th Street to Stokes Boulevard and Hough Avenue to Cedar Avenue; and

WHEREAS, to further ensure and enhance protection of the general safety and welfare of the residents of and visitors to the City of Cleveland during the Debate, the Director of Public Safety has determined it is necessary to modify the aforementioned "Effective Date," "Debate Period," and "Event Zone" provisions; now, therefore,

BE IT RESOLVED by the Board of Control of the City of Cleveland, that Board of Control Resolution No. 356-20, adopted September 23, 2020, is amended by revising Subsection I (b) "Effective Date," to provide that the Regulations shall go into effect on September 28, 2020, at 12:00 p.m. and terminate at 4:00 a.m. Eastern Daylight Time on September 30, 2020, and by revising the Subsection II (e) definition of "Debate Period" to mean the time period commencing at 12:00 p.m. on September 28, 2020, and terminating at 4:00 a.m. on September 30, 2020, and by revising the Subsection II (g) definition of "Event Zone" to also include an additional boundary as follows: Hough Avenue continuing on Mt. Sinai Drive to East 105th Street north to Martin Luther King Jr. Boulevard to East Boulevard to Euclid Avenue west on Euclid Avenue to Martin Luther King Jr. Boulevard and south Cedar Avenue.

BE IT FURTHER RESOLVED that all other provisions of Board of Control Resolution No. 356-20 not expressly amended above shall remain unchanged and in full force and effect.

Board of Control From Monday, September 28, 2020 October 2, 2020 The City Record 7

Board of Control From Monday, September 28, 2020 October 2, 2020 The City Record 8

Yeas: Director Langhenry, Acting Director Gentile, Director Davis, Acting Directors Shaw, Johnson, Directors Howard, Menesse, West, Ebersole, Donald

Nays: None

Absent: Mayor Jackson, Interim Director Kimball, Director McNamara

Board of Control From Monday, September 28, 2020 October 2, 2020 The City Record 9

Board of Control

Wednesday, September 30, 2020

The meeting of the Board of Control convened in the Mayor's office on Wednesday, September 30, 2020, at 10:35 a.m. with Director Langhenry presiding.

Members Present: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Directors Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Others Present: Tiffany White Johnson, Commissioner Purchases & Supplies

On motions, the resolutions attached were adopted, except as may be otherwise noted.

There being no further business, the meeting was adjourned at 10:39 a.m.

Stephanie Melnyk Acting Secretary – Board of Control

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 10

Resolution No. 358-20 Adopted 9/30/20 By Director Davis

REQUIREMENT CONTRACT

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

Cook Paving & Construction Co., Inc. for an estimated quantity of labor, material and installation necessary for the restoration of pavement, all items, for 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 July 22, 2020, under the authority of Ordinance No. 1296-18, passed November 26, 2018, which on the basis of the estimated quantity would amount to $3,029,514.00 (1%, net 10 days), 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.

BE IT FURTHER RESOLVED that the employment of the following subcontractor by Cook Paving & Construction Co., Inc. for the above-mentioned service is approved:

Subcontractor Work Percentage RAR Contracting Co., Inc. (CSB) $615,000.00 20.30%

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 11

Resolution No. 359-20 Adopted 9/30/20 By Director Kennedy

WHEREAS, under Purchase Orders Nos. 2012*279, 2014*174 and 2015*1596, and Board of Control Resolution No. 404-18, adopted October 3, 2018, the City through its Director of Port Control, entered into Contract No. PS2018*286 with PASSUR Aerospace, Inc. to acquire software licenses and services from PASSUR Aerospace, Inc. for its Portal Core and landing fee audit and landing fee management software modules; and

WHEREAS, under Section 181.102, Codified Ordinances of Cleveland, Ohio, 1976, ("C.O.") the City issued various purchase orders to, and through its Director of Port Control entered into contracts with, PASSUR Aerospace, Inc. to obtain the software maintenance services necessary to implement and maintain the landing fee management and billing and audit systems and the Portal Core modules, including, but not limited to, maintenance, technical support and other related services, renewal of software licenses and/or development necessary to update, upgrade, enhance, interface and integrate the various billing and other systems; and

WHEREAS, when a Director has been authorized to contract with a software developer or vendor, division (d) of Section 181.102 C.O. authorizes the director of the department for which the software is acquired to enter into an agreement with the software vendor for professional services necessary to implement and maintain the software system, including but not limited to maintenance, repair, upgrades, enhancements, training and technical support; and

WHEREAS, under the authority of Section 181.102 C.O. the City intends to enter into a contract with PASSUR Aerospace, Inc. to provide continued software maintenance and technical support for the aforementioned services at Cleveland Hopkins International Airport, for a one-year term starting October 1, 2020 and expiring September 30, 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 PASSUR Aerospace, Inc. to provide continued software maintenance and other technical support for the aforementioned Modules and Portal Core, at Cleveland Hopkins International Airport is fixed at not to exceed $146,058.12.

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 12

Resolution No. 360-20 Adopted 9/30/20 By Director Kennedy

WHEREAS, under Contract No. 2010*229, the City acquired software licenses and services from Harris Corporation, for the software maintenance of the Harris Symphony Enterprise Solutions;

WHEREAS, under various purchase orders and contracts with Harris Corporation, the City, through its Director of Port Control, has obtained the software maintenance services necessary to implement and maintain the Harris Symphony Enterprise Solutions Suite that will provide access to the National Airspace Systems real-time shared situational awareness and data visualization systems, including, but not limited to, maintenance, technical support and other related services, renewal of software and licenses and/or development necessary; and;

WHEREAS, when a director has been authorized to contract with a software developer or vendor, division (d) of Section 181.102 C.O. authorizes the director of the department for which the software is acquired to enter into an agreement with the software vendor for professional services necessary to implement or maintain the software system, including but not limited to maintenance, repair, upgrades, enhancements, training and technical support; and

WHEREAS, under the authority of Section 181.102 C.O. the City intends to enter into a contract with L3Harris Technologies, Inc. f/k/a Harris Corporation, to provide continued software maintenance for the Harris Symphony Enterprise Solutions Suite that will provide access to the National Airspace Systems real-time shared situational awareness and data visualization systems at Cleveland Hopkins International Airport, for a period of one year starting upon execution, as the sole vendor authorized to provide such services; 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 L3Harris Technologies, Inc. for software maintenance of the Harris Symphony Enterprise Solutions Suite at Cleveland Hopkins International Airport is fixed at not to exceed $115,735.00.

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 13

Resolution No. 361-20 Adopted 9/30/20 By Director Spronz

WHEREAS, under the authority of Ordinance No. 637-19, passed by the Council of the City of Cleveland on June 4, 2018, and Resolution Nos. 552-19 and 204-20, adopted by this Board of Control on November 13, 2019, and June 10, 2020, respectively, the City, through its Director of Capital Projects, entered into City Contract No. PS2020*001 with Wiss, Janney, Elstner Associates, Inc. to perform the architectural/engineering services necessary to implement the Capital Improvements Project and a first modification thereto in the total amount of $723,300.00 as modified; and

WHEREAS, the City requires additional architectural/engineering services to include emergency repair of additional deteriorated masonry which was discovered during the building assessment under Contract No. PS2020*001; and

WHEREAS, Wiss, Janney, Elstner Associates, Inc. has proposed by its July 6, 2020, letter to perform the above-mentioned additional services in the amount of $40,000.00; now, therefore,

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that the City, through its Director of Capital Projects, is authorized to enter into a second modification to Contract No. PS2020*001 with Wiss, Janney, Elstner Associates, Inc. for the above-mentioned additional architectural/engineering services for an additional amount not to exceed $40,000.00, thereby increasing the total compensation under the contract to $763,300.00.

BE IT FURTHER RESOLVED that the employment of the following sub-consultants for the services to be performed under the above-authorized second modification is approved:

Regency Construction Service, Inc. CSB $2,500.00 6.25% Cleveland Building Restoration FBE $3,950.00 9.88%

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 14

Resolution No. 362-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 138-15- 087 located at 4221 East 124th Street; and

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

WHEREAS, Kristie Baez 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 2 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 Kristie Baez for the sale of Permanent Parcel No. 138-15-087 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, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 15

Resolution No. 363-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 103-30- 075 located on East 36th 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, Andre Johnson has proposed to the City to purchase the parcel for yard expansion; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 5 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 Andre Johnson for the sale of Permanent Parcel No. l 03-30-075 located on East 36th Street, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

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

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 16

Resolution No. 364-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 113-24- 042 located at 1285 East 167th Street; and

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

WHEREAS, Ferrone Williams 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 8 has either approved the proposed sale or has not disapproved or requested a hold of the proposed sale within 45 days of notification of it;

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

BE IT RESOLVED BY THE BOARD OF CONTROL OF THE CITY OF CLEVELAND that under Section 183.021 of the Codified Ordinances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Supplies is authorized, when directed by the Director of Community Development, and the Mayor is requested, to execute an Official Deed for and on behalf of the City of Cleveland, with Ferrone Williams for the sale and development of Permanent Parcel No. 113-24-042 located at 1285 East 167th Street, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

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

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 17

Resolution No. 365-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 120-06- 031 located at 10706 Lee Avenue; 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, The Orlean Company has proposed to the City to purchase and develop the parcel for new housing construction; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 9 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 The Orlean Company, or its designee, for the sale and development of Permanent Parcel No. 120-06-031, 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, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 18

Resolution No. 366-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 120-07- 031 located at 1435 East 108th 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, The Orlean Company has proposed to the City to purchase and develop the parcel for new housing construction; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 9 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 The Orlean Company, or its designee, for the sale and development of Permanent Parcel No. 120-07-031, located at 1435 East 108th Street, according to the Land Reutilization Program in such manner as best carries out the intent of the program.

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

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 19

Resolution No. 367-20 Adopted 9/30/20 By Director Menesse

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

WHEREAS, under the Program, the City has acquired Permanent Parcel No. 007-23- 041 located 2647 West 32nd Place; and

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

WHEREAS, Annemarie Geffert has proposed to the City to lease the parcel for greenspace; and

WHEREAS, the following conditions exist:

1. The member of Council from Ward 3 has either approved the proposed lease or has not disapproved or requested a hold of the proposed lease within 45 days of notification of it;

2. The proposed lessee 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, to execute a lease for a term of three (3) years, for and on behalf of the City of Cleveland, with Annemarie Geffert for the lease and development of Permanent Parcel No. 007-23-041 located 2647 West 32nd Place, 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 lease of the parcel shall be $3.00.

Yeas: Directors Langhenry, Davis, Acting Director Shaw, Director Cox, Acting Director Coulter, Directors Menesse, West, Ebersole, McNamara, Donald

Nays: None

Absent: Mayor Jackson, Director Dumas, Interim Director Kimball

Board of Control From Wednesday, September 30, 2020 October 2, 2020 The City Record 20

Civil Service

Announcement Number: CS2020-049

PATROL OFFICER (OPEN)

Public notice is hereby given, by the Civil Service Commission of Cleveland, Ohio, of an open competitive examination for the above classification.

READ THIS TEST ANNOUNCEMENT IN ITS ENTIRETY BEFORE YOU BEGIN YOUR APPLICATION!

FILING OF APPLICATION

Application must be made electronically through:

www.governmentjobs.com/careers/cleveland

No other form or method of application will be accepted. Absolutely no paper applications will be accepted.

THE ELECTRONIC APPLICATION PERIOD IS FROM 12:01 A.M. ON THURSDAY, OCTOBER 1, 2020, UNTIL 11:59 P.M. ON FRIDAY, NOVEMBER 13, 2020.

NOTE: APPLICATIONS WILL NOT BE ACCEPTED AFTER 11:59 P.M. ON FRIDAY, NOVEMBER 13, 2020.

THE CIVIL SERVICE COMMISSION'S POLICY IS THAT NO LATE FILING WILL BE ALLOWED.

NOTE: ONCE YOU SUBMIT YOUR APPLICATION, FURTHER CHANGES TO THAT APPLICATION WILL NOT BE PERMITTED SO MAKE SURE YOU HAVE FILLED EVERYTHING OUT CORRECTLY AND ATTACHED THE REQUIRED DOCUMENTS. CIVIL SERVICE WILL ONLY PROCESS ONE APPLICATION PER PERSON!

All correspondence, notifications and certifications will be via email. Certain notices an applicant may receive will have specific deadlines for a required email response. Applicants should monitor their email accounts closely (checking spam folders is highly recommended), and promptly respond to all notifications.

All additional attachments and any updates of your online profile must be made at:

[email protected]

Civil Service October 2, 2020 The City Record 21

All attachments should be either PDF or JPEG (JPG) files of not more than 5mb. Do not send documents in anything other than these formats. Items submitted as Google Docs, links, or other “cloud” based formats will not be accepted.

Also, please type “Patrol Officer” in the Subject line of that email.

IMPORTANT NOTE: At the time of submitting an application, copies of the following items are required to be uploaded as attachments* to that application:

1. Proof of Education (as described below); 2. Driver’s License or Government Issued ID; 3. Proof of Residency (as described below), which is only required if the applicant is a resident of Cleveland seeking residency credit for the examination; and 4. DD-214 or other materials to prove veteran’s status (as described below), which is only required if the applicant is seeking veteran’s preference points.

* These items should be uploaded under the “Attachments” tab in your application. They should be either PDF or JPEG (JPG) files of not more than 5mb.

NOTE: YOU ARE NOT APPLYING FOR AN IMMEDIATE JOB OPENING. YOU ARE APPLYING TO TAKE AN EXAMINATION WHICH WILL BE USED TO CREATE AN ELIGIBLE LIST FOR THIS JOB CLASSIFICATION. THAT LIST WILL BE USED FOR FUTURE HIRES IN THIS JOB CLASSIFICATION.

FILING FEE

There is no filing fee or testing fee for this examination.

SALARY

The starting salary while in the Police Training Academy is $15.00 per hour. Upon successful completion of the Academy, the salary for Patrol Officer is $53,779.43 per year.

DUTIES

Under supervision of a Sergeant or other superior officer, performs general and special police duty in an assigned district or unit in the preservation of law and order. Protect life and property. Enforces laws and ordinances. Prevents and detects crime. Work involves an element of personal danger. Must be willing and capable of carrying any Divisional issued weapon and wearing any Divisional issued equipment or uniform. Testifies at administrative or judicial proceedings as required. Acts without direct supervision and exercises independent judgment in meeting complex situations. Performs other job-related duties as required. Follows all operations and safety policies and safe work practices. Attends and participates in operations and safety training classes and demonstrates competence (demonstration of competence may be

Civil Service October 2, 2020 The City Record 22 determined by exam). Wears and properly utilizes safety equipment in accordance with Divisional policy at all times.

MINIMUM QUALIFICATIONS

AGE: Applicant must be a minimum of 21 years of age and no older than 39 years of age AT THE TIME OF APPOINTMENT TO THE CITY OF CLEVELAND POLICE TRAINING ACADEMY.

EDUCATION: Applicants must indicate in their application, and present proof at the time of filing, that they have received a High School Diploma* from an accredited educational institution or have satisfactorily completed the General Education Development Test (GED). One of the following must be attached to your application in either a PDF or JPEG format at the time of filing:

A. High School Diploma B. GED C. Letter on official stationery from High School or Board of Education stating that the applicant did graduate. D. DD-214 (Separation from Active Duty) which specifically indicates the individual graduated from High School or passed the General Education Development Test.

* If the applicant graduated from, for example, a Charter School, was home schooled, or graduated from a school outside of Ohio, applicant MUST be able to document that the requirements of the state in which the diploma/GED was issued were met.

APPLICANTS MUST SUBMIT A COPY OF PROOF OF IDENTITY, AGE AND EDUCATION WHEN THEY FILE AN APPLICATION. THE CIVIL SERVICE COMMISSION RESERVES THE RIGHT TO VERIFY THE AFOREMENTIONED DOCUMENTS AND TO WITHHOLD THE ACCEPTANCE OR REJECTION OF APPLICATION UNTIL SUCH VERIFICATION CAN BE OBTAINED.

DRIVER’S LICENSE

Applicant must have a valid State of Ohio Driver’s License PRIOR to appointment to the Police Academy.

CITIZENSHIP

Applicant must be a citizen of the United States PRIOR to appointment to the Police Academy.

WORK HOURS

A Police Cadet and Patrol Officers must be available to work any shift on any day of the week.

Civil Service October 2, 2020 The City Record 23

EXAMINATION INFORMATION

TYPE: ELECTRONIC EXAMINATION

The examination will be administered electronically by National Testing Network (NTN). After applicants’ applications have been reviewed and approved, they will be directed via email to NTN’s website with an identifying voucher number to schedule their examination. NTN has testing centers available in Cleveland and many other locations nationally for candidates’ convenience. Applicants will be responsible for scheduling and taking their examination during the testing period which will run from Friday, October 9, 2020, to Friday, December 4, 2020. Candidates MUST schedule their exams within 15 days of the date their approval and voucher is emailed; candidates who do not do so may have a test session assigned to them. It is the candidates’ sole obligation to ensure that they are completing testing within the stated timeframe.

NOTE: Any person who has previously taken an NTN test for Law Enforcement must note that NTN does not permit that person to test again within 90 days of testing. If applicants filed for and took an examination in another city within 90 days, the applicants are responsible for paying NTN to forward their test results to Cleveland Civil Service. Such results must be received by Cleveland Civil Service no later than the last day of testing (December 4).

The Secretary to the Civil Service Commission shall have the discretion to extend the filing period and/or electronic testing period. If so extended, this announcement will be modified accordingly.

AMERICAN’S WITH DISABILITIES ACT

Any individual with a disability who requires reasonable accommodation in order to compete effectively on this examination should go the following link: https://www.nationaltestingnetwork.com/publicsafetyjobs/faqs.cfm to read what NTN requires from the individual taking one of its tests who is requesting accommodation.

ADDITIONAL SELECTION PROCEDURES

Applicants who receive a passing grade on the written examination and rank high enough on the eligible list for Patrol Officer and receive Civil Service Certification will be subject to the following evaluation steps:

Physical Abilities Examination: The test is designed to evaluate physical ability to perform the duties of a Patrol Officer. You will be scored on a pass/fail basis, based on the time, number of repetitions, etc. required for you to complete the test. The Division of Police may be offering conditioning camps to prepare candidates for the PAT. Candidates can go to Facebook and type in City of Cleveland Public Safety Recruitment and click on Events to see a list of any available conditioning camp times, dates, and places for the next week. They can also email [email protected] or call 216-623-5233 to talk to contact Police recruitment. The standards for the

Civil Service October 2, 2020 The City Record 24 components of the exam (which are based on age and gender), can be found at the end of this announcement.

Drug Screening: Each applicant shall undergo an examination for drug usage. This examination may be in the form of urinalysis. Any applicant whose results from the drug screening examination are determined to be positive shall be removed from the eligibility list unless such results can be satisfactorily related to the advice of a recognized medical practitioner. Drug screening may also be conducted after appointment to the academy.

Background Investigation: Background investigation and evaluation may include interviews with present and previous employers. Neighbors and family may also be contacted as part of the investigation. In addition, an in-person interview with the applicant may also be part of this. There will also be a check of Local and State Police and FBI records, both adult and juvenile, and Bureau of Motor Vehicle records will be made. The background test also includes review of sealed and expunged records. Unsatisfactory findings in one or more of these areas may be cause for removal from the Civil Service eligibility list. Conviction of a felony is absolute grounds for removal from the list. Any applicant convicted of a felony will be removed from the eligible list and will receive no further consideration. There are also misdemeanor convictions that would result in the removal of an applicant from the eligibility list.

Psychological Evaluation: A psychological evaluation to determine the applicant’s emotional suitability to perform all aspects of the job will be conducted. Each applicant may be required to take several written examinations. These, along with the results of the background investigation, will be submitted to one or more psychologist(s)/psychiatrist(s) who will interview the candidates. All records of the psychological and background examinations will be made available to the Civil Service Commission. The Commission will review such records and make the final determination of each applicant’s suitability for removal from the eligible list.

Medical Examination: Any appointment to the position of Patrol Officer will be conditioned upon passing a pre-employment medical examination conducted in accordance with the provisions of Title I of the Federal American’s with Disabilities Act (ADA). A copy of the ADA may be obtained online. The standards for the medical examination are available for review online through the City’s website (http://city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/CivilSer viceCommission/CivilServicePublications).

Please note that the Online Application Guide is also at this address.

LIFE OF THE ELIGIBILITY LIST

The life of the eligibility list from this examination will not exceed one year from the date the list is established. Candidates will remain eligible for no more than one year from the date they have been added to the eligibility list.

Civil Service October 2, 2020 The City Record 25

RESIDENCY CREDIT

In accordance with the Charter of the City of Cleveland: A person who has had as his/her legal residence in the City of Cleveland for at least one year at the time of filing a Civil Service application, and desires to take an entry-level Civil Service examination, shall, if a passing grade on the written examination is attained, have ten (10) points added to his/her passing score.

In order to receive residency credit, applicants must attach LEGIBLE files of three (3) different proofs of residency from ONE YEAR AGO* and three (3) different proofs of residency that are CURRENT** (A total of SIX documents) for verification at the time of filing. (“Different” means that an applicant can provide (for example) a bank statement from a year ago, and a current statement for the same bank account, but cannot provide multiple statements from the same account for different months to satisfy the three (3) proofs requirement.)

Such proofs include:

• Driver’s License • Bank Statements • Utility Bills • Mortgage or Lease Agreement • Bills from creditors not listed above • Other Postmarked mail such as magazines with name and mailing label attached, organization newsletters, medical/dental bills, voter registration card, or motor vehicle registration • Insurance Statement (Home insurance, rental insurance, car insurance or other insurance documents).

WE DO NOT ACCEPT THE FOLLOWING AS PROOFS OF RESIDENCY:

• Pay stubs • Rental Receipts • Tax Returns • W-2 Tax Forms unless sent by US Mail

* “ONE YEAR AGO” SHALL BE ONE YEAR PREVIOUS TO DATE OF FILING. For example, if you are filing for the examination in November of 2020 you must present three (3) different documents dated September, October and/or November of 2019.

** “CURRENT” SHALL BE WITH IN THE LAST THREE MONTHS. For example, if you are filing for the examination in November of 2020 you must present three (3) different documents dated September, October and/or November of 2020.

Civil Service October 2, 2020 The City Record 26

NOTE: IF CREDITORS ARE PAID ONLINE, A COPY OF THE BILL IS TO BE PRINTED SHOWING THE ADDRESS OF THE APPLICANT. THE DATE OF THE BILL MUST BE VISIBLE.

NOTE: Applicants who are under the age of 25 who do not have sufficient bills or items in their own name may provide one or more proof documents bearing their own name and Cleveland address, and supplement it with the additional required proofs from a spouse or blood relative with whom they reside; provided that such other person also provides a notarized statement that the applicant has resided with them at that address for more than a year prior to the date of application and provides the missing documentation in their own name with their Cleveland address.

NOTE: PURSUANT TO THE CHARTER OF THE CITY OF CLEVELAND AND RULES OF THE CIVIL SERVICE COMMISSION AND THE OHIO REVISED CODE:

Any applicant that willfully provides any false document, statement, or certification in regard to any test will be terminated from all processing, removed from any eligible list, and may face possible criminal prosecution.

VETERANS’ PREFERENCE

Veterans’ preference will be awarded, when applicable, to eligible veterans in accordance with Civil Service Rules 4.40E, 4.40F and 4.40G. Proof of active service or a DD Form 214, must be presented to the Commission at the time of filing application for the examination in which credit is sought in order to qualify for veterans’ credit. If the applicant has received an honorable discharge or a general discharge under honorable conditions that applicant shall receive an additional five (5) points added to their raw score on the examination. Applicants that are currently serving in the military for at least 180 consecutive days may submit their most recent LES.

NOTE: Only DD Form 214 (long form) or an official armed service document indicating type of discharge or separation and the dates of active service will be accepted as proof of active service.

NOTE: Applicants who desire additional Veterans’ Credit (as provided for in Rule 4.40E) will be required to submit a copy of an affidavit stating the applicant’s date of separation from active duty, date of discharge, and percentage of disability together with documentation from the Veteran’s Administration confirming such disability; and shall understand that this affidavit will be subject to verification by the Civil Service Commission. Any false information provided on this affidavit will be considered as a falsification of application and result in the applicant being removed from the eligible list upon discovery of the error (in accordance with Civil Service Rule 5.40).

THE COMMISSION WILL NOT ENTERTAIN APPEALS FOR VETERANS’ PREFERENCE CREDIT OR RESIDENCY BONUS POINTS AFTER THE APPLICANT HAS FILED HIS/HER APPLICATION. THE DECISION OF THE COMMISSION IS FINAL.

Civil Service October 2, 2020 The City Record 27

TIE SCORES

In accordance with Civil Service Rule 5.10, in an Open examination, should two or more applicants receive the same grade, the order in which their names shall be placed on the eligible list shall be determined by random selection.

THE POLICE TRAINING ACADEMY

The Police Training Academy will include classes in the area. Candidates being considered for appointment into an Academy class will be provided specific information about the Academy at the time their names are certified for processing.

WAIVER OF RULES

The Civil Service Commission hereby waives all applicable rules or portions of its rules which may or may not conflict with the Charter of the City of Cleveland and/or litigation involving this examination. In particular:

1. Rule 4.30D (The waiver of this Rule shall mean that a medical examination will not be administered prior to the establishment of the eligible list.) 2. Rule 4.30F (The waiver of this Rule shall mean that applicants who fail the psychological examination may obtain a re-examination to gain a second opinion.) 3. Rule 6.80 (The waiver of this Rule shall mean that the probationary period for Patrol Officer shall be fixed at six months upon Appointment after completion of the Police Academy; cadets in the Academy also have a probationary period which commences the first day of the Academy.) 4. Rule 4.50 (The waiver of this Rule shall mean that there will be no review periods for this examination.)

The aforementioned Civil Service Rules are hereby waived either in their entirety or in part. The Commission retains the right to waive other Rule requirements as appropriate.

Applicants having questions regarding these waivers should contact the Civil Service Office at (216) 664-2467.

AN EQUAL OPPORTUNITY EMPLOYER

Civil Service October 2, 2020 The City Record 28

AGILITY TESTING REQUIREMENTS

The Physical Agility Test is broken down into three events: One minute of pushups; One minute of sit ups; and a 1.5-mile run. Each event is further broken down into age groups (20 to 29 years of age or 30 to 39 years of age) as well as by gender (male and female).

On the following chart, the minimum number of repetitions for the pushups and the sit ups for each group is indicated. The maximum number of minutes and seconds allowed for the 1.5 mile run for each group is also noted.

ONE MINUTE PUSH UPS

20 – 29 years 30 – 39 years MALE 19 15 FEMALE 9 7

ONE MINUTE SIT UPS

20 – 29 years 30 – 39 years MALE 32 28 FEMALE 23 18

1.5 MILE RUN

20 – 29 years 30 – 39 years MALE 14:34 15:13 FEMALE 17:49 18:37

Civil Service October 2, 2020 The City Record 29

Schedule of the Board of Zoning Appeals

Monday, October 12, 2020

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. 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]. You can also email Secretary Elizabeth Kukla at [email protected].

9:30 Calendar No. 20-139: 2431 West 5th Street Ward 3 – Kerry McCormack 5 Notices Charlie Foy, owner, proposes to expand non-conforming three dwelling by adding a fourth live/work unit 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. Division (a) of Section 337.03, which states that a four dwelling unit building (three dwelling units and a live/work unit) (specific “work” not listed in application) is not permitted in a Two-Family Residential District, first permitted in a Live/Work Overlay District, which can only be mapped in a business or industry zoning district per Cleveland Zoning Code Chapter 346.

2. Section 349.04, which states that at least one additional parking spot is required; site plan not provided showing parking.

Schedule of the Board of Zoning Appeals For Monday, October 12, 2020 October 2, 2020 The City Record 30

3. Division (a) of Section 359.01, which states that expansion/addition of a non- conforming use requires approval by the Cleveland Board of Zoning Appeals. (Filed September 9, 2020)

9:30 Calendar No. 20-140: 12716 Buckeye Road Ward 4 – Kenneth L. Johnson 16 Notices WEBH INC., owner, proposes to establish use as a carry-out restaurant in a C2 Residence-Office District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (b)(2)(F) of Section 343.01, which states that restaurants are first permitted in a C2 Local Retail Business District. (Filed September 9, 2020)

9:30 Calendar No. 20-141: 2117 West 18th Street Ward 3 – Kerry McCormack 14 Notices Leonard J. & Patricia Wisander, owners, propose to erect a 25-foot by 40-foot, one-story frame, single-family residence with attached garage in a D1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (c) of Section 357.13, which states that an air conditioning unit is not a permitted Interior Side Yard Encroachment.

2. Division (b) of Section 355.04, which states that the minimum required lot area is 4800 square feet, and the appellant is proposing 2,795 feet.

3. Division (b)(1) of Section 357.08, which states that the required rear yard is 20 feet; appellant is proposing 19 feet. (Filed September 15, 2020)

9:30 Calendar No. 20-142: 1711 Bradford Avenue Ward 3 – Kerry McCormack 14 Notices Leonard J. & Patricia Wisander, owners, propose to erect a 35-foot by 65-foot, one-story frame, single-family residence with attached garage in a D1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (c) of Section 357.13, which states that an air conditioning unit is not a permitted Interior Side Yard Encroachment.

Schedule of the Board of Zoning Appeals For Monday, October 12, 2020 October 2, 2020 The City Record 31

2. Division (b) of Section 355.04, which states that the minimum required lot width is 40 feet; proposing 35 feet. This section also states that the minimum required lot area is 4800 square feet; proposing 2,730 square feet.

3. Division (b)(1) of Section 357.08, which states that the required rear yard is 20 feet; the appellant is proposing three feet.

4. Division (b)(2) of Section 357.09, which states the minimum required distance between dwellings on adjacent lot is six feet, and the appellant is proposing five feet six inches. (Filed September 15, 2020)

9:30 Calendar No. 20-143: 2123 West 18th Street Ward 3 – Kerry McCormack 14 Notices Leonard J. & Patricia Wisander, owners, propose to erect a 25-foot by 40-foot, one-story frame, single-family residence with attached garage in a D1 Two-Family Residential District. The owner appeals for relief from the strict application from the following sections of the Cleveland Codified Ordinances:

1. Division (c) of Section 357.13, which states that an air conditioning unit is not a permitted Interior Side Yard Encroachment.

2. Division (b) of Section 355.04, which states that minimum required lot width is 40 feet; appellant is proposing 35 feet. Minimum required lot area is 4800 square feet; appellant is proposing 2,275 feet.

3. Division (b)(1) of Section 357.08, which states that the required rear yard is 20 feet; appellant is proposing 19 feet. (Filed September 15, 2020)

9:30 Calendar No. 20-144: 14141 Triskett Road Ward 16 – Brian Kazy 10 Notices Jacquelyn Wilson & Brenda Verdill, owners, propose to install a pre-manufactured front porch enclosure system to wooden deck (eight feet five inches by 13 feet five inches) of a two-family residence 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 (b)(4) of Section 357.13, which states that Enclosed Front Porches shall not project more than four feet; appellant proposing eight feet five inches. (Filed September 15, 2020)

Schedule of the Board of Zoning Appeals For Monday, October 12, 2020 October 2, 2020 The City Record 32

9:30 Calendar No. 20-145: 1571 East 32nd Street Ward 7 – Basheer S. Jones 11 Notices Cuyahoga County Land Bank, owner, proposes to build an eight (8) car parking lot 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. Division (a) of Section 337.18, which states that accessory off-street parking spaces, driveways, and maneuvering areas shall be properly graded for drainage so that all water is drained within the lot providing such parking spaces, surfaced with concrete, asphaltic concrete, asphalt or similar surfacing material, maintained in good condition and free of debris and trash.

2. Division (b) of Section 337.18, which states that accessory off-street parking spaces shall be provided with wheel or bumper guards that are so located that no part of a parked vehicle will extend beyond such parking space.

3. Division (b) of Section 349.08, which states that where five (5) or more accessory off-street parking spaces are provided, and are located on a lot that is adjacent to a Residence District or that adjoins a building containing dwelling units, such parking spaces shall be screened from all adjoining lots in the residence district or a building containing dwelling units, by an opaque wall, uniformly painted fence of fire-resistant material or a strip of land at least four (4) feet wide and densely planted with shrubs that form a dense screen year-round. Such wall, fence or shrubs shall be at least three (3) feet, but not more than six (6) feet six (6) inches in height.

4. Division (c) of Section 349.13, which states that Board of Zoning Appeal’s approval is required for a parking lot in a residence district.

5. Section 352.10, which states that a six (6) foot wide landscaped frontage strip is required. (Filed September 16, 2020)

Schedule of the Board of Zoning Appeals For Monday, October 12, 2020 October 2, 2020 The City Record 33

Report of the Board of Zoning Appeals

Monday, September 28, 2020

At the meeting of the Board of Zoning Appeals on Monday, September 28, 2020, the following appeals were scheduled for hearing before the Board and;

The following appeals were APPROVED:

Calendar No. 20-136: 4903 West 13th Street Joseph J. Semary, owner, proposes to construct a 440-square-foot living room addition per plans in an A1 One-Family Residential District.

Calendar No. 20-138: 1928 West 50th Street (Rear Dwelling) Theresa Gorski, owner, proposes to erect a 24-foot by 38-foot, two-story frame, single- family residence in-law suite on second floor of existing two-car garage with open patio in a B1 Two-Family Residential District.

Calendar No. 20-146: 353 East 123rd Street Gary Cooper, owner, proposes to construct a one story 22-foot by 26-foot (572 square feet) metal frame garage in an A1 One-Family Residential District.

Calendar No. 20-120: 3125 West 14th Street Franklin Deriveria, owner, proposes to enclose existing wooden open front porch of a single-family residence in a D1 Multi-Family Residential District.

The following appeals were DENIED: None

The following appeals were WITHDRAWN:

Calendar No. 20-116: 1424 East 25th Street 1424 East 25, LLC, owner, proposes for interior alterations and change of use to a community center with live entertainment in a C6 Semi-Industry District.

Calendar No. 20-107: 3886 Lee Road Hani Alhadidi, owner, proposes to establish use as a carryout restaurant in a G1 Local Retail Zoning District and an Urban Form Overlay District.

The following appeals were DISMISSED:

Calendar No. 20-137: 1347 East 185th Street Willie Bonner, owner, proposes to build a 36-foot by 38-foot (1,368 square feet) wood frame, single-story garage on a 9,250-square-foot lot located in an A1 One-Family Residential District.

Report of the Board of Zoning Appeals From Monday, September 28, 2020 October 2, 2020 The City Record 34

The following cases were REINSTATED: None

The following cases were POSTPONED: None

The following cases were heard by the Board of Zoning Appeals on Monday, September 21, 2020, and the decisions were adopted and approved on Monday, September 28, 2020:

The following appeals were APPROVED:

Calendar No. 20-122: 2802 Church Avenue (Granted conditionally) Hingetown LLC, owner, proposes to construct a series of seven small metal Quonset hut-type buildings for retail or residential live work tenant in a D3 Local Retail Business District and a Pedestrian Retail Overlay District.

Calendar No. 20-127: 303 Groveland Club Drive Jay A. Ruffner and Donald Stuart Oakes Jr., owners, propose to build a 16-foot by 20- foot wood frame garage in an A1 One-Family Residential District.

Calendar No. 20-132: 1485 East 65th Street Frontline Development, owner, proposes to erect a two-story frame, single-family residence with attached garage in a B1 Multi-Family Residential District.

Calendar No. 20-133: 1489 East 65th Street Frontline Development, owner, proposes to erect a two-story frame, single-family residence with attached garage in a B1 Multi-Family Residential District.

Calendar No. 20-050: 3586 East 140th Street Sharon Love, owner, proposes to use existing single-family residence for maximum of five people Residential Care Facility.

Calendar No. 20-072: 5909 Cable Avenue ABA Enterprise Connect LLC., owner, proposes to establish use as a children's boarding home for ages 10-17 in a B1 Two-Family Residential District.

Report of the Board of Zoning Appeals From Monday, September 28, 2020 October 2, 2020 The City Record 35

Agenda of the Board of Building Standards and Building Appeals

Wednesday, October 14, 2020

Board of Building Standards and Building Appeals 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-1-20 17639 Harvard Avenue WARD: 1 (Joseph T. Jones)

Alex Jones, owner of the One-Story Garage – Detached; Wood Frame Property appeals from a NOTICE OF VIOLATION – CONDEMNATION – GARAGE, dated December 23, 2019; appellant is requesting for six (6) months to complete abatement of the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, October 14, 2020 October 2, 2020 The City Record 36

Docket A-2-20 914 East 149th Street WARD: 10 (Anthony T. Hairston)

Cross Cay LLC, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Masonry Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 13, 2019; appellant is requesting for until April 2020 to complete abatement of the violations.

Docket A-3-20 1140 East 114th Street WARD: 12 (Anthony Brancatelli)

Violet Clemons, owner of the One Dwelling Unit; Single-Family Residence; Two-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated December 10, 2019; appellant is requesting until February 6, 2020, to complete abatement of the violations.

Docket A-4-20 3992 East 148th Street WARD: 1 (Joseph T. Jones)

The Moore/Thompson Irrevocable Trust, George Moore, Trustee, owner of the One Dwelling Unit; Single-Family Residence; One-and-Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – EXTERIOR MAINTENANCE, dated December 9, 2019; appellant is requesting for six (6) months to complete abatement of the violations.

Docket A-6-20 1351 West 61st Street WARD: 15 (Matt Zone)

Daniel G. Rampini, owner of the Two Dwelling Units; Two-Family Residence; Two- and-Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – LEAD VIOLATION, dated December 11, 2019; appellant is requesting one hundred eighty (180) days to abate the violations.

WITHDRAWN (Per the Appellant request) Docket A-7-20 2167 West 104th Street WARD: 15 (Matt Zone)

Guardian City Investments LLC, owner of the Two Dwelling Units; Two-Family Residence; Two-and-Half-Story Frame Property, appeals from a NOTICE OF VIOLATION – INTERIOR/EXTERIOR MAINTENANCE, dated December 12, 2019; appellant is requesting for two (2) months to abate the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, October 14, 2020 October 2, 2020 The City Record 37

Docket A-8-20 3541 East 151st Street WARD: 1 (Joseph T. Jones)

Charlene Lynch, owner of the Two Dwelling Units; Two-Family Residence; Two-and- Half-Story Wood Frame/Siding/Masonry Veneer Property, appeals from a NOTICE OF VIOLATION – FIRE DAMAGE, dated December 9, 2019; appellant is requesting until May 2020 to complete abatement of the violations.

Agenda of the Board of Building Standards and Building Appeals For Wednesday, October 14, 2020 October 2, 2020 The City Record 38

Approval of Resolutions

Docket/s:

A-5-20 Eric LUTZO Managing Partner Store Properties A-14-20 Vesta Lynette, LLC A-15-20 Vesta Corp. A-18-20 Melvin J. Logan Jr. A-49-20 Denison UCC

Approval of Minutes

September 30, 2020

Agenda of the Board of Building Standards and Building Appeals For Wednesday, October 14, 2020 October 2, 2020 The City Record 39

MEMO

To: Tom Vanover, Commissioner/CBO

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

Date: October 14, 2020

Subject: Request for presence at board hearing

The Board of Building Standards and Building Appeals requests 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, October 14, 2020, at approximately 9:30 a.m.

DOCKET NO. ADDRESS INSPECTOR/S

HOUSING:

A-1-20 17639 Harvard Avenue K. Harris A-2-20 914 East 149th Street D. Turic A-3-20 1140 East 114th Street J. Davis A-4-20 3992 East 148th Street K. Harris A-6-20 1351 West 61st Street A. Cvitic A-8-20 3541 East 151st Street K. Harris

Agenda of the Board of Building Standards and Building Appeals For Wednesday, October 14, 2020 October 2, 2020 The City Record 40

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, October 6, 2020 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, October 6, 2020, at 9:30 a.m., to consider the following ordinances now pending in the Council:

Ord. No. 703-2020 By Council Member McCormack An ordinance changing the Use, Area, and Height Districts of a parcel of land east of Scranton Road and south of Kenilworth Avenue and adding an Urban Form Overlay District (Map Change 2614).

Ord. No. 704-2020 By Council Member McCormack An ordinance changing the Use, Area and Height Districts of a parcel of land on the Northwest side of Literary Road at the intersection of West 10th Street known as Permanent Parcel Number 004-12-091 and adding an Urban Form Overlay along the Literary Road Frontage (Map Change 2613).

Ord. No. 760-2020 By Council Member Brancatelli An ordinance changing the Use, Area and Height Districts of parcels of land north and south of Harvard Avenue between East 55th Street and the western property line of 6900 Harvard Avenue (aka Permanent Parcel Number 132-25-006). (Map Change 2616).

Public Notice October 2, 2020 The City Record 41

Ord. No. 761-2020 By Council Member Slife An ordinance changing the Use, Area and Height Districts of parcels of land west of Rocky River Drive between Dartmouth Avenue and Usufruct Avenue (Map Change 2610).

There are two ways for the public to submit comments for the Committee to consider about this legislation. Please reference the ordinance number (703-2020, 704- 2020, 760-2020 or 761-2020) and/or a description of the property in any communication.

• Email: [email protected]

• 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 October 5, 2020.

Anthony Brancatelli, Chair Committee on Development, Planning & Sustainability

Public Notice October 2, 2020 The City Record 42

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. 77-20 File No. 81-20

File No. 78-20 File No. 82-20

File No. 79-20 File No. 83-20

File No. 80-20

City of Cleveland Bids October 2, 2020 The City Record 43

BID OPENS – THURSDAY, OCTOBER 15, 2020

File No. 77-20: 2020 Personal Protective Equipment Contract FOR THE DIVISION OF FIRE FOR THE DEPARTMENT OF PUBLIC SAFETY, AS AUTHORIZED BY ORDINANCE 1667-83 SECTION 135.06, PASSED BY COUNCIL JUNE 19, 1983.

There will be a NON-MANDATORY Pre-Bid Meeting, Tuesday, September 29, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-312-535-8110. The access code is 172 431 9929.

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. 77-20 October 2, 2020 The City Record 44

BID OPENS – THURSDAY, OCTOBER 22, 2020

File No. 78-20: City of Parma Water Main Renewal Phase 2 FOR THE DIVISION OF WATER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 1448-19, PASSED BY COUNCIL DECEMBER 2, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, October 1, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 172 125 2148.

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. 78-20 October 2, 2020 The City Record 45

BID OPENS – WEDNESDAY, OCTOBER 21, 2020

File No. 79-20: Automotive and Truck Parts and Fleet Services FOR THE DIVISION OF CLEVELAND PUBLIC POWER FOR THE DEPARTMENT OF PUBLIC UTILITIES, AS AUTHORIZED BY ORDINANCE 497-08, SECTION 181.101 PASSED BY COUNCIL JUNE 2, 2008.

There will be a NON-MANDATORY Pre-Bid Meeting, Friday, October 9, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-415-655-0003. The access code is 172 312 0964.

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. 79-20 October 2, 2020 The City Record 46

BID OPENS – WEDNESDAY, SEPTEMBER 30, 2020

File No. 80-20: Automated Thermal Temperature Scanning FOR VARIOUS DIVISIONS FOR THE DEPARTMENT OF FINANCE, AS AUTHORIZED BY ORDINANCE 538-20 PASSED BY COUNCIL JULY 1, 2020.

There will be a NO Pre-Bid Meeting.

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. 80-20 October 2, 2020 The City Record 47

BID OPENS – THURSDAY, OCTOBER 8, 2020

File No. 81-20: Engine 21 (FY19 Port Security Grant Program) FOR THE DIVISION OF FIRE FOR THE DEPARTMENT OF PUBLIC SAFETY, AS AUTHORIZED BY ORDINANCE 1425-19, PASSED BY COUNCIL DECEMBER 2, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, October 1, 2020, at 10:00 a.m. via Webex. To call into the meeting, dial 1-312-535-8110. The access code is 172 165 9488.

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. 81-20 October 2, 2020 The City Record 48

BID OPENS – THURSDAY, OCTOBER 15, 2020

File No. 82-20: Fire Ground Survival Trailer (Re-Bid) FOR THE DIVISION OF FIRE FOR THE DEPARTMENT OF PUBLIC SAFETY, AS AUTHORIZED BY ORDINANCE 1379-19, PASSED BY COUNCIL DECEMBER 2, 2019.

There will be a NON-MANDATORY Pre-Bid Meeting, Thursday, October 1, 2020, at 11:00 a.m. via Webex. To call into the meeting, dial 1-312-535-8110. The access code is 172 165 9488.

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. 82-20 October 2, 2020 The City Record 49

BID OPENS – THURSDAY, OCTOBER 22, 2020

File No. 83-20: Re-Manufactured Allison Transmission and Repairs FOR THE DIVISION OF MOTOR VEHICLE MAINTENANCE FOR THE DEPARTMENT OF PUBLIC WORKS, AS AUTHORIZED BY ORDINANCE 1330-A-10, PASSED BY COUNCIL DECEMBER 6, 2010.

There will be a NON-MANDATORY Pre-Bid Meeting, Wednesday, October 7, 2020, 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. 83-20 October 2, 2020 The City Record 50

Adopted Resolutions and Passed Ordinances

These resolutions were adopted, and ordinances were passed by City Council on September 23, 2020.

Click on a piece of legislation below to read it:

Ord. No. 443-2020 Res. No. 713-2020

Ord. No. 444-2020 Res. No. 735-2020

Ord. No. 445-2020 Res. No. 736-2020

Ord. No. 508-2020 Res. No. 763-2020

Ord. No. 557-2020 Res. No. 764-2020

Ord. No. 563-2020 Res. No. 765-2020

Ord. No. 592-2020 Res. No. 770-2020

Ord. No. 598-2020

Ord. No. 600-2020

Ord. No. 654-2020

Ord. No. 656-2020

Ord. No. 714-2020

Ord. No. 766-2020

Ord. No. 767-2020

Ord. No. 768-2020

Adopted Resolutions and Passed Ordinances October 2, 2020 The City Record 51

Ordinance No. 443-2020

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

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to DI Rentals LLC to encroach into the public right-of-way beneath West 20th Place by installing, using and maintaining an underground electrical conduit.

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

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

Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to DI Rentals LLC, 2030 W 19th Street, Cleveland, OH 44113 (“Permittee”), to encroach into the public right-of-way beneath West 20th Place by installing, using and maintaining an underground electrical conduit, at the following location:

LEGAL DESCRIPTION OF 8’ ELECTRIC CONDUIT ENCROACHMENT BENEATH WEST 20th PLACE CITY OF CLEVELAND, OHIO

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio and known as being part of West 20th Place (10.00 feet wide) of part of Original Brooklyn Township Lot No. 70 and further bounded and described as follows:

Beginning at a 5/8” iron pin found on the westerly right of way of West 20th Place (10 feet wide) at the southeasterly corner of Parcel “E” on the Plat of Consolidation as shown on the plat recorded in AFN. 201909040416 of Cuyahoga County Records;

Thence North 00°02’36” East along westerly right of way of West 20th Place, 8.48 feet to a point;

Thence South 34°33’51” East, 17.61 feet to the easterly right of way of West 20th Place;

Thence South 00°02’36” West along said easterly right of way of West 20th Place, 14.09 feet to a point;

Thence North 34°33’51” West, 17.61 feet to the westerly right of way of West 20th Place;

Thence North 00°02’36” East along the westerly right of way of West 20th Place, 5.61 feet to the Principal Place of Beginning, containing 141 Square Feet of land as surveyed and described by Peter John Gauriloff, P.S. No. 8646 of The Riverstone

Adopted Resolutions and Passed Ordinances Ord. No. 443-2020 October 2, 2020 The City Record 52

Company in March 2020, subject to all legal highways, restrictions, reservations and easements of record.

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

Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted.

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure permitted by this ordinance shall conform to plans and specifications first approved by the Manager of the City’s Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location.

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 443-2020 October 2, 2020 The City Record 53

Ordinance No. 444-2020

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

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Haddas Window Pane, LLC to encroach into the public right-of-way of Prospect Avenue by installing, using and maintaining one embedded brass medallion, one trash receptacle, four bronze benches, eight bronze and nine concrete planters.

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

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

Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Haddas Window Pane, LLC, 630 Woodward Avenue, Detroit, MI 48226 (“Permittee”), to encroach into the public right-of-way of Prospect Avenue at the specific places within the area on the North side of Prospect Avenue between East 1st Street and East 2nd Street from the back of the curb to the face of the building that are first reviewed by the Manager of Engineering & Construction and approved in writing by the Director of Capital Projects, by installing, using and maintaining an embedded brass medallion, a trash receptacle, bronze benches, and bronze and concrete planters, described in greater detail as follows:

One (1) embedded brass medallion, recessed flush to the walking surface and embossed with the building insignia, the dimensions of which medallion are proposed to be approximately 48” by 48”;

One (1) 34-gallon, trash receptacle, approximately 29” diameter, as manufactured by Landscape Forms, model Poe Litter;

Four (4) bronze benches as manufactured by Landscape Forms, backed, with one divider Melville style, with approximate dimensions of 76” width, 19” depth and 30” height;

Eight (8) bronze planters as manufactured by Landscape Forms, model Sorella, with an approximate 15” by 15” footprint and 18” height; and

Nine (9) Wausau-made charcoal-colored concrete planters, model TF4205, of approximately 60” length by 60” width by 36” height.

Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be

Adopted Resolutions and Passed Ordinances Ord. No. 444-2020 October 2, 2020 The City Record 54 issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted.

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans and specifications first approved by the Manager of the City’s Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment(s).

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 444-2020 October 2, 2020 The City Record 55

Ordinance No. 445-2020

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

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Ohio City Legacy LLC to encroach into the public rights-of- way of Lorain Avenue, West 25th Street and Gehring Street by installing, using and maintaining basement shoring, tie-back rods, a building canopy and two building-mounted pylon signs.

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

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

Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Ohio City Legacy LLC, 3412 Commercial Avenue, Northbrook, IL 60062 (“Permittee”), to encroach into the public rights-of-way of Lorain Avenue, West 25th Street and Gehring Street by installing, using and maintaining basement shoring, tie-back rods, a building canopy and two building-mounted pylon signs, at the following locations:

Lorain Avenue Encroachment Area

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio, and being part of original Brooklyn Township Lot Number 69, being part of Lorain Avenue (102 feet wide), as part of Willeyville Allotment as recorded in Plat Book 2, Page 16, being further bounded and described as follows:

Commencing at a 1-inch rebar found in a monument box at the intersection of the centerline of said Lorain Avenue and the centerline of Gehring Ave. (52 feet wide) thence on the centerline of said Gehring Avenue S 0° 37' 09" E for a distance of 38.42 feet to 1- inch rebar found, thence S 58° 34' 57" W for a distance of 46.40 feet to the POINT OF BEGINNING of the parcel of land hereinafter described:

1. Thence S 31° 25' 03" E for a distance of 36.00 feet to the south right of way line of said Lorain Avenue;

2. Thence on the said south right of way line of Lorain Avenue, S 58° 34' 57" W for a distance of 353.26 feet;

3. Thence N 31° 25' 03" W for a distance of 55.00 feet;

4. Thence parallel to the centerline of said Lorain Avenue, N 58° 34' 57" E for a distance of 353.26 feet;

Adopted Resolutions and Passed Ordinances Ord. No. 445-2020 October 2, 2020 The City Record 56

5. Thence S 31° 25' 03" E for a distance of 19.00 feet to the Point of Beginning, containing 0.4460 acres (19,429 sq.ft.) of land, more or less, and subject to all easements, restrictions and covenants of record.

Gehring Avenue Encroachment Area

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio, and being part of original Brooklyn Township Lot Number 69, being part of Gehring Avenue (52 feet wide), as part of Willeyville Allotment as recorded in Plat Book 2, Page 16, being further bounded and described as follows:

Commencing at a 1 inch rebar found in a monument box at the intersection of the centerline of said Lorain Avenue (102 feet wide) and the original centerline of Gehring Avenue (now 52 feet wide) thence on the centerline of said Gehring Avenue S 0° 37' 09" E for a distance of 91.76 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, passing over a 1 inch rebar found in a monument box at 38.42 feet:

1. Thence N 89° 22' 51" E for a distance of 33.00 feet to the east right of way line of said Gehring Avenue;

2. Thence on the said east right of way line of Gehring Avenue, S 0° 37' 09" E for a distance of 437.00 feet;

3. Thence S 89° 22' 51" W for a distance of 52.00 feet to the west right of way line of said Gehring Avenue as vacated by City of Cleveland ordinance 123-2020, passed March 3, 2020;

4. Thence along said west right of way line of Gehring Avenue as vacated, N 0° 37' 09" W for a distance of 437.00 feet;

5. Thence N 89° 22' 51" E for a distance of 19.00 feet to the Point of Beginning, containing 0.5217 acres (22,724 sq.ft.) of land, more or less, and subject to all easements, restrictions and covenants of record.

West 25th Street Encroachment Area

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio, and being part of original Brooklyn Township Lot Number 69, being part of West 25th Street (82 1/2 feet wide), as part of Willeyville Allotment as recorded in Plat Book 2, Page 16, being further bounded and described as follows:

Commencing at a stone with a drill hole found on the centerline of Chatham Ave. (66 feet wide) and the west right of way line of said West 25th Street, thence on the extension of the centerline of said Chatham Avenue N 58° 04' 00" E for a distance of 41.25 feet to the centerline of said West 25th Street, thence on the centerline of said

Adopted Resolutions and Passed Ordinances Ord. No. 445-2020 October 2, 2020 The City Record 57

West 25th Street, N 31° 43' 21" W for a distance of 192.70 feet to the POINT OF BEGINNING of the parcel of land hereinafter described:

1. Thence S 58° 16' 39" W for a distance of 3.75 feet;

2. Thence parallel with the centerline of said West 25th Street, N 31° 43' 21" W for a distance of 332.00 feet;

3. Thence N 58° 16' 39" E for a distance of 45.00 feet to the intersection of the east right of way line of said West 25th Street and the south right of way line of Lorain Ave. (102 feet wide);

4. Thence on the east right of way line of said West 25th Street, S 31° 43' 21" E for a distance of 332.00 feet;

5. Thence S 58° 16' 39" W for a distance of 41.25 feet to the Point of Beginning, containing 0.3430 acres (14,940 sq.ft.) of land, more or less, and subject to all easements, restrictions and covenants of record.

The above descriptions prepared by Steven L. Mullaney, P.S. 7900 of Glaus, Pyle, Schomer, Burns & DeHaven, Inc., dba GPD Group, and based on a field survey made in March of 2020. All bearings referred to herein, are relative to grid north of the Ohio State Plane Coordinate System, North Zone, NAD83 (2011), as determined from GNSS measurements tied to the Ohio Department of Transportation’s VRS system.

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

Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted.

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans and specifications first approved by the Manager of the City’s Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment(s).

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s).

Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it

Adopted Resolutions and Passed Ordinances Ord. No. 445-2020 October 2, 2020 The City Record 58 shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 445-2020 October 2, 2020 The City Record 59

Ordinance No. 508-2020

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

An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Sustainable Community Associates, or its designee, to provide for the developer to make certain improvements to the Lincoln Building Project; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose.

WHEREAS, under Section 5709.41 of the Revised Code, improvements to real property may be declared to be a public purpose where fee title to the real property was, at one time, held by the City of Cleveland, and the real property is then leased or conveyed by the City; and

WHEREAS, pursuant to Ordinance authority, the City will have duly entered into the chain of title for the Property which is more particularly described in this ordinance (the “Real Property’) pursuant to the requirements of Section 5709.41 of the Revised Code prior to the passage of this ordinance; and

WHEREAS, the Real Property is to be developed in accordance with the Cleveland 2020 Citywide Plan, a copy of which is placed in File No. 000-2020-A; and

WHEREAS, under Section 5709.41 of the Revised Code , the improvements declared to be a public purpose may be exempt from real property taxation; and

WHEREAS, under Section 5709.41 of the Revised Code, the owners of the improvements may be required to make annual service payments in lieu of taxes that would have been paid had the improvement not been exempt; and

WHEREAS, under Section 5709.41 of the Revised Code, the exemption may exceed 75% of the improvements for up to 30 years when a portion of the service payments so collected are distributed to the Cleveland Metropolitan School District (“District”) in an amount equal to the amount the District would have received had the improvement not been exempt; and

WHEREAS, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with division (C)(4) of Section 5709.41(C)(4) and Section 5709.83 of the Revised Code; and

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

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

Adopted Resolutions and Passed Ordinances Ord. No. 508-2020 October 2, 2020 The City Record 60

Section 1. That the improvements to be constructed by Sustainable Community Associates, or its designee, (“Redeveloper”), are declared to be a public purpose for purposes of Section 5709.41 of the Revised Code (the “Improvements”). The Real Property is more fully described as follows:

Situated in the City of Cleveland, County of Cuyahoga, State of Ohio and known as being Parcel “A1” in the Lot Split and Consolidation Plat for Lincoln Partners, LLC, as shown by the recorded plat in A.F.N. 202003040265 of Cuyahoga County Records and containing 0.9823 Acres (42,790 Square Feet) of land, and as being all of Lot "A" in the Lot Consolidation Survey for Scranton Place LLC, as shown by recorded plat in Volume 383 of Maps, Page 10 of Cuyahoga County Records, and being all of Sublots 26 and 27 and being a portion of Sublots 35 and 36 in the A. Kellogg Allotment as shown in recorded plat in Volume 5 of Maps, Page 35 of Cuyahoga County Records, and part of Vacated West 18th Place as shown in recorded Plat in Volume 247 of Maps, Page 51 of Cuyahoga County Records and all being part of Original Brooklyn Township Lot No. 87, according to a surveyed by Steven J. Metcalf, Registered Surveyor No. 8622- Ohio of Neff & Associates, dated November 7, 2019.

Basis of bearings for this survey is Grid North of NAD83 (CORS96) Ohio State Plane Coordinate System, North Zone (3401) and is used to denote angles only.

Be the same more or less, but subject to all legal highways and easements of record.

Monuments described as “iron pin set” are 5/8” x 30” rebar capped.

Permanent Parcel Number: 004-05-058

Parcel 1: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sub Lot No. 12 in A. Kellogg’s Subdivision of part of Original Brooklyn Township Lot No. 87, as shown by the recorded plat in Volume 3 of Maps, page 20 of Cuyahoga County Records, and being 40 feet front on the Easterly side of West 17th Street, (formerly Petroleum Street), and extending back of equal width 125 feet to an alley in the rear, as appears by said plat, be the same more or less, but subject to all legal highways. Permanent Parcel No.: 004-05-007

Parcel 2: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio: And known as being Sub Lot No. 13 in Alfred Kellogg’s Subdivision of part of Original Brooklyn Township Lot No. 87, as shown by the recorded plat in Volume 3 of Maps, page 20 of Cuyahoga County Records, and being 40 feet front on the Easterly side of West 17th Street, and extending back of equal width 125 feet to an alley in the rear, as appears by said plat, be the same more or less, but subject to all legal highways. Permanent Parcel No.: 004-05-008

Adopted Resolutions and Passed Ordinances Ord. No. 508-2020 October 2, 2020 The City Record 61

Section 2. That one hundred percent (100%) of the Improvements are declared exempt from real property taxation for a period of thirty years, effective and commencing the first year the value of the Improvements are reflected on the tax duplicate; and that in no event shall the exemption period extend beyond 2052. The terms of the agreement, which shall not be materially changed without further legislative action by Council, will be as follows:

Project Name: The Lincoln Building Project Address: 2410 Scranton Road, Cleveland, OH 44113 Developer: Sustainable Community Associates or Designee Project Manager: Dan Kennedy Ward/Councilperson: 3-Kerry McCormack City Assistance: Non-School TIF

Project Summary and Discussion Sustainable Community Associates (“SCA”) are a development team made up of three Oberlin College graduates, Naomi Sabel, Ben Ezinga, and Josh Rosen. They have completed four projects within the City of Cleveland, three of which along the Scranton Corridor. SCA owns, manages, and maintains all of their properties; working with a dedicated staff who share their vision and sense of stewardship.

Sustainable Community Associates’ next project is the Lincoln Building, a new $24M building located across the street from the recently restored, Fairmont Creamery Building. The Lincoln, a proposed four-story building on the southwest corner of Scranton Road and Wiley Avenue, will contain 83 residential apartments and 6500 SF of commercial/office space on the ground floor. Approximately 25% of the residential units will be targeted towards “workforce housing.” As it has done in the past, SCA will work with emerging entrepreneurs and established neighborhood businesses to fill the commercial/office space. 30 full -time jobs are expected once complete.

Proposed City Assistance The request to Cleveland City Council is to authorize the Director of Economic Development to enter into a non-school Tax Increment Finance (TIF) agreement with Sustainable Community Associates or its designee. This TIF agreement will be up to 30 years in length. The City will declare certain improvements with respect to the project to be a public purpose and exempt 100% of the improvements from real property taxes. The TIF will be immediately effective on the residential after the expiration of the 15- year, 100% tax abatement.

Under the agreement, parcels acquired and re-conveyed to the developer will be subject to a TIF under Section 5709.41 of the Ohio Revised Code in consideration for the developer agreeing to make certain improvements to those parcels and making payments in lieu of taxes (PILOTs) equal to the taxes that would have been paid for those parcels but for the TIF. A portion of the PILOT will be paid to the Cleveland Municipal School District in the amount the District would have otherwise received but for the TIF.

Adopted Resolutions and Passed Ordinances Ord. No. 508-2020 October 2, 2020 The City Record 62

Economic Impact • Creation of 30 jobs in the City of Cleveland • Project estimates $30,000 in new annual City tax revenue generated from residents and new employees

City Requirements • Subject to Chapter 187: MBE/FBE/CSB requirements • Subject to Chapter 188: Fannie Lewis Cleveland Residential Employment Law • Subject to a Workforce Development Agreement for all new jobs • Subject to a Community Benefits Agreement

Section 3. That, under Section 5709.41 of the Revised Code, Redeveloper, or the owners of the Improvements, shall make service payments for a period of thirty years in lieu of the exempt taxes to the Cuyahoga County Fiscal Officer or Treasurer, or designee; the payments shall be charged and collected in the same manner, and shall be in an amount not less than the taxes that would have been paid had the Improvements not been exempt from taxation.

Section 4. That a portion of the service payments collected under this ordinance shall be distributed by the Cuyahoga County Fiscal Officer or Treasurer, or designee to the Treasurer of the District in the amount of the taxes that would have been payable to the District had the Improvements not been exempt from taxation.

Section 5. That the Director of Economic Development is authorized to enter into an agreement or agreements with Redeveloper to provide for the exemption and service payments described in this ordinance, including agreements securing the payments described in this ordinance, which agreement or agreements shall contain those terms contained in this ordinance.

Section 6. That when applicable under Section 5709.43 of the Revised Code, there is established an Urban Redevelopment Tax Increment Equivalent Fund into which shall be deposited Service Payments in Lieu of Taxes (“PILOTS” or “Service Payments”) that shall be used for financing the public purpose Improvements including project debt service, bond payments and reimbursement of project construction costs, or for other economic development purposes as determined by the Director of Economic Development.

Section 7. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in open meetings of this Council, and any of its committees that resulted in formal action were in meetings open to the public in compliance with the law.

Section 8. 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.

Adopted Resolutions and Passed Ordinances Ord. No. 508-2020 October 2, 2020 The City Record 63

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 508-2020 October 2, 2020 The City Record 64

Ordinance No. 557-2020

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

An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Tremont West Development Corporation to encroach into public rights-of-way within the Tremont neighborhood by installing, using and maintaining 22 bicycle racks.

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

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

Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Tremont West Development Corporation, 2406 Professor Avenue, Cleveland, Ohio 44113 (“Permittee”), to encroach into various public rights-of-way within the Tremont neighborhood by installing, using and maintaining 22 bicycle racks at specific locations first reviewed by the Manager of the City Division of Engineering and Construction and approved in writing by the Director of Capital Projects. A list of the approved locations shall be filed for reference in the Division of Engineering and Construction, Survey Section, in the encroachment permit file marked “Tremont West Development Corporation Bike Racks 2020”.

Locations:

1 Tremont West Development Corporation (2406 Professor Avenue) 1 at the Rowley Inn (1104 Rowley Avenue) 1 at the northeast corner of Abbey Avenue and West 19th Street 1 at the southwest corner of Kenilworth Avenue and West 11th Street 1 along West 14th Street and Lincoln Park 1 at St. Michael’s Church (3114 Scranton Road) 6 at The Tappan on Scranton (1633 Auburn Avenue) 10 additional locations to be proposed by Permittee and subject to approval by the Director.

Total: 22

Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachments permitted.

Adopted Resolutions and Passed Ordinances Ord. No. 557-2020 October 2, 2020 The City Record 65

Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structures permitted by this ordinance shall conform to plans and specifications first approved by the Manager of the Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments.

Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment locations.

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 557-2020 October 2, 2020 The City Record 66

Ordinance No. 563-2020

By Council Member: Zone

An ordinance changing the Use, Area and Height Districts of parcels of land south of the Cleveland Memorial Shoreway between West 78th Street and West 70th Street (Map Change 2609).

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

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

Beginning at the intersection of the centerline of West 73rd Street and the westerly prolongation of the northerly line of a parcel of land conveyed by Sandra Galensky to Darrell Martin by deed as recorded on July 13, 2005, by Auditor’s File Number 200507130676 (also known as Permanent Parcel Number (PPN) 002-07-004);

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

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

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN) 002-07-004 and the point of origin;

And;

Beginning at the intersection of the Centerline of West 74th (formerly Smith) street) and the centerline of Rutledge Avenue;

Thence, southerly along the centerline of West 74th Street to its intersection with the southerly line of a parcel of land known as being parts of Sublots Nos. 1, 8, and 9 in Taft Smith, Marshall and Wagner’s Subdivision of part of Original Brooklyn Township Lot No. 29, as shown by the recorded plat in Volume 9 of Maps, Page 14 of Cuyahoga County Records (PPN 002-05-048);

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

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 67

Thence, northwesterly along said westerly line to its intersection with the southeasterly prolongation of the westerly line of a parcel of land conveyed by Mary Jane Teschner to Ramon Guzman by deed as recorded February 25, 1993, by Auditor’s File Number (AFN) 00440373 in Book 1632, Page 51 of Cuyahoga County Fiscal Records (PPN 002-05-050);

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

Thence, northeasterly along the centerline of Rutledge Avenue to its intersection with the centerline of West 74th Street and the point of origin;

And as identified on the attached map shall be changed to a ‘Open Space & Recreation’ District, a ‘B’ Area District and a ‘1’ Height District;

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

Beginning at the intersection of the centerline of West 76th (formerly Salisbury) Street and the easterly prolongation of the northerly line of a parcel of land known as Sublot No. 103 in W.J. Gordon’s Allotment of part of Original Brooklyn Township Lots Nos. 29 and 30, as shown by the recorded plat in Volume 17 of Maps, Page 9 of Cuyahoga County Records (PPN 002-03-015);

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

Thence, southerly along said westerly line and its southerly prolongation to its intersection with the southerly line of a parcel of land known as Sublot No. 107 in W.J. Gordon’s Subdivision of part of Original Brooklyn Township lots Nos. 29 and 30, as shown by the recorded plat in Volume 17 of Maps, Page 9 of Cuyahoga County Records (PPN 002-03-011);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of West 76th Street;

Thence, northerly along the centerline of West 76th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land known as being Sublot No. 2 in The Ramsey’s Allotment of par of Original Brooklyn Township Lot No. 30 as shown by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (PPN 002-03-015) and the point of origin;

And;

Beginning at the intersection of the centerline of West 74th Street and the westerly prolongation of the northerly line of a parcel of land known as being Sublot No. 2 in The Ramsey’s Allotment of part of Original Brooklyn Township Lot No. 30, as shown

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 68

by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (also known as PPN 002-04-019);

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along the centerline of West 73rd Street to its intersection with the easterly prolongation of the southerly line of a parcel of land known as the Easterly half of Sublot No. 1 in Map of Minerva Ramsey’s Guardian Allotment, of part of Original Brooklyn Township Lot No. 30, as shown by the recorded plat in Volume 7 of Maps, Page 29 of Cuyahoga County Records (PPN 002-04-020);

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of West 74th Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Sublot No. 2 (PPN 002-04- 019) and the point of origin;

And;

Beginning at the intersection of the centerline of West 70th (formerly Barrett) Street and the easterly prolongation of the northerly line of a parcel of land known as being the Northerly 30 feet of Sublot No. 18 and the Southerly ten feet of Sublot No. 19 in Waite and Edward’s Allotment of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-041);

Thence, westerly along said easterly prolongation of said northerly line to its intersection with the westerly lien thereof;

Thence, southerly along said westerly line to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by Daniel O’Callahan to Eamon & Nancy Darcy by deed as recorded on February 6, 1990, by Auditor’s File Number 00857194 in Book 713, Page 8 of Cuyahoga County Fiscal Records (PPN 002-07-047);

Thence, southerly along said northerly prolongation of said westerly line to its intersection with the northerly line of a parcel of land known as being part of Sublots Nos. 1 & 2 in Waite & Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 & 32 as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-046);

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

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 69

Thence, southerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed by Marianne Bennstedt & Stephen Roland to Michael Holick by deed as recorded on October 21, 1985, by Auditor’s File Number 00105752 in Book 55902, Page 12 of Cuyahoga County Fiscal Records (PPN 002-07-053);

Thence, northeasterly and easterly along said northerly line and its easterly prolongation to its intersection with the centerline of West 70th (formerly Barrett) Street;

Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN) 002-04-019 and the point of origin;

And as identified on the attached map shall be changed to a ‘Two Family Residential' District, a ‘D’ Area District and a ‘1’ Height District;

Section 3. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of West 73rd (formerly Ramsey) Street and the westerly prolongation of the southerly line a parcel of land known as being part of Sublot Nos. 9 and 10, in Waite & Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 002-07-033);

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

Thence, northerly along said easterly line and its northerly prolongation to its intersection with the northerly line of a parcel of land known as being part of Original Brooklyn Township Lot No. 31 (PPN 002-07-054);

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along said centerline to its intersection with the westerly prolongation of the southerly line of the aforementioned PPN 002-07-033 and the point of origin;

And as identified on the attached map shall be changed to a ‘Multi-Family Residential’ Use District, a ‘G’ Area District and a ‘1’ Height District;

Section 4. That the Use District of lands bounded and described as follows:

Beginning at the intersection of the centerline of West 73rd (formerly Ramsey) Street and the westerly prolongation of the southerly line of a parcel of land known as Lot 1 in the Battery Park Development Lot Split of part of Original Brooklyn Township Lots

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 70

Nos 31 & 32 as recorded by Auditor’s File Number (AFN) 201908090596 as recorded with Cuyahoga County Fiscal Records on August 9, 2019 (PPN 002-07-058);

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

Thence, northerly along said easterly line to its intersection with the southerly line of a parcel of land known as being the Northerly 30 feet of Sub Lot No. 19 and the Southerly ten (10) feet of Sub Lot No. 20 in Waite and Edwards’ Subdivision of part of Original Brooklyn Township Lots Nos. 31 and 32, as shown by the recorded plat in Volume 9 of Maps, Page 16 of Cuyahoga County Records (PPN 00207042);

Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of West 70th Street;

Thence, northerly along said centerline to its intersection with the easterly prolongation of the northerly line of the aforementioned Permanent Parcel Number (PPN 002-07-042);

Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along said centerline to its intersection with the centerline of Gateway Court;

Thence, westerly along the centerline of Gateway Court to its intersection with the centerline of West 74th Street;

Thence, southerly along the centerline of West 74th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by Salvatore Morbidelli to John Pawlicki by deed as recorded by Auditor’s File Number (AFN) 00332226 on October 13, 1978, in Book 14861, Page 543 in Cuyahoga County Fiscal Records (PPN 002-04-019);

Thence, easterly along the northerly line thereof and its easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, southerly along the centerline of West 73rd Street to its intersection with the westerly prolongation of the southerly line of the aforementioned Permanent Parcel Number 002-07-058 and the point of origin;

And as identified on the attached map shall be changed to a ‘Multi-Family Residential’ Use District, a ‘G’ Area District and a ‘2’ Height District;

Section 5. That the Use District of lands bounded and described as follows:

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 71

Beginning at the intersection of the centerline of West 73rd Street and the westerly prolongation of the northerly line of a parcel of land conveyed to Wayne & Amy Massad by Emerald Mortgage Co. as recorded by mortgage filing on September 19, 2003, in Auditor’s File Number 200309190480 of Cuyahoga County Fiscal Records and known as Permanent Parcel Number 002-07-005;

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

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

Thence, westerly along said southerly line to its intersection with the westerly line of a parcel of land known as being part of Sublot No. 7 in Lamb & Hooker’s Allotment of part of Original Brooklyn Township Lots Nos. 29 and 30, as shown by the recorded plat in Volume 2 of Maps, Page 27 of Cuyahoga County Records (PPN 002-07-007);

Thence, southeasterly along said westerly line to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by James & Louise Mulgrew to Paul & Sharman Stanley by deed as recorded by Auditor’s File Number 00933819 on September 15, 1983, in Book 433, Page 59 of Cuyahoga County Fiscal Records (PPN 002-05-030);

Thence, westerly along said easterly prolongation to its intersection with the centerline of West 73rd Street;

Thence, northerly along the centerline of West 73rd Street to its intersection with the northerly line of the aforementioned Permanent Parcel Number 002-07-005 and the point of origin;

And as identified on the attached map shall be changed to a ‘Local Retail Business’ Use District, a ‘K’ Area District and a ‘2’ Height District;

Section 6. That the street frontages described as follows:

The eastern side of West 73rd Street between the southerly line of a parcel of land conveyed by deed to Wickford Holdings LLC as recorded in Auditor’s File Number 201804300756 on April 30, 2018, in Cuyahoga County Fiscal Records (PPN 002-07- 003) and easterly prolongation of the centerline of Marina Court;

And as identified on the attached map shall be established as ‘Urban Form Overlay District’

Section 7. That the change of zoning of lands described in Section 1 through 5 shall be identified as Map Change No. 2609, 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

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 72 office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

Section 8. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed September 23, 2020.

Effective October 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 563-2020 October 2, 2020 The City Record 73

Ordinance No. 592-2020

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

An emergency ordinance authorizing the Director of Capital Projects or Public Works to enter into one or more agreements with the Cleveland- Cuyahoga County Port Authority for improvements to Irishtown Bend and Franklin Avenue; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record all property necessary.

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 Capital Projects or Public Works is authorized to enter into one or more agreements with the Cleveland-Cuyahoga County Port Authority to contribute funds necessary for the design and construction of Irishtown Bend Stabilization and Franklin Avenue Reconstruction from West 25th Street to Columbus Road (the “Improvement”).

Section 2. That, notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Commissioner of Purchases and Supplies is authorized to acquire, accept and record all property necessary to make the Improvement, including but not limited to gift, fee simple acquisitions, temporary and permanent easements, and work agreements. The consideration to be paid for the property shall not exceed fair market value.

Section 3. That the Director of Capital Projects or Public Works is authorized to execute on behalf of the City all documents necessary to acquire, accept and record the property and to employ and pay all fees for title companies, surveys, escrows, appraisers, review appraisers, and all other costs necessary for the acquisition of the property.

Section 4. That the Director of Capital or Public Works is authorized to enter into any agreement necessary to implement the Improvement.

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

Section 6. That the cost of the agreement and land acquisition shall be paid from Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, 20 SF 592, from the fund or funds to which are credited the sale of future bonds if issued for this purpose, and from funds approved by the Director of Finance. (RQS 0103, RLA 2020-42)

Adopted Resolutions and Passed Ordinances Ord. No. 592-2020 October 2, 2020 The City Record 74

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 592-2020 October 2, 2020 The City Record 75

Ordinance No. 598-2020

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

An emergency ordinance authorizing the Mayor to apply to the District One Public Works Integrating Committee and accept funding for the rehabilitation of East 185th Street from Nottingham Road to Pawnee Avenue; authorizing the Director of Capital Projects (Director) to apply for and accept gifts, grants and other funding and to enter into contract with AECOM Technical Services Inc. for engineering and architectural services and other agreements; authorizing the Commissioner of Purchases and Supplies to acquire, accept and record for right-of-way purposes real property and easements; giving consent of the City of Cleveland to the Ohio Director of Transportation for the improvement and authorizing the Director to enter into Local Project Administration Agreements with the State of Ohio; and cause payment to the State of Ohio for the City’s share of the improvement.

WHEREAS, under Article VIII, Section 2k of the Ohio Constitution, the State of Ohio is authorized to issue bonds and other obligations of the State for the purpose of financing public infrastructure capital improvements of political subdivisions as designated by law; and

WHEREAS, under Section 164.03 of the Revised Code, the District One Public Works Integrating Committee has been created to evaluate applications for state financing of capital improvement projects of local subdivisions in Cuyahoga County; and

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

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

Section 1. That the Mayor is authorized to apply to the District One Public Works Integrating Committee for state funding for the following infrastructure capital improvement: East 185th Street from Nottingham Road to Pawnee Avenue (the “Improvement”).

Section 2. That the Mayor is authorized to apply to the District One Public Works Integrating Committee for state funding to obtain credit enhancements and loan assistance in support of the city’s bonds issued for bridge and road improvements.

Section 3. That the Mayor is authorized to accept one or more grants from the Ohio Public Works Commission, acting by and through its Director, to finance the Improvement; that the Mayor is authorized to file all papers and execute all documents necessary to receive the funds under the grant; and that the funds are appropriated for the purposes described in this ordinance.

Adopted Resolutions and Passed Ordinances Ord. No. 598-2020 October 2, 2020 The City Record 76

Section 4. That the Director of Capital Projects is authorized to apply for and accept gifts or grants or other funding from public or private entities; that the Director is authorized to file all papers and execute all documents necessary to receive the funds; and that the funds are appropriated for the purposes of this ordinance.

Section 5. That the City of Cleveland is obligated to provide cash matching funds in the amount of the local share.

Section 6. That the Director of Capital Projects is authorized to enter into one or more contracts with AECOM Technical Services, Inc. for professional services necessary for engineering and architectural services in the estimated sum of $588,074, necessary to implement the Improvement.

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

Section 8. That notwithstanding any provision of the Codified Ordinances of Cleveland, Ohio, 1976, to the contrary, the Commissioner of Purchases and Supplies is authorized to acquire, accept and record for right-of-way purposes any real property and temporary and/or permanent easements necessary to make the Improvement. The consideration to be paid for the property and easements shall not exceed fair market value to be determined by the Board of Control.

Section 9. That the Director of Capital Projects is authorized to execute, on behalf of the City, all documents necessary to acquire, accept and record the property and easements and to employ and pay all fees for title companies, surveys, escrows, appraisers, and all other costs necessary for the acquisition of the property and easements.

Section 10. That the Director of Capital Projects is authorized to enter into any agreements needed to implement the Improvement.

Section 11. That the Director of Capital Projects is authorized to enter into one or more Local Project Administration agreements with the Ohio Department of Transportation to fund and construct any portion of the Improvement, and to enter into one or more contracts for the expenditures of grants or other funding to implement the Improvement with the lowest and best responsible bidder or engineer.

Section 12. That it is declared to be in the public interest that the consent of the City of Cleveland is given to the Director of Transportation of the State of Ohio (“the State”) to construct the Improvement.

Adopted Resolutions and Passed Ordinances Ord. No. 598-2020 October 2, 2020 The City Record 77

Section 13. That the City proposes to cooperate with the State in the cost of the Improvement by assuming and contributing the entire cost and expense of the Improvement, less the amount of federal funds allocated by the Federal Highway Administration, United States Department of Transportation. The City agrees to assume one hundred percent (100%) of the cost of preliminary engineering, right-of-way and environmental documentation. Also, the City agrees to assume and contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Improvement. The share of the cost of the City is estimated in the amount of $2,000,000 for the Improvement, but the estimated amount is to be adjusted in order that the City’s ultimate share of the Improvement shall correspond with the percentages of actual costs when the actual costs are determined.

Section 14. That the Director of Capital Projects is authorized to enter into one or more agreements with the State necessary to complete the planning and construction of the Improvement, which LPA-ODOT-Let agreements shall contain terms and conditions that the Director of Law determines shall best protect the public interest.

Section 15. Utilities and Right-of-Way Statement. The City agrees to acquire and/or make available to ODOT, under current State and Federal regulations, all necessary right-of-way required for the Improvement. The City also understands that right-of-way costs include eligible utility costs. The City agrees to be responsible for all utility accommodation, relocation and reimbursement and agrees that all such accommodations, relocations and reimbursements shall comply with the current provisions of 23 CFR 645 and the ODOT Utilities Manual.

Section 16. Maintenance. Upon completion of the Improvement, and unless otherwise agreed, the City shall: (1) provide adequate maintenance for the Improvement under all applicable state and federal laws, including, but not limited to, 23 USC 116; (2) provide ample financial provisions, as necessary, for the maintenance of the Improvement; (3) maintain the right-of-way, keeping it free of obstructions; and (4) hold said right-of-way inviolate for public highway purposes.

Section 17. That the Director of Capital Projects is authorized to enter into contracts with ODOT pre-qualified consultants for the preliminary engineering phase of the Improvement and to enter into contracts with the Director of Transportation necessary to complete the Improvement. Upon the request of ODOT, the Director of Capital Projects is also authorized to assign all rights, title and interests of the City to ODOT arising from any agreement with its consultant in order to allow ODOT to direct additional or corrective work, recover damages due to errors or omissions, and to exercise all other contractual rights and remedies afforded by law or equity.

Section 18. That the City agrees that if Federal Funds are used to pay the cost of any consultant contract, the City shall comply with 23 CFR 172 in the selection of its consultant and the administration of the consultant contract. Further, the City agrees to incorporate ODOT’s “Specifications for Consulting Services” as a contract document in all of its consultant contracts. The City agrees to require, as a scope of services clause,

Adopted Resolutions and Passed Ordinances Ord. No. 598-2020 October 2, 2020 The City Record 78 that all plans prepared by the consultant must conform to ODOT’s current design standards, and that the consultant shall be responsible for ongoing consultant involvement during the construction phase of the Improvement. The City agrees to include a completion schedule acceptable to ODOT and to assist ODOT in rating the consultant’s performance through ODOT’s Consultant Evaluation System.

Section 19. That this Council requests the State to proceed with the Improvement.

Section 20. That the Director of Capital Projects is authorized to cause payment to the State of Ohio for the City’s share of the Improvement.

Section 21. That the cost of the contracts, payments, property acquisition, agreements, or other expenditures authorized in this ordinance, shall be paid from the fund or funds to which are credited any gift, grant, or other funds received under this ordinance, from cash contributions accepted and appropriated under this ordinance, Fund Nos. 20 SF 568, 20 SF 574, 20 SF 579, 20 SF 586, 20 SF 592, and any other funds approved by the Director of Finance, including future bond funds if issued for this purpose. (RQS 0103, RLA 2020-45)

Section 22. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law.

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 598-2020 October 2, 2020 The City Record 79

Ordinance No. 600-2020

By Council Member: Slife

An emergency ordinance replacing a twenty-five (25) foot Specific Mapped Setback from the property line with a seven (7) foot Specific Mapped Setback from the property line along the eastern side of Rocky River Drive between Sedalia Avenue and Melgrave Avenue (Map Change 2612).

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

Section 1. That a Specific Mapped Building Setback of twenty-five (25) feet from the property line shall be removed on the eastern side of Rocky River Drive between Sedalia Avenue and Melgrave Avenue;

And as identified on the attached map (exhibit A), the twenty-five (25) foot Specific Mapped Building Setback from the property line is hereby removed from the Building Zone Maps of the City of Cleveland;

Section 2. That a Specific Mapped Building Setback of seven (7) feet from the property line shall be established on the eastern side of Rocky River Drive between Sedalia Avenue and Melgrave Avenue;

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

Section 3. That the changes described in Section 1 and Section 2 shall be identified as Map Change No. 2612, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission.

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

Passed September 23, 2020.

Effective October 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 600-2020 October 2, 2020 The City Record 80

Exhibit A: Existing Specific Mapped Setback of twenty-five (25) feet from property line between Sedalia Avenue & Melgrave Avenue.

Adopted Resolutions and Passed Ordinances Ord. No. 600-2020 October 2, 2020 The City Record 81

Exhibit B. Establishing a seven (7) foot Specific Mapped Building Setback from the property line between Sedalia Avenue & Melgrave Avenue.

Adopted Resolutions and Passed Ordinances Ord. No. 600-2020 October 2, 2020 The City Record 82

Ordinance No. 654-2020

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

An emergency ordinance authorizing the Director of Public Works to enter into a grant agreement with the Alliance to assist with the purchase, storage and maintenance of an artificial tree for Winterfests at Public Square.

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

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

Section 1. That the Director of Public Works is authorized to enter into a grant agreement with the Downtown Cleveland Alliance to assist with the purchase, storage and maintenance of an artificial tree for Winterfests at Public Square.

Section 2. That the Director of Law is authorized to prepare the grant agreement and other documents that may be appropriate to complete the transaction.

Section 3. That the costs of the grant shall not exceed $50,000 and shall be paid from Fund No. 11 SF 006, Request No. RQS 7001, RLA 2020-46.

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 654-2020 October 2, 2020 The City Record 83

Ordinance No. 656-2020

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

An emergency ordinance authorizing the Directors of Public Works and Finance to enter into one or more contracts with the Cleveland Metropolitan School District to conduct recreational, cultural and extracurricular programs for the benefit of school children during the 2019-20 school year.

WHEREAS, under Ordinance No. 1025-A-95, passed June 28, 1995, tax revenues from levying the parking facility tax and increases in the motor vehicle lessor tax and the admission tax can be used to fund recreational, cultural and extracurricular programs for students in the Cleveland School system; and

WHEREAS, the Joint Board established by Ordinance No. 1025-A-95 has recommended that a portion of the tax proceeds be used to fund a number of recreational, cultural and extracurricular programs for City school children during the 2019-20 school year, including dance, drama, instrumental, vocal, cheerleading, aquatic, sports, and academic enrichment programs; and

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

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

Section 1. That the Directors of Public Works and Finance are authorized to enter into one or more contracts with the Cleveland Metropolitan School District to conduct various recreational, cultural and extracurricular programs for the benefit of City school children during the 2019-20 school year, under the program description contained in File No. 000-2020-A. The cost of the contract or contracts shall not exceed $950,000 and shall be paid from Fund No. 11 SF 035, RQS 7001, RL 2020-69.

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 656-2020 October 2, 2020 The City Record 84

Ordinance No. 714-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Finance to enter into an amendment to the Lease Agreement with MidCity, Ltd. authorized by Ordinance No. 1070-17, passed on September 25, 2017, for the lease of office space for the Cleveland Police Commission located at 3631 Perkins Avenue for an additional two years, with one option to renew for an additional year, exercisable by the Director of Finance.

WHEREAS, under Ordinance No. 1070-17, passed September 25, 2017, the Director of Finance entered into a Lease Agreement with MidCity, Ltd. for the lease of office space for the Cleveland Police Commission located at 3631 Perkins Avenue for a term of two years, with a one-year option to renew (“Original Lease”); and

WHEREAS, the City wishes to extend the lease; and

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

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

Section 1. That the Director of Finance is authorized to enter into an amendment to the Original Lease with MidCity, Ltd., authorized by Ordinance No. 1070-17, passed on September 25, 2017, to extend the lease of approximately 2,500 square feet of office space located at 3631 Perkins Avenue, Unit 3A2 for the Cleveland Police Commission, for an additional two years, with one option to renew for an additional year, exercisable by the Director of Finance.

Section 2. That the rent under the amendment shall be $11,400 annually, plus utilities and trash, payable from Fund No. 01-6010-6360, RQS 0103, RL 2020-78.

Section 3. That all other terms and conditions of the Original Lease shall remain the same.

Section 4. That the amendment shall be prepared by the Director of Law.

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

Passed September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 714-2020 October 2, 2020 The City Record 85

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 714-2020 October 2, 2020 The City Record 86

Ordinance No. 766-2020

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

An emergency ordinance to authorize the Mayor, or the appropriate Director, to enter into one or more agreements with the Cleveland Clinic Foundation and Case Western Reserve University related to the presidential debate, which event shall be designated as a Major Qualifying Event subject to the applicable provisions of Codified Ordinance Chapter 697A.

WHEREAS, the Cleveland Clinic Foundation and Case Western Reserve University will provide a venue for the presidential debate on Tuesday, September 29, 2020, to be held at the Sheila and Eric Samson Pavilion on the Clinic’s Health Education Campus; and

WHEREAS, the debate will attract numerous news media and visitors to the City; and

WHEREAS, the City recognizes the compelling need for security and other essential City services during the presidential debate in order to provide a safe and secure environment for the public during the event; and

WHEREAS, this ordinance constitutes an emergency measure in that the timely authorization of required agreements for the event is necessary to provide for the immediate preservation of the public peace, property, health and safety; now, therefore,

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

Section 1. That this Council authorizes the Mayor, the Director of Public Safety, or other appropriate Director, to enter into one or more agreements with the Cleveland Clinic and Case Western Reserve University related to the presidential debate, which event shall be designated as a Major Qualifying Event subject to the applicable provisions of Codified Ordinance Chapter 697A.

Section 2. That the appropriate Director is authorized to enter into one or more agreements with public or private entities involved in implementing the presidential debate as necessary for the event.

Section 3. That the agreement or agreements shall include a provision for reimbursement to the City for additional costs incurred for services exceeding normal service levels during the event as determined by the Director of Public Safety or other appropriate Director at scheduled rates for special events approved by the Board of Control.

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

Adopted Resolutions and Passed Ordinances Ord. No. 766-2020 October 2, 2020 The City Record 87

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 766-2020 October 2, 2020 The City Record 88

Ordinance No. 767-2020

By Council Member: Polensek

An emergency ordinance authorizing the Director of the Department of Community Development to enter into agreement with Laura M. Bala to provide consulting services for the Commercial Revitalization Services for E. 185th Street Project through the use of Ward 8 Casino Revenue Funds.

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 the Department of Community Development is hereby authorized to enter into agreement effective January 1, 2021, with Laura M. Bala to provide consulting services for the Commercial Revitalization Services for E. 185th Street Project for the public purpose of reducing slum and blight along the East 185th Street corridor in the city of Cleveland through the use of Ward 8 Casino Revenue Funds.

Section 2. That the cost of said contract shall be in an amount not to exceed $32,448 and shall be paid from Fund No. 10 SF 188.

Section 3. That the Director of Law shall prepare and approve said contract, and that the contract shall contain such terms and provisions as she deems necessary to protect the City’s interest.

Section 4. 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.

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 767-2020 October 2, 2020 The City Record 89

Ordinance No. 768-2020

By Council Member: Kelley (by departmental request)

An emergency ordinance authorizing the Director of Human Resources to exercise the second option to renew Contract No. PS 2019-214 with Discovery Benefits, Inc. to administer the City’s COBRA program and HIPAA compliance.

WHEREAS, under the authority of Ordinance No. 160-18, passed February 12, 2018, the Director of Human Resources entered into Contract No. PS 2018-214 with Discovery Benefits, Inc. to administer the City’s COBRA program and HIPAA compliance; and

WHEREAS, Ordinance No. 160-18 requires further legislation before exercising the second option to renew on this contract; and

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

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

Section 1. That the Director of Human Resources is authorized to exercise the second option to renew Contract No. PS 2018-214 with Discovery Benefits, Inc. to administer the City’s COBRA program and HIPAA compliance, at a cost not to exceed $45,000, for a one-year period beginning June 1, 2020. This ordinance constitutes the additional legislative authority required by Ordinance No. 160-18 to exercise this option.

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

Passed September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Ord. No. 768-2020 October 2, 2020 The City Record 90

Resolution No. 713-2020

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

An emergency resolution approving the expansion of the Downtown Cleveland Improvement District; accepting the petitions from owners of property in the proposed District as expanded; approving the amended Articles of Incorporation of the Downtown Cleveland Improvement Corporation; approving the comprehensive services plan for the continued operations of the District; declaring it necessary to provide for additional security, cleaning, maintenance and economic development and marketing of the District; and providing for the assessment of the cost and expense of such work upon benefited property in the District; and declaring an emergency.

WHEREAS, Chapter 1710 of the Revised Code authorizes the formation of special improvement districts within the boundaries of a municipality by petition of property owners in a district and approval by the municipality for the purpose of developing and implementing plans for public improvements and public services that benefit a district; and

WHEREAS, by Resolution No. 1386-05, adopted on August 3, 2005, this Council approved the formation of the Downtown Cleveland Improvement District and approved an initial plan for public services benefitting all of the District from 2006 through 2010; and

WHEREAS, by Resolution No. 272-10, adopted on March 8, 2010, this Council approved the comprehensive services plan for the continuation of the operations of the Downtown Cleveland Improvement District, which plan pertained to the period 2011 through 2015; and

WHEREAS, by Resolution No. 699-15, adopted July 22, 2015, this Council approved the expansion of the Downtown Cleveland Improvement District and approved the comprehensive services plan for the continuation of the operations of the expanded Downtown Cleveland Improvement District, which plan pertains to the period 2016 through 2020; and

WHEREAS, owners of sixty percent or more of the front footage of property that abuts upon any street, alley, public road, place, boulevard, parkway, park entrance, easement, or other existing public improvement within the Downtown Cleveland Improvement District, excluding certain property as provided in division (E) of Section 1710.02 of the Revised Code, and including certain additional property in and around the area known as the Columbus Road Peninsula, have signed a petition (the “Petition”) requesting that the City of Cleveland approve the expansion of the Downtown Cleveland Improvement District (as so expanded, the “District”) and to approve a comprehensive services plan

Adopted Resolutions and Passed Ordinances Res. No. 713-2020 October 2, 2020 The City Record 91

(the “Plan”) for the continuation of operations of the District for the period 2021-2025 and have submitted the Plan as part of the Petition; and

WHEREAS, the District is to be governed by the Downtown Cleveland Improvement Corporation, an Ohio nonprofit corporation formed pursuant to Chapters 1702 and 1710 of the Ohio Revised Code (the “Corporation”), and the Corporation proposes to amend its Articles of Incorporation to include the expanded territory (as so amended, the “Articles”); and

WHEREAS, the Petition, the Articles and the Plan have been filed with the Clerk of Council and copies have been delivered to the Mayor of the City; and

WHEREAS, the Petition is to be approved or disapproved by resolution of this Council within sixty days of the filing of the Petition with the City; 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 the Petition, the Articles and the Plan, referred to in the preambles of this resolution and on file in File No. 713-2020-A, are approved.

Section 2. Pursuant to Chapter 1710 of the Ohio Revised Code, the Petition, the Articles and this resolution, the special improvement district known as the Downtown Cleveland Improvement District is confirmed as expanded, the expanded district consisting generally of that portion of the City which is bounded on the North by the Conrail lines; on the West by the from the Conrail tracks south to West 3rd Street at Stones Levee/Eagle Street; on the South by Stones Levee/Eagle Street to Ontario Street and the Inner Belt; and on the East by East 18th Street.

Section 3. That, consistent with the approval of the Plan, this Council hereby commences proceedings to provide for special assessments in accordance with the Plan, which special assessments shall be levied in accordance with Chapters 727 and 1710 of the Revised Code.

Section 4. That it is determined and declared necessary and conducive to the public health, convenience and welfare of the City of Cleveland to provide additional security for the District, additional cleaning and maintenance of the public rights-of-way within the District and collective economic development and marketing of the District for a five-year period commencing after passage of the ordinance to proceed in this matter.

Section 5. That it is determined that the property contained within the District will be specially benefited by the above described public services and shall be assessed to pay for the cost of the services, calculated in proportion to the benefits that may result from the services.

Adopted Resolutions and Passed Ordinances Res. No. 713-2020 October 2, 2020 The City Record 92

Section 6. That the Plan on file in File No. 713-2020-A is approved at an estimated cost of $25,366,969.

Section 7. That the entire cost of the Plan in the District be specially assessed in proportion to the benefits that may result from the services within the District. The cost of the Plan shall include the cost of printing, serving and publishing notices, resolutions and ordinances, the costs incurred in connection with the preparation, levy and collection of the special assessments, expenses of legal services, the cost of all labor and materials and all other necessary expenditures allowed by law.

Section 8. That the City will not issue securities in anticipation of either the levy or the collection of the special assessments for the cost of the Plan.

Section 9. That the Commissioner of Assessments and Licenses is authorized to prepare and file in the Office of the Clerk of Council an estimated assessment under the provisions of this resolution showing the amount of the assessment against each lot or parcel of land to be assessed. Such estimated assessment shall be based on the estimated cost of the Plan which is now on file in the Office of the Clerk of Council. When the estimated special assessments have been filed, the Clerk of Council shall cause notice of the adoption of this Resolution and the filing of the estimated special assessments to be served in the manner provided by law on the owners of all lots and parcels to be assessed.

Section 10. That payment for the assessments shall be due in each of the years 2021, 2022, 2023, 2024, and 2025. The Clerk of Council is authorized to cause unpaid assessments to be certified to the county fiscal officer to be placed on the tax records and collected with and in the same manner as other taxes.

Section 11. That this Council finds and determines that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of the Council and that all deliberations of the Council and of any of its committees that resulted in those formal actions were in meetings open to the public in compliance with the law.

Section 12. That this resolution is declared to be an emergency measure and, provided it receives the affirmative vote of three-fourths 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 September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 713-2020 October 2, 2020 The City Record 93

Resolution No. 735-2020

By Council Member: Kelley (by departmental request)

An emergency resolution requesting the County Fiscal Officer to make advances during the year 2021, pursuant to Section 321.34, Ohio Revised Code.

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 under Section 321.34 of the Revised Code, the County Fiscal Officer is hereby requested to draw, and the County Treasurer to pay on draft or drafts made payable to the Treasury of the City of Cleveland, any money that may be in the County Treasury from time to time during the year 2021 and credited to the account of the City of Cleveland and lawfully applicable to the purpose of the 2021 fiscal year, during which year such request will be made. The payments are to be made from time to time in accordance with the schedule set by Cuyahoga County.

Section 2. That the Clerk of Council is directed to transmit a certified copy of this resolution to the County Fiscal Officer.

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 September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 735-2020 October 2, 2020 The City Record 94

Resolution No. 736-1010

By Council Member: Kelley (by departmental request)

An emergency resolution accepting the amounts and rates as determined by the Cuyahoga County Budget Commission and authorizing the necessary tax levies and certifying them to the County Fiscal Officer.

WHEREAS, this Council, under the provisions of law, has adopted a Tax Budget for the fiscal year commencing January 1, 2021; and

WHEREAS, the Budget Commission of Cuyahoga County, Ohio, has certified its action on the Tax Budget to this Council together with an estimate by the County Fiscal Officer of the rate of each tax necessary to be levied by this Council and what part is within and what part is outside the 10-mill tax limitation; 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 the amounts and rates as determined by the Budget Commission in its certification are accepted.

Section 2. That there is levied on the tax duplicate of the City of Cleveland the rate of each tax necessary to be levied within and without the 10-mill tax limitation, as follows:

Adopted Resolutions and Passed Ordinances Res. No. 736-2020 October 2, 2020 The City Record 95

SCHEDULE A SUMMARY OF AMOUNTS REQUIRED FROM GENERAL PROPERTY TAX APPROVED BY BUDGET COMMISSION AND COUNTY FISCAL OFFICER’S ESTIMATE TAX RATES

Amount to Amount County Fiscal Officer’s Estimate of be Derived Approved By Tax Rate To Be Levied From Levies Budget Outside 10- Commission Inside 10-Mill Outside 10- Mill Inside 10-Mill Limitation Mill Fund Limitation Limitation Limitation Column V Column II Column IV Column VI

GENERAL FUND ----- 7.75 GENERAL BOND 4.35 ----- RETIREMENT FUND POLICE PENSION FUND ----- 0.30 FIRE PENSION FUND 0.05 0.25 TOTAL 4.40 8.30

Section 3. That the Clerk of Council is directed to certify a copy of this resolution to the County Fiscal Officer of Cuyahoga County.

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.

Adopted September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 736-2020 October 2, 2020 The City Record 96

Resolution No. 763-2020

By Council Member: Brancatelli

An emergency resolution objecting to a C1 Liquor Permit at 6506 Fleet Avenue.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at SAS Grocery, Inc., 606 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 77482950005; 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 SAS Grocery, Inc., 606 Fleet Avenue, Cleveland, Ohio 44105, Permit No. 77482950005; 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. 763-2020 October 2, 2020 The City Record 97

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.

Adopted September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 763-2020 October 2, 2020 The City Record 98

Resolution No. 764-2020

By Council Member: Mooney

An emergency resolution objecting to the transfer of liquor license of a C2 and C2X Liquor Permit to 3935 West 130th Street.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for the transfer of liquor license of a C2 and C2X Liquor Permit from Swift Foods, Inc., DBA Swift Food Mart, 10929 St. Clair Avenue, Cleveland, Ohio 44108, Permit Number 8738908 to Swift Foods, Inc., DBA Swift Food Mart, 3935 West 130th Street, Cleveland, Ohio 44111, Permit Number 87389080001; and

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

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

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

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

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

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

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

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

Section 1. That Council does hereby record its objection to the transfer of liquor license of a C2 and C2X Liquor Permit from Swift Foods, Inc., DBA Swift Food Mart, 10929 St. Clair Avenue, Cleveland, Ohio 44108, Permit Number 8738908 to Swift

Adopted Resolutions and Passed Ordinances Res. No. 764-2020 October 2, 2020 The City Record 99

Foods, Inc., DBA Swift Food Mart, 3935 West 130th Street, Cleveland, Ohio 44111, Permit Number 87389080001, and requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section 4303.26 of the Revised Code of Ohio.

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

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

Adopted September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 764-2020 October 2, 2020 The City Record 100

Resolution No. 765-2020

By Council Member: Kelley

An emergency resolution fixing the date of the next regular meeting of Council.

WHEREAS, pursuant to Council Rule 5, regular meetings of the Council are held on Mondays at 7:00 pm unless otherwise ordered by motion, resolution or ordinance; 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, the next regular meeting of the Council, to be held during the COVID-19 emergency declaration, will be conducted as a virtual meeting in accordance with Ohio's Open Meetings Laws as amended by Sub. H.B 197; and shall be held on October 7, 2020. A notice identifying the time of the meeting as well as a schedule of committee meetings, if any, to be held prior to the meeting shall be prepared by the Clerk prior to the meeting date.

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.

Adopted September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 765-2020 October 2, 2020 The City Record 101

Resolution No. 770-2020

By Council Member: J. Jones

An emergency resolution objecting to the Liquor Agency Contract located at 4127 East 131st Street.

WHEREAS, Council has been notified by the Division of Liquor Control of an application for a Liquor Agency Contract at Peer Rangi Ram, Inc., 4127 East 131st Street, Cleveland, Ohio 44105, Permit No. 6904577; and

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

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

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

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

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

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

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

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

Section 1. That Council does hereby record its objection to the Liquor Agency Contract at Peer Rangi Ram, Inc., 4127 East 131st Street, Cleveland, Ohio 44105, Permit No. 6904577; 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. 770-2020 October 2, 2020 The City Record 102

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.

Adopted September 23, 2020.

Effective September 23, 2020.

Adopted Resolutions and Passed Ordinances Res. No. 770-2020 October 2, 2020 The City Record 103

Directory of City Officials City Council

601 Lakeside Avenue Room 220 Cleveland, OH 44114

Phone: 216.664.2840

President of Council – Kevin J. Kelley

City Clerk, Clerk of Council – Patricia J. Britt

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

City Council Directory of City Officials October 2, 2020 The City Record 104

Permanent Schedule – Standing Committees of the Council 2018-2021

MONDAY – Alternating

9:30 A.M. – Health and Human Services Committee: Griffin (CHAIR), McCormack (VICE-CHAIR), Conwell, B. Jones, Hairston, Santana, Zone.

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

MONDAY

2:00 P.M. – Finance Committee: Kelley (CHAIR), Zone (VICE-CHAIR), Brancatelli, Cleveland, Conwell, Griffin, Kazy, McCormack, Mooney.

TUESDAY

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

TUESDAY – Alternating

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

1:30 P.M. – Workforce and Community Benefits Committee: Bishop (CHAIR), Cleveland (VICE-CHAIR), Griffin, B. Jones, J. Jones, Mooney, Slife.

WEDNESDAY – Alternating

10:00 A.M. – Safety Committee: Zone (CHAIR), Polensek (VICE-CHAIR), Bishop, B. Jones, J. Jones, Kazy, Santana.

10:00 A.M. – Transportation Committee: Cleveland (CHAIR), Slife (VICE-CHAIR), Bishop, Conwell, Johnson, J. Jones, Santana.

The following Committees meet at the Call of the Chair:

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

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

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

Permanent Schedule — Standing Committees of the Council Directory of City Officials October 2, 2020 The City Record 105

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 Joseph F. Denk, Mechanical Engineer and Chairman Howard Bradley, Builder Patrick M. Gallagher, Labor Representative Robert Maschke, Architect

BOARD OF ZONING APPEALS Carol A. Johnson, Chairman Tim Donovan

City Departments Directory of City Officials October 2, 2020 The City Record 106

Myrline Barnes Kelley Britt Alanna Faith

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

CITY PLANNING COMMISSION – Freddy L. Collier, Jr., Director Members: David H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member 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 – Tania Menesse, Director Divisions: Administrative Service – Joy Anderson, Commissioner Office of Fair Housing and Consumer Affairs – John Mahoney, Manager Neighborhood Development – James Greene, Commissioner Neighborhood Services – Louise Jackson, Commissioner

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

City Departments Directory of City Officials October 2, 2020 The City Record 107

ECONOMIC DEVELOPMET – David Ebersole, Director

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

HUMAN RESOURCES – Nycole West, Director

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

MAYOR’S OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director Divisions: Architecture and Site Development – Carter Edman, Manager Engineering and Construction – Richard J. Switalski, Manager Real Estate – James DeRosa, Commissioner

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

City Departments Directory of City Officials October 2, 2020 The City Record 108

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

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

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

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

PUBLIC SAFETY – Michael C. McGrath, Director Divisions: Animal Control Services – Colleen Siedecki, Chief Animal Control Officer Emergency Medical Service – Nicole Carlton, Commissioner Emergency Operations Center – Laura Palinkas, Assistant Director Fire – Angelo Calvillo, Chief Police – Calvin D. Williams, Chief Professional Standards – George Coulter, General Manager of Administrative Services

PUBLIC UTILITIES – Robert L. Davis, Director Divisions: Cleveland Public Power – Commissioner Radio Communications – Brad Handke, Manager

City Departments Directory of City Officials October 2, 2020 The City Record 109

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 Susie Claytor, Deputy Commissioner, Public Auditorium Samuel Gissentaner, Commissioner, Recreation Esha Hand, Manager of Special Events Felicia Hall, Manager, West Side Market Divisions: Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Park Maintenance and Properties – Richard L. Silva, Commissioner Parking Facilities – Kim Johnson, Interim Commissioner Property Management – Tom Nagle, Commissioner Streets – Randell Scott, Acting Commissioner Traffic Engineering – Robert Mavec, Commissioner Waste Collection and Disposal – Paul Alcantar, Commissioner

WORKFORCE DEVELOPMENT & OHIO MEANS JOBS – CLEVELAND/CUYAHOGA COUNTY – Grace A. Kilbane, Executive Director

City Departments Directory of City Officials October 2, 2020 The City Record 110

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 October 2, 2020 The City Record 111

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 October 2, 2020 The City Record 112

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