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

December the Fourth, Two Thousand and Thirteen

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 7 Ward Name Board of Control 7 1 Terrell H. Pruitt Civil Service 10 2 Zachary Reed Board of Zoning Appeals 10 3 Joe Cimperman Board of Building Standards 4 Kenneth L. Johnson and Building Appeals 10 5 Phyllis E. Cleveland Public Notice 10 6 Mamie J. Mitchell Public Hearings 10 7 TJ Dow City of Cleveland Bids 10 8 Jeffrey D. Johnson Adopted Resolutions 9 Kevin Conwell and Ordinances 11 10 Eugene R. Miller Committee Meetings 51 11 Michael D. Polensek Index 51 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 President of Council – Martin J. Sweeney DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt ...... 16920 Throckley Avenue 44128 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 2 Zachary Reed ...... 3734 East 149th Street 44120 Fire – Daryl W. McGinnis, Chief, 1645 Superior Avenue 3 Joe Cimperman ...... P.O. Box 91688 44101 Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 Administrative Services – Jesus Rodriguez, Commissioner 7 TJ Dow...... 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 8 Jeffrey D. Johnson ...... 9024 Parkgate Avenue 44108 Neighborhood Development –Chris Garland, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Eugene R. Miller ...... 13615 Kelso Avenue 44110 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 11 Michael D. Polensek...... 17855 Brian Avenue 44119 DIVISIONS: Code Enforcement – Thomas E. Vanover, Commissioner 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 Construction Permitting – Narid Hussain, Commissioner 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 14 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 15 Matthew Zone ...... 1228 West 69th Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 16 Jay Westbrook...... 1278 West 103rd Street 44102 DEPT. OF AGING – Jane Fumich, Director, Room 122 17 Dona Brady ...... 1272 44102 18 Martin J. Sweeney...... 3632 West 133rd Street 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council 19 Martin J. Keane...... 15907 Colletta Lane 44111 Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer), City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline MAYOR – Frank G. Jackson Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad, Ken Silliman, Secretary to the Mayor, Chief of Staff Gia Hoa Ryan, Ted C. Wammes, Peter Whitt. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Michael Flickinger. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin Maureen Harper, Executive Assistant to the Mayor, Chief of Communications J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director Secretary. DIVISIONS: BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, Architecture and Site Development – Robert Vilkas, Chief Architect, Manager Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.F. Engineering and Construction — Richard J. Switalski, Manager Sullivan. Real Estate — James DeRosa, Commissioner BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, ______, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Martin J. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Sweeney. Room 106: John Skrtic, Law Librarian, Room 100 BOARD OF SIDEWALK APPEALS – Capital Projects Director Jomarie Wasik, Law Director Barbara A. Langhenry; Council Member Eugene R. Miller. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Frank Badalamenti, Manager, Internal Audit BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DIVISIONS: Utilities Director Paul Bender; Council President Martin J. Sweeney. Accounts – Lonya Moss Walker, Commissioner, Room 19 CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean City Treasury – James Hartley, Interim Treasurer, Room 115 Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Financial Reporting and Control – James Gentile, Controller, Room 18 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Render, Genesis O. Brown. Avenue HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Purchases and Supplies – Tiffany White, Commissioner, Room 128 Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; DEPT. OF PUBLIC UTILITIES – Paul Bender, Director, 1201 Lakeside Avenue Clint Martin, Mark Rivera. DIVISIONS: MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; Cleveland Public Power – Ivan Henderson, Commissioner Finance Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Street Lighting Bureau – ______, Acting Chief Kevin Kelley. Utilities Fiscal Control – Dennis Nichols, Commissioner POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Water – Alex Margevicius, Interim Commissioner Whalen, Nancy Cronin, Elvin Vauss. Water Pollution Control – Rachid Zoghaib, Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Allan Dreyer, William Mason, Giancarlo Calicchia, John Torres, Robert Vilkas, Robert International Airport, 5300 Riverside Drive Keiser, Secretary. DIVISIONS: AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Burke Lakefront Airport – Khalid Bahhur, Commissioner Down ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Barbara Cleveland Hopkins International Airport – Fred Szabo, Commissioner A. Langhenry. DEPT. OF PUBLIC WORKS – Michael Cox, Director CLEVELAND MUNICIPAL COURT OFFICES: JUSTICE CENTER – 1200 ONTARIO STREET Administration – John Laird, Manager JUDGE COURTROOM ASSIGNMENTS Special Events and Marketing – Tangee Johnson, Manager Judge Courtroom DIVISIONS: Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Charles J. Bauernschmidt – Courtroom 12A Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Pinkey S. Carr – Courtroom 12B Parking Facilities – Antionette Thompson, Interim Commissioner Judge Marilyn B. Cassidy – Courtroom 13A Property Management – Tom Nagle, Commissioner Judge Michelle Denise Earley – Courtroom 12C Recreation – Samuel Gissentaner, Interim Commissioner Judge Emanuella Groves – Courtroom 14B Streets – ______, Commissioner Judge Anita Laster Mays – Courtroom 14C Traffic Engineering – Robert Mavec, Commissioner Judge Lauren C. Moore – Courtroom 14A Judge Charles L. Patton, Jr. – Courtroom 13D Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B DEPT. OF PUBLIC HEALTH – Karen Butler, Director, Mural Building, 75 Erieview Judge Angela R. Stokes – Courtroom 15C Plaza Judge Pauline H. Tarver – Courtroom 13C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – George Baker, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Gregory A. Sims Environment – Pamela Cross, Commissioner, Mural Building, 75 Erieview Plaza – Chief Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 100 WEDNESDAY, DECEMBER 4, 2013 No. 5217 CITY COUNCIL MONDAY DECEMBER 2, 2013

The City Record WEDNESDAY — Alternating Reverend Jim O’Donnell, Little Published weekly by the City Clerk, Brothers and Sisters of the Clerk of Council under authority 1:30 P.M. — Public Utilities Com- Eucharist, Cleveland, (Ward of the Charter of the mittee: Pruitt, Chair; Brady, Vice 5). Pledge of Allegiance. City of Cleveland Chair; Conwell, Cummins, Dow, Kel- The City Record is available ley, Mil ler, Polensek, Westbrook. MOTION online at www.clevelandcitycouncil.org 1:30 P.M. — City Planning Com- On the motion of Council Member Address all communications to mittee: Cleveland, Chair; Westbrook, Reed, the reading of the minutes of Vice Chair; Brady, Conwell, Dow, the last meeting was dispensed with PATRICIA J. BRITT Keane, Zone. and the journal approved. Seconded City Clerk, Clerk of Council by Council Member Brady. 216 City Hall The following Committees are subject to the Call of the Chair: FROM OHIO DIVISION OF PERMANENT SCHEDULE Rules Committee: Sweeney, Chair; LIQUOR CONTROL STANDING COMMITTEES Cleveland, Keane, Polensek, Pruitt. File No. 1652-13. OF THE COUNCIL Personnel and Operations Commit- RE: #6092625. Economic Develop- 2010-2013 tee: Westbrook, Chair; Conwell, K. ment License Transfer, D1 D2 D3 Johnson, Kelley, Mitchell, Sweeney, D3A. Molly’s Irish Pub, LLC, 1120 MONDAY — Alternating Zone. Chester Avenue. (Ward 3). Received. 9:30 A.M. — Public Parks, Proper- Mayor’s Appointment Committee: ties, and Recreation Committee: K. Dow, Chair; Cleveland, Kelley, Mil - File No. 1653-13. Johnson, Chair; Conwell, Vice Chair; ler, Sweeney. RE: #7569721. New License Appli- Brancatelli, Cimperman, Dow, Polen- cation, C1. R T Diversified, Inc., sek. Sustainability Sub-Committee: Zone, d.b.a. Families Corner Store, 10202 9:30 A.M. — Health and Human Chair; Westbrook, Vice Chair; Cum- Sophia Avenue. (Ward 4). Received. Services Committee: Cimperman, mins. Chair; J. Johnson, Vice Chair; Con- well, Keane, Kelley, Polensek. File No. 1654-13. RE: #3505267. Transfer of Owner- 11:00 A.M. — Public Service Com- OFFICIAL PROCEEDINGS mittee: Miller, Chair; Cummins, Vice ship Application, D1 D2 D3 D3A D6. CITY COUNCIL Hajnaj Enterprises, Inc., d.b.a., Chair; Cleveland, Dow, K. Johnson, ______Keane, Polensek, Pruitt, Sweeney. Dvine, 830-36 W. St. Clair Avenue. (Ward 3). Received. 11:00 A.M. — Legislation Commit- Cleveland, Ohio tee: Mitchell, Chair; K. Johnson, Monday, December 2, 2013 Vice Chair; Brancatelli, Cimperman, File No. 1655-13. The meeting of the Council was Cleveland, Sweeney. RE: #0491265. Transfer of Owner- called to order with the President of ship Application, C2 C2X. Bartlett Council Pro Tempore, Phyllis E. MONDAY Ave. LLC, d.b.a. Johnsons Deli, 15315 Cleveland, in the Chair. Bartlett Avenue. (Ward 1). Council Members present: Dona 2:00 P.M. — Finance Committee: Received. Brady, Anthony Brancatelli, Joe Kelley, Chair; Sweeney, Vice Chair; Cimperman, Phyllis E. Cleveland, Brady, Brancatelli, Cleveland, Keane, CONDOLENCE RESOLUTIONS Kevin Conwell, Brian J. Cummins, Miller, Mitchell, Pruitt, Westbrook, TJ Dow, Jeffrey D. Johnson, Ken- Zone. The rules were suspended and the neth L. Johnson, Martin J. Keane, following Resolutions were adopted TUESDAY Kevin J. Kelley, Eugene R. Miller, Mamie J. Mitchell, Michael D. without objection: 9:30 A.M. — Community and Eco- Polensek, Terrell H. Pruitt, Zack Reed, Jay Westbrook and Matthew Res. No. 1648-13—Andrew Knight, nomic Development Committee: Bran - Jr. catelli, Chair; Dow, Vice Chair; Cim- Zone. Also present were: Mayor Frank Res. No. 1649-13—John Powell. perman, Cummins, J. Johnson, Miller, Res. No. 1656-13—Candace A. Pruitt, Westbrook, Zone. G. Jackson, Chief of Staff Ken Sil- liman, Chief Operating Officer Dar- Bridges. 1:30 P.M. — Employment, Affir- Res. No. 1657-13—Mary Yates mative Action and Training Com- nell Brown, Chief of Government Mal.one mittee: Zone, Chair; Pruitt, Vice Affairs Valarie J. McCall, Chief of Res. No. 1658-13—Dorothy Mikula. Chair; Cummins, J. Johnson, K. Regional Development Chris War- Res. No. 1659-13—Floyd Zimmer. Johnson, Mitchell, Westbrook. ren, Chief of Education Monyka S. Price, Chief of Communications WEDNESDAY — Alternating Maureen Harper, Chief of Sustain- APPRECIATION RESOLUTIONS ability Jenita McGowan, Chief of 10:00 A.M. — Aviation and Trans- Public Affairs Natoya Walker-Minor, The rules were suspended and the portation Committee: Keane, Chair; and Directors Langhenry, Dumas, following Resolutions were adopted Pruitt, Vice Chair; Cummins, J. John- Bender, Butler, Cox, Rush, Rybka, without objection: son, K. Johnson, Kelley, Mitchell. Southerington, Nichols, Griffin, 10:00 A.M. — Public Safety Com- Brown, Fumich, and Ambroz. Res. No. 1650-13—Councilman mittee: Conwell, Chair; Polensek, Eugene R. Miller. Vice Chair; Brady, Cleveland, Cum- Pursuant to Ordinance No. 2926-76, Res. No. 1651-13—Councilman Jay mins, Dow, Miller, Mitchell, Zone. the opening prayer was offered by Westbrook. 1949 4 The City Record December 4, 2013

FIRST READING EMERGENCY The rules were suspended. Yeas to exceed $32,000 and shall be paid ORDINANCES READ IN FULL 18. Nays 0. Read second time. Read from Fund No. 10 SF 177. AND PASSED third time in full. Passed. Yeas 18. Section 3. That the Director of Nays 0. Law shall prepare and approve said Ord. No. 1641-13. contract and that the contract shall By Council Member Sweeney. Ord. No. 1642-13. contain such terms and provisions An emergency ordinance to amend By Council Member Reed. as he deems necessary to protect the Section 157.01 of the Codified Ordi- An emergency ordinance authoriz- City’s interest. nances of Cleveland, Ohio, 1976, as ing the Director of the City Plan- Section 4. That this ordinance is amended by Ordinance No. 233-50, ning Commission to enter into an hereby declared to be an emergency passed February 6, 1950, relating to agreement with the Project Group measure and, provided it receives establishment of the Community for the Kinsman Road and East the affirmative vote of two-thirds of Relations Board. 131st Street Redevelopment Plan all the members elected to Council, Whereas, this ordinance consti- Project through the use of Ward 2 it shall take effect and be in force tutes an emergency measure provid- Casino Revenue Funds. immediately upon its passage and ing for the usual daily operation of Whereas, this ordinance consti- approval by the Mayor; otherwise it a municipal department; now, there- tutes an emergency measure provid- shall take effect and be in force fore, ing for the usual daily operation of from and after the earliest period Be it ordained by the Council of a municipal department; now, there- allowed by law. the City of Cleveland: fore, Motion to suspend rules, Charter, Section 1. That Section 157.01 of the Be it ordained by the Council of and statutory provisions and place Codified Ordinances of Cleveland, the City of Cleveland: on final passage. Ohio, 1976, as amended by Ordinance Section 1. That the Director of the The rules were suspended. Yeas No. 233-50, passed February 6, 1950, is City Planning Commission is autho- 18. Nays 0. Read second time. Read hereby amended to read as follows: rized to enter into agreement with the third time in full. Passed. Yeas 18. Project Group for the Kinsman Road Nays 0. Section 157.01 Establishment and and East 131st Street Redevelopment Terms Plan Project for the public purpose of Ord. No. 1644-13. There is hereby established in the improving residential and commer- By Council Member Sweeney. office of the Mayor a board known cial development in the city of Cleve- An emergency ordinance to amend as the Community Relations Board, land through the use of Ward 2 Casino Sections 173.13, 173.14, 173.21, and consisting of the Mayor, as chair- Revenue Funds. 173.67 of the Codified Ordinances of man ex-officio, one (1) member of Section 2. That the cost of said Cleveland, Ohio, 1976, as amended Council chosen by Council for a contract shall be in an amount not by Ordinance No. 2040-99, passed to exceed $20,000 and shall be paid October 30, 2000, relating to com- term of two (2) years, one (1) per- from Fund No. 10 SF 188. pensation for members of various son chosen by the President of Coun- Section 3. That the Director of City boards and commissions. cil for a term of two (2) years, and Law shall prepare and approve said Whereas, this ordinance consti- fourteen (14) persons broadly repre- contract and that the contract shall tutes an emergency measure provid- sentative of the social, economic and contain such terms and provisions ing for the usual daily operation of cultural interests of the community, as he deems necessary to protect the a municipal department; now, there- appointed by the Mayor, with the City’s interest. fore, approval of Council, for four (4) Section 4. That this ordinance is Be it ordained by the Council of year terms. However, of the original hereby declared to be an emergency the City of Cleveland: appointment three (3) shall be measure and, provided it receives Section 1. That Sections 173.13, appointed for one (1) year terms, the affirmative vote of two-thirds of 173.14, 173.21, and 173.67 of the Codi- three (3) shall be appointed for two all the members elected to Council, fied Ordinances of Cleveland, Ohio, (2) year terms, three (3) shall be it shall take effect and be in force 1976, as amended by Ordinance No. appointed for three (3) year terms immediately upon its passage and 2040-99, passed October 30, 2000 are and five (5) shall be appointed for approval by the Mayor; otherwise it amended to read as follows: four (4) years terms; provided fur- shall take effect and be in force ther that not less than five (5) shall from and after the earliest period Section 173.13 Landmarks Com- represent organized industry, not allowed by law. mission less than three (3) shall represent Motion to suspend rules, Charter, The salaries of the members of organized labor and not less than and statutory provisions and place the Landmarks Commission shall be five (5) shall be public members. A on final passage. seven thousand two hundred dollars member of the Board may be The rules were suspended. Yeas ($7,200.00) per annum, except that removed for cause by the Mayor but 18. Nays 0. Read second time. Read the member designated by the only after opportunity has been third time in full. Passed. Yeas 18. Mayor as Chairman shall receive afforded for a public hearing before Nays 0. additional compensation of five hun- the Mayor within ten (10) days after dred and seventy-five dollars written charges have been given Ord. No. 1643-13. ($575.00) per annum. such member by the Mayor and a By Council Member Brady. copy filed with the Clerk of Coun- An emergency ordinance authoriz- Section 173.14 Community Rela- cil. Such member shall be heard in ing the Director of the Department tions Board person or by counsel. Action of the of Economic Development to enter The salaries of the members of Mayor shall be final unless not later into an agreement with The Friends the Community Relations Board than the second meeting of Council of the Historic Variety Theater for shall be seven thousand two hun- after the Mayor’s action, Council dis- the restoration of the Variety The- dred dollars ($7,200.00) per annum, approves the removal by the affir- ater through the use of Ward 17 except that the member designated mative vote of two-thirds (2/3) of Neighborhood Capital Funds. by the Mayor as Chairman shall the members elected to Council. Whereas, this ordinance consti- receive additional compensation of Section 2. That existing Section tutes an emergency measure provid- five hundred and seventy-five dol- 157.01 of the Codified Ordinances of ing for the usual daily operation of lars ($575.00) per annum. Cleveland, Ohio, 1976, as amended a municipal department; now, there- by Ordinance No. 233-50, passed Feb- fore, Section 173.21 Police Review ruary 6, 1950 is hereby repealed. Be it ordained by the Council of Board Section 3. That this ordinance is the City of Cleveland: The salaries of the members of hereby declared to be an emergency Section 1. That the Director of the the Police Review Board shall be measure and, provided it receives Department of Economic Dev - seven thousand two hundred dollars the affirmative vote of two-thirds of elopment be authorized to enter into ($7,200.00) per annum, except that all the members elected to Council, an agreement with The Friends of the the member designated by the it shall take effect and be in force Variety Theater for the restoration of Mayor as Chairman shall receive immediately upon its passage and the Variety Theater involving electri- additional compensation of five hun- approval by the Mayor; otherwise it cal upgrades to this building for the dred and seventy-five dollars shall take effect and be in force public purpose of restoring an histori- ($575.00) per annum. from and after the earliest period cal building in the city of Cleveland allowed by law. through the use of Ward 17 Neighbor- Section 173.67 Fair Housing Board Motion to suspend rules, Charter, hood Capital Funds. The salaries of the members of and statutory provisions and place Section 2. That the cost of said the Fair Housing Board shall be on final passage. contract shall be in an amount not seven thousand two hundred dollars 1950 December 4, 2013 The City Record 5

($7,200.00) per annum, except that 2. Establish an improved visa pro- Whereas, the applicant does not the member designated as Chairman gram, such as the proposed W-Visa, to qualify to be a permit holder and/or shall receive additional compensa- provide our businesses with the abili- has demonstrated that he has operat- tion of five hundred and seventy- ty to hire certain categories of foreign ed his liquor business in disregard of five dollars ($575.00) per annum. workers when legal residents are the laws, regulations or local ordi- Section 2. That this ordinance is unavailable or unwilling to fill jobs. nances of this state or any other state; declared to be an emergency mea- 3. Create a methodology that accu- and sure and, provided it receives the rately assesses labor market needs in Whereas, the place for which the affirmative vote of two-thirds of all order to determine the number of for- permit is sought has not conformed to the members elected to Council, it eign workers to be admitted for the building, safety or health require- shall take effect and be in force employment purposes annually. ments of the governing body of this immediately upon its passage and 4. Increase efforts to advance work- County or City; and approval by the Mayor; otherwise it force talent outreach internationally Whereas, the place for which the shall take effect and be in force and strengthen programs in domestic permit is sought is so arranged or con- from and after the earliest period science, technology, engineering, structed that law enforcement offi- allowed by law. arts, and mathematics (STEAM) cers or agents of the Division of Motion to suspend rules, Charter, training, to improve ongoing econom- Liquor Control are prevented reason- and statutory provisions and place ic competitiveness, while also promot- able access to the establishment; and on final passage. ing legal immigration opportunities. Whereas, the place for which the The rules were suspended. Yeas 5. Create a streamlined process to permit is sought is so located with 18. Nays 0. Read second time. Read resolve the backlog of existing visa respect to the neighborhood that it third time in full. Passed. Yeas 18. applications and develop methods to substantially interferes with public Nays 0. ensure the efficient processing of decency, sobriety, peace or good future immigration applications in a order; and FIRST READING EMERGENCY timely manner, which will expedite Whereas, this objection is based on RESOLUTIONS READ IN FULL re-unification of families. other legal grounds as set forth in AND ADOPTED Whereas, this resolution consti- Revised Code Section 4303.292; and tutes an emergency measure for the Whereas, this resolution consti- Res. No. 1640-13. immediate preservation of public tutes an emergency measure provid- By Council Members Brady, Pruitt, peace, property, health, or safety, ing for the immediate preservation of Cimperman, K. Johnson, Cleveland, now, therefore, the public peace, prosperity, safety Mitchell, Dow, J. Johnson, Conwell, Be it resolved by the Council of and welfare pursuant to Section Miller, Polensek, Brancatelli, Kelley, the City of Cleveland: 4303.26 of the Ohio Revised Code. Cummins, Zone, Westbrook, Sweeney Section 1. That this Council sup- Council’s objection to said permit and Keane. ports comprehensive immigration must be received by the Superinten- An emergency resolution support- reform and urges the U.S. Congress to dent of Liquor Control within 30 days ing comprehensive immigration enact reforms that ensure economic of notification; now, therefore, reform and urging the U.S. Congress strength and promote stronger com- Be it resolved by the Council of to enact reforms that ensure eco- munities. the City of Cleveland: nomic strength and promote Section 2. That the Clerk of the Section 1. That Council does hereby stronger communities. Council is directed to transmit copies record its objection to the transfer of Whereas, this Council recognizes of this resolution to the President ownership of a D1, D2, D3 and D6 the economic, social and cultural con- Barack Obama, Speaker of the House Liquor Permit from Old Dutch Tav- tributions immigrants bring to our of Representatives John Boehner, ern, Inc., 3604 Superior Avenue, 1st communities and, in particular, to the Majority Leader of the Senate Harry floor and basement, Cleveland, Ohio City of Cleveland; and Reid, and all Honorable Members of 44114, Permanent Number 6529025 to Whereas, since the City's founding the U.S. Congress representing the Marjees, LLC, 3604 Superior Avenue, over 217 years ago, immigrants have City of Cleveland. 1st floor and basement, Cleveland, had a significant role in Cleveland’s Section 3. That this resolution is Ohio 44114, Permanent Number cultural and economic vitality; and hereby declared to be an emergency 5546136; and requests the Superinten- Whereas, the responsibility of measure and, provided it receives the dent of Liquor Control to set a hearing municipal leaders is to protect the affirmative vote of two-thirds of all for said application in accordance well-being and safety of all people the members elected to Council, it with provisions of Section 4303.26 of residing in their cities; and shall take effect and be in force imme- the Revised Code of Ohio. Whereas, it is the duty of our local diately upon its adoption and Section 2. That the Clerk of Council leaders to respect the rights of, and approval by the Mayor; otherwise, it be and she is hereby directed to trans- provide equal services to, all individ- shall take effect and be in force from mit two certified copies of this resolu- uals regardless of national origin or and after the earliest period allowed tion, together with two copies of a let- immigration status; and by law. ter of objection and two copies of a Whereas, our nation’s immigration Motion to suspend rules, Charter, letter requesting that the hearing be policies are federal responsibilities and statutory provisions and place held in Cleveland, Cuyahoga County. that are in desperate need of reform; on final adoption. Section 3. That this resolution is and The rules were suspended. Yeas hereby declared to be an emergency Whereas, a talented workforce 18. Nays 0. Read second time. Read measure and, provided it receives the made up of both skilled and unskilled third time in full. Adopted. Yeas affirmative vote of two-thirds of all labor is a key driver of our local econ- 18. Nays 0. the members elected to Council, it omy; and shall take effect and be in force imme- Whereas, there is a need for an Res. No. 1645-13. diately upon its adoption and improved program that provides the By Council Member J. Johnson. approval by the Mayor; otherwise, it City's businesses the opportunity to An emergency resolution object- shall take effect and be in force from employ foreign workers, when neces- ing to the transfer of ownership of and after the earliest period allowed sary, to improve economic competi- a D1, D2, D3 and D6 Liquor Permit by law. tiveness; and to 3604 Superior Avenue, 1st floor Motion to suspend rules, Charter, Whereas, family unity is a compo- and basement. and statutory provisions and place nent of a strong economy, and re-uni- Whereas, Council has been notified on final adoption. fication of families has been a key by the Division of Liquor Control of The rules were suspended. Yeas part of federal immigration policy for an application for the transfer of own- 18. Nays 0. Read second time. Read almost fifty years; and ership of a D1, D2, D3 and D6 Liquor third time in full. Adopted. Yeas Whereas, there is broad support Permit from Old Dutch Tavern, Inc., 18. Nays 0. and collaboration among both busi- 3604 Superior Avenue, 1st floor and ness and labor groups to promote com- basement, Cleveland, Ohio 44114, Per- Res. No. 1646-13. prehensive immigration reform that manent Number 6529025 to Marjees, By Council Member Reed. provides sensible and effective solu- LLC, 3604 Superior Avenue, 1st floor An emergency resolution object- tions; and and basement, Cleveland, Ohio 44114, ing to the transfer of Liquor License Whereas, this Council believes that Permanent Number 5546136; and of a C2 and C2X Liquor Permit to any newly enacted comprehensive Whereas, the granting of this appli- 4096 East 131st Street. immigration reform must: cation for a liquor permit to this high Whereas, Council has been notified 1. Provide a path to citizenship for crime area, which is already saturat- by the Division of Liquor Control of the nearly 11 million undocumented ed with other liquor outlets, is con- an application for a transfer of Liquor immigrants who live in the United trary to the best interests of the entire License of a C2 and C2X Liquor Per- States today. community; and mit from Sophie T. Inc., DBA Imperial 1951 6 The City Record December 4, 2013

Deli & Beverage, 12301-03 Imperial Res. No. 1647-13. The rules were suspended. Yeas Avenue, 1st floor and basement, By Council Member Cimperman. 18. Nays 0. Read second time. Read Cleveland, Ohio 44120, Permanent An emergency resolution object- third time in full. Adopted. Yeas Number 9120790 to Rauhi Rahman, ing to a New D5H Liquor Permit at 18. Nays 0. 4096 East 131st Street, Cleveland, Ohio 2831 Franklin Boulevard. 44105, Permanent Number 7204004; Whereas, Council has been notified SECOND READING EMERGENCY and by the Division of Liquor Control of ORDINANCES PASSED Whereas, the granting of this appli- an application for a New D5H Liquor cation for a liquor permit to this high Permit at Halcyon Charities, Inc., Ord. No. 1518-13. crime area, which is already saturat- DBA Ohio City Masonic Temple, 2831 By Council Members Brancatelli, ed with other liquor outlets, is con- Franklin Boulevard, Cleveland, Ohio Cleveland and Kelley (by departmen- trary to the best interests of the entire 44113, Permanent Number 3506675; tal request). community; and and An emergency ordinance authoriz- Whereas, the applicant does not Whereas, the granting of this appli- ing the Commissioner of Purchases qualify to be a permit holder and/or cation for a liquor permit to this high and Supplies to acquire properties has demonstrated that he has operat- crime area, which is already saturat- presently owned by the County of ed his liquor business in disregard of ed with other liquor outlets, is con- Cuyahoga, Ohio, located at and the laws, regulations or local ordi- trary to the best interests of the entire around 1219 Ontario Street, Cleveland, nances of this state or any other state; community; and and to convey said properties to the and Cleveland-Cuyahoga County Port Whereas, the applicant does not Whereas, the place for which the Authority, for the purpose of entering qualify to be a permit holder and/or permit is sought has not conformed to into the chain-of-title prior to the has demonstrated that he has operat- the building, safety or health require- adoption of tax increment financing ed his liquor business in disregard of ments of the governing body of this legislation authorized under Section County or City; and the laws, regulations or local ordi- 5709.41 of the Revised Code; and Whereas, the place for which the nances of this state or any other state; authorizing an agreement with the permit is sought is so arranged or con- and County and the Port Authority. structed that law enforcement offi- Whereas, the place for which the Approved by Directors of Eco- cers or agents of the Division of permit is sought has not conformed to nomic Development, City Planning Liquor Control are prevented reason- the building, safety or health require- Commission, Finance, Law; Passage able access to the establishment; and ments of the governing body of this recommended by Committees on Whereas, the place for which the County or City; and Community and Economic Develop- permit is sought is so located with Whereas, the place for which the ment, City Planning, Finance. respect to the neighborhood that it permit is sought is so arranged or con- Read third time in full. Passed. substantially interferes with public structed that law enforcement offi- Yeas 16. Nays 1. decency, sobriety, peace or good cers or agents of the Division of Those voting Yea: Council Members order; and Liquor Control are prevented reason- Brady, Brancatelli, Cleveland, Con- Whereas, this objection is based on able access to the establishment; and well, Dow, J. Johnson, K. Johnson, other legal grounds as set forth in Whereas, the place for which the Keane, Kelley, Miller, Mitchell, Revised Code Section 4303.292; and permit is sought is so located with Polensek, Pruitt, Reed, Westbrook, Whereas, this resolution consti- respect to the neighborhood that it Zone. tutes an emergency measure provid- substantially interferes with public Those voting Nay: Council Member ing for the immediate preservation of decency, sobriety, peace or good Cummins. the public peace, prosperity, safety order; and Absent: Council Member Sweeney. Pursuant to Rule 19 of the Rules of and welfare pursuant to Section Whereas, this objection is based on Council, Council Member Cimperman 4303.26 of the Ohio Revised Code. other legal grounds as set forth in Council’s objection to said permit recused himself for the vote regard- Revised Code Section 4303.292; and ing Ordinance No. 1518-13. must be received by the Superinten- Whereas, this resolution consti- dent of Liquor Control within 30 days tutes an emergency measure provid- Ord. No. 1519-13. of notification; now, therefore, ing for the immediate preservation of Be it resolved by the Council of By Council Members Brancatelli, the public peace, prosperity, safety Cleveland and Kelley (by depart- the City of Cleveland: and welfare pursuant to Section Section 1. That Council does hereby mental request). 4303.26 of the Ohio Revised Code. record its objection to the transfer of An emergency ordinance authoriz- Council’s objection to said permit Liquor License of a C2 and C2X ing execution of a cooperative must be received by the Superinten- Liquor Permit from Sophie T. Inc., agreement with the Cleveland-Cuya- DBA Imperial Deli & Beverage, 12301- dent of Liquor Control within 30 days hoga County Port Authority and 03 Imperial Avenue, 1st floor and of notification; now, therefore, County of Cuyahoga, Ohio relating basement, Cleveland, Ohio 44120, Per- Be it resolved by the Council of to the financing, construction, own- manent Number 9120790 to Rauhi the City of Cleveland: ership and operation of a public Rahman, 4096 East 131st Street, Cleve- Section 1. That Council does hereby hotel to be built on land adjacent to land, Ohio 44105, Permanent Number record its objection to a New D5H the Convention Center and to pro- 7204004; and requests the Superinten- Liquor Permit at Halcyon Charities, vide for the construction of certain dent of Liquor Control to set a hearing Inc., DBA Ohio City Masonic Temple, other public improvements to con- for said application in accordance 2831 Franklin Boulevard, Cleveland, nect various public and private with provisions of Section 4303.26 of Ohio 44113, Permanent Number spaces in , authorizing contribution of various the Revised Code of Ohio. 3506675; and requests the Superinten- City funding sources and authoriz- Section 2. That the Clerk of Council dent of Liquor Control to set a hearing ing and approving related matters. be and she is hereby directed to trans- for said application in accordance Approved by Directors of Eco- mit two certified copies of this resolu- with provisions of Section 4303.26 of nomic Development, City Planning the Revised Code of Ohio. tion, together with two copies of a let- Commission, Finance, Law; Passage Section 2. That the Clerk of Council ter of objection and two copies of a recommended by Committees on letter requesting that the hearing be be and she is hereby directed to trans- Community and Economic Develop- held in Cleveland, Cuyahoga County. mit two certified copies of this resolu- ment, City Planning, Finance, when Section 3. That this resolution is tion, together with two copies of a let- amended, as follows: hereby declared to be an emergency ter of objection and two copies of a 1. In Section 2, item 2, lines 1 and 2, measure and, provided it receives the letter requesting that the hearing be strike “in an amount not to exceed $1 affirmative vote of two-thirds of all held in Cleveland, Cuyahoga County. million per year,”. the members elected to Council, it Section 3. That this resolution is 2. In Section 3, line 5, strike “1519- shall take effect and be in force imme- hereby declared to be an emergency 13-A” and insert in lieu thereof “1519- diately upon its adoption and measure and, provided it receives the 13-B”. approval by the Mayor; otherwise, it affirmative vote of two-thirds of all Amendments agreed to. shall take effect and be in force from the members elected to Council, it Read third time in full. Passed. and after the earliest period allowed shall take effect and be in force imme- Yeas 16. Nays 1. by law. diately upon its adoption and Those voting Yea: Council Mem- Motion to suspend rules, Charter, approval by the Mayor; otherwise, it bers Brady, Brancatelli, Cleveland, and statutory provisions and place shall take effect and be in force from Conwell, Dow, J. Johnson, K. John- on final adoption. and after the earliest period allowed son, Keane, Kelley, Miller, Mitchell, The rules were suspended. Yeas by law. Polensek, Pruitt, Reed, Westbrook, 18. Nays 0. Read second time. Read Motion to suspend rules, Charter, Zone. third time in full. Adopted. Yeas and statutory provisions and place Those voting Nay: Council Mem- 18. Nays 0. on final adoption. ber Cummins. 1952 December 4, 2013 The City Record 7

Absent: Council Member Sweeney. mended by Committees on Communi- THE CALENDAR Pursuant to Rule 19 of the Rules ty and Economic Development, City of Council, Council Member Cimper- Planning, Finance. man recused himself for the vote The rules were suspended. Yeas The following measures will be on regarding Ordinance No. 1519-13. 18. Nays 0. Read second time. Read their final passage at the next meet- In compliance with Section 33 of third time in full. Passed. Yeas 18. ing: the Charter a copy of the legislation Nays 0. NONE was furnished to each member of Council before final passage. Ord. No. 1553-13. By Council Members Cimperman, BOARD OF CONTROL Ord. No. 1544-13. Brancatelli, Cleveland and Kelley (by By Council Member Kelley (by departmental request). departmental request). An emergency ordinance approving November 27, 2013 An emergency ordinance authoriz- the addition of certain property to the ing the Director of Community Rela- Advanced Energy Dis- The Regular meeting of the Board tions to apply for and accept a grant trict; accepting a petition from own- of Control convened in the Mayor’s from Cuyahoga County Juvenile ers of property in the District; approv- office on Wednesday, November 27, Court to conduct the 2014 Community ing a plan identifying a special ener- 2013 at 10:37 a.m. with Director Diversion Program. gy improvement project; declaring it Langhenry presiding. Approved by Directors of Communi- necessary to conduct the special ener- Present: Directors Langhenry, ty Relations Board, Finance, Law; gy improvement project; providing Dumas, Bender, Smith, Cox, Butler, Passage recommended by Committee for the assessment of the cost and Acting Director Cosgrove, Director on Finance. expense of such special energy Southerington, Acting Director The rules were suspended. Yeas improvement project; and authorizing Thornton, Director Fumich and Act- 18. Nays 0. Read second time. Read the Director of Economic Develop- ing Director O’Leary. third time in full. Passed. Yeas 18. ment to enter into a Cooperative Absent: Mayor Jackson and Direc- Nays 0. Agreement to implement the project; tor Flask. and declaring an emergency. Others: L. Peculis, Acting Director, Ord. No. 1547-13. Approved by Directors of Economic Office of Equal Opportunity. By Council Member Kelley (by Development, City Planning Commis- Tiffany White, Commissioner, Pur- departmental request). sion, Finance, Law; Passage recom- chases & Supplies. An emergency ordinance authoriz- mended by Committees on Communi- On motions, the following resolu- ing the Director of Community Rela- ty and Economic Development, City tions were adopted, except as may be otherwise noted: tions to apply for and accept a grant Planning, Finance. from Cuyahoga County for the FY The rules were suspended. Yeas Resolution No. 668-13. 2013 Juvenile Accountability Block 18. Nays 0. Read second time. Read By Director Bender. Grant Program. third time in full. Passed. Yeas 18. Be it resolved by the Board of Approved by Directors of Communi- Nays 0. Control of the City of Cleveland that ty Relations Board, Finance, Law; under the authority of Ordinance No. Passage recommended by Committee Ord. No. 1597-13. 1224-13, passed by the Council of the on Finance. By Council Members Brancatelli City of Cleveland on October 7, 2013, The rules were suspended. Yeas and Kelley (by departmental Grand River Grill, Inc. dba Jibaro 18. Nays 0. Read second time. Read request). (“Concessionaire”) is selected from third time in full. Passed. Yeas 18. An emergency ordinance authoriz- a list of firms determined after a Nays 0. ing the Directors of Community full and complete canvass by the Development and Economic Develop- Director of Public Utilities as the Ord. No. 1551-13. ment to enter into amendments to two firm to be employed by contract to By Council Members Brancatelli, existing loans with Ohio City Incorpo- operate a first-class food and bever- Cleveland and Kelley (by departmen- rated and to authorize the assignment age service concession at the Carl tal request). and assumption of the loans by Neigh- B. Stokes Public Utilities Building - An emergency ordinance authoriz- borhood Housing Services of Greater 1201 Lakeside Avenue, as well as ing the execution and delivery of an Cleveland, Inc. to provide affordable staffing, managing the staff for Amended and Restated Petition and housing and to renovate the West food service operations, marketing, approving the Amended and Restated 45th Street Apartments located at 1788 and providing all necessary kitchen Petition, Articles of Incorporation – 1790 West 45th Street; to change the equipment needed for the operation and Revised Plan of the Northeast terms of the loans; and to enter into or of the kitchen and product sales of Ohio Advanced Energy District; and modify any related documents and the concession, effective December declaring an emergency. supporting instruments. 11, 2013, for a period of one year, Approved by Directors of Economic Approved by Directors of Communi- with two one-year options to renew. Development, City Planning Commis- ty Development, Economic Develop- The Director of Public Utilities is sion, Finance, Law; Passage recom- ment, Finance, Law; Passage recom- authorized to enter into a concession mended by Committees on Communi- mended by Committees on Communi- agreement with the Concessionaire ty and Economic Development, City ty and Economic Development, to provide those services at the Carl Planning, Finance. Finance. B. Stokes Public Utilities Building - The rules were suspended. Yeas The rules were suspended. Yeas 1201 Lakeside Avenue for the con- 18. Nays 0. Read second time. Read 18. Nays 0. Read second time. Read cession fee based on 8% of the third time in full. Passed. Yeas 18. third time in full. Passed. Yeas 18. monthly sales. Nays 0. Nays 0. Yeas: Directors Langhenry, Dumas, Bender, Smith, Cox, Butler, Ord. No. 1552-13. MOTION Acting Director Cosgrove, Director By Council Members Cimperman, Southerington, Acting Director On the motion of Council Member Brancatelli, Cleveland and Kelley (by Thornton, Director Fumich and Act- Reed, the absence of Council Mem- departmental request). ing Director O’Leary. ber Martin J. Sweeney is hereby An emergency ordinance approving Nays: None. authorized. Seconded by Council the addition of certain property to the Absent: Mayor Jackson and Direc- Member Brady. Northeast Ohio Advanced Energy Dis- tor Flask. trict; accepting a petition from own- MOTION Resolution No. 669-13. ers of property in the District; approv- By Director Bender. ing a plan identifying a special ener- The Council Meeting adjourned at Be it resolved by the Board of gy improvement project; declaring it 9:45 p.m. to meet at the Call of the Control of the City of Cleveland that necessary to conduct the special ener- Chair. the bid of Warner Diesel Filtration gy improvement project; providing for an estimated quantity of labor for the assessment of the cost and and materials for maintenance of expense of such special energy backup generators, components, improvement project; and authorizing appurtenances, fuel testing, fuel the Director of Economic Develop- conditioning, and recycling, Group 2, ment to enter into a Cooperative all items, for the various Divisions Agreement to implement the project; of the Department of Public Utili- and declaring an emergency. ties, for a period of two years start- Approved by Directors of Economic ing upon the later of the execution Development, City Planning Commis- Patricia J. Britt of a contract or the day following sion, Finance, Law; Passage recom- City Clerk, Clerk of Council expiration of the currently effective 1953 8 The City Record December 4, 2013 contract for the goods or services, Resolution No. 671-13. Resolution No. 673-13. with two one-year options to renew, By Director Bender. By Director Cox. received on September 27, 2013 under Be it resolved by the Board of Whereas, Resolution No. 250-12, the authority of Ordinance No. 675- Control of the City of Cleveland that adopted on June 6, 2012 by this 13, passed May 20, 2013, which on the bid of General Chemical Perfor- Board of Control, established the the basis of the estimated quantity mance Products LLC for an esti- rental rates for the Cleveland Pub- would amount to $20,750.00 (0%, 10 mated quantity of liquid alum and lic Auditorium under the authority Days), is affirmed and approved as alum blend coagulants, item 1, for of Section 131.15(1) of the Codified the lowest and best bid, and the the Division of Water, Department Ordinances of Cleveland, Ohio, 1976; Director of Public Utilities is and requested to enter into a require- of Public Utilities, for a period of two years starting upon the later of Whereas, the Convention and Vis- ment contract for the goods and/or itors Bureau of services necessary for the specified the execution of a contract or the day following expiration of the cur- (‘Positively Cleveland”) and the items. Greater Cleveland Sports Commis- rently effective contract for the The requirement contract shall sion (“Sports Commission”) are orga- goods or services, received on Sep- further provide that the Contractor nizations operated to promote the tember 27, 2013 under the authority shall furnish all the City’s require- civic welfare of the City of Cleve- of Section 129.24 of the Codified ments for such goods and/or ser- land (“City”) by attracting business, vices, whether more or less than the Ordinances of Cleveland Ohio, 1976, tourist, and other events that gen- estimated quantity, as may be which on the basis of the estimated erate tax revenues, promote public ordered under delivery orders sepa- quantity would amount to consciousness of the City, and rately certified to the contract. $5,080,000.00 (0%), is affirmed and enhance the City’s national and Be it further resolved that accord- approved as the lowest and best bid, global profile; and ing to Section 181.25(a) of the Cod- and the Director of Public Utilities Whereas, the City desires to per- ified Ordinances of Cleveland, Ohio, is requested to enter into a require- mit Positively Cleveland and the 1976, the informality and irregulari- ment contract for the goods and/or Sports Commission to use Public ty of the insufficiency of the bid services necessary for the specified Auditorium on a rent-free basis for check submitted by Warner Diesel items. not more than twelve (12) event- Filtration in the amount of $1,000.00. The requirement contract shall days between the two for the cal- which check is insufficient by an further provide that the Contractor endar year beginning January 1, amount less than 10% of the amount shall furnish all the City’s require- 2014, solely for an event or events required under Section 181.24 C.O., is ments for such goods and/or ser- open to the public and consistent waived for the reason that such vices, whether more or less than the with their missions and tax-exempt waiver is in the public interest. estimated quantity, as may be status; now, therefore, Yeas: Directors Langhenry, ordered under delivery orders sepa- Be it resolved by the Board of Dumas, Bender, Smith, Cox, Butler, rately certified to the contract. Control of the City of Cleveland, Acting Director Cosgrove, Director Yeas: Directors Langhenry, that notwithstanding and as an Southerington, Acting Director Dumas, Bender, Smith, Cox, Butler, exception to the Thornton, Director Fumich and Act- Acting Director Cosgrove, Director rental rates established by Board of ing Director O’Leary. Southerington, Acting Director Control Resolution No. 250-12, adopt- Nays: None. Thornton, Director Fumich and Act- ed June 6, 2012, Positively Cleveland Absent: Mayor Jackson and Direc- and the Sports Commission, as event tor Flask. ing Director O’Leary. Nays: None. sponsors/promoters, may use Public Auditorium rent-free during calen- Absent: Mayor Jackson and Direc- Resolution No. 670-13. dar year 2014 for not more than tor Flask. By Director Bender. twelve event-days between the two, Be it resolved by the Board of which includes both days the event Resolution No. 672-13. Control of the City of Cleveland that is open to public and participants the bid of W. W. Williams Midwest, By Director Bender. and days used to set up and dis- Inc. for an estimated quantity of Be it resolved by the Board of mantle the event, subject to the fol- labor and materials for maintenance Control of the City of Cleveland that lowing conditions: of backup generators, components, the bid of USALCO, LLC for an esti- 1. The event sponsor/promoter appurtenances, fuel testing, fuel mated quantity of liquid alum and agrees to pay all the City’s actual conditioning, and recycling, Group 1, alum blend coagulants, item 2, for costs, at the prevailing rates, asso- all items, for the various Divisions the Division of Water, Department ciated with any labor, materials, or of the Department of Public Utili- of Public Utilities, for a period of equipment the City provides to sup- ties, for a period of two years start- two years starting upon the later of port the event; and ing upon the later of the execution the execution of a contract or the 2. Positively Cleveland or the of a contract or the day following day following expiration of the cur- Sports Commission is either the offi- expiration of the currently effective rently effective contract for the cial sponsor or promoter of the contract for the goods or services, goods or services, received on Sep- event; and with two one-year options to renew, tember 27, 2013 under the authority 3. The event sponsor/promoter received on September 27, 2013 under of Section 129.24 of the Codified provides the Director of Public the authority of Ordinance No. 675- Ordinances of Cleveland Ohio, 1976, Works at least 30 days’ prior writ- 13, passed May 20, 2013, which on which on the basis of the estimated ten notice of any request to sched- the basis of the estimated quantity quantity would amount to ule an event under the authority would amount to $372,288.00 (2%, 15 $1,154,000.00 (0%, Net 30 Days), is afforded in this resolution, which Days), is affirmed and approved as affirmed and approved as the low- request shall contain all relevant the lowest and best bid, and the est and best bid, and the Director of details about the event, and the Director of Public Utilities is Public Utilities is requested to enter Director of Public Works has the requested to enter into a require- into a requirement contract for the sole discretion to determine whether ment contract for the goods and/or goods and/or services necessary for the proposed event qualifies for use services necessary for the specified the specified items. of the Public Auditorium on a rent- items. free basis under this resolution; and The requirement contract shall The requirement contract shall 4. The event sponsor/promoter further provide that the Contractor further provide that the Contractor complies with all applicable rules shall furnish all the City’s require- shall furnish all the City’s require- and regulations governing the use ments for such goods and/or ser- ments for such goods and/or ser- of Public Auditorium, including the vices, whether more or less than the vices, whether more or less than the requirement to obtain insurance cov- estimated quantity, as may be estimated quantity, as may be erage satisfactory to the Director of ordered under delivery orders sepa- ordered under delivery orders sepa- Law, and observes all other con- rately certified to the contract. rately certified to the contract. tractual obligations. Yeas: Directors Langhenry, Yeas: Directors Langhenry, Yeas: Directors Langhenry, Dumas, Bender, Smith, Cox, Butler, Dumas, Bender, Smith, Cox, Butler, Dumas, Bender, Smith, Cox, Butler, Acting Director Cosgrove, Director Acting Director Cosgrove, Director Acting Director Cosgrove, Director Southerington, Acting Director Southerington, Acting Director Southerington, Acting Director Thornton, Director Fumich and Act- Thornton, Director Fumich and Act- Thornton, Director Fumich and Act- ing Director O’Leary. ing Director O’Leary. ing Director O’Leary. Nays: None. Nays: None. Nays: None. Absent: Mayor Jackson and Direc- Absent: Mayor Jackson and Direc- Absent: Mayor Jackson and Direc- tor Flask. tor Flask. tor Flask. 1954 December 4, 2013 The City Record 9

Resolution No. 674-13. Community Development and when Be it resolved by the Board of By Director Rush. certain specified conditions have Control of the City of Cleveland that Whereas, under Ordinance No. been met, to sell Land Reutilization under Section 183.021 of the Codified 2076-76 passed October 25, 1976, the Program parcels; and Ordinances of Cleveland, Ohio, 1976, City is conducting a Land Reuti- Whereas, Gail McGhee has pro- the Commissioner of Purchases and lization Program (“Program”) posed to the City to purchase and Supplies is authorized, when direct- according to the provisions of Chap- develop the parcel for yard expan- ed by the Director of Community ter 5722 of the Ohio Revised Code; sion; and Development, and the Mayor is and Whereas, the following conditions requested, to execute an Official Whereas, under the Program, the exist: Deed for and on behalf of the City City has acquired Permanent Parcel 1. The member of Council from of Cleveland, with Teresa Floyd for No. 121-20-004 located at 10522 Cedar Ward 8 has approved the proposed the sale and development of Perma- Avenue in Ward 9; and sale or has not disapproved or nent Parcel No. 119-30-059 located at Whereas, Section 183.021 of the requested a hold of the proposed 2290 East 86th Street, according to Codified Ordinances of Cleveland, sale within 45 days of notification the Land Reutilization Program in Ohio, 1976 authorizes the Commis- of it; such manner as best carries out the sioner of Purchases and Supplies, 2. The proposed purchaser of the intent of the program. when directed by the Director of parcel is neither tax delinquent nor Be it further resolved that the con- Community Development and when in violation of the Building and sideration for the sale of the parcel certain specified conditions have Housing Code; now, therefore, shall be $1.00, which amount is been met, to sell Land Reutilization Be it resolved by the Board of determined to be not less than the Program parcels; and Control of the City of Cleveland that fair market value of the parcel for Whereas, Foun- under Section 183.021 of the Codified uses according to the Program. dation has proposed to the City to Ordinances of Cleveland, Ohio, 1976, Yeas: Directors Langhenry, purchase and develop the parcel for the Commissioner of Purchases and Dumas, Bender, Smith, Cox, Butler, Commercial/Industrial New Con- Supplies is authorized, when direct- Acting Director Cosgrove, Director struction; and ed by the Director of Community Southerington, Acting Director Whereas, the following conditions Development, and the Mayor is Thornton, Director Fumich and Act- exist: requested, to execute an Official ing Director O’Leary. 1. The member of Council from Deed for and on behalf of the City Nays: None. Ward 9 has approved the proposed of Cleveland, with Gail McGhee for Absent: Mayor Jackson and Direc- sale or has not disapproved or the sale and development of Perma- tor Flask. requested a hold of the proposed nent Parcel No. 108-05-043 located at sale within 45 days of notification 598 East 97th Street, according to Resolution No. 677-13. of it; the Land Reutilization Program in By Director Rush. 2. The proposed purchaser of the such manner as best carries out the Whereas, under Ordinance No. parcel is neither tax delinquent nor intent of the program. 2076-76 passed October 25, 1976, the in violation of the Building and Be it further resolved that the con- City is conducting a Land Reuti- Housing Code; now, therefore, sideration for the sale of the parcel lization Program (“Program”) Be it resolved by the Board of shall be $200.00, which amount is according to the provisions of Chap- Control of the City of Cleveland that determined to be not less than the ter 5722 of the Ohio Revised Code; under Section 183.021 of the Codified fair market value of the parcel for and Ordinances of Cleveland, Ohio, 1976, uses according to the Program. Whereas, under the Program, the the Commissioner of Purchases and Yeas: Directors Langhenry, City has acquired Permanent Supplies is authorized, when direct- Dumas, Bender, Smith, Cox, Butler, Parcels 126-25-053, 126-25-052, 126-25- ed by the Director of Community Acting Director Cosgrove, Director 016 and 126-25-017 located at various Development, and the Mayor is Southerington, Acting Director locations in Ward 5; and requested, to execute an Official Thornton, Director Fumich and Act- Whereas, Section 183.021 of the Deed for and on behalf of the City ing Director O’Leary. Codified Ordinances of Cleveland, of Cleveland, with Cleveland Clinic Nays: None. Ohio, 1976 authorizes the Commis- Foundation for the sale and devel- Absent: Mayor Jackson and Direc- sioner of Purchases and Supplies, opment of Permanent Parcel No. 121- tor Flask. when directed by the Director of 20-004 located at 10522 Cedar Community Development and when Avenue, according to the Land Resolution No. 676-13. certain specified conditions have Reutilization Program in such man- By Director Rush. been met, to sell Land Reutilization ner as best carries out the intent of Whereas, under Ordinance No. Program parcels; and the program. 2076-76 passed October 25, 1976, the Whereas, the Greater Cleveland Be it further resolved that the con- City is conducting a Land Reuti- Regional Transit Authority has pro- sideration for the sale of the parcel lization Program (“Program”) posed to the City to purchase and shall be $135,000.00, which amount is according to the provisions of Chap- develop the parcels for commercial determined to be not less than the ter 5722 of the Ohio Revised Code; facility expansion; and fair market value of the parcel for and Whereas, the following conditions uses according to the Program. Whereas, under the Program, the exist: Yeas: Directors Langhenry, City has acquired Permanent Parcel 1. The member of Council from Dumas, Bender, Smith, Cox, Butler, No. 119-30-059 located at 2290 East Ward 5 has approved the proposed Acting Director Cosgrove, Director 86th Street in Ward 6; and sale or has not disapproved or Southerington, Acting Director Whereas, Section 183.021 of the requested a hold of the proposed Thornton, Director Fumich and Act- Codified Ordinances of Cleveland, sale within 45 days of notification ing Director O’Leary. Ohio, 1976 authorizes the Commis- of it; Nays: None. sioner of Purchases and Supplies, 2. The proposed purchaser of the Absent: Mayor Jackson and Direc- when directed by the Director of parcels is neither tax delinquent nor tor Flask. Community Development and when in violation of the Building and certain specified conditions have Housing Code; now, therefore, Resolution No. 675-13. been met, to sell Land Reutilization Be it resolved by the Board of By Director Rush. Program parcels; and Control of the City of Cleveland that Whereas, under Ordinance No. Whereas, Teresa Floyd has pro- under Section 183.021 of the Codified 2076-76 passed October 25, 1976, the posed to the City to purchase and Ordinances of Cleveland, Ohio, 1976, City is conducting a Land Reuti- develop the parcel for yard expan- the Commissioner of Purchases and lization Program (“Program”) sion; and Supplies is authorized, when direct- according to the provisions of Chap- Whereas, the following conditions ed by the Director of Community ter 5722 of the Ohio Revised Code; exist: Development, and the Mayor is and 1. The member of Council from requested, to execute an Official Whereas, under the Program, the Ward 6 has approved the proposed Deed for and on behalf of the City City has acquired Permanent Parcel sale or has not disapproved or of Cleveland, with the Greater No. 108-05-043 located at 598 East requested a hold of the proposed Cleveland Regional Transit Author- 97th Street in Ward 8; and sale within 45 days of notification ity for the sale and development of Whereas, Section 183.021 of the of it; Permanent Parcels 126-25-053, 126-25- Codified Ordinances of Cleveland, 2. The proposed purchaser of the 052, 126-25-016 and 126-25-017, accord- Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor ing to the Land Reutilization Pro- sioner of Purchases and Supplies, in violation of the Building and gram in such manner as best carries when directed by the Director of Housing Code; now, therefore, out the intent of the program. 1955 10 The City Record December 4, 2013

Be it further resolved that the con- ment Policy and Section 181.27 of Calendar No. 13-219: 4931 State Road sideration for the sale of the parcels the Cleveland Codified Ordinances. postponed to January 6, 2014. shall be $3,600.00, which amount is (Filed 8-13-13; testimony taken.) determined to be not less than the Second postponement taken at the Secretary fair market value of the parcels for discretion of the Board, requesting uses according to the Program. that the parties submit documentary Yeas: Directors Langhenry, evidence by or before December 9, REPORT OF THE BOARD Dumas, Bender, Smith, Cox, Butler, 2013. OF BUILDING STANDARDS Acting Director Cosgrove, Director Southerington, Acting Director Calendar No. 13-254: 2168 West 25th AND BUILDING APPEALS Thornton, Director Fumich and Act- Street (Ward 3) ing Director O’Leary. Apocalypse Development Ltd., Nays: None. owner, and Voss Industries, Incor- NO MEETING Absent: Mayor Jackson and Direc- porated, appeal to install eight (8) tor Flask. feet high fence with barbed wire fencing at the top on property locat- PUBLIC NOTICE JEFFREY B. MARKS, ed in a B3 Semi-Industry District Secretary between Chatham and Monroe Avenues; subject to the limitations NONE in Section 358.05(a)(2) fences in CIVIL SERVICE NOTICES actual front and side street yards shall not exceed four (4) feet in NOTICE OF PUBLIC HEARING ______height and shall be at least fifty General Information percent (50%) open and in actual rear and interior side yards, fences Application blanks and informa- NONE tion, regarding minimum entrance shall not exceed six (6) feet in qualifications, scope of examination, height and may be open or solid according to the Cleveland Codified and suggested reference materials Ordinances. CITY OF CLEVELAND BIDS may be obtained at the office of the Civil Service Commission, Room 119, Secretary City Hall, East 6th Street, and Lake- side Avenue. For All Departments REPORT OF THE BOARD Application blanks must be prop- OF ZONING APPEALS Sealed bids will be received at the erly filled out on the official form office of the Commissioner of Pur- prescribed by the Civil Service Com- chases and Supplies, Room 128, City mission and filed at the office of the Hall, in accordance with the append- MONDAY, DECEMBER 2, 2013 commission not later than the final ed schedule, and will be opened and closing date slated in the examina- At the meeting of the Board of read in Room 128, City Hall, imme- tion announcement. Zoning Appeals on Monday, Decem- diately thereafter. ber 2, 2013, the following appeals Each bid must be made in accor- EXAMINATION RESULTS: Each were scheduled for hearing before dance with the specifications and applicant whether passing or failing the Board. must be submitted on the blanks will be notified of the results of the supplied for the purpose, all of examination as soon as the commis- The following appeals were which may be obtained at the office sion has graded the papers. There- APPROVED: of the said Commissioner of Pur- after, eligible lists will be estab- chases and Supplies, but no bid will lished which will consist of the Calendar No. 13-243: 2393 Professor be considered unless delivered to names of those candidates who have Avenue the office of the said commissioner been successful in all parts of the 2393 Tremont LLC appealed to previous to 12:00 noon (Eastern examination. expand use of a restaurant/tavern to the second floor of a two-story Standard Time) on the date speci- PHYSICAL EXAMINATION: All building in a C1 General Retail busi- fied in the schedule. candidates for original entrance po- ness District. 187.10 Negotiated contracts; Notice sitions who are successful in other required in Advertisement for Bids. parts of the examinations must sub- Calendar No. 13-250: 17714 Windward Where invitations for bids are mit to a physical examination. Road advertised, the following notice Clifford and Amy Whitehead shall be included in the advertise- ROBERT BENNETT, appealed to erect a one-story ment: “Pursuant to the MBE/FBE President attached garage addition to a single Code, each prime bidder, each minor- family dwelling in an A1 One-Fam- ity business enterprise (“MBE”) and ily District; subject to condition. each female business enterprise SCHEDULE OF THE BOARD (“FBE”) must be certified before The following appeals were OF ZONING APPEALS DENIED: doing business with the City. There- fore, any prime contractor wishing None. to receive credit for using an MBE MONDAY, DECEMBER 16, 2013 or FBE should ensure that applica- The following appeals were tions for certification as to MBE or 9:30 A.M. WITHDRAWN: FBE status compliance with the Code, affirmative action in employ- POSTPONED FROM None. ment and, if applicable, joint ven- OCTOBER 21, 2013 ture status, are submitted to the of - The following appeal was DIS- fice of Equal Opportunity (“OEO”) Calendar No. 13-187: A-AA Terry the MISSED: prior to the date of bid opening or Plumber, LLC Contract Number submission of proposals or as speci - 68787 Calendar No. 13-186: 7830 Kinsman fied by the Director. Failure to com- Terry Kordiac doing business as Road ply with the business enterprise A-AA Terry the Plumber, LLC and Cuyahoga Metropolitan Housing also known as Terry the Plumber, Authority appealed to erect a four- code or with representations made Incorporated appeals under Section story apartment building in a C1 on these forms may result in can- 76-6 of the Charter of the City of Multi-Family District. cellation of the contract or other Cleveland and Section 329.02(d) civil or criminal penalties.” from a decision on a proposed debar- The following appeals were POST- ment issued on July 31, 2013 by the PONED: WEDNESDAY, DECEMBER 18, 2013 Commissioner of Purchases and Sup- plies, Department of Finance, pur- Calendar No. 13-248: 2919 East 37th File No. 188-13 — Labor and Materi- suant to Article 6(A)(6), (7) and Street postponed to January 6, als Necessary to Clean The West (10) of the City of Cleveland Debar- 2014. Side Market (Re-Bid), for the 1956 December 4, 2013 The City Record 11

Division of West Side Market, *Bidders must purchase plans and of Water, Department of Public Department of Public Works, as specifications directly from the Utilities, as authorized by Ordi- authorized by Section 181.101 of office of the Commissioner of nance No. 26-13, passed by the the Codified Ordinances of Cleve- Purchases and Supplies. Only reg- Council of the City of Cleveland, land, Ohio, 1976. istered Plan Holders will receive January 28, 2013. THERE WILL BE A NON-MANDA- Addenda. Bids cannot be accept- THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING ed from Bidders who only pur- TORY PRE-BID MEETING THURSDAY, DECEMBER 5, 2013 chase plans from other entities THURSDAY, DECEMBER 12, AT 1:00 P.M. THE WESTSIDE such as Plan Rooms and/or who 2013 AT 2:30 P.M. THE CARL B. MARKET, WESTSIDE MARKET fail to register to be on the City STOKES PUBLIC UTILITIES CONFERENCE ROOM, 2ND of Cleveland Plan Holders List. BUILDING, 1201 LAKESIDE FLOOR, 1979 WEST 25TH AVENUE, 2ND FLOOR ATRIUM STREET, CLEVELAND, OHIO CONFERENCE ROOM, CLEVE- November 27, 2013 and December 4, 2013 44113. LAND, OHIO 44114. WEDNESDAY, JANUARY 22, 2014 November 27, 2013 and December 4, 2013 December 4, 2013 and December 11, 2013 File No. 187-13 — ART Gallery Ded- FRIDAY, DECEMBER 20, 2013 ication Project, for the Division FRIDAY, JANUARY 24, 2014 of Cleveland Hopkins Interna- File No. 185-13 — Nottingham Filter tional Airport, Department of File No. 191-13 — Labor and Materi- Building Roof Replacement Pro- Port Control, as authorized by als for Rigging Services (Re-bid), ject No. 659, for the Division of Ordinance No. 359-05, passed by for the Division of Cleveland Pub- Water, Department of Public Util- the Council of the City of Cleve- lic Power, Department of Public ities, as authorized by Ordinance land, May 2, 2005. Utilities, as authorized by Ordi- No. 262-12, passed by the Council *THERE WILL BE A NON- nance No. 1630-12, passed by the of the City of Cleveland, May 14, REFUNDABLE FEE FOR PLANS Council of the City of Cleveland, 2012. AND SPECIFICATIONS IN THE December 3, 2012. *THERE WILL BE A NON- AMOUNT OF ONE HUNDRED THERE WILL BE A NON-MANDA- REFUNDABLE FEE FOR PLANS DOLLARS ($100.00) ONLY IN TORY PRE-BID MEETING FRI- AND SPECIFICATIONS IN THE THE FORM OF A CASHIER’S DAY, DECEMBER 13, 2013 AT AMOUNT OF ONE HUNDRED CHECK OR A MONEY ORDER 10:00 A.M. CLEVELAND PUBLIC DOLLARS ($100.00) ONLY IN (NO COMPANY CHECKS, NO POWER DIVISION, TOM L. THE FORM OF A CASHIER’S CASH AND NO CREDIT CARDS JOHNSON BUILDING, 1300 CHECK OR A MONEY ORDER WILL BE ACCEPTED TO PUR- LAKESIDE AVENUE, CLEVE- (NO COMPANY CHECKS, NO CHASE PLANS). LAND, OHIO 44114. CASH AND NO CREDIT CARDS THERE WILL BE A NON-MANDA- WILL BE ACCEPTED TO PUR- TORY PRE-BID MEETING CHASE PLANS). THURSDAY, DECEMBER 12, December 4, 2013 and December 11, 2013 THERE WILL BE A MANDATORY 2013 AT 10:00 A.M. THE CLEVE- PRE-BID MEETING FRIDAY, LAND HOPKINS INTERNATION- DECEMBER 6, 2013 AT 10:00 A.M. AL AIRPORT’S RECEIVING ADOPTED RESOLUTIONS THE ADMINISTRATION BUILD- BUILDING, CLEVELAND PLUS ING, NOTTINGHAM WATER AND ORDINANCES CONFERENCE ROOM (BAG- WORKS PLANT, 1230 CHARDON GAGE LEVEL IN TERMINAL), ROAD, CLEVELAND, OHIO 44117. 5300 RIVERSIDE ROAD, CLEVE- THE CITY OF CLEVELAND WILL Res. No. 1343-13. LAND, OHIO 44181. NOT CONSIDER THE BID OF By Council Members Keane, Miller, *Bidders must purchase plans and ANYONE WHO DOES NOT AT - Cleveland, Kelley and Brady (by specifications directly from the TEND A MANDATORY PRE-BID departmental request). CONFERENCE. office of the Commissioner of An emergency resolution declaring *Bidders must purchase plans and Purchases and Supplies. Only reg- the intent to vacate a portion of specifications directly from the istered Plan Holders will receive Triskett Court N.W. office of the Commissioner of Addenda. Bids cannot be accept- Whereas, this Council is satisfied Purchases and Supplies. Only reg- ed from Bidders who only pur- that there is good cause to vacate a istered Plan Holders will receive chase plans from other entities portion of Triskett Court N.W., as Addenda. Bids cannot be accept- such as Plan Rooms and/or who described; and ed from Bidders who only pur- fail to register to be on the City Whereas, this resolution consti- chase plans from other entities of Cleveland Plan Holders List. tutes an emergency measure provid- such as Plan Rooms and/or who ing for the usual daily operation of a municipal department; now, there- fail to register to be on the City November 27, 2013 and December 4, 2013 of Cleveland Plan Holders List. fore, and December 11, 2013 Be it resolved by the Council of the City of Cleveland: File No. 186-13 — Large Valve WEDNESDAY, JANUARY 22, 2014 Renewal Phase I, for the Division Section 1. That this Council declares its intent to vacate a portion of Water, Department of Public File No. 189-13 — Purchase of 15KV Utilities, as authorized by Ordi- of the following described real prop- Walk-in Switchgear for Harvard erty: nance No. 444-10, passed by the Substation (Re-bid), for the Divi- Council of the City of Cleveland, sion of Cleveland Public Power, A portion of Triskett Court N.W. June 7, 2010. Department of Public Utilities, as Situated in the City of Cleveland, *THERE WILL BE A NON- authorized by Ordinance No. 556- County of Cuyahoga and State of Ohio REFUNDABLE FEE FOR PLANS 08, passed by the Council of the and being all that portion of Triskett AND SPECIFICATIONS IN THE City of Cleveland, June 9, 2008. Court N.W. (20.00 feet wide) extend- AMOUNT OF ONE HUNDRED THERE WILL BE A NON-MANDA- ing from the southwesterly prolonga- DOLLARS ($100.00) ONLY IN TORY PRE-BID MEETING tion of the west line of Sublot 37 in the THE FORM OF A CASHIER’S THURSDAY, DECEMBER 12, Settlement Property Co’s Lorain Vil- CHECK OR A MONEY ORDER 2013 AT 11:00 A.M. THE TOM L. las Allotment of part of original (NO COMPANY CHECKS, NO JOHNSON BUILDING, 1300 Rockport Township Nos. 11 and 20 as CASH AND NO CREDIT CARDS LAKESIDE AVENUE, CLEVE- shown by the recorded plat in Volume WILL BE ACCEPTED TO PUR- LAND, OHIO 44114. 59 of Maps, Page 16 of Cuyahoga CHASE PLANS). County Records, southeasterly to it’s THERE WILL BE A NON-MANDA- terminus. TORY PRE-BID MEETING December 4, 2013 and December 11, 2013 Legal Description approved by THURSDAY, DECEMBER 5, 2013 Greg Esber, Section Chief, Plats, Sur- AT 2:30 P.M. THE CARL B. THURSDAY, JANUARY 23, 2014 veys and House Numbering Section. STOKES PUBLIC UTILITIES Section 2. That this resolution is BUILDING, 2ND FLOOR ATRIUM File No. 190-13 — Purchase of Vari- declared to be an emergency measure CONFERENCE ROOM,1201 ous Types of Safety Equipment and, provided it receives the affirma- LAKESIDE AVENUE, CLEVE- Required for OSHA/PERRP Com- tive vote of two-thirds of all the mem- LAND, OHIO 44114. pliance (Re-Bid), for the Division bers elected to Council, it shall take 1957 12 The City Record December 4, 2013 effect and be in force immediately Section 2. That this resolution is The southerly 8.00 feet of Logan upon its adoption and approval by the declared to be an emergency measure Court N.E. (40.00 feet wide) Mayor; otherwise it shall take effect and, provided it receives the affirma- Situated in the City of Cleveland, and be in force from and after the ear- tive vote of two-thirds of all the mem- County of Cuyahoga and State of Ohio liest period allowed by law. bers elected to Council, it shall take of part of original 100 acre lot 401 and Adopted November 25, 2013. effect and be in force immediately being the southerly 8.00 feet of Logan Effective November 26, 2013. upon its adoption and approval by the Court N.E. (40.00 feet wide) extending Mayor; otherwise it shall take effect easterly from the east right of way of and be in force from and after the ear- East 97th Street (56.00 feet wide) to liest period allowed by law. its easterly terminus. Res. No. 1414-13. Adopted November 25, 2013. Legal Description approved by By Council Members Mitchell, Effective November 26, 2013. Greg Esber, Section Chief, Plats, Sur- Miller, Cleveland and Kelley (by veys and House Numbering Section. departmental request). Section 2. That this resolution is An emergency resolution declar- declared to be an emergency measure ing the intent to vacate a portion of Res. No. 1471-13. and, provided it receives the affirma- East 97th Street (56.00 feet wide). By Council Members Cummins, tive vote of two-thirds of all the mem- Whereas, this Council is satisfied Miller, Cleveland and Kelley (by bers elected to Council, it shall take that there is good cause to vacate a departmental request). effect and be in force immediately portion of East 97th Street (56.00 An emergency resolution declar- upon its adoption and approval by the feet wide), as described; and ing the intent to vacate a portion of Mayor; otherwise it shall take effect Whereas, this resolution consti- West 26th Place. and be in force from and after the ear- tutes an emergency measure provid- Whereas, this Council is satisfied liest period allowed by law. ing for the usual daily operation of that there is good cause to vacate a Adopted November 25, 2013. a municipal department; now, there- portion of West 26th Place, as Effective November 26, 2013. fore, described; and Be it resolved by the Council of Whereas, this resolution consti- the City of Cleveland: tutes an emergency measure provid- Section 1. That this Council ing for the usual daily operation of Res. No. 1503-13. declares its intent to vacate a portion a municipal department; now, there- By Council Members Miller, Cleve- of the following described real prop- fore, land and Kelley (by departmental erty: Be it resolved by the Council of request). the City of Cleveland: VACATION OF A PORTION An emergency resolution declar- OF EAST 97TH STREET Section 1. That this Council ing the intent to vacate a portion of (56 FEET WIDE) declares its intent to vacate a portion Mulberry Street N.W. (66.0 feet Situated in the City of Cleveland, of the following described real prop- wide). County of Cuyahoga, State of Ohio, erty: Whereas, this Council is satisfied being part of the Original 100 Acre that there is good cause to vacate a Lots No. 400 and 401 and more particu- A Portion of West 26th Place portion of Mulberry Street N.W., as larly bounded and described as fol- (16.00 feet wide) described; and lows: Situated in the City of Cleveland, Whereas, this resolution consti- Beginning at a drill hole in a stone County of Cuyahoga and State of Ohio tutes an emergency measure provid- in a monument box found at an angle and known as being part of Original ing for the usual daily operation of point on the centerline of Chester Brooklyn Township Lot Number 69, a municipal department; now, there- Avenue N.E. (86 feet wide); further described as follows: fore, Thence South 86° 54' 48" East, Being all that portion of West 26th Be it resolved by the Council of along the centerline of said Chester Place (16.00 feet wide) extending for the City of Cleveland: Avenue N.E., a distance of 55.88 feet to the South right-of-way of Swift Section 1. That this Council a point, said point being witnessed by Avenue S.W. (25.00 feet wide) South- declares its intent to vacate a portion a drill hole in a stone in a monument easterly to its Southerly terminus. of the following described real prop- box found north 0.02 feet and east 0.06 Legal Description approved by erty: feet; Greg Esber, Section Chief, Plats, Sur- Situated in the City of Cleveland, Thence South 00° 53' 30" East, a dis- veys and House Numbering Section. County of Cuyahoga and State of Ohio tance of 43.10 feet to a 5/8" iron pin set Section 2. That this resolution is and known as being all that portion of w/cap on the southerly line of Chester declared to be an emergency measure Mulberry Street N.W. (66.0 feet wide) Avenue N.E., and the TRUE POINT and, provided it receives the affirma- extending southeasterly from the OF BEGINNING of the herein tive vote of two-thirds of all the mem- southeasterly right of way of the described tract of land; bers elected to Council, it shall take Detroit Superior Viaduct (80 feet 01. Thence South 00° 53' 29" East, a effect and be in force immediately wide) as shown in volume 11 page 46 distance of 660.99 feet to a 5/8" iron upon its adoption and approval by the of Cuyahoga County Map Records to pin set w/cap on the northerly line of Mayor; otherwise it shall take effect the northwesterly right of way of Euclid Avenue (Variable Width); and be in force from and after the ear- 02. Thence South 88° 38' 25" West, Detroit Avenue N.W. (66.0 feet wide). liest period allowed by law. along the northerly line of said Euclid Legal Description approved by Avenue, a distance of 56.00 feet to a Adopted November 25, 2013. Greg Esber, Section Chief, Plats, Sur- 5/8" iron pin set w/cap; Effective November 26, 2013. veys and House Numbering Section. 03. Thence North 00° 53' 29" West, a Section 2. That this resolution is distance of 665.34 feet to a 5/8" iron declared to be an emergency measure pin set w/cap on the southerly line of and, provided it receives the affirma- said Chester Avenue N.E.; Res. No. 1502-13. tive vote of two-thirds of all the mem- 04. Thence South 86° 54' 48" East, By Council Members Dow, Miller, bers elected to Council, it shall take along the southerly line of said Cleveland and Kelley (by departmen- effect and be in force immediately Chester Avenue N.E., a distance of tal request). upon its adoption and approval by the 56.14 feet to the True Point of Begin- An emergency resolution declar- Mayor; otherwise it shall take effect ning and containing, more or less ing the intent to vacate a portion of and be in force from and after the ear- 0.853 acres and subject to all legal Logan Court N.E. liest period allowed by law. easements, restrictions, reservations, Whereas, this Council is satisfied Adopted November 25, 2013. conditions and rights-of-way of previ- that there is good cause to vacate a Effective November 26, 2013. ous record. portion of Logan Court N.E., as Basis of Bearing for this legal described; and description is North 87° 03' 05" East Whereas, this resolution consti- as the centerline of Euclid Avenue as tutes an emergency measure provid- Res. No. 1619-13. evidenced by monuments found using ing for the usual daily operation of By Council Members Cummins, Con- Ohio State Plane Coordinate a municipal department; now, there- well, Polensek, Brady, Cleveland, System, North Zone (NAD83-1995) fore, Dow, Miller, Mitchell and Zone. Datum by ties to the O.D.O.T. CORS Be it resolved by the Council of An emergency resolution urging Network and are for the purpose of the City of Cleveland: the Ohio Senate to support Senate indicating angles; Section 1. That this Council Bill 83 that provides that there is no Legal Description approved by declares its intent to vacate a portion period of limitation for the prosecu- Greg Esber, Section Chief, Plats, Sur- of the following described real prop- tion of an offense of rape and sex- veys and House Numbering Section. erty: ual battery. 1958 December 4, 2013 The City Record 13

Whereas, according to the Nation- shall take effect and be in force imme- Resources and the Ohio Environmen- al Crime Victimization Survey, diately upon its adoption and tal Protection Agency. 232,960 women in the U.S. were approval by the Mayor; otherwise, it Section 3. That this resolution is raped or sexually assaulted in 2006, shall take effect and be in force from hereby declared to be an emergency which is more than 600 women per and after the earliest period allowed measure and, provided it receives the day; and by law. affirmative vote of two-thirds of all Whereas, a 2010 survey by the Adopted November 25, 2013. the members elected to Council, it National Center for Injury Preven- Effective November 26, 2013. shall take effect and be in force imme- tion and Control affirmed that sex- diately upon its adoption and ual violence against women remains approval by the Mayor; otherwise, it endemic in the United States where shall take effect and be in force from nearly one in five women surveyed Res. No. 1620-13. and after the earliest period allowed revealed that they had been raped By Council Members Brancatelli, by law. at some point in their lives; and Kelley and Cummins. Adopted November 25, 2013. Whereas, in a nationally repre- An emergency resolution opposing Effective November 26, 2013. sentative survey conducted by the the pending license application to Centers for Disease Control and Pre- allow future operations of the vention, 37.4% of female rape vic- Bradley Road Landfill in the Old tims were first raped between the Brooklyn neighborhood of the City. Res. No. 1621-13. ages of 18 to 24, 29.9% were first Whereas, recently the owner/oper- By Council Member Polensek. raped between the ages of 11 to 17, ators of the Bradley Road Landfill An emergency resolution opposing while 12.3% of female rape victims applied to the City of Cleveland the impending bank branch closing were first raped when they were Department of Health to allow for of the PNC Bank East 185th – Mon- age 10 or younger; and future operations of the landfill; and terey branch located at 609 East Whereas, the experience of rape Whereas, the Landfill has not 185th Street. and sexual assault is so traumatiz- been in use for several years, how- Whereas, recently, PNC Bank noti- ing to the female victims that many ever, it has never been properly fied customers by letter that it of them often fail to come forward capped and closed; and intends to close the E. 185th – Mon- to file charges of the assault Whereas, the Landfill is in viola- terey branch located at 609 East against the perpetrators, allowing tion of many of Ohio’s environmen- 185th Street, on the Euclid-Cleveland the perpetrators free to commit more tal laws and regulations, including border and in the middle of the East acts of physical violence against exposed waste, ponding and erosion, 185th Street business district; and women; and leachate seeps, leachate discharges Whereas, the E. 185th – Monterey Whereas, new technologies such to surface water bodies, and failing branch has always been frequently as rape kits and DNA matching pro- slopes; and used and highly supported by the vide scientific evidence that can be Whereas, the current estimated residents of both Cleveland and used by law enforcement agencies cost to cap and close the landfill is Euclid and businesses in the East to identify the perpetrators of these $1,000,000; this cost will increase if 185th Street business district; and crimes and bring them to justice, there is not action to bring the Whereas, closing the E. 185th – and encourages more female victims Landfill into compliance with Ohio Monterey branch will mean that this to come forward to seek justice; and laws; and thriving business district and the Whereas, many of these rape kits Whereas, without repair and prop- surrounding community will have can be used to provide evidence to er capping and closure of the Land- no close, convenient or easy way to cold rape cases that occurred many fill, conditions will continue to dete- do banking at a PNC bank; and years ago, identifying serial preda- riorate, increasing human health Whereas, the East 185th Street tors and bringing them to justice; and safety concerns in an already business district has other bank and dismal health and safety situation; branches in the district that will Whereas, under current state law, and benefit when customers have no a prosecution for the offense of rape Whereas, future operation of the choice by to take their money out of or sexual battery is barred unless it Landfill would in actuality be oper- PNC and move it to another more is commenced within 20 years after ation of a new facility, which is not convenient location in the East the offense was committed; and permitted under the City’s Zoning 185th Street business district; and Whereas, this limitation on prose- Code; and Whereas, this resolution consti- cution for the offenses of rape or Whereas, a new facility is not per- tutes an emergency measure provid- sexual battery hinders the overall mitted under Ohio law because the ing for the usual daily operation of effectiveness of bringing sexual Landfill’s license was revoked in a municipal department; now, there- predators to justice and fails to 2003 as the facility was in substan- fore, keep communities safe from such tial non-compliance with Ohio laws; Be it resolved by the Council of predators; and nothing has been done to correct the City of Cleveland: Whereas, Senate Bill 83 provides these violations, despite a consent Section 1. That this Council opposes that there is no period of limitation decree seven years ago calling for the impending bank branch closing of for the prosecution of an offense of all violations to be corrected; the PNC Bank East 185th – Monterey rape or sexual battery, thus increas- instead, the facility has been branch located at 609 East 185th ing the opportunity to identify past allowed to languish with no waste Street. sexual predators and bring them to having been dumped there for years, Section 2. That the Clerk of the justice, and by removing the 20 year the site rendered unusable with its Council is directed to transmit copies limitation by which a woman had to buildings torn down; and of this resolution to Paul Clark, PNC bring charges, women will have Whereas, in order to preserve the Regional President and to Drew R. time to become less traumatized and health, safety and welfare of the cit- Martin, Northern Ohio Marketing more likely to bring charges when izens of this neigh- Manager, PNC Financial Services. mentally able to do so; and borhood who have been living with Section 3. That this resolution is Whereas, this resolution consti- this abysmally maintained Landfill hereby declared to be an emergency tutes an emergency measure provid- for years, the City Health Depart- measure and, provided it receives the ing for the usual daily operation of ment must not issue a license to affirmative vote of two-thirds of all a municipal department; now, there- allow for future operations of the the members elected to Council, it fore, Bradley Road Landfill; and shall take effect and be in force imme- Be it resolved by the Council of Whereas, this resolution consti- diately upon its adoption and the City of Cleveland: tutes an emergency measure provid- approval by the Mayor; otherwise, it Section 1. That this Council urges ing for the usual daily operation of shall take effect and be in force from the Ohio Senate to support Senate Bill a municipal department; now, there- and after the earliest period allowed 83 that provides that there is no peri- fore, by law. od of limitation for the prosecution of Be it resolved by the Council of Adopted November 25, 2013. an offense of rape and sexual battery. the City of Cleveland: Effective November 26, 2013. Section 2. That the Clerk of the Section 1. That this Council hereby Council is directed to transmit copies opposes the pending license applica- of this resolution to all members of tion to allow future operations of the the Ohio Senate. Bradley Road Landfill in the Old Res. No. 1622-13. Section 3. That this resolution is Brooklyn neighborhood of the City. By Council Member Miller. hereby declared to be an emergency Section 2. That the Clerk of Council An emergency resolution object- measure and, provided it receives the is hereby directed to transmit copies ing to the transfer of ownership of affirmative vote of two-thirds of all of this resolution to the Chief of the a C2 and C2X Liquor Permit to 17801 the members elected to Council, it Ohio Department of Natural Euclid Avenue, 1st floor only. 1959 14 The City Record December 4, 2013

Whereas, Council has been notified Res. No. 1623-13. shall take effect and be in force imme- by the Division of Liquor Control of By Council Member Brancatelli. diately upon its adoption and an application for the transfer of own- An emergency resolution object- approval by the Mayor; otherwise, it ership of a C2 and C2X Liquor Permit ing to the transfer of ownership of shall take effect and be in force from from Euclid 178, Inc., DBA Lotus Mini a D2, D2X and D3 Liquor Permit to and after the earliest period allowed Mart, 17801 Euclid Avenue, 1st floor 7702 Spafford Road. by law. only, Cleveland, Ohio 44112, Perma- Whereas, Council has been notified Adopted November 25, 2013. nent Number 2566678 to Lotuss Foods, by the Division of Liquor Control of Effective November 26, 2013. Inc., DBA Lotus Mini Mart, 17801 an application for the transfer of own- Euclid Avenue, 1st floor only, Cleve- ership of a D2, D2X and D3 Liquor land, Ohio 44112, Permanent Number Permit from Kaplan Tavern, Inc., 5304557; and DBA Wooden Nickel, 6602 Spafford Res. No. 1624-13. Whereas, the granting of this appli- Road, 1st floor and basement, Cleve- By Council Member Polensek. cation for a liquor permit to this high land, Ohio 44105, Permanent Number An emergency resolution object- crime area, which is already saturat- 4471308 to Tasha R. Townsend, 7702 ing to the transfer of ownership of ed with other liquor outlets, is con- Spafford Road, Cleveland, Ohio a D5 and D6 Liquor Permit to 770 trary to the best interests of the entire 444105, Permanent Number 9016556; East 185th Street. community; and and Whereas, Council has been notified Whereas, the applicant does not Whereas, the granting of this appli- by the Division of Liquor Control of qualify to be a permit holder and/or cation for a liquor permit to this high has demonstrated that he has operat- an application for the transfer of own- crime area, which is already saturat- ed his liquor business in disregard of ership of a D5 and D6 Liquor Permit the laws, regulations or local ordi- ed with other liquor outlets, is con- from 4424, LLC, 770 East 185th Street, nances of this state or any other state; trary to the best interests of the entire Cleveland, Ohio 44119, Permanent and community; and Number 28308080010 to Uptown Ultra Whereas, the place for which the Whereas, the applicant does not Lounge, LLC, 770 East 185th Street, permit is sought has not conformed to qualify to be a permit holder and/or Cleveland, Ohio 44119, Permanent the building, safety or health require- has demonstrated that he has operat- Number 9170570; and ments of the governing body of this ed his liquor business in disregard of Whereas, the granting of this appli- County or City; and the laws, regulations or local ordi- cation for a liquor permit to this high Whereas, the place for which the nances of this state or any other state; crime area, which is already saturat- permit is sought is so arranged or con- and ed with other liquor outlets, is con- structed that law enforcement offi- Whereas, the place for which the trary to the best interests of the entire cers or agents of the Division of permit is sought has not conformed to community; and Liquor Control are prevented reason- the building, safety or health require- Whereas, the applicant does not able access to the establishment; and ments of the governing body of this qualify to be a permit holder and/or Whereas, the place for which the County or City; and has demonstrated that he has operat- permit is sought is so located with Whereas, the place for which the ed his liquor business in disregard of respect to the neighborhood that it permit is sought is so arranged or con- the laws, regulations or local ordi- substantially interferes with public structed that law enforcement offi- nances of this state or any other state; decency, sobriety, peace or good cers or agents of the Division of and order; and Liquor Control are prevented reason- Whereas, the place for which the Whereas, this objection is based on able access to the establishment; and permit is sought has not conformed to other legal grounds as set forth in Whereas, the place for which the Revised Code Section 4303.292; and the building, safety or health require- Whereas, this resolution consti- permit is sought is so located with ments of the governing body of this tutes an emergency measure provid- respect to the neighborhood that it County or City; and ing for the immediate preservation of substantially interferes with public Whereas, the place for which the the public peace, prosperity, safety decency, sobriety, peace or good permit is sought is so arranged or con- and welfare pursuant to Section order; and structed that law enforcement offi- 4303.26 of the Ohio Revised Code. Whereas, this objection is based on cers or agents of the Division of Council’s objection to said permit other legal grounds as set forth in Liquor Control are prevented reason- must be received by the Superinten- Revised Code Section 4303.292; and able access to the establishment; and dent of Liquor Control within 30 days Whereas, this resolution consti- Whereas, the place for which the of notification; now, therefore, tutes an emergency measure provid- permit is sought is so located with Be it resolved by the Council of ing for the immediate preservation of respect to the neighborhood that it the City of Cleveland: the public peace, prosperity, safety substantially interferes with public Section 1. That Council does hereby and welfare pursuant to Section decency, sobriety, peace or good record its objection to the transfer of 4303.26 of the Ohio Revised Code. order; and ownership of a C2 and C2X Liquor Council’s objection to said permit Whereas, this objection is based on Permit from Euclid 178, Inc., DBA must be received by the Superinten- other legal grounds as set forth in Lotus Mini Mart, 17801 Euclid dent of Liquor Control within 30 days Revised Code Section 4303.292; and Avenue, 1st floor only, Cleveland, of notification; now, therefore, Whereas, this resolution consti- Ohio 44112, Permanent Number Be it resolved by the Council of tutes an emergency measure provid- 2566678 to Lotuss Foods, Inc., DBA the City of Cleveland: ing for the immediate preservation of Lotus Mini Mart, 17801 Euclid Section 1. That Council does hereby the public peace, prosperity, safety Avenue, 1st floor only, Cleveland, record its objection to the transfer of and welfare pursuant to Section Ohio 44112, Permanent Number ownership of a D2, D2X and D3 Liquor 4303.26 of the Ohio Revised Code. 5304557; and requests the Superinten- Permit from Kaplan Tavern, Inc., Council’s objection to said permit dent of Liquor Control to set a hearing DBA Wooden Nickel, 6602 Spafford must be received by the Superinten- for said application in accordance Road, 1st floor and basement, Cleve- dent of Liquor Control within 30 days with provisions of Section 4303.26 of land, Ohio 44105, Permanent Number of notification; now, therefore, the Revised Code of Ohio. 4471308 to Tasha R. Townsend, 7702 Be it resolved by the Council of Section 2. That the Clerk of Council Spafford Road, Cleveland, Ohio the City of Cleveland: be and she is hereby directed to trans- 444105, Permanent Number 9016556; Section 1. That Council does hereby mit two certified copies of this resolu- and requests the Superintendent of tion, together with two copies of a let- record its objection to the transfer of ter of objection and two copies of a Liquor Control to set a hearing for ownership of a D5 and D6 Liquor Per- letter requesting that the hearing be said application in accordance with mit from 4424, LLC, 770 East 185th held in Cleveland, Cuyahoga County. provisions of Section 4303.26 of the Street, Cleveland, Ohio 44119, Perma- Section 3. That this resolution is Revised Code of Ohio. nent Number 28308080010 to Uptown hereby declared to be an emergency Section 2. That the Clerk of Council Ultra Lounge, LLC, 770 East 185th measure and, provided it receives the be and she is hereby directed to trans- Street, Cleveland, Ohio 44119, Perma- affirmative vote of two-thirds of all mit two certified copies of this resolu- nent Number 9170570; and requests the members elected to Council, it tion, together with two copies of a let- the Director of Liquor Control to set a shall take effect and be in force imme- ter of objection and two copies of a hearing for said application in accor- diately upon its adoption and letter requesting that the hearing be dance with provisions of Section approval by the Mayor; otherwise, it held in Cleveland, Cuyahoga County. 4303.26 of the Revised Code of Ohio. shall take effect and be in force from Section 3. That this resolution is Section 2. That the Clerk of Council and after the earliest period allowed hereby declared to be an emergency be and she is hereby directed to trans- by law. measure and, provided it receives the mit two certified copies of this resolu- Adopted November 25, 2013. affirmative vote of two-thirds of all tion, together with two copies of a let- Effective November 26, 2013. the members elected to Council, it ter of objection and two copies of a 1960 December 4, 2013 The City Record 15 letter requesting that the hearing be Description approved by Greg a parcel of land bounded and held in Cleveland, Cuyahoga County. Esber, Section Chief Plats, Surveys described as follows: Section 3. That this resolution is and House Number Section Division Beginning on the Easterly line of hereby declared to be an emergency of Engineering & Construction East 105th Street (formerly Doan measure and, provided it receives the which in its entirety is a property hav- Street) (66 feet wide) at its intersec- affirmative vote of two-thirds of all ing special character or special his- tion with the Northerly line of Helena the members elected to Council, it torical or aesthetic value as part of Avenue (formerly Helena Street) (50 shall take effect and be in force imme- the development, heritage, or cultural feet wide); thence Northerly along the diately upon its adoption and characteristics of the City, State, or Easterly line of East 105th Street, 60 approval by the Mayor; otherwise, it the United States, is designated a feet to a point; thence Easterly and shall take effect and be in force from landmark under Chapter 161 of the parallel to the Northerly line of Hele- and after the earliest period allowed Codified Ordinances of Cleveland, na Avenue, 144 feet to the Westerly by law. Ohio, 1976. line of Sublot No. 335; thence Norther- Adopted November 25, 2013. Section 2. That this ordinance is ly along the Westerly line of Sublot Effective November 26, 2013. declared to be an emergency measure No. 335, about 62.08 feet to the most and, provided it receives the affirma- Northerly corner of Sublot No. 335; tive vote of two-thirds of all the mem- thence Southeasterly along the North- bers elected to Council, it shall take easterly line of Sublot No. 335, 36.64 Ord. No. 1077-13. effect and be in force immediately feet to the Northeasterly corner there- By Council Member J. Johnson. upon its passage and approval by the of; thence Southerly along the Easter- An emergency ordinance desig- Mayor; otherwise it shall take effect ly line of Sublot No. 335, 111.14 feet to nating Bethany Baptist Church, for- and be in force from and after the ear- the Northerly line of Helena Avenue; merly Zion Evangelical Church, as liest period allowed by law. thence Westerly along the Northerly a Cleveland Landmark. Passed November 25, 2013. line of Helena Avenue, about 179 feet Whereas, under Chapter 161 of the Effective November 26, 2013. to the Easterly line of East 105th Codified Ordinances of Cleveland, Street, and the place of beginning, as Ohio, 1976, the Cleveland Landmarks appears by said plat, be the same Commission (the “Commission”), has more or less, but subject to all legal proposed to designate Bethany Bap- Ord. No. 1078-13. highways; tist Church, formerly Zion Evangel- By Council Member J. Johnson. Description approved by Greg ical Church, as a landmark; and An emergency ordinance desig- Esber, Section Chief Plats, Surveys Whereas, a public hearing under nating Central Christian Church, and House Number Section Division division (b)(2) of Section 161.04 was formerly known as Glenville Church of Engineering & Construction held on May 9, 2013 to discuss the of Christ Disciple, as a Cleveland which in its entirety is a property hav- proposed designation of Bethany Landmark. ing special character or special his- Baptist Church, formerly Zion Evan- Whereas, under Chapter 161 of the torical or aesthetic value as part of gelical Church, as a landmark; and Codified Ordinances of Cleveland, the development, heritage, or cultural Whereas, the Commission has rec- Ohio, 1976, the Cleveland Landmarks characteristics of the City, State, or ommended designation of Bethany Commission (the “Commission”), has the United States, is designated a Baptist Church, formerly Zion Evan- proposed to designate Central Chris- landmark under Chapter 161 of the gelical Church, as a landmark and tian Church, formerly known as Codified Ordinances of Cleveland, has set forth certain findings of fact Glenville Church of Christ Disciple, Ohio, 1976. constituting the basis for its deci- as a landmark; and Section 2. That this ordinance is sion; and Whereas, a public hearing under declared to be an emergency measure Whereas, this ordinance consti- division (b)(2) of Section 161.04 was and, provided it receives the affirma- tutes an emergency measure provid- held on May 9, 2013 to discuss the tive vote of two-thirds of all the mem- ing for the immediate preservation proposed designation of Central bers elected to Council, it shall take of the public peace, property, health, Christian Church, formerly known effect and be in force immediately and safety in that the immediate as Glenville Church of Christ Disci- upon its passage and approval by the protection of the historic landmark ple, as a landmark; and Mayor; otherwise it shall take effect is necessary to safeguard the spe- Whereas, the Commission has rec- and be in force from and after the ear- cial historical, community, or aes- ommended designation of Central liest period allowed by law. thetic interest or value in the land- Christian Church, formerly known Passed November 25, 2013. mark; now, therefore as Glenville Church of Christ Disci- Effective November 26, 2013. Be it ordained by the Council of ple, as a landmark and has set forth the City of Cleveland: certain findings of fact constituting Section 1. That Bethany Baptist the basis for its decision; and Church, formerly Zion Evangelical Whereas, this ordinance consti- Ord. No. 1079-13. Church, whose street address in the tutes an emergency measure provid- By Council Member J. Johnson. City of Cleveland is 1207-25 East 105th ing for the immediate preservation An emergency ordinance desig- Street, also known as 10500-12 Hamp- of the public peace, property, health, nating the Otto Narveleit Building den Avenue, N. E., and 10501 Olivet and safety in that the immediate as a Cleveland Landmark. Avenue, N. E., Cuyahoga County Audi- protection of the historic landmark Whereas, under Chapter 161 of the tor’s Permanent Parcel Numbers are is necessary to safeguard the spe- Codified Ordinances of Cleveland, 109-18-001, 109-18-002, 109-18-003, 109-18- cial historical, community, or aes- Ohio, 1976, the Cleveland Landmarks 004, and 109-18-005 and is also known thetic interest or value in the land- Commission (the “Commission”), has as the following described property: mark; now, therefore proposed to designate the Otto Situated in the City of Cleveland, Be it ordained by the Council of Narveleit Building as a landmark; County of Cuyahoga, and State of the City of Cleveland: and Ohio, and known as being Sublot Nos. Section 1. That Central Christian Whereas, the owner of the Otto 48, 49, 50, 134, 135, and 136 in Morison Church, formerly known as Glenville Narveleit Building has been proper- and Glenns Boulevard Park Allot- Church of Christ Disciple, whose ly notified and has consented in ment of part of Original 100 Acre Lot street address in the City of Cleveland writing to the proposed designation; No. 378, as shown by the recorded plat is 697 East 105th Street, also known as and in Volume 19 of Maps, Page 26 of 10501-15 Helena Avenue, N. E., Cuya- Whereas, the Commission has rec- Cuyahoga County Records, and hoga County Auditor’s Permanent ommended designation of the Otto together forming a parcel of land hav- Parcel Number is 108-25-058 and is Narveleit Building as a landmark ing a frontage of 209.54 feet on the also known as the following and has set forth certain findings of Easterly side of East 105th Street described property: fact constituting the basis for its (formerly Doan Street), and extend- Situated in the City of Cleveland, decision; and ing back 129.77 feet deep on the County of Cuyahoga, and State of Whereas, this ordinance consti- Northerly line, which is also the Ohio, and known as being all of tutes an emergency measure provid- Southerly side of Hampden Avenue, Sublot No. 335, all of Sublot No. 336, ing for the immediate preservation N. E., (formerly Mansion Street), 130 and the Southerly 20 feet from front to of the public peace, property, health, feet on the Southerly line, which is rear of Sublot No. 337 in the Cleveland and safety in that the immediate also the Northerly side of Olivet Realty Company Subdivision of a part protection of the historic landmark Avenue, N. E., and having a rear line of Original 100 Acre Lots 370 and 362, is necessary to safeguard the spe- of 207.43 feet, as appears by said plat, as shown by the recorded plat in Vol- cial historical, community, or aes- be the same more or less, but subject ume 24 of Maps, Page 17 of Cuyahoga thetic interest or value in the land- to all legal highways; County Records and together forming mark; now, therefore 1961 16 The City Record December 4, 2013

Be it ordained by the Council of and safety in that the immediate Mayor; otherwise it shall take effect the City of Cleveland: protection of the historic landmark and be in force from and after the ear- Section 1. That the Otto Narveleit is necessary to safeguard the spe- liest period allowed by law. Building, whose street address in the cial historical, community, or aes- Passed November 25, 2013. City of Cleveland is 10123-25 St. Clair thetic interest or value in the land- Effective November 26, 2013. Avenue, N. E., Cuyahoga County Audi- mark; now, therefore tor’s Permanent Parcel Number is 108- Be it ordained by the Council of 09-036, and is also known as the fol- the City of Cleveland: lowing described property: Section 1. That the May Company Ord. No. 1225-13. Situated in the City of Cleveland, Warehouse and Delivery Station By Council Member J. Johnson. County of Cuyahoga, and State of (also known as the Buschman Corpo- An emergency ordinance desig- Ohio and known as being the South- ration Building), whose street nating the Jacob Vidmar Building easterly 95 feet of Sublot No. 2 in W. address in the City of Cleveland is as a Cleveland Landmark. H. Van Tine, Jr. Trustee’s Allotment 4100-40 Payne Avenue, Cuyahoga Whereas, under Chapter 161 of the of part of Original 100 Acre Lot Nos. County Auditor’s Permanent Parcel Codified Ordinances of Cleveland, 361 and 369, as shown by the recorded Number is 104-32-015 and is also Ohio, 1976, the Cleveland Landmarks plat in Volume 17 of Maps, Page 29 of known as the following described Commission (the “Commission”), has Cuyahoga County Records, and being property: proposed to designate the Jacob Vid- 40 feet front on the Northwesterly Situated in the City of Cleveland, mar Building as a landmark; and side of St. Clair Avenue, and extend- County of Cuyahoga and State of Ohio Whereas, a public hearing under ing back of equal width 95 feet, as and known as being part of Original division (b)(2) of Section 161.04 was appears by said plat, be the same Ten Acre Lot No. 96, and bounded and held on May 9, 2013 to discuss the more or less, but subject to all legal described as follows: proposed designation of the Jacob highways; Beginning on the Southerly line of Vidmar Building as a landmark; and Description approved by Greg Payne Avenue, N. E., at its point of Whereas, the Commission has rec- Esber, Section Chief Plats, Surveys intersection with the Westerly line of ommended designation of the Jacob and House Number Section Division East 43rd Street (formerly McHenry Vidmar Building as a landmark and of Engineering & Construction Street); thence Westerly along said has set forth certain findings of fact which in its entirety is a property hav- Southerly line of Payne Avenue, N. E., constituting the basis for its deci- ing special character or special his- 277 and 30/100 feet to the Easterly sion; and torical or aesthetic value as part of line of East 41st Street (formerly Whereas, this ordinance consti- the development, heritage, or cultural Lyman Street); thence Southerly tutes an emergency measure provid- characteristics of the City, State, or along said Easterly line of East 41st ing for the immediate preservation the United States, is designated a Street, 717 and 72/100 feet to the of the public peace, property, health, landmark under Chapter 161 of the Northeasterly right of way line of the and safety in that the immediate Codified Ordinances of Cleveland, Cleveland and Pittsburgh Railroad protection of the historic landmark Ohio, 1976. (60 feet wide); thence South 47 is necessary to safeguard the spe- Section 2. That this ordinance is degrees 36’ 40” East along said North- cial historical, community, or aes- declared to be an emergency measure easterly right of way line, 55 and thetic interest or value in the land- and, provided it receives the affirma- 24/100 feet; thence North 34 degrees mark; now, therefore tive vote of two-thirds of all the mem- 35’ 40” East 4 and 24/100 feet; thence Be it ordained by the Council of bers elected to Council, it shall take Northwesterly on a curved line the City of Cleveland: effect and be in force immediately deflecting to the right, said curved Section 1. That the Jacob Vidmar upon its passage and approval by the line having a radius of 185 and 58/100 Building, whose street address in the Mayor; otherwise it shall take effect feet a central angle of 17 degrees 31’ City of Cleveland is 3830 St. Clair and be in force from and after the ear- 24” and a chord of 56 and 57/100 feet, Avenue, N. E., Cuyahoga County Audi- tor’s liest period allowed by law. which bears North 28 degrees 25’ 59” Permanent Parcel Number is 102- 20-006 and is also known as the fol- Passed November 25, 2013. West, a distance of 56 and 79/100 feet lowing described property: Effective November 26, 2013. to the Northwesterly corner of land Situated in the City of Cleveland, conveyed to the City Ice and Delivery County of Cuyahoga, and State of Company by deed dated March 19, Ohio and known as being the Wester- 1913 and recorded in Volume 1460, ly half of Sublot No. 1 in James K. Ord. No. 1214-13. Page 321 of Cuyahoga County Hitchcock’s Allotment of part of Orig- By Council Member J. Johnson. Records; thence Easterly along the inal Ten Acre Lots Nos. 120 and 121 as An emergency ordinance desig- Northerly line of land so conveyed to shown by the recorded plat in Volume nating the May Company Ware- the City Ice and Delivery Company 1 of Maps, Page 27 of Cuyahoga Coun- house and Delivery Station (also and along the Northerly line of land ty Records, and being 27 feet and 9 known as the Buschman Corporation conveyed to the Columbia Ice Compa- inches front on the Southeasterly side Building) as a Cleveland Landmark. ny by deed dated May 6, 1901, and of St. Clair Street (now St. Clair Whereas, under Chapter 161 of the recorded in Volume 785, Page 161 of Avenue), and extending back of Codified Ordinances of Cleveland, Cuyahoga County Records, 253 and equal width 165 feet deep, as appears Ohio, 1976, the Cleveland Landmarks 60/100 feet to said Westerly line of by said plat, be the same more or less, Commission (the “Commission”), has East 43rd Street; thence Northerly but subject to all legal highways; proposed to designate the May Com- along said Westerly line of East 43rd Description approved by Greg pany Warehouse and Delivery Sta- Street, 762 and 58/100 feet to the place Esber, Section Chief Plats, Surveys tion (also known as the Buschman of beginning, be the same more or and House Number Section Division Corporation Building) as a land- less, but subject to all legal high- of Engineering & Construction mark; and ways; which in its entirety is a property hav- Whereas, a public hearing under Description approved by Greg ing special character or special his- division (b)(2) of Section 161.04 was Esber, Section Chief Plats, Surveys torical or aesthetic value as part of held on May 9, 2013 to discuss the and House Number Section Division the development, heritage, or cultural proposed designation of the May of Engineering & Construction characteristics of the City, State, or Company Warehouse and Delivery which in its entirety is a property hav- the United States, is designated a Station (also known as the ing special character or special his- landmark under Chapter 161 of the Buschman Corporation Building) as torical or aesthetic value as part of Codified Ordinances of Cleveland, a landmark; and the development, heritage, or cultural Ohio, 1976. Whereas, the Commission has rec- characteristics of the City, State, or Section 2. That this ordinance is ommended designation of the May the United States, is designated a declared to be an emergency measure Company Warehouse and Delivery landmark under Chapter 161 of the and, provided it receives the affirma- Station (also known as the Codified Ordinances of Cleveland, tive vote of two-thirds of all the mem- Buschman Corporation Building) as Ohio, 1976. bers elected to Council, it shall take a landmark and has set forth cer- Section 2. That this ordinance is effect and be in force immediately tain findings of fact constituting the declared to be an emergency measure upon its passage and approval by the basis for its decision; and and, provided it receives the affirma- Mayor; otherwise it shall take effect Whereas, this ordinance consti- tive vote of two-thirds of all the mem- and be in force from and after the ear- tutes an emergency measure provid- bers elected to Council, it shall take liest period allowed by law. ing for the immediate preservation effect and be in force immediately Passed November 25, 2013. of the public peace, property, health, upon its passage and approval by the Effective November 26, 2013. 1962 December 4, 2013 The City Record 17

Ord. No. 1226-13. Ord. No. 1231-13. trol or Director of Law, which shall By Council Member J. Johnson. By Council Members Miller, Cleve- protect the parties as their respective An emergency ordinance desig- land and Kelley (by departmental interests require and shall specifical- nating the Vogt Building as a Cleve- request). ly contain a provision against the land Landmark. An emergency ordinance authoriz- erection of any advertising signs or Whereas, under Chapter 161 of the ing the Commissioner of Purchases billboards except permitted identifi- Codified Ordinances of Cleveland, and Supplies to sell City-owned prop- cation signs. Ohio, 1976, the Cleveland Landmarks erty no longer needed for the City’s Section 4. That this ordinance is Commission (the “Commission”), has use located on Grand Avenue, east declared to be an emergency measure proposed to designate the Vogt of East 79th Street, to C.A.J. Prop- and, provided it receives the affirma- Building as a landmark; and erties, LLC, or its designee, for pur- tive vote of two-thirds of all the mem- Whereas, a public hearing under poses of redevelopment. bers elected to Council, it shall take division (b)(2) of Section 161.04 was Whereas, the Director of Capital effect and be in force immediately held on April 25, 2013 to discuss the Projects has requested the sale of upon its passage and approval by the proposed designation of the Vogt the City-owned property to C.A.J. Mayor; otherwise it shall take effect Building as a landmark; and Properties, LLC, or its designee (the and be in force from and after the ear- Whereas, the Commission has rec- “Redeveloper”) no longer needed for liest period allowed by law. ommended designation of the Vogt the City’s use and located on Grand Passed November 25, 2013. Building as a landmark and has set Avenue, east of East 79th Street and Effective November 26, 2013. forth certain findings of fact con- known as Permanent Parcel No. 126- stituting the basis for its decision; 27-132 for purposes of redevelop- and ment; and Whereas, this ordinance consti- Whereas, this ordinance consti- Ord. No. 1302-13. tutes an emergency measure provid- tutes an emergency measure provid- By Council Members Pruitt, Cleve- ing for the immediate preservation ing for the usual daily operation of land and Kelley (by departmental of the public peace, property, health, a municipal department; now, there- request). and safety in that the immediate fore, An emergency ordinance authoriz- ing the Director of Public Utilities protection of the historic landmark Be it ordained by the Council of to enter into an agreement to lease is necessary to safeguard the spe- the City of Cleveland: to Case Western Reserve University cial historical, community, or aes- Section 1. That notwithstanding and as an exception to the provisions property located on the Kirtland thetic interest or value in the land- of Chapter 181 and 183 of the Codified Intake Crib for the purpose of con- mark; now, therefore Ordinances of Cleveland, Ohio, 1976, it ducting wind and environmental Be it ordained by the Council of is found and determined that the fol- studies and maintaining the wind the City of Cleveland: lowing described property is no monitoring data and equipment for Section 1. That the Vogt Building, longer needed for public use: a period of two years. whose street address in the City of Whereas, this ordinance consti- Cleveland is 3303-07 Superior Avenue, PPN 126-27-132 tutes an emergency measure provid- N. E., Cuyahoga County Auditor’s Per- Situated in the City of Cleveland, ing for the usual daily operation of manent Parcel Number is 102-19-053 County of Cuyahoga and State of Ohio a municipal department; now, there- and is also known as the following and known as being part of Sublot No. fore, described property: 108 in Yeakel & Hoffman’s Allotment Be it ordained by the Council of Situated in the City of Cleveland, of part of Newburgh Township Lot the City of Cleveland: County of Cuyahoga, and State of No. 423, recorded in Volume 6, Page 12 Section 1. That notwithstanding Ohio and known as being part of the of Cuyahoga County Map Records, and as an exception to the provisions Original Ten Acre Lot No. 116, and and bounded and described as fol- of Chapters 181 and 183 of the Codi- bounded and described as follows: lows: fied Ordinances of Cleveland, Ohio, Beginning on the Northerly line of Beginning on the southerly line of 1976, the Director of Public Utilities is Superior Avenue, N. E., (132 feet Grand Avenue S.E. at a point 12.5 feet authorized to enter into an agreement wide) at a point distant Easterly mea- easterly measured along said souther- to lease to Case Western Reserve Uni- sured along said Northerly line 38.20 ly line from its intersection with the versity property located on the Kirt- feet from its intersection with the westerly line of said Sublot No. 108; land Intake Crib for the purpose of Easterly line of East 33rd Street (50 thence southerly and parallel with conducting wind and environmental feet wide); thence Westerly along the said westerly line 134.00 feet to the studies and maintaining the wind Northerly line of Superior Avenue, N. northerly line of Grand Court S.E.; monitoring data and equipment for a E., 38.20 feet to the Easterly line of thence easterly along said northerly period of two years. East 33rd Street; thence Northerly line 27.5 feet to the easterly line of Section 2. That the property along said Easterly line, 80 feet; said sublot; thence northerly along described above shall be leased at a thence Easterly parallel to the said easterly line 28.00 feet; thence rental of $1.00 and other valuable con- Northerly line of Superior Avenue, N. northwesterly to a point that is 40.00 siderations for the entire length of the term, which is determined to be E., 43 feet; thence Southerly in a feet northerly from said northerly fair market value. direct line to the place of beginning, line of Grand Court S.E. and 27.5 feet Section 3. That the lease may autho- be the same more or less, but subject easterly by rectangular measurement rize Case Western Reserve University to all legal highways; from the westerly line of said sublot; thence northerly and parallel with to make improvements to the leased Description approved by Greg premises subject to the approval of Esber, Section Chief Plats, Surveys said westerly line about 94.00 feet to said southerly line of Grand Avenue appropriate City agencies and offi- and House Number Section Division S.E.; thence westerly along said cials. of Engineering & Construction southerly line 15.00 feet to the place of Section 4. That the lease shall be which in its entirety is a property hav- beginning. prepared by the Director of Law. ing special character or special his- Section 2. That by and at the direc- Section 5. That the Director of Pub- torical or aesthetic value as part of tion of the Board of Control, the Com- lic Utilities, the Director of Law, and the development, heritage, or cultural missioner of Purchases and Supplies other appropriate City officials are characteristics of the City, State, or is authorized to sell the above- authorized to execute any other docu- the United States, is designated a described property to the Redeveloper ments and certificates, and take any landmark under Chapter 161 of the at a price not less than fair market other actions which may be necessary Codified Ordinances of Cleveland, value as determined by the Board of or appropriate to effect the lease Ohio, 1976. Control, taking into account all authorized by this ordinance. Section 2. That this ordinance is restrictions, reversionary interests Section 6. That this ordinance is declared to be an emergency measure and similar encumbrances as may be declared to be an emergency measure and, provided it receives the affirma- placed by the City of Cleveland in the and, provided it receives the affirma- tive vote of two-thirds of all the mem- deed of conveyance. tive vote of two-thirds of all the mem- bers elected to Council, it shall take Section 3. That the conveyance bers elected to Council, it shall take effect and be in force immediately shall be made by official deed pre- effect and be in force immediately upon its passage and approval by the pared by the Director of Law and exe- upon its passage and approval by the Mayor; otherwise it shall take effect cuted by the Mayor on behalf of the Mayor; otherwise it shall take effect and be in force from and after the ear- City of Cleveland. The deed shall con- and be in force from and after the ear- liest period allowed by law. tain necessary provisions, including liest period allowed by law. Passed November 25, 2013. restrictive reversionary interests as Passed November 25, 2013. Effective November 26, 2013. may be specified by the Board of Con- Effective November 26, 2013 1963 18 The City Record December 4, 2013

Ord. No. 1332-13. By Council Members Brady and Westbrook. An ordinance establishing a Pedestrian Retail Overlay District on the north and south sides of Madison Avenue between Berea Road and W. 85th Street (Map Change No. 2446). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on the north and south sides of Madison Avenue between Berea Road and W. 85th Street as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay. Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2446, 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 Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed November 25, 2013. Effective December 25, 2013.

Ord. No. 1379-13. By Council Member Dow. An ordinance changing the Use and Area Districts of land located on the west side of E. 62nd Street south of Grdina Drive to Residence Industry and a ‘B’ Area District (Map Change No. 2456). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning in the centerline of Saint Clair Avenue at its intersection with the centerline of E. 62nd Street; Thence northwesterly along said centerline of E. 62nd Street to and along its northerly prolongation to its intersection with the northeasterly prolongation of the centerline of Grdina Drive; Thence southwesterly along said prolongation and said centerline of Grdina Drive to its intersection with the south- westerly line of the Foreman, Bates & Stone Subdivision shown on the recorded plat in Volume 8, Page 26 of Cuyahoga County Map Records; Thence southeasterly along said southwesterly line to its intersection with the southwesterly prolongation of the northerly line of Sublot No. 140 in the aforementioned Foreman, Bates & Stone Subdivision; Thence northeasterly along said southwesterly prolongation of said northerly line and along its northeasterly pro- longation to its intersection with the centerline of E. 62nd Street; Thence southeasterly along said centerline of E. 62nd Street to its intersection with the centerline of Saint Clair Avenue and the principal place of beginning; and as shown shaded on the attached map is changed to a Residence Industry District, and a ‘B’ Area District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2456 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 Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1964 December 4, 2013 The City Record 19

Passed November 25, 2013. Effective December 25, 2013.

Ord. No. 1383-13. Whereas, this ordinance consti- ments necessary to receive the funds By Council Members Miller, Cleve- tutes an emergency measure provid- under the grant; and that the funds land and Kelley (by departmental ing for the usual daily operation of are appropriated for the purposes request). a municipal department; now, there- described in this ordinance. An emergency ordinance authoriz- fore, Section 3. That, provided the City ing the Mayor to apply to the Dis- Be it ordained by the Council of sells future bonds authorized for the trict One Public Works Integrating the City of Cleveland: purposes of this ordinance, the City of Committee for state funding for the Section 1. That the Mayor is autho- Cleveland is obligated to provide cash rehabilitation of US Route 42, Scran- rized to apply to the District One Pub- matching funds in the amount of the ton/Carter, and Warner Road; to lic Works Integrating Committee for local share. accept grants from the Ohio Public state funding of the following infra- Section 4. That, provided the City Works Commission for the improve- structure capital improvements: sells future bonds authorized for the ments; authorizing the Director of 1. U.S. Route 42 (Pearl Road) reha- purposes of this ordinance, the Direc- Capital Projects to apply for and bilitation, from Brookpark Road to tor of Capital Projects is authorized accept grants from the Northeast Interstate 71; to employ by contract or contracts one Ohio Areawide Coordinating Agency 2. Scranton/Carter Road rehabilita- or more consultants or one or more and the Federal Highway Adminis- tion, from Fairfield Avenue to Colum- firms of consultants for the purpose tration; authorizing the Director of bus Road; and of supplementing the regularly Capital Projects to enter into con- 3. Warner Road rehabilitation, from employed staff of the several depart- tracts and agreements to design and Grand Division Avenue to Broadway ments of the City of Cleveland in construct the improvements; autho- Avenue. order to provide professional design, rizing the Director to accept cash Section 2. That the Mayor is autho- engineering and construction ser- contributions from public and pri- rized to accept a grant in the approxi- vices necessary for the Improvement. vate entities; authorizing the Direc- mate aggregate amount of The selection of the consultants for tor to enter into a Local Project $10,928,912, from the Ohio Public the services shall be made by the Administration agreement with the Works Commission, acting by and Board of Control on the nomination of Ohio Department of Transportation; through its Director, to finance the the Director of Capital Projects from and authorizing the Commissioner public improvements of rehabilita- a list of qualified consultants avail- of Purchases and Supplies to tion of US Route 42, Scranton/Carter, able for employment as may be deter- acquire for right-of-way purposes and Warner Road (the “Improve- mined after a full and complete can- real property necessary to make the ment”); that the Mayor is authorized vass by the Director of Capital Pro- public improvement. to file all papers and execute all docu- jects for the purpose of compiling a 1965 20 The City Record December 4, 2013 list. The compensation to be paid for that the funds are appropriated for dation Plat of Superior Terrace of the services shall be fixed by the the purposes described in this ordi- part or original 100 acre lot number Board of Control. The contract or con- nance. 384 as shown by the recorded plat in tracts shall be prepared by the Direc- Section 13. That the Director of volume 233 of maps, page 17 of Cuya- tor of Law, approved by the Director Capital Projects is authorized to hoga County records further of Capital Projects and certified by apply to NOACA to pursue economic described as follows: the Director of Finance. assistance, on behalf of the City of Being a 5 foot strip extending east- Section 5. That, under Section 167 of Cleveland, for the Improvement. erly along the north right-of-way of the Charter of the City of Cleveland, Section 14. That the Director of Superior Avenue N.E. (80.00 feet this Council determines to make the Capital Projects is authorized to wide) approximately 245 feet from public improvement as described in accept the funds from NOACA for the the intersection of the north right of this ordinance, for the Office of Capi- Improvement, and those funds are way of Superior Avenue N.E. (80.00 tal Projects, by one or more contracts appropriated for the purposes stated feet wide) and the east right-of-way duly let to the lowest responsible bid- in this ordinance. of East 89th Street (50.00 feet wide) der or bidders after competitive bid- Section 15. That the cost of the con- and being a 5 foot strip extending ding on a unit basis for the Improve- tracts, payments, property acquisi- northerly along the east right-of-way ment. tion, cash match, and other expendi- of East 89th Street (50.00 feet wide) Section 6. That, provided the City tures authorized shall be paid from approximately 63 feet from the inter- sells future bonds authorized for the the fund or funds to which are credit- section of the north right-of-way of purposes of this ordinance, the Direc- ed any grant proceeds authorized Superior Avenue N.E. (80.00 feet tor of Capital Projects is authorized under this ordinance, the fund or wide) and the east right-of-way of to enter into one or more contracts for funds to which are credited any funds East 89th Street (50.00 feet wide). the making of the public improve- received under the Local Project Legal Description approved by ment with the lowest responsible bid- Administration agreement, the fund Greg Esber, Section Chief, Plats, Sur- der or bidders after competitive bid- or funds to which are credited any veys and House Numbering Section. ding on a unit basis for the Improve- funds secured by NOACA, the fund or Section 2. That Permittee may ment, provided, however, that each funds to which are credited any pro- assign the permit only with the prior separate trade and each distinct com- ceeds from the sale of future bonds written consent of the Director of ponent part of the Improvement may authorized for this purpose, from cash Capital Projects. That the encroach- be treated as a separate improvement, contributions accepted and appropri- ing structure(s) permitted by this and each, or any combination, of the ated under this ordinance, and from ordinance shall conform to plans and trades or components may be the sub- any other funds approved by the specifications first approved by the ject of a separate contract on a unit Director of Finance for this purpose. Manager of Engineering and Con- basis. Section 16. That this ordinance is struction. That Permittee shall obtain Section 7. That the Director of Capi- declared to be an emergency measure all other required permits, including tal Projects is authorized to accept and, provided it receives the affirma- but not limited to Building Permits, cash contributions from public or pri- tive vote of two-thirds of all the mem- before installing the vate entities, NEORSD, and GCRTA bers elected to Council, it shall take encroachment(s). for infrastructure restoration costs effect and be in force immediately Section 3. That the Director of Law associated with relocating, rehabili- upon its passage and approval by the shall prepare the permit authorized tating or reconstructing utility infra- Mayor; otherwise it shall take effect by this ordinance and shall incorpo- structure for the Improvement and and be in force from and after the ear- rate such additional provisions as the costs associated with implementing liest period allowed by law. director determines necessary to pro- green infrastructure features to Passed November 25, 2013. tect and benefit the public interest. address combined sewer overflows. Effective November 26, 2013. The permit shall be issued only when, That the Director of Capital Projects in the opinion of the Director of Law, is authorized to enter into agreements a prospective Permittee has properly with the entities for this purpose. indemnified the City against any loss Section 8. That the Director of Capi- Ord. No. 1409-13. that may result from the encroach- tal Projects is authorized to enter into By Council Members Miller, Cleve- ment(s) permitted. one or more agreements with private land and Kelley (by departmental Section 4. That the permit shall utility companies to pay charges for request). reserve to the City reasonable right of the installation of underground lines An emergency ordinance authoriz- entry to the encroachment in connection with the Improvement. ing the Director of Capital Projects location(s). Section 9. That notwithstanding to issue a permit to PATDAN VA Section 5. That this ordinance is any provision of the Codified Ordi- LLC to encroach into the public declared to be an emergency measure nances of Cleveland, Ohio, 1976, to the rights-of-way of Superior Avenue and, provided it receives the affirma- contrary, the Commissioner of Pur- N.E. and East 89th Street by tive vote of two-thirds of all the mem- chases and Supplies is authorized to installing, using, and maintaining a bers elected to Council, it shall take acquire for right-of-way purposes real 5-foot wide landscape buffer strip. effect and be in force immediately property necessary to make the Whereas, this ordinance consti- upon its passage and approval by the Improvement. The consideration to be tutes an emergency measure provid- Mayor; otherwise it shall take effect paid for the property shall not exceed ing for the usual daily operation of and be in force from and after the ear- fair market value to be determined by a municipal department; now, there- liest period allowed by law. the Board of Control. fore, Passed November 25, 2013. Section 10. That the Director of Cap- Be it ordained by the Council of Effective November 26, 2013. ital Projects is authorized to execute, the City of Cleveland: on behalf of the City, all documents Section 1. That the Director of Capi- necessary to acquire property and to tal Projects is authorized to issue a employ and pay all fees for title com- permit, revocable at the will of Coun- Ord. No. 1410-13. panies, surveys, escrows, appraisers, cil, to PATDAN VA LLC, 4299 Cran- By Council Members Miller, Cleve- and all other costs necessary for the wood Parkway, Warrensville Hts., land and Kelley (by departmental acquisition of the property. Ohio, 44128 (“Permittee”), to encroach request). Section 11. That the Director of Cap- into the public rights-of-way of Supe- An emergency ordinance authoriz- ital Projects is authorized to enter rior Avenue N.E. and East 89th Street ing the Director of Capital Projects into one or more Local Project Admin- by installing, using, and maintaining to issue a permit to West 25th Street istration agreements with the Ohio a 5-foot wide landscape buffer strip at Lofts LLC to encroach into the pub- Department of Transportation to fund the following location: lic right-of-way of Aust Avenue N.W. and construct the Improvement. by installing, using, and maintain- Section 12. That the Director of Cap- 5-foot Landscape Buffer ing bollards, a backup generator, an ital Projects is authorized to apply for Strip Encroachment electric transformer, gas meter and and accept Federal Transportation Situated in the City of Cleveland, utility ductbank on a 12-foot by 60- Enhancement grant funds from Fed- County of Cuyahoga and State of Ohio foot utility area. eral Highway Administration, to con- and being a 5-foot wide landscape Whereas, this ordinance consti- struct the Improvement. The Director buffer strip within the rights-of-way tutes an emergency measure provid- is authorized to file all papers and of Superior Avenue N.E. (80.00 feet ing for the usual daily operation of execute all documents necessary to wide) and East 89th Street (50.00 feet a municipal department; now, there- receive the funds under the grant; and wide) abutting Tract 4 in the Consoli- fore, 1966 December 4, 2013 The City Record 21

Be it ordained by the Council of Ord. No. 1412-13. the leased premises subject to the the City of Cleveland: By Council Members Reed, Miller, approval of appropriate City agencies Section 1. That the Director of Capi- Cleveland and Kelley (by departmen- and officials. tal Projects is authorized to issue a tal request). Section 5. That the lease shall be permit, revocable at the will of Coun- An emergency ordinance authoriz- prepared by the Director of Law and cil, to West 25th Street Lofts LLC, 2611 ing the Director of Public Works to shall contain any terms and condi- Church Ave. Cleveland, Ohio 44113 lease certain property to the Coun- tions as are required to protect the (“Permittee”), to encroach into the cil for Economic Opportunities in interests of the City. public right-of-way of Aust Avenue Greater Cleveland at the Earle B. Section 6. That the Director of Pub- N.W. by installing, using, and main- Turner Recreation Center located at lic Works, the Director of Law, and taining bollards, a backup generator, 11300 Miles Avenue, for the purpose other appropriate City officials are an electric transformer, gas meter of operating a day care, for a term authorized to execute any other docu- and utility ductbank on a 12-foot by of one year, with five one year ments and certificates, and take any 60-foot utility area, at the following options to renew, exercisable by the other actions which may be necessary location: Director of Public Works, the sec- or appropriate to effect the lease ond and fourth of which are exer- authorized by this ordinance. Utility Area Encroachment cisable through additional legisla- Section 7. That this ordinance is Situated in the City of Cleveland, tive authority. declared to be an emergency measure County of Cuyahoga and State of Ohio Whereas, the City of Cleveland and, provided it receives the affirma- and being a portion of Aust Avenue owns certain property known as the tive vote of two-thirds of all the mem- N.W. (width varies) further described Earle B. Turner Recreation Center bers elected to Council, it shall take as follows: located at 11300 Miles Avenue, effect and be in force immediately Commencing at the intersection of which is suitable for lease and oper- upon its passage and approval by the the west right of way of West 25th ation by another party for a public Mayor; otherwise it shall take effect Street (104 feet wide) and the south use; and and be in force from and after the ear- right of way of said Aust Avenue N.W. Whereas, Council for Economic liest period allowed by law. (12 feet wide); thence westerly along Opportunities in Greater Cleveland Passed November 25, 2013. the south right of way of said Aust (“CEOGC”) has proposed to lease Effective November 26, 2013. Avenue N.W. 165.00 feet to a widening the property from the City; and of Aust Avenue N.W. (24 feet wide) Whereas, this ordinance consti- and the principle place of beginning tutes an emergency measure provid- ing for the usual daily operation of of the Utility Area Encroachment to Ord. No. 1430-13. a municipal department; now, there- By Council Members Cleveland, be described; fore, Brancatelli and Kelley (by depart- Thence southerly 12.00 feet to the Be it ordained by the Council of mental request). south right of way of said Aust the City of Cleveland: An emergency ordinance authoriz- Avenue N.W. (24 feet wide); Section 1. That notwithstanding ing the amendment to certain docu- Thence westerly 60.00 feet along and as an exception to the provisions ments relating to a loan made by the south right of way of said Aust of Chapters 181 and 183 of the Codi- the City to assist in the redevelop- Avenue N.W. (24 feet wide) to a point; fied Ordinances of Cleveland, Ohio, ment of the former Longwood Apart- Thence northerly 12.00 feet to a 1976, the Director of Public Works is ments pursuant to Ordinance No. point; authorized to lease to CEOGC, certain 1574-2000 passed September 25, 2000 Thence easterly 60.00 feet to a point property depicted on the map placed and authorizing related matters. and the place of beginning. in File No. 1412-13-A which is suitable Whereas, pursuant to the authori- Legal Description approved by for lease and operation by another ty of Section 203 of the Housing and Greg Esber, Section Chief, Plats, Sur- party for the public purpose of operat- Community Development Amend- veys and House Numbering Section. ing a day care facility for the term of ments of 1978, 12 U.S.C. §1701z-11, as Section 2. That Permittee may the lease. amended by Section 101(b) of the assign the permit only with the prior Section 2. That the term of the lease Multifamily Housing Property Dis- written consent of the Director of authorized by this ordinance shall not position Reform Act of 1994 and reg- Capital Projects. That the encroach- exceed one year, with five one year ulations promulgated pursuant ing structure(s) permitted by this options to renew. The first of the one- thereto, in order to further the pro- ordinance shall conform to plans and year options to renew may be exer- vision of decent, safe, sanitary, and specifications first approved by the cised by the Director of Public Works, affordable housing in the City, the Manager of Engineering and Con- without the necessity of obtaining United States Department of Hous- struction. That Permittee shall obtain additional authority of this Council. ing and Urban Development all other required permits, including The second of the one-year options to (“HUD”) heretofore determined to but not limited to Building Permits, renew may not be exercised without (i) dispose of certain real property before installing the additional legislative authority. If and the improvements thereon locat- encroachment(s). such additional legislative authority ed in the City known as Longwood Section 3. That the Director of Law is granted and the second of the one- Apartments (the “Original Proper- shall prepare the permit authorized year options to renew is exercised, ty”) and (ii) make available an up- by this ordinance and shall incorpo- then the third of the one-year options front grant (the “Grant”) in an rate such additional provisions as the to renew may be exercisable at the amount not to exceed $25,160,000 in director determines necessary to pro- option of the Director of Public connection with demolition, rebuild- tect and benefit the public interest. Works, without the necessity of ing, redevelopment and other relat- The permit shall be issued only when, obtaining additional authority of this ed development of the Original Prop- in the opinion of the Director of Law, Council. The fourth of the one-year erty; and a prospective Permittee has properly options to renew may not be exercised Whereas, in order to provide for indemnified the City against any loss without additional legislative author- the redevelopment in the most eco- that may result from the encroach- ity. If such additional legislative nomically efficient manner possible, ment(s) permitted. authority is granted and the fourth of HUD (i) conveyed title to the Orig- Section 4. That the permit shall the one-year options to renew is exer- inal Property to the City pursuant reserve to the City reasonable right of cised, then the fifth of the one-year to a Special Warranty Deed dated entry to the encroachment options to renew may be exercisable September 27, 2000 (the “HUD location(s). at the option of the Director of Public Deed”), and (ii) made the Grant Section 5. That this ordinance is Works, without the necessity of available to the City pursuant to an declared to be an emergency measure obtaining additional authority of this UpFront Grant Agreement (the and, provided it receives the affirma- Council. “UpFront Agreement”) dated Sep- tive vote of two-thirds of all the mem- Section 3. That the property tember 28, 2000 between HUD and bers elected to Council, it shall take described above shall be leased at a the City; and effect and be in force immediately rental of $1,266.67 per month which is Whereas, pursuant to Ordinance upon its passage and approval by the determined to be fair market value. No. 1574-2000, passed September 25, Mayor; otherwise it shall take effect Any changes to the rental amount 2000 (the “Authorizing Legislation”) and be in force from and after the ear- shall be fixed by the Board of Control the City entered into the Grant liest period allowed by law. at the fair market rate. Agreement; and Passed November 25, 2013. Section 4. That the lease may autho- Whereas, an affiliate of the Bor- Effective November 26, 2013. rize CEOGC to make improvements to rower (the “Developer”) purchased 1967 22 The City Record December 4, 2013 the Original Property from the City Mortgage and Security Agreement Section 2. Open Meeting Determina- pursuant to a Redevelopment Agree- from Borrower to National City tion. It is found and determined that ment between the City and the Bank, as Trustee, dated as of June all formal actions of this Council and Developer (the “Redevelopment 1, 2003 and recorded in the Official of any of its committees concerning Agreement”), which property was Cuyahoga County Records as Instru- and relating to the passage of this transferred to the Developer by an ment No. 200306100020 (the “Original Ordinance were taken, and any of its Official Quitclaim Deed recorded in Bond Mortgage”); committees and that all deliberations Cuyahoga County AFN 20000920724 Whereas, in addition to the Phase of this Council that resulted in these on September 29, 2000, and the Two Loan and the Outstanding formal actions were held, in meetings Developer agreed to redevelop, or to Bonds, the Borrower financed the open to the public in compliance with cause the redevelopment by its per- Phase Two Project with the pro- all legal requirements, including, mitted assignees of, a portion of the ceeds of an FHA-insured loan fund- without limitation, Section 121.22 of Original Property, together with ed through the issuance of the Revised Code. additional property conveyed by the $15,500,000 County of Cuyahoga, Section 3. Findings and Recitals of City (the “City Property”), into a Ohio Multifamily Housing Mortgage Validity. It is hereby determined, rep- multifamily housing complex con- Revenue Bonds, 2003 Series A resented and recited that all acts, con- taining a total of 629 affordable liv- (Arbor Park Phase Two Associates, ditions and things necessary to be ing units, together with related L.P. Project) (the “Senior Loan done precedent to and in the issuing amenities and supporting facilities Bonds”); and of the Series 2012 Bonds and the Notes (the “Project”) in up to four phases; Whereas, as a requirement of the in order to make them legal, valid and and Senior Loan Bonds, the Original City binding obligations of the City have Whereas, as authorized by the Mortgage, the Original Bond Mort- happened, been done and been per- Authorizing Legislation, in order to gage and other documents securing formed in regular and due form as further the redevelopment of the the Phase Two Loan and the Out- required by law; and that no limita- Project in accordance with the standing Bonds (collectively, the tion of indebtedness or taxation, terms of HUD Deed, the Grant “City Loan Collateral Documents”) either statutory or constitutional, will Agreement and the Redevelopment were subordinated to the mortgage have been exceeded in the issuance of Agreement (the “Controlling Docu- and other documents securing the the Series 2012 Bonds or the Notes. It ments”), the City agreed to loan the Senior Loan Bonds; and is further found and determined, and proceeds of the Grant (the “City Whereas, in order to reduce the is represented and recited, that the Loan”) to the Developer or its per- interest expense incurred by the provisions of Sections 28, 29, 32, 33 mitted assignees pursuant to an Borrower and thereby make addi- (including the provisions of Section UpFront Loan Agreement between tional funds available to pay costs 33 with respect to readings on three the City and the Developer (the of operating and maintaining the separate days or dispensing with “Original Loan Agreement”) (the Phase Two Project, the Borrower is such readings by a two-thirds vote of City Loan Agreement, as amended refinancing the Senior Loan Bonds all members of the Council), 36, 37, 48 from time to time, shall be referred with the proceeds of a $15,500,000 and all other applicable provisions of to as the “Agreement”); and FHA-insured loan from Forest City the City’s Charter and the rules of this Whereas, Arbor Park Phase Two Capital Corporation (the “Senior Council have been fully complied Associates, L.P. (the “Borrower”) Lender”), pursuant to Section with and this Ordinance was passed was formed to develop, on behalf of 223(a)(7) of the National Housing in conformity therewith. the Developer, the second Phase of Act (the “New Senior Loan”); and Section 4. Severability. Each sec- the Project, consisting of 206 afford- Whereas, as a condition to the tion and each part of each section of able living units, together with making of the New Senior Loan, the this Ordinance is declared to be an related amenities and supporting City is being asked to (1) extend independent section or part of a sec- facilities including a management the maturity date of the Phase Two tion and, notwithstanding any other office, community center, and sup- Loan and the Outstanding Bonds to evidence of legislative intent, it is portive services (“Phase Two Pro- a date not earlier than the maturi- declared to be the controlling legisla- ject”) on a portion of the Original ty date of the New Senior Loan and tive intent that if any such section or Property and the City Property (col- (2) re-subordinate the interests part of a section or any provision lectively, the “Phase Two Project granted to the City in the City Loan thereof, or the application thereof to Site”) and in connection therewith, Collateral Documents; and any person or circumstance, is held to the Developer conveyed the Phase Whereas, in order to allow for be invalid, the remaining sections or Two Project Site to the Borrower; administrative and operating effi- parts of sections and the application and ciencies going forward, the Borrow- of such provisions to any other person Whereas, pursuant to the Devel- er has asked the City to consolidate or circumstance, other than those as oper’s request and in order to enable the Outstanding Bonds and the to which it is held invalid, shall not be the Borrower to develop the Phase Phase Two Loan into a single loan; affected thereby, and it is declared to Two Project, the City (1) loaned and be the legislative intent that the other $8,240,000 of the Grant proceeds (the Whereas, this ordinance consti- provisions of this Ordinance would “Phase Two Loan”) to the Borrower tutes an emergency measure provid- have been passed independently of and (2) agreed that Borrower could ing for the usual daily operation of such section, or parts of a section, so use $3,100,000 of the Grant proceeds a municipal department; now, there- held to be invalid. to purchase all of the $3,100,000 fore, Section 5. Legislative Intent. All County of Cuyahoga, Ohio Subordi- Be it ordained by the Council of terms, conditions, pledges, covenants nate Multifamily Housing Mortgage the City of Cleveland: or agreements on the part of the City Revenue Bonds, 2003 Series B Section 1. The Mayor, the Director provided for in this Ordinance are (Arbor Park Phase Two Associates, of Community Development, the made by the voluntary act of the City L.P. Project) (the “Outstanding Director of Finance, the Director of under its lawful authority, including Bonds”) and (3) accepted an assign- Law and other City officials, as appro- its authority under its Charter and ment of the Outstanding Bonds and priate, are authorized to execute and Article XVIII of the Constitution of reduced the Loan to $5,140,000; and deliver, accept, or consent to, as the Ohio. Any provisions of the Codified Whereas, the Borrower’s obliga- case may be, those documents and Ordinances of the City which are tion to repay the Consolidated Phase instruments necessary or appropriate inconsistent with the provisions of Two Loan was evidenced by a to consummate the transactions this Ordinance shall not apply to the Promissory Note in the amount of authorized by this Ordinance, includ- matters authorized herein. $8,240,000 which was reduced to ing to (i) amend the terms of the Orig- Section 6. Emergency Measure. $5,140,000 upon the City’s receipt of inal Note, the Original City Loan This Ordinance is declared to be an the Outstanding Bonds (the “Origi- Mortgage, the Original Bond Mort- emergency measure and, provided nal Note”) and secured by an Open- gage and the other City Collateral this Ordinance receives the affirma- End Mortgage and Security Agree- Loan Documents, (ii) subordinate the tive vote of two-thirds of all members ment from Borrower to the City, City Loan and the Outstanding Bonds elected to Council, it shall take effect dated as of June 1, 2003 and record- to the Senior Loan and (iii) if it is and be in force immediately upon its ed in the Official Cuyahoga County determined by the Director of passage and approval by the Mayor; Records as Instrument No. Finance to be in the best financial otherwise it shall take effect and be 200306100021 (the “Original City interests of the City, consolidate the in force from and after the earliest Loan Mortgage”) and the Borrower’s Outstanding Bonds with the City date allowed by law. obligation to repay the Outstanding Loan, all in a manner consistent with Passed November 25, 2013. Bonds was secured by an Open-End the foregoing recitals. Effective November 26, 2013. 1968 December 4, 2013 The City Record 23

Ord. No. 1436-13. By Council Member J. Johnson. An ordinance changing the Use, Area and Height Districts of lands located on the southwest side of E. 41st Street north of Superior Avenue to Semi-Industry, a ‘C’ Area District, and a ‘3’ Height District (Map Change No. 2460). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Superior Avenue at its intersection with the centerline of E. 41st Street; Thence northwesterly along said centerline of E. 41st Street to its intersection with the northeasterly prolongation of the northerly line of a parcel of land conveyed to Franjo Yerman by deed dated November 21, 1995 and recorded in Audi- tor’s File Number V95100350020 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 104-07- 050; Thence southwesterly along said northeasterly prolongation and said northerly line to its intersection with the south- westerly line thereof; Thence southeasterly along said southwesterly line and along its southeasterly prolongation to its intersection with the southerly line of a parcel of land conveyed to Josephine Valus ETAL by deed dated May 12, 2006 and recorded in Audi- tor’s File Number 200605120688, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 104-07- 054; Thence northeasterly along said southerly line and along its northeasterly prolongation to its intersection with the centerline of E. 41st Street; Thence southeasterly along said centerline of E. 41st Street to its intersection with the centerline of Superior Avenue and the principal place of beginning; and as shaded on the attached map is changed to a Semi-Industry District, a ‘C’ Area District and a ‘3’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2460, 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 Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed November 25, 2013. Effective December 25, 2013. 1969 24 The City Record December 4, 2013

Ord. No. 1461-13. By Council Member Dow. An ordinance changing the Use, Area and Height Districts of land located on the north side of Chester Avenue between East 97th Street and East 101st Street to a Local Retail Business District, an ‘F’ Area District and a ‘3’ Height District (Map Change No. 2465). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Situated in the City of Cleveland, County of Cuyahoga and State of Ohio, and known as being part of Original 100 Acre Lot No. 401 and more fully bound and described as follows: Beginning in the centerline of Chester Avenue at its intersection with the centerline of East 101st Street; Thence westerly along said centerline of Chester Avenue to its intersection with the centerline of East 97th Street; Thence northerly along said centerline of East 97th Street to it intersection with the westerly prolongation of the cen- terline of Logan Court; Thence easterly along said westerly prolongation and said centerline to its intersection with the southerly prolonga- tion of the westerly line of Sublot No. 16 in the Marsh and Cody Brothers Re-Subdivision as shown on the recorded plat in Volume 14, Page 48 of Cuyahoga County Map Records; Thence northerly along said southerly prolongation and said westerly line to its intersection with the northerly line thereof; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the easterly line of Sublot No. 12 in the aforementioned Marsh and Cody Brothers Re-Subdivision; Thence southerly along said easterly line to its intersection with the westerly prolongation of the southerly line of Sublot No. 17 in the Logan Co. Subdivision shown on the recorded plat in Volume 40, Page 20 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said southerly line and continuing along its easterly prolonga- tion to its intersection with the centerline of East 101st Street; Thence southerly along said centerline of East 101st Street to its intersection with the centerline of Chester Avenue and the principal place of beginning; and as shaded on the attached map is changed to a Local Retail Business District, an ‘F’ Area District and a ‘3’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2465, 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 Plan- ning Commission. Section 3. That the front setback requirements along Chester Avenue, East 101st Street and East 97th Street are elim- inated; therefore, the area described in Section 1 and shown on the attached map is exempt from Section 357.04 of The Cleveland Codified Ordinances. Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed November 25, 2013. Effective December 25, 2013. 1970 December 4, 2013 The City Record 25

Ord. No. 1466-13. a municipal department; now, there- Be it ordained by the Council of By Council Members Brancatelli, fore, the City of Cleveland: Miller and Kelley (by departmental Be it ordained by the Council of Section 1. That notwithstanding request). the City of Cleveland: and as an exception to the provisions An emergency ordinance authoriz- Section 1. That the Director of the of Chapter 181 and 183 of the Codified ing the Directors of Community Office of Equal Opportunity is autho- Ordinances of Cleveland, Ohio, 1976, it Development and Capital Projects to rized to enter into a grant agreement is found and determined that the fol- enter into an amendment to Contract with the Greater Cleveland Partner- lowing described property is no No. CT 8006, NF 2013-016 between the ship to contribute to the costs of the longer needed for the City’s use: City of Cleveland and UCAA LIM- Greater Cleveland Partnership con- ITED, an Ohio limited liability com- tracting with a consultant to conduct TRACT “A” pany, designee of The Finch Group, a labor demand study for residents of Beginning at a point in the North- Inc. relating to the redevelopment of the City of Cleveland. west corner of said tract at the inter- a portion of the Upper Chester Tar- Section 2. That the costs of the section of Harvard Road and Mill get Area. grant shall not exceed an amount of Pond Drive Right-of-way S 46°35'02 Whereas, under Contract No. CT $25,000 and shall be paid from Fund W a distance of 43.76 feet to a point, 8006, NF 2013-016, the Directors of No. 10 SF 082, RQS 0113, RL 2013-154. with a radius of 30.00 feet; thence S Community Development and Capi- Section 3. That the agreement and 00°01'03" W a distance of 192.39 feet tal Projects entered into a develop- other appropriate documents needed to a point; thence S 07°33'42" E a dis- ment agreement with UCAA LIMIT- to complete the transaction autho- tance of 24.01 feet to a point, with a ED, an Ohio limited liability com- rized by this legislation shall be pre- radius of 93.00 feet; thence S 14°50'29" pany, designee of The Finch Group, pared by the Director of Law. E a distance of 258.25 feet to a point; Inc., regarding the redevelopment of Section 4. That this ordinance is thence S 15°20'03" E a distance of 4.80 a portion of the Upper Chester Tar- declared to be an emergency measure feet to a point, with a radius of 345.00 get Area; and and, provided it receives the affirma- feet; thence S 87°30'05" E a distance Whereas, the parties wish to tive vote of two-thirds of all the mem- of 325.16 feet to a point; thence N amend the agreement to incorporate bers elected to Council, it shall take 62°26'34" E a distance of 275.94 feet to project changes regarding timing, effect and be in force immediately a point; thence N 03°15'39" E a dis- location, and land use; and upon its passage and approval by the tance of 359.87 feet to a point; thence N Whereas, this ordinance consti- Mayor; otherwise it shall take effect 86°30'54" W a distance of 393.85 feet tutes an emergency measure provid- and be in force from and after the ear- to a point; thence S 88°30'36" W a dis- ing for the usual daily operation of liest period allowed by law. tance of 120.33 feet to a point; thence N a municipal department; now, there- Passed November 25, 2013. 86°32'53" W a distance of 115.48 feet, fore, Effective November 26, 2013. which is the point of beginning, hav- Be it ordained by the Council of ing an area of 6.8 acres or 297,624 the City of Cleveland: square feet. Section 1. That the Directors of Section 2. That by and at the direc- Community Development and Capital Ord. No. 1470-13. tion of the Board of Control, the Com- Projects are authorized to enter into By Council Members K. Johnson, missioner of Purchases and Supplies an amendment to Contract No. CT Cleveland and Kelley (by departmen- is authorized to sell the above- 8006, NF 2013-016 between the City of tal request). described property to the Redeveloper Cleveland and UCAA LIMITED, an An emergency ordinance authoriz- Ohio limited liability company, ing the Commissioner of Purchases at a price not less than the appraised designee of The Finch Group, Inc. and Supplies to sell City-owned prop- value of $1,292,000, taking into relating to the redevelopment of a erty no longer needed for the City’s account all restrictions, reversionary portion of the Upper Chester Target use located at the southeast corner interests and similar encumbrances Area. The amendment shall include, of Harvard Road and Mill Pond as may be placed by the City of Cleve- but not be limited to, an updated Drive in the Village of Highland land in the deed of conveyance. description of the project phases and Hills to PROPSTONE, LLC to con- Section 3. That the conveyance a revised project development map struct a behavioral hospital for men- shall be made by official deed pre- within the original target area. An tal health and substance abuse pared by the Director of Law and exe- updated executive summary, Upper patients. cuted by the Mayor on behalf of the Chester Living Plan, and legal Whereas, under City of Cleveland City of Cleveland. The deed shall con- descriptions for all permanent parcel Ordinance No. 1235-95, passed Octo- tain necessary provisions, including numbers included under this amend- ber 23, 1995, and under the Village restrictive reversionary interests as ed agreement have been placed in of Highland Hills Ordinance Nos. may be specified by the Board of Con- File No. 1697-12-D [duplicate in File 1995-20, passed August 14, 1995 and trol or Director of Law, which shall No. 1466-13-A], including the legal Ordinance No. 1995-28, passed Decem- protect the parties as their respective description of Permanent Parcel No. ber, 13, 1995, both the City of Cleve- interests require and shall specifical- 119-09-107. land and the Village of Highland ly contain a provision against the Section 2. That the amendment Hills entered into a Joint Economic erection of any advertising signs or shall be prepared by the Director of Development Zone Agreement billboards except permitted identifi- Law. (“JEDZA”) affecting the develop- cation signs. Section 3. That this ordinance is ment of approximately 80 acres of Section 4. That this ordinance is declared to be an emergency measure land located in the Village of High- declared to be an emergency measure and, provided it receives the affirma- land Hills and known as the Cleve- and, provided it receives the affirma- tive vote of two-thirds of all the mem- land Enterprise Park; and tive vote of two-thirds of all the mem- bers elected to Council, it shall take Whereas, the Director of Public bers elected to Council, it shall take effect and be in force immediately Works has requested the sale of the effect and be in force immediately upon its passage and approval by the City-owned property to PROP- upon its passage and approval by the Mayor; otherwise it shall take effect STONE, LLC (the “Redeveloper”) no Mayor; otherwise it shall take effect and be in force from and after the ear- longer needed for the City’s use and and be in force from and after the ear- liest period allowed by law. located at the southeast corner of liest period allowed by law. Passed November 25, 2013. Harvard Road and Mill Pond Drive Passed November 25, 2013. Effective November 26, 2013. in the Village of Highland Hills so Effective November 26, 2013. that Redeveloper may construct a behavioral hospital for mental health and substance abuse patients Ord. No. 1469-13. at that location; and Ord. No. 1474-13. By Council Members Zone and Kel- Whereas, the project has been By Council Member Cimperman. ley (by departmental request). reviewed and approved by the Vil- An emergency ordinance to amend An emergency ordinance authoriz- lage of Highland Hills as meeting Section 447.02 of the Codified Ordi- ing the Director of the Office of the design intent and final develop- nances of Cleveland, Ohio, 1976, as Equal Opportunity to enter into a ment plan of the JEDZA Joint Eco- amended by Ordinance Number 2459- grant agreement with the Greater nomic Development Zone Agreement A-91, passed December 14, 1992, and Cleveland Partnership to contribute between the City of Cleveland and Section 447.08, as amended by Ordi- to the costs of a labor demand study Village of Highland Hills; and nance No. 944-01, passed May 21, for residents of the City of Cleve- Whereas, this ordinance consti- 2001, exempting carriage operators land. tutes an emergency measure provid- and businesses that operate as part Whereas, this ordinance consti- ing for the usual daily operation of of a special event for less than three tutes an emergency measure provid- a municipal department; now, there- consecutive days from licensing ing for the usual daily operation of fore, requirements. 1971 26 The City Record December 4, 2013

Whereas, this ordinance constitutes (f) No carriage operator shall per- permit more than four (4) passengers an emergency measure providing for mit the occupancy of the carriage in a horse-drawn carriage at any time. the usual daily operation of a munici- which he or she is operating to exceed (n) Every six (6) months, com- pal department; now, therefore, the rated seating capacity of that car- mencing with the date of the applica- Be it ordained by the Council of riage. tion submitted pursuant to division the City of Cleveland: (g) Each carriage operator shall (b) of Section 447.03, a carriage Section 1. That Section 447.02 of the ensure that all of his or her passen- license holder shall submit to the Codified Ordinances of Cleveland, gers are seated inside the carriage Police Traffic Commissioner a med- Ohio, 1976, as amended by Ordinance when the carriage is in motion. ical certificate for each horse used by Number 2459-A-91, passed December (h) Carriages shall be operated as the carriage license holder in the 14, 1992, and Section 447.08, as amend- near to the right side of the roadway operation of horse-drawn carriages. A ed by Ordinance No. 944-01, passed as practicable, shall obey all traffic carriage operator that is exempt May 21, 2001 are amended to read as laws, rules, and regulations applica- under Section 447.02(c) shall submit follows: ble to motor vehicles, and shall exer- to the Special Events Committee the cise due care when passing a stand- same medical certificate for each Section 447.02 Licenses Required ing vehicle or a vehicle which is pro- horse used by the carriage operator. (a) No person shall operate any car- ceeding in the same direction. The medical certificate shall be riage upon the public rights of way of (i) Horse-drawn carriages shall signed by a registered veterinarian the City without a carriage license pick up and discharge passengers and shall indicate that the horse is and a carriage operator’s license, only while legally parked at the curb medically fit, in good health both each issued pursuant to Section in zones established by the Director physically and by temperament, suffi- 447.07. of Public Safety after consultation cient to pull a horse-drawn carriage, (b) No person shall operate a car- with the Commissioner of Traffic and has received all those inocula- riage business in the City without a Engineering. All other carriages may tions which are determined to be carriage business license issued pur- pick up and discharge passengers usual and customary according to suant to Section 447.07. anywhere along their approved generally-accepted principles of ani- (c) A carriage operator or business routes, provided that they are legally mal husbandry. that operates, without charging the parked at the curb when doing so. (o) Every horse-drawn carriage public a fee, as part of a special event (j) No person shall operate a car- owner shall ensure that, whenever his permitted under Section 131.07 that riage on the streets of the City except or her horses are upon the public lasts less than three consecutive days during the hours of 10:00 a.m. to 4:00 rights-of-way, each of them is fitted p.m., Mondays through Fridays, 6:00 shall be exempt from the license with a device which prevents the p.m. to midnight, Mondays through requirements of divisions (a) and (b) horse’s feces from dropping to the Fridays, and 8:00 a.m. to midnight on of this section, but shall comply with ground. Saturdays, Sundays, and legal holi- all other provisions in this Chapter Section 2. That existing Section days. unless specifically exempted. 447.02 of the Codified Ordinances of (k) No person shall operate a car- Cleveland, Ohio, 1976, as amended by riage on any street of the City which Section 447.08 Regulations Govern- Ordinance Number 2459-A-91, passed has been closed pursuant to lawful riage Business- December 14, 1992, and Section 447.08, ing Carriages and Car authority, including closings pur- as amended by Ordinance No. 944-01, es suant to Sections 133.03, 403.05, or (a) No carriage may operate in or 411.05 of these Codified Ordinances. passed May 21, 2001, are repealed. upon the public rights of way of the Upon notification of the Police Traf- Section 3. That this ordinance is City without displaying its carriage fic Commissioner that special circum- declared to be an emergency measure license and its carriage business stances cause a particular street or a and, provided it receives the affirma- license, unless exempt under Section particular area to be unsafe or too tive vote of two-thirds of all the mem- 447.02(c) from the license require- congested for the operation of car- bers elected to Council, it shall take ments. riages during a specified time period, effect and be in force immediately (b) No carriage operator may oper- no person shall operate a carriage upon its passage and approval by the ate a carriage without having the car- upon such street or in such area dur- Mayor; otherwise it shall take effect riage operator’s license issued pur- ing such time period. and be in force from and after the ear- suant to division (d) of Section 447.07 (l) No person shall carry passen- liest period allowed by law. upon his or her person, unless exempt gers in a carriage into or out of the Passed November 25, 2013. under Section 447.02(c) from on the west side of the Cuya- Effective November 26, 2013. license requirements. When passen- hoga River. No person shall carry pas- gers are being picked up or dis- sengers in a carriage into or out of the charged by a horse-drawn carriage, a Flats on the east side of the Cuyahoga carriage operator’s assistant shall River, except on Front Street. Ord. No. 1491-13. assist the carriage operator so that (m) All horse-drawn carriage busi- By Council Members K. Johnson the carriage operator may devote his ness owners and horse-drawn car- and Kelley (by departmental or her attention entirely to operating riage operators shall maintain their request). the carriage and keeping the horse horses in accordance with the follow- An emergency ordinance authoriz- and carriage under secure control. ing standards of animal husbandry: ing the Directors of Public Works (c) Every carriage business shall (1) No person shall operate a horse- and Finance to employ one or more provide each of its horse-drawn vehi- drawn carriage when the tempera- temporary employment agencies to cles with rate cards which set forth ture, as reported by the National provide professional services to sup- the rates and charges filed with the Weather Service, exceeds eighty-five ply temporary and seasonal person- Commissioner pursuant to division degrees Fahrenheit (85°F). nel for the Department of Public (a)(3) of Section 447.03, unless (2) No person shall work any one Works and the Project Clean pro- exempt under division (c) of Section (1) horse more than six (6) hours per gram and for the Department of 447.02 from the license requirements. day. Finance, for a period up to one year. Rate cards shall be prominently dis- (3) Every horse-drawn carriage Whereas, this ordinance consti- played within each carriage, and each owner shall properly fit or cause to be tutes an emergency measure provid- carriage operator shall acquaint all fitted each of his or her horses with ing for the usual daily operation of prospective passengers with current rubber shoes. a municipal department; now, there- rates and charges prior to taking on (4) Every horse-drawn carriage fore, said passengers. Rates shall not be business owner and every horse- Be it ordained by the Council of changed without ten (10) days prior drawn carriage operator shall ensure the City of Cleveland: written notice to the Commissioner. that his or her horses are properly Section 1. That the Director of Pub- (d) No carriage operator or car- watered and given a ten (10) minute lic Works is authorized to employ by riage operator’s assistant shall solicit rest period for every hour of use, are contract or contracts one or more tem- passengers in a loud voice or in such a in good health and at a proper body porary employment agency or agen- manner as to annoy or obstruct the weight, are not more than fifteen (15) cies for the purpose of supplementing movement of any person; nor shall years old, and are properly fitted with the regularly employed staff of the any carriage operator pursue any per- harness and tack. several departments of the City of son for purposes of soliciting patron- (5) Every horse-drawn carriage Cleveland in order to provide profes- age. business owner shall ensure that sional services necessary to supply (e) No carriage operator or car- emergency veterinary treatment is temporary and seasonal personnel for riage operator’s assistant shall available for his or her horse. the Department of Public Works and smoke while operating a carriage (6) No horse-drawn carriage busi- the Project Clean program, for a peri- that is carrying passengers. ness owner or carriage operator shall od up to one year. 1972 December 4, 2013 The City Record 27

The selection of the agency or agen- taining a utility duct bank containing by this ordinance shall conform to cies shall be made by the Board of a 10" chilled water supply and return plans and specifications approved by Control on the nomination of the piping, eight 5" conduits of which two the Manager of Engineering and Con- Director of Public Works from a list contain medium voltage feeders and struction. That Permittee shall obtain of qualified agencies available for the remaining six are reserved for all other required permits, including employment as may be determined Permittee’s future use, and twelve 4" but not limited to Building Permits, after a full and complete canvass by conduits of which four contain before installing the encroach - the Director of Public Works for the cabling and fire alarm fiber and the ment(s). purpose of compiling a list. The com- remaining eight are reserved for Per- Section 3. That the Director of Law pensation to be paid for the services mittee’s future use at the following shall prepare the permit authorized shall be fixed by the Board of Control. described location: by this ordinance and shall incorpo- The contract or contracts authorized rate such additional provisions as the shall be prepared by the Director of Encroachment Description director determines necessary to pro- Law, approved by the Director of Pub- Situated in the City of Cleveland, tect and benefit the public interest. lic Works, and certified by the Direc- County of Cuyahoga, State of Ohio, The permit shall be issued only when, tor of Finance. and known as being part of East 22nd in the opinion of the Director of Law, Section 2. That the Director of Street and Euclid Avenue and being Permittee has properly indemnified Finance is authorized to employ by part of Original Ten Acre Lots Nos. 55, the City against any loss that may contract or contracts one or more tem- 56, 80, and 81 and being more fully result from the encroachment(s) per- porary employment agency or agen- bounded and described as follows: mitted. cies for the purpose of supplementing Beginning at the intersection of the Section 4. That the permit shall the regularly employed staff of the Westerly line of East 22nd Street reserve to the City reasonable right of City of Cleveland to provide the pro- (Width Varies) and the Southerly line entry to the encroachment fessional services necessary to sup- of Euclid Avenue (99 feet wide), said location(s). ply temporary and seasonal personnel point also being the Principal Place Section 5. That this ordinance is for the Department of Finance, for a of Beginning for the encroachment declared to be an emergency measure period up to one year. herein described; and, provided it receives the affirma- The selection of the agency or agen- Course No. 1: thence South 81°33'30" tive vote of two-thirds of all the mem- cies shall be made by the Board of West along the said Southerly line of bers elected to Council, it shall take Control on the nomination of the Euclid Avenue, a distance of 15.19 feet effect and be in force immediately Director of Finance from a list of to a point thereon; upon its passage and approval by the qualified agencies available for Course No. 2: thence North 08°41'15" Mayor; otherwise it shall take effect employment as may be determined West, a distance of 99.02 feet to a and be in force from and after the ear- after a full and complete canvass by point; liest period allowed by law. the Director Course No. 3: thence North 81°16'19" Passed November 25, 2013. of Finance for the purpose of com- East, a distance of 37.00 feet to a Effective November 26, 2013. piling a list. The compensation to be point; paid for the services shall be fixed by Course No. 4: thence South 08°02'05" the Board of Control. The contract or East, a distance of 48.55 feet to a contracts authorized shall be pre- point; Ord. No. 1494-13. pared by the Director of Law, Course No. 5: thence North 82°03'31" By Council Members Miller, Cleve- approved by the Director of Public East, a distance of 9.69 feet to a point; land and Kelley (by departmental Works, and certified by the Director Course No. 6: thence South 08°38'24" request). of Finance. East, a distance of 119.38 feet to a An emergency ordinance authoriz- Section 3. That the costs for the ser- point; ing the Director of Capital Projects vices contemplated shall be paid from Course No. 7: thence North 80°54'28" to issue a permit to K & D Enter- funds appropriated for this purpose in East, a distance of 18.02 feet to a prises, Inc. to encroach into the pub- budget year 2014. point; lic right-of-way of Mulberry Street Section 4. That this ordinance is Course No. 8: thence South 09°19'35" by installing, using, and maintain- hereby declared to be an emergency East, a distance of 13.47 feet to a ing a surface parking area. measure and, provided it receives the point; Whereas, this ordinance consti- affirmative vote of two-thirds of all Course No. 9: thence South 80°55'12" tutes an emergency measure provid- the members elected to Council, it West, a distance of 18.40 feet to a ing for the usual daily operation of shall take effect and be in force imme- point; a municipal department; now, there- diately upon its passage and approval Course No. 10: thence South fore, by the Mayor; otherwise it shall take 08°31'53" East, a distance of 76.23 feet Be it ordained by the Council of effect and be in force from and after to a point; the City of Cleveland: the earliest period allowed by law. Course No. 11: thence North Section 1. That the Director of Capi- Passed November 25, 2013. 80°53'08" East, a distance of 17.24 feet tal Projects is authorized to issue a Effective November 26, 2013. to a point; permit, revocable at the will of Coun- Course No. 12: thence South cil, to K & D Enterprises, Inc., 8383 09°53'40" East, a distance of 19.02 feet Mentor Avenue, Mentor, Ohio 44060 to a point; (“Permittee”), to encroach into the Ord. No. 1493-13. Course No. 13: thence South public right-of-way of Mulberry Street By Council Members Miller, Cleve- 81°19'36" West, a distance of 33.78 by installing, using, and maintaining land and Kelley (by departmental feet to a point; a parking area at the following loca- request). Course No. 14: thence South tion: An emergency ordinance authoriz- 08°39'35" East, a distance of 32.83 feet ing the Director of the Office of Cap- to a point; Mulberry Street ital Projects to issue a permit to Course No. 15: thence South Encroachment Parcel C Cleveland State University to 82°42'54" West, a distance of 15.00 Situated in Original Brooklyn encroach into the public right-of- feet to a point on the said Westerly Township Lot 70 and now in The City way of Euclid Avenue and East line of East 22nd Street; of Cleveland, County of Cuyahoga 22nd Street by installing, using, and Course No. 16: thence North and State of Ohio and bounded and maintaining a utility duct bank. 08°29'20" West along the said West- described as follows: Whereas, this ordinance consti- erly line of East 22nd Street, a dis- Beginning at a 1 inch iron pin mon- tutes an emergency measure provid- tance of 209.98 feet to the Principal ument found at an angle point in ing for the usual daily operation of Place of Beginning, containing 0.245 Detroit Avenue, 66.00 feet wide, said a municipal department; now, there- acres, 10,677 square feet of land monument being 26.97 feet easterly fore, according to a survey by Atwell, LLC., along the centerline of said Detroit Be it ordained by the Council of and being the same more or less and Avenue from its intersection with the the City of Cleveland: being subject to all legal highways centerline of Riverbed Street; Section 1. That the Director of the and easements. Thence South 34 degrees 33 minutes Office of Capital Projects is autho- Legal Description approved by 12 seconds West, 305.43 feet along the rized to issue a permit, revocable at Greg Esber, Section Chief, Plats, Sur- centerline of said Detroit Avenue to the will of Council, to Cleveland State veys and House Numbering Section. its intersection with the centerline of University, 2121 Euclid Avenue, Section 2. That Permittee may Mulberry street, 66.00 feet wide; Cleveland, Ohio 44115 (“Permittee”), assign the permit only with the prior Thence North 35 degrees 13 minutes to encroach into the public right-of- written consent of the Director of the 43 seconds West, 35.17 feet to its inter- way of Euclid Avenue and East 22nd Office of Capital Projects. That the section with the northerly line of said Street by installing, using, and main- encroaching structure(s) permitted Detroit Avenue; 1973 28 The City Record December 4, 2013

Thence North 34 degrees 33 minutes 81.18 feet to the principal place of by this ordinance and shall incorpo- 12 seconds East along the northerly beginning and containing 2,998 rate such additional provisions as the line of said Detroit Avenue, 15.16 feet square feet or 0.0688 acres of land director determines necessary to pro- to a Mag Nail set; according to a survey by John M. tect and benefit the public interest. Thence North 40 degrees 23 minutes Zaranec, Jr. P.S. 7126 for Zaranec Sur- The permit shall be issued only when, 46 seconds West, 81.80 feet to a Mag veying Co. dated May 02, 2013. in the opinion of the Director of Law, Nail set in the southerly line of The courses used in this description a prospective Permittee has properly Detroit Superior Viaduct, 80.00 feet are based on O.M. 1127 and O.M. 1128 indemnified the City against any loss wide, and being the principal place of NAVD 88. that may result from the encroach- beginning of the parcel herein Legal Description approved by ment(s) permitted. described: Greg Esber, Section Chief, Plats, Sur- Section 4. That the permit shall Thence South 39 degrees 50 minutes veys and House Numbering Section. reserve to the City reasonable right of 28 seconds West, 41.26 feet along the Section 2. That Permittee may entry to the encroachment southerly line of said Detroit Superior assign the permit only with the prior location(s). Viaduct to its intersection with the written consent of the Director of Section 5. That this ordinance is westerly line of said Mulberry Street: Capital Projects. That the encroach- Thence North 35 degrees 13 minutes ing structure(s) permitted by this declared to be an emergency measure 43 seconds West, 82.80 feet to its inter- ordinance shall conform to plans and and, provided it receives the affirma- section with the northerly line of said specifications first approved by the tive vote of two-thirds of all the mem- Detroit Superior Viaduct; Manager of Engineering and Con- bers elected to Council, it shall take Thence North 39 degrees 50 minutes struction. That Permittee shall obtain effect and be in force immediately 28 seconds East, 33.69 feet along the all other required permits, including upon its passage and approval by the northerly line of said Detroit Superior but not limited to Building Permits, Mayor; otherwise it shall take effect Viaduct; before installing the encroach - and be in force from and after the ear- Thence South 40 degrees 23 minutes ment(s). liest period allowed by law. 46 seconds East, 10.00 feet passing Section 3. That the Director of Law Passed November 25, 2013. over a Mag Nail set, a total distance of shall prepare the permit authorized Effective November 26, 2013.

Ord. No. 1495-13. By Council Members Miller, Cleveland and Kelley (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Founda- tion to encroach into the public rights-of-way of Euclid Avenue, Huron Road, and East 14th Street by installing, using, and maintaining four gateways and a chandelier. 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 the Playhouse Square Foundation, 1501 Euclid Avenue, Suite 200, Cleveland, Ohio, 44115 (“Permittee”), to encroach into the public rights-of-way of Euclid Avenue, Huron Road, and East 14th Street by installing, using, and maintaining four gate- ways and a chandelier at the following locations:

FOUNDATION LOCATION TABLE

Item Street Pole Foundation Station and offset

Gateway 1 Huron Road Pole 1 3+02.08 21.88 right Pole 2 2+93.22 26.99 left Gateway 2 Euclid Avenue Pole 3 123+30.28 29.92 right Pole 4 123+30.28 34.89 left Gateway 3 East 14th Street Pole 5 Pole 6 4+82.14 21.74 left Gateway 4 Euclid Avenue Pole 7 134+09.77 37.57 right Pole 8 134+11.2 32.43 left Chandelier Euclid Avenue Pole 9 129+20.77 43.44 right Pole 10 128+22.09 39.99 right Pole 11 128+71.46 33.07 left Note: Stationing used Euclid Corridor Transportation Project Plans

Pole # Northing Easting Description

1 68762.30 91849.26 Huron Road and Prospect Avenue – South 2 68797.41 91814.13 Huron Road and Prospect Avenue – North 3 69193.65 92097.46 Euclid Avenue and East 13th Street – South 4 69257.31 92085.31 Euclid Avenue and East 13th Street– North 5 68894.36 92841.34 East 14th Street and Prospect Avenue – West 6 68934.09 92904.87 East 14th Street and Prospect Avenue – East 7 69371.50 93160.98 Euclid Avenue and East 17th Street – South 8 69440.87 93151.50 Euclid Avenue and East 17th Street – North 9 69289.55 92678.87 Euclid Avenue and East 14th Street – Southeast 10 69275.95 92582.44 Euclid Avenue and East 14th Street – Southwest 11 69356.97 92617.24 Euclid Avenue and East 14th Street – North 12 69321.99 92621.65 Center – Chandelier

Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section. Section 2. 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 Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 3. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be 1974 December 4, 2013 The City Record 29 issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachments permitted. 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 November 25, 2013. Effective November 26, 2013.

Ord. No. 1498-13. sign all documents that are necessary mined by the Director of Public By Council Members Miller and Kel- to make the purchases, and may enter Works. ley (by departmental request). into one or more contracts with the Section 2. That notwithstanding An emergency ordinance deter- vendors selected through that cooper- any provision of the Codified Ordi- mining the method of making the ative process. nances of Cleveland, Ohio, 1976, to the public improvement for the grinding Section 5. That this ordinance is contrary, the Director of Public of pavement for the local resurfac- declared to be an emergency measure Works may require that each bid be ing of city streets and authorizing and, provided it receives the affirma- accompanied by a single bond secur- the Director of Public Works to tive vote of two-thirds of all the mem- ing both the execution of a contract enter into one or more public bers elected to Council, it shall take and the performance of the term of improvement requirement contracts effect and be in force immediately each contract. If a single bond secur- for the making of the improvement, upon its passage and approval by the ing both execution and performance for a period up to eighteen months. Mayor; otherwise it shall take effect is required by the Director, it shall be Whereas, this ordinance consti- and be in force from and after the ear- substantially in accordance with the tutes an emergency measure provid- liest period allowed by law. form attached as Exhibit “A”. Each ing for the usual daily operation of Passed November 25, 2013. bond, whether to secure the execution a municipal department; now, there- Effective November 26, 2013. of a contract, its performance, or both, fore, shall be in an amount determined by Be it ordained by the Council of the Director of Public Works. Each the City of Cleveland: bond submitted to secure the contract Section 1. That, under Section 167 of Ord. No. 1499-13. or contracts authorized by this ordi- the Charter of the City of Cleveland, By Council Members Miller and Kel- nance shall be executed by a surety this Council determines to make the ley (by departmental request). authorized to do business in the State public improvement for the grinding An emergency ordinance authoriz- of Ohio and shall be acceptable to the of pavement for the local resurfacing ing the purchase by one or more Director of Law. of city streets, for the Division of requirement contracts for contin- Section 3. That the costs of the con- Streets, Department of Public Works, gency services for the disposal of tract or contracts shall be charged by one or more public improvement municipal solid waste, for the Divi- against the proper appropriation requirement contracts duly let to the sion of Waste Collection and Dis- accounts and the Director of Finance shall certify the amount of any pur- lowest responsible bidder or bidders posal, Department of Public Works. chase under the contract, each of on a unit basis for the improvement. Whereas, this ordinance consti- which purchases shall be made on Section 2. That the Director of Pub- tutes an emergency measure provid- order of the Commissioner of Pur- lic Works is authorized to make one ing for the usual daily operation of chases and Supplies by a delivery or more written requirement con- a municipal department; now, there- order issued against the contract or tracts under the Charter and the Codi- fore, contracts and certified by the Direc- fied Ordinances of Cleveland, Ohio, Be it ordained by the Council of tor of Finance. (RQN 7013, RL 2013-46) for a period 1976, for the requirements the City of Cleveland: Section 4. That this ordinance is of up to eighteen months for the mak- Section 1. That the Director of Pub- declared to be an emergency measure ing of the above public improvement lic Works is authorized to make one and, provided it receives the affirma- with the lowest responsible bidder or or more written requirement con- tive vote of two-thirds of all the mem- bidders after competitive bidding on tracts under the Charter and the Codi- bers elected to Council, it shall take a unit basis for the improvement for a fied Ordinances of Cleveland, Ohio, effect and be in force immediately period not to exceed the specified 1976, for the requirements for the term upon its passage and approval by the term, purchased by the Commissioner of one year or two years for the neces- Mayor; otherwise it shall take effect of Purchases and Supplies on a unit sary items of contingency services for and be in force from and after the ear- basis for the Division of Streets, the disposal of municipal solid waste liest period allowed by law. Department of Public Works. Bids to various approved and certified shall be taken in a manner that per- transfer facilities and landfills, in the BID GUARANTY AND mits an award to be made for all items approximate amount as purchased CONTRACT BOND as a single contract, or by separate during the preceding term, purchased contract for each or any combination by the Commissioner of Purchases KNOW ALL MEN BY THESE of the items as the Board of Control and Supplies on a unit basis for the PRESENTS, that we the ______determines. Alternate bids for a peri- Division of Waste Collection and Dis- ______od less than the specified term may be posal, Department of Public Works. ______taken if desired by the Commissioner Bids shall be taken in a manner that (Name and Address) of Purchases and Supplies until provi- permits an award to be made for all as Principal and ______sion is made for the requirements for items of services as a single contract, (Name of Surety) the entire term. or by separate contract for each or as Surety are hereby held and firm- Section 3. That the costs of the con- any combination of the items as the ly bound unto the City of Cleveland, tract or contracts shall be paid from Board of Control determines. Alter- hereinafter called the Obligee, in the Fund Nos. 20 SF 520, 20 SF 528, 20 SF nate bids for a period less than the penal sum hereinafter stated, per- 534, 20 SF 540, 20 SF 546, and 20 SF 554 specified term may be taken if taining to the bid submitted by the and shall also be charged against the desired by the Commissioner of Pur- Principal to the Obligee on proper appropriation accounts and chases and Supplies until provision is ______(date) to the Director of Finance shall certify made for the requirements for the undertake the project known ______the amount of any purchase under the entire term. The Director of Public ______contract, each of which purchases Works is authorized to enter into one ______shall be made on order of the Commis- or more contracts with a term of two The penal sum referred to herein sioner of Purchases and Supplies years instead of one year when there shall be ______under a delivery order against the is a financial advantage to the City. ______contract or contracts certified by the For purposes of this ordinance, a ______. For the Director of Finance. (RQN 7016, RL financial advantage shall be deter- payment of the penal sum well and 2013-33) mined by the Director of Public truly to be made, we hereby jointly Section 4. That under Section 108(b) Works by comparing the bids and severally bind ourselves, our of the Charter, the purchases autho- received for both terms. heirs, executors, administrators, suc - rized by this ordinance may be made Bids shall also be taken so as to per- cessors, and assigns. through cooperative arrangements mit an award to be made for provision with other governmental agencies. of such services citywide or by sepa- THE CONDITION OF THE ABOVE The Director of Public Works may rate contracts for the districts deter- OBLIGATION IS SUCH, that whereas 1975 30 The City Record December 4, 2013 the above named Principal has sub- SURETY COMPANY Ord. No. 1513-13. mitted a bid on the above referred pro- ADDRESS: By Council Members Keane and ject; Kelley (by departmental request). NOW, THEREFORE, if the Obligee ______An emergency ordinance authoriz- accepts the bid of the Principal and Street ing the Director of Port Control to the Principal fails to enter into a prop- enter into a Lease Agreement with er contract in accordance with the ______Servisair USA, Inc. for the use and bid, plans, details, specifications, and City State ZIP occupancy of certain space located bills of material; and in the event the in the North Cargo Facility Building Principal pays to the Obligee the dif- at Cleveland Hopkins International ference not to exceed ten percent of SURETY AGENT’S Airport, Department of Port Control, the penalty hereof between the ADDRESS: for a period of six months, with one amount specified in the bid and such option to renew for an additional larger amount for which the Obligee ______six-month period, exercisable by the may in good faith contract with the Agency Name Director of Port Control. next lowest and best bidder to per- Whereas, this ordinance consti- form the work covered by the bid; or tutes an emergency measure provid- ______in the event the Obligee does not ing for the usual daily operation of Street award the contract to the next lowest a municipal department; now, there- and best bidder and resubmits the pro- fore, ject for bidding, the Principal will ______Be it ordained by the Council of pay the Obligee the difference not to City State ZIP the City of Cleveland: exceed ten percent of the penalty Section 1. That the Director of Port hereof between the amount specified “Exhibit A” Control is authorized to enter into a in the bid, or the costs in connection Lease Agreement (“Lease”) with with the resubmission, of printing Passed November 25, 2013. Servisair USA, Inc. (“Lessee”) for use new contract documents, required Effective November 26, 2013. and occupancy of approximately 3,675 advertising, and printing and mailing square feet of space located in the notices to prospective bidders, North Cargo Facility Building at whichever is less, then this obligation Cleveland Hopkins International Air- shall be void, otherwise to remain in Ord. No. 1512-13. port (“Leased Premises”). The Leased full force and effect. If the Obligee By Council Members Keane and Premises shall be used for the opera- accepts the bid of the Principal and Kelley (by departmental request). tion of an air cargo facility. The term the Principal within ten days after An emergency ordinance authoriz- of the Lease shall be for a period of the awarding of the contract and sub- ing the Director of Port Control to six months, with one option to renew mitting to the Principal a contract for enter into a Lease Agreement with for an additional six-month period, execution, enters into a proper con- Frontier Airlines, Inc. for the use exercisable by the Director of Port tract in accordance with the bid, and occupancy of certain space Control. For use of the Leased Premis- plans, details, specifications, and located in Concourse “A” in the pas- es, Lessee shall pay the City an annu- bills of material, which said contract senger terminal building at Cleve- al rate of $25,725.00, payable in month- is made a part of this bond the same land Hopkins International Airport, ly installments of $2,143.75, which is as though set forth herein; and Department of Port Control, for a based upon a square-foot rate of $7.00. IF THE SAID Principal shall well period of two years, with three one- Section 2. The Lease authorized by and faithfully perform each and year options to renew, the last of this ordinance shall be prepared by every condition of such contract; and which requires additional legislative the Director of Law. indemnify the Obligee against all authority. Section 3. That this ordinance is damage suffered by failure to per- Whereas, this ordinance consti- declared to be an emergency measure form such contract according to the tutes an emergency measure provid- and, provided it receives the affirma- provisions thereof and in accordance ing for the usual daily operation of tive vote of two-thirds of all the mem- with the plans, details, specifications, a municipal department; now, there- bers elected to Council, it shall take and bills of material therefor; and fore, effect and be in force immediately shall pay all lawful claims of subcon- Be it ordained by the Council of upon its passage and approval by the tractors, materialmen, and laborers the City of Cleveland: Mayor; otherwise it shall take effect for labor performed and materials fur- Section 1. That the Director of Port and be in force from and after the ear- nished in the carrying forward, per- Control is authorized to enter into a liest period allowed by law. forming, or completing said contract; Lease Agreement (“Lease”) with Passed November 25, 2013. we agreeing and assenting that this Frontier Airlines, Inc. (“Lessee”) for Effective November 26, 2013. undertaking shall be for the benefit use and occupancy of approximately of any materialman or laborer having 316 square feet of space located in a just claim as well as for the Obligee Concourse “A” in the passenger termi- herein; then this obligation shall be nal building at Cleveland Hopkins Ord. No. 1514-13. void; otherwise the same shall remain International Airport (“Leased By Council Members Keane and in full force and effect; it being Premises”). The Leased Premises Kelley (by departmental request). expressly understood and agreed that shall be used to provide ramp and pas- An emergency ordinance authoriz- the liability of the Surety for any and senger services to support flight ing the Director of Port Control to all claims hereunder shall in no event activities. The term of the Lease shall enter into a Lease Agreement with exceed the penal amount of this oblig- be for a period of two years, with Standard Parking for the use and ation as herein stated. occupancy of certain space located three one-year options to renew, the THE SAID Surety hereby stipulates near the upper roadway curbside last of which requires additional leg- and agrees that no modifications, check-in area on the far north side islative authority. For use of the omissions, or additions, in or to the of the Passenger Terminal Building Leased Premises, Lessee shall pay terms of said contract or in or to the at Cleveland Hopkins International the City an annual rate of $66,167.24, plans and specifications therefor Airport, Department of Port Control, payable in monthly installments of shall in any wise affect the obliga- for a period of two years, with three $5,513.94, which is based upon a tions of said Surety on this bond, and one-year options to renew, the last it does hereby waive notice of any square-foot rate of $209.39. of which requires additional leg- such modifications, omissions or addi- Section 2. The Lease authorized by islative authority. tions to the terms of the contract or to this ordinance shall be prepared by Whereas, this ordinance consti- the work or to the specifications. the Director of Law. tutes an emergency measure provid- Section 3. That this ordinance is ing for the usual daily operation of SIGNED AND SEALED this _____ declared to be an emergency measure a municipal department; now, there- day of ______, 20___. and, provided it receives the affirma- fore, tive vote of two-thirds of all the mem- Be it ordained by the Council of PRINCIPAL: SURETY: bers elected to Council, it shall take the City of Cleveland: effect and be in force immediately Section 1. That the Director of Port ______upon its passage and approval by the Control is authorized to enter into a Mayor; otherwise it shall take effect Lease Agreement (“Lease”) with BY: ______BY: ______and be in force from and after the ear- Standard Parking (“Lessee”) for use Attorney-in-Fact liest period allowed by law. and occupancy of approximately 170 Passed November 25, 2013. square feet of space located near the TITLE: ______Effective November 26, 2013. upper roadway curbside check-in 1976 December 4, 2013 The City Record 31 area on the far north side of the Pas- Ord. No. 1521-13. receive the funds under the grant; and senger Terminal Building at Cleve- By Council Members Miller and Kel- that the funds are appropriated for land Hopkins International Airport ley (by departmental request). the purposes described in the execu- (“Leased Premises”). The Leased An emergency ordinance authoriz- tive summary for the grant contained Premises shall be used to support the ing the Director of Public Works to in the file below. valet parking services at Cleveland enter into one or more contracts Section 2. That the Director of Com- Hopkins International Airport. The with Gershman, Brickner & Bratton, munity Development is authorized to term of the Lease shall be for a period Inc. to provide professional services apply for and accept a grant in an of two years, with three one-year necessary to assist the City in amount up to $3,000,000, and any other options to renew, the last of which preparing RFPs for a long-term funds that may become available dur- requires additional legislative waste recycling and disposal sys- ing the grant term, from the United authority. For use of the Leased tem, for the Department of Public States Department of Housing and Premises, Lessee shall pay the City Works. Urban Development to conduct either an annual rate of $31,043.76 payable in Whereas, this ordinance consti- the Lead Hazard Reduction Demon- monthly installments of $2,586.98. tutes an emergency measure provid- stration Grant or the Lead Hazard Section 2. The Lease authorized by ing for the usual daily operation of Control Grant; that the Director is this ordinance shall be prepared by a municipal department; now, there- authorized to file all papers and exe- the Director of Law. fore, cute all documents necessary to Section 3. That this ordinance is Be it ordained by the Council of receive the funds under the grant; and declared to be an emergency measure the City of Cleveland: that the funds are appropriated for and, provided it receives the affirma- Section 1. That the Director of Pub- the purposes described in the execu- tive vote of two-thirds of all the mem- lic Works is authorized to enter into tive summary for the grant contained bers elected to Council, it shall take one or more contracts with Gershman, in the file described below. effect and be in force immediately Brickner & Bratton, Inc. (“GBB”) for Section 3. That the executive sum- upon its passage and approval by the professional services necessary assist mary for the grants, presented to the Mayor; otherwise it shall take effect the City in preparing RFPs for a long- Finance Committee of this Council at and be in force from and after the ear- term waste recycling and disposal a public hearing on this legislation liest period allowed by law. system, in the total sum of $170,200, and set forth in File No. 1522-13-A, is Passed November 25, 2013. which is based upon their draft pro- made a part of this ordinance as if Effective November 26, 2013. posal dated September 19, 2013 and is fully rewritten, is approved in all placed in File No. 1521-13-A, for the respects, and shall not be changed Department of Public Works. The without additional legislative author- contract or contracts shall be paid ity. Ord. No. 1515-13. from Fund No. 01-7013-6380, Request Section 4. That the Director of Com- By Council Members Keane and No. RQS 7013, RL 2013-168. munity Development shall have the Kelley (by departmental request). Section 2. That this ordinance is authority to extend the term of the An emergency ordinance authoriz- declared to be an emergency measure grant during the grant term. ing the Director of Port Control to and, provided it receives the affirma- Section 5. That the Director of Com- enter into a Lease Agreement with tive vote of two-thirds of all the mem- munity Development shall deposit the United Airlines for the use and occu- bers elected to Council, it shall take grants accepted under this ordinance pancy of certain space located in the effect and be in force immediately into a fund or funds designated by the South Cargo Facility Building at upon its passage and approval by the Director of Finance to implement the Cleveland Hopkins International Mayor; otherwise it shall take effect program as described in the file and Airport, Department of Port Control, and be in force from and after the ear- appropriated for that purpose. for a period of two years, with three liest period allowed by law. Section 6. That the Director of Com- one-year options to renew, the last Passed November 25, 2013. munity Development is authorized to make one or more written require- of which requires additional leg- Effective November 26, 2013. ment contracts under the Charter and islative authority. the Codified Ordinances of Cleveland, Whereas, this ordinance consti- Ohio, 1976, for the requirements dur- tutes an emergency measure provid- ing the grant terms of the necessary ing for the usual daily operation of Ord. No. 1522-13. items of materials, equipment, sup- a municipal department; now, there- By Council Members Brancatelli plies, and services necessary to imple- fore, and Kelley (by departmental ment the grants as described in the Be it ordained by the Council of request). file, to be purchased by the Commis- the City of Cleveland: An emergency ordinance authoriz- sioner of Purchases and Supplies on a Section 1. That the Director of Port ing the Director of Community unit basis for the Department of Com- Control is authorized to enter into a Development to apply for and accept munity Development. Bids shall be Lease Agreement (“Lease”) with up to two grants from the United taken in a manner that permits an United Airlines (“Lessee”) for use and States Department of Housing and award to be made for all items as a occupancy of approximately 21,371 Urban Development for the Healthy single contract, or by separate con- square feet of space located in the Homes Grant and either the Lead tract for each or any combination of South Cargo Facility Building at Hazard Reduction Demonstration the items as the Board of Control Cleveland Hopkins International Air- Grant or the Lead Hazard Control determines. Alternate bids for a peri- port (“Leased Premises”). The Leased Grant; authorizing the purchase by od less than the specified term may be Premises shall be used for the opera- one or more requirement contracts taken if desired by the Commissioner tion of an air cargo facility. The term of materials, equipment, supplies, of Purchases and Supplies until provi- of the Lease shall be for a period of and services; authorizing the pur- sion is made for the requirements for two years, with three one-year chase or lease of television and the entire term. options to renew, the last of which radio advertising time and other Section 7. That the costs of the con- requires additional legislative media; and authorizing the Director tract or contracts shall be charged authority. For use of the Leased to enter into one or more contracts against the proper appropriation Premises, Lessee shall pay the City with various agencies, entities, or accounts and the Director of Finance an annual rate of $149,597.00, payable individuals to implement the grant. shall certify the amount of the initial in monthly installments of $12,466.42, Whereas, this ordinance consti- purchase, which purchase, together which is based upon a square-foot tutes an emergency measure provid- with all later purchases, shall be rate of $7.00. ing for the usual daily operation of made on order of the Commissioner of Section 2. The Lease authorized by a municipal department; now, there- Purchases and Supplies under a deliv- this ordinance shall be prepared by fore, ery order against the contract or con- the Director of Law. Be it ordained by the Council of tracts certified by the Director of Section 3. That this ordinance is the City of Cleveland: Finance. declared to be an emergency measure Section 1. That the Director of Com- Section 8. That under Section 108(b) and, provided it receives the affirma- munity Development is authorized to of the Charter, the purchases autho- tive vote of two-thirds of all the mem- apply for and accept a grant in an rized by this ordinance may be made bers elected to Council, it shall take amount up to $2,000,000, and any other through cooperative arrangements effect and be in force immediately funds that may become available dur- with other governmental agencies. upon its passage and approval by the ing the grant term, from the United The Director of Community Develop- Mayor; otherwise it shall take effect States Department of Housing and ment may sign all documents that are and be in force from and after the ear- Urban Development to conduct the necessary to make the purchases, and liest period allowed by law. Healthy Homes Grant; that the Direc- may enter into one or more contracts Passed November 25, 2013. tor is authorized to file all papers and with the vendors selected through Effective November 26, 2013. execute all documents necessary to that cooperative process. 1977 32 The City Record December 4, 2013

Section 9. That the Director of Com- islative authority. (RQS 9501, RL tive vote of two-thirds of all the mem- munity Development is authorized to 2013-172) bers elected to Council, it shall take enter into one or more contracts with Section 3. That the Director of Eco- effect and be in force immediately various agencies, entities, or individ- nomic Development is authorized to upon its passage and approval by the uals to implement the grants as enter into one or more contracts with Mayor; otherwise it shall take effect described in the file. various agencies, entities, or individ- and be in force from and after the ear- Section 10. That the Director of uals to provide loans or grants in liest period allowed by law. Community Development is autho- amounts not to exceed $250,000 to Passed November 25, 2013. rized to make one or more written assist with certain environmental Effective November 26, 2013. contracts under the Charter and the remediation costs for eligible pro- Codified Ordinances of Cleveland, jects. Ohio, 1976, for the purchase or lease, Section 4. That the terms of the during the grant terms, of television loans or grants shall be according to Ord. No. 1546-13. and radio advertising time and other the terms set forth in the file. By Council Members Brancatelli media, for the Department of Commu- Section 5. That the Director of Eco- and Kelley (by departmental nity Development. nomic Development is authorized to request). Section 11. That the costs of the con- accept the collateral determined by An emergency ordinance authoriz- tract or contracts authorized by this the Director to secure repayment of ing the Director of Economic Devel- ordinance shall be paid from the fund the loans. Any loan agreements, secu- opment, on behalf of the City of or funds to which are credited the rity instruments, or other documents Cleveland, to enter into one or more grant proceeds accepted under this shall be prepared and approved by the agreements, or amendments to exist- ordinance. Director of Law. ing agreements, with members of Section 12. That this ordinance is Section 6. That the Director of Eco- the Northcoast Brownfield Coalition declared to be an emergency measure nomic Development is authorized to to renew participation as a member and, provided it receives the affirma- charge and accept fees in an amount for a period up to three years. tive vote of two-thirds of all the mem- not to exceed the maximum allowable Whereas, under Ordinance No. bers elected to Council, it shall take fees under federal regulations and 1530-08, passed October 13, 2008, this effect and be in force immediately the fees are appropriated to cover Council authorized the Director of upon its passage and approval by the costs incurred in the preparation of Economic Development to apply for Mayor; otherwise it shall take effect the loan application, closing and ser- membership into a coalition that and be in force from and after the ear- vicing of the loan. The fees shall be will apply for and accept a grant liest period allowed by law. deposited to and expended from a from the United States Environmen- Passed November 25, 2013. loan fees funds to be designated by tal Protection Agency (“United Effective November 26, 2013. the Director of Finance. States EPA”) for various Brownfield Section 7. That the contracts and activities; and other appropriate documents needed Whereas, the name of the coali- to complete the transactions autho- tion is the Northcoast Brownfield Ord. No. 1545-13. rized by this legislation shall be pre- Coalition and consists of the City of By Council Members Brancatelli pared by the Director of Law. Cleveland, Cuyahoga County Depart- and Kelley (by departmental Section 8. That the loan or grant ment of Development, Cuyahoga request). contracts authorized in this legisla- County Board of Health, and the An emergency ordinance authoriz- tion will require the recipient of Cleveland-Cuyahoga County Port Authority; and ing the Director of Economic Devel- financial assistance to work with The Whereas, continued membership opment to apply for and accept a Workforce Investment Board for into this coalition is desired in order grant from United States Environ- Workforce Area No. 3 to identify and to apply for any grants from the mental Protection Agency to con- solicit qualified candidates for job United States EPA, as they become duct a brownfield revolving loan opportunities related to the City’s con- available, and also grant funds from program to make loans or grants to tracts, and place special emphasis on various entities, in order to contin- assist with certain environmental the hard to employ, including but not ue and supplement this successful limited to the disabled and persons remediation costs for eligible pro- program; and jects; and authorizing the director to who have been convicted of or have Whereas, this ordinance consti- enter into one or more contracts pled guilty to a criminal offense, tutes an emergency measure provid- with various agencies, entities, or unless the criminal conviction or ing for the usual daily operation of individuals to implement the grant. related circumstances relate to the a municipal department; now, there- Whereas, this ordinance consti- duties for the particular job sought. fore, tutes an emergency measure provid- Section 9. That any loan or grant Be it ordained by the Council of ing for the usual daily operation of entered into under this ordinance the City of Cleveland: a municipal department; now, there- shall be authorized when approved by Section 1. That the Director of Eco- fore, the Cleveland Citywide Development nomic Development, on behalf of the Be it ordained by the Council of Corporation and the Mayor, and the City of Cleveland, is authorized to the City of Cleveland: Council Member in whose ward the enter into one or more agreements, or Section 1. That the Director of Eco- project is being given assistance amendments to existing agreements, nomic Development is authorized to shall submit a letter of support for the with members of the Northcoast apply for and accept a grant in an project. The Director of Economic Brownfield Coalition to renew partic- amount up to $1,000,000, from the Unit- Development shall notify the Council ipation as a member for a period up to ed States Environmental Protection Member in whose ward the project three years, which include applying Agency to conduct a brownfield will occur before it has been approved for and accepting grants and adminis- revolving loan program to make by the Cleveland Citywide Develop- tering grant funds received. loans or grants to assist with certain ment Corporation. Section 2. That, as a member of the environmental remediation costs for Section 10. That the Director of Eco- Northcoast Brownfield Coalition, the eligible projects; that the Director is nomic Development is authorized to Director of Economic Development on authorized to file all papers and exe- accept the grant funds authorized by behalf of the City of Cleveland, is cute all documents necessary to this ordinance and deposit the monies authorized to apply for and accept receive the funds under the grant; and into a fund designated by the Director one or more grants from the United that the funds are appropriated for of Finance; and to accept repayment States EPA and to apply for and the purposes described in the execu- of the loans and to deposit the monies accept one or more grants from other tive summary for the grant contained into a fund or fund to be designated entities to conduct various brownfield in the file described below. by the Director of Finance. assessment activities consistent with Section 2. That the executive sum- Section 11. That the costs of each its membership in the Northcoast mary for the grant, presented to the loan or grant shall be paid from the Brownfield Coalition. Finance Committee of this Council at fund or funds to which are credited Section 3. That, as a member of the a public hearing on this legislation the proceeds of the grant accepted Northcoast Brownfield Coalition, the and set forth in File No. 1545-13-A, is under this ordinance, the cash match, Director of Economic Development on made a part of this ordinance as if and from the fund or fund to which behalf of the City of Cleveland, is fully rewritten, including the obliga- are credited any loan repayments authorized to file any papers and exe- tion of the City of Cleveland to pro- made from loans authorized under cute all documents necessary to par- vide cash matching funds in the this ordinance, and are appropriated ticipate in the coalition and to imple- required amount of 20% of the grant for this purpose. ment any grants authorized in this amount received, up to $200,000, is Section 12. That this ordinance is ordinance. approved in all respects, and shall not declared to be an emergency measure Section 4. That this ordinance is be changed without additional leg- and, provided it receives the affirma- declared to be an emergency measure 1978 December 4, 2013 The City Record 33 and, provided it receives the affirma- Section 1. That the improvements to Whereas, this ordinance consti- tive vote of two-thirds of all the mem- be constructed by Victory Midtown, tutes an emergency measure provid- bers elected to Council, it shall take LLC, or its designee, (“Redeveloper”), ing for the usual daily operation of effect and be in force immediately as more fully described in File No. a municipal department; now, there- upon its passage and approval by the 1548-13-A (“Improvements”) on the fore, Mayor; otherwise it shall take effect Real Property, are declared to be a Be it ordained by the Council of and be in force from and after the ear- public purpose for purposes of Section the City of Cleveland: liest period allowed by law. 5709.41 of the Revised Code. Section 1. That Section 17 of Ordi- Passed November 25, 2013. Section 2. That one hundred percent nance No. 908-12, passed August 8, Effective November 26, 2013. (100%) of the Improvements are 2012, as amended by Ordinance No. declared exempt from real property 1096-13, passed September 30, 2013, is taxation for a period of 30 years; and amended to read as follows: that in no event shall the exemption Section 17. That the cost of the Ord. No. 1548-13. period extend beyond 2044. Improvement, contracts, property By Council Members Cleveland, Section 3. That, under Section acquisition, or other expenditure Brancatelli and Kelley (by depart- 5709.41 of the Revised Code, Redevel- authorized in this ordinance shall be mental request). oper (or the owners of the Improve- paid from Fund Nos. 20 SF 380, 20 SF ments) shall make service payments An emergency ordinance authoriz- 383, 20 SF 394, 20 SF 500, 20 SF 506, 20 for a period of 30 years in lieu of the ing the Director of Economic Devel- SF 510, 20 SF 520, 20 SF 528, 20 SF 534, exempt taxes to the Cuyahoga County opment to enter into a Tax Incre- 20 SF 540, 20 SF 546, 52 SF 001, 54 SF ment Financing Agreement with Treasurer; the payments shall be charged and collected in the same 001, 58 SF 230 and from the fund or Victory Midtown, LLC or its funds which are credited the funds designee, to provide for the rede- manner, and shall be in an amount not less than the taxes that would have received under the Local Public velopment of the property known as been paid had the Improvements not Agency Agreement with the Ohio the Victory Building located at 7012 been exempt from taxation. Department of Transportation autho- Euclid Avenue, and other associated Section 4. That a portion of the ser- rized by this ordinance and which costs necessary to redevelop the vice payments collected under Section funds are appropriated for this pur- property; to provide for payments to 3 of this ordinance shall be distrib- pose. Request No. RQS 0103, RL 2012- the Cleveland City School District; uted by the Cuyahoga County Trea- 118. and to declare certain improvements surer to the Treasurer of the District Section 2. That existing Section 17 to real property to be a public pur- in the amount of the taxes that would of Ordinance No. 908-12, passed pose. have been payable to the District had August 8, 2012, as amended by Ordi- Whereas, under Section 5709.41 of the Improvement not been exempt nance No. 1096-13, passed September the Revised Code, improvements to from taxation. 30, 2013, is repealed. real property may be declared to be Section 5. That the Director of Eco- Section 3. That this ordinance is a public purpose where fee title to nomic Development is authorized to declared to be an emergency measure the real property was, at one time, enter into an agreement or agree- and, provided it receives the affirma- held by the City of Cleveland and ments with Redeveloper to provide tive vote of two-thirds of all the mem- the real property is then leased or for the exemption and service pay- bers elected to Council, it shall take conveyed by the City; and ments described in this ordinance, effect and be in force immediately Whereas, under the authority of including agreements securing the upon its passage and approval by the Ordinance No. 1514-11, passed Octo- payments described in this ordinance, Mayor; otherwise it shall take effect ber 24, 2011, and prior to the adop- which agreement or agreements shall and be in force from and after the ear- tion of this ordinance, the City contain those terms contained in the liest period allowed by law. approved and completed executive summary which has been Passed November 25, 2013. Whereas, under the authority of placed in the file mentioned above. Effective November 25, 2013. Ordinance No. 1514-11, passed Octo- Section 6. That under Section ber 24, 2011, and prior to the adop- 5709.43 of the Revised Code, there is tion of this ordinance, the City established an Urban Redevelopment approved and completed both the Tax Increment Equivalent Fund into Ord. No. 1550-13. acquisition and conveyance of fee which shall be deposited service Pay- By Council Members Brancatelli title to certain real property, for the ments in Lieu of Taxes (“PILOTS”) which is more particularly described which shall be used for the purpose of and Kelley (by departmental in the documents set forth this ordi- funding project debt or for other eco- request). nance (the “Real Property’); and nomic development purposes as deter- An emergency ordinance to amend Whereas, under Section 5709.41 of mined by the Director of Economic Sections 1, 4, and 5 of Ordinance No. the Revised Code, the improvements Development. 1219-11, passed October 10, 2011, declared to be a public purpose may Section 7. That it is found and deter- relating to a Tax Increment Financ- be exempt from real property taxa- mined that all formal actions of this ing Agreement with Optima 777, tion; and Council concerning and relating to LLC, as the designee of Sage Hos- the passage of this ordinance were Whereas, under Section 5709.41 of pitality, or its designee, to provide adopted in open meetings of this the Revised Code, the owners of the for the acquisition, some demolition, Council, and any of its committees improvements may be required to and complete renovation of the for- that resulted in formal action were in make annual service payments in mer Crowne Plaza Hotel located at meetings open to the public in compli- 777 St. Clair Avenue for the Westin lieu of taxes that would have been ance with the law. paid had the improvement not been Cleveland Hotel. Section 8. That this ordinance is Whereas, this ordinance consti- exempt; and declared to be an emergency measure Whereas, under Section 5709.41 of tutes an emergency measure provid- and, provided it receives the affirma- ing for the usual daily operation of the Revised Code, the exemption tive vote of two-thirds of all the mem- a municipal department; now, there- may exceed 75% of the improve- bers elected to Council, it shall take fore, ments for up to 30 years when a por- effect and be in force immediately Be it ordained by the Council of tion of the service payments so col- upon its passage and approval by the lected are distributed to the Cleve- Mayor; otherwise it shall take effect the City of Cleveland: land City School District (“District”) and be in force from and after the ear- Section 1. That Sections 1, 4, and 5 of in an amount equal to the amount liest period allowed by law. Ordinance No. 1219-11, passed October the District would have received Passed November 25, 2013. 10, 2011, are amended to read as fol- had the improvement not been Effective November 26, 2013. lows: exempt; and Section 1. That the improvements to Whereas, the District has been be constructed by Optima 777, LLC, as notified of the intent to enter into the designee of Sage Hospitality, or the agreement authorized by this Ord. No. 1549-13. its designee (“Redeveloper”), as more ordinance in compliance with Sec- By Council Members Miller, Cleve- fully described in File No. 1219-11-B tions 5709.41(C)(4) and 5709.83 of land and Kelley (by departmental [duplicate in File No. 1550-13-A] the Revised Code; and request). (“Improvements”) on the Real Proper- Whereas, this ordinance consti- An emergency ordinance to amend ty, are declared to be a public purpose tutes an emergency measure provid- Section 17 of Ordinance No. 908-12, for purposes of Section 5709.41 of the ing for the usual daily operation of passed August 8, 2012, as amended Revised Code. a municipal department; now, there- by Ordinance No. 1096-13, passed Sep- Section 4. That a portion of the ser- fore, tember 30, 2013, relating to the Deni- vice payments collected under Section Be it ordained by the Council of son Avenue underground ductbank 3 of this ordinance shall be distrib- the City of Cleveland: and resurfacing project. uted by the Cuyahoga County Trea- 1979 34 The City Record December 4, 2013 surer to the Treasurer of the District in accordance with the terms in the may propose these in the amount of the taxes that would Lease; and types of Capital Repairs to be made have been payable to the District had Whereas, under the Lease, capital by the City from the proceeds of the the Improvements not been exempted repairs include, among other things, $12 Million Deposit during the follow- from taxation and that the remainder repairs necessary to maintain the ing construction season for so long as of the service payments collected structural integrity of the Stadium any remaining proceeds of the deposit under Section 3 of this ordinance shall and preserve its usefulness as a exist. After review, the City will be deposited into a Westin Cleveland sports facility; and determine whether the proposed work Hotel Urban Redevelopment Tax Whereas, the renovation proposal is a Capital Repair meeting one of the Increment Equivalent Fund (the announced by the Cleveland Browns above types to be made by the City at “Westin Cleveland Hotel TIF fund”) includes capital repairs that are the the Stadium during the following cal- that is hereby established in accor- responsibility of the City to perform endar year. The Cleveland Browns at dance with Section 5709.43 of the over the balance of the Lease term; its cost may prepare the plans and Revised Code. The amounts deposited and specifications for the Capital Repairs into the Westin Cleveland Hotel TIF Whereas, the Cleveland Browns authorized by the City and supply Fund initially shall be used in accor- have proposed to finance the full them to the City. If the Cleveland dance with the Westin Cleveland cost of the repairs and improve- Browns want to prepare the plans and Hotel TIF Cooperative Agreement ments announced by them, up to an specifications and be reimbursed for (as authorized in Section 5) and for estimated cost of $120 million, the cost from the Capital Repair Fund any additional debt as determined including professional fees and under the Lease, the City will, upon and approved by the Director of Eco- other soft costs; and ordinance authority, enter into an nomic Development. Whereas, the repairs and improve- agreement to reimburse these costs Section 5. That the Director of Eco- ments made to the Stadium by the from the Capital Repair Fund. If the nomic Development (the “Director”) Cleveland Browns become the prop- City determines that proposed work is is authorized to sign and deliver, in erty of the City upon completion; a Capital Repair meeting one of the the name and on behalf of the City, and above types to be made by the City at the Westin Hotel TIF Cooperative Whereas, the repairs and improve- the Stadium during the following cal- Agreement, with Optima 777, LLC, ments made to the Stadium by the endar year, the City will bid and con- tract for the making of the work fol- and Cuyahoga County, together with Cleveland Browns will help to lowing City procedures from the $12 any future amendments that are not ensure that the Stadium remains a Million Deposit within an available inconsistent with this ordinance, are sound and valuable asset of the City construction time period of January not materially adverse to the City and over the remainder of the Lease through July 31st. All contractors to are approved by the Director, all of term; and be selected for work paid from the $12 which shall be conclusively evi- Whereas, this ordinance consti- Million Deposit will meet prequalifi- denced by the signing of the Westin tutes an emergency measure provid- cation criteria mutually agreed upon Cleveland Hotel TIF Cooperative ing for the usual daily operation of by the City and the Cleveland Browns. Agreement by the Director. The a municipal department; now, there- The City shall receive a credit Director is further authorized to enter fore, against the scheduled deposits into an agreement or agreements Be it ordained by the Council of required by Schedule 14(f) of the with Optima 777, LLC, or its designee, the City of Cleveland: Lease in the amount of $7,500,000 in to provide (i) for the exemption and Section 1. That the Directors of Pub- calendar year 2025 and $4,500,000 in service payments described in this lic Works and Finance are authorized calendar year 2024 because of the $12 ordinance, including agreements to enter into an agreement with the Million Deposit. This provision securing the payments described in Cleveland Browns that provides as applies solely to the making of Capi- Section 3 of this ordinance, and (ii) follows: tal Repairs from the proceeds of the for the use of the service payments (a) The Cleveland Browns agree to $12 Million Deposit and shall not alter for any additional debt as determined finance and make up to an estimated or amend the provisions of the Lease and approved by the Director of Eco- $120 million in repairs and improve- for any other purpose, though any nomic Development. ments to the Stadium in two phases in inconsistencies between this provi- Section 2. That existing Sections 1, 2014 and 2015, including professional sion and the Lease will be resolved in 4, and 5 of Ordinance No. 1219-11, fees and other soft costs; favor of this provision; and passed October 10, 2011, are repealed. (b) Commencing on or before June (d) Should the City in the future Section 3. That this ordinance is 1, 2014 and on or before June 1st of increase the rate of the admission tax declared to be an emergency measure each calendar year during the term of to be paid for admission to events at and, provided it receives the affirma- the Lease thereafter and subject to the Stadium, the City agrees to tive vote of two-thirds of all the mem- annual appropriation, the City shall deposit into the Capital Repair Fund, bers elected to Council, it shall take pay the Cleveland Browns Two Mil- subject to annual appropriation, an effect and be in force immediately lion Dollars ($2 million) per year for amount equal to the increase in the upon its passage and approval by the fifteen (15) years, the remaining full admission taxes collected at the Sta- Mayor; otherwise it shall take effect term years under the Lease; dium. The deposited funds will then and be in force from and after the ear- (c) On or before January 2, 2016, the be available for Capital Repairs at liest period allowed by law. City shall deposit $12 million in the the Stadium pursuant to the provi- Passed November 25, 2013. Capital Repair Fund established sions of the Lease. Effective November 26, 2013. under the Lease (the “$12 Million Section 2. That the agreement Deposit”) to be used exclusively for authorized shall be prepared by the making the following types of Capi- Director of Law and shall contain tal Repairs under the Lease as pro- such terms and conditions necessary Ord. No. 1578-13. posed by the Cleveland Browns: to protect the City’s interest. By Council Members K. Johnson (1) Structural repairs, including Section 3. That this ordinance is and Kelley (by departmental painting the structural steel frame; declared to be an emergency measure request). (2) Waterproofing/coating, includ- and, provided it receives the affirma- An emergency ordinance authoriz- ing traffic coating on all ramps and tive vote of two-thirds of all the mem- ing an agreement with the Cleve- concourse surfaces; bers elected to Council, it shall take land Browns Stadium Company LLC (3) Roof repairs and replacement; effect and be in force immediately relating to making capital repairs (4) Escalator/elevator repair and upon its passage and approval by the and improvements to the First Ener- replacement; Mayor; otherwise it shall take effect gy Stadium. (5) Concrete/asphalt work, includ- and be in force from and after the ear- Whereas, the Cleveland Browns ing crack, joint and spall repair; liest period allowed by law. Stadium Company LLC (the “Cleve- (6) Lighting repair and replace- Passed November 25, 2013. land Browns”) have announced a 2- ment; Effective November 25, 2013. year renovation proposal for First (7) Building system repairs and Energy Stadium (the “Stadium”) replacement for the following sys- designed to address certain capital tems; repairs and to improve the fan expe- (i) Plumbing, Ord. No. 1579-13. rience here in Cleveland; and (ii) Electrical, By Council Member Kelley (by Whereas, under the Lease by Way (iii) HVAC, and departmental request). of Concession between Cleveland (iv) Pump station; An emergency ordinance approv- and the Cleveland Browns (the (8) Exterior facade cleaning; and ing the collective bargaining agree- “Lease”), Cleveland is required to (9) Expansion joint replacement. ment with the Cleveland Building make capital repairs to the Stadium Annually commencing in 2015, the and Construction Trades Council. 1980 December 4, 2013 The City Record 35

Whereas, this ordinance consti- and be in force from and after the ear- Whereas, this ordinance consti- tutes an emergency measure provid- liest period allowed by law. tutes an emergency measure provid- ing for the usual daily operation of Passed November 25, 2013. ing for the usual daily operation of a municipal department; now, there- Effective November 26, 2013. a municipal department; now, there- fore, fore, Be it ordained by the Council of Be it ordained by the Council of the City of Cleveland: the City of Cleveland: Section 1. That under division (B) Ord. No. 1581-13. Section 1. That the Director of Pub- of Section 4117.10 of the Revised Code, By Council Members Cimperman lic Health is authorized to apply for this Council approves the collective and Kelley (by departmental and accept a grant in the approximate bargaining agreement with the request). amount of $871,300, and any other Cleveland Building and Construction An emergency ordinance authoriz- funds as they become available dur- Trades Council, under the terms con- ing the Director of Public Health to ing the grant term, from the Ohio tained in File No. 1579-13-A, for the enter into one or more agreements Department of Health and the Acade- period from April 1, 2013 through with the Cuyahoga County Board of my of Educational Development, to March 31, 2016. Health to provide clinical services conduct the 2014 Federal AIDS Pre- Section 2. That this ordinance is and to accept reimbursement pay- vention Program, for the purposes in declared to be an emergency measure ments for services provided under the summary and according thereto; and, provided it receives the affirma- the agreement. that the Director of Public Health is tive vote of two-thirds of all the mem- Whereas, the Cuyahoga County authorized to file all papers and exe- bers elected to Council, it shall take Board of Health has received a cute all documents necessary to effect and be in force immediately grant from the State of Ohio to con- receive the funds under the grant; and upon its passage and approval by the duct the Ohio Breast and Cervical the funds are appropriated for the Mayor; otherwise it shall take effect Cancer Prevention Program; and purposes in the summary for the and be in force from and after the ear- Whereas, the City of Cleveland grant. liest period allowed by law. wishes to participate in their grant Section 2. That the summary for the Passed November 25, 2013. by providing clinical services to grant, File No. 1582-13-A, made a part Effective November 26, 2013. individuals referred to the City by of this ordinance as if fully rewritten, the County; and as presented to the Finance Commit- Whereas, the City of Cleveland tee of this Council at the public hear- will receive reimbursement pay- ing on this legislation, is approved in Ord. No. 1580-13. ments from the County through all respects and shall not be changed By Council Members Cimperman their Ohio Breast and Cervical Can- without additional legislative author- and Kelley (by departmental cer Prevention Program, for clinical ity. request). services performed on referred indi- Section 3. That the Director of Pub- An emergency ordinance authoriz- viduals; and lic Health is authorized to enter into ing the Director of Public Health to Whereas, this ordinance consti- one or more contracts to implement enter into one or more contracts tutes an emergency measure provid- the program as described in the sum- with various entities or agencies to ing for the usual daily operation of mary contained in the file with the generate program income including a municipal department; now, there- following agencies, in the following but not limited to the rental of the fore, approximate amounts: Healthmobile. Be it ordained by the Council of Whereas, under Ordinance No. 596- the City of Cleveland: Agency Amount 09, passed May 11, 2009, this Coun- Section 1. That the Director of Pub- cil authorized the Director of Public lic Health is authorized to enter into AIDS Taskforce of Health to apply for and accept a one or more agreements with the Greater Cleveland $ 65,000.00 Moms First Program grant with a Cuyahoga County Board of Health in grant term of five years; and order for the City of Cleveland to pro- Cleveland Treatment Whereas, one of the City’s obliga- vide services under the County’s Ohio Center $106,400.00 tions under this grant is to gener- Breast and Cervical Cancer Preven- ate program income which will ful- tion Program, and to receive and Free Clinic of Greater fill obligations under the Moms accept reimbursement payments for Cleveland $ 70,000.00 First grant; and services provided to individuals Whereas, this council also deter- referred to the City by the County. MetroHealth Medical mines that it is in the public inter- Section 2. That the reimbursement Center $130,000.00 est to rent the City’s Healthmobile payments collected under this ordi- to various entities or agencies to nance shall be deposited into a fund Northeast Ohio Neighborhood provide on-site access for citizens to to be determined by the Director of Health Services, Inc. receive health-related information Finance and will be used for purchas- (“NEON”) $ 60,000.00 and to receive clinical services and es and training needed to provide and finds a public purpose in the pas- maximize the City services, and are Planned Parenthood of sage of this legislation; and appropriated for that purpose. Greater Ohio $ 75,000.00 Whereas, this ordinance consti- Section 3. That this ordinance is tutes an emergency measure provid- declared to be an emergency measure Recovery Resources $ 56,000.00 ing for the usual daily operation of and, provided it receives the affirma- a municipal department; now, there- tive vote of two-thirds of all the mem- Regional Advisory Group $ 3,000.00 fore, bers elected to Council, it shall take Be it ordained by the Council of effect and be in force immediately TOTAL $565,400.00 the City of Cleveland: upon its passage and approval by the Section 1. That the Director of Pub- Mayor; otherwise it shall take effect In addition, the approximate sum of lic Health is authorized to enter into and be in force from and after the ear- $108,289 is appropriated to the Depart- one or more agreements with various liest period allowed by law. ment of Public Health for administra- entities or agencies to accept pro- Passed November 25, 2013. tive costs of implementing this pro- gram income, and collect and charge Effective November 26, 2013. gram and the approximate sum of fees for the rental of the Healthmo- $197,611 is appropriated to the Depart- bile during the grant term authorized ment of Public Health for the opera- in Ordinance No. 596-09. The rental tion of the Disease Intervention Spe- fees shall be $46.88 per hour pursuant Ord. No. 1582-13. cialist Services Program and services to the agreement and shall be deposit- By Council Members Cimperman conducted by the Department. ed into Fund No. 19 SF 752 which will and Kelley (by departmental Section 4. That the Director of Pub- be used to provide services under the request). lic Health shall have the authority to program. An emergency ordinance authoriz- extend the term of the grant during Section 2. That this ordinance is ing the Director of Public Health to the grant term and shall have the declared to be an emergency measure apply for and accept a grant from authority to enter into one or more and, provided it receives the affirma- the Ohio Department of Health and contracts with additional agencies or tive vote of two-thirds of all the mem- the Academy of Educational Devel- entities as approved by the grantors. bers elected to Council, it shall take opment for the 2014 Federal AIDS Section 5. That the Director of Pub- effect and be in force immediately Prevention Program; and to enter lic Health shall deposit the grant upon its passage and approval by the into contract with various agencies accepted under this ordinance into a Mayor; otherwise it shall take effect to implement the program. fund or funds designated by the 1981 36 The City Record December 4, 2013

Director of Finance to implement the program as described in the file and ing on this legislation and set forth in program as described in the file and appropriated for that purpose. File No. 1584-13-A, is made a part of appropriated for that purpose. Section 6. That the Director of Pub- this ordinance as if fully rewritten, Section 6. That the cost of the con- lic Health is authorized to charge and including the obligation to devote tracts authorized in this ordinance accept fees from participants of this program income from first and third shall be paid from the fund or funds to program, according to the sliding fee party billings, estimated at $10,000, is which are credited the grant proceeds scale placed in the file, and to deposit approved in all respects, and shall not accepted under this ordinance. those fees into a revolving fund be changed without additional leg- Section 7. That this ordinance is which will be used to provide addi- islative authority. declared to be an emergency measure tional materials equipment, supplies, Section 3. That the Director of Pub- and, provided it receives the affirma- and services under the program lic Health shall have the authority to tive vote of two-thirds of all the mem- described in the file, and the funds extend the term of the grant during bers elected to Council, it shall take are appropriated for that purpose. the grant term. effect and be in force immediately Section 7. That, unless expressly Section 4. That the Director of Pub- upon its passage and approval by the prohibited by the grant agreement, lic Health is authorized to enter into Mayor; otherwise it shall take effect under Section 108(b) of the Charter, one or more agreements with Medic- and be in force from and after the ear- purchases made under the grant aid and Medicaid HMOs to receive liest period allowed by law. agreement may be made through payments under this ordinance. Passed November 25, 2013. cooperative arrangements with other Section 5. That the Director of Pub- Effective November 26, 2013. governmental agencies. The Director of Public Health may sign all docu- lic Health is authorized to charge and ments and do all things that are nec- accept fees from participants of this essary to make the purchases, and program and to deposit those fees into Ord. No. 1583-13. may enter into one or more contracts a revolving fund which will be used to By Council Members Cimperman with the vendors selected through provide additional materials equip- and Kelley (by departmental that cooperative process. ment, supplies, and services under the request). Section 8. That the costs of the con- program described in the file, and the An emergency ordinance authoriz- tract or contracts authorized by this funds are appropriated for that pur- ing the Director of Public Health to ordinance shall be paid from the fund pose. apply for and accept a grant from or funds to which are credited the Section 6. That the Director of Pub- the Alcohol Drug Addiction and grant proceeds, Medicaid payments lic Health shall deposit the grant Mental Health Services Board of accepted under this ordinance, and accepted under this ordinance into a Cuyahoga County for the 2014 Men- from the fund or funds to which are fund or funds designated by the tal Health and Substance Abuse Pre- credited any fees received under this Director of Finance to implement the vention Program; and to enter into program. program as described in the file and one or more agreements with the Section 9. That this ordinance is appropriated for that purpose. Board for the City to receive pay- declared to be an emergency measure Section 7. That, unless expressly ments from the Medicaid program. and, provided it receives the affirma- prohibited by the grant agreement, Whereas, this ordinance consti- tive vote of two-thirds of all the mem- under Section 108(b) of the Charter, tutes an emergency measure provid- bers elected to Council, it shall take purchases made under the grant ing for the usual daily operation of effect and be in force immediately agreement may be made through a municipal department; now, there- upon its passage and approval by the cooperative arrangements with other fore, Mayor; otherwise it shall take effect governmental agencies. The Director Be it ordained by the Council of and be in force from and after the ear- of Public Health may sign all docu- the City of Cleveland: liest period allowed by law. ments and do all things that are nec- Section 1. That the Director of Pub- Passed November 25, 2013. essary to make the purchases, and lic Health is authorized to apply for Effective November 26, 2013. may enter into one or more contracts and accept a grant in the approximate with the vendors selected through amount of $305,971 and any other that cooperative process. The con- funds that may become available dur- tracts will be paid from the fund or ing the grant term, from the Alcohol Ord. No. 1584-13. funds to which are credited any grant Drug Addiction and Mental Health By Council Members Cimperman funds and program income accepted Services Board of Cuyahoga County and Kelley (by departmental under this ordinance. to conduct the 2014 Mental Health and request). Section 8. That this ordinance is Substance Abuse Prevention Pro- An emergency ordinance authoriz- declared to be an emergency measure gram; that the Director of Public ing the Director of Public Health to Health is authorized to file all papers apply for and accept a grant from and, provided it receives the affirma- and execute all documents necessary the Cuyahoga County Board of tive vote of two-thirds of all the mem- to receive the funds under the grant; Health for the 2014 Immunization bers elected to Council, it shall take and that the funds are appropriated Action Plan Program; authorizing effect and be in force immediately for the purposes set forth in the sum- the Director to charge and accept upon its passage and approval by the mary for the grant contained in the fees for this program; and authoriz- Mayor; otherwise it shall take effect file described below. ing one or more agreements with and be in force from and after the ear- Section 2. That the summary for the Medicaid and Medicaid HMOs for liest period allowed by law. grant, presented to the Finance Com- the City to receive payments. Passed November 25, 2013. mittee of this Council at a public hear- Whereas, this ordinance consti- Effective November 26, 2013. ing on this legislation and set forth in tutes an emergency measure provid- File No. 1583-13-A, is made a part of ing for the usual daily operation of this ordinance as if fully rewritten, is a municipal department; now, there- approved in all respects, and shall not fore, Ord. No. 1585-13. be changed without additional leg- Be it ordained by the Council of By Council Members Cimperman islative authority. the City of Cleveland: and Kelley (by departmental Section 3. That the Director of Pub- Section 1. That the Director of Pub- request). lic Health is authorized to enter into lic Health is authorized to apply for An emergency ordinance authoriz- one or more agreements with the and accept a grant in the approximate ing the Director of Public Health to Alcohol Drug Addiction and Mental amount of $95,340, and any other apply for and accept a grant from Health Services Board of Cuyahoga funds as they become available dur- Cuyahoga County Solid Waste Man- County for the City to receive pay- ing the grant term, from the Cuya- agement District for the 2014 Solid ments from the Medicaid programs hoga County Board of Health, to con- Waste Disposal Program. for alcohol drug addiction and mental duct the 2014 Immunization Action Whereas, this ordinance consti- health services provided by the City. Plan Program; that the Director of tutes an emergency measure provid- Section 4. That the Director of Pub- Public Health is authorized to file all ing for the usual daily operation of lic Health shall have the authority to papers and execute all documents a municipal department; now, there- extend the term of the grant during necessary to receive the funds under fore, the grant term. the grant; and that the funds are Be it ordained by the Council of Section 5. That the Director of Pub- appropriated for the purposes in the the City of Cleveland: lic Health shall deposit the grant summary for the grant. Section 1. That the Director of Pub- accepted under this ordinance into a Section 2. That the summary for the lic Health is authorized to apply for fund or funds designated by the grant, presented to the Finance Com- and accept a grant in the approximate Director of Finance to implement the mittee of this Council at a public hear- amount of $70,000, and any other 1982 December 4, 2013 The City Record 37 funds that may become available dur- Section 1. That the Director of Pub- and be in force from and after the ear- ing the grant term, from the Cuya- lic Health is authorized to apply for liest period allowed by law. hoga County Solid Waste Manage- and accept a grant in the approximate Passed November 25, 2013. ment District to conduct the 2014 Solid amount of $131,288, and any other Effective November 26, 2013. Waste Disposal Program; that the funds as they become available dur- Director is authorized to file all ing the grant term, from the Ohio papers and execute all documents Department of Health, to conduct the necessary to receive the funds under 2014 STD Control Prevention Pro- Ord. No. 1587-13. the grant; and that the funds are gram, for the purposes in the summa- By Council Members Cimperman, appropriated for the purposes ry and budget and according thereto; Brancatelli and Kelley (by depart- described in the Summary for the that the Director of Public Health is mental request). grant contained in the file described authorized to file all papers and exe- An emergency ordinance appropri- below. cute all documents necessary to ating Community Development Section 2. That the Summary for the receive the funds under the grant; and Block Grant funds for expenses of grant, File No. 1585-13-A, made a part that the funds are appropriated for the Childhood Lead Prevention Pro- of this ordinance as if fully rewritten, the purposes in the summary for the gram through the Department of Public Health; and authorizing the as presented to the Finance Commit- grant. Director of Public Health to enter tee of this Council at the public hear- Section 2. That the summary for the into one or more contracts with var- ing on this legislation, is approved in grant, File No. 1586-13-A, made a part ious agencies, entities, and individ- all respects and shall not be changed of this ordinance as if fully rewritten, uals in conjunction with the pro- without additional legislative author- as presented to the Finance Commit- gram. ity. tee of this Council at the public hear- Whereas, the City of Cleveland Section 3. That the Director of Pub- ing on this legislation, is approved in receives Community Development lic Health shall have the authority to all respects and shall not be changed Block Grant (“CDBG”) funds from extend the term of the grant during without additional legislative author- the United States Government; and the grant term. ity. Whereas, the City, through the Section 4. That the Director of Pub- Section 3. That the Director of Pub- Department of Community Develop- lic Health shall deposit the grant lic Health is authorized to enter into ment, uses CDBG funds for housing accepted under this ordinance into a one or more contracts with various development, home repair, and home fund or funds designated by the agencies or entities to implement the improvement; and Director of Finance to implement the grant as described in the file. Whereas, the Department of Com- program as described in the file and Section 4. That the Director of Pub- munity Development is working appropriated for that purpose. lic Health shall have the authority to with the Department of Public Section 5. That, unless expressly extend the term of the grant during Health on lead poisoning prevention prohibited by the grant agreement, the grant term. activities along with Environmental under Section 108(b) of the Charter, Section 5. That the Director of Pub- Health Watch and other partners; purchases made under the grant lic Health is authorized to enter into and agreement may be made through an agreement with the Ohio Depart- Whereas, the Department of Com- cooperative arrangements with other ment of Health for the City to receive munity Development will support governmental agencies. The Director payments from the Medicaid pro- the Department of Public Health’s of Public Health may sign all docu- grams to implement this ordinance. activity by providing CDBG funding; ments and do all things that are nec- Section 6. That the Director of Pub- and essary to make the purchases, and lic Health is authorized to charge and Whereas, this ordinance consti- may enter into one or more contracts accept fees from participants of this tutes an emergency measure provid- with the vendors selected through program and to deposit those fees into ing for the usual daily operation of that cooperative process. The con- a revolving fund which will be used to a municipal department; now, there- tracts will be paid from the fund or provide additional materials equip- fore, funds to which are credited any grant ment, supplies, and services under the Be it ordained by the Council of funds accepted under this ordinance. program described in the file, and the the City of Cleveland: Section 6. That this ordinance is funds are appropriated for that pur- Section 1. That, as a Subrecipient Grantee of CDBG funds for the declared to be an emergency measure pose. Department of Community Develop- and, provided it receives the affirma- Section 7. That the Director of Pub- ment, the Director of Public Health is tive vote of two-thirds of all the mem- lic Health shall deposit the grant authorized to enter into one or more bers elected to Council, it shall take accepted under this ordinance into a contracts with various agencies, enti- effect and be in force immediately fund or funds designated by the ties, and individuals for laboratory upon its passage and approval by the Director of Finance to implement the services, case management services, Mayor; otherwise it shall take effect program as described in the file and conducting community collaboration, and be in force from and after the ear- appropriated for that purpose. community outreach, education, and liest period allowed by law. Section 8. That, unless expressly investigations, and CDBG funds in Passed November 25, 2013. prohibited by the grant agreement, the amount not to exceed $75,000 are Effective November 26, 2013. under Section 108(b) of the Charter, appropriated for costs of the Depart- purchases made under the grant ment of Public Health associated agreement may be made through with conducting the Childhood Lead cooperative arrangements with other Poisoning Prevention Program. Ord. No. 1586-13. governmental agencies. The Director Section 2. That prior to expending By Council Members Cimperman of Public Health may sign all docu- funds under this ordinance, the Direc- and Kelley (by departmental ments and do all things that are nec- tor of Public Health and the Director request). essary to make the purchases, and of Community Development shall An emergency ordinance authoriz- may enter into one or more contracts enter into a memorandum of under- ing the Director of Public Health to with the vendors selected through standing for this program. apply for and accept a grant from that cooperative process. Section 3. That the cost of the con- the Ohio Department of Health for Section 9. That the costs of the con- tract or contracts, and administrative the 2014 STD Control Prevention tract or contracts authorized by this costs referred to in Section 1, autho- Program; authorizing the Director to ordinance shall be paid from the fund rized in this ordinance shall not enter into contracts with various or funds to which are credited the exceed $75,000 and shall be paid from agencies or entities to implement grant proceeds, Medicaid payments Fund No. 14 SF 039. the grant; and to enter into an accepted under this ordinance, and Section 4. That this ordinance is agreement with the Ohio Depart- from the fund or funds to which are declared to be an emergency measure ment of Health for the City to credited any fees received under this and, provided it receives the affirma- receive payments from the Medicaid program. tive vote of two-thirds of all the mem- program. Section 10. That this ordinance is bers elected to Council, it shall take Whereas, this ordinance consti- declared to be an emergency measure effect and be in force immediately tutes an emergency measure provid- and, provided it receives the affirma- upon its passage and approval by the ing for the usual daily operation of tive vote of two-thirds of all the mem- Mayor; otherwise it shall take effect a municipal department; now, there- bers elected to Council, it shall take and be in force from and after the ear- fore, effect and be in force immediately liest period allowed by law. Be it ordained by the Council of upon its passage and approval by the Passed November 25, 2013. the City of Cleveland: Mayor; otherwise it shall take effect Effective November 26, 2013. 1983 38 The City Record December 4, 2013

Ord. No. 1588-13. By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Service Employees Interna- tional Union, District 1199, AFL-CIO; and amending Section 7 of Ordinance No. 1689-11, passed November 28, 2011, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the Service Employees International Union, District 1199, AFL-CIO, under the terms contained in File No. 1588-13-A, for the period from April 1, 2013 through March 31, 2016, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the fol- lowing schedule:

Increase Approximate Date of Increase*

1% April 1, 2013 2% April 1, 2014 2% April 1, 2015

*Wage increases shall be effective as follows: (a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commenc- ing at the beginning of the next pay period. Section 2. That Section 7 of Ordinance No. 1689-11, passed November 28, 2011, is amended to read as follows:

Section 7. Service Employees International Union, Local 1, AFL-CIO. That salaries and compensation in the fol- lowing classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Bridge Oilier ...... 10.00 18.56 2. Custodial Worker ...... 10.00 15.12 3. Window Washer ...... 12.54 20.89

Section 3. That existing Section 7 of Ordinance No. 1689-11, passed November 28, 2011, is repealed. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed November 25, 2013. Effective November 26, 2013.

Ord. No. 1589-13. Be it ordained by the Council of behalf of the City and the Director of By Council Members Cimperman the City of Cleveland: Public Health is authorized to sign and Kelley (by departmental Section 1. That the Director of Pub- the documents necessary to enter into request) lic Health is authorized to enter into the contract. An emergency ordinance authoriz- contract with the Ohio Department of Section 2. That the agreement shall ing the Director of Public Health to Health, under which the City will per- be prepared by the Director of Law. enter into contract with the Ohio form environmental lead investiga- Section 3. That this ordinance is Department of Health to perform tions for lead hazards in residences declared to be an emergency measure occupied by Medicaid-eligible chil- environmental lead investigations of and, provided it receives the affirma- dren during the Children’s Lead Poi- residences of Medicaid-eligible chil- tive vote of two-thirds of all the mem- soning Prevention Program’s grant dren during the Children’s Lead Poi- term. The contract shall provide that bers elected to Council, it shall take soning Prevention Program’s grant the City will receive compensation for effect and be in force immediately term. performing the lead investigations in upon its passage and approval by the Whereas, this ordinance consti- an amount not to exceed $72,000 to be Mayor; otherwise it shall take effect tutes an emergency measure provid- deposited into a fund to be determined and be in force from and after the ear- ing for the usual daily operation of by the Director of Finance. The Direc- liest period allowed by law. a municipal department; now, there- tor of Finance is authorized to receive Passed November 25, 2013. fore, and accept the compensation on Effective November 26, 2013.

Ord. No. 1590-13. By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 40 and 58 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordinance No. 121-13, passed January 28, 2013, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 40 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordinance No. 121- 13, passed January 28, 2013, is amended to read as follows:

Section 40. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification: 1984 December 4, 2013 The City Record 39

Minimum Maximum 1. Assistant Building Official ...... $42,758.15 $137,860.74 2. City Comptroller ...... 42,758.15 137,860.74 3. City Treasurer...... 42,758.15 127,255.39 4. Chief Technology Officer...... 80,000.00 200,000.00 5. Commissioner of Accounts ...... 40,314.82 132,061.01 6. Commissioner of Administrative Services - Community Development...... 40,314.82 132,061.01 7. Commissioner of Air Quality ...... 42,758.15 137,860.74 8. Commissioner of Assessments and Licenses...... 40,314.82 121,901.44 9. Commissioner of Burke Airport ...... 40,314.92 121,901.44 10. Commissioner of Cleveland Hopkins International Airport 42,758.15 147,661.45 11. Commissioner of Cleveland Public Power ...... 45,201.46 172,186.61 12. Commissioner of Code Enforcement...... 42,758.15 137,860.74 13. Commissioner of Construction Permitting ...... 42,758.15 137,860.74 14. Commissioner of Emergency Medical Services ...... 42,758.15 137,860.74 15. Commissioner of Environment...... 42,758.15 137,860.74 16. Commissioner of Health...... 45,021.46 146,558.11 17. Commissioner of House of Corrections ...... 40,314.82 121,778.85 18. Commissioner of Information Technology & Services . 52,734.82 146,558.11 19. Commissioner of Motor Vehicle Maintenance...... 40,314.82 132,061.01 20. Commissioner of Neighborhood Development ...... 40,314.82 121,901.44 21. Commissioner of Real Estate ...... 40,314.82 121,901.44 22. Commissioner of Neighborhood Services ...... 42,758.15 127,255.39 23. Commissioner of Park Maintenance and Properties..... 42,758.15 147,661.45 24. Commissioner of Parking Facilities...... 40,314.82 132,061.01 25. Commissioner of Printing and Reproduction...... 40,314.82 132,061.01 26. Commissioner of Property Management ...... 45,201.46 146,558.11 27. Commissioner of Purchases and Supplies...... 42,758.15 127,255.39 28. Commissioner of Recreation ...... 42,758.15 147,661.45 29. Commissioner of Streets...... 40,314.82 132,061.01 30. Commissioner of Traffic Engineering...... 42,758.15 127,255.39 31. Commissioner of Utilities Fiscal Control ...... 40,314.82 121,901.44 32. Commissioner of Waste Collection and Disposal...... 40,314.82 132,061.01 33. Commissioner of Water ...... 45,201.46 206,000.00 34. Commissioner of Water Pollution Control ...... 40,314.82 132,061.01 35. Deputy City Treasurer...... 26,273.96 85,814.69 36. Deputy Director Department of Building and Housing 36,590.39 137,860.74 37. Director of Workforce Development ...... 70,000.00 164,800.00 38. Income Tax Administrator...... 42,758.15 137,860.74 39. Manager of Administration – Public Works...... 40,314.82 121,901.44 40. Manager of Internal Audit ...... 40,314.82 121,901.44

Section 2. That existing Section 40 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordi- nance No. 121-13, passed January 28, 2013, is repealed. Section 3. That 58 of Ordinance No. 1689-11, passed November 28, 2011, is amended to read as follows:

Section 58. Division of Fire; Various Positions

The annual salaries of persons appointed to the following ranks of the Division of Fire shall be fixed by the appointing authority within the limits established in the following schedules:

Minimum Maximum 1. Battalion Chief...... $84,117.25 $86,640.76 2. Captain...... 72,514.87 74,690.31 3. Lieutenant...... 62,512.82 63,888.20 4. Firefighter – Journeyman ...... 53,890.36 55,507.07 5. Firefighter Medic ...... 45,904.64 86,640.76 6. Apprentice - Medic III ...... 48,404.64 49,781.78 7. Apprentice - Medic II ...... 46,904.64 47,281.78 8. Apprentice - Medic I...... 45,904.64 47,281.78 9. Trainee...... 10.50 10.50

Section 4. That existing Section 58 of Ordinance No. 1689-11, passed November 28, 2011, is repealed. Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed November 25, 2013. Effective November 26, 2013 1985 40 The City Record December 4, 2013

Ord. No. 1591-13. Section 1. That the Director of Pub- regulations, and to employ and pay By Council Members Miller and Kel- lic Works is authorized to apply for all fees for title companies, surveys, ley (by departmental request). and accept a grant not to exceed escrows, appraisers, environmental An emergency ordinance authoriz- $1,425,000 from the Clean Ohio Green audits, relocation consultants, and all ing the Director of Public Works to Space Conservation Program, or its other costs necessary for the acquisi- apply for and accept a grant from successor or designee, for the Tow- tion of the property. the State of Ohio’s Clean Ohio Green path Trail Stage 3 project; that the Section 5. That the consideration to Space Conservation Program for Directors of Public Works and be paid for the Stage 3 Properties land acquisition, and the construc- Finance are authorized to file all shall not exceed fair market value as tion of improvements in Stage 3 of papers and execute all documents determined by the Board of Control. the Towpath Trail project; authoriz- necessary to receive the funds under Section 6. That the Director of Pub- ing the Director to accept grants the grant; and that the funds are lic Works is authorized to enter into and gifts from any public or private appropriated for the purposes set one or more agreements with the entity for the improvement; autho- forth in the file mentioned below. State of Ohio, Cuyahoga County, rizing the Director to transfer grant Section 2. That the summary for the , Ohio Canal funds, if received from the Clean grant, presented to the Finance Com- Corridor, or other entities needed to Ohio Green Space Conservation Pro- mittee of this Council at a public hear- effectuate this ordinance. gram, to Cuyahoga County; autho- ing on this legislation and set forth in Section 7. That the Director of Pub- rizing the Commissioner of Pur- File No. 1591-13-A, is made a part of lic Works is authorized to accept chases and Supplies to purchase real this ordinance as if fully rewritten. grants and gifts of property from any estate and accept donation of real The Director is authorized to enter public or private entity for the Tow- estate. into one or more agreements with path Trail Stage 3 project; Whereas, the Towpath Trail is Cuyahoga County for the Towpath Section 8. That if Clean Ohio Green largely complete from Zoar, Ohio, to Trail Stage 3 project. The Agreement Space Conservation Program grant the Cleveland City limits and land shall require that Stage 3 Towpath funds are received, the Director of acquisition and construction of Trail project funds held by Cuyahoga Public Works is authorized to send Stage 3 of the project brings it clos- County shall be used as the required payment to Cuyahoga County for er to completion; and 25% matching funds (anticipated to remediation and restoration of land Whereas, Stage 3 of the Towpath be $475,000) for the Clean Ohio Green and construction of the improvements Trail project is part of a joint effort Space Conservation Program grant on the Stage 3 Properties; that pay- by the City of Cleveland, Cuyahoga and for costs associated with the ment to the County shall be paid from the fund or funds that are credited the County, Cleveland Metroparks, and acquisition of Stage 3 Properties into proceeds of the grant accepted under the Ohio Canal Corridor to extend the name of the City of Cleveland that this ordinance. the Towpath Trail from its current are not acquired with Clean Ohio Section 9. That the contract or con- terminus at Harvard Avenue in Green Space Conservation Program tracts, and purchase agreements Cleveland, and ending at the pro- grant funds. authorized by this ordinance shall be posed Canal Basin Park near Set- Section 3. That notwithstanding prepared by the Director of Law. tler’s Landing; and and as an exception to the provisions Section 10. That the cost of the prop- Whereas, Ord. No. 1407-12 autho- of Chapter 181 and 183 of the Codified erty acquisitions shall be paid from rized the purchase of certain Stage Ordinances of Cleveland, Ohio, 1976, both the fund or funds that are credit- 3 strategic properties; and and notwithstanding the receipt of ed the proceeds of the grant accepted Whereas, an integral part of Stage grant funding authorized in Section 1 under this ordinance and from Stage 3 3 of the Towpath Trail project of this ordinance, the Director of Pub- Towpath Trail project funds held by includes the acquisition of addition- lic Works and the Commissioner of Cuyahoga County. al Stage 3 properties which are nec- Purchases and Supplies are autho- Section 11. That this ordinance is essary for Stage 3 of the project rized to purchase property needed for declared to be an emergency measure which is located north of Steelyard Stage 3 of the Towpath Trail project, and, provided it receives the affirma- Commons and south of Literary which is located north of Steelyard tive vote of two-thirds of all the mem- Road (the “Stage 3 Properties”) and Commons and south of Literary Road bers elected to Council, it shall take Whereas, this ordinance consti- (the “Stage 3 Properties”). effect and be in force immediately tutes an emergency measure provid- Section 4. That the Director of Pub- upon its passage and approval by the ing for the usual daily operation of lic Works is authorized to execute on Mayor; otherwise it shall take effect a municipal department; now, there- behalf of the City of Cleveland all nec- and be in force from and after the ear- fore, essary documents to acquire and liest period allowed by law. Be it ordained by the Council of record the property, satisfy applica- Passed November 25, 2013. the City of Cleveland: ble federal acquisition and relocation Effective November 26, 2013.

Ord. No. 1599-13. By Council Member Kelley (by departmental request). An emergency ordinance to make additional appropriations of Six Hundred Fifty Thousand ($650,000) of Enter- prise Funds. Whereas, there remains an unappropriated balance in the various funds, the sum of Six Hundred Fifty Thou- sand ($650,000) which is available for additional appropriation; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That there is hereby appropriated the additional revenue as set forth in the Amended Official Cer- tificate of Estimated Resources previously unappropriated as follows: ENTERPRISE FUND $650,000 ——————— TOTAL ALL FUNDS 650,000

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC WORKS

Division of Parking Facilities - Off Street Parking 650,000 II. Other Expenses 650,000

TOTAL DEPARTMENT OF PUBLIC WORKS 650,000 ——————— TOTAL ENTERPRISE FUND 650,000 ——————— TOTAL ALL FUNDS 650,000 ——————— ——————— 1986 December 4, 2013 The City Record 41

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediate- ly 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 November 25, 2013. Effective November 26, 2013.

Ord. No. 1600-13. By Council Member Kelley (by departmental request). An emergency ordinance to make temporary appropriations for the current payrolls and other ordinary expens- es of the City of Cleveland from the period from January 1, 2014 until the effective date of the annual appro- priation ordinance for the fiscal year ending December 31, 2014 Whereas, it is desired to postpone the passage of the annual appropriation ordinance until the amended cer- tificate is received, based on the actual balances as the same may be determined by the Director of Finance and the County Budget Commission; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. To provide for the current payrolls, sinking fund and other ordinary expenses of the City of Cleve- land for the period from January 1, 2014 until the effective date of the Annual Appropriation Ordinance for the fiscal year ending December 31, 2014, there be and there is hereby appropriated for the period from January 1, 2014 until the effective date of the Annual Appropriation Five Hundred Thirty Five Million, Seven Hundred Forty One Thousand, Four Hundred Ninety Five Dollars ($535,741,495) out of taxes due the City of Cleveland and any other revenues accrued or occurring during said period of time and said funds are respectively appropriated as follows:

2014 TEMPORARY BUDGET ORDINANCE

GENERAL FUND Legislative Branch $2,595,417 Judicial Branch $16,233,239 Executive Branch General Government $3,829,845 Department of Aging $361,802 Department of Personnel $1,024,554 Department of Community Development (Consumer Affairs) $80,947 Department of Law $3,046,184 Department of Finance $5,818,342 Department of Public Health $2,495,296 Department of Public Safety $88,426,531 Department of Public Works $23,077,533 Department of Building and Housing $2,773,426 Department of Economic Development $463,591 Nondepartmental $18,349,145 ——————— Total Executive Branch $149,747,196 ——————— ——————— TOTAL GENERAL FUND $168,575,852 ——————— ——————— Special Revenue Funds $50,974,965 Internal Service Funds $11,078,268 Enterprise Funds $273,851,758 Agency Funds $3,339,416 Debt Service Funds $27,921,236 ——————— TOTAL APPROPRIATIONS FOR 2014 $535,741,495 ——————— ———————

GENERAL FUND

LEGISLATIVE BRANCH

Council and Clerk of Council $2,595,417 I. Personnel and Related Expenses $1,368,313 II. Other Expenses 1,227,104 ——————— TOTAL LEGISLATIVE BRANCH $2,595,417 1987 42 The City Record December 4, 2013

JUDICIAL BRANCH

Municipal Court - Judicial Division $7,868,867 I. Personnel and Related Expenses $5,391,486 II. Other Expenses 2,477,381

Municipal Court - Clerk’s Division $7,345,360 I. Personnel and Related Expenses $2,649,719 II. Other Expenses 4,695,641

Municipal Court - Housing Division $1,019,012 I. Personnel and Related Expenses $953,458 II. Other Expenses 65,554 ——————— TOTAL JUDICIAL BRANCH $16,233,239 ——————— ———————

EXECUTIVE BRANCH

GENERAL GOVERNMENT

Office of the Mayor $686,499 I. Personnel and Related Expenses $641,115 II. Other Expenses 45,384

Office of Capital Projects $1,406,096 I. Personnel and Related Expenses $1,181,885 II. Other Expenses 224,211

Landmarks Commission $54,902 I. Personnel and Related Expenses $51,952 II. Other Expenses 2,950

Board of Building Standards and Appeals $39,404 I. Personnel and Related Expenses $34,512 II. Other Expenses 4,892

Board of Zoning Appeals $66,808 I. Personnel and Related Expenses $60,608 II. Other Expenses 6,200

Civil Service Commission $268,573 I. Personnel and Related Expenses $169,674 II. Other Expenses 98,899

Community Relations Board $352,551 I. Personnel and Related Expenses $332,294 II. Other Expenses 20,257

City Planning Commission $495,975 I. Personnel and Related Expenses $423,500 II. Other Expenses 72,475

Boxing and Wrestling Commission $2,036 I. Personnel and Related Expenses $2,036

Office of Equal Opportunity $235,761 I. Personnel and Related Expenses $226,649 II. Other Expenses 9,112

Office of Budget & Management $221,240 I. Personnel and Related Expenses $208,620 II. Other Expenses 12,620 ——————— TOTAL GENERAL GOVERNMENT $3,829,845 ——————— ———————

DEPARTMENT OF AGING

Department of Aging $361,802 I. Personnel and Related Expenses $229,629 II. Other Expenses 132,173 ——————— TOTAL DEPARTMENT OF AGING $361,802 ——————— ——————— 1988 December 4, 2013 The City Record 43

DEPARTMENT OF PERSONNEL

Office of Personnel $1,024,554 I. Personnel and Related Expenses $385,110 II. Other Expenses 639,444 ——————— TOTAL DEPARTMENT OF PERSONNEL $1,024,554 ——————— ———————

DEPARTMENT OF COMMUNITY DEVELOPMENT

Division of Consumer Affairs $80,947 I. Personnel and Related Expenses $75,921 II. Other Expenses 5,026 ——————— TOTAL DEPARTMENT OF CONSUMER AFFAIRS $80,947 ——————— ———————

DEPARTMENT OF LAW

Division of Law $3,046,184 I. Personnel and Related Expenses $1,782,883 II. Other Expenses 1,263,301 ——————— TOTAL DEPARTMENT OF LAW $3,046,184 ——————— ———————

DEPARTMENT OF FINANCE

Finance Administration $563,628 I. Personnel and Related Expenses $250,714 II. Other Expenses 312,914

Division of Accounts $664,687 I. Personnel and Related Expenses $393,479 II. Other Expenses 271,208

Division of Assessments and Licenses $1,313,253 I. Personnel and Related Expenses $667,707 II. Other Expenses 645,546

Division of Treasury $231,296 I. Personnel and Related Expenses $175,583 II. Other Expenses 55,713

Division of Purchases and Supplies $208,879 I. Personnel and Related Expenses $191,296 II. Other Expenses 17,583

Bureau of Internal Audit $651,933 I. Personnel and Related Expenses $161,034 II. Other Expenses 490,899

Division of Financial Reporting and Control $376,918 I. Personnel and Related Expenses $368,183 II. Other Expenses 8,735

Information Systems Services $1,807,748 I. Personnel and Related Expenses $582,492 II. Other Expenses 1,225,256 ——————— TOTAL DEPARTMENT OF FINANCE $5,818,342 ——————— ———————

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration $511,352 I. Personnel and Related Expenses $185,743 II. Other Expenses 325,609

Division of Health $1,414,500 I. Personnel and Related Expenses $516,317 II. Other Expenses 898,183 1989 44 The City Record December 4, 2013

Division of Environment $426,498 I. Personnel and Related Expenses $247,682 II. Other Expenses 178,816

Division of Air Quality $142,946 I. Personnel and Related Expenses $30,506 II. Other Expenses 112,440 ——————— TOTAL DEPARTMENT OF PUBLIC HEALTH $2,495,296 ——————— ———————

DEPARTMENT OF PUBLIC SAFETY

Public Safety Administration $1,579,591 I. Personnel and Related Expenses $978,539 II. Other Expenses 601,052

Division of Police $50,651,334 I. Personnel and Related Expenses $46,894,077 II. Other Expenses 3,757,257

Division of Fire $24,304,905 I. Personnel and Related Expenses $22,811,564 II. Other Expenses 1,493,341

Division of Emergency Medical Services $6,858,948 I. Personnel and Related Expenses $5,633,210 II. Other Expenses 1,225,738

Division of Animal Control Services $472,375 I. Personnel and Related Expenses $271,178 II. Other Expenses 201,197

Division of Correction $4,559,378 I. Personnel and Related Expenses $3,036,841 II. Other Expenses 1,522,537 ——————— TOTAL DEPARTMENT OF PUBLIC SAFETY $88,426,531 ——————— ———————

DEPARTMENT OF PUBLIC WORKS

Division of Public Works Administration $842,423 I. Personnel and Related Expenses $762,219 II. Other Expenses 80,204

Division of Recreation $4,580,594 I. Personnel and Related Expenses $2,246,493 II. Other Expenses 2,334,101

Division of Parking Facilities-On Street $345,559 I. Personnel and Related Expenses $329,223 II. Other Expenses 16,336

Division of Property Management $2,646,379 I. Personnel and Related Expenses $1,499,921 II. Other Expenses 1,146,458

Division of Park Maintenance and Properties $5,380,915 I. Personnel and Related Expenses $2,369,729 II. Other Expenses 3,011,186

Division of Waste $8,138,076 I. Personnel and Related Expenses $3,713,609 II. Other Expenses 4,424,467

Division of Traffic Engineering $1,143,587 I. Personnel and Related Expenses $749,743 II. Other Expenses 393,844 ——————— TOTAL DEPT. OF PARKS, REC., AND PROPERTIES $23,077,533 ——————— ——————— 1990 December 4, 2013 The City Record 45

DEPARTMENT OF BUILDING AND HOUSING

Building and Housing Dir Office $672,252 I. Personnel and Related Expenses $473,768 II. Other Expenses 198,484

Division of Code Enforcement $1,651,558 I. Personnel and Related Expenses $1,574,158 II. Other Expenses 77,400

Division of Construction Permit $449,616 I. Personnel and Related Expenses $442,976 II. Other Expenses 6,640 ——————— TOTAL DEPARTMENT OF BUILDING AND HOUSING $2,773,426 ——————— ———————

DEPARTMENT OF ECONOMIC DEVELOPMENT

Economic Development $463,591 I. Personnel and Related Expenses $457,503 II. Other Expenses 6,088 ——————— TOTAL DEPARTMENT OF ECONOMIC DEVELOPMENT $463,591 ——————— ———————

NONDEPARTMENTAL

Other Administrative $6,827,372 II. Other Expenses 6,827,372

Transfers to Other Funds $11,521,773 II. Other Expenses 11,521,773 ——————— TOTAL NONDEPARTMENTAL $18,349,145 ——————— TOTAL EXECUTIVE BRANCH $149,747,196 ——————— TOTAL GENERAL FUND $168,575,852 ——————— ———————

SPECIAL REVENUE FUND

Restricted Income Tax Fund $37,083,345 I. Capital $2,741,746 II. Debt Service 34,341,599

Street Construction, Maintenance & Repair Fund $13,891,620 I. Personnel and Related Expenses $5,256,544 II. Other Expenses 8,635,076 ——————— TOTAL SPECIAL REVENUE FUNDS $50,974,965 ——————— ———————

INTERNAL SERVICE FUND

Sinking Fund Commission $353,795 I. Personnel and Related Expenses $63,275 II. Other Expenses 290,520

Information Systems Services-Telephone Exchange $2,582,631 I. Personnel and Related Expenses $357,725 II. Other Expenses 2,224,906

Division of Motor Vehicle Maintenance $7,126,410 I. Personnel and Related Expenses $1,564,952 II. Other Expenses 5,561,458

Division of Printing and Reproduction $812,984 I. Personnel and Related Expenses $233,254 II. Other Expenses 579,730 1991 46 The City Record December 4, 2013

City Storeroom and Central Warehouse $202,448 I. Personnel and Related Expenses $27,768 II. Other Expenses 174,680 ——————— TOTAL INTERNAL SERVICE FUNDS $11,078,268 ——————— ———————

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Utilities Administration $961,300 I. Personnel and Related Expenses $656,167 II. Other Expenses 305,133

Radio $1,344,004 I. Personnel and Related Expenses $157,017 II. Other Expenses 1,186,987

Division of Fiscal Control $1,153,965 I. Personnel and Related Expenses $896,365 II. Other Expenses 257,600

Division of Water $104,552,171 I. Personnel and Related Expenses $23,067,759 II. Other Expenses 81,484,412

Division of Water Pollution Control $7,569,612 I. Personnel and Related Expenses $2,991,089 II. Other Expenses 4,578,523

Division of Cleveland Public Power $68,480,627 I. Personnel and Related Expenses $8,535,722 II. Other Expenses 59,944,905 ——————— TOTAL DEPARTMENT OF PUBLIC UTILITIES $184,061,679 ——————— ———————

DEPARTMENT OF PORT CONTROL

Divisions Of Cleveland Hopkins & Burke Lakefront Airports - Operations $78,450,132 I. Personnel and Related Expenses $9,071,115 II. Other Expenses 69,379,017 ——————— TOTAL DEPARTMENT OF PORT CONTROL $78,450,132 ——————— ———————

DEPARTMENT OF PUBLIC WORKS

Division of Cemeteries $649,948 I. Personnel and Related Expenses $340,639 II. Other Expenses 309,309

Golf Course Fund $249,400 I. Personnel and Related Expenses $7,200 II. Other Expenses 242,200

Division of Parking Facilities-Off Street Parking $4,285,945 I. Personnel and Related Expenses $355,970 II. Other Expenses 3,929,975

Division of Convention Center $928,256 I. Personnel and Related Expenses $298,081 II. Other Expenses 630,175

Division of Convention Center & Stadium-West Side Market $677,098 I. Personnel and Related Expenses $119,363 II. Other Expenses 557,735

Division of Convention Center & Stadium-Stadium $4,533,300 II. Other Expenses $4,533,300 1992 December 4, 2013 The City Record 47

Division of Property Management - East Side Market $16,000 II. Other Expenses $16,000 ——————— TOTAL DEPT. OF PARKS, REC., AND PROPERTIES $11,339,947 ——————— TOTAL ENTERPRISE FUNDS $273,851,758 ——————— ———————

AGENCY FUND

Central Collection Agency $3,339,416 I. Personnel and Related Expenses $1,820,846 II. Other Expenses 1,518,570 ——————— TOTAL AGENCY FUND $3,339,416 ——————— ———————

DEBT SERVICE FUND

Sinking Fund Commission $27,921,236 III. Debt Service 27,921,236 ——————— TOTAL DEBT SERVICE FUNDS $27,921,236 ——————— ———————

Section 2. That all expenditures and payments made under and pursuant to the ordinance appropriating such sum or sums of money shall be charged against the annual appropriation ordinance for the fiscal year ending December 31, 2014, when such appropriation ordinance shall become effective, and to the various departments and divisions and payment of whose officers and employees and operating expenses such sum or sums of money here- under shall then have paid out or expended. Provided, however, that no payment shall be made under the author- ity of this ordinance after the effective date of said Annual Appropriation Ordinance for the fiscal year ending December 31, 2014. Section 3. 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 imme- diately 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 November 25, 2013. Effective November 26, 2013.

Ord. No. 1601-13. By Council Member Kelley (by departmental request). An emergency ordinance to provide for the transfer and amendment to the General Fund appropriations in the amount of Two Million Nine Thousand ($2,009,000), One Million One Hundred Fifty Thousand ($1,150,000) within the Special Revenue Fund, and Five Million Six Hundred Five Thousand, Five Hundred Seventy Six ($5,605,576) within the Enterprise Fund. Whereas, in accordance with Section 41 of the Charter, the Mayor has recommended in writing the within trans- fer; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That amendment to the General Fund appropriations in the amount of Two Million Nine Thousand ($2,009,000), One Million One Hundred Fifty Thousand ($1,150,000) within the Special Revenue Fund, and Five Mil- lion Six Hundred Five Thousand, Five Hundred Seventy Six ($5,605,576) within the Enterprise Fund. as follows:

Transfer Transfer To From

GENERAL FUND

GENERAL GOVERNMENT

Council and Clerk of Council I. Personnel and Related Expenses $ - $ 42,000 II. Other Expenses 42,000 -

TOTAL GENERAL GOVERNMENT 42,000 42,000

DEPARTMENT OF HUMAN RESOURCES

Office of Personnel II. Other Expenses 7,000 -

TOTAL DEPARTMENT OF HUMAN RESOURCES 7,000 - 1993 48 The City Record December 4, 2013

DEPARTMENT OF FINANCE

Division of Treasury I. Personnel and Related Expenses 15,000 -

TOTAL DEPARTMENT OF FINANCE 15,000 -

DEPARTMENT OF PUBLIC HEALTH

Public Health Administration I. Personnel and Related Expenses 11,000 -

TOTAL DEPARTMENT OF PUBLIC HEALTH 11,000 -

DEPARTMENT OF PUBLIC SAFETY

Division of Animal Control Services I. Personnel and Related Expenses 34,000 -

TOTAL DEPARTMENT OF PUBLIC SAFETY 34,000 -

DEPARTMENT OF PUBLIC WORKS

Division of Property Management II. Other Expenses - 1,967,000

Division of Park Maintenance and Properties II. Other Expenses 285,000 -

TOTAL DEPARTMENT OF PUBLIC WORKS 285,000 1,967,000

DEPARTMENT OF BUILDING AND HOUSING

Building and Housing Director’s Office II. Other Expenses 15,000 -

TOTAL DEPARTMENT OF BUILDING AND HOUSING 15,000 -

NONDEPARTMENTAL

Other Administrative II. Other Expenses 1,600,000 -

TOTAL NONDEPARTMENTAL 1,600,000 -

TOTAL GENERAL FUND 2,009,000 2,009,000

SPECIAL REVENUE FUND

RESTRICTED INCOME TAX FUND I. Capital 900,000 - II. Debt - 900,000

STREET CONSTRUCTION, MAINTENANCE & REPAIR FUND I. Personnel and Related Expenses 250,000 - II. Other Expenses - 250,000

TOTAL SPECIAL REVENUE FUND 1,150,000 1,150,000

ENTERPRISE FUNDS

DEPARTMENT OF PUBLIC UTILITIES

Division of Water I. Personnel and Related Expenses - 5,500,000 II. Other Expenses 5,500,000 -

Division of Water Pollution Control I. Personnel and Related Expenses - 105,576 II. Other Expenses 105,576 -

TOTAL DEPARTMENT OF PUBLIC UTILITIES 5,605,576 5,605,576

TOTAL ENTERPRISE FUNDS 5,605,576 5,605,576

TOTAL ALL FUNDS 8,764,576 8,764,576 1994 December 4, 2013 The City Record 49

Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed November 25, 2013. Effective November 26, 2013.

Ord. No. 1608-13. ary 1, 2014 and shall be for a term of Whereas, this ordinance consti- By Council Member Sweeney. one year, concluding December 31, tutes an emergency measure provid- An emergency ordinance authoriz- 2014. ing for the usual daily operation of ing the Council President to enter The agreement shall be certified a municipal department; now, there- into an agreement with Cobalt in an amount not to exceed fore, Group, Inc. for the professional ser- $50,000.00 from fund 01, dept. 0101 Be it ordained by the Council of vices necessary to provide for imple- subfund 001 object code 6320. the City of Cleveland: mentation of an operations and sus- Section 2. That this ordinance is Section 1. That the Clerk of Council tainability plan for Cleveland City hereby declared to be an emergency is authorized to enter into an agree- Council. measure and, provided it receives ment with Mita Marketing LLC for Whereas, this ordinance consti- the affirmative vote of two-thirds of the professional services necessary to tutes an emergency measure provid- all the members elected to Council, assist with ing for the usual daily operation of it shall take effect and be in force communications and public relations, a municipal department; now, there- immediately upon its passage and for a one year period beginning Janu- fore, approval by the Mayor; otherwise it ary 1, 2014 and concluding December Be it ordained by the Council of shall take effect and be in force 31, 2014. the City of Cleveland: from and after the earliest period Section 2. That the cost of said Section 1. That the Council Presi- allowed by law. contract shall not exceed $60,000 and dent is authorized to enter into an Passed November 25, 2013. shall be certified from Fund 01, agreement with Cobalt Group, Inc. Effective November 26, 2013. Dept. 0101, Subfund 001, Object Code (“Consultant”) for the professional 6320. services necessary to provide for the Section 3. That this ordinance is implementation of an operations and hereby declared to be an emergency sustainability plan for Cleveland City Ord. No. 1610-13. measure and, provided it receives Council, including the services set By Council Member Sweeney. the affirmative vote of two-thirds of forth in Consultant’s 2014 Statement An emergency ordinance authoriz- all the members elected to Council, of Work and those services as may be ing the Clerk of Council to enter it shall take effect and be in force directed by the Clerk of Council or her into contract with Don McTigue for immediately upon its passage and designee. This agreement shall be the professional services necessary approval by the Mayor; otherwise it entered into as of January 1, 2014 and to assist Cleveland City Council shall take effect and be in force shall be for a term of one year, con- with legal issues, including but not from and after the earliest period cluding December 31, 2014. limited to advising on the Charter allowed by law. The agreement shall be certified and Codified Ordinances related to Passed November 25, 2013. in an amount not to exceed campaign finance issues. Effective November 26, 2013. $66,000.00 from fund 01, dept. 0101, Whereas, this ordinance consti- subfund 001, and object code 6320. tutes an emergency measure provid- Section 2. That this ordinance is ing for the usual daily operation of hereby declared to be an emergency a municipal department; now, there- Ord. No. 1612-13. measure and, provided it receives fore, By Council Member Sweeney. the affirmative vote of two-thirds of Be it ordained by the Council of An emergency ordinance authoriz- all the members elected to Council, the City of Cleveland: ing the Clerk of Council to enter it shall take effect and be in force Section 1. That the Clerk of Council into an agreement with The Project immediately upon its passage and is authorized to enter into an agree- Group for professional assistance in approval by the Mayor; otherwise it ment with Don McTigue for the pro- investigating utility–related matters shall take effect and be in force fessional services necessary to assist pertaining to the Divisions of Cleve- from and after the earliest period Cleveland City Council with legal land Public Power, Water and allowed by law. issues, including but not limited to Water Pollution Control for Cleve- Passed November 25, 2013. advising on the Charter and Codified land City Council. Effective November 26, 2013. Ordinances related to campaign Whereas, this ordinance consti- finance issues, for a one year period tutes an emergency measure provid- beginning January 1, 2014 and con- ing for the usual daily operation of cluding December 31, 2014. a municipal department; now, there- Ord. No. 1609-13. Section 2. That the cost of said fore, By Council Member Sweeney. contract shall not exceed $25,000 and Be it ordained by the Council of An emergency ordinance authoriz- shall be certified from Fund 01, the City of Cleveland: ing the Clerk of Council to enter Dept. 0101, Subfund 001, Object Code Section 1. That the Clerk of Council into an agreement with Guy Gadom- 6320. is authorized to enter into an agree- ski, CPA to provide professional Section 3. That this ordinance is ment with the Project Group for pro- financial consulting and auditing hereby declared to be an emergency fessional assistance in investigating services necessary for Cleveland measure and, provided it receives utility–related matters pertaining to City Council. the affirmative vote of two-thirds of the Divisions of Cleveland Public Whereas, this ordinance consti- all the members elected to Council, Power, Water and Water Pollution tutes an emergency measure provid- it shall take effect and be in force Control for Cleveland City Council. ing for the usual daily operation of immediately upon its passage and The agreement shall be certified a municipal department; now, there- approval by the Mayor; otherwise it in an amount not to exceed fore, shall take effect and be in force $250,000.00 from fund 52-001, 54-001 Be it ordained by the Council of from and after the earliest period and/or 58-001 and such other funds the City of Cleveland: allowed by law. as may be deemed appropriate by Section 1. That the Clerk of Council Passed November 25, 2013. the Director of Finance. is authorized to enter into an agree- Effective November 26, 2013. Section 2. That this ordinance is ment with Guy Gadomski, CPA to pro- hereby declared to be an emergency vide professional financial consult- measure and, provided it receives ing and auditing services necessary the affirmative vote of two-thirds of for Cleveland City Council, including, Ord. No. 1611-13. all the members elected to Council, but not limited to, analysis of the By Council Member Sweeney. it shall take effect and be in force Mayor’s Estimate, preparation and An emergency ordinance authoriz- immediately upon its passage and presentation of the Council budget ing the Clerk of Council to enter approval by the Mayor; otherwise it retreat, and briefings to the Council into contract with Mita Marketing shall take effect and be in force President, and any other financial LLC for the professional services from and after the earliest period advisory services as directed by the necessary to assist Cleveland City allowed by law. Clerk or her designee. This agree- Council with communications and Passed November 25, 2013. ment shall be entered into as of Janu- public relations. Effective November 26, 2013. 1995 50 The City Record December 4, 2013

Ord. No. 1613-13. immediately upon its passage and to residents residing in the city of By Council Member Sweeney. approval by the Mayor; otherwise it Cleveland through the use of Ward 10 An emergency ordinance authoriz- shall take effect and be in force Neighborhood Equity Funds. ing the Clerk of Council to enter from and after the earliest period Section 2. That the cost of said into a fifth amendment to the agree- allowed by law. contract shall be in an amount not ment with Solar Systems Network- Passed November 25, 2013. to exceed $40,000 and shall be paid ing Inc., City Contract No. PS Effective November 26, 2013. from Fund No. 10 SF 166. 2010*83, for additional money for the Section 3. That the Director of continuation of professional services Law shall prepare and approve said necessary to advise and assist in the contract and that the contract shall maintenance and performance of Ord. No. 1615-13. contain such terms and provisions computer technology projects for By Council Members Sweeney and as he deems necessary to protect the Cleveland City Council. Brancatelli. City’s interest. Whereas, this ordinance consti- An emergency ordinance authoriz- Section 4. That this ordinance is tutes an emergency measure provid- ing the Clerk of Council to amend hereby declared to be an emergency ing for the usual daily operation of Agreement No. CT0101-PS2013-191 measure and, provided it receives a municipal department; now, there- with Western Reserve Land Conser- the affirmative vote of two-thirds of fore, vancy d/b/a Thriving Communities all the members elected to Council, Be it ordained by the Council of Institute for professional consulting it shall take effect and be in force the City of Cleveland: services, to staff and administer the immediately upon its passage and Vacant Abandoned Property Action Section 1. That the Clerk of Council approval by the Mayor; otherwise it Council, to extend the term through (“Clerk”) is authorized to enter into a shall take effect and be in force December 31, 2014 and certify addi- fifth amendment to the agreement from and after the earliest period tional funds. with Solar Systems Networking Inc. allowed by law. Whereas, this ordinance consti- (“Consultant”), City Contract No. PS Passed November 25, 2013. tutes an emergency measure provid- 2010*83, to add $80,000 to the agree- Effective November 26, 2013. ing for the usual daily operation of ment for the continuation of the pro- a municipal department; now, there- fessional services necessary to advise fore, and assist in the maintenance and Be it ordained by the Council of performance of computer technology Ord. No. 1617-13. the City of Cleveland: By Council Member Dow. projects, as may be directed by the Section 1. That the Clerk of Council Clerk. An emergency ordinance authoriz- is authorized to amend Agreement No. ing the Director of the Department The cost of all services under this CT0101- PS2013-191 with Western agreement shall be paid for from of Public Works to enter into an Reserve Land Conservancy d/b/a/ agreement with the Pierre Nappier fund 11-006 and/or 21-006. Thriving Communities Institute to Jr. Foundation for the Patriots Section 2. That this ordinance is provide professional consulting ser- Youth Sports Football Recreation hereby declared to be an emergency vices to staff and administer the Program through the use of Ward 7 measure and, provided it receives Vacant Abandoned Property Action Neighborhood Equity Funds. the affirmative vote of two-thirds of Council whose member organiza- Whereas, this ordinance consti- all the members elected to Council, tions, including Cleveland City Coun- tutes an emergency measure provid- it shall take effect and be in force cil, strategize solutions to the varied ing for the usual daily operation of immediately upon its passage and problems associated with vacant and a municipal department; now, there- approval by the Mayor; otherwise it abandoned property. The term shall fore, shall take effect and be in force be extended from July 1, 2014 through Be it ordained by the Council of from and after the earliest period December 31, 2014. Additional funds the City of Cleveland: allowed by law. shall be certified not to exceed Section 1. That the Director of the Passed November 25, 2013. $150,000.00 from Fund 01, Dept. 0101, Department of Public Works be Effective November 26, 2013. Subfund 001, Object Code 6320. authorized to enter into an agreement Section 2. That this ordinance is with the Pierre Nappier Jr. Founda- hereby declared to be an emergency tion for the Patriots Sports Football measure and, provided it receives Recreation Program for the public Ord. No. 1614-13. the affirmative vote of two-thirds of purpose of providing organized youth By Council Member Sweeney. all the members elected to Council, recreational activities for city of An emergency ordinance authoriz- it shall take effect and be in force Cleveland youths through the use of ing the Clerk of Council to enter immediately upon its passage and Ward 7 Neighborhood Equity Funds. into an agreement with approval by the Mayor; otherwise it Section 2. That the cost of said thunder::tech for professional ser- shall take effect and be in force contract shall be in an amount not vices necessary to provide upgrades from and after the earliest period to exceed $5,000 and shall be paid to and support and maintenance for allowed by law. from Fund No. 10 SF 166. the intranet and internet sites for Passed November 25, 2013. Section 3. That the Director of Cleveland City Council. Effective November 26, 2013. Law shall prepare and approve said Whereas, this ordinance consti- contract and that the contract shall tutes an emergency measure provid- contain such terms and provisions ing for the usual daily operation of as he deems necessary to protect the a municipal department; now, there- Ord. No. 1616-13. City’s interest. fore, By Council Member Miller. Section 4. That this ordinance is Be it ordained by the Council of An emergency ordinance authoriz- hereby declared to be an emergency the City of Cleveland: ing the Director of the Department measure and, provided it receives Section 1. That the Clerk of Council of Public Health to enter into agree- (“Clerk”) is authorized in to enter ment with Kincaid’s Kindred Spirits, the affirmative vote of two-thirds of into an agreement with thunder::tech, Inc., for the Sickle Cell Awareness all the members elected to Council, (“Consultant”) for the professional Education Program through the use it shall take effect and be in force services necessary to provide of Ward 10 Neighborhood Equity immediately upon its passage and upgrades to and support and mainte- Funds. approval by the Mayor; otherwise it nance for the intranet and internet Whereas, this ordinance consti- shall take effect and be in force sites for Cleveland City Council. tutes an emergency measure provid- from and after the earliest period The term of this agreement shall ing for the usual daily operation of allowed by law. begin January 1, 2014 and shall be a municipal department; now, there- Passed November 25, 2013. for two years. The fee for services fore, Effective November 26, 2013. under this agreement shall be Be it ordained by the Council of $325/month for a total amount not the City of Cleveland: to exceed $7,800 which shall be paid Section 1. That the Director of the for from fund 11-006 and/or 21-006. Department of Public Health be Ord. No. 1618-13. Section 2. That this ordinance is authorized to enter into an agreement By Council Member Conwell. hereby declared to be an emergency with Kincaid’s Kindred Spirits, Inc., An emergency ordinance desig- measure and, provided it receives for the Sickle Cell Awareness Educa- nating Ablewhite Avenue off of the affirmative vote of two-thirds of tion Program for the public purpose Eddy Road with a secondary and all the members elected to Council, of providing educational classes on honorary designation of “Samuel A. it shall take effect and be in force the management of sickle cell anemia McNeal Way”. 1996 December 4, 2013 The City Record 51

Whereas, Mr. Samuel A. McNeal Ord. No. 1635-13. expedite traffic or safeguard pedes- played baseball in the Negro By Council Member Sweeney. trians, members of the Police and Leagues, and was a leader in the An emergency ordinance to amend Fire Divisions may direct traffic as masons, his community and church; Section 403.01 of the Codified Ordi- conditions may require, notwith- nances of Cleveland, Ohio, 1976, as and, standing any other provisions in amended by Ordinance No. 1684-76, this Traffic Code. Whereas, the citizens of Forest passed June 29, 1976, relating to Section 2. That existing Section Hills neighborhood want to honor police enforcement duty. 403.01of the Codified Ordinances of Mr. Samuel A. McNeal as a token of Whereas, this ordinance consti- Cleveland, Ohio, 1976, as amended their appreciation by designating tutes an emergency measure provid- by Ordinance No. 1684-76, passed Ablewhite Avenue “Samuel A. ing for the usual daily operation of June 29, 1976, is repealed. McNeal Way”; and, a municipal department; now, there- Section 3. That this ordinance is Whereas, this ordinance consti- fore, declared to be an emergency mea- tutes an emergency measure provid- Be it ordained by the Council of sure and, provided it receives the the City of Cleveland: ing for the usual daily operation of affirmative vote of two-thirds of all Section 1. That Section 403.01 of the the members elected to Council, it a municipal department; now, there- Codified Ordinances of Cleveland, fore, Ohio, 1976, as amended by Ordinance shall take effect and be in force Be it ordained by the Council of No. 1684-76, passed June 29, 1976, is immediately upon its passage and the City of Cleveland: amended to read as follows: approval by the Mayor; otherwise it Section 1. That Ablewhite Avenue shall take effect and be in force from and after the earliest period off of Eddy Road is designated with a Section 403.01 Police Enforcement allowed by law. secondary and honorary designation Duty The Police Division of the Depart- Passed November 25, 2013. of “Samuel A. McNeal Way”. ment of Public Safety shall enforce Effective November 26, 2013. Section 2. That this ordinance is the provisions of this Traffic Code. hereby declared to be an emergency The Chief of Police shall assign measure and, provided it receives such officers and members of the COUNCIL COMMITTEE the affirmative vote of two-thirds of Division of Police as he or she deter- MEETINGS all the members elected to Council, mines necessary to the Traffic Con- it shall take effect and be in force trol Unit, who shall be charged with the specific duty of enforcing the Monday, December 2, 2013 immediately upon its adoption and 2:00 p.m. approval by the Mayor; otherwise it provisions of this Traffic Code. Pur- suant to regulations made under shall take effect and be in force Section 403.05, the Chief of Police Finance Committee: Present: Kel- from and after the earliest period may allow persons who are not offi- ley, Chair; Brady, Brancatelli, Cleve- allowed by law. cers or members of the Division of land, Keane, Miller, Mitchell, Pruitt, Passed November 25, 2013. Police to direct traffic. In the event Westbrook, Zone. Authorized Effective November 26, 2013. of fire or other emergency, or to Absence: Sweeney, Vice Chair.

Index

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

Agreements

Approving addition of Northeast Ohio Advanced Energy District for Playhouse Square — Economic Development Department (O 1552-13) ...... 1953 Approving addition of Northeast Ohio Advanced Energy District for Optima — Economic Development Department (O 1553-13) ...... 1953 Cuyahoga County Port Authority — cooperative agreement — Cuyahoga County — TIF — Hilton Hotel (O 1519-13) ...... 1952 Euclid Ave., 7012 — Victory Bldg. — TIF Agreement — Victory Midtown, LLC — CMSD (Ward 05) (O 1548-13) ...... 1979 Harvard Rd. and Mill Pond Dr. — Sell City-owned property — PROPSTONE, LLC — behavioral hospital (O 1470-13) ...... 1971 Kinsman Road and East 131st Street Redevelopment Plan Project — Project Group — City Planning Commission (Ward 02 CRF) (O 1642-13) ...... 1950 Labor demand study for residents of the City of Cleveland — grant — Greater Cleveland Partnership — Office of Equal Opportunity (O 1469-13) ...... 1971 Optima 777, LLC — St. Clair Ave., 777 (former Crowne Plaza Hotel) — Tax Increment Financing Agreement — Amend Sect(s) 1,4 and 5 of Ord. 1219-11 (Ward 03) (O 1550-13) ...... 1979 Patriots Youth Sports Football Recreation Program — Pierre Nappier Jr. Foundation — Works Department (Ward 07 NEF) (O 1617-13) ...... 1996 Sickle Cell Awareness Education Program — Kincaid’s Kindred Spirits, Inc.,- Health Department (Ward 10 NEF) (O 1616-13) ...... 1996 Vacant Abandoned Property Action Council — Western Reserve Land Conservancy d/b/a Thriving Communities Institute -amend Agreement No. CT 0101-PS2013 -191 (O 1615-13) ...... 1996 Variety Theater (restoration) -The Friends of the Historic Variety Theater — Economic Development (Ward 17 NCF) (O 1642-13) ...... 1950

AIDS

Federal AIDS Prevention Program, 2014 — Grants — Ohio Department of Health (O 1582-13)...... 1981

Appreciation

Miller, Councilman Eugene R. (R 1650-13)...... 1949 Westbrook, Councilman Jay (R 1651-13) ...... 1949 1997 52 The City Record December 4, 2013

Appropriations

Appropriations — additional — Six Hundred Fifty Thousand $650,000 — Enterprise Funds — Finance Department (O 1599-13) ...... 1986 Appropriations — Temporary — Year 2014 — Finance Department (O 1600-13) ...... 1987

Banks

Opposing the impending bank branch closing of the PNC Bank — East 185th St., 609 (Ward 11) (R 1621-13) ...... 1959

Board of Control — Carl B. Stokes Public Utilities Building

Food and beverage concession — per Ord. 1224-13 to Grand River Grill, Inc., dba Jibaro — Dept. of Public Utilities (BOC Res. 668-13) ...... 1953

Board of Control — Community Development Department

Cedar Avenue, 10522 (Ward 9) — PPN 121-20-004 — Cleveland Clinic Foundation (BOC Res. 674-13) ...... 1955 East 86th Street, 2290 (Ward 6) — PPN 119-30-059 — Teresa Floyd (BOC Res. 676-13) ...... 1955 East 97th Street, 598 (Ward 8) — PPN 108-05-043 — Gail McGhee (BOC Res. 675-13) ...... 1955 Greater Cleveland Regional Transit Authority (GCRTA) — various parcels on scattered sites (Ward 5) (BOC Res. 677-13) ...... 1955

Board of Control — Concession Agreement

Food and beverage concession at Carl B. Stokes Public Utilities Building — per Ord. 1224-13 to Grand River Grill, Inc., dba Jibaro — Dept. of Public Utilities (BOC Res. 668-13) ...... 1953

Board of Control — Land Reutilization Program

Cedar Avenue, 10522 (Ward 9) — PPN 121-20-004 — Cleveland Clinic Foundation (BOC Res. 674-13) ...... 1955 East 86th Street, 2290 (Ward 6) — PPN 119-30-059 — Teresa Floyd (BOC Res. 676-13) ...... 1955 East 97th Street, 598 (Ward 8) — PPN 108-05-043 — Gail McGhee (BOC Res. 675-13) ...... 1955 Greater Cleveland Regional Transit Authority (GCRTA) — various parcels on scattered sites (Ward 5) (BOC Res. 677-13) ...... 1955

Board of Control — Public Auditorium

Public events — free of charge — Convention and Visitors Bureau of Greater Cleveland — Greater Cleveland Sports Commission — exception to BOC Res. 250-12 — Dept. of Public Works (BOC Res. 673-13) ...... 1954

Board of Control — Public Utilities Department

Food and beverage concession at Carl B. Stokes Public Utilities Building — per Ord. 1224-13 to Grand River Grill, Inc., dba Jibaro (BOC Res. 668-13) ...... 1953 Generator maintenance, components, fuel testing, conditioning and recycling — per Ord. 675-13 to W.W. Williams Midwest, Inc. (BOC Res. 670-13) ...... 1954 Generator maintenance, components, fuel testing, conditioning and recycling — per Ord. 675-13 to Warner Diesel Filtration (BOC Res. 669-13) ...... 1953 Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to General Chemical Performance Products, LLC — Division of Water (BOC Res. 671-13) ...... 1954 Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to USALCO, LLC — Division of Water (BOC Res. 672-13)...... 1954

Board of Control — Public Works Department

Public events at Public Auditorium — free of charge — Convention and Visitors Bureau of Greater Cleveland — Greater Cleveland Sports Commission — exception to BOC Res. 250-12 (BOC Res. 673-13) ...... 1954

Board of Control — Requirement Contracts

Generator maintenance, components, fuel testing, conditioning and recycling — per Ord. 675-13 to W.W. Williams Midwest, Inc. — Dept. of Public Utilities (BOC Res. 670-13) ...... 1954 Generator maintenance, components, fuel testing, conditioning and recycling — per Ord. 675-13 to Warner Diesel Filtration — Dept. of Public Utilities (BOC Res. 669-13)...... 1953 Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to General Chemical Performance Products, LLC — Division of Water, Dept. of Public Utilities (BOC Res. 671-13) ...... 1954 Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to USALCO, LLC — Division of Water, Dept. of Public Utilities (BOC Res. 672-13) ...... 1954 1998 December 4, 2013 The City Record 53

Board of Control — Water Division

Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to General Chemical Performance Products, LLC — Dept. of Public Utilities (BOC Res. 671-13)...... 1954 Liquid alum and alum blend coagulants — per C.O. Sec. 129.24 to USALCO, LLC — Dept. of Public Utilities (BOC Res. 672-13) ...... 1954

Board of Zoning Appeals — Report

East 37th Street, 2919, (Ward 5) — Charlie Whitfield, owner — appeal postponed to 1/06/14 on 12/2/13 (Cal. 13-248) ...... 1956 Kinsman Road, 7830, (Ward 5) — Cuyahoga Metropolitan Housing Authority, owner — appeal dismissed on 12/2/13 (Cal. 13-186)...... 1956 Kordiac, Terry, d.b.a. A-AA Terry the Plumber, LLC, a.k.a. Terry the Plumber, Incorporated — — appeal to be heard on 12/16/13 on 12/16/13 (Cal. 13-187)...... 1956 Professor Avenue, 2393, (Ward 3) — 2393 Tremont LLC, owner — appeal heard on 12/2/13 (Cal. 13-243) ...... 1956 State Road, 4931, (Ward 13) — Ioannis Vasilakis, owner, and Ishaq Alhamzeh, prospective tenant — appeal postponed to 1/06/14 on 12/2/13 (Cal. 13-219) ...... 1956 Windward Road, 17714, (Ward 11) — Clifford and Amy Whitehead, owners — appeal heard on 12/2/13 (Cal. 13-250) ...... 1956

Board of Zoning Appeals — Schedule

West 25th Street, 2168, (Ward 3) — Apocalypse Development Ltd., owner, and Voss Industries, Incorporated — appeal to be heard on 12/16/13 (Cal. 13-254) ...... 1956

Capital Projects

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts (Ward(s) 03, 14) (O 1383-13) ...... 1965 Aust Ave. — encroach into right -of- way — bollards, backup generator, an electric transformer, gas meter and utility ductbank — West 25th Street Lofts LLC (Ward 03) (O 1410-13) ...... 1966 Community Development and Capital Projects — amend Contract No. CT 8006, NF 2013-016 — UCAA LIMITED — Upper Chester Target Area (O 1466-13) ...... 1971 Denison Avenue underground ductbank and resurfacing project — public improvement contract — Amend Sect. 17 of Ord. 908-12 (O 1549-13) ...... 1979 East 97th St. — intention to vacate a portion — City Planning Commission (Ward 06) (R 1414-13) ...... 1958 Euclid Ave. and East 22nd St. — encroach into right-of-way — utility duct bank — Cleveland State University (Ward 08) (O 1493-13) ...... 1973 Euclid Ave., Huron Rd., and East 14th St. — encroach into right-of-way — four gateways and a chandelier — Playhouse Square Foundation (Ward 03) (O 1495-13) ...... 1974 Logan Ct., N.E. — intention to vacate a portion — City Planning Commission (Ward 07) (R 1502-13) ...... 1958 Mulberry St. — encroach into right-of-way — surface parking area — K&D Enterprises, Inc. (Ward 08) (O 1494-13) ...... 1973 Mulberry St., N.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 1503-13) ...... 1958 Sell Property on Grand Ave., PPN 126-27-132 — C.A.J. PROPERTIES, LLC (O 1231-13) ...... 1963 Superior Ave. and East 89th St. — encroach into right -of- way — 5-foot wide landscape buffer strip — PATDAN VA LLC (Ward(s) 06, 07) (O 1409-13) ...... 1966 West 26th PL. — intention to vacate a portion — City Planning Commission (Ward 14) (R 1471-13) ...... 1958

Case Western Reserve University (CWRU)

Lease Agreement with CWRU for Kirtland Intake Crib — Wind Turbine — Utilities Department (O 1302-13) ...... 1963

City of Cleveland Bids

Art Gallery Dedication Project — Department of Port Control — Division of Cleveland Hopkins International Airport — per Ord. 359-05 — bid due January 22, 2014 (advertised 11/27/2013 and 12/4/2013 and 12/11/2013) ...... 1957 Large valve renewal, Phase I — Department of Public Utilities — Division of Water — per Ord. 444-10 — bid due December 20, 2013 (advertised 11/27/2013 and 12/4/2013) ...... 1957 Rigging services (Re-bid) — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 1630-12 — bid due January 24, 2014 (advertised 12/4/2013 and 12/11/2013) ...... 1957 Roof replacement at Nottingham Water Works Plant Filter Building (Project No. 659) — Department of Public Utilities — Division of Water — per Ord. 262-12 — bid due December 20, 2013 (advertised 11/27/2013 and 12/4/2013) ...... 1957 Safety equipment for OSHA/PERRP compliance (Re-bid) — Department of Public Utilities — Division of Water — per Ord. 26-13 — bid due January 23, 2014 (advertised 12/4/2013 and 12/11/2013)...... 1957 1999 54 The City Record December 4, 2013

Switchgear, walk-in, 15kV for Harvard Substation (Re-bid) — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 556-08 — bid due January 22, 2014 (advertised 12/4/2013 and 12/11/2013)...... 1957 West Side Market cleaning (Re-bid) — Department of Public Works — per C.O. Sec. 181.101 — bid due December 18, 2013 (advertised 11/27/2013 and 12/4/2013) ...... 1956

City Planning Commission

Ablewhite Ave. off of Eddy Rd. — secondary and honorary designation of “Samuel A. McNeal Way” — Works Department (Ward 09) (O 1618-13)...... 1996 Bethany Baptist Church (Aka Zion Evangelical Church) — PPN 109-18-001/ 002/ 003/ 004/ 005 — designate as landmark (Ward 08) (O 1077-13) ...... 1961 Central Christian Church (Aka Glenville Church Of Christ) — East 105th St., 697; Helena Ave., 10501-15 — PPN 108-25-058 — designate as landmark (Ward 08) (O 1078-13) ...... 1961 Chester Ave. (between East 97th St. and East 101st St.) — change Use, Area and Height Districts (Ward 07) (O 1461-13) ...... 1970 E. 41 St. (southwest side) — change Use, Area and Height Districts (Ward 08) (O 1436-13) ...... 1969 E. 62nd St. south of Grdina Dr. — change Use and Area Districts (Ward 07) (O 1379-13) ...... 1964 East 97th St. — intention to vacate a portion (Ward 06) (R 1414-13) ...... 1958 Jacob Vidmar Bldg. — St. Clair Ave., 3830 — PPN 102-20-006 — designate as landmark (Ward 08) (O 1225-13) ...... 1962 Kinsman Road and East 131st Street Redevelopment Plan Project — agreement — Project Group (Ward 02 CRF) (O 1642-13)...... 1950 Logan Ct., N.E. — intention to vacate a portion — Capital Projects Office (Ward 07) (R 1502-13) ...... 1958 Madison Ave. (between Berea Rd. and W. 85th St.) — establish Pedestrian Retail Overlay (PRO) District — (Ward(s) 17, 16) (O 1332-13) ...... 1964 May Company Warehouse — Payne Ave., 4100-40 — PPN 104-32-015 — designate as landmark (Ward 08) (O 1214-13) ...... 1962 Mulberry St., N.W. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 1503-13) ...... 1958 Otto Narveleit Building — PPN 108-09-036 — designate as landmark (Ward 08) (O 1079-13)...... 1961 Triskett Court N.W. — intention to vacate a portion — Capital Projects Office (Ward 19) (R 1343-13) ...... 1957 Vogt Bldg. — Superior Ave., 3303-07 — PPN 102-19-053 — designate as landmark (Ward 08) (O 1226-13) ...... 1963 West 26th PL. — intention to vacate a portion — Capital Projects Office (Ward 14) (R 1471-13)...... 1958

Clerk of Council

Communication and public relations consulting services — Mita Marketing LLC (O 1611-13) ...... 1995 Computer technology projects — amend Contract # PS 2010*83 — Solar Systems Networking Inc. (O 1613-13) ...... 1996 Consulting services for utility -related matters — The Project Group (O 1612-13) ...... 1995 Financial consulting and auditing services — Guy Gadomski, CPA (O 1609-13) ...... 1995 Intranet and internet sites — Thunder Tech (O 1614-13) ...... 1996 Legal issues, Advising on the Charter and Codified Ordinances related to campaign finance issues — Don McTigue (O 1610-13) ...... 1995 Operation and Sustainability plan implementation — Cobalt Group, Inc. (O 1608-13) ...... 1995 Vacant Abandoned Property Action Council — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — amend Agreement No. CT 0101-PS2013 -191 (O 1615-13) ...... 1996

Cleveland Hopkins International Airport (CHIA)

Space at North Cargo Facility Building — lease for air cargo facility — Servisair USA, Inc. (O 1513-13) ...... 1976 Space at South Cargo Facility Building — lease for air cargo facility — United Airlines (O 1515-13) ...... 1977 Terminal Building space (Concourse “A”) — lease agreement — Frontier Airlines (O 1512-13) ...... 1976 Valet parking services — lease agreement — Standard Parking (O 1514-13)...... 1976

Cleveland Metropolitan School District (CMSD)

Euclid Ave., 7012 — Victory Bldg. — TIF Agreement — Victory Midtown, LLC — CMSD (Ward 05) (O 1548-13) ...... 1979

Cleveland State University (CSU)

Euclid Ave. and East 22nd St. — encroach into right-of-way — utility duct bank — Capital Projects (Ward 08) (O 1493-13) ...... 1973

Codified Ordinances

Compensation for members of various City boards and commissions — amend Sections 173.13, 173.14, 173.21 and 173.67 (O 1642-13) ...... 1950 Establishment and Terms of the Community Relations Board — amend Section 157.01 (O 1641-13) ...... 1950 2000 December 4, 2013 The City Record 55

Exempting special event carriage businesses from license requirement — amend Sections 447.02 and 447.08 (O 1474-13) ...... 1971 Police Enforcement Duty — amend Section 403.01 — Safety Department (O 1635-13)...... 1997

Collective Bargaining Agreements

Cleveland Building and Construction Trades Council — approve collective bargaining agreement — Finance Department — Human Resource Department (O 1579-13) ...... 1980 Service Employees International Union, District 1199, AFL-CIO (SEIU) — approve collective bargaining agreement — amend Ord. 1689-11 — Finance Department — Human Resource Department (O 1588-13) ...... 1984

Community Development

Arbor Park Phase II Refinancing — amend contract # 57340 (Ward 05) (O 1430-13) ...... 1967 Community Development and Capital Projects — amend Contract No. CT 8006, NF 2013-016 — UCAA LIMITED — Upper Chester Target Area (O 1466-13) ...... 1971 Healthy Homes Grant — Lead Hazard Reduction Demonstration Grant or Lead Hazard Control Grant — HUD (O 1522-13) ...... 1977 Neighborhood Housing Services of Greater Cleveland, Inc. — amend contracts — West 45th Street Apartments (Ward 15) (O 1597-13) ...... 1953

Community Development Block Grant Program (CDBG)

Childhood Lead Poisoning Prevention Program — Grants — Ohio Department of Public Health (O 1587-13) ...... 1983

Community Relations Board

Compensation for members of various City boards and commissions — amend Sections 173.13, 173.14, 173.21 and 173.67 (O 1642-13) ...... 1950 Establishment and Terms of the Community Relations Board — amend Section 157.01 (O 1641-13) ...... 1950

Condolences

Bridges, Candace A. (R 1656-13)...... 1949 Knight, Jr., Andrew (R 1648-13)...... 1949 Malone, Mary Yates (R 1657-13) ...... 1949 Mikula, Dorothy (R 1658-13) ...... 1949 Powell, John (R 1649-13) ...... 1949 Zimmer, Floyd (R 1659-13) ...... 1949

Congress of United States

Support comprehensive immigration reform (R 1640-13) ...... 1951

Contracts

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — Capital Projects Office (Ward(s) 03, 14) (O 1383-13)...... 1965 Communication and public relations consulting services — Mita Marketing LLC (O 1611-13) ...... 1995 Community Development and Capital Projects — amend Contract No. CT 8006, NF 2013-016 — UCAA LIMITED — Upper Chester Target Area (O 1466-13) ...... 1971 Computer technology projects — amend Contract # PS 2010*83 — Solar Systems Networking Inc. (O 1613-13) ...... 1996 Consulting services for utility -related matters — The Project Group (O 1612-13) ...... 1995 Denison Avenue underground ductbank and resurfacing project — public improvement — Amend Sect. 17 of Ord. 908-12 (O 1549-13) ...... 1979 Financial consulting and auditing services — Guy Gadomski, CPA (O 1609-13) ...... 1995 Intranet and internet sites — Thunder Tech (O 1614-13) ...... 1996 Kinsman Road and East 131st Street Redevelopment Plan Project — agreement — Project Group — City Planning Commission (Ward 02 CRF) (O 1642-13)...... 1950 Legal issues, Advising on the Charter and Codified Ordinances related to campaign finance issues — Don McTigue (O 1610-13) ...... 1995 Long-term Waste Recycling and Disposal System — professional services — Gershman, Brickner & Bratton, Inc. (O 1521-13) ...... 1977 Municipal Solid Waste, transfer and disposal of — Waste Collection and Disposal Division — Public Works Department (O 1499-13) ...... 1975 Neighborhood Housing Services of Greater Cleveland, Inc. — West 45th Street Apartments (Ward 15) (O 1597-13) ...... 1953 Operation and Sustainability plan implementation — Cobalt Group, Inc. (O 1608-13) ...... 1995 Pavement grinding for resurfacing streets — Public Works (O 1498-13) ...... 1975 Vacant Abandoned Property Action Council — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — amend Agreement No. CT 0101-PS2013 -191 (O 1615-13) ...... 1996 Variety Theater (restoration) -The Friends of the Historic Variety Theater — agreement — Economic Development (Ward 17 NCF) (O 1642-13) ...... 1950 2001 56 The City Record December 4, 2013

Cuyahoga County

Apply & Accept Clean Ohio Green Space Conservation Program Grant — Towpath Trail Project, Stage 3 — Public Works (O 1591-13) ...... 1986 Community Diversion Program, 2014 — Grant — Juvenile Court — Community Relation (O 1544-13) ...... 1953 Cuyahoga County Port Authority — cooperative agreement — TIF — Hilton Hotel (O 1519-13) ...... 1952 Juvenile Accountability Block Grant Program, 2013 — Community Relations (O 1547-13) ...... 1953 Ontario St., 1219 — acquire and reconvey — chain of — title — TIF — Hilton Hotel (O 1518-13) ...... 1952 Solid Waste Disposal Program, 2014 — Cuyahoga County Solid Waste Management District (O 1585-13) ...... 1982

Cuyahoga County Port Authority

Cooperative agreement — Cuyahoga County — TIF — Hilton Hotel (O 1519-13) ...... 1952

Economic Development Department

Approving addition of Northeast Ohio Advanced Energy District for Playhouse Square (O 1552-13) ...... 1953 Approving addition of Northeast Ohio Advanced Energy District for Optima (O 1553-13) ...... 1953 Brownfield Revolving Loan Program — assist with environmental remediation — US EPA — Grants (O 1545-13) ...... 1978 Cuyahoga County Port Authority — cooperative agreement — Cuyahoga County — TIF — Hilton Hotel (O 1519-13) ...... 1952 Euclid Ave., 7012 — Victory Bldg. — TIF Agreement — Victory Midtown, LLC — CMSD (Ward 05) (O 1548-13) ...... 1979 Execution and delivery of an amended and restated petition to participate in the Northeast Ohio Advanced Energy District (O 1551-13) ...... 1953 Extend membership in Northcoast Brownfield Coalition — Grant — US EPA (O 1546-13)...... 1978 Harvard Rd. and Mill Pond Dr. — Sell City-owned property — PROPSTONE, LLC — behavioral hospital (O 1470-13) ...... 1971 Neighborhood Housing Services of Greater Cleveland, Inc. — amend contracts — West 45th Street Apartments (Ward 15) (O 1597-13) ...... 1953 Ontario St., 1219 — acquire and reconvey — Cuyahoga County — chain of — title — TIF — Hilton Hotel (O 1518-13) ...... 1952 Optima 777, LLC — St. Clair Ave., 777 (former Crowne Plaza Hotel) — Tax Increment Financing Agreement — Amend Sect(s) 1,4 and 5 of Ord. 1219-11 (Ward 03) (O 1550-13)...... 1979 Variety Theater (restoration) -The Friends of the Historic Variety Theater — agreement (Ward 17 NCF) (O 1642-13) ...... 1950

Encroachments

Aust Ave. — right -of- way — bollards, backup generator, an electric transformer, gas meter and utility ductbank — West 25th Street Lofts LLC — Capital Projects Office (Ward 03) (O 1410-13) ...... 1966 Euclid Ave. and East 22nd St. — right-of-way — utility duct bank — Cleveland State University — Capital Projects (Ward 08) (O 1493-13) ...... 1973 Euclid Ave., Huron Rd., and East 14th St. — right-of-way — four gateways and a chandelier — Playhouse Square Foundation (Ward 03) (O 1495-13)...... 1974 Mulberry St. — right-of-way — surface parking area — K&D Enterprises, Inc. (Ward 08) (O 1494-13) ...... 1973 Superior Ave. and East 89th St. — right -of- way — 5-foot wide landscape buffer strip — PATDAN VA LLC — Capital Projects Office (Ward(s) 06, 07) (O 1409-13)...... 1966

Enterprise Funds

Appropriations — additional — Six Hundred Fifty Thousand $650,000 — Enterprise Funds — Finance Department (O 1599-13) ...... 1986 Fund transfers — $2,009,000 Million — General Fund — $1,150,000 Million — Special Revenue Fund — $ 5,605,576 Million — Enterprise Fund — Finance Department (O 1601-13) ...... 1993

Environmental Protection Agency (EPA)

Brownfield Revolving Loan Program — assist with environmental remediation — Grants (O 1545-13) ...... 1978 Extend membership in Northcoast Brownfield Coalition — Grant (O 1546-13)...... 1978 Oppose license application for Bradley Rd. landfill (Ward 13) (R 1620-13) ...... 1959

Fair Housing Review Board

Compensation for members of various City boards and commissions — amend Sections 173.13, 173.14, 173.21 and 173.67 (O 1642-13) ...... 1950 2002 December 4, 2013 The City Record 57

Finance Department

Appropriations — additional — Six Hundred Fifty Thousand $650,000 — Enterprise Funds (O 1599-13) ...... 1986 Appropriations — Temporary — Year 2014 (O 1600-13) ...... 1987 Cleveland Browns Stadium Company LLC — agreement — capital repairs and improvements — First Energy Stadium (O 1578-13) ...... 1980 Cleveland Building and Construction Trades Council — approve collective bargaining agreement — Human Resource Department (O 1579-13) ...... 1980 Cuyahoga County Port Authority — cooperative agreement — Cuyahoga County — TIF — Hilton Hotel (O 1519-13) ...... 1952 Fund transfers — $2,009,000 Million — General Fund — $1,150,000 Million — Special Revenue Fund — $ 5,605,576 Million — Enterprise Fund (O 1601-13) ...... 1993 Salary and wage schedules — Sections 40 and 58 — amend Ord. 1689-11 and Ord. 121-13 — Human Resources Department (O 1590-13) ...... 1984 Service Employees International Union, District 1199, AFL-CIO (SEIU) — approve collective bargaining agreement — amend Ord. 1689-11 — Human Resource Department (O 1588-13) ...... 1984 Temporary and seasonal personnel — employ temporary employment agencies — Projects Clean Program — Human Resources Department (O 1491-13) ...... 1972

General Fund

Fund transfers — $2,009,000 Million — General Fund — $1,150,000 Million — Special Revenue Fund — $ 5,605,576 Million — Enterprise Fund — Finance Department (O 1601-13) ...... 1993

Grants

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts — Capital Projects Office (Ward(s) 03, 14) (O 1383-13) ...... 1965 Apply & Accept Clean Ohio Green Space Conservation Program Grant — Towpath Trail Project, Stage 3 — Public Works (O 1591-13) ...... 1986 Arbor Park Phase II Refinancing — amend contract # 57340 (Ward 05) (O 1430-13) ...... 1967 Breast and Cervical Cancer Prevention Program — provide clinical services — Cuyahoga County Board of Health (O 1581-13) ...... 1981 Brownfield Revolving Loan Program — assist with environmental remediation — US EPA (O 1545-13) ...... 1978 Childhood Lead Poisoning Prevention Program -Ohio Department of Public Health — CDBG (O 1587-13) ...... 1983 Children’s Lead Poisoning Prevention Program’s — Ohio Department of Health (O 1589-13) ...... 1984 Community Diversion Program, 2014 — Juvenile Court — Community Relation — Cuyahoga County (O 1544-13) ...... 1953 Extend membership in Northcoast Brownfield Coalition — US EPA (O 1546-13) ...... 1978 Federal AIDS Prevention Program, 2014 — Ohio Department of Health (O 1582-13)...... 1981 Healthy Homes Grant — Lead Hazard Reduction Demonstration Grant or Lead Hazard Control Grant — HUD — Community Development Department (O 1522-13) ...... 1977 Immunization Action Plan Program, 2014 — charge and accept fees — Cuyahoga County Board of Health (O 1584-13) ...... 1982 Juvenile Accountability Block Grant Program, 2013 — Community Relations — Cuyahoga County (O 1547-13) ...... 1953 Labor demand study for residents of the City of Cleveland — agreement — Greater Cleveland Partnership — Office of Equal Opportunity (O 1469-13) ...... 1971 Mental Health and Substance Abuse Prevention Program, 2014 — Cuyahoga County Alcohol, Drug Addiction and Mental Health Services Board (O 1583-13) ...... 1982 Mom First Program — Rental of the Healthmobile — U.S. Department of Health and Human Services (O 1580-13) ...... 1981 Solid Waste Disposal Program, 2014 — Cuyahoga County Solid Waste Management District (O 1585-13) ...... 1982 STD Control Prevention Program, 2014 — Ohio Department of Health (O 1586-13) ...... 1983

Health Department

Breast and Cervical Cancer Prevention Program — provide clinical services — Cuyahoga County Board of Health — Grants (O 1581-13) ...... 1981 Childhood Lead Poisoning Prevention Program — Grants — Ohio Department of Public Health — CDBG (O 1587-13) ...... 1983 Children’s Lead Poisoning Prevention Program’s — Ohio Department of Health — Grants (O 1589-13) ...... 1984 Federal AIDS Prevention Program, 2014 — Grants — Ohio Department of Health (O 1582-13)...... 1981 Immunization Action Plan Program, 2014 — charge and accept fees — Cuyahoga County Board of Health — Grants (O 1584-13) ...... 1982 Mental Health and Substance Abuse Prevention Program, 2014 — Cuyahoga County Alcohol, Drug Addiction and Mental Health Services Board — Grants (O 1583-13) ...... 1982 Mom First Program — Rental of the Healthmobile — Grant — U.S. Department of Health and Human Services (O 1580-13) ...... 1981 Sickle Cell Awareness Education Program — agreement — Kincaid’s Kindred Spirits, Inc. (Ward 10 NEF) (O 1616-13)...... 1996 Solid Waste Disposal Program, 2014 — Cuyahoga County Solid Waste Management District (O 1585-13) ...... 1982 STD Control Prevention Program, 2014 — Grants — Ohio Department of Health (O 1586-13) ...... 1983 2003 58 The City Record December 4, 2013

Housing And Urban Development (HUD)

Healthy Homes Grant — Lead Hazard Reduction Demonstration Grant or Lead Hazard Control Grant — Community Development Department (O 1522-13) ...... 1977

Human Resources Department

Cleveland Building and Construction Trades Council — approve collective bargaining agreement — Finance Department (O 1579-13) ...... 1980 Salary and wage schedules — Sections 40 and 58 — amend Ord. 1689-11 and Ord. 121-13 — Finance Department (O 1590-13) ...... 1984 Service Employees International Union, District 1199, AFL-CIO (SEIU) — approve collective bargaining agreement — amend Ord. 1689-11 — Finance Department (O 1588-13) ...... 1984 Temporary and seasonal personnel — employ temporary employment agencies — Projects Clean Program — Finance Department (O 1491-13) ...... 1972

Landmark Commission

Bethany Baptist Church (Aka Zion Evangelical Church) — PPN 109-18-001/ 002/ 003/ 004/ 005 — designate as landmark — City Planning Commission (Ward 08) (O 1077-13) ...... 1961 Central Christian Church (Aka Glenville Church Of Christ) — East 105th St., 697; Helena Ave., 10501-15 — PPN 108-25-058 — designate as landmark — City Planning Commission (Ward 08) (O 1078-13) ...... 1961 Compensation for members of various City boards and commissions — amend Sections 173.13, 173.14, 173.21 and 173.67 (O 1642-13) ...... 1950 Jacob Vidmar Bldg. — St. Clair Ave., 3830 — PPN 102-20-006 — designate as landmark — City Planning Commission (Ward 08) (O 1225-13) ...... 1962 May Company Warehouse — Payne Ave., 4100-40 — PPN 104-32-015 — designate as landmark — City Planning Commission (Ward 08) (O 1214-13)...... 1962 Otto Narveleit Building — PPN 108-09-036 — designate as landmark — City Planning Commission (Ward 08) (O 1079-13) ...... 1961 Vogt Bldg. — Superior Ave., 3303-07 — PPN 102-19-053 — designate as landmark — City Planning Commission (Ward 08) (O 1226-13) ...... 1963

Lease Agreement

CWRU for Kirtland Intake Crib — Wind Turbine — Utilities Department (O 1302-13) ...... 1963 Space at North Cargo Facility Building — lease for air cargo facility — Servisair USA, Inc. — Cleveland Hopkins International Airport Division (O 1513-13) ...... 1976 Space at South Cargo Facility Building — lease for air cargo facility — United Airlines — Cleveland Hopkins International Airport Division (O 1515-13)...... 1977 Terminal Building space (Concourse “A”) — Frontier Airlines — Cleveland Hopkins International Airport Division (O 1512-13) ...... 1976 Valet parking services — Standard Parking — Cleveland Hopkins International Airport Division (O 1514-13) ...... 1976

Lease By Way Of Concession

Cleveland Browns Stadium Company LLC — agreement — capital repairs and improvements — First Energy Stadium (O 1578-13) ...... 1980

Leases

Day Care Facility — property at Earle B. Turner Recreation Center — Council for Economic Opportunities in Greater Cleveland (CEOGC) — Works Department (O 1412-13) ...... 1967

Liquor Permits

Bartlett Ave., 15315 — transfer of ownership application (Ward 01) (F 1655-13)...... 1949 Chester Ave., 1120 — Economic Development license transfer (Ward 03) (F 1652-13) ...... 1949 East 131st St., 4096 — objection to transfer of Liquor License (Ward 02) (R 1646-13) ...... 1951 East 185th St., 770 — objection to transfer of ownership (Ward 11) (R 1624-13) ...... 1960 Euclid Ave., 17801 (1st fl.) — objection to transfer of ownership (Ward 10) (R 1622-13) ...... 1959 Franklin Blvd., 2831 — objection to issuance (Ward 03) (R 1647-13) ...... 1952 Sophia Ave., 10202 — new application (Ward 04)(F 1653-13) ...... 1949 Spafford Rd., 7702 — objection to transfer of ownership (Ward 12) (R 1623-13) ...... 1960 Superior Ave., 3604 (1st fl & bsmt.) — objection to transfer of ownership (Ward 08) (R 1645-13) ...... 1951 W. St. Clair Ave., 830-36 — transfer of ownership application (Ward 03) (F 1654-13) ...... 1949

Loans

Brownfield Revolving Loan Program — assist with environmental remediation — US EPA — Grants (O 1545-13) ...... 1978 Neighborhood Housing Services of Greater Cleveland, Inc. — amend contracts — West 45th Street Apartments (Ward 15) (O 1597-13) ...... 1953 2004 December 4, 2013 The City Record 59

Neighborhood Equity Funds (NEF)

Patriots Youth Sports Football Recreation Program — agreement — Pierre Nappier Jr. Foundation — Works Department (Ward 07 NEF) (O 1617-13)...... 1996 Sickle Cell Awareness Education Program — agreement — Kincaid’s Kindred Spirits, Inc.,- Health Department (Ward 10 NEF) (O 1616-13)...... 1996

Office of Equal Opportunity

Labor demand study for residents of the City of Cleveland — grant agreement — Greater Cleveland Partnership (O 1469-13) ...... 1971

Ohio Department of Public Health

Children’s Lead Poisoning Prevention Program’s — Grants (O 1589-13) ...... 1984 Federal AIDS Prevention Program, 2014 — Grants (O 1582-13) ...... 1981

Ohio Department Of Transportation (ODOT)

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts — Capital Projects Office (Ward(s) 03, 14) (O 1383-13) ...... 1965 Denison Avenue underground ductbank and resurfacing project — public improvement contract — Amend Sect. 17 of Ord. 908-12 (O 1549-13) ...... 1979

Permits

Aust Ave. — encroach into right -of- way — bollards, backup generator, an electric transformer, gas meter and utility ductbank — West 25th Street Lofts LLC — Capital Projects Office (Ward 03) (O 1410-13) ...... 1966 Euclid Ave. and East 22nd St. — encroach into right-of-way — utility duct bank — Cleveland State University — Capital Projects (Ward 08) (O 1493-13)...... 1973 Euclid Ave., Huron Rd., and East 14th St. — encroach into right-of-way — four gateways and a chandelier — Playhouse Square Foundation (Ward 03) (O 1495-13) ...... 1974 Mulberry St. — encroach into right-of-way — surface parking area — K&D Enterprises, Inc. (Ward 08) (O 1494-13) ...... 1973 Superior Ave. and East 89th St. — encroach into right -of- way — 5-foot wide landscape buffer strip — PATDAN VA LLC — Capital Projects Office (Ward(s) 06, 07) (O 1409-13) ...... 1966

Police Division

Police Enforcement Duty — amend Section 403.01 — Safety Department (O 1635-13)...... 1997

Police Review Board

Compensation for members of various City boards and commissions — amend Sections 173.13, 173.14, 173.21 and 173.67 (O 1642-13) ...... 1950

Port Control Department

Space at North Cargo Facility Building — lease for air cargo facility — Servisair USA, Inc. — Cleveland Hopkins International Airport Division (O 1513-13) ...... 1976 Space at South Cargo Facility Building — lease for air cargo facility — United Airlines — Cleveland Hopkins International Airport Division (O 1515-13)...... 1977 Terminal Building space (Concourse “A”) — lease agreement — Frontier Airlines — Cleveland Hopkins International Airport Division (O 1512-13) ...... 1976 Valet parking services — lease agreement — Standard Parking — Cleveland Hopkins International Airport Division (O 1514-13) ...... 1976

Professional Services

Communication and public relations consulting services — Mita Marketing LLC (O 1611-13) ...... 1995 Computer technology projects — amend Contract # PS 2010*83 — Solar Systems Networking Inc. (O 1613-13) ...... 1996 Consulting services for utility -related matters — The Project Group (O 1612-13) ...... 1995 Financial consulting and auditing services — Guy Gadomski, CPA (O 1609-13) ...... 1995 Intranet and internet sites — Thunder Tech (O 1614-13) ...... 1996 Legal issues, Advising on the Charter and Codified Ordinances related to campaign finance issues — Don McTigue (O 1610-13) ...... 1995 Long-term Waste Recycling and Disposal System — contracts — Gershman, Brickner & Bratton, Inc. (O 1521-13) ...... 1977 Operation and Sustainability plan implementation — Cobalt Group, Inc. (O 1608-13) ...... 1995 Temporary and seasonal personnel — employ temporary employment agencies — Projects Clean Program — Finance Department — Human Resources Department (O 1491-13) ...... 1972 Vacant Abandoned Property Action Council — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — amend Agreement No. CT 0101-PS2013 -191 (O 1615-13) ...... 1996 2005 60 The City Record December 4, 2013

Public Improvements

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts — Capital Projects Office (Ward(s) 03, 14) (O 1383-13) ...... 1965 Denison Avenue underground ductbank and resurfacing project — contract — Amend Sect. 17 of Ord. 908-12 (O 1549-13) ...... 1979 Optima 777, LLC — St. Clair Ave., 777 (former Crowne Plaza Hotel) — Tax Increment Financing Agreement — Amend Sect(s) 1,4 and 5 of Ord. 1219-11 (Ward 03) (O 1550-13)...... 1979 Pavement grinding for resurfacing streets — Public Works (O 1498-13) ...... 1975

Public Works

Ablewhite Ave. off of Eddy Rd. — secondary and honorary designation of “Samuel A. McNeal Way” — City Planning Commission (Ward 09) (O 1618-13) ...... 1996 Apply & Accept Clean Ohio Green Space Conservation Program Grant — Towpath Trail Project, Stage 3 (O 1591-13) ...... 1986 Cleveland Browns Stadium Company LLC — agreement — capital repairs and improvements — First Energy Stadium (O 1578-13) ...... 1980 Day Care Facility — lease property at Earle B. Turner Recreation Center — Council for Economic Opportunities in Greater Cleveland (CEOGC) (O 1412-13) ...... 1967 Long-term Waste Recycling and Disposal System — professional services — contracts — Gershman, Brickner & Bratton, Inc. (O 1521-13)...... 1977 Municipal Solid Waste, transfer and disposal of — Waste Collection and Disposal Division (O 1499-13) ...... 1975 Patriots Youth Sports Football Recreation Program — agreement — Pierre Nappier Jr. Foundation (Ward 07 NEF) (O 1617-13)...... 1996 Pavement grinding for resurfacing streets (O 1498-13) ...... 1975 Temporary and seasonal personnel — employ temporary employment agencies — Projects Clean Program — Finance Department — Human Resources Department (O 1491-13) ...... 1972

Purchases And Supplies Division

Harvard Rd. and Mill Pond Dr. — Sell City-owned property — PROPSTONE, LLC — behavioral hospital (O 1470-13) ...... 1971 Ontario St., 1219 — acquire and reconvey — Cuyahoga County — chain of — title — TIF — Hilton Hotel (O 1518-13) ...... 1952 Sell Property On Grand Ave., PPN 126-27-132 — C.A.J. PROPERTIES, LLC (O 1231-13) ...... 1963

Resolution Of Support

Support comprehensive immigration reform (R 1640-13) ...... 1951 Support Senate Bill 83 dropping time limitations for sex crimes (R 1619-13) ...... 1958

Resolutions — Miscellaneous

Oppose license application for Bradley Rd. landfill (Ward 13) (R 1620-13) ...... 1959 Opposing the impending bank branch closing of the PNC Bank — East 185th St., 609 (Ward 11) (R 1621-13) ...... 1959 Support comprehensive immigration reform (R 1640-13) ...... 1951

Safety Department

Police Enforcement Duty — Amend Section 403.01 (O 1635-13) ...... 1997 Support Senate Bill 83 Dropping Time Limitations For Sex Crimes (R 1619-13) ...... 1958

Salaries

Cleveland Building and Construction Trades Council — approve collective bargaining agreement — Finance Department — Human Resource Department (O 1579-13) ...... 1980 Salary and wage schedules — Sections 40 and 58 — amend Ord. 1689-11 and Ord. 121-13 — Finance Department — Human Resources Department (O 1590-13) ...... 1984 Service Employees International Union, District 1199, AFL-CIO (SEIU) — approve collective bargaining agreement — amend Ord. 1689-11 — Finance Department — Human Resource Department (O 1588-13) ...... 1984

Senate Bills

Support Senate Bill 83 dropping time limitations for sex crimes (R 1619-13) ...... 1958

Special Revenue Funds

Fund transfers — $2,009,000 Million — General Fund — $1,150,000 Million — Special Revenue Fund — $ 5,605,576 Million — Enterprise Fund — Finance Department (O 1601-13) ...... 1993

Stadium

Cleveland Browns Stadium Company LLC — agreement — capital repairs and improvements — First Energy Stadium (O 1578-13) ...... 1980 2006 December 4, 2013 The City Record 61

Street Vacation

East 97th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 06) (R 1414-13)...... 1958 Logan Ct., N.E. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 07) (R 1502-13)...... 1958 Mulberry St., N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 1503-13) ...... 1958 Triskett Court N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 19) (R 1343-13) ...... 1957 West 26th PL. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 14) (R 1471-13)...... 1958

Streets — Name

Ablewhite Ave. off of Eddy Rd. — secondary and honorary designation of “Samuel A. McNeal Way” — City Planning Commission — Works Department (Ward 09) (O 1618-13) ...... 1996

Streets Division

Pavement grinding for resurfacing streets — Public Works (O 1498-13) ...... 1975

Unions

Service Employees International Union, District 1199, AFL-CIO (SEIU) — approve collective bargaining agreement — amend Ord. 1689-11 — Finance Department — Human Resource Department (O 1588-13) ...... 1984

Utilities Department

Consulting services for utility -related matters — The Project Group (O 1612-13) ...... 1995 Lease Agreement with CWRU for Kirtland Intake Crib — Wind Turbine (O 1302-13) ...... 1963

Ward 01

Bartlett Ave., 15315 — transfer of ownership application — liquor permit (F 1655-13)...... 1949 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 02

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Day Care Facility — lease property at Earle B. Turner Recreation Center — Council for Economic Opportunities in Greater Cleveland (CEOGC) — Works Department (O 1412-13) ...... 1967 East 131st St., 4096 — objection to transfer of Liquor License — liquor permit (R 1646-13) ...... 1951 Kinsman Road and East 131st Street Redevelopment Plan Project — agreement — Project Group — City Planning Commission (Ward 02 CRF) (O 1642-13)...... 1950 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 03

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts — Capital Projects Office (Ward(s) 03, 14) (O 1383-13) ...... 1965 Aust Ave. — encroach into right -of- way — bollards, backup generator, an electric transformer, gas meter and utility ductbank — West 25th Street Lofts LLC — Capital Projects Office (O 1410-13) ...... 1966 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Chester Ave., 1120 — Economic Development license transfer — liquor permit (F 1652-13) ...... 1949 Cleveland Browns Stadium Company LLC — agreement — capital repairs and improvements — First Energy Stadium (O 1578-13) ...... 1980 Euclid Ave., Huron Rd., and East 14th St. — encroach into right-of-way — four gateways and a chandelier — Playhouse Square Foundation (O 1495-13)...... 1974 Exempting special event carriage businesses from license requirement — amend Sections 447.02 and 447.08 (O 1474-13) ...... 1971 Franklin Blvd., 2831 — objection to issuance — liquor permit (R 1647-13) ...... 1952 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Mulberry St., N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1503-13)...... 1958 2007 62 The City Record December 4, 2013

Ontario St., 1219 — acquire and reconvey — Cuyahoga County — chain of — title — TIF — Hilton Hotel (O 1518-13) ...... 1952 Optima 777, LLC — St. Clair Ave., 777 (former Crowne Plaza Hotel) — Tax Increment Financing Agreement — Amend Sect(s) 1,4 and 5 of Ord. 1219-11 (O 1550-13) ...... 1979 Powell, John — Condolence (R 1649-13) ...... 1949 W. St. Clair Ave., 830-36 — transfer of ownership application — liquor permit (F 1654-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 04

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Sophia Ave., 10202 — new application — liquor permit (F 1653-13)...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 05

Arbor Park Phase II Refinancing — amend contract # 57340 (O 1430-13) ...... 1967 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Euclid Ave., 7012 — Victory Bldg. — TIF Agreement — Victory Midtown, LLC — CMSD (O 1548-13) ...... 1979 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 06

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 East 97th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1414-13) ...... 1958 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Superior Ave. and East 89th St. — encroach into right -of- way — 5-foot wide landscape buffer strip — PATDAN VA LLC — Capital Projects Office (Ward(s) 06, 07) (O 1409-13) ...... 1966 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 07

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Chester Ave. (between East 97th St. and East 101st St.) — change Use, Area and Height Districts — City Planning Commission (O 1461-13) ...... 1970 E. 62nd St. south of Grdina Dr. — change Use and Area Districts — City Planning Commission (O 1379-13) ...... 1964 Logan Ct., N.E. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1502-13) ...... 1958 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Patriots Youth Sports Football Recreation Program — agreement — Pierre Nappier Jr. Foundation — Works Department (Ward 07 NEF) (O 1617-13)...... 1996 Powell, John — Condolence (R 1649-13) ...... 1949 Superior Ave. and East 89th St. — encroach into right -of- way — 5-foot wide landscape buffer strip — PATDAN VA LLC — Capital Projects Office (Ward(s) 06, 07) (O 1409-13) ...... 1966 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 08

Bethany Baptist Church (Aka Zion Evangelical Church) — PPN 109-18-001/ 002/ 003/ 004/ 005 — designate as landmark — City Planning Commission (O 1077-13) ...... 1961 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Central Christian Church (Aka Glenville Church Of Christ) — East 105th St., 697; Helena Ave., 10501-15 — PPN 108-25-058 — designate as landmark — City Planning Commission (O 1078-13) ...... 1961 E. 41 St. (southwest side) — change Use, Area and Height Districts — City Planning Commission (O 1436-13)...... 1969 Euclid Ave. and East 22nd St. — encroach into right-of-way — utility duct bank — Cleveland State University — Capital Projects (O 1493-13) ...... 1973 Jacob Vidmar Bldg. — St. Clair Ave., 3830 — PPN 102-20-006 — designate as landmark — City Planning Commission (O 1225-13) ...... 1962 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 May Company Warehouse — Payne Ave., 4100-40 — PPN 104-32-015 — designate as landmark — City Planning Commission (O 1214-13) ...... 1962 2008 December 4, 2013 The City Record 63

Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Mulberry St. — encroach into right-of-way — Surface Parking Area — K&D Enterprises, Inc. (O 1494-13) ...... 1973 Otto Narveleit Building — PPN 108-09-036 — designate as landmark — City Planning Commission (O 1079-13)...... 1961 Powell, John — Condolence (R 1649-13) ...... 1949 Superior Ave., 3604 (1st Fl & Bsmt.) — objection to transfer of ownership — liquor permit (R 1645-13) ...... 1951 Vogt Bldg. — Superior Ave., 3303-07 — PPN 102-19-053 — designate as landmark — City Planning Commission (O 1226-13) ...... 1963 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 09

Ablewhite Ave. off of Eddy Rd. — secondary and honorary designation of “Samuel A. McNeal Way” — City Planning Commission — Works Department (O 1618-13)...... 1996 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Knight, Jr., Andrew — Condolence (R 1648-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 10

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Euclid Ave., 17801 (1st fl.) — objection to transfer of ownership — liquor permit (R 1622-13) ...... 1959 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Sell Property on Grand Ave., PPN 126-27-132 — C.A.J. PROPERTIES, LLC (O 1231-13) ...... 1963 Sickle Cell Awareness Education Program — agreement — Kincaid’s Kindred Spirits, Inc.,- Health Department (Ward 10 NEF) (O 1616-13)...... 1996 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 11

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 East 185th St., 770 — objection to transfer of ownership — liquor permit (R 1624-13)...... 1960 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Opposing the impending bank branch closing of the PNC Bank — East 185th St., 609 (R 1621-13)...... 1959 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 12

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Mikula, Dorothy — Condolence (R 1658-13) ...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Spafford Rd., 7702 — objection to transfer of ownership — liquor permit (R 1623-13) ...... 1960 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 13

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Oppose license application for Bradley Rd. landfill (R 1620-13) ...... 1959 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 14

Accept Issue 1 Grant for rehabilitation of US Route 42, Scranton/Carter, and Warner Road — contracts — Capital Projects Office (Ward(s) 03, 14) (O 1383-13) ...... 1965 Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Denison Avenue underground ductbank and resurfacing project — public improvement contract — Amend Sect. 17 of Ord. 908-12 (O 1549-13) ...... 1979 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 West 26th PL. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1471-13) ...... 1958 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949 2009 64 The City Record December 4, 2013

Ward 15

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Neighborhood Housing Services of Greater Cleveland, Inc. — amend contracts — West 45th Street Apartments (O 1597-13) ...... 1953 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 16

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Madison Ave. (between Berea Rd. and W. 85th St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 17, 16) (O 1332-13) ...... 1964 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 17

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Madison Ave. (between Berea Rd. and W. 85th St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 17, 16) (O 1332-13) ...... 1964 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Support comprehensive immigration reform (R 1640-13) ...... 1951 Variety Theater (restoration) -The Friends of the Historic Variety Theater — agreement — Economic Development (Ward 17 NCF) (O 1642-13) ...... 1950 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949

Ward 18

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949 Zimmer, Floyd — Condolence (R 1659-13) ...... 1949

Ward 19

Bridges, Candace A. — Condolence (R 1656-13) ...... 1949 Malone, Mary Yates — Condolence (R 1657-13)...... 1949 Miller, Councilman Eugene R. — Appreciation (R 1650-13) ...... 1949 Powell, John — Condolence (R 1649-13) ...... 1949 Triskett Court N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 1343-13)...... 1957 Westbrook, Councilman Jay — Appreciation (R 1651-13)...... 1949 Zimmer, Floyd — Condolence (R 1659-13) ...... 1949

Waste Collection and Disposal Division

Municipal Solid Waste, transfer and disposal of — Public Works Department (O 1499-13) ...... 1975

Zoning

Chester Ave. (between East 97th St. and East 101st St.) — change Use, Area and Height Districts — City Planning Commission (Ward 07) (O 1461-13) ...... 1970 E. 41 St. (southwest side) — change Use, Area and Height Districts — City Planning Commission (Ward 08) (O 1436-13) ...... 1969 E. 62nd St. south of Grdina Dr. — change Use and Area Districts — City Planning Commission (Ward 07) (O 1379-13) ...... 1964 Madison Ave. (between Berea Rd. and W. 85th St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 17, 16) (O 1332-13) ...... 1964

Zoning Code

Oppose license application for Bradley Rd. landfill (Ward 13) (R 1620-13) ...... 1959

2010