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

August the Twenty-First, 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 52 Ward Name Board of Control 52 1 Terrell H. Pruitt Civil Service 54 2 Zachary Reed Board of Zoning Appeals 54 3 Joe Cimperman Board of Building Standards 4 Kenneth L. Johnson and Building Appeals 55 5 Phyllis E. Cleveland Public Notice 57 6 Mamie J. Mitchell Public Hearings 57 7 TJ Dow City of Cleveland Bids 57 8 Jeffrey D. Johnson Adopted Resolutions 9 Kevin Conwell and Ordinances 58 10 Eugene R. Miller Committee Meetings 89 11 Michael D. Polensek Index 90 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 West Boulevard 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, AUGUST 21, 2013 No. 5202 CITY COUNCIL WEDNESDAY AUGUST 14, 2013

The City Record WEDNESDAY — Alternating COMMUNICATIONS Published weekly by the City Clerk, Clerk of Council under authority 1:30 P.M. — Public Utilities Com- File No. 1047-13. of the Charter of the mittee: Pruitt, Chair; Brady, Vice From Jennifer E. Winter, Project Chair; Conwell, Cummins, Dow, Kel- Consultant for Archives Apart- City of Cleveland ley, Mil ler, Polensek, Westbrook. ments/Welcome House, Inc., 2845 The City Record is available Franklin Boulevard, Cleveland, OH online at 1:30 P.M. — City Planning Com- 44113 (Ward 3) — Notification of www.clevelandcitycouncil.org mittee: Cleveland, Chair; Westbrook, submission of application to Address all communications to Vice Chair; Brady, Conwell, Dow, Housing Finance Agency to utilize PATRICIA J. BRITT Keane, Zone. multi-family funding programs in this development. Received. City Clerk, Clerk of Council The following Committees are subject to the Call of the Chair: 216 City Hall File No. 1048-13. Rules Committee: Sweeney, Chair; From Martin L. Flask, Director, PERMANENT SCHEDULE Cleveland, Keane, Polensek, Pruitt. Department of Public Safety, City of STANDING COMMITTEES Personnel and Operations Commit- Cleveland — Notification of Accep- tance of grant for the Department OF THE COUNCIL tee: Westbrook, Chair; Conwell, K. Johnson, Kelley, Mitchell, Sweeney, of Public Safety from the National 2010-2013 Zone. Association of Drug Diversion Inves- tigators. Received. MONDAY — Alternating Mayor’s Appointment Committee: Dow, Chair; Cleveland, Kelley, Mil - OATH OF OFFICE 9:30 A.M. — Public Parks, Proper- ler, Sweeney. File No. 1046-13. ties, and Recreation Committee: K. Sustainability Sub-Committee: Zone, Tiffany M. White — Commission- Johnson, Chair; Conwell, Vice Chair; Chair; Westbrook, Vice Chair; Cum- er of Division of Purchases and Sup- Brancatelli, Cimperman, Dow, Polen- mins. sek. plies. Received. 9:30 A.M. — Health and Human STATEMENT OF WORK Services Committee: Cimperman, OFFICIAL PROCEEDINGS Chair; J. Johnson, Vice Chair; Con- ACCEPTANCE well, Keane, Kelley, Polensek. CITY COUNCIL 11:00 A.M. — Public Service Com- ______File No. 1045-13. From Department of Public Utili- mittee: Miller, Chair; Cummins, Vice ties, City of Cleveland — Warehouse Chair; Cleveland, Dow, K. Johnson, Cleveland, Ohio Improvements Project. Contractor: Keane, Polensek, Pruitt, Sweeney. Wednesday, August 14, 2013 Panzica Construction Company. Con- 11:00 A.M. — Legislation Commit- The meeting of the Council was called to order at with the President tract: #PI2010000000044. Date of tee: Mitchell, Chair; K. Johnson, of Council, Martin J. Sweeney, in the Acceptance: February 29, 2012. Vice Chair; Brancatelli, Cimperman, Chair. Received. Cleveland, Sweeney. Council Members present: Dona Brady, Anthony Brancatelli, Joe PLAT MONDAY Cimperman, Phyllis E. Cleveland, Kevin Conwell, Brian J. Cummins, File No. 1116-13. 2:00 P.M. — Finance Committee: TJ Dow, Jeffrey D. Johnson, Ken- Dedication Plat — Waverly Sta- Kelley, Chair; Sweeney, Vice Chair; neth L. Johnson, Martin J. Keane, tion Subdivision Phase 3, Bridge Brady, Brancatelli, Cleveland, Keane, Kevin J. Kelley, Eugene R. Miller, Avenue between West 57th Street Miller, Mitchell, Pruitt, Westbrook, Mamie J. Mitchell, Michael D. and West 58th Street. Zone. Polensek, Terrell H. Pruitt, Zack Approved by Committees on City Reed, Martin J. Sweeney, Jay West- Planning and Public Service. With- TUESDAY brook and Matthew Zone. out objection, Plat approved. Yeas Also present were: Chief Operat- 19. Nays. 0 9:30 A.M. — Community and Eco- ing Officer Darnell Brown, Chief of nomic Development Committee: Bran - Government Affairs Valarie J. FROM OHIO DIVISION OF catelli, Chair; Dow, Vice Chair; Cim- McCall, Chief of Communications LIQUOR CONTROL perman, Cummins, J. Johnson, Miller, Maureen Harper, Chief of Sustain- Pruitt, Westbrook, Zone. ability Jenita McGowan, and Direc- File No. 1029-13. 1:30 P.M. — Employment, Affir- tors Langhenry, Dumas, Bender, RE: #2434309 — Transfer of Own- ership Application, D5. E5 Capital mative Action and Training Com- Wasik, Flask, Rush, Southerington, Corp., d.b.a. Wexlers, 4555 State mittee: Zone, Chair; Pruitt, Vice Nichols, Brown, Fumich, and Ambroz. Road. (Ward 13). Received. Chair; Cummins, J. Johnson, K. Johnson, Mitchell, Westbrook. Council Members, Administration, File No. 1030-13. Staff, and those in the audience rose RE: #1434315 — Stock Application, WEDNESDAY — Alternating for a moment of silent reflection, D2 D2X D3 D3A D6. Chinato Limit- and the Pledge of Allegiance. ed, 2079 East 4th Street. (Ward 3). 10:00 A.M. — Aviation and Trans- Received. portation Committee: Keane, Chair; MOTION Pruitt, Vice Chair; Cummins, J. John- File No. 1031-13. son, K. Johnson, Kelley, Mitchell. On the motion of Council Member RE: #1269353 — Transfer of Own- 10:00 A.M. — Public Safety Com- Reed, the reading of the minutes of ership Application, C1. Carnegie Gas mittee: Conwell, Chair; Polensek, the last meeting was dispensed with Inc., 8404 Carnegie Avenue. (Ward Vice Chair; Brady, Cleveland, Cum- and the journal approved. Seconded 6). Received. mins, Dow, Miller, Mitchell, Zone. by Council Member Brancatelli. 1315 4 The City Record August 21, 2013

File No. 1032-13. quarters Inc., d.b.a. HQ Lounge, 3349 RECOGNITION RESOLUTIONS RE: #4948435 — Transfer of Own- West 117th Street. (Ward 17). ership Application, C2 C2X. Kwick Received. The rules were suspended and the Food Corporation, 3643 East 116th following Resolutions were adopted Street. (Ward 6). Received. File No. 1075-13. without objection: RE: #4465658 — Transfer of Loca- File No. 1033-13. tion Application, D2 D2X D3 D3A. Res. No. 1150-13—Sandy Buchanan. RE: #0605530 — Stock Application, Kamms Red Lantern LLC, d.b.a. Res. No. 1151-13—Maurice Reedus, D5 D6. Bellflower Investments LLC, Kamms Red Lantern, 175446 Lorain Jr. a.k.a. “Sax Man”. 11401 Bellflower Road. (Ward 9). Avenue. (Ward 19). Received. Res. No. 1152-13—A Christmas Received. Story — 30th Anniversary. CONDOLENCE RESOLUTIONS Res. No. 1153-13—The Szmagala File No. 1034-13. Family. RE: #8827993 — New License The rules were suspended and the Res. No. 1154-13—Rev. Eugene C. Application, D5J. TBM Uptown LLC, following Resolutions were adopted Griggs. Res. No. 1155-13—Jacqui Knettel. d.b.a. Cleveland Beer Cellars, 11500 by a rising vote: Euclid Avenue. (Ward 9). Received. Res. No. 1156-13—Jim Brewer. Res. No. 1174-13—Marge Sweeney. Res. No. 1119-13—Patricia Ann File No. 1035-13. Gray (nee Jackson). APPRECIATION RESOLUTIONS RE: #2805847 — Transfer of Loca- Res. No. 1120-13—Jeanette Odessa tion Application, D1 D2. Food Xpress McDonald. and Gas Inc., d.b.a. Gas USA, 12307 The rules were suspended and the Res. No. 1121-13 — Eloise Marcus St. Clair Avenue. (Ward 10). following Resolutions were adopted Anderson. Received. without objection: Res. No. 1122-13—James Richard Harris. File No. 1036-13. Res. No. 1157-13—Brian G. Donley, Res. No. 1123-13—Harold Martin, RE: #91152510005 — Transfer of M.D. Sr. Location Application, D5J D6. 2Celts Res. No. 1158-13—Helen Knipe Corp., Parnells At Playhouse, 1501 Res. No. 1124-13—Dorothy Jane Smith. Euclid Avenue. (Ward 3). Received. Lewis. Res. No. 1159-13—Shirley Taylor. Res. No. 1125-13—Arnnetta Jean Res. No. 1160-13—Noah Sutton. File No. 1037-13. Jordan. RE: #9009245 — New License Res. No. 1126-13—Elaine Frances FIRST READING EMERGENCY Application, C1. Touma LLC, d.b.a. Wharton Weatherly. ORDINANCES REFERRED JJS Grab & Co., 4282 West 130th Res. No. 1127-13—Constance Edith Street. (Ward 17). Received. Jackson. Ord. No. 1076-13. Res. No. 1128-13—Angela Deskins. By Council Member Miller. File No. 1038-13. Res. No. 1129-13—Shirellda H. An emergency ordinance to amend RE: #0079316 — Transfer of Own- Terry. Section 551.38 of the Codified Ordi- ership Application, C1. Ahmad Gas Res. No. 1130-13—Shetisha Sheeley. nances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1003-06 Inc., d.b.a. Liberty Gas, 3935 West Res. No. 1131-13—Lonnie Burten, passed July 12, 2006 relating to dis- 130th Street. (Ward 18). Received. Sr. Res. No. 1132-13—Pastor Leon posal of used tires; reporting. Whereas, this ordinance consti- File No. 1039-13. Stallworth. tutes an emergency measure provid- RE: #2621017 — Stock Application, Res. No. 1133-13—Pinkie Newcomb. ing for the usual daily operation of D5J. Fairfield Investments LLC, Res. No. 1134-13—Lucy B. a municipal department; now, there- 1305 Euclid Avenue. (Ward 3). (Harville) Wilkerson. fore, Received. Res. No. 1135-13—Java C. Bowling, Be it ordained by the Council of III. the City of Cleveland: File No. 1040-13. Res. No. 1167-13—Reverend Roland Section 1. That Section 551.38 of the RE: #2445788 — Transfer of Loca- V. Anderson. Codified Ordinances of Cleveland, tion Application, D2 D2X D3 D3A D6. Res. No. 1173-13—Frances Heyer. Ohio, 1976, as amended by Ordinance Edwins Leadership and Restaurant No. 1003-06 passed July 12, 2006 is Institute Inc., 13101 Shaker Square CONGRATULATIONS RESOLUTIONS hereby amended to read as follows: (Ward 4). Received. The rules were suspended and the Section 551.38 Disposal of Used File No. 1041-13. following Resolutions were adopted Tires; Reporting RE: #5024319 — Transfer of Own- without objection: (a) Registration. No person, firm, or ership Application, D5. Lap LLC, corporation shall accept for disposal d.b.a. Tha Lap Bar & Grille, 6422 Res. No. 1136-13—The Great Lakes more than five (5) automobile, truck, Storer Avenue. (Ward 14). Received. Towing Company & Great Lakes motorcycle, or bicycle tires in any one Shipyard — 115th Anniversary. (1) calendar month in any one (1) File No. 1042-13. Res. No. 1137-13—Luticia Mae year unless and until the person, firm, RE: #7165681 — New License Green. or corporation has registered with the Application, C1. Raees Food Store Res. No. 1138-13—Ellen (Griggs) Commissioner of Assessments and Inc., 9800 9806-08 Almira Avenue. Adams. Licenses as a source of waste tires. (Ward 16). Received. Res. No. 1139-13—The Society of The Commissioner of Assessments St. E Premte — 75th Anniversary. and Licenses shall furnish a registra- File No. 1043-13. Res. No. 1140-13—Bertha Ragland tion form for the purposes of the reg- RE: #01007780411 — Transfer of Nelson. istration, and, upon the payment of a Location Application, C1 C2. Aldi Res. No. 1141-13—Ramesh U. Patel. fee of one hundred dollars ($100.00), Inc. Ohio, d.b.a. Aldi #25, 3586 Steel- shall issue a certificate of registra- yard Drive. (Ward 3). Received. Res. No. 1142-13—John Kastelic. Res. No. 1143-13—Notre Dame – tion, which may apply to all locations at which the registrant does business. Cathedral Latin School — 25th File No. 1044-13. Registrations shall be renewed annu- Anniversary. RE: #8725043 — Transfer of Own- ally. The form for registration shall Res. No. 1144-13—Bishop Gabriel S. ership Application, D5. Swagger contain the name and address of the Tavern LLC, 4301 State Road. (Ward Halton. registrant, and if a partnership, the 13). Received. Res. No. 1145-13—Marvin Braxton names and addresses of all partners, a.k.a. “Crazy Marvin”. and if a corporation, the name of the File No. 1073-13. Res. No. 1146-13—Donnaire André corporation and the names and RE: #3306657 — Transfer of Own- Woullard. addresses of the officers and the ership Application, C2 C2X. Grace Res. No. 1147-13—Puerto Rican statutory agent and shall contain Ohio Unlimited Inc., d.b.a. Kinsman Parade & Latino Fest — 45th Annu- additional information as deemed Market, 3344 East 116th Street. al. necessary by the Commissioner of (Ward 6). Received. Res. No. 1148-13—Cedar’s Finest/ Assessments and Licenses. Copies of The Jaber Family. all certificates of registration issued File No. 1074-13. Res. No. 1149-13—Cleveland Chem- by the Commissioner of Assessments RE: #1428979 — Transfer of Own- ical Pest Control, Inc. — 110th and Licenses shall be provided to the ership Application, D5. Chiefs Head- Anniversary. Commissioner of Environment; the 1316 August 21, 2013 The City Record 5

Commissioner of Assessments and Whereas, under Chapter 161 of the Ord. No. 1078-13. Licenses shall also provide a copy of Codified Ordinances of Cleveland, By Council Member J. Johnson. any certificate of registration to the Ohio, 1976, the Cleveland Landmarks An emergency ordinance desig- Council member in whose ward the Commission (the “Commission”), has nating Central Christian Church, registrant’s premises is located. proposed to designate Bethany Bap- formerly known as Glenville Church (b) Reporting. Except as provided tist Church, formerly Zion Evangel- of Christ Disciple, as a Cleveland in this section, all persons, firms, or ical Church, as a landmark; and Landmark. corporations registered under divi- Whereas, a public hearing under Whereas, under Chapter 161 of the sion (a) of this section shall report division (b)(2) of Section 161.04 was Codified Ordinances of Cleveland, tire disposal activity to the Commis- held on May 9, 2013 to discuss the Ohio, 1976, the Cleveland Landmarks sioner of Environment by submitting proposed designation of Bethany Commission (the “Commission”), has a monthly tire disposal report to the Baptist Church, formerly Zion Evan- proposed to designate Central Chris- Commissioner of Environment on a gelical Church, as a landmark; and tian Church, formerly known as form promulgated by the Commis- Whereas, the Commission has rec- Glenville Church of Christ Disciple, sioner for that purpose. The monthly ommended designation of Bethany as a landmark; and tire disposal report form shall contain Baptist Church, formerly Zion Evan- Whereas, a public hearing under the date and time that tires were gelical Church, as a landmark and division (b)(2) of Section 161.04 was hauled off the registrant’s premises has set forth certain findings of fact held on May 9, 2013 to discuss the during the previous month. The form constituting the basis for its deci- proposed designation of Central shall also require disclosure of the sion; and Christian Church, formerly known identity of each waste hauler trans- Whereas, this ordinance consti- as Glenville Church of Christ Disci- porting tires off the registrant’s tutes an emergency measure provid- ple, as a landmark; and premises, and the license tag number ing for the immediate preservation Whereas, the Commission has rec- of each truck used to transport tires of the public peace, property, health, ommended designation of Central off the registrant’s premises. The and safety in that the immediate Christian Church, formerly known monthly tire disposal report form protection of the historic landmark as Glenville Church of Christ Disci- shall cover a calendar month and be is necessary to safeguard the spe- ple, as a landmark and has set forth submitted to the Commissioner of cial historical, community, or aes- certain findings of fact constituting Environment no later than ten (10) thetic interest or value in the land- the basis for its decision; and days after the last date of the calen- mark; now, therefore Whereas, this ordinance consti- dar month in question. The Commis- Be it ordained by the Council of tutes an emergency measure provid- sioner of the Environment shall pro- the City of Cleveland: ing for the immediate preservation vide a copy of every tire disposal Section 1. That Bethany Baptist of the public peace, property, health, report submitted by the registrant to Church, formerly Zion Evangelical and safety in that the immediate the Council member in whose ward Church, whose street address in the protection of the historic landmark the registrant’s premises is located. City of Cleveland is 1207-25 East 105th is necessary to safeguard the spe- (c) If a person, firm or corporation Street, also known as 10500-12 Hamp- cial historical, community, or aes- operating a repair garage as defined den Avenue, N. E., and 10501 Olivet thetic interest or value in the land- in Section 325.30 disposes of its tires Avenue, N. E., Cuyahoga County Audi- mark; now, therefore exclusively by contract with a tire tor’s Permanent Parcel Numbers are Be it ordained by the Council of disposal entity registered under divi- 109-18-001, 109-18-002, 109-18-003, 109-18- the City of Cleveland: sion (a) above, and a copy of the con- 004, and 109-18-005 and is also known Section 1. That Central Christian tract is filed with the Commissioner as the following described property: of Assessments and Licenses with the Situated in the City of Cleveland, Church, formerly known as Glenville registration required under division County of Cuyahoga, and State of Church of Christ Disciple, whose (a) above, then the person, firm, or Ohio, and known as being Sublot Nos. street address in the City of Cleveland corporation is not required to report 48, 49, 50, 134, 135, and 136 in Morison is 697 East 105th Street, also known as as required in division (b) above. and Glenns Boulevard Park Allot- 10501-15 Helena Avenue, N. E., Cuya- (d) No person, firm, or corporation ment of part of Original 100 Acre Lot hoga County Auditor’s Permanent who disposes of tires shall fail to reg- No. 378, as shown by the recorded plat Parcel Number is 108-25-058 and is ister as a source of waste tires as pro- in Volume 19 of Maps, Page 26 of also known as the following vided in division (a) of this section, or Cuyahoga County Records, and described property: fail to submit monthly tire disposal together forming a parcel of land hav- Situated in the City of Cleveland, report forms to the Commissioner of ing a frontage of 209.54 feet on the County of Cuyahoga, and State of Environment as provided in division Easterly side of East 105th Street Ohio, and known as being all of (b) of this section, or fail to provide (formerly Doan Street), and extend- Sublot No. 335, all of Sublot No. 336, complete information required by the ing back 129.77 feet deep on the and the Southerly 20 feet from front to forms. Northerly line, which is also the rear of Sublot No. 337 in the Cleveland (e) No person, firm, or corporation Southerly side of Hampden Avenue, Realty Company Subdivision of a part shall engage another for the purpose N. E., (formerly Mansion Street), 130 of Original 100 Acre Lots 370 and 362, of hauling waste tires unless the feet on the Southerly line, which is as shown by the recorded plat in Vol- waste hauler is licensed under Sec- also the Northerly side of Olivet ume 24 of Maps, Page 17 of Cuyahoga tion 551.19 et seq. of this chapter. Avenue, N. E., and having a rear line County Records and together forming (f) Whoever violates any provision of 207.43 feet, as appears by said plat, a parcel of land bounded and of this section is guilty of a misde- be the same more or less, but subject described as follows: meanor of the first degree to all legal highways; Beginning on the Easterly line of Section 2. That existing Section Description approved by Greg East 105th Street (formerly Doan 551.38 of the Codified Ordinances of Esber, Section Chief Plats, Surveys Street) (66 feet wide) at its intersec- Cleveland, Ohio, 1976, as amended by and House Number Section Division tion with the Northerly line of Helena Ordinance No. 1003-06 passed July 12, of Engineering & Construction Avenue (formerly Helena Street) (50 2006 is hereby repealed. which in its entirety is a property hav- feet wide); thence Northerly along the Section 3. That this ordinance is ing special character or special his- Easterly line of East 105th Street, 60 hereby declared to be an emergency torical or aesthetic value as part of feet to a point; thence Easterly and measure and, provided it receives the the development, heritage, or cultural parallel to the Northerly line of Hele- affirmative vote of two-thirds of all characteristics of the City, State, or na Avenue, 144 feet to the Westerly the members elected to Council, it the United States, is designated a line of Sublot No. 335; thence Norther- shall take effect and be in force imme- landmark under Chapter 161 of the ly along the Westerly line of Sublot diately upon its passage and approval Codified Ordinances of Cleveland, No. 335, about 62.08 feet to the most by the Mayor; otherwise it shall take Ohio, 1976. Northerly corner of Sublot No. 335; effect and be in force from and after Section 2. That this ordinance is thence Southeasterly along the North- the earliest period allowed by law. declared to be an emergency measure easterly line of Sublot No. 335, 36.64 Referred to Directors of Public and, provided it receives the affirma- feet to the Northeasterly corner there- Works, Public Health, Finance, Law; tive vote of two-thirds of all the mem- of; thence Southerly along the Easter- Committees on Public Service, Health bers elected to Council, it shall take ly line of Sublot No. 335, 111.14 feet to and Human Services, Finance. effect and be in force immediately the Northerly line of Helena Avenue; upon its passage and approval by the thence Westerly along the Northerly Ord. No. 1077-13. Mayor; otherwise it shall take effect line of Helena Avenue, about 179 feet By Council Member J. Johnson. and be in force from and after the ear- to the Easterly line of East 105th An emergency ordinance desig- liest period allowed by law. Street, and the place of beginning, as nating Bethany Baptist Church, for- Referred to Directors of City Plan- appears by said plat, be the same merly Zion Evangelical Church, as ning Commission, Law; Committees more or less, but subject to all legal a Cleveland Landmark. on City Planning, Finance. highways; 1317 6 The City Record August 21, 2013

Description approved by Greg characteristics of the City, State, or Section 2. That the Director of Eco- Esber, Section Chief Plats, Surveys the United States, is designated a nomic Development is authorized to and House Number Section Division landmark under Chapter 161 of the execute on behalf of the City of Cleve- of Engineering & Construction Codified Ordinances of Cleveland, land all necessary documents to which in its entirety is a property hav- Ohio, 1976. acquire, record, and to convey the ing special character or special his- Section 2. That this ordinance is property and to employ and pay all torical or aesthetic value as part of declared to be an emergency measure fees for title companies, surveys, the development, heritage, or cultural and, provided it receives the affirma- escrows, appraisers, environmental characteristics of the City, State, or tive vote of two-thirds of all the mem- audits, and all other costs necessary the United States, is designated a bers elected to Council, it shall take for the acquisition and conveyance of landmark under Chapter 161 of the effect and be in force immediately the property. Codified Ordinances of Cleveland, upon its passage and approval by the Section 3. That the consideration to Ohio, 1976. Mayor; otherwise it shall take effect be paid for this property for acquisi- Section 2. That this ordinance is and be in force from and after the ear- tion shall not exceed fair market declared to be an emergency measure liest period allowed by law. value as determined by the Board of and, provided it receives the affirma- Referred to Directors of City Plan- Control. tive vote of two-thirds of all the mem- ning Commission, Law; Committees Section 4. That at the direction of bers elected to Council, it shall take on City Planning, Finance. the Board of Control, the Commission- effect and be in force immediately er of Purchases and Supplies is autho- upon its passage and approval by the Ord. No. 1092-13. rized to convey the property previous- Mayor; otherwise it shall take effect By Council Members Brancatelli ly described in this ordinance to the and be in force from and after the ear- and Kelley (by departmental Redeveloper, for not less than fair liest period allowed by law. request). market value determined by the Referred to Directors of City Plan- An emergency ordinance authoriz- Board of Control, taking into account ning Commission, Law; Committees ing the Commissioner of Purchases all restrictions, reversionary inter- on City Planning, Finance. and Supplies to acquire property for ests and similar encumbrances as future redevelopment at 3813 Euclid may be placed by the City of Cleve- Ord. No. 1079-13. Avenue, for the Department of Eco- land in the deed of conveyance. By Council Member J. Johnson. nomic Development; and authorizing Section 5. That the conveyance the Commissioner of Purchases and An emergency ordinance desig- shall be made by official deed pre- Supplies to convey the property to nating the Otto Narveleit Building pared by the Director of Law and exe- The Chesler Group, Inc. or its as a Cleveland Landmark. cuted by the Mayor on behalf of the Whereas, under Chapter 161 of the designee, which is not needed for City of Cleveland. The deed shall con- Codified Ordinances of Cleveland, the City’s use. tain necessary provisions, including Ohio, 1976, the Cleveland Landmarks Whereas, the Director of Econom- restrictive reversionary interests as Commission (the “Commission”), has ic Development has requested the may be specified by the Board of Con- proposed to designate the Otto acquisition from Stager-Beckwith trol or Director of Law, which shall Narveleit Building as a landmark; Associates, LTD., or its designee protect the parties as their respective and (the “Seller”) of property located at interests require and shall specifical- Whereas, the owner of the Otto 3813 Euclid Avenue for future rede- Narveleit Building has been proper- velopment; and ly contain a provision against the ly notified and has consented in Whereas, the Director of Econom- erection of any advertising signs or writing to the proposed designation; ic Development has requested the billboards except permitted identifi- and sale of the property, which is not cation signs. Whereas, the Commission has rec- needed for the City’s use, to The Section 6. That this Council finds ommended designation of the Otto Chesler Group, Inc., or its designee that the conveyance to the Redevelop- Narveleit Building as a landmark (the “Redeveloper”) for the public er constitutes a public use of the prop- and has set forth certain findings of purpose of future redevelopment of erty for the purposes of redevelop- fact constituting the basis for its the property; and ment. decision; and Whereas, this ordinance consti- Section 7. That the Director of Eco- Whereas, this ordinance consti- tutes an emergency measure provid- nomic Development is authorized to tutes an emergency measure provid- ing for the usual daily operation of enter into the necessary agreements ing for the immediate preservation a municipal department; now, there- with the Seller and the Redeveloper of the public peace, property, health, fore, which shall include the terms and and safety in that the immediate Be it ordained by the Council of conditions of the transactions autho- the City of Cleveland: protection of the historic landmark rized by this ordinance. Section 1. That notwithstanding is necessary to safeguard the spe- Section 8. That any payments and as an exception to the provisions cial historical, community, or aes- received through the conveyance of Chapter 181 and 183 of the Codified thetic interest or value in the land- authorized by this ordinance will be Ordinances of Cleveland, Ohio, 1976, mark; now, therefore deposited into Fund No. 18 SF 002. Pro- the Commissioner of Purchases and Be it ordained by the Council of ceeds received through the con- Supplies is authorized to acquire the veyance shall be used by the Depart- the City of Cleveland: following described property for ment of Economic Development Section 1. That the Otto Narveleit future redevelopment: towards payment of debt obligations. Building, whose street address in the Situated in the City of Cleveland, Section 9. That this ordinance is City of Cleveland is 10123-25 St. Clair County of Cuyahoga, State of Ohio declared to be an emergency measure Avenue, N. E., Cuyahoga County Audi- and known as being part of Original and, provided it receives the affirma- tor’s Permanent Parcel Number is 108- 10 Acre Lot No. 93 and bounded and 09-036, and is also known as the fol- described as follows: Beginning on tive vote of two-thirds of all the mem- lowing described property: the Northerly line of Euclid Avenue at bers elected to Council, it shall take Situated in the City of Cleveland, the Southeasterly corner of land con- effect and be in force immediately County of Cuyahoga, and State of veyed to The University Club Compa- upon its passage and approval by the Ohio and known as being the South- ny by deed dated July 20, 1914 and Mayor; otherwise it shall take effect easterly 95 feet of Sublot No. 2 in W. recorded in Volume 2630, Page 122 of and be in force from and after the ear- H. Van Tine, Jr. Trustee’s Allotment Cuyahoga County Records; thence liest period allowed by law. of part of Original 100 Acre Lot Nos. Westerly along the Northerly line of Referred to Directors of Economic 361 and 369, as shown by the recorded Euclid Avenue, 238.60 feet to the Development, City Planning Commis- plat in Volume 17 of Maps, Page 29 of Southwesterly corner of land con- sion, Finance, Law; Committees on Cuyahoga County Records, and being veyed to The University Club Compa- Community and Economic Develop- 40 feet front on the Northwesterly ny as aforesaid; thence Northerly ment, Finance. side of St. Clair Avenue, and extend- along the Westerly line of land so con- ing back of equal width 95 feet, as veyed, 572.94 feet to the Southerly line Ord. No. 1093-13. appears by said plat, be the same of Chester Avenue, N.E, 86 feet wide; By Council Members Cleveland, more or less, but subject to all legal thence Easterly along the Southerly Mitchell and Kelley (by departmental highways; line of Chester Avenue, N.E., about request). Description approved by Greg 238.14 feet to its intersection with the An emergency ordinance to amend Esber, Section Chief Plats, Surveys Easterly line of land conveyed to the Section 337.23 of the Codified Ordi- and House Number Section Division University Club Company as afore- nances of Cleveland, Ohio, 1976, as of Engineering & Construction said; thence Southerly along the East- amended by Ordinance No. 814-10, which in its entirety is a property hav- erly line of land so conveyed, 588.35 passed October 4, 2010; and to sup- ing special character or special his- feet to the place of beginning, be the plement the codified ordinances by torical or aesthetic value as part of same more or less, but subject to all enacting new Section 337.26 relating the development, heritage, or cultural legal highways. to home occupations. 1318 August 21, 2013 The City Record 7

Whereas, this ordinance consti- (1) The accessory building is erect- Certificate of Occupancy issued in tutes an emergency measure provid- ed on the rear half of the lot; accordance with the provisions of ing for the usual daily operation of (2) The accessory building is so division (o) of this section. a municipal department; now, there- placed as not to prevent the practica- (g) Employees. Not more than one fore, ble and conforming location of the (1) non-resident employee may work Be it ordained by the Council of main building; at any one time in home occupations the City of Cleveland: (3) The main building is completed located in a particular residential Section 1. That Section 337.23 of the within two (2) years from the date of unit. Codified Ordinances of Cleveland, issuance of the permit for the acces- (h) Residential Compatibility. A Ohio, 1976, as amended by Ordinance sory building. home occupation shall not produce No. 814-10, passed October 4, 2010 is Section 2. That existing Section any noise, vibration, smoke, odor, amended to read as follows: 337.23 of the Codified Ordinances of glare, electrical interference or other Cleveland, Ohio, 1976, as amended by impact that causes a nuisance or dis- Section 337.23 Accessory Uses in Ordinance No. 814-10, passed October turbance to nearby residences to any Residence Districts 4, 2010 is repealed. degree greater than that associated (a) Permitted Accessory Uses. The Section 3. That the Codified Ordi- with typical residential use of the following accessory uses and build- nances of Cleveland, Ohio, 1976, are subject property. ings are permitted in a Residence Dis- supplemented by enacting new Sec- (i) Signs and Exterior Alterations. trict. Such permitted accessory build- tion 337.26 to read as follows: There shall be no signs visible from ings shall be located on the rear half exterior areas identifying or advertis- of the lot, a minimum of eighteen (18) Section 337.26 Home Occupations ing the home occupation, other than a inches from all property lines and at (a) Purpose. These regulations are permitted nameplate that may dis- least ten (10) feet from any main established to permit residents to play the name, address and/or profes- building on an adjoining lot in a Res- engage in home occupations in a man- sion of the occupant. Such nameplate idence District. Accessory buildings ner that preserves the residential may be freestanding, or may be shall not occupy more than forty per- character of the property and avoids mounted to a wall or placed in a win- cent (40%) of the area of the required safety hazards and disturbances to dow and shall not exceed two (2) rear yard and, in the case of a corner neighbors. square feet in size. If freestanding, lot, shall be located back of any (b) Definition. “Home occupation” the nameplate shall not be more than required setback or specific building means a business activity conducted three (3) feet in height and shall be line. For side street yard regulations by the occupant of a residence as an set back at least five (5) feet from all consult Sections 357.05 to 357.07. accessory use on the premises of the lot lines. Similarly, there shall be no (1) Home occupations are permit- residence. alterations to the residence or to the ted as accessory uses in Residence (c) Permitted Uses. Permitted home property that give a commercial Districts in accordance with the regu- occupations are those that comply appearance to the property, including lations of Section 337.26. with the regulations of this section. the paving of required yard areas for (2) Agricultural uses, subject to the (d) Prohibited Uses. Prohibited parking. regulations of Section 337.25 and Sec- home occupations, generally, are (j) Vehicles. No more than one vehi- tion 347.02 regarding the keeping of those that fail to comply with the reg- cle used for home occupations shall be farm animals. ulations of this section and, specifi- stored on the property of the resi- (3) Private incinerators for the cally, include kennels, animal hospi- dence. No vehicle stored or used on burning of refuse and garbage pro- tals, veterinary offices, pet sales, the property for the home occupation duced on the same premises, provided firearms sales, liquor sales, night- shall exceed one-and-a-half (1 1/2) that the construction is such as to clubs, adult entertainment, and the tons in weight. assure immediate and complete com- servicing of motor vehicles, lawn (k) Home Day Care. Home day care bustion and freedom from offensive mowers, boat engines and washing for five (5) or fewer children is per- smoke, ash, unburned particles and machines, dryers and other large mitted in accordance with the Ohio odors, and a permit therefor is grant- appliances. Revised Code. Home day care for six ed by the Commissioner of Environ- (e) Size and Location. A home occu- (6) or more children is not permitted ment. pation or home occupations shall unless approved by the Board of Zon- (4) Fences and walls, as regulated occupy no more than twenty-five per- ing Appeals in accordance with the in Chapter 358. cent (25%) of the floor area of the res- provisions of division (g) of Section (5) Garages and parking spaces for idential unit in which the home occu- 337.02 regarding “day nurseries.” the occupants of the premises and, pation is located. Garage space, unfin- (l) Agriculture. Agricultural activi- when the premises are used for other ished attic space and unfinished base- ties are permitted in accordance with than residence purposes, for their ment space shall be excluded from the the regulations of Sections 337.25 and employees, patrons and guests. total floor area of a residence for pur- 347.02. A. In a Dwelling House District the poses of this calculation. A home (m) Hazardous Substances and floor area of a private garage erected occupation may also be located, in Activities. No hazardous substances as an accessory building shall not whole or in part, in a permitted acces- shall be stored or used on the premis- exceed six hundred fifty (650) square sory building, such as a garage or es of a home occupation other than of feet unless the lot area exceeds four shed. If located in a garage, the home the types and quantities typical of thousand eight hundred (4,800) occupation shall be limited in size so residential use of the property. No square feet in which event the floor that at least one parking space equipment used for a home occupa- area may be increased in the ratio of remains available in the garage for tion shall pose hazards of explosion one (1) square foot for each twelve each residential unit to which the or fire to a greater extent than that (12) square feet of additional lot area. garage is accessory. No activities of associated with equipment typical of B. In Multi-Family Districts, the home occupation shall take place residential use of the property. garages and parking spaces erected in outdoor areas except for permitted (n) Residences in Two-Family and or established as accessory uses shall agricultural uses. Multi-Family Buildings. For resi- be subject to the restrictions specified (f) On-Premise Sales and Services. dences in a two-family, three-family in Sections 343.19 to 343.21 and Chap- Items offered for sale on the premises or multi-family building in a Resi- ter 349. shall be limited to those produced or dence District, all of the regulations (6) Garage Sale or other Residen- assembled on the premises, where the of this section pertaining to home tial Property Sales, as defined in divi- majority of the value of the item is occupations shall apply except that sion (a) of Section 676B.01, as long as created by the on-premise work. On- no on-premise sales and services to they conform to the provisions in premise retail sales and on-premise customers or clients shall be permit- Chapter 676B. services shall be limited to customers ted. (7) Signs permitted in accordance and clients who are seen by appoint- (o) Certificates of Occupancy. A with the requirements of Chapter 350. ment only and not on a “walk-in” Certificate of Occupancy shall be (8) Any other accessory use cus- basis. No more than four (4) individu- obtained for the conduct of any home tomarily incident to a use authorized als shall be on premises at any time occupation that includes on-premise in a Residence District except that no as customers, clients or those accom- sales or services. The application for use prohibited in a Local Retail Busi- panying a customer or client. No more such Certificate shall describe the ness District shall be permitted as an than two (2) motor vehicles associat- nature of the on-premise sales or ser- accessory use. ed with customers or clients shall be vices and shall demonstrate compli- (b) Accessory Building Erected on the premises or in proximity at any ance with the provisions of this sec- Prior to Erection of Main Building. one time. No on-premise sales or ser- tion. An accessory building may be erected vice shall take place before 8 a.m. or Section 4. That this ordinance is prior to the construction of the main after 9 p.m. No on-premise sales or ser- declared to be an emergency measure building only if: vices shall be permitted without a and, provided it receives the affirma- 1319 8 The City Record August 21, 2013 tive vote of two-thirds of all the mem- a municipal department; now, there- tion of property, at no cost to the bers elected to Council, it shall take fore, City, which is located at Quigley effect and be in force immediately Be it ordained by the Council of Road and Steelyard Commons Drive upon its passage and approval by the the City of Cleveland: from Steelyard Outlots LLC, or their Mayor; otherwise it shall take effect Section 1. That the title and Sec- designee (“Steelyards”) and the and be in force from and after the ear- tions 1, 3, and 8 of Ordinance No. 903- State of Ohio to finalize right-of-way liest period allowed by law. 07, passed June 11, 2007, are amended dedications at Steelyard Commons; Referred to Directors of City Plan- to read as follows: and ning Commission, Finance, Law; Com- An Emergency Ordinance authoriz- Whereas, Steelyards has requested mittees on Legislation, Finance. ing the Director of Capital Projects to the Director of Capital Projects to accept a grant from Steelyard Outlots convey certain easement rights in Ord. No. 1094-13. LLC, or their designee, to acquire property located in Quigley Road By Council Members Conwell, property from the State of Ohio locat- and Steelyard Commons Drive; and Mitchell and Kelley (by departmental ed in the vicinity of Quigley and Jen- Whereas, Steelyards requires an request). nings Road for improvements to the easement to install signage, and for An emergency ordinance to amend Steelyard Commons commercial cen- electrical and maintenance activi- Section 625.05 of the Codified Ordi- ter for the Office of Capital Projects; ties at Quigley Road and Steelyard nances of Cleveland, Ohio, 1976, as authorizing the Commissioner of Pur- Commons Drive; and amended by Ordinance No. 834-03. chases and Supplies to acquire the Section 1. That notwithstanding passed June 10, 2003, relating to property; authorizing the Commis- and as an exception to the provisions petty theft. sioner of Purchases and Supplies to of Chapter 181 and 183 of the Codified Whereas, this ordinance consti- convey the property to Steelyard Out- Ordinances of Cleveland, Ohio, 1976, tutes an emergency measure provid- lots LLC, or their designee; and autho- the Commissioner of Purchases and ing for the usual daily operation of rizing an Agreement between the Supplies is authorized to acquire, at a municipal department; now, there- City and Steelyard Outlots LLC, or no cost to the City, the following fore, their designee. described property from Steelyards Be it ordained by the Council of Section 1. That the Director of Capi- and the State of Ohio at Quigley Road the City of Cleveland: tal Projects is authorized to accept and Steelyard Commons Drive to Section 1. That Section 625.05 of the grant funds in the amount of finalize right-of-way dedications at Codified Ordinances of Cleveland, $71,500,00, from Steelyard Outlots Steelyard Commons: Ohio, 1976, as amended by Ordinance LLC, or their designee, (“Steel- No. 834-03, passed June 10, 2003, is yards”), to acquire the following prop- Parcel 1-WDV amended to read as follows: erties from the State of Ohio for rede- Situated in the State of Ohio, City of velopment (the “Property”); that the Cleveland, County of Cuyahoga, Section 625.05 Petty Theft Director of Capital Projects is autho- Brooklyn Township, T7N, R13W, Lots (a) No person, with purpose to rized to file all papers and execute all 72 and 85 and being more fully deprive the owner of property or ser- documents necessary to receive the described as follows: vices, shall knowingly obtain or exert funds under the grant; and that the Being a parcel of land lying on the control over either the property or ser- funds are appropriated for the pur- left and right sides of the proposed vices in any of the following ways: poses described in this ordinance: centerline of right of way of CUY- (1) Without the consent of the Section 3. That the Director of Capi- QUIGLEY ROAD CONNECTOR as owner or person authorized to give tal Projects is authorized to execute surveyed by URS Corporation and consent; on behalf of the City of Cleveland all recorded as Image (2) Beyond the scope of the express necessary documents to acquire the No.______of the Cuyahoga or implied consent of the owner or per- Property from the State of Ohio, to County Records and being located son authorized to give consent; convey the Property to Steelyards, within the following described points (3) By deception; and to employ and pay all fees for on the boundary thereof; (4) By threat; title companies, surveys, escrows, Beginning for record at the south- (5) By intimidation. appraiser, environmental audits, and east corner of Sublot 15 in the Nicola & (b) This section shall not apply if all other costs necessary for the the value of the property involved is Judson Allotment as recorded in Vol- acquisition of the Property. ume 5, Page 7 of the Cuyahoga Coun- One Thousand Dollars ($1,000.00) or Section 8. That the Director of Capi- more, or is any of the property listed ty Records, said point being 61.83 feet tal Projects is authorized to enter into in Section 625.04. left of Station 18+07.38 on the pro- an Agreement with Steelyards which (c) This section shall not apply if posed centerline of right of way of shall include the terms and conditions the victim of the offense is an elderly Quigley Road Connector and the of the transaction authorized by this person or disabled adult. TRUE POINT OF BEGINNING of the ordinance, including but not limited (d) Whoever violates this section is parcel described herein; to, the financial transaction. guilty of petty theft, a misdemeanor Thence North 01 degrees 51 minutes Section 2. That the existing title of the first degree. 47 seconds West, 92.57 feet along the and Sections 1, 3, and 8 of Ordinance Section 2. That existing Section east line of said Sublot 15 to iron pin 625.05 of the Codified Ordinances of No. 903-07, passed June 11, 2007, are to be set; Cleveland, Ohio, 1976, as amended by repealed. Thence North 52 degrees 50 minutes Ordinance No. 834-03, passed June 10, Section 3. That the title, the first, 39 seconds East, 26.74 feet to an iron 2003, is repealed. second, and third whereas clauses, pin to be set; Section 3. That this ordinance is and Sections 1, 4, 6, and 8 of Ordinance Thence North 37 degrees 47 minutes declared to be an emergency measure No. 1362-12, passed November 26, 2012, 01 seconds East, 61.38 feet to an iron and, provided it receives the affirma- are amended to read as follows: pin to be set; tive vote of two-thirds of all the mem- An Emergency Ordinance authoriz- Thence North 02 degrees 53 minutes bers elected to Council, it shall take ing the Commissioner of Purchases 26 seconds West, 55.15 feet to an iron effect and be in force immediately and Supplies to acquire property from pin to be set on the south line of an upon its passage and approval by the Steelyard Outlots LLC, or their unrecorded allotment; Mayor; otherwise it shall take effect designee and the State of Ohio at Thence North 88 degrees 10 minutes and be in force from and after the ear- Quigley Road and Steelyard Com- 12 seconds East, 801.45 feet along the liest period allowed by law. mons Drive to finalize right-of-way south line of an unrecorded allotment Referred to Directors of Public dedications at Steelyard Commons; to iron pin found; Safety, Finance, Law; Committees on authorizing the Director of Capital Thence South 44 degrees 16 minutes Public Safety, Legislation, Finance. Projects to execute a deed of ease- 13 seconds West, 231.85 feet along ment granting to Steelyard Outlots Grantor’s southeast property line to a Ord. No. 1095-13. LLC, or their designee certain ease- point on the Grantor’s easterly line; By Council Members Cleveland and ment rights in property located in Thence South 30 degrees 11 minutes Kelley (by departmental request). Quigley Road and Steelyard Com- 53 seconds West, 100.47 feet along the An emergency ordinance to amend mons Drive, and declaring that the Grantor’s easterly property line, to an the titles and various sections of easement rights granted are not need- iron pin to be set on the proposed Ordinance No. 903-07, passed June 11, ed for the City’s public use; and autho- south right of way line of the Quigley 2007 and Ordinance No. 1362-12, rizing agreements for other land Road Connector; passed November 26, 2012, relating donations among parties that are nec- Thence South 69 degrees 37 minutes to Steelyard Commons. essary to finalize right-of-way dedica- 09 seconds West, 697.21 feet along the Whereas, this ordinance consti- tions at Steelyard Commons. proposed south right of way line of tutes an emergency measure provid- Whereas, the Director of Capital the Quigley Road Connector to an ing for the usual daily operation of Projects has requested the acquisi- iron pin to be set; 1320 August 21, 2013 The City Record 9

Thence South 81 degrees 25 minutes in the J.M Curtiss Resubdivision Part of a vacated unnamed alley 25 seconds West, 335.14 feet along the recorded by plat in Volume 14 of Situated in the City of Cleveland, proposed south right of way line of Maps, Page 20 of Cuyahoga County County of Cuyahoga, and State of the Quigley Road Connector to an Records; thence Southerly along the Ohio, known as being part Original iron pin to be set; Easterly line of West 14th Street, 15 Lot No. 72 of Brooklyn Township, Thence South 45 degrees 54 minutes feet to a point; thence Easterly on a being part of an unnamed alley as 20 seconds West, 55.95 feet along the line parallel with the Southerly line shown on the Nicola and Judson Allot- proposed south right of way line of of said J.M. Curtiss Resubdivision ment as recorded in Plat Volume 5, the Quigley Road Connector to an and along the Southerly line of the Page 7 of the Cuyahoga County iron pin to be set; Nicola and Judson Subdivision of part Recorder records, and further Thence South 86 degrees 22 minutes of said Original Lot No. 72 recorded in described as follows: 47 seconds West, 205.98 feet along the plat in Volume 5 of Maps, page 7 of Being the southerly 7 feet of a por- proposed south right of way line of Cuyahoga County Records, to the tion of a vacated 14 foot unnamed the Quigley Road Connector to an Southerly Prolongation of the Easter- alley as vacated per City of Cleveland iron pin to be set ly line of Sublot No. 15 in said Nicola Ordinance No. 14-06 as passed by the Thence North 16 degrees 55 minutes and Judson Subdivision; thence Council of the City of Cleveland the 39 seconds East, 114.48 feet along Northerly along said Southerly pro- 9th day of January, 2006. Grantor’s west property line to an longation of said Easterly line Sublot Being a strip of land approximately iron pin to be set; 15, one foot; thence westerly on a line 251 feet long and 7 feet wide and con- Thence North 25 degrees 21 minutes parallel with the Southerly lines of taining about 1756 square feet of land, 38 seconds West, 66.90 feet along the aforementioned Nicola and Jud- more or less, subject to survey. Grantor’s west property line to an son Subdivision and the J.M. Curtiss The above described area is not iron pin to be set; Resubdivision to a point which is dis- part of any current Cuyahoga County Thence North 67 degrees 02 minutes tant one foot Easterly from the East- Auditor parcel number at this time. 55 seconds West, 106.52 feet along erly line of West 14th Street; thence The intent of the above described Grantor’s west property line to an Northerly on a line parallel with East- parcel is to transfer any and all rights iron pin to be set; erly line of West 14th Street, 14 feet to the State of Ohio, Department of Thence North 88 degrees 03 minutes the Southerly line of said Sublot No. 4 Transportation, has or may have had 33 seconds East, 301.58 feet along in the J.M Curtiss Resubdivision ; in the vacated southerly half of the Grantor’s north property line to an thence westerly along the Southerly portion of the unnamed vacated alley iron pin to be set; line of said Sublot No. 4 one foot to the described above. Thence North 01 degrees 56 minutes place of beginning, and being known 31 seconds West, 110.11 feet along as the one foot reserved strip shown New PPN: 008-13-101 Grantor’s west property line to an in the plat of Nicola and Judson Sub- Situated in the City of Cleveland, iron pin to be set on the south line of a division of part of Original Brooklyn County of Cuyahoga and State of Ohio one foot reserved strip acquired by Township Lot No. 72 recorded in Vol- and known as being Consolidated the State of Ohio per AFN ume 5 of Maps, Page 7of Cuyahoga Parcel “CC” in the Lot Split and Con- 200411100762 in the records of Cuya- County Records be the same more or solidation Plat of part of Original hoga County and the Grantor’s less but subject to all legal highways. Brooklyn Township Lot No. 72 as northerly property line; The above described area is con- shown by the recorded plat in Volume Thence North 88 degrees 03 minutes tained within Auditor’s Parcel Num- 353 of Maps, Page 50 of Cuyahoga 33 seconds East, 307.65 feet along the ber 008-13-017. County Records, as appears by said south line of said one foot reserved The intent of the above description plat. strip and the Grantor’s northerly is to acquire all rights the State of Section 4. That the Commissioner of property line to an iron pin to be set; Ohio, Department of Transportation, Purchases and Supplies is authorized Thence North 88 degrees 08 minutes has or should have had to “Parcel No. to convey the above-described ease- 13 seconds East, 77.70 feet along the 2” per Instrument # 200411100762 of ment interest to Steelyards subject to south line of said one foot reserved the Cuyahoga County Recorder any conditions stated in this ordi- strip and the Grantor’s property line records. nance, at a price of $1.00 and for other to an iron pin to be set; Parcel No. 2 valuable consideration, which is Thence North 01 degrees 51 minutes Situated in the City of Cleveland, determined to be fair market value. 47 seconds West, 15.00 feet along County of Cuyahoga and State of Ohio Section 6. That the duration of the Grantor’s property line to the TRUE and known as being Sublot No. 4 in easement shall be perpetual; that the POINT OF BEGINNING containing J.M. Curtis Re-allotment and part of easement shall not be assignable 8.965 acres (390,536 sq. ft.) more or Original Brooklyn Township Lot No. without the consent of the Director of less, 5.625 acres being contained with- 72, as shown by the recorded plat of Capital Projects; that the easement in Lot 85 and 3.340 acres being con- said re-allotment in Volume 14 of shall require that Steelyards provide tained within Lot 72. Maps, page 20 of Cuyahoga County reasonable insurance, maintain any The above described area is con- Records. Steelyards improvements located tained within Cuyahoga County Audi- The above described area is con- within the easement; pay any applica- tor’s Permanent Parcel No. 008-36-003. tained within Auditor’s Parcel Num- ble taxes and assessments; and shall Based on a field survey conducted ber 008-13-016. contain such other terms and condi- by URS Corporation in November 2004 The intent of the above description tions that the Director of Law deter- under the direction and supervision of is to acquire all rights the State of mines to be necessary to protect and Mark Lukosavich, Registered Survey- Ohio, Department of Transportation, benefit the City. or No. 8088 in the State of Ohio. has or should have had to “Parcel No. Section 8. That the Director of Capi- Bearings used herein are based on 3” per Instrument # 200411100762 of tal Projects is authorized to enter into Grid North of the State Plane Coordi- the Cuyahoga County Recorder one or more agreements with the nate system NAD83(Cors96) Ohio records. State of Ohio and/or Steelyards for North Zone. Parcel No. 3 additional land donations from the All iron pins referenced herein are Situated in the County of Cuyahoga State of Ohio and/or Steelyard Com- 3/4 inch diameter x 30 inch long iron and State of Ohio and the City fo mons LLC that may be necessary to bars with a 2-1/2 inch aluminum cap Cleveland and known as being part of finalize right-of-way dedications at stamped “URS CORP., P.S. 8088”, to be sublots 24 and 25 in Nicola and Judson Quigley Road, Steelyards Common set after construction. Allotment, recorded in Volume 5, Drive and Jennings Road in the vicin- Page 7 of Cuyahoga County Record of ity of Steelyard Commons. This description was prepared and Maps and further described as having Section 4. That the existing title, reviewed on January 4, 2006 for URS a frontage of 100.04 feet along a 14 the first, second, and third whereas Corporation by Kurt Massar, Regis- foot Alley and being 73.09 feet along clauses, and Sections 1, 4, 6, and 8 of tered Surveyor No. 7667 in the State of its Easterly line an 72.45 feet along its Ordinance No. 1362-12, passed Novem- Ohio. Westerly line. ber 26, 2012, are repealed. Part of Parcel 500 - WL The above described area is con- Section 5. That this ordinance is Parcel No. 1 tained within Auditor’s Parcel Num- declared to be an emergency measure Situated in the City of Cleveland, ber 008-13-020. and, provided it receives the affirma- County of Cuyahoga and State of The intent of the above description tive vote of two-thirds of all the mem- Ohio, being part of Original Brooklyn is to acquire all rights the State of bers elected to Council, it shall take Township Lot No. 72 and bounded and Ohio, Department of Transportation, effect and be in force immediately described as follows: has or should have had to “Parcel No. upon its passage and approval by the Beginning in the Easterly line of 4” per Instrument # 200411100762 of Mayor; otherwise it shall take effect West 14th Street, 100 feet wide, at the the Cuyahoga County Recorder and be in force from and after the ear- Southwesterly corner of Sublot No. 4 records. liest period allowed by law. 1321 10 The City Record August 21, 2013

Referred to Directors of Capital are appropriated for the purposes Section 2. That the award letter and Projects, City Planning Commission, described in the grant application for grant agreement for the grant, File Finance, Law; Committees on City the grant contained in the file No. 1098-13-A, made a part of this ordi- Planning, Finance. described below. nance as if fully rewritten, as pre- Section 2. That the grant applica- sented to the Finance Committee of Ord. No. 1096-13. tion for the grant, File No. 1097-13-A, this Council at the public hearing on By Council Members Miller, Cleve- made a part of this ordinance as if this legislation, is approved in all land and Kelley (by departmental fully rewritten, as presented to the respects and shall not be changed request). Finance Committee of this Council at without additional legislative author- An emergency ordinance to amend the public hearing on this legislation, ity. Section 17 of Ordinance No. 908-12, is approved in all respects and shall Section 3. That the Director of Pub- passed August 8, 2012, relating to not be changed without additional lic Safety shall have the authority to the Denison Avenue underground legislative authority. extend the term of the grant during ductbank and resurfacing project. Section 3. That the Director of Pub- the grant term. Whereas, this ordinance consti- lic Safety shall have the authority to Section 4. That the Director of Pub- tutes an emergency measure provid- extend the term of the grant during lic Safety is authorized to enter into ing for the usual daily operation of the grant term. one or more contracts with Cleveland a municipal department; now, there- Section 4. That the Director of Pub- State University to provide the train- fore, lic Safety is authorized to enter into ing as described in the file. Be it ordained by the Council of one or more contracts with Cuyahoga Section 5. That the contract or con- the City of Cleveland: County and the City of Euclid needed tracts shall be prepared by the Direc- Section 1. That Section 17 of Ordi- to implement the grant as described tor of Law. nance No. 908-12, passed August 8, in the file. Section 6. That the cost of the con- 2012 is amended to read as follows: Section 5. That, unless expressly tract or contracts shall be paid from Section 17. That the cost of the prohibited by the grant agreement, the fund or funds which are credited Improvement, contracts, property under Section 108(b) of the Charter, the grant proceeds and cash match acquisition, or other expenditure purchases made under the grant accepted under this ordinance. authorized in this ordinance shall be agreement may be made through Section 7. That this ordinance is paid from Fund Nos. 20 SF 380, 20 SF cooperative arrangements with other declared to be an emergency measure 383, 20 SF 394, 20 SF 500, 20 SF 506, 20 governmental agencies. The Director and, provided it receives the affirma- SF 510, 20 SF 520, 20 SF 528, 20 SF 534, tive vote of two-thirds of all the mem- of Public Safety may sign all docu- 20 SF 540, 20 SF 546, 52 SF 001, 58 SF bers elected to Council, it shall take ments and do all things that are nec- 230 and from the fund or funds which effect and be in force immediately essary to make the purchases, and are credited the funds received under upon its passage and approval by the may enter into one or more contracts the Local Public Agency Agreement Mayor; otherwise it shall take effect with the vendors selected through with the Ohio Department of Trans- and be in force from and after the ear- that cooperative process. portation authorized by this ordi- liest period allowed by law. Section 6. That the costs of the con- nance and which funds are appropri- Referred to Directors of Public tracts authorized by this ordinance ated for this purpose. Request No. Safety, Finance, Law; Committees on RQS 0103, RL 2012-118. shall be paid from the fund or funds to Public Safety, Finance. Section 2. That existing Section 17 which are credited the grant proceeds of Ordinance No. 908-12, passed accepted under this ordinance. Ord. No. 1099-13. August 8, 2012 is repealed. Section 7. That this ordinance is By Council Members Sweeney, Section 3. That this ordinance is declared to be an emergency measure Brady, Miller, Cleveland and Kelley declared to be an emergency measure and, provided it receives the affirma- (by departmental request). and, provided it receives the affirma- tive vote of two-thirds of all the mem- An emergency ordinance giving tive vote of two-thirds of all the mem- bers elected to Council, it shall take consent of the City of Cleveland to bers elected to Council, it shall take effect and be in force immediately the County of Cuyahoga for resur- effect and be in force immediately upon its passage and approval by the facing West 130th Street from upon its passage and approval by the Mayor; otherwise it shall take effect Brookpark Road to Lorain Avenue Mayor; otherwise it shall take effect and be in force from and after the ear- in the City of Cleveland; authorizing and be in force from and after the ear- liest period allowed by law. the Director of Capital Projects to liest period allowed by law. Referred to Directors of Public enter into any relative agreements; Referred to Directors of Capital Safety, Finance, Law; Committees on to apply for and accept an alloca- Projects, City Planning Commission, Public Safety, Finance. tion of County Motor Vehicle Finance, Law; Committees on Public License Tax funds and any gifts or Service, City Planning, Finance. Ord. No. 1098-13. grants for this purpose from any By Council Members Conwell and public or private entities; authoriz- Ord. No. 1097-13. Kelley (by departmental request). ing one or more contracts with con- By Council Members Conwell and An emergency ordinance authoriz- sultants; authorizing the Commis- Kelley (by departmental request). ing the Director of Public Safety to sioner of Purchases and Supplies to An emergency ordinance authoriz- apply for and accept a grant from acquire, accept, and record for right- ing the Director of Public Safety to the Public Utilities Commission of of-way purposes any real property apply for and accept a grant from Ohio for the Hazardous Materials and easements necessary to make the Ohio Office of Criminal Justice Training Program; and authorizing the improvement; and causing pay- Services for the FY 2013 Byrne Jus- one or more contracts with Cleve- ment of the City’s share of the tice Assistance Grant (JAG) Local land State University to implement Improvement. Solicitation; and authorizing one or the program. Whereas, this ordinance consti- more contracts with Cuyahoga Coun- Whereas, this ordinance consti- tutes an emergency measure provid- ty and the City of Euclid needed to tutes an emergency measure provid- ing for the usual daily operation of implement the grant. ing for the usual daily operation of a municipal department; now, there- Whereas, this ordinance consti- a municipal department; now, there- fore, tutes an emergency measure provid- fore, Be it ordained by the Council of ing for the usual daily operation of Be it ordained by the Council of the City of Cleveland: a municipal department; now, there- the City of Cleveland: Section 1. That it is declared to be in fore, Section 1. That the Director of Pub- the public interest that the consent of Be it ordained by the Council of lic Safety is authorized to apply for the City of Cleveland is given to the the City of Cleveland: and accept a grant in the approximate County of Cuyahoga (the “County”) to Section 1. That the Director of Pub- amount of $20,250.00, and any other construct the following improvement lic Safety is authorized to apply for funds that become available during under plans, specifications, and esti- and accept a grant in the approximate the grant term, from the Public Utili- mates approved by the County: resur- amount of $575,306, and any other ties Commission of Ohio, to conduct facing West 130th Street from Brook- funds that may become available dur- the Hazardous Materials Training park Road to Lorain Avenue (the ing the grant term from the Ohio Program; that the Director is autho- “Improvement”). Office of Criminal Justice Services to rized to file all papers and execute all Section 2. That the City proposes to conduct the FY 2013 Byrne Justice documents necessary to receive the cooperate with the County in the cost Assistance Grant (JAG) Local Solici- funds under the grant; and that the of the Improvement to the extent of tation; that the Director is authorized funds are appropriated for the pur- funds received by an allocation from to file all papers and execute all docu- poses described in the award letter the County Motor Vehicle License ments necessary to receive the funds and grant agreement for the grant Tax Fund; and by applying to the under the grant; and that the funds contained in the file described below. County of Cuyahoga to use the 1322 August 21, 2013 The City Record 11

License Tax Fund for the Improve- (d) That the County shall continue Issue 1 funds to partially finance the ment. If funds administered by the to maintain the structural elements of Improvement. Ohio Public Works Commission are any bridge within the limits of the Section 9. That the Director of Capi- used for the Improvement, the amount Improvement under applicable sec- tal Projects is authorized to accept of the funds will be deducted from tions of the Revised Code. cash contributions from public or pri- designated project costs prior to the (e) That arrangements have been vate entities, for infrastructure application of the participatory per- or will be made with and agreements restoration costs associated with relo- centages. The County will arrange obtained from all utility companies cating, rehabilitating or reconstruct- for the preparation of construction whose lines or structures will be ing utility infrastructure for the plans and specifications, including affected by the Improvement. That Improvement. That the Director of necessary engineering reports for the the companies have agreed to make Capital Projects is authorized to enter improvements, under current Cuya- any and all necessary rearrange- into agreements with the entities for hoga County standards for construc- ments in such manner as to be clear of this purpose. tion of County roads and bridges. The any construction called for by the Section 10. That, when appropriate, County will arrange for the supervi- plans for the Improvement. That the the Director of Capital Projects is sion and administration of the con- companies have agreed to make nec- authorized to enter into one or more struction contract. That within the essary rearrangements immediately contracts with the corporate limits of the City, the City after notification by the City. Regional Transit Authority, the agrees to contribute 20% of the cost of (f) That the City, at its own Regional Sewer Dis- construction, including construction trict and other entities to obtain ser- supervision, up to a maximum of expense, shall make all rearrange- ments of water mains, service lines, vices or to acquire property rights $1,000,000. The County shall con- such as easements and licenses, nec- tribute 100% of the cost of engineer- fire hydrants, valve boxes, sanitary sewers, or other City-owned utilities essary to construct the improvements ing and 80% of the cost of construc- described in this ordinance. tion, including construction supervi- and appurtenances which do not com- ply with the provisions of Section 8204 Section 11. That the Director of Cap- sion, which is determined to be eligi- ital Projects, when necessary, is ble by the Cuyahoga County Engi- (Utility Reimbursement Eligibility) of the Ohio Department of Trans- authorized to cause payment to the neer’s policies. Also, the City agrees Greater Cleveland Regional Transit to assume and contribute 100% of the portation’s Real Estate Policies and Procedures Manual, whether inside or Authority, and other entities or pay- cost of any items included in the con- ment of any services which were nec- struction contract at the request of outside the corporate limits, as may essary to construct the Improvement the City, which are determined by the be necessary to conform to the described in this ordinance. County not eligible or made neces- improvement. Section 12. That, notwithstanding sary by the Improvement. (g) That the County will partici- any provision of the Codified Ordi- Section 3. That the Director of Capi- pate in the costs of alterations of gov- nances of Cleveland, Ohio, 1976, to the tal Projects is authorized to enter into ernmentally-owned utility facilities contrary, the Commissioner of Pur- one or more agreements with the which come within the provisions of chases and Supplies is authorized to County necessary to complete the Section 8204 (Utility Reimbursement acquire, accept, and record for right- planning and construction of the Eligibility) of the Ohio Department of Improvement, which agreements of-way purposes any real property Transportation’s Real Estate Policies and easements as is necessary to shall contain terms and conditions and Procedures Manual to the same that the Director of Law determines make the improvements described in extent that it participates in the other this ordinance. The consideration to shall best protect the public interest. costs of the project, provided, howev- Section 4. That on completion of the be paid for the property and ease- er, that such participation will not ments shall not exceed fair market Improvement, the City will: extend to any additions or better- (a) Keep the affected highway value. ments of existing facilities. Section 13. That the Director of Cap- open to traffic at all times; (h) That the construction, recon- (b) Maintain the Improvement ital Projects is authorized to execute struction, and rearrangement of all according to the provisions of the on behalf of the City all documents utilities shall be done in a manner as statutes relating thereto and make necessary to acquire, accept, and not to interfere unduly with the oper- ample financial and other provisions record the property and easements for the maintenance; ations of the contractor or contractors and to employ and pay all fees for (c) Maintain the right-of-way and constructing the Improvement, and title companies, surveys, escrows, keep it free of obstruction in a man- all backfilling of trenches made nec- appraisers, and all other costs neces- ner satisfactory to the County and essary by utility rearrangement shall sary for the acquisition of the proper- hold the right-of-way inviolate for be performed under the provisions of ty and easements. public highway purposes and permit the ODOT Construction and Material Section 14. That the Director of Cap- no signs, posters, billboards, roadside Specifications. ital Projects is authorized to enter stands, or other private installations (i) If applicable, that stop signs into any agreements necessary to within the limits of the right-of-way; affecting the movement of traffic on implement the Improvement. (d) Place and maintain all traffic any street within the limits of the Section 15. That the Director of Cap- control devices under the Ohio Manu- Improvement shall be removed and no ital Projects is authorized to apply for al of Uniform Traffic Control Devices stop signs will be erected except at and accept any gifts or grants for this under the provisions of Section intersections with another through purpose from any public or private 4511.11 and related sections of the highway where traffic does not war- entity; and that the Director is autho- Revised Code; rant the installation of a traffic con- rized to file all papers and execute all (e) Follow and maintain post-con- trol signal but where the warrants for documents necessary to receive the struction Best Management Practices a “Four-Way Stop” as provided in the funds under the grant; and that the as outlined in the Municipal Storm aforesaid Manual are met. funds are appropriated for the pur- Water Permit that is filed with the (j) That no rule or regulation may poses described in this ordinance. Ohio Environmental Protection be enacted restricting the use of the Section 16. That this Council autho- Agency; and Improvement by any class of vehicle rizes payment to the County of the (f) Prohibit all parking within the or vehicle load permitted by the City’s share of the Improvement. limits of the roadway which is a part Revised code to use a public highway. Section 17. That the Clerk of Coun- of the Improvement under Section Any existing rule or regulation so cil is authorized and directed to trans- 4511.66 of the Revised Code, unless restricting road usage is rescinded. mit to the State three (3) certified otherwise controlled by City ordi- Section 6. That the Director of Capi- copies of this ordinance immediately nance or resolution. tal Projects is authorized to apply to on its taking effect, and it shall Section 5. (a) That all existing the County for approval to use County become the basis for proceeding with streets and public rights-of-way with- Motor Vehicle License Tax funds to the Improvement. in the City that are necessary for the pay for the Improvement, to accept Section 18. That the cost of the con- Improvement shall be made avail- the funds and to file all papers and tracts, payments, property acquisi- able. execute all documents necessary to tion, cash matches, and other expen- (b) That in the event any addition- receive the funds; and that the funds ditures authorized shall be paid from al right-of-way is required for the are appropriated for the purposes the fund or funds to which are credit- Improvement the City will arrange described in this ordinance. ed any gift or grant proceeds accept- for its acquisition. Section 7. That this Council ed under this ordinance, cash match- (c) That the street within the limits requests the County to proceed with es, cash contributions accepted and of the Improvement is designated a the Improvement. appropriated under this ordinance, through highway as provided in Sec- Section 8. That the City gives con- motor vehicle funds, and from Fund tion 4511.07(A)(6) of the Revised sent to the county to apply for and Nos. 20 SF 510, 20 SF 520, 20 SF 524, 20 Code. accept Oho Public works commission SF 528, 20 SF 534, 20 SF 540, and 20 SF 1323 12 The City Record August 21, 2013

546, Request No. RQS 0103, RL 2013- (a) Maintain the Improvement able for employment as may be deter- 128. according to the provisions of the mined after a full and complete can- Section 19. That this ordinance is statutes relating thereto and make vass by the Director of Capital Pro- declared to be an emergency measure ample financial and other provisions jects for the purpose of compiling a and, provided it receives the affirma- for the maintenance; list. The compensation to be paid for tive vote of two-thirds of all the mem- (b) Maintain the right-of-way and the services shall be fixed by the bers elected to Council, it shall take keep it free of obstruction in a man- Board of Control. The contract or con- effect and be in force immediately ner satisfactory to the State and hold tracts shall be prepared by the Direc- upon its passage and approval by the the right-of-way inviolate for public tor of Law, approved by the Director Mayor; otherwise it shall take effect highway purposes. of Capital Projects and certified by and be in force from and after the ear- Section 5. (a) That all existing the Director of Finance. liest period allowed by law. streets and public rights-of-way with- Section 10. That the Director of Cap- Referred to Directors of Capital in the City that are necessary for the ital Projects is authorized to accept Projects, City Planning Commission, Improvement shall be made avail- cash contributions from public or pri- Finance, Law; Committees on Public able. vate entities, for infrastructure Service, City Planning, Finance. (b) That the City agrees that all restoration costs associated with relo- right-of-way required for the cating, rehabilitating or reconstruct- Ord. No. 1100-13. described project will be acquired ing utility infrastructure for the By Council Members Cimperman, and/or made available under current Improvement. That the Director of Miller, Cleveland and Kelley (by State and federal regulations. The Capital Projects is authorized to enter departmental request). City also understands that right-of- into agreements with the entities for An emergency ordinance giving way costs include eligible utility this purpose. consent of the City of Cleveland to costs. Section 11. That, when appropriate, the Director of Transportation of the (c) That the installation of all utili- the Director of Capital Projects is State of Ohio for the repair of the ty facilities, relocation, and reim- authorized to enter into one or more Tower City Bridge Complex; autho- bursement on the right-of-way shall contracts with the Greater Cleveland rizing the Director of Capital Pro- conform with the requirements of Regional Transit Authority, the jects to enter into any relative Title 23 CFR 645 and the ODOT Utili- Northeast Ohio Regional Sewer Dis- agreements; to apply for and accept ties Manual. trict and other entities to obtain ser- any gifts or grants for this purpose Section 6. That the Director of Capi- vices or to acquire property rights from any public or private entities; tal Projects is authorized to enter into such as easements and licenses, nec- authorizing one or more contracts contracts with Ohio Department of essary to construct the improvements with consultants and agreements Transportation (“ODOT”) pre-quali- described in this ordinance. with public and private entities; and fied consultants for the preliminary Section 12. That the Director of Cap- authorizing the Commissioner of engineering phase of the Improve- ital Projects, when necessary, is Purchases and Supplies to acquire, ment and to enter into contracts with authorized to cause payment to the accept, and record for right-of-way purposes any real property and ease- the State necessary to complete the Greater Cleveland Regional Transit ments necessary to make the above described project. Upon the Authority, and other entities or pay- improvement. request of ODOT, the Director of Cap- ment of any services which were nec- Whereas, this ordinance consti- ital Projects is also authorized to essary to construct the Improvement tutes an emergency measure provid- assign all rights, title, and interests described in this ordinance. ing for the usual daily operation of of the City to ODOT arising from any Section 13. That, notwithstanding a municipal department; now, there- agreement with its consultant in any provision of the Codified Ordi- fore, order to allow ODOT to direct addi- nances of Cleveland, Ohio, 1976, to the Be it ordained by the Council of tional or corrective work, recover contrary, the Commissioner of Pur- the City of Cleveland: damages due to errors or omissions, chases and Supplies is authorized to Section 1. That it is declared to be in and to exercise all other contractual acquire, accept, and record for right- the public interest that the consent of rights and remedies afforded by law of-way purposes any real property the City of Cleveland is given to the or equity. and easements as is necessary to Director of Transportation of the Section 7. That the City agrees that make the improvements described in State of Ohio (“the State”) to con- if Federal Funds are used to pay the this ordinance. The consideration to struct the following improvement cost of any consultant contract, the be paid for the property and ease- under plans, specifications, and esti- City shall comply with 23 CFR 172 in ments shall not exceed fair market mates approved by the State: repair of the selection of its consultant and the value. the Tower City Bridge Complex administration of the consultant con- Section 14. That the Director of Cap- which consists of Huron Road, tract. Further, the City agrees to ital Projects is authorized to execute Prospect Avenue, West 6th Street, incorporate ODOT’s “Specifications on behalf of the City all documents West 3rd Street, and West 2nd Street for Consulting Services” as a contract necessary to acquire, accept, and near Greater Cleveland Regional document in all of its consultant con- record the property and easements Transit Authority Rapid Transit Sta- tracts. The City agrees to require, as a and to employ and pay all fees for tion (the “Improvement”). scope of services clause, that all plans title companies, surveys, escrows, Section 2. That the City proposes to prepared by the consultant must con- appraisers, and all other costs neces- cooperate with the State in the cost of form to ODOT’s current design stan- sary for the acquisition of the proper- the Improvement by assuming and dards and that the consultant shall be ty and easements. contributing the entire cost and responsible for ongoing consultant Section 15. That the Director of Cap- expense of the Improvement, less the involvement during the construction ital Projects is authorized to enter amount of federal funds allocated by phase of the Improvement. The City into any agreements necessary to the Federal Highway Administration, agrees to include a completion sched- implement the Improvement. United States Department of Trans- ule acceptable to ODOT and to assist Section 16. That the Director of Cap- portation. The City agrees to assume ODOT in rating the consultant’s per- ital Projects is authorized to apply for one hundred percent (100%) of the formance through ODOT’s Consultant and accept any gifts or grants for this cost of preliminary engineering, Evaluation System. purpose from any public or private right-of-way and environmental docu- Section 8. That this Council entity; and that the Director is autho- mentation. Also, the City agrees to requests the State to proceed with the rized to file all papers and execute all assume and contribute 100% of the Improvement. documents necessary to receive the cost of any items included in the con- Section 9. That the Director of Capi- funds under the grant; and that the struction contract at the request of tal Projects is authorized to employ funds are appropriated for the pur- the City, which are determined by the by contract or contracts one or more poses described in this ordinance. State not eligible or made necessary consultants or one or more firms of Section 17. That the cost of the con- by the Improvement. consultants for the purpose of supple- tracts, payments, property acquisi- Section 3. That the Director Capital menting the regularly employed staff tion, cash matches, and other expen- Projects is authorized to enter into of the several departments of the City ditures authorized shall be paid from one or more agreements with the of Cleveland in order to provide pro- the fund or funds to which are credit- State necessary to complete the plan- fessional design, engineering and ed any gift or grant proceeds accept- ning and construction of the Improve- construction services necessary for ed under this ordinance, cash match- ment, which agreements shall contain the Improvement. es, cash contributions accepted and terms and conditions that the Director The selection of the consultants for appropriated under this ordinance, of Law determines shall best protect the services shall be made by the and Fund Nos. 20 SF 510, 20 SF 520, 20 the public interest. Board of Control on the nomination of SF 524, 20 SF 528, 20 SF 534, 20 SF 540, Section 4. That on completion of the the Director of Capital Projects from 20 SF 546, and 20 SF 554, RQS 0103, RL Improvement, the City will: a list of qualified consultants avail- 2013-130. 1324 August 21, 2013 The City Record 13

Section 18. That the Clerk of Coun- Whereas, this ordinance consti- Section 1. That, notwithstanding cil is authorized and directed to trans- tutes an emergency measure provid- and as an exception to the provisions mit to the State three (3) certified ing for the usual daily operation of of Chapters 181 and 183 of the Codi- copies of this ordinance immediately a municipal department; now, there- fied Ordinances of Cleveland, Ohio, on its taking effect, and it shall fore, 1976, it is found and determined that become the basis for proceeding with Be it ordained by the Council of an easement interest in the following the Improvement. the City of Cleveland: described property is not needed for Section 19. That this ordinance is Section 1. That the Director of Pub- the City’s use: declared to be an emergency measure lic Safety is authorized to apply for and, provided it receives the affirma- and accept a grant in the approximate PARTIAL EASEMENT FOR tive vote of two-thirds of all the mem- amount of $17,039.77, and any other PERMANENT PARCEL bers elected to Council, it shall take funds that may become available dur- NUMBER 110-24-024 effect and be in force immediately ing the grant term from University SITUATED in the City of Cleve- upon its passage and approval by the Hospitals to conduct the FY 2014 land, Cuyahoga County, Ohio, con- Mayor; otherwise it shall take effect Cuyahoga County OVI Task Force veyed to Grantor by Gerald T. and be in force from and after the ear- Program; that the Director is autho- McFaul, Sheriff. under the date of liest period allowed by law. rized to file all papers and execute all November 24, 1981 and recorded in the Referred to Directors of Capital documents necessary to receive the office of the clerk of the Cuyahoga Projects, City Planning Commission, funds under the grant; and that the County Recorder in Volume 15601, Finance, Law; Committees on Public funds are appropriated for the pur- Page 325, Permanent Parcel Number Service, City Planning, Finance. poses described in the proposed plan- 110-24-024, Located at East 123rd ning sheet for the grant contained in Street, Cleveland, Ohio. Ord. No. 1101-13. the file described below. The pipeline laid pursuant to this By Council Members Conwell and Section 2. That the proposed plan- agreement is to be located within the Kelley (by departmental request). ning sheet for the grant, presented to limits of an easement of a width An emergency ordinance authoriz- the Finance Committee of this Coun- deemed necessary by the Grantee, but ing the Director of Public Safety to cil at a public hearing on this legisla- in no event to exceed ten (10) feet. apply for and accept a grant from tion and set forth in File No. 1102-13-A, Said Easement beginning at the the State of Ohio for the FY 2014 is made a part of this ordinance as if southwest corner of PPN: 110-24-024 Cleveland High Visibility Enforce- fully rewritten, is approved in all and running northerly along the west ment Overtime Program. respects, and shall not be changed property line approximately 10'. Whereas, this ordinance consti- without additional legislative author- Section 2. That by and at the direc- tutes an emergency measure provid- ity. tion of the Board of Control, the Com- ing for the usual daily operation of Section 3. That the Director of Pub- missioner of Purchases and Supplies a municipal department; now, there- lic Safety is authorized to extend the is authorized to convey the above- fore, term of the grant during the grant described non-exclusive easement to Be it ordained by the Council of term. Dominion, subject to any conditions the City of Cleveland: Section 4. That this ordinance is stated in this ordinance, at a price to Section 1. That the Director of Pub- declared to be an emergency measure be determined by the Board of Con- lic Safety is authorized to apply for and, provided it receives the affirma- trol. and accept a grant in the approximate tive vote of two-thirds of all the mem- Section 3. That the easement shall amount of $70,159.17, and any other bers elected to Council, it shall take be non-exclusive and the purpose of funds that may become available dur- effect and be in force immediately the easement shall be to allow Domin- ing the grant term from the State of upon its passage and approval by the ion to reconstruct its pipeline along Ohio to conduct the FY 2014 Cleveland Mayor; otherwise it shall take effect East 123rd Street and to allow for High Visibility Enforcement Over- and be in force from and after the ear- ongoing maintenance. time Program; that the Director is liest period allowed by law. Section 4. That the duration of the authorized to file all papers and exe- Referred to Directors of Public easement shall be perpetual; that the cute all documents necessary to Safety, Finance, Law; Committees on easement may include reasonable receive the funds under the grant; and Public Safety, Finance. right of entry rights to the City; that that the funds are appropriated for the easement shall not be assignable the purposes described in the summa- Ord. No. 1103-13. without the consent of the Director of ry for the grant contained in the file By Council Members Conwell, Bran- Community Development; that the described below. catelli, Cleveland and Kelley (by easement shall require that Dominion Section 2. That the summary for the departmental request). indemnify the City, provide reason- grant, presented to the Finance Com- An emergency ordinance authoriz- able insurance, maintain any Domin- mittee of this Council at a public hear- ing the Director of Community ion improvements located within the ing on this legislation and set forth in Development to execute a deed of easement, and pay any applicable File No. 1101-13-A, is made a part of easement granting to Dominion taxes and assessments. this ordinance as if fully rewritten, is East Ohio Gas certain easement Section 5. That the conveyance approved in all respects, and shall not rights in a portion of City-owned referred to above shall be made by be changed without additional leg- property known as Permanent Par- official deed of easement prepared by islative authority. cel No. 110-24-024 and declaring the the Director of Law and executed by Section 3. That the Director of Pub- easement rights not needed for the the Director of Community Develop- lic Safety is authorized to extend the City’s use. ment on behalf of the City of Cleve- term of the grant during the grant Whereas, Dominion East Ohio Gas land. The deed of easement shall con- term. (“Dominion”) has requested the tain any additional terms and condi- Section 4. That this ordinance is Department of Community Develop- tions as are required to protect the declared to be an emergency measure ment to convey certain easement interest of the City. The Directors of and, provided it receives the affirma- rights in a portion of City-owned Community Development and Law tive vote of two-thirds of all the mem- property which is currently in the are authorized to execute any other bers elected to Council, it shall take Residential Land Bank as set forth documents, including without limita- effect and be in force immediately in Section 183.021 of the Codified tion, contracts for right of entry, as upon its passage and approval by the Ordinances of Cleveland, Ohio, 1976, may be necessary to effect the pur- Mayor; otherwise it shall take effect and is known as Permanent Parcel poses of this ordinance. and be in force from and after the ear- No. 110-24-024; and Section 6. That this ordinance is liest period allowed by law. Whereas, Dominion requires the declared to be an emergency measure Referred to Directors of Public easement to reconstruct its pipeline and, provided it receives the affirma- Safety, Finance, Law; Committees on along East 123rd Street and to allow tive vote of two-thirds of all the mem- Public Safety, Finance. for ongoing maintenance; and bers elected to Council, it shall take Whereas, the easement rights to effect and be in force immediately Ord. No. 1102-13. be granted are not needed for the upon its passage and approval by the By Council Members Conwell and City’s use; and Mayor; otherwise it shall take effect Kelley (by departmental request). Whereas, this ordinance consti- and be in force from and after the ear- An emergency ordinance authoriz- tutes an emergency measure provid- liest period allowed by law. ing the Director of Public Safety to ing for the usual daily operation of Referred to Directors of Community apply for and accept a grant from a municipal department; now, there- Development, City Planning Commis- University Hospitals for the FY 2014 fore, sion, Finance, Law; Committees on Cuyahoga County OVI Task Force Be it ordained by the Council of Community and Economic Develop- Program. the City of Cleveland: ment, City Planning, Finance. 1325 14 The City Record August 21, 2013

Ord. No. 1104-13. 2005, as amended by Ordinance No. ments, instruments, amendments or By Council Members Brancatelli, 714-10, passed June 7, 2010, Ordinance certificates and to take such actions Zone and Kelley (by departmental No. 460-11, passed April 25, 2011 and as are necessary or appropriate to request). Ordinance No. 822-12, passed June 4, consummate and implement the An emergency ordinance authoriz- 2012, (“Ordinances as Amended”) transactions described in or contem- ing economic development incen- shall retroactively comply with this plated by this Ordinance and the Eco- tives for the purpose of creating new ordinance. This new ordinance nomic Development Agreement. jobs and improving the economic shall be applicable to all contracts Section 7. That this Council finds welfare of the people of the City as previously entered into under the and determines that all formal authorized in Art. VIII, Section 13 of Ordinances as Amended. actions of this Council concerning the Ohio Constitution; and authoriz- Section 2. That under the Ordi- and relating to the passage of this ing the Director of Economic Devel- nances as Amended this Council ordinance were taken in an open opment to consolidate various job authorized the creation of the Job Cre- meeting of this Council and that all incentive programs under the new ation Incentive Grant Program for- deliberations of this Council that Job Creation Incentive Program; merly known as the Central Business resulted in those formal actions were and authorizing the Director of Eco- District Program, the Green Technol- in meetings open to the public in com- nomic Development to enter into ogy Business Grant Program, the pliance with the law. economic development agreements Technology Business Grant Program, Section 8. That this ordinance is to facilitate the provisions of this and the Downtown & Citywide Busi- declared to be an emergency measure new ordinance. ness Grant Program. That this Coun- and, provided it receives the affirma- Whereas, the City’s real property cil finds and determines that all these tive vote of two-thirds of all the mem- has significantly declined in tax programs and Ordinances as Amend- bers elected to Council, it shall take value, with corresponding reduc- ed shall be consolidated under this effect and be in force immediately tions in City tax receipts available new ordinance and under one pro- upon its passage and approval by the for the City’s general fund and the gram called the Job Creation Incen- Mayor; otherwise it shall take effect Cleveland Public Schools; and tive Program (“JCI Program”). and be in force from and after the ear- Whereas, one of the primary fac- Section 3. That the Director of Eco- liest period allowed by law. tors of these relatively high occu- nomic Development is authorized to Referred to Directors of Economic pancy costs is the cost of parking create the JCI Program to provide Development, Finance, Law; Commit- for employees and Applicants in the financial assistance to various for- tees on Community and Economic City, and these costs: 1) increase profit applicants that create a mini- Development, Employment, Affirma- downtown applicants’ costs of doing mum of five full-time jobs new to the tive Action and Training, Finance. business and restricts these Appli- City. Based on the specific terms of cants by eliminating potential each economic development agree- Ord. No. 1105-13. employees who are unwilling or ment, eligible applicants may receive By Council Members Pruitt and unable to bear significant monthly up to five annual grants up to one per- Kelley (by departmental request). parking costs in the City; and 2) cent (1%) of new total income tax An emergency ordinance deter- handicap the City’s ability to attract payroll for new jobs to the City. mining the method of making the companies whose employees are The applicant must not be delin- public improvement of cleaning, accustomed to free parking spaces quent on any portion of its taxes cement mortar lining, and replacing in their current suburban or rural including but not limited to real various distribution water mains in locations; and estate taxes, municipal taxes, and 2014 and 2015; and authorizing the Whereas, the cost of asbestos or employee withholding tax. The appli- Director of Public Utilities to enter other brownfield removal and mod- cant will annually document and cer- into one or more public improvement ernization of older commercial build- tify the number of jobs created and contracts for the making of the ings also results in higher occupan- annual average payroll to the Depart- improvement. cy costs; and ments of Economic Development and Whereas, this ordinance consti- Whereas, the City under the Finance. The term of an economic tutes an emergency measure provid- authority of Ordinance No. 172-A-06, development agreement authorized ing for the usual daily operation of passed July 13, 2005, as amended by by this ordinance shall not exceed the a municipal department; now, there- various ordinances, has entered into term of the applicant’s lease, and in fore, economic development agreements no event shall exceed five years, Be it ordained by the Council of and created various programs that unless otherwise approved by Coun- the City of Cleveland: give incentive payments to deserv- cil. Every applicant must get a letter Section 1. That, under Section 167 of ing applicants for the purpose of of support from the City Council mem- the Charter of the City of Cleveland, it inducing them to locate and expand ber in whose ward the affected busi- is determined to make the public their workforces within the City, ness is located. improvement of cleaning, cement create employment opportunities, Section 4. Applicants that enter into mortar lining, and replacing various and improve the economic welfare an economic development agreements distribution water mains in the City of Cleveland’s citizens, all as autho- under the JCI Program, may also be of Cleveland in 2014 and 2015, for the rized in Article VIII, Section 13 of eligible for an additional grant up to Division of Water, Department of the Ohio Constitution; and $5,000, to pay for relocation costs, Public Utilities, by one or more con- Whereas, the Director of Econom- which include but are not limited to, tracts duly let to the lowest responsi- ic Development now is authorized to moving into the City of Cleveland, ble bidder or bidders after competi- consolidate these various programs and for legal and architectural fees tive bidding upon a unit basis for the by creating a new Job Creation associated with the relocation (Relo- improvement. Incentive Program that will provide cation Costs Grant”). Subject to the Section 2. That the Director of Pub- annual incentive payments, subject approval of the Director of Economic lic Utilities is authorized to enter into to appropriation, and based on a per- Development, an applicant that is not one or more contracts for the making centage of New Payroll as specified eligible under the JCI Program may of the public improvement with the in individual economic development still be eligible for a Relocation Costs lowest responsible bidder or bidders agreements between the City and a Grant alone. after competitive bidding upon a unit specific applicant; and Section 5. The agreements shall be basis for the improvement, provided, Whereas, this ordinance consti- paid from funding previously autho- however, that each separate trade tutes an emergency measure provid- rized under Ordinances as Amended, and each distinct component part of ing for the immediate preservation drawn from Fund Nos. 10 SF 526, 17 SF the improvement may be treated as a of the public peace, safety, proper- 006, and 17 SF 652 and paid to the separate improvement, and each, or ty, and welfare and that its enact- applicants no later than April 30, of any combination, of the trades or com- ment is a necessary prerequisite to each year following the effective date ponents may be the subject of a sepa- providing immediate assistance to of the applicable economic develop- rate contract upon a unit basis. create and preserve job opportuni- ment agreement. Total contracts Section 3. That the Director of Pub- ties and advance and promote eco- under this Section shall not exceed lic Utilities is authorized to apply and nomic development in the City of $8,630,000. All Incentive Payments pay for permits, licenses, or other Cleveland, and the assistance is made under this ordinance shall be authorizations required by any regu- immediately necessary; now, there- subject to appropriation. latory agency or public authority to fore Section 6. That the Mayor, the permit performance of the work Be it ordained by the Council of Director of Finance, the Director of authorized by this ordinance. the City of Cleveland: Economic Development, the Director Section 4. That the cost of the Section 1. That all previously of Law, and any other City officials, improvement and other expenditures approved ordinances including Ordi- as appropriate, are each authorized to authorized shall be paid from Fund nance No. 172-A-05, passed July 13, prepare and sign any other docu- Nos. 52 SF 001, 52 SF 229, 52 SF 231, 52 1326 August 21, 2013 The City Record 15

SF 235, and 52 SF 245, and from the for employment as may be determined Ord. No. 1108-13. fund or subfund to which are credited after a full and complete canvass by By Council Members Keane and the proceeds of future waterworks the Director of Port Control for the Kelley (by departmental request). bonds, if issued for this purpose RQS purpose of compiling a list. The com- An emergency ordinance authoriz- 2002, RL 2013-116. pensation to be paid for the services ing the Director of Port Control to Section 5. That this ordinance is shall be fixed by the Board of Control. exercise the first option to renew declared to be an emergency measure The contract or contracts authorized Contract No. MA 2011-119 with Unit- and, provided it receives the affirma- shall be prepared by the Director of ed Rotary Brush to provide the tive vote of two-thirds of all the mem- Law, approved by the Director of Port requirements of automotive parts, bers elected to Council, it shall take Control, and certified by the Director including labor, materials, and effect and be in force immediately of Finance. installation, if necessary. upon its passage and approval by the Section 5. That the Director of Port Whereas, under the authority of Mayor; otherwise it shall take effect Control is authorized to make one or Ordinance No. 190-07, passed March and be in force from and after the ear- more written requirement contracts 12, 2007, the Director of Port Control liest period allowed by law. under the Charter and the Codified entered into Contract No. MA 2011- Referred to Directors of Public Util- Ordinances of Cleveland, Ohio, 1976, 119 with United Rotary Brush to pro- ities, City Planning Commission, for the requirements for a period to be vide the requirements of automotive Finance, Law; Committees on Public determined by the Director of the nec- parts, including labor, materials, Utilities, Finance. essary items of materials, equipment, and installation, if necessary; and supplies, and services necessary to Whereas, Ordinance No. 190-07 Ord. No. 1107-13. construct the Improvement, including requires further legislation before By Council Members Keane and labor and materials if necessary, that exercising the first option to renew Kelley (by departmental request). are not purchased under the public on this contract; and An emergency ordinance deter- improvement contract or professional Whereas, this ordinance consti- mining the method of making the services contracts authorized in this tutes an emergency measure provid- public improvement of rehabilitat- ordinance, in the approximate ing for the usual daily operation of ing Runway 6R-24L at Burke Lake- amount as purchased during the pre- a municipal department; now, there- front Airport; authorizing the Direc- ceding term, to be purchased by the fore, tor of Port Control to enter into one Commissioner of Purchases and Sup- Be it ordained by the Council of or more public improvement con- plies on a unit basis for the Depart- the City of Cleveland: tracts to construct the improvement; ment of Port Control. Bids shall be Section 1. That the Director of Port authorizing the director to employ taken in a manner that permits an Control is authorized to exercise the one or more professional consultants award to be made for all items as a first option to renew Contract No. MA necessary to design the improve- single contract, or by separate con- 2011-119 for an additional year with ment; and to enter into one or more tract for each or any combination of United Rotary Brush for the require- requirement contracts needed in con- the items as the Board of Control ments for an additional year of auto- nection with the improvement. determines. Alternate bids for a peri- motive parts, including labor, materi- Whereas, this ordinance consti- od less than the specified term may be als, and installation, if necessary. tutes an emergency measure provid- taken if desired by the Commissioner This ordinance constitutes the addi- ing for the usual daily operation of of Purchases and Supplies until provi- tional legislative authority required a municipal department; now, there- sion is made for the requirements for by Ordinance No. 190-07 to exercise fore, the entire term. this option. Be it ordained by the Council of Section 6. That the costs of the con- Section 2. That this ordinance is the City of Cleveland: tract or contracts shall be charged declared to be an emergency measure Section 1. That, under Section 167 of against the proper appropriation and, provided it receives the affirma- the Charter of the City of Cleveland, accounts and the Director of Finance tive vote of two-thirds of all the mem- this Council determines to make the shall certify the amount of any pur- bers elected to Council, it shall take public improvement of rehabilitating chase under the contract, each of effect and be in force immediately Runway 6R-24L at Burke Lakefront which purchases shall be made on upon its passage and approval by the Airport (the “Improvement”), for the order of the Commissioner of Pur- Mayor; otherwise it shall take effect Department of Port Control, by one or chases and Supplies by a delivery and be in force from and after the ear- more contracts duly let to the lowest order issued against the contract or liest period allowed by law. responsible bidder or bidders after contracts and certified by the Direc- Referred to Directors of Port Con- competitive bidding on a unit basis tor of Finance. trol, Finance, Law; Committees on for the Improvement. Section 7. That under Section 108(b) Aviation and Transportation, Section 2. That the Director of Port of the Charter, the purchases autho- Finance. Control is authorized to enter into one rized by this ordinance may be made or more contracts for the making of through cooperative arrangements Ord. No. 1109-13. the Improvement with the lowest with other governmental agencies. By Council Members Pruitt and responsible bidder or bidders after The Director of Port Control may sign Kelley (by departmental request). competitive bidding on a unit basis all documents that are necessary to An emergency ordinance authoriz- for the Improvement, provided, how- make the purchases, and may enter ing the purchase by one or more ever, that each separate trade and into one or more contracts with the requirement contracts of diving and each distinct component part of the vendors selected through that cooper- underwater inspections, for the Divi- Improvement may be treated as a sep- ative process. sion of Water, Department of Public arate improvement, and each, or any Section 8. That the cost of the con- Utilities, for a period up to two combination, of the trades or compo- tracts and other expenditures autho- years, with two one-year options to nents may be the subject of a separate rized shall be paid from Fund Nos. 60 renew, the first of which requires contract on a unit basis. SF 001, 60 SF 104, 60 SF 106, 60 SF 112, additional legislative authority. Section 3. That the Director of Port 60 SF 114, 60 SF 115, 60 SF 116, 60 SF Whereas, this ordinance consti- Control is authorized to apply and pay 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 tutes an emergency measure provid- for permits, licenses, or other autho- SF 126, 60 SF 128, 60 SF 130, 60 SF 141, ing for the usual daily operation of rizations required by any regulatory 60 SF 160, and from the fund or funds a municipal department; now, there- agency or public authority to permit to which are credited any grants or fore, performance of the work authorized any passenger facility charges if Be it ordained by the Council of by this ordinance. authorized for this purpose, Request the City of Cleveland: Section 4. That the Director of Port No. RQS 3001, RL 2013-126. Section 1. That the Director of Pub- Control is authorized to employ by Section 9. That this ordinance is lic Utilities is authorized to make one contract or contracts one or more con- declared to be an emergency measure or more written requirement con- sultants or one or more firms of con- and, provided it receives the affirma- tracts under the Charter and the Codi- sultants for the purpose of supple- tive vote of two-thirds of all the mem- fied Ordinances of Cleveland, Ohio, menting the regularly employed staff bers elected to Council, it shall take 1976, for the requirements for a period of the several departments of the City effect and be in force immediately up to two years, with two one-year of Cleveland in order to provide pro- upon its passage and approval by the options to renew, of the necessary fessional services necessary to design Mayor; otherwise it shall take effect items of diving and underwater the Improvement. and be in force from and after the ear- inspections, in the approximate The selection of the consultants for liest period allowed by law. amount as purchased during the pre- the services shall be made by the Referred to Directors of Port Con- ceding term, to be purchased by the Board of Control on the nomination of trol, City Planning Commission, Commissioner of Purchases and Sup- the Director of Port Control from a Finance, Law; Committees on Avia- plies on a unit basis for the Division list of qualified consultants available tion and Transportation, Finance. of Water, Department of Public Utili- 1327 16 The City Record August 21, 2013 ties. The first of the one-year options separate contract for each or any com- Township 9 North of the Connecticut to renew may not be exercised with- bination of the items as the Board of Western Reserve Survey and being out additional legislative authority. Control determines. Alternate bids for part of a tract of land as conveyed to If such additional legislative authori- a period less than the specified term University Circle Development Foun- ty is granted and the first of the one- may be taken if desired by the Com- dation by deed of record in Deed Vol- year options to renew is exercised, missioner of Purchases and Supplies ume 12337, Page 263, being part of a then the second of the one-year until provision is made for the tract of land as conveyed to the options to renew may be exercisable requirements for the entire term. McCoullough Center, LLC, by deed of at the option of the Director of Public Section 2. That the costs of the con- record in A.F.N. 200704230202, being Utilities, without the necessity of tract or contracts shall be charged part of sublot number 11 as conveyed obtaining additional authority of this against the proper appropriation in Andrew Cozad’s Allotment by plat Council. Bids shall be taken in a man- accounts and the Director of Finance of record in Plat Volume 7, Page 21, ner that permits an award to be made shall certify the amount of any pur- being all of the permanent right-of- for all items as a single contract, or by chase under the contract, each of way easement labeled Parcel 300-SH separate contract for each or any com- which purchases shall be made on as conveyed in A.F.N. 200606130782 bination of the items as the Board of order of the Commissioner of Pur- and being part of the permanent Control determines. Alternate bids for chases and Supplies by a delivery right-of-way easement labeled Parcel a period less than the specified term order issued against the contract or 288-SH as conveyed in A.F.N. may be taken if desired by the Com- contracts and certified by the Direc- 200701190507; all record document ref- missioner of Purchases and Supplies tor of Finance. (RQN 7016, RL 2013-31) erences in this legal description being until provision is made for the Section 3. That under Section 108(b) to the Recorder’s Office, Cuyahoga requirements for the entire term. of the Charter, the purchases autho- County, Ohio and being more particu- Section 2. That the costs of the con- rized by this ordinance may be made larly bounded and described as fol- tract or contracts shall be charged through cooperative arrangements lows: against the proper appropriation with other governmental agencies. Beginning at point on the north- accounts and the Director of Finance The Director of Public Works may easterly corner of said Parcel 300-SH, shall certify the amount of any pur- sign all documents that are necessary on the southeasterly right-of-way of Euclid Avenue, width varies, and on chase under the contract, each of to make the purchases, and may enter the northwesterly line of said McCul- which purchases shall be made on into one or more contracts with the lough Center, LLC tract, said point order of the Commissioner of Pur- vendors selected through that cooper- also being the TRUE POINT OF chases and Supplies by a delivery ative process. BEGINNING of the herein described order issued against the contract or Section 4. That this ordinance is tract of land. contracts and certified by the Direc- declared to be an emergency measure 01. Then South 23° 46' 37" West, a tor of Finance. (RQN 2002, RL 2013-29) and, provided it receives the affirma- distance of 30.76 feet along the south- Section 3. That under Section 108(b) tive vote of two-thirds of all the mem- easterly line of said Parcel 300-SH of the Charter, the purchases autho- bers elected to Council, it shall take and through said McCullough Center, rized by this ordinance may be made effect and be in force immediately LLC tract to point; through cooperative arrangements upon its passage and approval by the 02. Thence south 42° 44' 49" West, a with other governmental agencies. Mayor; otherwise it shall take effect distance of 29.52 feet along the south- The Director of Public Utilities may and be in force from and after the ear- easterly line of said Parcel 288-SH sign all documents that are necessary liest period allowed by law. and through said University Circle to make the purchases, and may enter Referred to Directors of Public Development Foundation tract to a into one or more contracts with the Works, Finance, Law; Committees on point; vendors selected through that cooper- Public Service, Finance. 03. Thence North 47 ° 15' 11" West, ative process. a distance of 10.00 feet through said Section 4. That this ordinance is Ord. No. 1111-13. Parcel 288-SH and through said Uni- declared to be an emergency measure By Council Members Conwell, versity Circle Development Founda- and, provided it receives the affirma- Miller, Cleveland and Kelley (by tion tract to a point; tive vote of two-thirds of all the mem- departmental request). 04. Thence North 42° 44' 49" East, a bers elected to Council, it shall take An emergency ordinance authoriz- distance of 58.61 feet along the north- effect and be in force immediately ing the Commissioner of Purchases westerly line of said Parcel 288-SH, upon its passage and approval by the and Supplies to sell City-owned prop- along the northwesterly line of said Mayor; otherwise it shall take effect erty no longer needed for public use University Circle Development Foun- and be in force from and after the ear- located near the southeast corner of dation, along the northwesterly line liest period allowed by law. Euclid Avenue and East 116th Street of said Parcel 300-SH and along the Referred to Directors of Public Util- to The Cleveland Institute of Art, or northwesterly line of said McCul- ities, Finance, Law; Committees on its designee, for purposes of rede- lough Center, LLC tract, to the True Public Utilities, Finance. velopment. Point of Beginning and containing Whereas, the Director of Capital 0.0101 acres, more or less, and subject Ord. No. 1110-13. Projects has requested the sale of to all legal easements, restrictions, By Council Members Miller and Kel- the City-owned property to The reservations, conditions and rights-of- ley (by departmental request). Cleveland Institute of Art, or its way of previous record. An emergency ordinance authoriz- designee (the “Redeveloper”) no The basis of bearing in this descrip- ing the purchase by one or more longer needed for public use and tion is based on the southeasterly line requirement contracts of rock salt, located near the southeast corner of of Euclid being North 42° 44'49" East. for the Division of Streets, Depart- Euclid Avenue and East 116th Street This description is based on a field ment of Public Works, for a period for purposes of redevelopment; and survey made by Michael Benza & of one year. Whereas, this ordinance consti- Associates, Inc. in February 2009 Whereas, this ordinance consti- tutes an emergency measure provid- under project number 4188. tutes an emergency measure provid- ing for the usual daily operation of Section 2. That by and at the direc- ing for the usual daily operation of a municipal department; now, there- tion of the Board of Control, the Com- a municipal department; now, there- fore, missioner of Purchases and Supplies fore, Be it ordained by the Council of is authorized to sell the above- Be it ordained by the Council of the City of Cleveland: described property to the Redeveloper the City of Cleveland: Section 1. That notwithstanding at a price not less than fair market Section 1. That the Director of Pub- and as an exception to the provisions value as determined by the Board of lic Works is authorized to make one of Chapter 181 and 183 of the Codified Control, taking into account all or more written requirement con- Ordinances of Cleveland, Ohio, 1976, it restrictions, reversionary interests tracts under the Charter and the Codi- is found and determined that the fol- and similar encumbrances as may be fied Ordinances of Cleveland, Ohio, lowing described standard highway placed by the City of Cleveland in the 1976, for the requirements for the peri- easement is no longer needed for pub- deed of conveyance. The City is od of one year of the necessary items lic use: authorized to obtain one or more of rock salt, in the approximate Description of a 0.0101 Acre Tract ingress and egress easements from amount as purchased during the pre- Located southeasterly of Redeveloper for the purpose of relo- ceding term, to be purchased by the Euclid Avenue and between cating sidewalk amenities. The Direc- Commissioner of Purchases and Sup- Mayfield Road and East 117th Street tor of Capital Projects is authorized plies on a unit basis for the Division Cleveland, Ohio. to execute any documents as may be of Streets, Department of Public Situated in the City of Cleveland, necessary to effect the purposes of Works. Bids shall be taken in a man- County of Cuyahoga, State of Ohio, this ordinance. ner that permits an award to be made being part of the Original 100 Acre Section 3. That the conveyance for all items as a single contract, or by Lots No. 395 and 396, Range 12 West, shall be made by official deed pre- 1328 August 21, 2013 The City Record 17 pared by the Director of Law and exe- land conveyed to City of Cleveland Bearings are based on Ohio State cuted by the Mayor on behalf of the Land Reutilization Program as Plane, North Zone NAD83(CORS) Grid City of Cleveland. The deed shall con- recorded in Volume 92-7005, Page 6 of North. tain necessary provisions, including the Cuyahoga County Records, being restrictive reversionary interests as more definitely described as follows; DWIRS-P3-1 Permanent Easement may be specified by the Board of Con- Beginning at the intersection of the PPN 108-14-008 trol or Director of Law, which shall northerly right of way of Elk Avenue Situated in the City of Cleveland, protect the parties as their respective (40.00 feet wide) and the easterly County of Cuyahoga and State of Ohio interests require and shall specifical- right of way of E. 106TH Street (40.00 and known as being part of Sublots ly contain a provision against the feet wide), said point also being the 221 and 222 of William Ambler’s Sub- erection of any advertising signs or southwest corner of said Sublot No, 68; division of part of Original One Hun- billboards except permitted identifi- Thence, along the easterly right of dred Acre Lot No. 362 as recorded in cation signs. way of E. 106th Street, North 00° 33' Volume 38, Page 23 of the Cuyahoga Section 4. That this ordinance is 00" West, 27.00 feet to the northwest County Map Records. Also being part declared to be an emergency measure corner of said and conveyed to City of of the land conveyed to City of Cleve- and, provided it receives the affirma- Cleveland Land Reutilization Pro- land Land Reutilization Program as tive vote of two-thirds of all the mem- gram; recorded in Instrument No. Thence, along City of Cleveland bers elected to Council, it shall take 201204020540 of the Cuyahoga County Land Reutilization Program’s effect and be in force immediately Records, being more definitely upon its passage and approval by the northerly line, North 89° 08' 00" East, described as follows; Mayor; otherwise it shall take effect 112.31 feet to the easterly line of said Beginning at the intersection of the and be in force from and after the ear- Sublot No, 68; northerly right of way of St. Clair liest period allowed by law. Thence, along the easterly line of Referred to Directors of Capital said Sublot No. 68, South 00° 33' 00" Avenue N.E. (80 feet wide) and the Projects, City Planning Commission, East, 27,00 feet to the northerly right easterly right of way of East 109th Finance, Law; Committees on Public of way of Elk Avenue; Street (45 feet wide) Service, City Planning, Finance. Thence, along the northerly right of Thence along the easterly right of way of Elk Avenue, South 89° 08' 00" way of East 109th Street, North 00° 34' Ord. No. 1112-13. West, 112.31 feet to the point of begin- 30" West, 29.97 feet; By Council Members Brancatelli, ning. Thence, leaving said easterly right Cleveland and Kelley (by departmen- Containing within said bounds of way, South 80° 04' 21" East, 82.27 tal request). 0,0696 acres (3,032 square feet) of land feet to the southwesterly corner of An emergency ordinance authoriz- as surveyed by KS Associates, Inc, land conveyed to City of Cleveland ing the Director of Community under the supervision of Trevor A. Land Reutilization Program as Development to execute deeds of Bixler, Professional Surveyor, No. recorded in Volume 92-0522, Page 21 of easement granting to Northeast Ohio 7730 in August, 2012, the Cuyahoga County Records; Regional Sewer District certain Bearings are based on Ohio State Thence, along the northerly right of easement rights in portions of City- Plane, North Zone NAD83(CORS) Grid way of St. Clair Avenue N.E., South North. owned properties needed for its Dug- 78° 56' 18" West, 82.27 feet to the point way West Interceptor Relief Sewer of beginning. DWIRS T64-1 Temporary Easement Project and declaring the easement PPN 108-13-188 Containing within said bounds rights not needed for the City’s use. Situated in the City of Cleveland, 0.0278 acres (1,212 square feet) of land Whereas, Northeast Ohio Regional County of Cuyahoga and State of as surveyed by KS Associates, Inc. Sewer District (“NEORSD”) has Ohio, and known as being part of under the supervision of Trevor A. requested that the Department of Sublot No. 71 in William Ambler’s Sub- Bixler, Professional Surveyor, No. Community Development convey cer- division of part of Original One Hun- 7730 in July 2012. tain easement rights in portions of dred Acre Lot No. 362 as recorded in Bearings are based on Ohio State City-owned property which are cur- Volume 38, Page 23 of the Cuyahoga Plane, North Zone NAD83(CORS) Grid rently in the Residential Land Bank County Map Records. Also being the North. as set forth in Section 183.021 of the land conveyed to David Salvador Codified Ordinances of Cleveland, Urrutia Giron as recorded in Instru- DWIRS-T3-1 Temporary Easement Ohio, 1976, and are known as Per- ment No. 200801020369 of the Cuya- PPN 108-14-008 manent Parcel Nos. 108-13-082, 108-13- hoga County Records, being more def- Situated in the City of Cleveland, 188, 108-14-008, 108-29-009, 108-30-022, initely described as follows; County of Cuyahoga and State of Ohio 108-31-009, 108-31-015, 108-31-016, 109- Beginning at the intersection of the 21-083, and 110-22-009; and and known as being part of Sublots southerly right of way of Elk Avenue 221 and 222 of William Ambler’s Sub- Whereas, the NEORSD requires (40.00 feet wide) and the westerly the easements in connection with division of part of Original One Hun- right of way of E. 107TH Street (45.00 dred Acre Lot No. 362 as recorded in the construction and maintenance of feet wide), said point also being the Volume 38, Page 23 of the Cuyahoga the Dugway West Interceptor Relief northeast corner of said Sublot No. 71; County Map Records. Also being part Sewer Project (the “Sewer Project”); Thence, along the westerly right of and way of E. 107th Street, South 00° 32' of the land conveyed to City of Cleve- Whereas, the easement rights to 09" East, 31.93 feet to the southeast land Land Reutilization Program as be granted are not needed for the corner of said land conveyed to David recorded in Instrument No. City’s use; and Salvador Urrutia Giron; 201204020540 of the Cuyahoga County Whereas, this ordinance consti- Thence, along David Salvador Urru- Records, being more definitely tutes an emergency measure provid- tia Giron’s southerly line, South 89° described as follows; ing for the usual daily operation of 27' 51" West, 117.53 feet to the easter- Commencing at the intersection of a municipal department; now, there- ly right of way of E. 107th Place (45.00 the northerly right of way of St. Clair fore, feet wide); Avenue N.E. (80 feet wide) and the Be it ordained by the Council of Thence, along the easterly right of easterly right of way of East 109th the City of Cleveland: way of E. 107th Place the following Street (45 feet wide) Section 1. That, notwithstanding two courses: North 00° 32' 09" West, Thence along the easterly right of and as an exception to the provisions 16.34 feet; way of East 109th Street, North 00° 34' of Chapters 181 and 183 of the Codi- Thence, along the arc of a curve 30" West, 29.97 feet to the True Point fied Ordinances of Cleveland, Ohio, which deflects to the right, 23.48 feet of Beginning for the easement herein 1976, it is found and determined that to the southerly right of way of Elk described; the easement interests in the follow- Avenue, said curve having a radius of Thence continuing along said east- ing described property are not needed 15.00 feet, a central angle of 89° 40 erly right of way, North 00° 34' 30" for the City’s use: ‘09", and a chord of 21.15 feet which West, 74.53 feet to the southwesterly bears North 44° 17' 55" East; corner of land conveyed to Julius 0. DWIRS T65-1 Temporary Easement Thence, along the southerly right Wright as recorded in Instrument No. PPN 108-13-082 of way of Elk Avenue, North 89° 08' 200412200606 of the Cuyahoga County Situated in the City of Cleveland, 00" East, 102.62 feet to the point of Records; County of Cuyahoga and State of beginning. Thence, along Wright’s southerly Ohio, and known as being part of Containing within said bounds line, North 88° 00' 52" East, 80.93 feet Sublot No. 68 in The Remington Sub- 0.0841 acres (3,665 square feet) of land to the northwesterly corner of land division of part of Original One Hun- as surveyed by KS Associates, Inc. conveyed to City of Cleveland Land dred Acre Lot No, 362 as recorded in under the supervision of Trevor A. Reutilization Program as recorded in Volume 35, Page 29 of the Cuyahoga Bixler, Professional Surveyor, No. Volume 92-0522, Page 21 of the Cuya- County Map Records. Also being the 7730 in August, 2012. hoga County Records; 1329 18 The City Record August 21, 2013

Thence, along City of Cleveland DWIRS-P12-1 Permanent Records, being more definitely Land Reutilization Program’s wester- Easement Across described as follows; ly line, South 00° 34' 07" East, 91.52 PPN 108-30-022 Beginning at the intersection of the feet to the northerly right of way of 0.0208 Acre northerly right of way of Earle St. Clair Avenue N.E.; Situated in the City of Cleveland, Avenue (50 feet wide) and the wester- Thence, leaving said westerly line County of Cuyahoga and State of ly right of way of Lakeview Road and said northerly right of way, North Ohio, and known as being part of N.E. (60 feet wide), said point also 80° 04' 21" West, 82.27 feet to the point Block A in The Cleveland Realty being the southeast corner of said of beginning. Company Subdivision of part of Origi- Sublot No. 39; Containing within said bounds nal One Hundred Acre Lot Nos. 362 Thence, along the northerly right of 0.1542 acres (6,717 square feet) of land and 370 as recorded in Volume 24, way of Earle Avenue, South 88° 50' as surveyed by KS Associates, Inc. Page 17 of the Cuyahoga County Map 50" West, 130.85 feet to the southwest under the supervision of Trevor A. Records. Also being part of the land corner of said Sublot No. 39; Bixler, Professional Surveyor, No. conveyed to the City of Cleveland Thence, along the westerly line of 7730 in July 2012. Land Reutilization Program as said Sublot No, 39, North 00° 41' 54" Bearings are based on Ohio State recorded in Instrument No. West, 5.23 feet; Plane, North Zone NAD83(CORS) Grid 201102110056 of the Cuyahoga County Thence, leaving said westerly line, North. Records, being more definitely North 87° 56' 52" East, 129.78 feet to described as follows; the westerly right of way of Lake- DWIRS-P8-1 Permanent Easement Commencing at the southwest cor- view Road N.E.; PPN 108-29-009 ner of Sublot No. 127 in Linn and Issel Thence, along the westerly right of Situated in the City of Cleveland, Addition as recorded in Volume 43, way of Lakeview Road N.E., South 09° County of Cuyahoga and State of Page 17 of the Cuyahoga County Map 24' 02" East, 7.35 feet to the point of Ohio, and known as being part of Records, said point also being in the beginning. Block A in The Cleveland Realty easterly right of way of Linn Drive Containing within said bounds Company Subdivision of part of Origi- (60.00 feet); 0.0187 acres (815 square feet) of land nal One Hundred Acre Lot Nos. 362 Thence, along the easterly right of as surveyed by KS Associates, Inc. and 370 as recorded in Volume 24, way of Linn Drive, along the arc of a under the supervision of Trevor A. Page 17 of the Cuyahoga County Map curve which deflects to the left, 250,89 Bixler, Professional Surveyor, No. Records. Also being part of the land feet to the northwesterly corner of 7730 in July, 2012. conveyed to the City of Cleveland said land conveyed to the City of Bearings are based on Ohio State Land Reutilization Program as Cleveland Land Reutilization Pro- Plane, North Zone NAD83(CORS) Grid recorded in Instrument No. gram, said curve having a radius of North. 201209061221 of the Cuyahoga County 1135.00 feet, a central angle of 12° 39' Records, being more definitely 55", and a chord of 250,38 feet which DWIRS-T48-1 Temporary Easement described as follows; bears South 07° 43' 19" East, said Parcel No. 108-31-009 Commencing at the southwest cor- point being the True Point of Begin- Situated in the City of Cleveland, ner of Sublot No. 127 in Linn and Issel ning for the easement herein County of Cuyahoga and State of Addition as recorded in Volume 43, described, Ohio, and known as being part of Page 17 of the Cuyahoga County Map Thence, leaving the right of way of Sublot No. 39 in The Realty Under- writers Co’s Lake View Road Subdivi- Records, said point also being in the Linn Drive, along the City of Cleve- sion of part of Original One Hundred easterly right of way of Linn Drive land Land Reutilization Program’s Acre Lot No. 371 as recorded in Vol- (60.00 feet); northerly line, North 80° 44' 59" East, ume 63, Page 30 of the Cuyahoga Thence, along the easterly right of 23.53 feet; County Map Records. Also being part way of Linn Drive, along the arc of a Thence, leaving said northerly line, of the land conveyed to the City of curve which deflects to the left, 91.02 South 12° 34' 33" East, 39.83 feet to the Cleveland Land Reutilization Pro- feet to the northwesterly corner of southerly line of said land conveyed gram as recorded in Instrument No. said land conveyed to the City of to the City of Cleveland Land Reuti- 200802280209 of the Cuyahoga County Cleveland Land Reutilization Pro- lization Program; Records, being more definitely gram, said curve having a radius of Thence, along the City of Cleveland described as follows; 1135.00 feet, a central angle of 04° 35' Land Reutilization Program’s Commencing at the intersection of 41", and a chord of 90.99 feet which southerly line, South 80° 45' 35" West, the northerly right of way of Earle bears South 03° 41' 12" East, said 21.79 feet to the easterly right of way point being the True Point of Begin- Avenue (50 feet wide) and the wester- of Linn Drive; ly right of way of Lakeview Road ning for the easement herein Thence, along the easterly right of described, N.E. (60 feet wide), said point also way of Linn Drive, along the arc of a being the southeast corner of said Thence, leaving the right of way of curve which deflects to the right, Linn Drive, along the City of Cleve- Sublot No. 39; 39.97 feet, said curve having a radius Thence, along the westerly right of land Land Reutilization Program’s of 1135.00 feet, a central angle of 02° northerly line, North 83° 31' 05" East, way of Lakeview Road N.E., North 09° 01' 04", and a chord of 39.97 feet which 24' 02" West, 7.35 feet to the True 16.46 feet; bears North 15° 03' 49" West to the Thence, leaving said northerly line, Point of Beginning for the easement point of beginning, herein described; South 12° 34' 33" East, 39.20 feet to the Containing within said bounds southerly line of said land conveyed Thence, leaving the westerly right 0.0208 acre (906 square feet) of land of way of Lakeview Road N.E South to the City of Cleveland Land Reuti- as surveyed by KS Associates, Inc. lization Program; 87° 56' 52" West, 129.78 feet to the under the supervision of Trevor A. westerly line of said Sublot No, 39; Thence, along the City of Cleveland Bixler, Professional Surveyor, No. Land Reutilization Program’s Thence, along the westerly line of 7730 in July, 2012. southerly line, South 80° 43' 22" West, said Sublot No. 39, North 00° 41' 54" Bearings are based on Ohio State 20.28 feet to the easterly right of way West, 42,77 feet to the northwest cor- Plane, North Zone NAD83(CORS) Grid of Linn Drive; ner of said Sublot No. 39; North. Thence, along the easterly right of Thence, along the northerly line of way of Linn Drive, along the arc of a said Sublot No. 39, North 88° 50' 50" curve which deflects to the right, DWIRS-P48-1 Permanent Easement East, 123.52 feet to the westerly right 39.97 feet, said curve having a radius Parcel No. 108-31-009 of way of Lakeview Road N.E.; of 1135.00 feet, a central angle of 02° Situated in the City of Cleveland, Thence, along the westerly right of 01' 04", and a chord of 39.97 feet which County of Cuyahoga and State of way of Lakeview Road N.E., South 09° bears North 06° 59' 34" West to the Ohio, and known as being part of 24' 02" East, 41.15 feet to the point of point of beginning. Sublot No. 39 in The Realty Under- beginning. Containing within said bounds writers Co’s Lake View Road Subdivi- Containing within said bounds 0.0168 acre (730 square feet) of land sion of part of Original One Hundred 0.1214 acres (5,290 square feet) of land as surveyed by KS Associates, Inc. Acre Lot No. 371 as recorded in Vol- as surveyed by KS Associates, Inc. under the supervision of Trevor A. ume 63, Page 30 of the Cuyahoga under the supervision of Trevor A. Bixler, Professional Surveyor, No. County Map Records. Also being part Bixler, Professional Surveyor, No. 7730 in July, 2012. of the land conveyed to the City of 7730 in July, 2012. Bearings are based on Ohio State Cleveland Land Reutlization Pro- Bearings are based on Ohio State Plane, North Zone NAD83(CORS) Grid gram as recorded in Instrument No. Plane, North Zone NAD83(CORS) Grid North. 200802280209 of the Cuyahoga County North. 1330 August 21, 2013 The City Record 19

DWIRS T66-1Temporary Easement Bearings are based on Ohio State said land conveyed to City of Cleve- PPN 108-31-015 Plane, North Zone NAD83(CORS) Grid land Land Reutilization Program, Situated in the City of Cleveland, North. said curve having a radius of 420.00 County of Cuyahoga and State of feet, a central angle of 07° 08' 48", and Ohio, and known as being Sublot No. DWIRS-T18-1 Temporary Easement a chord of 52.35 feet which bears 33 in The Realty Underwriters Co.’s Parcel No. 108-31-016 South 10° 38' 53" East, said point Lake View Road Subdivision of part Situated in the City of Cleveland, being the True Point of Beginning for of Original One Hundred Acre Lot No, County of Cuyahoga and State of the easement herein described; 371 as recorded in Volume 63, Page 30 Ohio, and known as being part of Thence, along City of Cleveland of the Cuyahoga County Map Records. Sublot No. 32 in The Realty Under- Land Reutilization Program’s Also being the land conveyed to the writers Co’s Lake View Road Subdivi- northerly line, North 89° 08' 56" East, City of Cleveland Land Reutilization sion of part of Original One Hundred 16.14 feet; Program as recorded in Instrument Acre Lot No. 371 as recorded in Vol- Thence, leaving City of Cleveland Na. 201207310119 of the Cuyahoga ume 63, Page 30 of the Cuyahoga Land Reutilization Program’s County Records, being more definite- County Map Records. Also being part northerly line, South 17° 49' 01" East, ly described as follows; of the land conveyed to the City of 16.86 feet; Beginning at the southwest corner Cleveland Land Reutilization Pro- Thence South 01° 27' 28" East, 35.43 of said Sublot No. 33, said point also gram as recorded in Instrument No. feet to the southerly line of said land being in the northerly right of way of 201012080084 of the Cuyahoga County conveyed to City of Cleveland Land Earle Avenue (50.00 feet wide); Records, being more definitely Reutilization Program; Thence, along the westerly line of described as follows; Thence, along City of Cleveland said Sublot No. 33, North 00° 41' 54" Commencing at the intersection of Land Reutilization Program’s West, 94.34 feet to the northwest cor- the northerly right of way of Earle southerly line, South 89° 04' 00" West, ner of said Sublot No. 33; Avenue (50 feet wide) and the easter- 18.95 feet to the easterly right of way Thence, along the northerly line of ly right of way of Linn Drive (60 feet of Linn Drive; said Sublet No, 33, North 88° 50' 50" wide), said point also being the south- Thence, along the easterly right of East, 39.98 feet to the northeast corner west corner of said Sublet No. 32; way of Linn Drive, North 00° 55' 48" of said Sublot No. 33; Thence, along the easterly right of West, 6.63 feet; Thence, along the easterly line of way of Linn Drive, North 00° 41' 54" Thence, continuing along the east- said Sublot No, 33, South 00° 41' 54" West, 26.44 feet to the True Point of erly right of way of Linn Drive, along East, 94.34 feet to the northerly right Beginning for the easement herein the arc of a curve which deflects to the left, 45.04 feet to the point of of way of Earle Avenue; described; beginning, said curve having a radius Thence, along the northerly right of Thence, continuing along the east- of 420.00 feet, a central angle of 06° way of Earle Avenue, South 88° 50' erly right of way of Linn Drive, North 08' 41", and a chord of 45.02 feet which 50" West, 39.98 feet to the point of 00°41'54" West, 67.90 feet to the north- bears North 04° 00' 08" West. beginning. west corner of said Sublet No. 32; Containing within said bounds Containing within said bounds Thence, along the northerly line of 0.0221 acres (963 square feet) of land 0,0866 acres (3,771 square feet) of land said Sublet No. 32, North 88° 50' 50" as surveyed by KS Associates, Inc. as surveyed by KS Associates, Inc. East, 39.98 feet to the northeast corner of said Sublot No. 32; under the supervision of Trevor A. under the supervision of Trevor A. Thence, along the easterly line of Bixler, Professional Surveyor, No. Bixler, Professional Surveyor, No. said Sublot No. 32, South 00° 41' 54" 7730 in August 2012. 7730 in August, 2012. East, 94.34 feet to the northerly right Bearings are based on Ohio State Bearings are based on Ohio State of way of Earle Avenue; Plane, North Zone NAD83(CORS) Grid Plane, North Zone NAD83(CORS) Grid Thence, along the northerly right of North. North. way of Earle Avenue, South 88° 50' 50" West, 16.02 feet; Thence, leaving DWIRS-T30-1 Temporary Easement DWIRS-P18-1 Permanent Easement the northerly right of way of Earle PPN 109-21-083 PPN 108-31-016 Avenue, North 00° 30' 09" West, 26.17 Situated in the City of Cleveland, Situated in the City of Cleveland, feet; Thence South 89° 29' 51" West, County of Cuyahoga and State of County of Cuyahoga and State of 24,05 feet to the point of beginning. Ohio, and known as being part of Ohio, and known as being part of Containing within said bounds Sublot Nos. 33 and 34 in John W. Sublot No. 32 in The Realty Under- 0.0721 acres (3,140 square feet) of and Walker’s Subdivision of part of Origi- writers Co’s Lake View Road Subdivi- as surveyed by KS Associates, Inc. nal One Hundred Acre Lot Nos. 371, sion of part of Original One Hundred under the supervision of Trevor A, 378 and 379 as recorded in Volume 71, Acre Lot No. 371 as recorded in Vol- Bixler, Professional Surveyor, No. Page 22 of the Cuyahoga County Map ume 63, Page 30 of the Cuyahoga 7730 in July, 2012. Records. Also being part of the land County Map Records. Also being part Bearings are based on Ohio State conveyed to City of Cleveland Land of the land conveyed to the City of Plane, North Zone NAD83(CORS) Grid Reutilization Program as recorded in Cleveland Land Reutilization Pro- North. Instrument No_ 200802280203 of the gram as recorded in Instrument No. Cuyahoga County Records, being 201012080084 of the Cuyahoga County DWIRS-P30-1 Permanent Easement more definitely described as follows; Records, being more definitely PPN 109-21-083 Commencing at the southwest cor- described as follows; Situated in the City of Cleveland, ner of Parcel “A” in Lot Split Plat as Beginning at the intersection of the County of Cuyahoga and State of recorded in Volume 288, Page 80 of the northerly right of way of Earle Ohio, and known as being part of Cuyahoga County Map Records, said Avenue (50 feet wide) and the easter- Sublot Nos. 33 and 34 in John W. point also being in the easterly right l y Walker’s Subdivision of part of Origi- of way of Linn Drive (60.00 feet right of way of Linn Drive (60 feet nal One Hundred Acre Lot Nos. 371, wide); wide), said point also being the south- 378 and 379 as recorded in Volume 71, Thence, along the easterly right of west corner of said Sublot No. 32; Page 22 of the Cuyahoga County Map way of Linn Drive, along the arc of a Thence along the easterly right of Records. Also being part of the land curve which deflects to the right, way of Linn Drive, North 00° 41' 54" conveyed to City of Cleveland Land 52,39 feet to the northwest corner of West, 26.44 feet; Thence, leaving said Reutilization Program as recorded in said land conveyed to City of Cleve- easterly right of way, North 89° 29' Instrument No. 200802280203 of the land Land Reutilization Program, 51" East, 24.05 feet: Cuyahoga County Records, being said curve having a radius of 420,00 Thence South 00° 30' 09" East, 26.17 more definitely described as follows; feet, a central angle of 07° 08' 48", and feet to the northerly right of way of Commencing at the southwest cor- a chord of 52.35 feet which bears Earle Avenue; ner of Parcel “A” in Lot Split Plat as South 10° 38' 53" East; Thence, along said northerly right recorded in Volume 288, Page 80 of the Thence, along City of Cleveland of way, South 88° 50' 50" West, 23.96 Cuyahoga County Map Records, said Land Reutilization Program’s feet to the point of beginning. point also being in the easterly right northerly line, North 89° 08' 56" East, Containing within said bounds of way of Linn Drive (60.00 feet 16.14 feet to the True Point of Begin- 0.0145 acres (631 square feet) of land wide); ning for the easement herein as surveyed by KS Associates, Inc. Thence, along the easterly right of described; under the supervision of Trevor A. way of Linn Drive, along the arc of a Thence, continuing along City of Bixler, Professional Surveyor, No. curve which deflects to the right, Cleveland Land Reutilization Pro- 7730 in July, 2012. 52.39 feet to the northwest corner of gram’s northerly line, North 89° 08' 1331 20 The City Record August 21, 2013

56" East, 220.75 feet to the northeast Section 4. That the duration of the Company, N.A., as trustee (the corner of said land conveyed to City temporary easements shall be until “Trustee”); and of Cleveland Land Reutilization Pro- they are no longer required by Whereas, this Council has deter- gram; NEORSD in conjunction with con- mined to authorize the issuance by Thence, along City of Cleveland structing the Sewer Project and the the City of Airport System Revenue Land Reutilization Program’s easter- duration of the permanent easements Bonds (“Bonds”) under the Trust ly line, South 06° 03' 39" East, 51.45 shall be perpetual until abandoned; Indenture for the purpose of improv- feet to the southeast corner of said that the easements may include rea- ing the facilities of the Airport Sys- land conveyed to City of Cleveland sonable rights of entry to the City; tem; and Land Reutilization Program; that the easements shall not be Whereas, this Ordinance consti- Thence, along City of Cleveland assignable without the consent of the tutes an emergency measure provid- Land Reutilization Program’s Director of Community Development; ing for the usual daily operation of southerly line, South 89° 04' 00" West, that the easements shall require that a municipal department and provid- 220.13 feet; the NEORSD indemnify the City, pro- ing for the immediate preservation Thence, leaving City of Cleveland vide reasonable insurance, maintain of the public peace, property, health Land Reutilization Program’s any NEORSD improvements located or safety in that authorizing the southerly line, North 01° 27' 28" West, within the easements, and pay any Bonds is necessary to fund contracts 35.43 feet; applicable taxes and assessments. for improvements to the Airport Sys- Thence North 17° 49' 01" West, 16.86 Section 5. That site restoration tem needed for the provision of air feet to the point of beginning. should include, at a minimum, final services to the public; now, there- Containing within said bounds grading to tie in with adjacent prop- fore, 0.2582 acres (11,246 square feet) of erties, castings for access into Be it ordained by the Council of and as surveyed by KS Associates, NEORSD subsurface structures, new the City of Cleveland: Inc. under the supervision of Trevor top soil and grass seeding for non- Section 1. Definitions. A. Bixler, Professional Surveyor, No. paved areas, and additional site In addition to the words and terms 7730 in August 2012. restorations features as may be mutu- defined in the Trust Indenture, the Bearings are based on Ohio State ally agreed upon. following words and terms shall have Plane, North Zone NAD83(CORS) Grid Section 6. That the conveyances the following meanings, unless the North. referred to above shall be made by context or use indicates a contrary official deeds of easement prepared meaning or intention. DWIRS-P60-1 Permanent Easement by the Director of Law and executed “Bond Purchase Agreement” means, PPN 110-22-009 by the Director of Community Devel- with respect to the Bonds, one or more Situated in the City of Cleveland, opment on behalf of the City of Cleve- Bond Purchase Agreements between County of Cuyahoga and State of land. The deeds of easement shall the City and the Original Purchasers Ohio, and known as being part of contain any additional terms and con- authorized in Section 5 of this Ordi- Sublot No. 5 in The Adams Realty ditions as are required to protect the nance. Company’s Parkway Subdivision No. interest of the City. The Directors of “Book–entry form” or “book–entry 1 of part of Original One Hundred Community Development and Law system” means a form or system, as Acre Lot No. 372 as recorded in Vol- are authorized to execute any other applicable, under which (a) the own- ume 54, Page 37 of the Cuyahoga documents, including without limita- ership of beneficial interests in Rev- County Map Records. Also being part tion, contracts for rights of entry, as enue Bonds and Bond service charges of the land conveyed to City of Cleve- may be necessary to effect the pur- may be transferred only through a land Land Reutilization Program as poses of this ordinance. book–entry, and (b) physical Rev- recorded in Instrument No. Section 7. That this ordinance is enue Bond certificates in fully regis- 201108180265 of the Cuyahoga County declared to be an emergency measure tered form are registered only in the Records, being more definitely name of a Depository or its nominee described as follows; and, provided it receives the affirma- tive vote of two-thirds of all the mem- as registered owner, with the physi- Beginning at the northwest corner cal Bond certificates “immobilized” in of said Sublot No. 5, said point also bers elected to Council, it shall take effect and be in force immediately the custody of the Depository. The being in the southerly right of way of book–entry system is maintained by Durant Avenue (50.00 feet wide); upon its passage and approval by the Mayor; otherwise it shall take effect and is the responsibility of the Depos- Thence, along the southerly right itory and not the City or the Trustee. of way of Durant Avenue, North 88° and be in force from and after the ear- liest period allowed by law. The book–entry is the record that 41' 43" East, 38.01 feet to the north- identifies, and records the transfer of Referred to Directors of Community east corner of said Sublot No. 5; the interest of, the owners of benefi- Development, City Planning Commis- Thence, along the easterly line of cial (book–entry) interests in the sion, Finance, Law; Committees on said Sublot No. 5, South 00° 51' 58" Revenue Bonds. Community and Economic Develop- East, 9.30 feet; “Certificate of Award” means one or ment, City Planning, Finance. Thence, leaving the easterly line of more certificates delivered by the said Sublot No. 5, North 89° 00' 21" Director of Finance pursuant to Sec- Ord. No. 1113-13. West, 38.03 feet to the westerly line of tion 5 of this Ordinance providing for By Council Members Keane, Cleve- said Sublet No. 5; the final terms of the Bonds of any Thence, along the westerly line of land and Kelley (by departmental series consistent with the require- said Sublot No. 5, North 00° 51' 58" request). ments of the Trust Indenture and this West, 7.78 feet to the point of begin- An emergency ordinance authoriz- Ordinance. ning. ing the issuance and sale by the city “Code” means the Internal Revenue Containing within said bounds of airport system revenue bonds in Code of 1986, as amended, including, 0.0075 acres (325 square feet) of land an aggregate principal amount not when appropriate, the statutory pre- as surveyed by KS Associates, Inc. to exceed one hundred million dol- decessor of the Code and all applica- under the supervision of Trevor A. lars ($100,000,000) to pay costs of ble Treasury regulations. Bixler, Professional Surveyor, No. improving the airport system; autho- “Credit Support Instrument” means 7730 in August 2012. rizing supplemental indentures and an insurance policy, surety, letter of Bearings are based on Ohio State other agreements related to the credit, standby bond purchase agree- Plane, North Zone NAD83(CORS) Grid bonds; and authorizing and approv- ment or other credit enhancement, North. ing related matters. support or liquidity device used to Section 2. That by and at the direc- Whereas, under authority of the enhance the security or liquidity of tion of the Board of Control, the Com- Constitution of the State of Ohio and any Revenue Bonds or any Hedge missioner of Purchases and Supplies the Charter of the City of Cleveland, Agreements. is authorized to convey the above- Ohio (the “City”), this Council has “Depository” means any securities described non-exclusive easements to by ordinance authorized the depository that is a clearing agency the NEORSD, subject to any condi- issuance of Revenue Bonds, from under federal law operating and tions stated in this ordinance, at a time to time, for the Airport System maintaining, with its participants or price to be determined by the Board of under the terms and security of the otherwise, a book-entry system to Control. Amended and Restated Trust Inden- record beneficial ownership of Rev- Section 3. That the easements shall ture (Seventeenth Supplemental enue Bonds or Bond service charges, be non-exclusive and the purpose of Trust Indenture), effective as of and to effect transfers of Revenue the easements shall be the construc- January 31, 2012 (the “Trust Inden- Bonds, in book-entry form, and tion and maintenance of the Sewer ture”), between the City and The includes and means initially The Project. Bank of New York Mellon Trust Depository Trust Company (a limited 1332 August 21, 2013 The City Record 21 purpose trust company), New York, “Taxable Bonds” means any Rev- necessary for the consummation of New York. enue Bonds the interest on which is the transactions contemplated by “Direct Payment” means a credit included in gross income for federal each Hedge Agreement. The autho- allowed under the Code with respect income tax purposes. rizations in this Section 3 are supple- to obligations that is payable to the “Tax–Exempt Bonds” means any mental to and not in derogation of any City by the U.S. Treasury. Revenue Bonds the interest on which authority provided by any other ordi- “Direct Payment Obligations” is excluded from gross income for fed- nance of this Council concerning means obligations the interest on eral income tax purposes. hedging arrangements. which is includible in gross income Section 2. Authorization of the Prior to entering into any Hedge for federal income tax purposes and Bonds. Agreement with respect to the Bonds with respect to which the City shall This Council authorizes the City to or any Credit Support Instrument have made an irrevocable election to issue the Bonds in one or more series with respect to such Hedge Agree- receive a Direct Payment. for the purpose of paying costs of the ment, the Director of Finance shall “Financial Advisor” means any Project. The principal amount of each determine, based on the written financial advisory firm or firms series of Bonds is to be the amount set advice of a Financial Advisor, that retained by the Director of Finance of forth in the Certificate of Award, sub- (a) the Hedge Agreement or Credit the City, from time to time, in connec- ject to the limitations set forth in Sec- Support Instrument with respect to tion with the Bonds or any Hedge tion 5, and determined by the Director such Hedge Agreement is (i) justified Agreement. of Finance, based on the written by the corresponding benefit to the “Hedge Agreement” has the mean- advice of a Financial Advisor, to be City, (ii) commercially reasonable ing given in Section 3 of this Ordi- the amount necessary, together with based on then-current market condi- nance. other funds available for the purpose tions, and (iii) in the City’s best inter- “Original Purchasers” means, with (i) to pay costs of the Project, includ- ests, and (b) the City will receive fair respect to each series of Bonds, the ing funding interest on the Bonds for value in return for entering into the financial institutions identified in the a temporary period, (ii) to fund any Hedge Agreement, considering, Certificate of Award for that series. deposit to the Bond Service Reserve among other things, the credit of the “Outstanding Revenue Bonds” Fund required under the Trust Inden- City’s Airport System, the credit of means Revenue Bonds issued and out- ture or any special reserve fund for the counterparty and the terms and standing, from time to time, under the that series separate from the Bond conditions of the Hedge Agreement. Trust Indenture, including without Service Reserve Fund, (iii) to fund To the extent that any amounts to be limitation any Revenue Bonds issued any deposit to the Renewal and paid by the City in connection with pursuant to this Ordinance. On the Replacement Fund required under any such Hedge Agreement or any date of introduction of this Ordinance, the Trust Indenture, (iv) to pay costs Credit Support Instrument with the Outstanding Revenue Bonds (and of any Credit Support Instruments, respect to such Hedge Agreement are the respective principal amounts then (v) to pay any amounts owed under not paid from proceeds of the Bonds, currently outstanding) consisted of Hedge Agreements, and (vi) to pay those amounts shall be paid from the following series of Airport System costs of issuing the Bonds. The pro- Fund Nos. 60 SF 001, 60 SF 104, 60 SF Revenue Bonds: Series 2000C ($149, ceeds from the sale of each series of 105, 60 SF 106 and 60 SF 141 and/or 000,000), Series 2006A ($107,750,000), Bonds shall be allocated, deposited passenger facility charges, as deter- Series 2006B ($5,965,000), Series 2007B and applied as provided in Section 6. mined by the Director of Finance ($9,095,000), Series 2008D ($5,975,000), Separate series of Bonds may be after consultation with the Director Series 2009A ($24,365,000), Series 2009B issued at the same or different times. of Port Control. ($10,240,000), Series 2009C ($131, The Bonds of each series shall be des- The Director of Finance shall nego- 725,000), Series 2009D ($38,875,000), ignated as provided in the applicable tiate the terms of each Hedge Agree- Series 2011A ($71,505,000), Series 2012A Certificate of Award. A separate Cer- ment. The Director of Finance shall ($235,150,000) and Series 2013A tificate of Award and a separate Sup- determine the terms and conditions of ($58,000,000). plemental Indenture may be deliv- the Hedge Agreement, including “Project” means improvements to ered for each series. The Bonds shall without limitation, the time or times the Airport System including: (i) the constitute Revenue Bonds for all pur- and procedures for the exercise by the acquisition, construction, installation poses of the Trust Indenture. counterparty or the City, as the case or equipping of public parking This Council finds and determines may be, of any option under the improvements at or related to Cleve- that the issuance of the Bonds for the Hedge Agreement, whether the oblig- land Hopkins International Airport, purpose provided in this Ordinance ations of the City under the Hedge including the acquisition of any inter- serves a proper, public, municipal pur- Agreement shall be secured by a Cred- ests in real property necessary there- pose by providing, maintaining and it Support Instrument, and the rates for, related design, planning, environ- improving air travel facilities serv- to be paid by the counterparty to the mental studies, environmental reme- ing the people of the City of Cleve- City or by the City to the counterparty diation and regulatory compliance land, thereby increasing and promot- under the Hedge Agreement in the costs, site preparation, construction ing commerce by providing necessary event of the exercise of the option. management services, and appur- transportation for individuals and The approval of each interest rate tenant improvements; and (ii) such commercial enterprises purchasing hedge transaction by the Director of additional or different improvements and selling services and products in Finance shall be conclusively evi- to the Airport System as the Director northeastern Ohio, and creating and denced by the signing and delivery of of Port Control deems necessary, pro- preserving jobs and employment the applicable Hedge Agreement by vided that all conditions for the inclu- opportunities in the City and improv- the Director of Finance. sion of the cost of any such improve- ing the economic welfare of the City. The Director of Finance is autho- ments in the calculation of Landing Section 3. Authorization of Hedging rized to enter into an amendment, Fees or Rentals under Section 8.07 of Arrangements. modification or novation of any the Use Agreements shall have been This Council finds that by engag- Hedge Agreement or any Credit Sup- met, and all requirements of the ing in interest rate hedging arrange- port Instrument securing a Hedge applicable Supplemental Indenture ments with respect to the Bonds the Agreement or to terminate any Hedge have been satisfied. City may reduce its cost of borrowing Agreement, in whole or in part, if the “Remarketing Agent” means a by optimizing the relative amounts of Director of Finance determines, financial institution performing the fixed and variable rate obligations, or based on the written advice of a duties of a remarketing agent under a minimizing the risk of variations in Financial Advisor, that (a) the Supplemental Indenture for variable its debt service costs, or obtaining amendment, modification, novation or rate Revenue Bonds. savings by confirming rates of inter- termination is (i) justified by the cor- “Revenue Bonds” means Outstand- est on the Bonds in advance of their responding benefit to the City, (ii) ing Revenue Bonds and any Addition- issuance. To permit the City to have commercially reasonable based on al Revenue Bonds issued under the the flexibility to undertake interest then-current market conditions, and Trust Indenture, including the Bonds. rate swap, swaption, rate cap, rate (iii) in the City’s best interests, and “Supplemental Indenture” means collar and other hedging transactions (b) the City received fair value in each Supplemental Trust Indenture from time to time, and to establish the return for entering into such amend- delivered to supplement the Trust procedures for approving those trans- ment, modification, novation or termi- Indenture, to further provide for the actions, this Council authorizes the nation, given the credit of the coun- terms and security of one or more signing and delivery of one or more terparty and the terms and conditions series of Revenue Bonds or to amend agreements (each, a “Hedge Agree- of the amendment, modification, the Trust Indenture. ment”) and any related agreements novation or termination. To the 1333 22 The City Record August 21, 2013 extent that any amounts to be paid by percent (25%) per year (including If any Depository determines not to the City in connection with any such any Bonds held by a provider of a continue to act as a Depository for the amendment, modification, novation or Credit Support Instrument). The Bonds of any series held in a termination are not paid from pro- Director of Finance may determine book–entry system, the Director of ceeds of the Bonds, those amounts that the terms of a variable rate Finance and the Trustee may attempt shall be paid from Fund Nos. 60 SF series of Bonds may or may not per- to establish a securities 001, 60 SF 104, 60 SF 105, 60 SF 106 and mit the holders to tender their vari- depository/book–entry relationship 60 SF 141 and/or passenger facility able rate Bonds for purchase by the with another qualified Depository. If charges, as determined by the Direc- City. If the Director of Finance desig- the Director of Finance and the tor of Finance after consultation with nates any series of Bonds as variable Trustee do not or are unable to do so, the Director of Port Control. rate Bonds, and if the Holders of that the Director of Finance and the The City’s obligations under any series of Bonds are to be entitled to Trustee, after making provision for Hedge Agreement shall be payable tender those Bonds for purchase, then notification of the beneficial owners from the Airport Revenues as defined the Director of Finance may also des- by the then Depository and any other in the Trust Indenture and may be ignate for those variable rate Bonds arrangements deemed necessary, payable also from other funds permit- (and may designate others, from time shall permit withdrawal of the Bonds ted by law to be used for the purpose, to time, in substitution therefor), the of any series from the Depository, and as identified by the Director of tender agent or agents (which may be authenticate and deliver registered Finance in the Hedge Agreement. the Trustee), the remarketing agent Bond certificates to the assigns of the Those payments may be secured by a or agents (which may be any of the Depository or its nominee, all at the pledge of Airport Revenues, to the Original Purchasers) and the calcula- cost and expense (including any costs extent permitted by the Trust Inden- tion agent or agents (which may be of printing), if the event is not the ture, all as determined by the Director any of the Original Purchasers or the result of action or inaction of the City, of Finance and set forth in the Hedge Trustee), which designations shall be of those persons requesting such Agreement. The obligation of the City based on the determination of the issuance. to make payments under any Hedge Director of Finance, based on the The Director of Finance is autho- Agreement does not and shall not rep- written advice of a Financial Advisor, rized to enter into any agreements resent or constitute a general obliga- that the parties so designated possess determined by the Director to be nec- tion, debt, bonded indebtedness or a the requisite resources and experi- essary in connection with the pledge of the faith and credit of the ence to provide the services required book–entry system for the Bonds, City or the State of Ohio. Nothing of them and that the terms on which after determining that those agree- gives any party to any Hedge Agree- the designated parties have agreed to ments will not endanger the funds or ment the right to have excises, ad val- provide such services are fair and securities of the City under the Trust orem or other taxes levied by the City commercially reasonable. Indenture (as evidenced by the Direc- or the State of Ohio for the payment of The Director of Finance is autho- tor’s signing of those agreements). any amounts due under any Hedge rized to enter into agreements with (c) Dates; Denominations. The Agreement. others in connection with the delivery Bonds of each series shall be dated as In the event the Director of Finance of the Bonds, and from time to time of the date or dates provided in the determines, based on the written thereafter so long as the Bonds are Certificate of Award for that series. advice of a Financial Advisor, that it outstanding, as may be determined by The Bonds of each series shall be is necessary to supplement or amend the Director of Finance to be neces- issued in the denominations permit- the Trust Indenture or a Supplemen- sary or appropriate to provide for (i) ted in the Supplemental Indenture for tal Indenture in connection with any the method of determining the vari- that series. Hedge Agreement or any amendment, able interest rates, (ii) the rights and (d) Interest and Place of Payment. modification, novation or termination procedures for tender, (iii) liquidity The Bonds of each series shall bear of any Hedge Agreement, then, sub- or credit support, (iv) repayment by interest at their respective interest ject to the requirements of Article the City of any amounts drawn under rates specified in the Certificate of XIII of the Trust Indenture, the the Credit Support Instrument, (v) Award (or, in the case of variable rate Bonds, determined pursuant to the Mayor and the Director of Finance the direct purchase of tendered Supplemental Indenture) for that are authorized to sign and deliver a Bonds, and (vi) other arrangements series. Bonds of the same series and Supplemental Indenture or amend- in the best interests of the City. The same maturity may bear interest at ment of an existing Supplemental Director of Finance is further autho- different interest rates. The Bonds of Indenture. rized to terminate any such agree- each series shall bear interest from Section 4. Terms of Bonds. ments if the Director of Finance determines, based on the written the most recent date to which interest The Bonds shall contain the terms advice of a Financial Advisor, that has been paid or duly provided for or, provided in or determined pursuant the City’s best interests will be served if no interest has been paid or duly to, the Trust Indenture, this Ordi- by such termination. The Director of provided for, from their date. The nance, the applicable Certificate of Finance is further authorized to enter principal and any redemption premi- Award and the applicable Supplemen- into agreements, from time to time so um and the interest payable on each tal Indenture. Each series of Bonds long as the variable rate Bonds are series of Bonds shall be payable at the may be secured by a separate Supple- outstanding, supplementing or times, to the persons and in the man- mental Indenture, or a single Supple- amending the applicable Supplemen- ner set forth in, or referenced by, the mental Indenture may secure more tal Indenture for a series of Bonds as Supplemental Indenture, including, than one series of Bonds. provided in Section 7. To the extent without limitation, provisions thereof (a) General. The Bonds may be that any fees and expenses associated permitting special arrangements for issued as obligations bearing interest with agreements entered into or ter- payments to the Depository. at fixed or variable rates. The Bonds minated pursuant to this Section are (e) Maturities. The Bonds of each may also be issued as obligations not paid from proceeds of the Bonds, series shall mature on the dates and under Federal or State programs that those fees and expenses shall be paid in the respective principal amounts provide for interest payment subsi- from Fund Nos. 60 SF 001, 60 SF 104, provided in the Certificate of Award, dies or other financial or credit sup- 60 SF 105, 60 SF 106 and 60 SF 141 consistent with this Ordinance and port. In the event that the Director of and/or passenger facility charges, as the Trust Indenture. Finance, based on the written advice determined by the Director of (f) Prior Redemption. The Bonds of of a Financial Advisor, determines Finance after consultation with the each series may be subject to redemp- that the City’s best interests will be Director of Port Control. tion prior to maturity at the option of served by a series of Bonds bearing (b) Form; Exchange and Transfer. the City, if and to the extent so pro- interest at variable interest rates, All Bonds shall be issued in fully reg- vided in the Certificate of Award for then provision shall be made in the istered form. The Bonds initially may that series. Any Bonds so determined Supplemental Indenture applicable to be delivered in book-entry only form, to be subject to optional redemption that series for the method and proce- registered in the name of the Deposi- and maturing by their stated terms dure by which the variable rate of tory or its nominee, as registered after the earliest optional redemption interest to be borne by the Bonds of owner, and immobilized in the cus- date shall be subject to redemption at that series shall be determined tody of the Depository, and not trans- the option of the City on or after the (whether by reference to a market ferable or exchangeable (except for earliest optional redemption date in index, by a remarketing agent or oth- transfer to another Depository or its whole or in part on the dates and at erwise); provided that no series of nominee) without further action by the redemption prices provided in the variable rate Bonds shall bear inter- the City pursuant to the provisions of Certificate of Award and in accor- est at a rate in excess of twenty–five the Trust Indenture. dance with the applicable Supplemen- 1334 August 21, 2013 The City Record 23 tal Indenture and the Trust Inden- tion, and the redemption price, which (i) to the payment of any providers ture. The Bonds may be subject to may be determined as a percentage of of any Credit Support Instrument, the mandatory redemption prior to matu- the principal amount redeemed or by fees and expenses required to be paid rity on the dates, or upon the occur- a formula intended to make the bond- by the City to obtain the Credit Sup- rence of events, and at the redemption holder whole for the loss of the invest- port Instrument; prices as determined and provided in ment resulting from the early redemp- (ii) to the Bond Service Fund, that the Certificate of Award and applica- tion or by other methodology; portion, if any, of the proceeds consti- ble Supplemental Indenture, includ- (e) the dates on which principal of tuting accrued interest; ing without limitation, mandatory the Bonds is to be paid, which shall be (iii) to the Bond Service Reserve sinking fund redemption of term not later than thirty (30) years from Fund, any proceeds to be deposited in bonds on each mandatory redemption their respective dates of issuance, that Fund in order to cause the bal- date in the aggregate amount of the with an identification of whether the ance therein to equal the Required sinking fund installment to be paid payment is due by stated maturity or Bond Service Reserve, subject to the on such mandatory redemption date. by mandatory sinking fund redemp- provisions set forth in Section 5 (i) of (g) Purchase in Lieu of Redemp- tion of Bonds of a particular maturity; this Ordinance for a lesser or special tion. The Bonds of each series may be (f) the interest rates to be borne by deposit; subject to purchase by the City in lieu Bonds bearing interest at a fixed rate, (iv) to the Renewal and Replace- of optional redemption if and to the the weighted average of which shall ment Fund, any proceeds to be extent provided in the Certificate of not exceed seven percent (7%) as to deposited in that Fund to cause the Award and the applicable Supplemen- Bonds of any series that are balance therein to equal the Renewal tal Indenture. Tax–Exempt Bonds or nine percent and Replacement Fund Requirement; (h) Signing. The Bonds shall be (9%) as to Bonds of any series that (v) to the counterparty under any signed by the Mayor and the Director are Taxable Bonds, or the method by Hedge Agreement, any payment of Finance, and approved as to form which the interest rate is to be deter- determined by the Director of by the Director of Law. Any or all of mined for Bonds bearing interest at Finance to be paid from the proceeds the signatures of those officials may variable rates, consistent with Sec- of the Bonds; be facsimiles. The Bonds shall bear tion 4; (vi) to the Costs of Issuance Fund, the corporate seal of the City or a fac- (g) the amount, if any, and source to be created under the applicable simile thereof. of any money to be deposited in the Supplemental Indenture, such (i) Numbering. The Bonds shall be Renewal and Replacement Fund in amounts as are needed to pay costs of numbered as determined by the Direc- order to cause the balance therein to issuing the Bonds; and tor of Finance. equal the Renewal and Replacement (vii) to the Construction Fund, the Section 5. Award and Sale of Bonds. Fund Requirement; balance of such proceeds. The Director of Finance shall sign (h) the title and series designation The proceeds from the sale of the and deliver a Certificate of Award for for the Bonds; Bonds are appropriated and shall be the Bonds. In the event the Bonds are (i) the amount, if any, and source of used for the purpose for which those issued in more than one series sold at any money to be deposited in the Bond Bonds are issued as provided in this different times, a separate Certificate Service Reserve Fund in order to Ordinance. of Award shall be signed and deliv- cause the balance therein to equal the Section 7. Authorization of Supple- ered for each separately delivered Required Bond Service Reserve, if mental Indentures and Amendments series. The sale of the Bonds shall be and to the extent required by the of Indenture. awarded to the Original Purchasers applicable Supplemental Indenture, In order to secure the payment of selected by the Director of Finance, the principal of and any premium and based on an evaluation of the qualifi- and any determination as to whether there shall be a special reserve fund interest on the Bonds, the Mayor, the cations of firms that have proposed to Director of Finance and the Director underwrite the Bonds, and shall be for the Bonds of any series, separate from the common Bond Service of Port Control, or any two of them, identified in the Certificate of Award. are authorized, in the name and on The Bonds may be sold by direct Reserve Fund, or a surety or insur- ance policy, bank letter or line of behalf of the City, to sign and deliver placement to one or more institutions to the Trustee, in trust for the Origi- purchasing Bonds for their own credit, or other form of credit or Cred- it Support Instrument enhancing the nal Purchasers and subsequent hold- account and not for resale or may be ers of the Bonds, one or more Supple- sold to financial institutions under- security for Bonds of that series in mental Indentures, approved as to writing the Bonds for sale to the pub- lieu of a funded reserve fund; form and correctness by the Director lic. Each Certificate of Award shall (j) the Paying Agent; and of Law, not inconsistent with this determine the following, based on the (k) whether any Bonds are to be Ordinance, the Certificate of Award written advice of a Financial Advisor, secured by or payable from a Credit and the Trust Indenture and not sub- consistent with this Ordinance and Support Instrument. stantially adverse to the City as may the Trust Indenture: It is determined that the terms of be approved by the officers signing (a) the principal amount of Bonds the Bonds as so determined within the the same on behalf of the City. The issued; provided that the aggregate limitations set forth in this Ordinance determination by those officers that a principal amount of Bonds issued in and as so specified and set forth in the one or more series under this Ordi- Certificate of Award will be in the Supplemental Indenture is not sub- nance shall not exceed One Hundred best interests of the City and consis- stantially adverse to the City shall be Million Dollars ($100,000,000); tent with all legal requirements. conclusively evidenced by the sign- (b) the purchase price to be paid to The Director of Finance may enter ing and delivery of that Supplemental the City by those Original Pur- into one or more Bond Purchase Indenture by those officers. Subject to chasers, which amount shall be not Agreements with the Original Pur- the requirements of Article XIII of less than: (i) 97% of the amount deter- chasers of Bonds setting forth the the Trust Indenture, any Supplemen- mined by adding to the aggregate conditions for delivery of the Bonds tal Indenture may contain amend- principal amount of the Bonds any that are consistent with this Ordi- ments to the Trust Indenture to per- aggregate original issue premium nance, the Certificate of Award, and mit the City increased flexibility for and subtracting from that amount the Trust Indenture and applicable the use of financial or credit struc- any aggregate original issue dis- Supplemental Indenture and that are tures and techniques determined by count, plus (ii) any accrued interest determined by the Director of the Director of Finance, based on the on the Bonds from their date to the Finance, based on the written advice written advice of a Financial Advisor, date of their delivery to the Original of a Financial Advisor, to be custom- to be in the best interests of the City. Purchasers; ary for airport revenue bonds issued Section 8. Credit Support Instru- (c) whether the Bonds are to be by governmental entities, including, ments. The Director of Finance is Tax-Exempt Bonds or Taxable Bonds without limitation, representations as authorized to contract from time to and, if the Bonds are Taxable Bonds, to the accuracy and completeness of time for one or more Credit Support whether or not they are Direct Pay- information contained in any Official Instruments for any series of the ment Obligations or subject to anoth- Statement of the City described in Sec- Bonds or any Hedge Agreement if the er Federal or State program provid- tion 11. Director determines, based on the ing financial or credit support; Section 6. Application of Proceeds written advice of a Financial Advisor, (d) whether any Bonds are to be of Bonds. that the Credit Support Instruments subject to redemption prior to maturi- The proceeds from the sale of the will result in savings to the City, will ty, and, if so, the redemption date or Bonds shall be applied as provided in stabilize interest rates or minimize dates or the event causing those the applicable Supplemental Inden- the risk of increased interest expense Bonds to be subject to prior redemp- ture, including: or increased risks, burdens, or other 1335 24 The City Record August 21, 2013 costs associated with hedging (i) it will use, and will restrict the deliver such instruments, certificates arrangements or relating to the use and investment of, the proceeds of and documents as are necessary or Bonds or reserve requirements. The the Bonds in such manner and to such appropriate to consummate the trans- Director of Finance is further autho- extent as may be necessary so that actions authorized by this Ordinance, rized to agree to the amendment, the Bonds will qualify as Direct Pay- the Bond Purchase Agreements, the replacement, assignment or termina- ment Obligations under the applica- Supplemental Indentures, the Trust tion of any Credit Support Instrument ble provisions of the Code. Indenture and the Hedge Agree- if the Director of Finance determines, (ii) it further covenants that (A) it ments. based on the written advice of a will take or cause to be taken such The Director of Finance, the Direc- Financial Advisor, that the City’s best actions that may be required of it for tor of Port Control, the Director of interests will be served by such the Bonds to be and remain Direct Law and other City officials, as appro- amendment, replacement, assignment Payment Obligations, (B) it will not priate under the Charter, are autho- or termination. In the event the Direc- take or authorize to be taken any rized to make the necessary arrange- tor of Finance determines, based on actions that would adversely affect ments on behalf of the City to estab- the written advice of a Financial that status, and (C) it, or persons act- lish the date, location, procedure and Advisor, that it is necessary to sup- ing for it, will, among other acts of conditions for the delivery of each plement or amend the Trust Inden- compliance, (1) apply or cause the series of Bonds to the Original Pur- ture or a Supplemental Indenture in application of the proceeds of the chasers and to take all actions neces- order to permit the use of, or to Bonds to the governmental purpose of sary to effect due signing, authentica- amend, replace, assign or terminate, a the borrowing, (2) restrict yield on tion and delivery of each series of Credit Support Instrument, the Mayor investment property, (3) make timely Bonds under the terms of this Ordi- and the Director of Finance are autho- and adequate payments to the federal nance, the Supplemental Indentures, rized to sign and deliver a Supple- government, (4) maintain books and the Bond Purchase Agreements and mental Indenture amending the Trust records and make calculations and the Trust Indenture. The Clerk of Indenture or an amendment of a Sup- reports and (5) refrain from certain Council or other officials of the City plemental Indenture, approved as to uses of those proceeds, and, as applic- as appropriate under the Charter form and correctness by the Director able, of property financed with such shall furnish the Original Purchasers of Law. The cost of obtaining, amend- proceeds, all in such manner and to a true transcript of proceedings certi- ing, replacing, assigning or terminat- the extent necessary to assure such fied by the Clerk or other official, of ing each Credit Support Instrument, tax status. all proceedings had with reference to except to the extent paid from pro- (c) Further Actions. The Director the issuance of the Bonds along with ceeds of the Bonds or otherwise, shall of Finance, or any other officer of the such information for the records as is be paid from Fund Nos. 60 SF 001, 60 City having responsibility for necessary to determine the regularity and validity of the issuance of the SF 104, 60 SF 105, 60 SF 106 and 60 SF issuance of the Bonds, is hereby Bonds. 141 and/or passenger facility authorized (a) to make or effect any Section 11. Official Statements; Con- charges, as determined by the Direc- election, selection, designation, tinuing Disclosure. tor of Finance after consultation with choice, consent, approval, or waiver The Mayor, the Director of Finance, the Director of Port Control. on behalf of the City with respect to the Director of Port Control and other Section 9. Tax Covenants. the Bonds as the City is permitted or City officials as appropriate under (a) Tax–Exempt Bonds. With required to make or give under the the Charter, are and each is autho- respect to any series of Bonds that are federal income tax laws, including, rized on behalf of the City to (i) pre- to be issued and sold as Tax–Exempt without limitation thereto, the elec- pare or cause to be prepared, and Bonds, the City covenants that: tion to issue a series of Bonds as make or authorize modifications, (i) it will use, and will restrict the Direct Payment Obligations, any of completions or changes of or supple- use and investment of, the proceeds of the elections provided for in or avail- ments to, disclosure documents in the the Tax–Exempt Bonds in such man- able under the Code for the purpose of form of a preliminary official state- ner and to such extent as may be nec- assuring, enhancing or protecting the ment relating to the issuance of the essary so that (a) the interest on the favorable tax treatment or status of Bonds of one or more series, and (ii) Tax–Exempt Bonds will be excluded the Bonds or interest thereon or enti- determine, and certify or otherwise from gross income for federal income tlement to Direct Payments relating represent, when each preliminary tax purposes, and (b) in the case of thereto, or assisting compliance with official statement as so prepared is a any Tax–Exempt Bonds qualifying as requirements for that purpose, reduc- “deemed final” official statement bonds, the interest on which is not ing the burden or expense of such (except for permitted omissions) by treated as an item of tax preference compliance, reducing the rebate the City as of its date for purposes of under Section 57 of the Code amount or payments of penalties, or Securities and Exchange Commission (“Non–AMT Bonds”), such making payments of special amounts (“SEC”) Rule 15c2–12(b)(1). The dis- Tax–Exempt Bonds will be treated as in lieu of making computations to tribution and use of one or more pre- Non–AMT Bonds. determine, or paying, excess earnings liminary official statements is hereby (ii) (A) it will take or cause to be as rebate, or obviating those amounts authorized and approved. taken such actions that may be or payments, as determined by that Each of those officers is also autho- required of it for the interest on the officer, which action shall be in writ- ing and signed by the officer, (b) to rized, on behalf of the City and in Tax–Exempt Bonds to be and to their official capacities, to complete remain excluded from gross income take any and all other actions, make or obtain calculations, make pay- each preliminary official statement for federal income tax purposes, (B) with such modifications, changes and ments, and make or give reports, it will not take or authorize to be supplements as those officers shall covenants and certifications of and on taken any actions that would adverse- approve or authorize for the purpose behalf of the City, as may be appro- ly affect that exclusion, and (C) it, or of preparing and determining, and to priate to assure the exclusion of inter- persons acting for it, will, among certify or otherwise represent, that est from gross income and the intend- other acts of compliance, (1) apply the official statement as so revised is ed tax status of the Bonds and the the proceeds of the Tax–Exempt a final official statement for purposes Bonds to the governmental purposes City’s entitlement to receive Direct of SEC Rule 15c2–12(b) (3) and (4). of the borrowing, (2) restrict the yield Payments, and (c) to give one or more Each of those officers is further on investment property, (3) make appropriate certificates of the City, authorized to use and distribute, or timely and adequate payments to the for inclusion in the transcript of pro- authorize the use and distribution of, federal government, (4) maintain ceedings for the Bonds, setting forth one or more final official statements books and records and make calcula- the reasonable expectations of the and supplements thereto in connec- tions and reports, and (5) refrain City regarding the amount and use of tion with the original issuance of the from certain uses of those proceeds all the proceeds of the Bonds, the Bonds as may, in their judgment, be and, as applicable, of property facts, circumstances and estimates on necessary or appropriate. Each of financed with such proceeds, all in which they are based, and other facts those officers is further authorized to such manner and to the extent neces- and circumstances relevant to the tax sign and deliver, on behalf of the City sary to assure such exclusion of that treatment of the interest on and the and in their official capacities, each interest under the Code. tax status of the Bonds. final official statement and such cer- (b) Direct Payment Obligations. Section 10. Additional Documents. tificates in connection with the accu- With respect to any series of Bonds The Mayor, the Director of Finance, racy of each preliminary official that is to be issued and sold as Direct the Director of Port Control and other statement and each final official Payment Obligations, the City City officials as appropriate under statement and any amendments covenants that: the Charter are authorized to sign and thereto as may, in their judgment, 1336 August 21, 2013 The City Record 25 also be necessary or appropriate. The same terms and conditions set forth in any of the determinations required by Director of Finance is authorized to Section 4. In the event the Director of this Ordinance to be determined by contract for services for the produc- Finance determines that it is neces- the Director of Finance or to negoti- tion and distribution of preliminary sary to supplement or amend the ate any Hedge Agreements. The and final official statements, includ- Trust Indenture or the Supplemental Director of Finance may rely on the ing by printed and electronic means. Indenture in order to address current written advice of any Financial Advi- For the benefit of the holders and market conditions or to permit the use sor so retained. The Director of Port beneficial owners from time to time of of a Credit Support Instrument or to Control may obtain the services of the Bonds, the City agrees, in accor- otherwise obtain financing arrange- one or more feasibility consultants, dance with, and as an obligated per- ments advantageous to the City, the from time to time, to provide reports son with respect to the Bonds under, Director of Finance is authorized to in connection with the issuance and SEC Rule 15c2–12, to provide or cause sign and deliver an amendment of the sale of any Bonds or the delivery of to be provided such financial informa- Trust Indenture or Supplemental any Hedge Agreements concerning tion and operating data and notices, Indenture, or an amended and restat- the utilization and operation of the in such manner, as may be required ed Trust Indenture or Supplemental Airport System, debt service cover- for purposes of SEC Rule 15c2–12. In Indenture. The costs of any remarket- age, rates and charges or other mat- order to describe and specify certain ing of the series of Bonds may be ters. Any Financial Advisor or consul- terms of the City’s continuing disclo- paid, as determined by the Director of tant employed under the authority of sure agreement for that purpose, and Finance, from remarketing proceeds, this Ordinance shall be disinterested thereby to implement that agreement, or from other money lawfully avail- in the transaction and be independent including provisions for enforcement, able for that purpose. The Director of of the underwriters or counterparties amendment and termination, the Finance is authorized to prepare or and any other party interested in the Director of Finance and the Director authorize to be prepared one or more transaction. of Port Control are authorized to pre- disclosure documents in connection Section 15. Appointment of Succes- pare, or cause to be prepared, and to with any remarketing under the same sor Trustee. sign and deliver, in the name and on terms and conditions as set forth in The Director of Finance is hereby Section 11 of this Ordinance with behalf of the City, a continuing dis- authorized to appoint a successor respect to the Bonds. The Mayor, closure agreement or certificate, Trustee in the event that the current Director of Finance, Director of Port which shall constitute the continuing Trustee, The Bank of New York Mel- Control and other City officials, as disclosure agreement made by the lon Trust Company, N.A., shall resign appropriate under the Charter, are City for the benefit of the holders and or be removed, or be dissolved or oth- authorized to sign and deliver such beneficial owners of the Bonds in erwise become incapable of acting as instruments, certificates and docu- accordance with SEC Rule 15c2–12. Trustee under the Trust Indenture, or ments as are necessary or appropriate The performance of that agreement in case it shall be taken under the con- to consummate the transactions shall be subject to the availability of trol of any public officer or officers or funds and their annual appropriation authorized by this Section. The Mayor, Director of Finance, Director of a receiver appointed by a court, in to meet costs the City would be of Port Control and other City offi- accordance with the provisions of Sec- required to incur to perform it. cials, as appropriate under the Char- tion 12.08 of the Trust Indenture. Section 12. Conversion and Remar- ter, are each authorized to make the Section 16. Authorization and keting or Refunding of Variable Rate necessary arrangements on behalf of Requirement of Declarations of Offi- Bonds. the City to establish the date, loca- cial Intent. In the event that any series of tion, procedure and conditions for the The Director of Finance, in consul- Bonds are issued as variable rate remarketing of any series of Bonds tation with the Director of Port Con- obligations and the Director of and to take all actions necessary to trol, is authorized to prepare and sign Finance determines that it is advan- effect the remarketing of any series declarations of official intent in the tageous to the City to convert the of Bonds under the terms of this Ordi- form required by United States Trea- interest on such series of Bonds from nance and the Supplemental Inden- sury Regulations §1.150-2 (the “Reim- variable rates to fixed interest rates ture. The Clerk of Council or other bursement Regulations”) with for a period of time or to maturity, or appropriate official of the City shall respect to original expenditures to to convert the interest on any series of furnish the Original Purchaser a true which the Reimbursement Regula- Bonds bearing interest at a variable transcript of proceedings certified by tions apply, to be made from money rate to a different variable rate period such officers of the City as may be temporarily advanced for improve- or mode, or to terminate or take other appropriate of all proceedings had ments to the Airport System and that actions with respect to any existing with reference to the conversion and is reasonably expected to be reim- Credit Support Instrument that will remarketing of any series of Bonds. bursed from the proceeds of Tax- require a tender and remarketing of Section 13. Lien of Pledge. Exempt Bonds or other obligations; to any series of Bonds (such conversion The Airport Revenues are subject make appropriate reimbursement and or other actions and the tender and to the lien of the pledge under the timely allocations from the proceeds remarketing being collectively of the Tax-Exempt Bonds or other referred to in this Section as “remar- Trust Indenture without any physical obligations to reimburse such origi- keting”), the City shall undertake the delivery of the Airport Revenues or nal expenditures; and to take any remarketing in accordance with the further act, and the lien of such other actions as may be appropriate, applicable Supplemental Indenture. pledge is valid and binding against all at the times and in the ma The City may enter into an agreement all parties having claims of any kind nner with one or more purchasers for their against the City (irrespective of required under the Reimbursement direct purchase of a series of Bonds in whether such parties have notice of Regulations in order for the reim- lieu of a public remarketing of those such pledge and create a perfected bursement to be treated as an expen- Bonds by a remarketing agent. In the security interest for all purposes of diture of such proceeds for purposes event that the interest rate on all of Chapter 1309, Ohio Revised Code) of Sections 103 and 141 to 150 of the the Bonds of a series is to be convert- without the necessity for separation Code. No advance from any fund or ed from variable rates to fixed rates of delivery of the Airport Revenues or account or order for payment may be of interest to the final maturity of for the filing or recording of the Trust made for original expenditures (other that series of Bonds, the remarketing Indenture or any other resolution or than expenditures excepted from may be undertaken as a refunding instrument by which such pledge is such requirement under the Reim- transaction with the refunding Bonds created or any certificate, statement bursement Regulations) that are to having the terms provided in this or other document with respect to be reimbursed subsequently from pro- Ordinance for the series of Bonds. such pledge. The pledge of the Air- ceeds of Tax-Exempt Bonds or other In connection with any remarket- port Revenues under the Trust Inden- obligations, unless a declaration of ing of a series of Bonds, the Director ture shall be effective and the money official intent with respect thereto is of Finance is authorized to obtain one therefrom and thereof may be applied made within the time required by the or more Credit Support Instruments if to the purposes for which pledged Reimbursement Regulations. the Director of Finance determines without necessity for any further act Section 17. Open Meeting Determi- that the Credit Support Instrument of appropriation. nation. will facilitate the remarketing of that Section 14. Financial Advisors and It is found and determined that all series of Bonds, and to enter into Consultants. formal actions of the Council concern- agreements with tender agents, The Director of Finance may obtain ing and relating to the adoption of administrative agents, remarketing the services of one or more Financial this Ordinance were adopted in an agents, dealers and others, and to ter- Advisors, from time to time, to assist open meeting of the Council, and that minate such agreements, under the the Director of Finance in making all deliberations of the Council and of 1337 26 The City Record August 21, 2013 any of its committees that resulted in Whereas, Airport Fast Park is from the operation of the subject such formal action were in meetings located at 18899 Snow Road and properties. open to the public in compliance with Park Place is located at 18951 Snow Section 7. That all costs of acquisi- all applicable legal requirements. Road, both in Brook Park, Ohio; and tion shall be paid from Fund Nos. 60 Section 18. Separability. Whereas, the City of Cleveland SF 001, 60 SF 104, 60 SF 105, 60 SF 106, Each section of this Ordinance and desires to enter into one or more 60 SF 112, 60 SF 114, 60 SF 115, 60 SF each subdivision of any section is purchase agreements with CP-Snow 116, 60 SF 117, 60 SF 119, 60 SF 121, 60 declared to be independent, and the Properties, LLC and CP-Cleveland SF 122, 60 SF 126, 60 SF 128, 60 SF 129, finding or holding of any section or Holdings, LLC, or their designee; 60 SF 130, 60 SF 141, 60 SF 160, and subdivision of any section to be and from the fund or funds to which are invalid or void shall not be deemed or Whereas, under the purchase credited any grants or any passenger held to affect the validity of any other agreements, the City will acquire facility charges if authorized for this section or subdivision of this Ordi- the business’ assets, including but purpose and from the fund or funds to nance. not limited to, inventories, plants, which are credited the proceeds of the Section 19. Recitals. properties, and equipment, and also sale of future airport revenue bonds It is determined and recited that all assume all applicable operating con- issued for this purpose, Request No. acts, conditions and things necessary tracts, leases, licenses, and permits RQS 3001, RL 2013-129. to be done precedent to and in the associated with both companies; and Section 8. That this ordinance is declared to be an emergency measure issuing of the Bonds in order to make Whereas, under the purchase and, provided it receives the affirma- them legal, valid and binding special agreements, the City will agree to tive vote of two-thirds of all the mem- obligations issued by the City of enter into a Parking Management bers elected to Council, it shall take Cleveland, Ohio will have happened, Agreement with Parking Company effect and be in force immediately been done and performed or will hap- of America, or their designee, to upon its passage and approval by the pen, be done and performed in regular manage, operate, and maintain the Mayor; otherwise it shall take effect and due form as required by law; and properties; and and be in force from and after the ear- that no limitation of indebtedness or Whereas, this ordinance consti- liest period allowed by law. taxation, either statutory or constitu- tutes an emergency measure provid- Referred to Directors of Port Con- tional, is applicable to the issuance of ing for the usual daily operation of trol, City Planning Commission, the Bonds. a municipal department; now, there- Finance, Law; Committees on Avia- Section 20. Sunset of Authorization. fore, tion and Transportation, City Plan- The authority granted by Section 2 Be it ordained by the Council of ning, Finance. of this Ordinance to issue Bonds shall the City of Cleveland: expire three years from the effective Section 1. That, notwithstanding Ord. No. 1115-13. date of this Ordinance. If a prelimi- and as an exception to any section of By Council Member Brancatelli. nary official statement is distributed the Codified Ordinances of Cleveland, An emergency ordinance to amend or a commitment for a direct place- Ohio, 1976, the Director of Port Con- Section 365.01 of the Codified Ordi- ment is signed with respect to the trol is authorized to enter into a pur- nances of Cleveland, Ohio, 1976, as issuance of a series of Bonds under chase agreement with CP-Snow Prop- amended by Ordinance No. 1027-04, the authority of this Ordinance at any erties, LLC and CP-Cleveland Hold- passed August 11, 2004, requiring time within the three–year period fol- ings, LLC, or their designee, for the that in order to rent and register a lowing its effective date, then the purchase of the business assets of Air- residential unit there shall be no authority granted by this Ordinance port Fast Park located at 18899 Snow delinquent property taxes or delin- shall not expire as to that series of Road and Park Place located at 18951 quent charges owed to the City Bonds. The Director of Finance shall Snow Road, including but not limited related to such property. notify the Chairman of the Finance to, inventories, plants, properties, and Whereas, there are numerous res- Committee and the Clerk of this Coun- equipment, and also assume all idential rental units in the City of applicable operating contracts, leas- cil of the initiation of the issuance of Cleveland with respect to which es, licenses, and permits associated any Bonds under the authority of this there are delinquencies in the pay- with both companies. Ordinance. ment of property taxes and/or past Section 2. That the terms of the pur- Section 21. Emergency. due charges; and chase agreement shall include, but This ordinance is declared to be an Whereas, certain residential land- not be limited to, an upfront payment emergency measure and, provided it lords rent their residential units of approximately $56.7 million to take receives the affirmative vote of without payment of property taxes out existing lien positions; and rev- two–thirds of all the members elected and/or past due charges until such enue-sharing equal to 20% of net cash to Council, it shall take effect and be time as such residential units go flow to the sellers beginning in Janu- into foreclosure; and in force immediately upon its adop- ary 2016. tion and approval by the Mayor; oth- Whereas, this ordinance consti- Section 3. That notwithstanding tutes an emergency measure provid- erwise, it shall take effect and be in and as an exception to the provisions force from and after the earliest peri- ing for the usual daily operation of of Chapter 181 and 183 of the Codified a municipal department; now, there- od allowed by law. Ordinances of Cleveland, Ohio, 1976, Referred to Directors of Port Con- fore, the Commissioner of Purchases and Be it ordained by the Council of trol, City Planning Commission, Supplies is authorized to purchase Finance, Law; Committees on Avia- the City of Cleveland: Airport Fast Park at 18899 Snow Road Section 1. That Section 365.01 of the tion and Transportation, City Plan- and Park Place at 18951 Snow Road, ning, Finance. Codified Ordinances of Cleveland, in Brook Park, Ohio, for future eco- Ohio 1976, as amended by Ordinance nomic advantage. No. 1027-04, passed August 11, 2004 is Ord. No. 1114-13. Section 4. That the Director of Port amended as follows: By Council Members Keane, Cleve- Control is authorized to execute on land and Kelley (by departmental behalf of the City of Cleveland all nec- Section 365.01 Certificate of Rental request). essary documents to acquire and Registration Required An emergency ordinance authoriz- record the properties and to employ (a) For purposes of this chapter, a ing the Director of Port Control to and pay all fees for title companies, enter into one or more purchase surveys, escrows, appraisers, environ- residential unit is defined as any part agreements with CP-Snow Proper- mental audits, and all other costs nec- of a building being used as an indi- ties, LLC and CP-Cleveland Hold- essary for the acquisition of the prop- vidual’s private residence. An owner, ings, LLC, or their designee; autho- erties. (legal, equitable or otherwise), agent rizing the Commissioner of Pur- Section 5. That the consideration to or person in charge of any residential chases and Supplies to purchase be paid for the properties shall not unit, used or designed or intended to properties located at 18899 Snow exceed fair market value as deter- be used as a residential unit, located Road and 18951 Snow Road, both mined by the Board of Control. within the City of Cleveland, shall not located in Brook Park, Ohio, for the Section 6. That the Director of Port rent or lease those units, or any part Department of Port Control; and Control is authorized to enter into a of those units, for residential occu- authorizing the Director of Port Parking Management Agreement pancy unless the owner obtains a cer- Control to enter into a Parking Man- with Parking Company of America, or tificate of rental registration issued agement Agreement with Parking their designee, to manage, operate, by the Commissioner of Building and Company of America, or their and maintain the two off-airport park- Housing for that structure or units. designee, to manage, operate, and ing facilities for a period of ten years, (b) If the owner of a residential maintain the two off-airport parking payable from the fund or funds to unit rents or leases a residential unit facilities for a period of ten years. which will be credited the proceeds or any part of it, without obtaining a 1338 August 21, 2013 The City Record 27

Certificate of Rental Registration, ing for the usual daily operation of The members shall select a Chair- the owner is in violation of this chap- a municipal department; now, there- person and a Vice-Chairperson to ter. If the owner leases or rents more fore, serve for two (2) year terms. The than one (1) residential unit without Be it ordained by the Council of Chairperson shall only vote to break a obtaining a Certificate of Rental Reg- the City of Cleveland: tie. The members shall serve without istration, each residential unit rented Section 1. That Section 161.03 of the compensation. or leased without a Certificate of Codified Ordinances of Cleveland, Rental Registration is a separate vio- Ohio 1976, as amended by Ordinance Section 161.06 Powers and Duties of lation. No. 3143-83, passed June 18, 1986, and Commission (c) In order for any residential unit Section 161.06, as amended by Ordi- The Commission shall have the fol- lowing powers and duties in addition to be eligible for rental and registra- nance No. 339-73, passed March 12, to those otherwise specified in this tion as a rental unit in the City of 1973, are amended as follows: chapter: Cleveland, there shall be no delin- (a) The Commission shall conduct quent property taxes or delinquent Section 161.03 Landmarks Commis- a continuing survey of all areas, charges due and owing to the City of sion, Composition and Terms places, buildings, structures, works Cleveland with respect to such prop- There is hereby created the Cleve- of art or similar objects in the City erty. If the owner of a residential unit land Landmarks Commission. The which the Commission, on the basis of rents or leases a residential unit or Commission shall consist of eleven information available or presented to any part of it for any period of time (11) members, seven (7) of whom it, has reason to believe are or will be during which there are delinquent shall be appointed by the Mayor, sub- eligible for designation as landmarks property taxes or delinquent charges ject to the confirmation of Council. or landmark districts; due and owing with respect to such The remaining members shall be the (b) The Commission shall work for property, the owner is in violation of Commissioner of Architecture, or his the continuing education of the citi- this chapter. For purposes of this sec- or her designee, the Director of the zens of the City with respect to the historic and architectural heritage of tion, a property tax is defined as any City Planning Commission, or his or her designee, who shall act as Secre- the City and the landmarks and land- ad valorem tax assessed against the mark districts designated under the tary of the Landmarks Commission property and recorded by the County provisions of this chapter. It shall of Cuyahoga, Ohio. and two (2) members appointed by keep current and publish a register of Section 2. That existing Section the Council President to serve during landmarks and landmark districts; 365.01 of the Codified Ordinances of the term of such Council. Members to (c) The Commission shall have Cleveland, Ohio 1976, as amended by be appointed by the Mayor shall be authority to establish, within the spir- Ordinance No. 1027-04, passed August chosen from nominations made by the it and purposes of this chapter, crite- 11, 2004 is repealed. Western Reserve Historical Society, ria, rules and regulations for evaluat- Section 3. That this ordinance is the Cleveland Chapter of the Ameri- ing applications for certificates of declared to be an emergency measure can Institute of Architects and the appropriateness submitted to it and and, provided it receives the affirma- Early Settlers Association. At least the manner in which they shall be tive vote of two-thirds of all the mem- one (1) member shall be an owner of processed. The Commission shall noti- bers elected to Council, it shall take commercial or industrial real proper- fy the Mayor and City Council of any proposed rule changes prior to voting effect and be in force immediately ty; at least one (1) member shall be a on such rule changes; upon its passage and approval by the registered architect; at least one (1) member shall be a historian qualified (d) The Commission may accept the Mayor; otherwise it shall take effect services on a permanent or part-time in the field of historic preservation; at and be in force from and after the ear- basis of technical experts and such least one (1) member shall be a liest period allowed by law. other persons as may be required to Referred to Directors of Building licensed real estate broker; at least perform its duties. and Housing, Public Utilities, one (1) member shall be an attorney; Section 2. That existing Section Finance, Law; Committees on Com- and all members shall have, to the 161.03 of the Codified Ordinances of munity and Economic Development, highest extent practicable, a known Cleveland, Ohio 1976, as amended by Public Utilities, Legislation, Finance. interest in landmarks preservation. Ordinance No. 3143-83, passed June 18, The terms of members appointed by 1986, and Section 161.06, as amended Ord. No. 1168-13. the Mayor next after the expiration of by Ordinance No. 339-73, passed March By Council Member Sweeney. the two (2) year terms of the members 12, 1973, are repealed. An emergency ordinance to amend of the Commission existing on the Section 3. That this ordinance is Section 161.03 of the Codified Ordi- effective date of this section shall be: declared to be an emergency measure nances of Cleveland, Ohio, 1976, as two (2) members, two (2) year terms; and, provided it receives the affirma- amended by Ordinance No. 3143-83, and five (5) members, four (4) year tive vote of two-thirds of all the mem- passed June 18, 1984, and Section terms. Thereafter, the terms of all bers elected to Council, it shall take 161.06, as amended by Ordinance No. members appointed by the Mayor effect and be in force immediately 339-73, passed March 12, 1973, relat- shall be four (4) years. The terms of upon its passage and approval by the ing to voting of the Chairperson, members appointed by the President Mayor; otherwise it shall take effect and prior notice of the Cleveland of the Council shall be four (4) years. and be in force from and after the ear- Landmark Commission’s rule Members may be reappointed. Mem- liest period allowed by law. changes. bers appointed by the Council Presi- Referred to Directors of City Plan- Whereas, this ordinance consti- dent shall be appointed for terms of ning Commission, Law; Committees tutes an emergency measure provid- four (4) years. on Legislation, Finance.

FIRST READING ORDINANCES REFERRED

Ord. No. 1080-13. By Council Member Cimperman. An ordinance establishing a Pedestrian Retail Overlay Special Sign District (PRO-S) on lands located on the north- west and southwest sides of Professor Avenue between West 10th Street and Jefferson Avenue; including lands along College Avenue and Jefferson Avenue between Tremont Street and W. 7th Street as shown shaded and outlined on the attached map (Map Change No. 2437). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on the northwest and southwest sides of Professor Avenue between West 10th Street and Jefferson Avenue including lands along College Avenue and Jefferson Avenue between Tremont St. and W. 7th St., as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay Special Sign District (PRO-S). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2437, 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. 1339 28 The City Record August 21, 2013

Referred to Directors of City Planning Commission, Law; Committees on City Planning, Finance. 1340 August 21, 2013 The City Record 29

Ord. No. 1081-13. By Council Member Cimperman. An ordinance establishing a Pedestrian Retail Overlay Special Sign District (PRO-S) on lands located along W. 14th Street, Starkweather Avenue and Auburn Avenue as shown on the attached map (Map Change No. 2438). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on lands located along West 14th Street, Starkweather Avenue and Auburn Avenue as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Over- lay Special Sign District (PRO-S). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2438, 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.

Referred to Directors of City Planning Commission, Law; Committees on City Planning, Finance. 1341 30 The City Record August 21, 2013

Ord. No. 1082-13. By Council Member Cimperman. An ordinance establishing a Pedestrian Retail Overlay Special Sign District (PRO-S) on lands located at the intersec- tion of Fairfield Avenue and West 11th Street (Map Change No. 2439). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located at the intersection of Fairfield Avenue and West 11th Street as shown shad- ed and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay Special Sign District (PRO-S). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2439, 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.

Referred to Directors of City Planning Commission, Law; Committees on City Planning, Finance. 1342 August 21, 2013 The City Record 31

Ord. No. 1083-13. By Council Member Cimperman. An ordinance establishing a Pedestrian Retail Overlay Special Sign District (PRO-S) on lands located at the intersec- tion of Kenilworth Avenue, Literary Road and West 11th Street (Map Change No. 2436). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located at the intersection Kenilworth Avenue, Literary Road and West 11th Street as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay Spe- cial Sign District (PRO-S). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2436, 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.

Referred to Directors of City Planning Commission, Law; Committees on City Planning, Finance. 1343 32 The City Record August 21, 2013

Ord. No. 1084-13. By Council Member Cimperman. An ordinance establishing a Pedestrian Retail Overlay Special Sign District (PRO-S) on lands located at the intersec- tion of Professor Avenue and Starkweather Avenue (Map Change No. 2441). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located at the intersection of Professor Avenue and Starkweather Avenue as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay Special Sign Dis- trict (PRO-S). Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2441, 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.

Referred to Directors of City Planning Commission, Law; Committees on City Planning, Finance. 1344 August 21, 2013 The City Record 33

FIRST READING EMERGENCY measure and, provided it receives the Whereas, this Council has consid- ORDINANCES READ IN FULL affirmative vote of two-thirds of all ered the requests of certain persons AND PASSED the members elected to Council, it to engage in peddling outside of the shall take effect and be in force imme- Central Business District and has Ord. No. 1068-13. diately upon its passage and approval determined that it is in the public By Council Member Miller. by the Mayor; otherwise it shall take interest to allow each of said per- An emergency ordinance to add effect and be in force from and after sons to engage in peddling in Ward the name “Roosevelt Pendleton – the earliest period allowed by law. 17; and Penn Barbershop Way” as a sec- Motion to suspend rules, Charter, Whereas, this ordinance consti- ondary name to Vashti Avenue from and statutory provisions and place tutes an emergency measure provid- East 124th Street to St. Clair on final passage. ing for the usual daily operation of Avenue. The rules were suspended. Yeas a municipal department; now, there- Whereas, this ordinance consti- 19. Nays 0. Read second time. Read fore, tutes an emergency measure provid- third time in full. Passed. Yeas 19. Be it ordained by the Council of ing for the usual daily operation of Nays 0. the City of Cleveland: a municipal department; now, there- Section 1. That, pursuant to Section fore Ord. No. 1070-13. 675.08 of the Codified Ordinances, this Be it ordained by the Council of By Council Member Dow. Council hereby consents to allow the City of Cleveland: An emergency ordinance authoriz- Shawn Stephens to engage in mobile Section 1. That, notwithstanding ing the Director of the Department peddling in the public right of way in and as an exception to the Codified of Community Development to enter Ward 17. Ordinances of the City of Cleveland, into an agreement with the Hough Section 2. That all of the require- 1976, the name “Roosevelt Pendleton – Development Corporation or its ments of Chapter 675 of the Codified Penn Barbershop Way” shall be designee the Bellaire Puritas Devel- Ordinances shall apply to the persons added as a secondary name to Vashti opment Corporation for the New Day named in Section 1 of this ordinance. Avenue from East 124th Street to St. in Hough Expo through the use of Section 3. That the privilege grant- Clair Avenue. Ward 7 Neighborhood Capital ed herein may be revoked at any time Section 2. That this ordinance is Funds. by this Council. hereby declared to be an emergency Whereas, this ordinance consti- Section 4. That this ordinance is measure and, provided it receives the tutes an emergency measure provid- hereby declared to be an emergency affirmative vote of two-thirds of all ing for the usual daily operation of measure and, provided it receives the the members elected to Council, it a municipal department; now, there- affirmative vote of two-thirds of all shall take effect and be in force imme- fore the members elected to Council, it diately upon its passage and approval Be it ordained by the Council of shall take effect and be in force imme- by the Mayor; otherwise it shall take the City of Cleveland: diately upon its passage and approval effect and be in force from and after Section 1. That the Director of the by the Mayor; otherwise it shall take the earliest period allowed by law. Department of Community Develop- effect and be in force from and after Motion to suspend rules, Charter, ment is authorized to enter into an the earliest period allowed by law. and statutory provisions and place agreement effective July 27, 2013 with Motion to suspend rules, Charter, on final passage. the Hough Development Corporation and statutory provisions and place The rules were suspended. Yeas or its designee the Bellaire Puritas on final passage. 19. Nays 0. Read second time. Read The rules were suspended. Yeas Development Corporation for the New third time in full. Passed. Yeas 19. 19. Nays 0. Read second time. Read Day in Hough Expo for the public pur- Nays 0. third time in full. Passed. Yeas 19. pose of providing information on var- Nays 0. ious city services and social support Ord. No. 1069-13. programs that are available to city of By Council Member Reed. Ord. No. 1072-13. Cleveland residents through the use An emergency ordinance authoriz- By Council Members Conwell and J. of Ward 7 Neighborhood Capital ing the Director of the Department Johnson. of Public Safety to enter into an Funds. An emergency ordinance to amend agreement with the Mount Pleasant Section 2. That the cost of said con- Section 413.031 of the Codified Ordi- Community Zone for the Neighbor- tract shall be in an amount not to nances of Cleveland, Ohio, 1976, as hood Safety and Security Program exceed $8,000 and shall be paid from amended by Ordinance No. 650-13 for the Mt. Pleasant and Kinsman Fund No. 10 SF 177. passed May 20, 2013 relating to auto- Neighborhood Area through the use Section 3. That the Director of Law mated camera locations. of Ward 2 Cleveland Casino Rev- shall prepare and approve said con- Whereas, this ordinance consti- enue Funds. tract and that the contract shall con- tutes an emergency measure provid- Whereas, this ordinance consti- tain such terms and provisions as he ing for the usual daily operation of tutes an emergency measure provid- deems necessary to protect the City’s a municipal department; now, there- ing for the usual daily operation of interest. fore, a municipal department; now, there- Section 4. That this ordinance is Be it ordained by the Council of fore hereby declared to be an emergency the City of Cleveland: Be it ordained by the Council of measure and, provided it receives the Section 1. That Section 413.031 of the City of Cleveland: affirmative vote of two-thirds of all the Codified Ordinances of Cleveland, Section 1. That the Director of the the members elected to Council, it Ohio, 1976, as amended by Ordinance Department of Public Safety be autho- shall take effect and be in force imme- No. 650-13 passed May 20, 2013 is here- rized to enter into an agreement with diately upon its passage and approval by amended to read as follows: the Mount Pleasant Community Zone by the Mayor; otherwise it shall take for the Neighborhood Safety and Secu- effect and be in force from and after Section 413.031 Use of Automated rity Program for the public purpose of the earliest period allowed by law. Cameras to Impose Civil Penalties joint collaboration with the Fourth Motion to suspend rules, Charter, upon Red Light and Speeding Viola- District Police Station on safety activ- and statutory provisions and place tors ities and the coordination of the use on final passage. (a) Civil Enforcement System of security cameras along the com- The rules were suspended. Yeas Established. The City of Cleveland mercial area in the Mt. Pleasant and 19. Nays 0. Read second time. Read hereby adopts a civil enforcement Kinsman Road neighborhood area third time in full. Passed. Yeas 19. system for red light and speeding that is in the city of Cleveland Nays 0. offenders photographed by means of through the use of Ward 2 Cleveland an "automated traffic enforcement Casino Revenue Funds. Ord. No. 1071-13. camera system" as defined in division Section 2. That the cost of said con- By Council Member Brady. (p). This civil enforcement system tract shall be in an amount not to An emergency ordinance authoriz- imposes monetary liability on the exceed $30,000 and shall be paid from ing Shawn Stephens to engage in "owner" of a vehicle as defined in Fund No. 10 SF 188. mobile peddling in Ward 17. division (p) for failure of an operator Section 3. That the Director of Law Whereas, pursuant to Section to stop at a traffic signal displaying a shall prepare and approve said con- 675.08 of the Codified Ordinances of steady red light indication or for the tract and that the contract shall con- Cleveland, Ohio, 1976, the consent of failure of an operator to comply with tain such terms and provisions as he Council, expressed by ordinance is a a speed limitation. deems necessary to protect the City’s prerequisite to temporary sidewalk (b) Red Light Offense – Liability interest. peddling upon the public rights of Imposed. The owner of a vehicle shall Section 4. That this ordinance is way outside of the Central Business be liable for the penalty imposed hereby declared to be an emergency District; and under this section if the vehicle cross- 1345 34 The City Record August 21, 2013 es a marked stop line or the intersec- Lee Road between Tarkington (k) Appeals. A notice of appeal tion plane at a system location when Avenue and I-480 Ramp shall be filed with the Hearing Offi- the traffic signal for that vehicle's I-90 and West 41st Street cer within twenty-one (21) days from direction is emitting a steady red I-90 and West 44th Street the date listed on the ticket. The fail- light Woodland Avenue at East 55th ure to give notice of appeal or pay the (c) Speeding Offense – Liability Street civil penalty within this time period Imposed. The owner of a vehicle shall Harvard Avenue at Lee Road shall constitute a waiver of the right be liable for the penalty imposed Orange Avenue at East 30th Street to contest the ticket and shall be con- under this section if the vehicle is Chester Avenue at East 105th Street sidered an admission. operated at a speed in excess of the St. Clair Avenue at East 152nd Appeals shall be heard by the Park- limitations set forth in Section 433.03. Street ing Violations Bureau through an (d) Liability Does Not Constitute a Kinsman Road at East 93rd Street administrative process established by Conviction. The imposition of liabili- Lee Road at Miles Road the Clerk of the Cleveland Municipal ty under this section shall not be Stokes Boulevard at Cedar Avenue Court. At hearings, the strict rules of deemed a conviction for any purpose West 25th Street at Clark Avenue evidence applicable to courts of law and shall not be made part of the oper- I-490 at East 55th Street shall not apply. The contents of the ating record of any person on whom Pearl Road at Denison Avenue ticket shall constitute a prima facie the liability is imposed. Broadview Road at Brookpark evidence of the facts it contains. Lia- (e) Other Offenses and Penalties Road bility may be found by the hearing Not Abrogated. Nothing in this sec- West 65th Street and Clark Avenue examiner based upon a preponder- ance of the evidence. If a finding of tion shall be construed as altering or St. Clair Avenue at East 105th liability is appealed, the record of the limiting Sections 433.03 or 413.03 of Street case shall include the order of the these Codified Ordinances, the crimi- Woodland Avenue at East 30th Parking Violations Bureau, the tick- nal penalties imposed by those sec- Street et, other evidence submitted by the tions, or the ability of a police officer Lorain Avenue at West 65th Street Broadview Road at Spring Road respondent or the City of Cleveland, to enforce those sections against any and a transcript or record of the hear- offender observed by the officer vio- St. Clair Avenue at East 55th Street Puritas Avenue at West 150th ing, in a written or electronic form lating either of those sections. Noth- acceptable to the court to which the ing in this section shall be construed Street Martin Luther King Jr. Drive at case is appealed. to limit the liability of an operator of East 105th Street Liability shall not be found where a vehicle for any violation of division East 105th Street and Superior the evidence shows that the automat- (b) or (c) of this section. Avenue ed camera captured an event that is (f) Selection of Camera Sites. The East 156th Street and Waterloo not an offense, including each of the selection of the sites where automat- Road following events and such others as ed cameras are placed and the Neff Road and East 185th Street may be established by rules and regu- enforcement of this ordinance shall lations issued by the Director of Pub- be made on the basis of sound profes- The Director of Public Safety shall lic Safety under the authority of divi- sional traffic engineering and law cause the general public to be notified sion (n) of this section: enforcement judgments. Automated by means of a press release issued at (1) The motorist stops in time to cameras shall not be placed at any least thirty (30) days before any avoid violating a red light indication; (2) The motorist proceeds through site where the speed restrictions or given camera is made fully opera- a red light indication as part of funer- the timing of the traffic signal fail to tional and is used to issue tickets to al procession; conform to sound professional traffic offenders. Before a given camera (3) The motorist is operating a engineering principles. issues actual tickets, there shall be a City-owned emergency vehicle with (g) Locations. The following are period of at least two (2) weeks, its emergency lights activated and the locations for the Automated Traf- which may run concurrently with the proceeds through a red lightindica- fic Enforcement Camera System: thirty (30) day public-notice period, tion or exceeds the posted speed limi- during which only "warning" notices tation; Locations shall be issued. Shaker Boulevard at Shaker Square (4) The motorist is directed by a At each site of a red light or fixed police officer on the scene contrary to Chester Avenue at Euclid Avenue speed camera, the Director of Public West Boulevard at North Marginal the traffic signal indication. Works shall cause signs to be posted Liability shall also be excused if a Road to apprise ordinarily observant vehicle is observed committing an Shaker Boulevard at East 116th motorists that they are approaching offense where the vehicle was stolen Street an area where an automated camera prior to the offense and the owner has West Boulevard at I-90 Ramp is monitoring for red light or speed filed a police report. Chester Avenue at East 71st Street violators. Mobile speed units shall be The Director of Public Safety, in East 55th Street at Carnegie plainly marked vehicles. coordination with the Parking Viola- Avenue (h) Notices of Liability. Any ticket tions Bureau, shall establish a Woodland Avenue in the 4500 to for an automated red light or speed- process by which a vehicle owner who 4700 block ing system violation under this sec- was not the driver at the time of the Euclid Avenue between Cliffview tion shall: alleged offense may, by affidavit, Road and Torbenson Road (1) Be reviewed by a Cleveland name the person who the owner East 131st Street at Harvard police officer; believes was driving the vehicle at Avenue (2) Be forwarded by first-class mail the time. Upon receipt of such an affi- Carnegie Avenue at East 30th or personal service to the vehicle's davit timely submitted to the Parking Street registered owner's address as given Violations Bureau, the Bureau shall Cedar Avenue at Murray Hill Road on the state's motor vehicle registra- suspend further action against the Grayton Road at I-480 Ramp tion, and owner of the vehicle and instead Euclid Avenue at Mayfield Road (3) Clearly state the manner in direct notices and collection efforts to Warren Road at I-90 Ramp which the violation may be appealed. the person identified in the affidavit. Prospect Avenue at East 40th Street (i) Penalties. Any violation of divi- If the person named in the affidavit, East 116th Street at Union Avenue sion (b) or division (c) of this section when notified, denies being the driver Pearl Road at Biddulph Road shall be deemed a noncriminal viola- or denies liability, then the Parking Carnegie Avenue at East 100th tion for which a civil penalty shall be Violations Bureau shall resume the Street assessed and for which no points notice and collection process against Carnegie Avenue at Martin Luther authorized by RC 4507.021 ("Point the vehicle owner, the same as if no King Jr. Drive system for license suspension") shall affidavit had been submitted, and if Memphis Avenue at Fulton Road be assigned to the owner or driver of the violation is found to have been Lakeshore Boulevard at East 159th the vehicle. committed by a preponderance of evi- Street (j) Ticket Evaluation, Public Ser- dence, the owner shall be liable for St. Clair Avenue at London Road vice, and Appeals. The program shall any penalties imposed for the offense. Clifton Boulevard between West include a fair and sound ticket-evalu- A decision in favor of the City of 110th Street and West 104th Street ation process that includes review by Cleveland may be enforced by means Chester Avenue between East 55th the vendor and a police officer, a of a civil action or any other means Street and East 40th Street strong customer-service commitment, provided by the Ohio Revised Code. Woodland Avenue between East and an appeals process that accords (l) Evidence of Operation. It is 66th Street and East 71st Street due process to the ticket respondent prima facie evidence that the person West Boulevard between I-90 Ramp and that conforms to the require- registered as the owner of the vehicle and Madison Avenue ments of the Ohio Revised Code. with the Ohio Bureau of Motor Vehi- 1346 August 21, 2013 The City Record 35 cles, or with any other state vehicle case of a leased or rented vehicle, the Ohio Council and/or the State of registration office, or in the case of a "lessee". Ohio in connection with Phase II of leased or rented vehicle, the "lessee" Section 2. That existing Section the Flats East Bank development; as defined in division (p), was operat- 413.031 of the Codified Ordinances of and authorizing the Director to ing the vehicle at the time of the Cleveland, Ohio, 1976, as amended by enter into one or more contracts offenses set out in divisions (b) and Ordinance No. 650-13 passed May 20, with Flats East Development, LLC, (c) of this section. 2013 is hereby repealed. or its designee, to implement the (m) Program Oversight. The Direc- Section 3. That this ordinance is grant project. tor of Public Safety shall oversee the hereby declared to be an emergency Whereas, this ordinance consti- program authorized by this section. measure and, provided it receives the tutes an emergency measure provid- The Director of Public Works shall affirmative vote of two-thirds of all ing for the usual daily operation of oversee the installation and mainte- the members elected to Council, it a municipal department; now, there- nance of all automated cameras. An shall take effect and be in force imme- fore, encroachment permit shall be autho- diately upon its passage and approval Be it ordained by the Council of rized in the legislation in which loca- by the Mayor; otherwise it shall take the City of Cleveland: tions are selected. effect and be in force from and after Section 1. That the Director of Eco- (n) Rules and Regulations. The the earliest period allowed by law. nomic Development is authorized to Director of Public Safety may issue Motion to suspend rules, Charter, apply for and accept a Clean Ohio rules and regulations to carry out the and statutory provisions and place grant in an amount up to $3,000,000, provisions of these sections, which on final passage. from JobsOhio, the Clean Ohio Coun- shall be effective thirty (30) days The rules were suspended. Yeas 19. cil, and/or the State of Ohio Develop- after publication in the City Record. Nays 0. Read third time in full. ment Services Agency, or their suc- (o) Establishment of Penalty. The Passed. Yeas 15. Nays 4. cessors or designees, a Roadwork penalty imposed for a violation of Those voting Yea: Council Members Development grant in an amount up division (b) or (c) of this section shall Brancatelli, Cimperman, Cleveland, to $2,500,000 from JobsOhio and/or the be follows: Conwell, Cummins, J. Johnson, K. State of Ohio Development Services Johnson, Keane, Kelley, Mitchell, Agency, or their successors or 413.031(b) Polensek, Pruitt, Sweeney, West- designees, and a Jobs and Commerce All violations $100.00 brook and Zone. Program Grant in an amount up to Those voting Nay: Council Members $2,500,000 from JobsOhio and/or the 413.031(c) Brady, Dow, Miller and Reed. State of Ohio Department of Trans- Up to 24 mph over the portation or their successors or speed limit: $100.00 Ord. No. 1085-13. designees, for environmental assess- 25 mph or more over the By Council Members Brancatelli ment, remediation, infrastructure, speed limit: $200.00 and Kelley (by departmental and/or redevelopment assistance in Any violation of a school request). connection with Phase II of the Flats or construction zone An emergency ordinance to amend East Bank development, to be used to speed limit: $200.00 Section 1 of Ordinance No. 667-13, implement the project as described in passed May 20, 2013, relating to the the executive summary below; that Late penalties: for both offenses, if 2013 Home Weatherization Assis- the Director is authorized to file all the penalty is not paid within twenty tance Program. papers and execute all documents (20) days from the date of mailing of Whereas, this ordinance consti- necessary to receive the funds under the ticket to the offender, an addition- al twenty dollars ($20.00) shall be tutes an emergency measure provid- the grants; and that the funds are imposed, and if not paid within forty ing for the usual daily operation of appropriated for the purposes (40) days from that date, another a municipal department; now, there- described in the executive summary forty dollars ($40.00) shall be fore, for the grants contained in the file imposed, for a total additional penal- Be it ordained by the Council of described below and in any subse- ty in such a case of sixty dollars the City of Cleveland: quent grant amendments, which ($60.00). Section 1. That Section 1 of Ordi- amendments will be filed with Coun- (p) Definitions. As used in this sec- nance No. 667-13, passed May 20, 2013, cil. tion: is amended to read as follows: Section 2. That the executive sum- (1) "Automated traffic enforcement Section 1. That the Director of Com- mary for the grants, File No. 1086-13- camera system" means an electronic munity Development is authorized to A, made a part of this ordinance as if system consisting of a photographic, expend the approximate amount of fully rewritten, as presented to the video, or electronic camera and a $2,900,000 and any other funds that Finance Committee of this Council at vehicle sensor installed to work alone become available during the grant the public hearing on this legislation, or in conjunction with an official traf- term, from the State of Ohio, ODSA, to is approved in all respects and shall fic controller and to automatically conduct the 2013 Home Weatheriza- not be changed without additional produce photographs, video, or digital tion Assistance Program and that up legislative authority. images of each vehicle violating divi- to 7% of the grant amount may be Section 3. That the Director of Eco- sions (b) or (c). spent for administrative costs of the nomic Development is authorized to (2) "Lessee" includes renter and program. enter into one or more contracts with means: Section 2. That existing Section 1 of Flats East Development, LLC, or its A. the person identified as a vehicle Ordinance No. 667-13, passed May 20, designee, to implement the grant pro- lessee or renter by a motor vehicle 2013, is repealed. jects. leasing dealer or motor vehicle rent- Section 3. That this ordinance is Section 4. That the contract or con- ing dealer pursuant to RC 4511.092 declared to be an emergency measure tracts authorized by this ordinance and further identified by the dealer as and, provided it receives the affirma- shall be prepared by the Director of the person having care, custody or tive vote of two-thirds of all the mem- Law. control of the vehicle at the time of a bers elected to Council, it shall take Section 5. That the cost of the con- violation of divisions (b) or (c); or effect and be in force immediately tract or contracts authorized will be B. the person identified as the upon its passage and approval by the paid from the funds or subfunds that lessee or as an additional owner of a Mayor; otherwise it shall take effect are credited the proceeds of the vehicle in the records of the Ohio and be in force from and after the ear- grants accepted under this ordinance. Bureau of Motor Vehicles or the liest period allowed by law. Section 6. That this ordinance is records of any other state motor vehi- Motion to suspend rules, Charter, declared to be an emergency measure cle bureau. and statutory provisions and place and, provided it receives the affirma- (3) "System location" means the on final passage. tive vote of two-thirds of all the mem- approach to an intersection or a street The rules were suspended. Yeas bers elected to Council, it shall take toward which a photographic, video 19. Nays 0. Read second time. Read effect and be in force immediately or electronic camera is directed and is third time in full. Passed. Yeas 19. upon its passage and approval by the in operation. It is the location where Nays 0. Mayor; otherwise it shall take effect the automated camera system is and be in force from and after the ear- installed to monitor offenses under Ord. No. 1086-13. liest period allowed by law. this section. By Council Members Cimperman, Motion to suspend rules, Charter, (4) "Vehicle owner" or "owner" Brancatelli and Kelley (by depart- and statutory provisions and place means the person or entity identified mental request). on final passage. by the Ohio Bureau of Motor Vehicles, An emergency ordinance authoriz- The rules were suspended. Yeas or registered with any other State ing the Director of Economic Devel- 19. Nays 0. Read second time. Read vehicle registration office, as the reg- opment to apply for and accept sev- third time in full. Passed. Yeas 19. istered owner of a vehicle, or in the eral grants from JobsOhio, the Clean Nays 0. 1347 36 The City Record August 21, 2013

Ord. No. 1087-13. Ohio Development Services Agency, enter into one or more contracts with By Council Members Cimperman, or their successors or designees, for Sustainable Community Associates, Brancatelli, Kelley (by departmental environmental assessment, remedia- or its designee, to implement the request). tion, and/or redevelopment assis- grant project. An emergency ordinance authoriz- tance in connection with the proposed Section 4. That the contract or con- ing the Director of Economic Devel- redevelopment of the former Fair- tracts authorized by this ordinance opment to apply for and accept a mont Creamery site at 1720 Willey shall be prepared by the Director of Clean Ohio grant from JobsOhio Avenue, to be used to implement the Law. and/or the State of Ohio Develop- project as described in the executive Section 5. That the cost of the con- ment Services Agency, or its suc- summary below; that the Director is tract or contracts authorized will be cessor or designee, in connection authorized to file all papers and exe- paid from the fund or subfunds that with the proposed redevelopment of cute all documents necessary to are credited the proceeds of the grant the former Fairmont Creamery site receive the funds under the grant; and accepted under this ordinance. at 1720 Willey Avenue; and autho- that the funds are appropriated for Section 6. That this ordinance is rizing the Director to enter into one the purposes described in the execu- declared to be an emergency measure or more contracts with Sustainable tive summary for the grant contained and, provided it receives the affirma- Community Associates, or its in the file described below and in any tive vote of two-thirds of all the mem- designee, to implement the grant subsequent grant amendments, which project. amendments will be filed with Coun- bers elected to Council, it shall take Whereas, this ordinance consti- cil. effect and be in force immediately tutes an emergency measure provid- Section 2. That the executive sum- upon its passage and approval by the ing for the usual daily operation of mary for the grant, File No. 1087-13-A, Mayor; otherwise it shall take effect a municipal department; now, there- made a part of this ordinance as if and be in force from and after the ear- fore, fully rewritten, as presented to the liest period allowed by law. Be it ordained by the Council of Finance Committee of this Council at Motion to suspend rules, Charter, the City of Cleveland: the public hearing on this legislation, and statutory provisions and place Section 1. That the Director of Eco- is approved in all respects and shall on final passage. nomic Development is authorized to not be changed without additional The rules were suspended. Yeas apply for and accept a Clean Ohio legislative authority. 19. Nays 0. Read second time. Read grant in an amount up to $1,000,000, Section 3. That the Director of Eco- third time in full. Passed. Yeas 19. from JobsOhio and/or the State of nomic Development is authorized to Nays 0.

Ord. No. 1088-13. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 30 and 36 of Ordinance No. 1689-11, passed November 28, 2011, as enacted and amended by various ordinances, 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 30 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordinance No. 753- 12, passed June 4, 2012, and Section 36 of Ordinance No. 1689-11, passed November 28, 2011, are amended to read as follows: Section 30. That the salaries and the compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administrative Officer ...... $20,800.00 $52,979.99 2. Cable Protection Specialist ...... 20,800.00 37,416.11 3. Case Worker Supervisor...... 20,800.00 45,229.92 4. Chief Caseworker Supervisor ...... 22,426.64 45,943.18 5. Chief Clerk ...... 22,050.00 47,550.25 6. Chief Photographer ...... 20,800.00 51,187.90 7. Chief Telephone Operator...... 20,800.00 50,040.00 8. Epidemiologist...... 40,000.00 82,781.08 9. Personnel Analyst I...... 21,000.00 47,258.25 10. Public Health Emergency Preparedness Specialist...... 30,160.00 53,352.00 11. Safety Programs Officer I...... 25,000.00 66,226.65 12. Safety Programs Officer II...... 25,000.00 46,357.77 13. Secretary to Board of Examiner of Board of Review (Electrical) ...... 20,800.00 39,782.36 14. Secretary - Boxing and Wrestling Commission ...... 30,573.46 36,325.25 15. Superintendent of Maintenance ...... 23,606.98 57,223.92 16. Supervisor of Income Tax Files ...... 20,800.00 39,782.36

Section 36. That the salaries and compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant Supervisor ...... $23,647.11 $72,539.05 2. Assistant Chief of Water Distribution ...... 23,647.11 86,668.37 3. Assistant Commissioner of Assessments and Licenses 23,647.11 84,588.76 4. Assistant Commissioner, Division of Printing and Reproduction ...... 23,647.11 84,588.76 5. Building Manager ...... 23,647.11 78,080.22 6. Business Process Analyst ...... 55,000.00 97,850.00 7. Chief Architect...... 23,647.11 101,803.14 8. Chief Auditor – Utilities ...... 23,647.11 84,588.76 9. Chief City Planner ...... 30,000.00 82,781.08 10. Chief, Computer Operations ...... 23,647.11 84,588.76 11. Chief Engineer – Civil ...... 23,647.11 84,588.76 1348 August 21, 2013 The City Record 37

12. Chief Engineer – Mechanical...... 23,647.11 84,588.76 13. Chief Legal Investigator - Civil Branch ...... 23,647.11 67,017.93 14. Chief of Street Lighting and Electrical Services ...... 23,647.11 97,572.42 15. Chief of Laboratories ...... 23,647.11 80,353.75 16. Chief of Purification ...... 23,647.11 86,668.37 17. Convention Manager ...... 23,647.11 78,080.22 18. Development Finance Analyst I ...... 34,000.00 60,216.00 19. Development Finance Analyst II ...... 51,043.20 85,000.00 20. Financial Systems Coordinator...... 23,647.11 67,017.93 21. Fiscal Grants Administrator...... 40,000.00 86,093.31 22. Fiscal Manager ...... 23,647.11 84,588.76 23. Health Promotion Coordinator...... 22,333.40 77,262.20 24. Investment Manager ...... 23,647.11 84,588.76 25. Manager of Enterprise Unit ...... 23,647.11 78,080.22 26. Manager of Events...... 23,647.11 78,080.22 27. Manager of General Maintenance ...... 23,647.11 78,080.22 28. Manager of Markets ...... 23,647.11 78,080.22 29. Manager of Parking ...... 23,647.11 78,080.22 30. Manager of Recreation ...... 40,000.00 78,080.22 31. Master Plan Examiner...... 23,647.11 101,803.14 32. Purchasing Supervisor - Division of Purchases and Supplies...... 23,647.11 67,017.93 33. Secretary to the Board of Building Standards and Building Appeals...... 23,647.11 82,781.08 34. Secretary to the Board of Zoning Appeals ...... 23,647.11 82,781.08 35. Security Manager ...... 23,647.11 90,684.96 36. Senior Internal Auditor ...... 23,647.11 67,017.93 37. Senior Programmer Analyst ...... 23,647.11 69,365.01 38. Supervisor - Information Control ...... 23,647.11 67,017.93 39. Theatrical Manager...... 23,647.11 67,017.93 40. Water Plant Manager ...... 23,647.11 97,572.42

Section 2. That existing Section 30 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordi- nance No. 753-12, passed June 4, 2012, and existing Section 36 of Ordinance No. 1689-11, passed November 28, 2011, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. Nays 0.

Ord. No. 1089-13. sions of Fire and Emergency Medical to make the purchases, and may enter By Council Members Conwell and Service, in the estimated sum of into one or more contracts with the Kelley (by departmental request). $114,000, to be purchased by the Com- vendors selected through that cooper- An emergency ordinance authoriz- missioner of Purchases and Supplies ative process. ing the purchase by one or more on a unit basis for the Divisions of Section 4. That this ordinance is requirement contracts of the neces- Fire and Emergency Medical Service, declared to be an emergency measure sary items of labor and materials Department of Public Safety. Bids and, provided it receives the affirma- necessary to install exhaust system shall be taken in a manner that per- tive vote of two-thirds of all the mem- upgrades at various fire stations mits an award to be made for all items bers elected to Council, it shall take and to install appurtenances on cer- as a single contract, or by separate effect and be in force immediately tain vehicles to divert exhaust from contract for each or any combination upon its passage and approval by the the fire stations, including installa- of the items as the Board of Control Mayor; otherwise it shall take effect tion, for the Divisions of Fire and determines. Alternate bids for a peri- and be in force from and after the ear- Emergency Medical Service, Depart- od less than the specified term may be liest period allowed by law. ment of Public Safety, for a period taken if desired by the Commissioner Motion to suspend rules, Charter, of one year, with a one year option of Purchases and Supplies until provi- and statutory provisions and place to renew, exercisable by the Direc- sion is made for the requirements for on final passage. tor of Public Safety. the entire term. The rules were suspended. Yeas Whereas, this ordinance consti- Section 2. That the costs of the con- 19. Nays 0. Read second time. Read tutes an emergency measure provid- tract or contracts shall be paid from third time in full. Passed. Yeas 19. ing for the usual daily operation of Fund Nos. 20 SF 509, 20 SF 517, 20 SF Nays 0. a municipal department; now, there- 524, 20 SF 532, 20 SF 539, 20 SF 545, and fore, 20 SF 553 and shall also be charged Ord. No. 1090-13. Be it ordained by the Council of against the proper appropriation By Council Members Zone and Kel- the City of Cleveland: accounts and the Director of Finance ley (by departmental request). Section 1. That the Director of Pub- shall certify the amount of any pur- An emergency ordinance authoriz- lic Safety is authorized to make one chase under the contract, each of ing the Director of the Office of or more written requirement con- which purchases shall be made on Equal Opportunity, or the Executive tracts under the Charter and the Codi- order of the Commissioner of Pur- Director of Workforce Development, fied Ordinances of Cleveland, Ohio, chases and Supplies by a delivery to apply for, accept and expend 1976, for the requirements period of order issued against the contract or funds and resources from the Ohio one year, with a one year option to contracts and certified by the Direc- Department of Job and Family Ser- renew, exercisable by the Director of tor of Finance. (RQN 6001, RL 2013-32) vices, Department of Labor, Cuya- Public Safety, of the necessary items Section 3. That under Section 108(b) hoga County, or other fiscal agents, of labor and materials necessary to of the Charter, the purchases autho- for the 2013 Workforce Investment install exhaust system upgrades at rized by this ordinance may be made Act and Workforce Development various fire stations and to install through cooperative arrangements Program grants; to enter into con- appurtenances on certain vehicles to with other governmental agencies. tracts and memoranda of under- divert exhaust from the fire stations, The Director of Public Safety may standing with various entities nec- including installation, for the Divi- sign all documents that are necessary essary to administer and implement 1349 38 The City Record August 21, 2013 the Workforce Development pro- ties or organizations to administer • EMPLOYEE AND EMPLOYER grams; to enter into one or more and implement the following compo- RECOGNITION EVENTS agreements with Cuyahoga County, nents of the grant: • WIB INITIATIVES AND SPECIAL or other fiscal agents, to accept PROJECTS monies for implementation of the Youth Activities program; and to sublease areas at Section 3. That the Director is Employment Connection, located at • 10 YOUTH PROGRAM ELEMENTS authorized to enter into one or more 1020 Bolivar Road. -Tutoring, Study Skills and Instruc- memoranda of understanding Whereas, the Workforce Invest- tion (“MOU”) with various entities, agen- ment Act of 1998, Public Law 105-220 -Alternative Secondary School Ser- cies, or individuals participating in (“WIA”), the purpose of which is to vices the Employment Connection services, “. . . provide workforce investment -Summer Employment activities and/or programs relating activities, through statewide and -Paid Work Experience to cost-sharing contributions, for the local workforce investment systems, -Occupational Skills Training purposes of implementing the Work- that increase the employment, reten- -Leadership Development force Development programs as tion, and earnings of participants, -Supportive Services described in this ordinance. The and increase occupational skill -Mentoring Director is further authorized to enter attainment by participants, and, as -Follow-up Services into various agreements necessary to a result, improve the quality of the -Comprehensive Guidance and carry out the purposes of the MOUs. workforce, reduce welfare depen- Counseling The Director is authorized to accept dency, and enhance the productivity • PRE-VOCATIONAL ACTIVITIES monies under the cost-sharing MOUs, and competitiveness of the nation”; • JOB READINESS TRAINING and to deposit the cost sharing contri- and • JOB DEVELOPMENT/JOB butions in a revolving fund to be used Whereas, under WIA, the Gover- PLACEMENT for additional services or contracts nor of the State of Ohio has desig- • ON THE JOB TRAINING under this program, and the funds are nated Ohio Workforce Areas for the • JOB FAIRS, FURNITURE AND appropriated for that purpose. WIA throughout Ohio and the gov- EQUIPMENT, WIB MEETINGS, Section 4. That the Director is ernor has designated the geograph- YOUTH COUNCIL, PROVIDER authorized to enter into one or more ic boundaries of the City of Cleve- MEETINGS agreements with Cuyahoga County to land (“City”) and Cuyahoga County • YOUTH COUNCIL AND WIB accept monies from the County to as Ohio Workforce Area (“OWA”) INITIATIVES AND SPECIAL implement the Workforce Investment No. 3; and PROJECTS Act and Workforce Development pro- Whereas, in order to achieve grams as described in this ordinance, greater cooperation, better address Adult Activities and to deposit the funds in a revolv- the needs of the citizens of the City ing fund to be used for additional ser- and the County, maximize the use • OCCUPATIONAL SKILLS vices or contracts under this program, of available funds, and comply with TRAINING the request of the Ohio Governor’s and the funds are appropriated for • ON-THE-JOB TRAINING that purpose. Workforce Policy Board of the State • CUSTOMIZED TRAINING of Ohio and generally administer Section 5. That the Director is • INCUMBENT WORKER authorized to enter into one or more funds and programs under the TRAINING Workforce Investment Act (WIA), contracts with various entities, agen- • SPECIALIZED POPULATION cies, or individuals in order for the the American Reinvestment Recov- • SUPPORTIVE SERVICES ery Act (ARRA), and other Work- City of Cleveland to provide services • JOB READINESS TRAINING force Development programs, the under the Workforce Investment Act, • FOLLOW-UP SERVICES City and the County have combined the American Reinvestment Recov- • JOB DEVELOPMENT AND their boards, service areas, and pro- ery Act, and Workforce Development EMPLOYER SERVICES grams and created a consolidated programs authorized under this ordi- • JOB READINESS TRAINING Workforce Investment Area for nance, and to receive payment for the OWA No. 3 in accordance with an • JOB PLACEMENT/CAREER services. The Director is authorized COACHING Intergovernmental Agreement to accept monies under the first and • JOB DEVELOPMENT AND entered into by the Mayor and the third party billings, and to deposit the EMPLOYER SERVICES Cuyahoga County Board of Commis- payments collected and other pro- • JOB FAIRS, FURNITURE AND sioners on June 4, 2007 (“IGA”); and gram income in a revolving fund to be EQUIPMENT, WIB MEETINGS, Whereas, in accordance with the used for additional services or con- PROVIDER MEETINGS agreement required by the WIA and tracts under this program, and that • CORE SERVICES approved by the Governor, for the the funds are appropriated for that • INTENSIVE SERVICES WIA Program Year (“PY”) 2013 for purpose. the period of July 1, 2013 through • ENTREPRENUERIAL ACTIVITIES Section 6. That notwithstanding June 30, 2015, between the Chairman and as an exception to the provisions of the Workforce Investment Board • EMPLOYEE AND EMPLOYER RECOGNITION EVENTS of Chapters 181 and 183 of the Codi- of Cleveland (“WIBC”), Cuyahoga fied Ordinances of Cleveland, Ohio, County, and the City, the City has • PRE-VOCATIONAL ACTIVITIES 1976, the Director is authorized to sub- been designated as the WIA grant • WIB INITIATIVES AND SPECIAL lease various areas at the Employ- recipient, administrative entity; and PROJECTS ment Connection, located at 1020 Boli- Whereas, this ordinance consti- tutes an emergency measure provid- Dislocated Worker Activities var Road, to various entities, agen- ing for the usual daily operation of cies, or individuals, to provide Work- a municipal department; now there- • OCCUPATIONAL SKILLS force Development and Economic fore TRAINING Development services authorized Be it ordained by the Council of • ON-THE-JOB TRAINING under this ordinance. the City of Cleveland: • CUSTOMIZED TRAINING Section 7. That the term of the sub- Section 1. That the Director of the • INCUMBENT WORKER leases authorized by this ordinance Office of Equal Opportunity, or the TRAINING shall not exceed two years, subject to Executive Director of Workforce • SPECIALIZED POPULATION annual appropriation and to the pro- Development (the “Director”), is • SUPPORTIVE SERVICES visions of the City’s lease agreement. authorized to apply for, accept and • JOB READINESS TRAINING Section 8. That the subleases may expend grants and resources in the • PRE-VOCATIONAL ACTIVITIES authorize the various entities, agen- approximate amount of $3,000,000, • FOLLOW-UP SERVICES cies, or individuals to make improve- from the Ohio Department of Job and • JOB READINESS TRAINING ments to the subleased premises sub- Family Services, Department of • PRE PLACEMENT/CAREER ject to the approval of appropriate Labor, Cuyahoga County or other fis- COACHING City agencies and officials, and to cal agents, for the Workforce Devel- • JOB FAIRS, FURNITURE AND authorize the sublessees to contribute opment program services to eligible EQUIPMENT, WIB MEETINGS, a share of operating costs individuals and businesses. The PROVIDER MEETINGS Section 9. That the subleases shall Director is authorized to file all • JOB DEVELOPMENT AND be prepared by the Director of Law. papers and execute all documents EMPLOYER SERVICES Section 10. That the Director of the necessary to receive the funds under • RAPID RESPONSE Office of Equal Opportunity, the the grants. • CORE SERVICES Director of Law, and other appropri- Section 2. That the Director is • INTENSIVE SERVICES ate City officials are authorized to authorized to enter into one or more • ENTREPRENUERIAL execute any other documents and cer- contracts with various agencies, enti- ACTIVITIES tificates, and take any other actions 1350 August 21, 2013 The City Record 39 which may be necessary or appropri- ed basis, for a period of one year, February 25, 2013 as it pertains to ate to effect the subleases authorized with three one-year options to the Basketball Education and Recre- by this ordinance. renew, the second of which requires ation Program through the use of Section 11. That the Director is additional legislative authority. Wards 18 and 1 Neighborhood Equi- authorized to accept monies under the Whereas, this ordinance consti- ty Funds. subleases authorized above, and to tutes an emergency measure provid- Whereas, this ordinance consti- deposit the rent collected, and other ing for the usual daily operation of tutes an emergency measure provid- program income, in a revolving fund a municipal department; now, there- ing for the usual daily operation of to be used for additional contracts fore, a municipal department; now, there- and services under this program, and Be it ordained by the Council of fore, that the funds are appropriated for the City of Cleveland: Be it ordained by the Council of that purpose. Section 1. That the Director of Port the City of Cleveland: Section 12. That the Director is Control is authorized to employ by Section 1. That Section 2 of Ordi- authorized to enter into one or more contract or contracts one or more con- nance No. 1397-12 passed October 1, contracts with various entities, agen- sultants or one or more firms of con- 2012 as amended by Ordinance No. 268- cies, or individuals to provide busi- sultants for the purpose of supple- 13, passed February 25, 2013 is hereby ness services and/or rental space at menting the regularly employed staff amended to read as follow: 1020 Bolivar Road, Cleveland, OH of the several departments of the City Section 2. That the cost of said con- 44115, and to receive payment for the of Cleveland in order to provide pro- tract shall be in an amount not to services. The Director is authorized fessional services necessary to pro- exceed $7,000 and shall be paid from to accept monies for the services, and vide pavement management services, Fund No. 10 SF 166. to deposit the payments collected in a on an as-needed basis, for a period of Section 2. That Section 2 of Ordi- revolving fund to be used for addi- one year, with three one-year options nance No. 1397-12 passed October 1, tional services or contracts under this to renew, the second of which 2012 as amended by Ordinance No. 268- program, and that the funds are requires additional legislative 13, passed February 25, 2013 is hereby appropriated for that purpose. authority. The first of the one-year repealed. Section 13. That the cost of the con- options to renew may be exercised by Section 3. That this ordinance is tract or contracts authorized in this the Director of Port Control, without hereby declared to be an emergency ordinance shall be paid from the fund the necessity of obtaining additional measure and, provided it receives the or funds to which are credited the authority of this Council. The second affirmative vote of two-thirds of all grant proceeds and the revolving of the one-year options to renew may the members elected to Council, it fund identified in this ordinance, not be exercised without additional shall take effect and be in force imme- which are accepted under this ordi- legislative authority. If such addi- nance. tional legislative authority is granted diately upon its passage and approval Section 14. That the following and the second of the one-year options by the Mayor; otherwise it shall take amounts are appropriated as follows to renew is exercised, then the third effect and be in force from and after to provide for administration of the of the one-year options to renew may the earliest period allowed by law. Workforce Development programs be exercisable at the option of the Motion to suspend rules, Charter, and activities: Director of Port Control, without the and statutory provisions and place I. Salaries and payroll related necessity of obtaining additional on final passage. expenses in an amount not to exceed authority of this Council. The rules were suspended. Yeas $1,000,000. The selection of the consultants for 19. Nays 0. Read second time. Read II. Operational and building related the services shall be made by the third time in full. Passed. Yeas 19. costs (Rent, Utilities, Security, Jani- Board of Control on the nomination of Nays 0. torial) at 1020 Bolivar Road, Cleve- the Director of Port Control from a land, OH. 44115, in an amount not to list of qualified consultants available Ord. No. 1118-13. exceed $1,200,000. for employment as may be determined By Council Members K. Johnson III. Other Workforce Development after a full and complete canvass by and Mitchell. grants, MOU Agreements, programs the Director of Port Control for the An emergency ordinance amend- and activities in an amount not to purpose of compiling a list. The com- ing Section 1 of Ordinance No. 378- exceed $300,000 pensation to be paid for the services 13 passed March 18, 2013 as it per- IV. Miscellaneous costs (Indirect shall be fixed by the Board of Control. tains to the Senior Landscaping and costs, chargebacks, supplies) in an The contract or contracts authorized Snow Removal Program through the amount not to exceed $500,000. shall be prepared by the Director of use of Wards 4 and 6 Neighborhood Section 15. That the Mayor or the Law, approved by the Director of Port Capital Funds. Director of the Office of Equal Oppor- Control, and certified by the Director Whereas, this ordinance consti- tunity or the Executive Director of of Finance. tutes an emergency measure provid- Workforce Development are autho- Section 2. That the cost of the con- ing for the usual daily operation of rized to enter into such other agree- tract or contracts authorized shall be a municipal department; now, there- ments as may be necessary to imple- paid from Fund No. 60 SF 001, 60 SF fore, ment the single consolidated Work- 104, 60 SF 106, 60 SF 114, 60 SF 126, 60 Be it ordained by the Council of force Development program. SF 141, and from the fund or funds to the City of Cleveland: Section 16. That the contracts and which are credited any grants Section 1. That Section 1 of Ordi- agreements authorized by this ordi- received for this purpose and any pas- nance No. 378-13 passed March 18, 2013 nance shall be prepared by the Direc- senger facility charges that include tor of Law. this purpose, Request No. RQS 3001, is hereby amended to read as follows: Section 17. That this ordinance is RL 2013-112. Section 1. That the Director of the declared to be an emergency measure Section 3. That this ordinance is Department of Community Develop- and, provided it receives the affirma- declared to be an emergency measure ment be authorized to enter into an tive vote of two-thirds of all the mem- and, provided it receives the affirma- agreement with the Buckeye Area bers elected to Council, it shall take tive vote of two-thirds of all the mem- Development Corporation effective effect and be in force immediately bers elected to Council, it shall take April 1, 2013 for the Senior Landscap- upon its passage and approval by the effect and be in force immediately ing and Snow Removal Program for Mayor; otherwise it shall take effect upon its passage and approval by the the public purpose of providing land- and be in force from and after the ear- Mayor; otherwise it shall take effect scaping and snow removal services to liest period allowed by law. and be in force from and after the ear- senior citizens and disabled residents Motion to suspend rules, Charter, liest period allowed by law. that reside in the city of Cleveland and statutory provisions and place Motion to suspend rules, Charter, through the use of Wards 4 and 6 on final passage. and statutory provisions and place Neighborhood Capital Funds. The rules were suspended. Yeas on final passage. Section 2. That Section 1 of Ordi- 19. Nays 0. Read second time. Read The rules were suspended. Yeas nance No. 378-13 passed March 18, 2013 third time in full. Passed. Yeas 19. 19. Nays 0. Read second time. Read is hereby repealed. Nays 0. third time in full. Passed. Yeas 19. Section 3. That this ordinance is Nays 0. hereby declared to be an emergency Ord. No. 1106-13. measure and, provided it receives the By Council Members Keane and Ord. No. 1117-13. affirmative vote of two-thirds of all Kelley (by departmental request). By Council Members Sweeney and the members elected to Council, it An emergency ordinance authoriz- Pruitt. shall take effect and be in force imme- ing the Director of Port Control to An emergency ordinance amend- diately upon its passage and approval employ one or more professional ing Section 2 of Ordinance No. 1397- by the Mayor; otherwise it shall take consultants to provide pavement 12 passed October 1, 2012 as amend- effect and be in force from and after management services, on an as-need- ed by Ordinance No. 268-13, passed the earliest period allowed by law. 1351 40 The City Record August 21, 2013

Motion to suspend rules, Charter, a municipal department; now, there- The rules were suspended. Yeas and statutory provisions and place fore, 19. Nays 0. Read second time. Read on final passage. Be it ordained by the Council of third time in full. Passed. Yeas 19. The rules were suspended. Yeas the City of Cleveland: Nays 0. 19. Nays 0. Read second time. Read Section 1. That, pursuant to Section third time in full. Passed. Yeas 19. 675.08 of the Codified Ordinances, this FIRST READING EMERGENCY Nays 0. Council hereby consents to allow RESOLUTIONS READ IN FULL Anthony Madalore to engage in AND ADOPTED Ord. No. 1170-13. mobile peddling in the public right of By Council Member Conwell. way in Ward 15 Res. No. 1049-13. An emergency ordinance authoriz- Section 2. That all of the require- By Council Member Westbrook. ing Anthony Madalore to engage in ments of Chapter 675 of the Codified An emergency resolution object- mobile peddling in Ward 9. Ordinances shall apply to the persons ing to a New C1 Liquor Permit at Whereas, pursuant to Section named in Section 1 of this ordinance. 9800-06-08 Almira Avenue. 675.08 of the Codified Ordinances of Section 3. That the privilege grant- Whereas, Council has been noti- Cleveland, Ohio, 1976, the consent of ed herein may be revoked at any time fied by the Department of Liquor Council, expressed by ordinance is a by this Council. Control of an application for a New prerequisite to temporary sidewalk Section 4. That this ordinance is C1 Liquor Permit at Raees Food peddling upon the public rights of hereby declared to be an emergency Store, Inc., 9800-06-08 Almira Avenue, way outside of the Central Business measure and, provided it receives the Cleveland, Ohio 44102, Permit Num- District; and affirmative vote of two-thirds of all ber 7165681; and Whereas, this Council has consid- the members elected to Council, it Whereas, the granting of this ered the requests of certain persons shall take effect and be in force imme- application for a liquor permit to to engage in peddling outside of the diately upon its passage and approval this high crime area, which is Central Business District and has by the Mayor; otherwise it shall take already saturated with other liquor determined that it is in the public effect and be in force from and after outlets, is contrary to the best inter- interest to allow each of said per- the earliest period allowed by law. ests of the entire community; and sons to engage in peddling in Ward Motion to suspend rules, Charter, Whereas, the applicant does not 9; and and statutory provisions and place qualify to be a permit holder and/or Whereas, this ordinance consti- on final passage. has demonstrated that he has oper- tutes an emergency measure provid- The rules were suspended. Yeas ated his liquor business in disregard ing for the usual daily operation of 19. Nays 0. Read second time. Read of the laws, regulations or local a municipal department; now, there- third time in full. Passed. Yeas 19. ordinances of this state or any other fore, Nays 0. state; and Be it ordained by the Council of Whereas, the place for which the the City of Cleveland: Ord. No. 1172-13. permit is sought has not conformed Section 1. That, pursuant to Section By Council Members Westbrook to the building, safety or health 675.08 of the Codified Ordinances, this and Brancatelli. requirements of the governing body Council hereby consents to allow An emergency ordinance authoriz- of this County or City; and Anthony Madalore to engage in Whereas, the place for which the ing the Clerk of Council to enter mobile peddling in the public right of permit is sought is so arranged or into an agreement with Western way in Ward 9 constructed that law enforcement Reserve Land Conservancy d/b/a Section 2. That all of the require- officers or agents of the Department Thriving Communities Institute to ments of Chapter 675 of the Codified of Liquor Control are prevented rea- provide professional consulting ser- Ordinances shall apply to the persons sonable access to the establishment; vices to staff and administer the named in Section 1 of this ordinance. and Vacant Abandoned Property Action Section 3. That the privilege grant- Whereas, the place for which the Council whose member organiza- ed herein may be revoked at any time permit is sought is so located with by this Council. tions, including Cleveland City respect to the neighborhood that it Section 4. That this ordinance is Council, strategize solutions to the substantially interferes with public hereby declared to be an emergency varied problems associated with decency, sobriety, peace or good measure and, provided it receives the vacant and abandoned property. order; and affirmative vote of two-thirds of all Whereas, this ordinance consti- Whereas, this objection is based the members elected to Council, it tutes an emergency measure provid- on other legal grounds as set forth shall take effect and be in force imme- ing for the usual daily operation of in Revised Code Section 4303.292; diately upon its passage and approval a municipal department; now, there- and by the Mayor; otherwise it shall take fore, Whereas, this resolution consti- effect and be in force from and after Be it ordained by the Council of tutes an emergency measure provid- the earliest period allowed by law. the City of Cleveland: ing for the immediate preservation Motion to suspend rules, Charter, Section 1. That the Clerk of Council of the public peace, prosperity, safe- and statutory provisions and place is authorized to enter into an agree- ty and welfare pursuant to Section on final passage. ment with Western Reserve Land 4303.26 of the Ohio Revised Code. The rules were suspended. Yeas Conservancy d/b/a/ Thriving Com- Council’s objection to said permit 19. Nays 0. Read second time. Read munities Institute to provide profes- must be received by the Director of third time in full. Passed. Yeas 19. sional consulting services to staff and Liquor Control within 30 days of Nays 0. administer the Vacant Abandoned notification; now, therefore, Property Action Council whose mem- Be it resolved by the Council of Ord. No. 1171-13. ber organizations, including Cleve- the City of Cleveland: By Council Member Zone. land City Council, strategize solu- Section 1. That Council does hereby An emergency ordinance authoriz- tions to the varied problems associat- record its objection to a New C1 ing Anthony Madalore to engage in ed with vacant and abandoned prop- Liquor Permit at Raees Food Store, mobile peddling in Ward 15. erty. This agreement shall be entered Inc., 9800-06-08 Almira Avenue, Cleve- Whereas, pursuant to Section into as of July 1, 2013 and shall be for land, Ohio 44102, Permit Number 675.08 of the Codified Ordinances of a term concluding July 1, 2014. 7165681; and requests the Director of Cleveland, Ohio, 1976, the consent of Section 2. The agreement shall be Liquor Control to set a hearing for Council, expressed by ordinance is a certified for $25,000 from Fund 01, said application in accordance with prerequisite to temporary sidewalk Dept. 0101, Subfund 001, Object Code provisions of Section 4303.26 of the peddling upon the public rights of 6320. Revised Code of Ohio. way outside of the Central Business Section 3. That this ordinance is Section 2. That the Clerk of Council District; and hereby declared to be an emergency be and she is hereby directed to trans- Whereas, this Council has consid- measure and, provided it receives the mit two certified copies of this resolu- ered the requests of certain persons affirmative vote of two-thirds of all tion, together with two copies of a let- to engage in peddling outside of the the members elected to Council, it ter of objection and two copies of a Central Business District and has shall take effect and be in force imme- letter requesting that the hearing be determined that it is in the public diately upon its passage and approval held in Cleveland, Cuyahoga County. interest to allow each of said per- by the Mayor; otherwise it shall take Section 3. That this resolution is sons to engage in peddling in Ward effect and be in force from and after hereby declared to be an emergency 15; and the earliest period allowed by law. measure and, provided it receives the Whereas, this ordinance consti- Motion to suspend rules, Charter, affirmative vote of two-thirds of all tutes an emergency measure provid- and statutory provisions and place the members elected to Council, it ing for the usual daily operation of on final passage. shall take effect and be in force imme- 1352 August 21, 2013 The City Record 41 diately upon its adoption and Motion to suspend rules, Charter, Res. No. 1052-13. approval by the Mayor; otherwise, it and statutory provisions and place By Council Member Zone. shall take effect and be in force from on final adoption. An emergency resolution object- and after the earliest period allowed The rules were suspended. Yeas ing to the renewal of a C1 and C2 by law. 19. Nays 0. Read second time. Read Liquor Permit at 6501 Denison Motion to suspend rules, Charter, third time in full. Adopted. Yeas Avenue. and statutory provisions and place 19. Nays 0. Whereas, the uniform date for on final adoption. renewal of liquor permits in the The rules were suspended. Yeas Res. No. 1051-13. State of Ohio is October 1st; and 19. Nays 0. Read second time. Read By Council Member Zone. Whereas, pursuant to Section third time in full. Adopted. Yeas An emergency resolution object- 4303.271 of the Revised Code, the 19. Nays 0. ing to the renewal of a C1 Liquor legislative authority of a municipal Permit at 5110 Clark Avenue and corporation may object to the renew- Res. No. 1050-13. Drive Up Window (Permit Nos. al of a permit based upon legal By Council Member Zone. 9089530 and 90895300005 owned by grounds as set forth in division (A) An emergency resolution object- Tuhin, Inc.). of Revised Code Section 4303.292; ing to the renewal of a C1 Liquor Whereas, the uniform date for and Permit at 5110 Clark Avenue and renewal of liquor permits in the Whereas, the applicant is unfit to Drive Up Window (Permit No. State of Ohio is October 1st; and continue to engage in the liquor per- 15255190005 owned by Clark Petrole- Whereas, pursuant to Section mit business in that he has operat- um, LLC). 4303.271 of the Revised Code, the ed his liquor permit business in a Whereas, the uniform date for legislative authority of a municipal manner that demonstrates a disre- renewal of liquor permits in the corporation may object to the renew- gard for the laws, regulations or State of Ohio is October 1st; and al of a permit based upon legal local ordinances of the state, and Whereas, pursuant to Section grounds as set forth in division (A) that this objection is based on other 4303.271 of the Revised Code, the of Revised Code Section 4303.292; legal grounds as set forth in legislative authority of a municipal and Revised Code Section 4303.292; and corporation may object to the renew- Whereas, the applicant is unfit to Whereas, this resolution consti- al of a permit based upon legal continue to engage in the liquor per- tutes an emergency measure provid- grounds as set forth in division (A) mit business in that he has operat- ing for the immediate preservation of Revised Code Section 4303.292; ed his liquor permit business in a of the public peace, prosperity, safe- and manner that demonstrates a disre- ty and welfare pursuant to Section Whereas, the applicant is unfit to gard for the laws, regulations or 4303.271 of the Ohio Revised Code, objections to renewal of liquor per- continue to engage in the liquor per- local ordinances of the state, and mits shall be made no later than mit business in that he has operat- that this objection is based on other thirty days prior to the expiration ed his liquor permit business in a legal grounds as set forth in date of the permit; now, therefore, manner that demonstrates a disre- Revised Code Section 4303.292; and Whereas, this resolution consti- Be it resolved by the Council of gard for the laws, regulations or the City of Cleveland: local ordinances of the state, and tutes an emergency measure provid- ing for the im Section 1. That Council does hereby that this objection is based on other mediate preservation of the public peace, prosperity, safe- record its objection to the renewal of legal grounds as set forth in ty and welfare pursuant to Section a C1 and C2 Liquor Permit, Permit No. Revised Code Section 4303.292; and 4303.271 of the Ohio Revised Code, 3571080 owned by Hanini 7 Oil, Inc., Whereas, this resolution consti- objections to renewal of liquor per- DBA West 65th Gas USA, 6501 Deni- tutes an emergency measure provid- mits shall be made no later than son Avenue, Cleveland, Ohio 44102, ing for the immediate preservation thirty days prior to the expiration and requests the Director of Liquor of the public peace, prosperity, safe- date of the permit; now, therefore, Control to set a hearing for said appli- ty and welfare pursuant to Section Be it resolved by the Council of cation in accordance with provisions 4303.271 of the Ohio Revised Code, the City of Cleveland: of Section 4303.271 of the Revised objections to renewal of liquor per- Section 1. That Council does hereby Code of Ohio. mits shall be made no later than record its objection to the renewal of Section 2. That the Clerk of Council thirty days prior to the expiration a C1 Liquor Permit, Permit Nos. be and she is hereby directed to trans- date of the permit; now, therefore, 9089530 and 90895300005 owned by mit two certified copies of this resolu- Be it resolved by the Council of Tuhin, Inc., 5110 Clark Avenue & tion, together with two copies of a let- the City of Cleveland: Drive Up Window, Cleveland, Ohio ter of objection and two copies of a Section 1. That Council does hereby 44102, and requests the Director of letter requesting that the hearing be record its objection to the renewal of Liquor Control to set a hearing for held in Cleveland, Cuyahoga County, a C1 Liquor Permit, Permit No. said application in accordance with and a statement by the Director of 15255190005 owned by Clark Petrole- provisions of Section 4303.271 of the Law that, in the Director’s opinion, um, LLC, 5110 Clark Avenue & Drive Revised Code of Ohio. that the objection is based upon sub- Up Window, Cleveland, Ohio 44102, Section 2. That the Clerk of Council stantial legal grounds within the and requests the Director of Liquor be and she is hereby directed to trans- meaning and intent of division (A) of Control to set a hearing for said appli- mit two certified copies of this resolu- Section 4303.292 of the Revised Code to the Director of Liquor Control. cation in accordance with provisions tion, together with two copies of a let- Section 3. That this resolution is of Section 4303.271 of the Revised ter of objection and two copies of a hereby declared to be an emergency Code of Ohio. letter requesting that the hearing be measure and, provided it receives the Section 2. That the Clerk of Council held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all be and she is hereby directed to trans- and a statement by the Director of the members elected to Council, it mit two certified copies of this resolu- Law that, in the Director’s opinion, that the objection is based upon sub- shall take effect and be in force imme- tion, together with two copies of a let- diately upon its adoption and ter of objection and two copies of a stantial legal grounds within the meaning and intent of division (A) of approval by the Mayor; otherwise, it letter requesting that the hearing be Section 4303.292 of the Revised Code shall take effect and be in force from held in Cleveland, Cuyahoga County, to the Director of Liquor Control. and after the earliest period allowed and a statement by the Director of Section 3. That this resolution is by law. Law that, in the Director’s opinion, hereby declared to be an emergency Motion to suspend rules, Charter, that the objection is based upon sub- measure and, provided it receives the and statutory provisions and place stantial legal grounds within the affirmative vote of two-thirds of all on final adoption. meaning and intent of division (A) of the members elected to Council, it The rules were suspended. Yeas Section 4303.292 of the Revised Code shall take effect and be in force imme- 19. Nays 0. Read second time. Read to the Director of Liquor Control. diately upon its adoption and third time in full. Adopted. Yeas Section 3. That this resolution is approval by the Mayor; otherwise, it 19. Nays 0. hereby declared to be an emergency shall take effect and be in force from measure and, provided it receives the and after the earliest period allowed Res. No. 1053-13. affirmative vote of two-thirds of all by law. By Council Member Cleveland. the members elected to Council, it Motion to suspend rules, Charter, An emergency resolution object- shall take effect and be in force imme- and statutory provisions and place ing to the renewal of a D1, D2, D3 diately upon its adoption and on final adoption. and D3A Liquor Permit at 5351-5355 approval by the Mayor; otherwise, it The rules were suspended. Yeas Dolloff Road. shall take effect and be in force from 19. Nays 0. Read second time. Read Whereas, the uniform date for and after the earliest period allowed third time in full. Adopted. Yeas renewal of liquor permits in the by law. 19. Nays 0. State of Ohio is October 1st; and 1353 42 The City Record August 21, 2013

Whereas, pursuant to Section Whereas, the applicant is unfit to legal grounds as set forth in 4303.271 of the Revised Code, the continue to engage in the liquor per- Revised Code Section 4303.292; and legislative authority of a municipal mit business in that he has operat- Whereas, this resolution consti- corporation may object to the renew- ed his liquor permit business in a tutes an emergency measure provid- al of a permit based upon legal manner that demonstrates a disre- ing for the immediate preservation grounds as set forth in division (A) gard for the laws, regulations or of the public peace, prosperity, safe- of Revised Code Section 4303.292; local ordinances of the state, and ty and welfare pursuant to Section and that this objection is based on other 4303.271 of the Ohio Revised Code, Whereas, the applicant is unfit to legal grounds as set forth in objections to renewal of liquor per- continue to engage in the liquor per- Revised Code Section 4303.292; and mits shall be made no later than mit business in that he has operat- Whereas, this resolution consti- thirty days prior to the expiration ed his liquor permit business in a tutes an emergency measure provid- date of the permit; now, therefore, manner that demonstrates a disre- ing for the immediate preservation Be it resolved by the Council of gard for the laws, regulations or of the public peace, prosperity, safe- the City of Cleveland: local ordinances of the state, and ty and welfare pursuant to Section Section 1. That Council does hereby that this objection is based on other 4303.271 of the Ohio Revised Code, record its objection to the renewal of legal grounds as set forth in objections to renewal of liquor per- a C2 and C2X Liquor Permit, Permit Revised Code Section 4303.292; and mits shall be made no later than No. 2848948 owned by 4700 Bridge Ltd., Whereas, this resolution consti- thirty days prior to the expiration DBA Franklin Beverage & Deli, 4719 tutes an emergency measure provid- date of the permit; now, therefore, Franklin Boulevard, 1st floor front, ing for the immediate preservation Be it resolved by the Council of Cleveland, Ohio 44102, and requests of the public peace, prosperity, safe- the City of Cleveland: the Director of Liquor Control to set a ty and welfare pursuant to Section Section 1. That Council does hereby hearing for said application in accor- 4303.271 of the Ohio Revised Code, record its objection to the renewal of dance with provisions of Section objections to renewal of liquor per- a C2 and C2X Liquor Permit, Permit 4303.271 of the Revised Code of Ohio. mits shall be made no later than No. 2566678 owned by Euclid 178, Inc., Section 2. That the Clerk of Council thirty days prior to the expiration DBA Lotus Mini Mart, 17801 Euclid be and she is hereby directed to trans- date of the permit; now, therefore, Avenue, 1st floor only, Cleveland, mit two certified copies of this resolu- Be it resolved by the Council of Ohio 44112, and requests the Director tion, together with two copies of a let- the City of Cleveland: of Liquor Control to set a hearing for ter of objection and two copies of a Section 1. That Council does hereby said application in accordance with letter requesting that the hearing be record its objection to the renewal of provisions of Section 4303.271 of the held in Cleveland, Cuyahoga County, a D1, D2, D3 and D3A Liquor Permit, Revised Code of Ohio. and a statement by the Director of Permit No. 9862110 owned by Your Section 2. That the Clerk of Council Law that, in the Director’s opinion, Place & Mine, LLC, DBA Your Place & be and she is hereby directed to trans- that the objection is based upon sub- Mine, 5351-5355 Dolloff Road, Cleve- mit two certified copies of this resolu- stantial legal grounds within the land, Ohio 44127, and requests the tion, together with two copies of a let- meaning and intent of division (A) of Director of Liquor Control to set a ter of objection and two copies of a Section 4303.292 of the Revised Code hearing for said application in accor- letter requesting that the hearing be to the Director of Liquor Control. dance with provisions of Section held in Cleveland, Cuyahoga County, Section 3. That this resolution is 4303.271 of the Revised Code of Ohio. and a statement by the Director of hereby declared to be an emergency Section 2. That the Clerk of Council Law that, in the Director’s opinion, measure and, provided it receives the be and she is hereby directed to trans- that the objection is based upon sub- affirmative vote of two-thirds of all mit two certified copies of this resolu- stantial legal grounds within the the members elected to Council, it tion, together with two copies of a let- meaning and intent of division (A) of shall take effect and be in force imme- ter of objection and two copies of a Section 4303.292 of the Revised Code diately upon its adoption and letter requesting that the hearing be to the Director of Liquor Control. approval by the Mayor; otherwise, it held in Cleveland, Cuyahoga County, Section 3. That this resolution is shall take effect and be in force from and a statement by the Director of hereby declared to be an emergency and after the earliest period allowed Law that, in the Director’s opinion, measure and, provided it receives the by law. that the objection is based upon sub- affirmative vote of two-thirds of all Motion to suspend rules, Charter, stantial legal grounds within the the members elected to Council, it and statutory provisions and place meaning and intent of division (A) of shall take effect and be in force imme- on final adoption. Section 4303.292 of the Revised Code diately upon its adoption and The rules were suspended. Yeas to the Director of Liquor Control. approval by the Mayor; otherwise, it 19. Nays 0. Read second time. Read Section 3. That this resolution is shall take effect and be in force from third time in full. Adopted. Yeas hereby declared to be an emergency and after the earliest period allowed 19. Nays 0. measure and, provided it receives the by law. affirmative vote of two-thirds of all Motion to suspend rules, Charter, Res. No. 1056-13. the members elected to Council, it and statutory provisions and place By Council Member Zone. shall take effect and be in force imme- on final adoption. An emergency resolution object- diately upon its adoption and The rules were suspended. Yeas ing to the renewal of a C1 Liquor approval by the Mayor; otherwise, it 19. Nays 0. Read second time. Read Permit at 5105 Franklin Avenue. shall take effect and be in force from third time in full. Adopted. Yeas Whereas, the uniform date for and after the earliest period allowed 19. Nays 0. renewal of liquor permits in the by law. State of Ohio is October 1st; and Motion to suspend rules, Charter, Res. No. 1055-13. Whereas, pursuant to Section and statutory provisions and place By Council Member Zone. 4303.271 of the Revised Code, the on final adoption. An emergency resolution object- legislative authority of a municipal The rules were suspended. Yeas ing to the renewal of a C2 and C2X corporation may object to the renew- 19. Nays 0. Read second time. Read Liquor Permit at 4719 Franklin al of a permit based upon legal third time in full. Adopted. Yeas Boulevard, 1st floor front. grounds as set forth in division (A) 19. Nays 0. Whereas, the uniform date for of Revised Code Section 4303.292; renewal of liquor permits in the and Res. No. 1054-13. State of Ohio is October 1st; and Whereas, the applicant is unfit to By Council Member Miller. Whereas, pursuant to Section continue to engage in the liquor per- An emergency resolution object- 4303.271 of the Revised Code, the mit business in that he has operat- ing to the renewal of a C2 and C2X legislative authority of a municipal ed his liquor permit business in a Liquor Permit at 17801 Euclid corporation may object to the renew- manner that demonstrates a disre- Avenue. al of a permit based upon legal gard for the laws, regulations or Whereas, the uniform date for grounds as set forth in division (A) local ordinances of the state, and renewal of liquor permits in the of Revised Code Section 4303.292; that this objection is based on other State of Ohio is October 1st; and and legal grounds as set forth in Whereas, pursuant to Section Whereas, the applicant is unfit to Revised Code Section 4303.292; and 4303.271 of the Revised Code, the continue to engage in the liquor per- Whereas, this resolution consti- legislative authority of a municipal mit business in that he has operat- tutes an emergency measure provid- corporation may object to the renew- ed his liquor permit business in a ing for the immediate preservation al of a permit based upon legal manner that demonstrates a disre- of the public peace, prosperity, safe- grounds as set forth in division (A) gard for the laws, regulations or ty and welfare pursuant to Section of Revised Code Section 4303.292; local ordinances of the state, and 4303.271 of the Ohio Revised Code, and that this objection is based on other objections to renewal of liquor per- 1354 August 21, 2013 The City Record 43 mits shall be made no later than Dixon, DBA Dixon’s Grocery, 9306 Section 2. That the Clerk of Council thirty days prior to the expiration Hough Avenue, Cleveland, Ohio 44106, be and she is hereby directed to trans- date of the permit; now, therefore, and requests the Director of Liquor mit two certified copies of this resolu- Be it resolved by the Council of Control to set a hearing for said appli- tion, together with two copies of a let- the City of Cleveland: cation in accordance with provisions ter of objection and two copies of a Section 1. That Council does hereby of Section 4303.271 of the Revised letter requesting that the hearing be record its objection to the renewal of Code of Ohio. held in Cleveland, Cuyahoga County, a C1 Liquor Permit, Permit No. Section 2. That the Clerk of Council and a statement by the Director of 2714703 owned by 5105 Franklin be and she is hereby directed to trans- Law that, in the Director’s opinion, Avenue, Inc., 5105 Franklin Avenue, mit two certified copies of this resolu- that the objection is based upon sub- Cleveland, Ohio 44102, and requests tion, together with two copies of a let- stantial legal grounds within the the Director of Liquor Control to set a ter of objection and two copies of a meaning and intent of division (A) of hearing for said application in accor- letter requesting that the hearing be Section 4303.292 of the Revised Code dance with provisions of Section held in Cleveland, Cuyahoga County, to the Director of Liquor Control. 4303.271 of the Revised Code of Ohio. and a statement by the Director of Section 3. That this resolution is Section 2. That the Clerk of Council Law that, in the Director’s opinion, hereby declared to be an emergency be and she is hereby directed to trans- that the objection is based upon sub- measure and, provided it receives the mit two certified copies of this resolu- stantial legal grounds within the affirmative vote of two-thirds of all tion, together with two copies of a let- meaning and intent of division (A) of the members elected to Council, it ter of objection and two copies of a Section 4303.292 of the Revised Code shall take effect and be in force imme- letter requesting that the hearing be to the Director of Liquor Control. diately upon its adoption and held in Cleveland, Cuyahoga County, Section 3. That this resolution is approval by the Mayor; otherwise, it and a statement by the Director of hereby declared to be an emergency shall take effect and be in force from Law that, in the Director’s opinion, measure and, provided it receives the and after the earliest period allowed that the objection is based upon sub- affirmative vote of two-thirds of all by law. stantial legal grounds within the the members elected to Council, it Motion to suspend rules, Charter, meaning and intent of division (A) of shall take effect and be in force imme- and statutory provisions and place Section 4303.292 of the Revised Code diately upon its adoption and on final adoption. to the Director of Liquor Control. approval by the Mayor; otherwise, it The rules were suspended. Yeas Section 3. That this resolution is shall take effect and be in force from 19. Nays 0. Read second time. Read hereby declared to be an emergency and after the earliest period allowed third time in full. Adopted. Yeas measure and, provided it receives the by law. 19. Nays 0. affirmative vote of two-thirds of all Motion to suspend rules, Charter, the members elected to Council, it and statutory provisions and place Res. No. 1059-13. shall take effect and be in force imme- on final adoption. By Council Member Brady. diately upon its adoption and The rules were suspended. Yeas An emergency resolution object- approval by the Mayor; otherwise, it 19. Nays 0. Read second time. Read ing to the renewal of a D1, D2, D3 shall take effect and be in force from third time in full. Adopted. Yeas and D3A Liquor Permit at 11619 and after the earliest period allowed 19. Nays 0. Lorain Avenue. by law. Whereas, the uniform date for Motion to suspend rules, Charter, Res. No. 1058-13. renewal of liquor permits in the and statutory provisions and place By Council Member Conwell. State of Ohio is October 1st; and on final adoption. An emergency resolution object- Whereas, pursuant to Section The rules were suspended. Yeas ing to the renewal of a C2 and C2X 4303.271 of the Revised Code, the 19. Nays 0. Read second time. Read legislative authority of a municipal Liquor Permit at 951 Linn Drive, 1st third time in full. Adopted. Yeas corporation may object to the renew- floor. 19. Nays 0. al of a permit based upon legal Whereas, the uniform date for grounds as set forth in division (A) renewal of liquor permits in the Res. No. 1057-13. of Revised Code Section 4303.292; State of Ohio is October 1st; and By Council Member Dow. and Whereas, pursuant to Section An emergency resolution object- Whereas, the applicant is unfit to 4303.271 of the Revised Code, the ing to the renewal of a C2 and C2X continue to engage in the liquor per- legislative authority of a municipal Liquor Permit at 9306 Hough mit business in that he has operat- Avenue. corporation may object to the renew- ed his liquor permit business in a Whereas, the uniform date for al of a permit based upon legal manner that demonstrates a disre- renewal of liquor permits in the grounds as set forth in division (A) gard for the laws, regulations or State of Ohio is October 1st; and of Revised Code Section 4303.292; local ordinances of the state, and Whereas, pursuant to Section and that this objection is based on other 4303.271 of the Revised Code, the Whereas, the applicant is unfit to legal grounds as set forth in legislative authority of a municipal continue to engage in the liquor per- Revised Code Section 4303.292; and corporation may object to the renew- mit business in that he has operat- Whereas, this resolution consti- al of a permit based upon legal ed his liquor permit business in a tutes an emergency measure provid- grounds as set forth in division (A) manner that demonstrates a disre- ing for the immediate preservation of Revised Code Section 4303.292; gard for the laws, regulations or of the public peace, prosperity, safe- and local ordinances of the state, and ty and welfare pursuant to Section Whereas, the applicant is unfit to that this objection is based on other 4303.271 of the Ohio Revised Code, continue to engage in the liquor per- legal grounds as set forth in objections to renewal of liquor per- mit business in that he has operat- Revised Code Section 4303.292; and mits shall be made no later than ed his liquor permit business in a Whereas, this resolution consti- thirty days prior to the expiration manner that demonstrates a disre- tutes an emergency measure provid- date of the permit; now, therefore, gard for the laws, regulations or ing for the immediate preservation Be it resolved by the Council of local ordinances of the state, and of the public peace, prosperity, safe- the City of Cleveland: that this objection is based on other ty and welfare pursuant to Section Section 1. That Council does hereby legal grounds as set forth in 4303.271 of the Ohio Revised Code, record its objection to the renewal of Revised Code Section 4303.292; and objections to renewal of liquor per- a D1, D2, D3 and D3A Liquor Permit, Whereas, this resolution consti- mits shall be made no later than Permit No. 1869990 owned by Cyber tutes an emergency measure provid- thirty days prior to the expiration Weekend, Ltd., DBA Grzejkas Place, ing for the immediate preservation date of the permit; now, therefore, 1st floor and basement, 11619 Lorain of the public peace, prosperity, safe- Be it resolved by the Council of Avenue, Cleveland, Ohio 44102, and ty and welfare pursuant to Section the City of Cleveland: requests the Director of Liquor Con- 4303.271 of the Ohio Revised Code, Section 1. That Council does hereby trol to set a hearing for said applica- objections to renewal of liquor per- record its objection to the renewal of tion in accordance with provisions of mits shall be made no later than a C2 and C2X Liquor Permit, Permit Section 4303.271 of the Revised Code thirty days prior to the expiration No. 5542863 owned by Mario Family, of Ohio. date of the permit; now, therefore, Inc., DBA Scott Food Mart, 951 Linn Section 2. That the Clerk of Council Be it resolved by the Council of Drive, 1st floor, Cleveland, Ohio 44108, be and she is hereby directed to trans- the City of Cleveland: and requests the Director of Liquor mit two certified copies of this resolu- Section 1. That Council does hereby Control to set a hearing for said appli- tion, together with two copies of a let- record its objection to the renewal of cation in accordance with provisions ter of objection and two copies of a a C2 and C2X Liquor Permit, Permit of Section 4303.271 of the Revised letter requesting that the hearing be No. 2211993 owned by George F. Code of Ohio. held in Cleveland, Cuyahoga County, 1355 44 The City Record August 21, 2013 and a statement by the Director of Section 3. That this resolution is diately upon its adoption and Law that, in the Director’s opinion, hereby declared to be an emergency approval by the Mayor; otherwise, it that the objection is based upon sub- measure and, provided it receives the shall take effect and be in force from stantial legal grounds within the affirmative vote of two-thirds of all and after the earliest period allowed meaning and intent of division (A) of the members elected to Council, it by law. Section 4303.292 of the Revised Code shall take effect and be in force imme- Motion to suspend rules, Charter, to the Director of Liquor Control. diately upon its adoption and and statutory provisions and place Section 3. That this resolution is approval by the Mayor; otherwise, it on final adoption. hereby declared to be an emergency shall take effect and be in force from The rules were suspended. Yeas measure and, provided it receives the and after the earliest period allowed 19. Nays 0. Read second time. Read affirmative vote of two-thirds of all by law. third time in full. Adopted. Yeas the members elected to Council, it Motion to suspend rules, Charter, 19. Nays 0. shall take effect and be in force imme- and statutory provisions and place diately upon its adoption and on final adoption. Res. No. 1062-13. approval by the Mayor; otherwise, it The rules were suspended. Yeas By Council Member Kelley. shall take effect and be in force from 19. Nays 0. Read second time. Read An emergency resolution object- and after the earliest period allowed third time in full. Adopted. Yeas ing to the transfer of ownership of by law. 19. Nays 0. a C1 Liquor Permit to 4380 State Motion to suspend rules, Charter, Road. and statutory provisions and place Res. No. 1061-13. Whereas, Council has been noti- on final adoption. By Council Member Dow. fied by the Department of Liquor The rules were suspended. Yeas An emergency resolution object- Control of an application for the 19. Nays 0. Read second time. Read ing to the renewal of a D1, D2, D3, transfer of ownership of a C1 Liquor third time in full. Adopted. Yeas D3A and D6 Liquor Permit at 6702 Permit from State Road Food & Bev- 19. Nays 0. St. Clair Avenue, 1st floor and base- erage, Inc., DBA Save More Mart, ment. 4380 State Road, Cleveland, Ohio Res. No. 1060-13. Whereas, the uniform date for 44109, Permanent Number 8517121 to By Council Member Dow. renewal of liquor permits in the Shree Ganeshai Nama, Inc., DBA An emergency resolution object- State of Ohio is October 1st; and Save More Mart, 4380 State Road, ing to the renewal of a D2, D2X, D3 Whereas, pursuant to Section Cleveland, Ohio 44109, Permanent and D6 Liquor Permit at 6201 St. 4303.271 of the Revised Code, the Number 8112818; and Clair Avenue, 1st floor. legislative authority of a municipal Whereas, the granting of this Whereas, the uniform date for corporation may object to the renew- application for a liquor permit to renewal of liquor permits in the al of a permit based upon legal this high crime area, which is State of Ohio is October 1st; and grounds as set forth in division (A) already saturated with other liquor Whereas, pursuant to Section of Revised Code Section 4303.292; outlets, is contrary to the best inter- 4303.271 of the Revised Code, the and ests of the entire community; and legislative authority of a municipal Whereas, the applicant is unfit to Whereas, the applicant does not corporation may object to the renew- continue to engage in the liquor per- qualify to be a permit holder and/or al of a permit based upon legal mit business in that he has operat- has demonstrated that he has oper- grounds as set forth in division (A) ed his liquor permit business in a ated his liquor business in disregard of Revised Code Section 4303.292; manner that demonstrates a disre- of the laws, regulations or local and gard for the laws, regulations or ordinances of this state or any other local ordinances of the state, and Whereas, the applicant is unfit to state; and that this objection is based on other continue to engage in the liquor per- Whereas, the place for which the legal grounds as set forth in mit business in that he has operat- permit is sought has not conformed Revised Code Section 4303.292; and ed his liquor permit business in a to the building, safety or health Whereas, this resolution consti- manner that demonstrates a disre- requirements of the governing body tutes an emergency measure provid- gard for the laws, regulations or of this County or City; and ing for the immediate preservation local ordinances of the state, and Whereas, the place for which the of the public peace, prosperity, safe- that this objection is based on other ty and welfare pursuant to Section permit is sought is so arranged or legal grounds as set forth in 4303.271 of the Ohio Revised Code, constructed that law enforcement Revised Code Section 4303.292; and objections to renewal of liquor per- officers or agents of the Department Whereas, this resolution consti- mits shall be made no later than of Liquor Control are prevented rea- tutes an emergency measure provid- thirty days prior to the expiration sonable access to the establishment; ing for the immediate preservation date of the permit; now, therefore, and of the public peace, prosperity, safe- Be it resolved by the Council of Whereas, the place for which the ty and welfare pursuant to Section the City of Cleveland: permit is sought is so located with 4303.271 of the Ohio Revised Code, Section 1. That Council does hereby respect to the neighborhood that it objections to renewal of liquor per- record its objection to the renewal of substantially interferes with public mits shall be made no later than a D1, D2, D3, D3A and D6 Liquor Per- decency, sobriety, peace or good thirty days prior to the expiration mit, Permit No. 8988551 owned by Top- order; and date of the permit; now, therefore, cat, LLC, DBA Topcats Pub & Grill, Whereas, this objection is based Be it resolved by the Council of 6702 St. Clair Avenue, 1st floor and on other legal grounds as set forth the City of Cleveland: basement, Cleveland, Ohio 44103, and in Revised Code Section 4303.292; Section 1. That Council does hereby requests the Director of Liquor Con- and record its objection to the renewal of trol to set a hearing for said applica- Whereas, this resolution consti- a D2, D2X, D3 and D6 Liquor Permit, tion in accordance with provisions of tutes an emergency measure provid- Permit No. 2275179 owned by Dot & Section 4303.271 of the Revised Code ing for the immediate preservation Beanies Tavern, Inc., 6201 St. Clair of Ohio. of the public peace, prosperity, safe- Avenue, 1st floor, Cleveland, Ohio Section 2. That the Clerk of Council ty and welfare pursuant to Section 44103, and requests the Director of be and she is hereby directed to trans- 4303.26 of the Ohio Revised Code. Liquor Control to set a hearing for mit two certified copies of this resolu- Council’s objection to said permit said application in accordance with tion, together with two copies of a let- must be received by the Director of provisions of Section 4303.271 of the ter of objection and two copies of a Liquor Control within 30 days of Revised Code of Ohio. letter requesting that the hearing be notification; now, therefore, Section 2. That the Clerk of Council held in Cleveland, Cuyahoga County, Be it resolved by the Council of be and she is hereby directed to trans- and a statement by the Director of the City of Cleveland: mit two certified copies of this resolu- Law that, in the Director’s opinion, Section 1. That Council does hereby tion, together with two copies of a let- that the objection is based upon sub- record its objection to the transfer of ter of objection and two copies of a stantial legal grounds within the ownership of a C1 Liquor Permit from letter requesting that the hearing be meaning and intent of division (A) of State Road Food & Beverage, Inc., held in Cleveland, Cuyahoga County, Section 4303.292 of the Revised Code DBA Save More Mart, 4380 State Road, and a statement by the Director of to the Director of Liquor Control. Cleveland, Ohio 44109, Permanent Law that, in the Director’s opinion, Section 3. That this resolution is Number 8517121 to Shree Ganeshai that the objection is based upon sub- hereby declared to be an emergency Nama, Inc., DBA Save More Mart, 4380 stantial legal grounds within the measure and, provided it receives the State Road, Cleveland, Ohio 44109, meaning and intent of division (A) of affirmative vote of two-thirds of all Permanent Number 8112818; and Section 4303.292 of the Revised Code the members elected to Council, it requests the Director of Liquor Con- to the Director of Liquor Control. shall take effect and be in force imme- trol to set a hearing for said applica- 1356 August 21, 2013 The City Record 45 tion in accordance with provisions of meaning and intent of division (A) of the members elected to Council, it Section 4303.26 of the Revised Code of Section 4303.292 of the Revised Code shall take effect and be in force imme- Ohio. to the Director of Liquor Control. diately upon its adoption and Section 2. That the Clerk of Council Section 3. That this resolution is approval by the Mayor; otherwise, it be and she is hereby directed to trans- hereby declared to be an emergency shall take effect and be in force from mit two certified copies of this resolu- measure and, provided it receives the and after the earliest period allowed tion, together with two copies of a let- affirmative vote of two-thirds of all by law. ter of objection and two copies of a the members elected to Council, it Motion to suspend rules, Charter, letter requesting that the hearing be shall take effect and be in force imme- and statutory provisions and place held in Cleveland, Cuyahoga County. diately upon its adoption and on final adoption. Section 3. That this resolution is approval by the Mayor; otherwise, it The rules were suspended. Yeas hereby declared to be an emergency shall take effect and be in force from 19. Nays 0. Read second time. Read measure and, provided it receives the and after the earliest period allowed third time in full. Adopted. Yeas affirmative vote of two-thirds of all by law. 19. Nays 0. the members elected to Council, it Motion to suspend rules, Charter, shall take effect and be in force imme- and statutory provisions and place Res. No. 1065-13. diately upon its adoption and on final adoption. By Council Member Dow. approval by the Mayor; otherwise, it The rules were suspended. Yeas An emergency resolution object- shall take effect and be in force from 19. Nays 0. Read second time. Read ing to the renewal of a C1 and C2 and after the earliest period allowed third time in full. Adopted. Yeas Liquor Permit at 8023 Superior by law. 19. Nays 0. Avenue. Motion to suspend rules, Charter, Whereas, the uniform date for and statutory provisions and place Res. No. 1064-13. renewal of liquor permits in the on final adoption. By Council Member Dow. State of Ohio is October 1st; and The rules were suspended. Yeas An emergency resolution object- Whereas, pursuant to Section 19. Nays 0. Read second time. Read ing to the renewal of a D1, D2, D3, 4303.271 of the Revised Code, the third time in full. Adopted. Yeas D3A and D6 Liquor Permit at 7017- legislative authority of a municipal 19. Nays 0. 19 Superior Avenue, 1st floor only. corporation may object to the renew- Whereas, the uniform date for al of a permit based upon legal Res. No. 1063-13. renewal of liquor permits in the grounds as set forth in division (A) By Council Member Dow. State of Ohio is October 1st; and of Revised Code Section 4303.292; An emergency resolution object- Whereas, pursuant to Section and ing to the renewal of a D1, D2, D3, 4303.271 of the Revised Code, the Whereas, the applicant is unfit to D3A and D6 Liquor Permit at 6820- legislative authority of a municipal continue to engage in the liquor per- 24 Superior Avenue, 1st floor and corporation may object to the renew- mit business in that he has operat- basement. al of a permit based upon legal ed his liquor permit business in a Whereas, the uniform date for grounds as set forth in division (A) manner that demonstrates a disre- renewal of liquor permits in the of Revised Code Section 4303.292; gard for the laws, regulations or State of Ohio is October 1st; and and local ordinances of the state, and Whereas, pursuant to Section Whereas, the applicant is unfit to that this objection is based on other 4303.271 of the Revised Code, the continue to engage in the liquor per- legal grounds as set forth in legislative authority of a municipal mit business in that he has operat- Revised Code Section 4303.292; and corporation may object to the renew- ed his liquor permit business in a Whereas, this resolution consti- al of a permit based upon legal manner that demonstrates a disre- tutes an emergency measure provid- grounds as set forth in division (A) gard for the laws, regulations or ing for the immediate preservation of Revised Code Section 4303.292; local ordinances of the state, and of the public peace, prosperity, safe- and that this objection is based on other ty and welfare pursuant to Section Whereas, the applicant is unfit to legal grounds as set forth in 4303.271 of the Ohio Revised Code, continue to engage in the liquor per- Revised Code Section 4303.292; and objections to renewal of liquor per- mit business in that he has operat- Whereas, this resolution consti- mits shall be made no later than ed his liquor permit business in a tutes an emergency measure provid- thirty days prior to the expiration manner that demonstrates a disre- ing for the immediate preservation date of the permit; now, therefore, gard for the laws, regulations or of the public peace, prosperity, safe- Be it resolved by the Council of local ordinances of the state, and ty and welfare pursuant to Section that this objection is based on other 4303.271 of the Ohio Revised Code, the City of Cleveland: legal grounds as set forth in objections to renewal of liquor per- Section 1. That Council does hereby Revised Code Section 4303.292; and mits shall be made no later than record its objection to the renewal of Whereas, this resolution consti- thirty days prior to the expiration a C1 and C2 Liquor Permit, Permit No. tutes an emergency measure provid- date of the permit; now, therefore, 2455588 owned by 8023 Food Corp., ing for the immediate preservation Be it resolved by the Council of DBA In & Out Food Deal, 8023 Superi- of the public peace, prosperity, safe- the City of Cleveland: or Avenue, Cleveland, Ohio 44103, and ty and welfare pursuant to Section Section 1. That Council does hereby requests the Director of Liquor Con- 4303.271 of the Ohio Revised Code, record its objection to the renewal of trol to set a hearing for said applica- objections to renewal of liquor per- a D1, D2, D3, D3A and D6 Liquor Per- tion in accordance with provisions of mits shall be made no later than mit, Permit No. 1173725 owned by C & Section 4303.271 of the Revised Code thirty days prior to the expiration S Entertainment, LLC, DBA Club Bot- of Ohio. date of the permit; now, therefore, toms Up, 7017-19, Superior Avenue, 1st Section 2. That the Clerk of Council Be it resolved by the Council of floor only, Cleveland, Ohio 44103, and be and she is hereby directed to trans- the City of Cleveland: requests the Director of Liquor Con- mit two certified copies of this resolu- Section 1. That Council does hereby trol to set a hearing for said applica- tion, together with two copies of a let- record its objection to the renewal of tion in accordance with provisions of ter of objection and two copies of a a D1, D2, D3, D3A and D6 Liquor Per- Section 4303.271 of the Revised Code letter requesting that the hearing be mit, Permit No.41750850005 owned by of Ohio. held in Cleveland, Cuyahoga County, J D L, Inc., 6820-24 Superior Avenue, Section 2. That the Clerk of Council and a statement by the Director of 1st floor and basement, Cleveland, be and she is hereby directed to trans- Law that, in the Director’s opinion, Ohio 44103, and requests the Director mit two certified copies of this resolu- that the objection is based upon sub- of Liquor Control to set a hearing for tion, together with two copies of a let- stantial legal grounds within the said application in accordance with ter of objection and two copies of a meaning and intent of division (A) of provisions of Section 4303.271 of the letter requesting that the hearing be Section 4303.292 of the Revised Code Revised Code of Ohio. held in Cleveland, Cuyahoga County, to the Director of Liquor Control. Section 2. That the Clerk of Council and a statement by the Director of Section 3. That this resolution is be and she is hereby directed to trans- Law that, in the Director’s opinion, hereby declared to be an emergency mit two certified copies of this resolu- that the objection is based upon sub- measure and, provided it receives the tion, together with two copies of a let- stantial legal grounds within the affirmative vote of two-thirds of all ter of objection and two copies of a meaning and intent of division (A) of the members elected to Council, it letter requesting that the hearing be Section 4303.292 of the Revised Code shall take effect and be in force imme- held in Cleveland, Cuyahoga County, to the Director of Liquor Control. diately upon its adoption and and a statement by the Director of Section 3. That this resolution is approval by the Mayor; otherwise, it Law that, in the Director’s opinion, hereby declared to be an emergency shall take effect and be in force from that the objection is based upon sub- measure and, provided it receives the and after the earliest period allowed stantial legal grounds within the affirmative vote of two-thirds of all by law. 1357 46 The City Record August 21, 2013

Motion to suspend rules, Charter, approval by the Mayor; otherwise, it dance with provisions of Section and statutory provisions and place shall take effect and be in force from 4303.26 of the Revised Code of Ohio. on final adoption. and after the earliest period allowed Section 2. That the Clerk of Council The rules were suspended. Yeas by law. be and she is hereby directed to trans- 19. Nays 0. Read second time. Read Motion to suspend rules, Charter, mit two certified copies of this resolu- third time in full. Adopted. Yeas and statutory provisions and place tion, together with two copies of a let- 19. Nays 0. on final adoption. ter of objection and two copies of a The rules were suspended. Yeas letter requesting that the hearing be Res. No. 1066-13. 19. Nays 0. Read second time. Read held in Cleveland, Cuyahoga County. By Council Member Mitchell. third time in full. Adopted. Yeas Section 3. That this resolution is An emergency resolution object- 19. Nays 0. hereby declared to be an emergency ing to a New C1 Liquor Permit at measure and, provided it receives the 3489 East 93rd Street. Res. No. 1067-13. affirmative vote of two-thirds of all Whereas, Council has been noti- By Council Member Miller. the members elected to Council, it fied by the Department of Liquor An emergency resolution object- shall take effect and be in force imme- Control of an application for a New ing to the transfer of Liquor License diately upon its adoption and C1 Liquor Permit at Union 93rd Bev- of a D1 and D2 Liquor Permit to approval by the Mayor; otherwise, it erage, LLC, 3489 East 93rd Street, 12307 St. Clair Avenue. shall take effect and be in force from Cleveland, Ohio 44104, Permit Num- Whereas, Council has been noti- and after the earliest period allowed ber 9152254; and fied by the Department of Liquor by law. Whereas, the granting of this Control of an application for a trans- Motion to suspend rules, Charter, application for a liquor permit to fer of Liquor License of a D1 and and statutory provisions and place this high crime area, which is D2 Liquor Permit from Pasqualina on final adoption. already saturated with other liquor DiBello, DBA DiBello Tavern, 6601 The rules were suspended. Yeas outlets, is contrary to the best inter- Herman Avenue, 1st floor and base- 19. Nays 0. Read second time. Read ests of the entire community; and ment, Cleveland, Ohio 44102, Perma- third time in full. Adopted. Yeas Whereas, the applicant does not nent Number 2127555 to Food Xpress 19. Nays 0. qualify to be a permit holder and/or and Gas, Inc., DBA Gas USA, 12307 has demonstrated that he has oper- St. Clair Avenue, Cleveland, Ohio Res. No. 1091-13. ated his liquor business in disregard 44108, Permanent Number 2805847; By Council Member J. Johnson. of the laws, regulations or local and An emergency resolution support- ordinances of this state or any other Whereas, the granting of this ing the application of The Chesler state; and application for a liquor permit to Group, Inc. to the Ohio Development Whereas, the place for which the this high crime area, which is Services Agency for Ohio Historic permit is sought has not conformed already saturated with other liquor Preservation Tax Credits for the to the building, safety or health outlets, is contrary to the best inter- restoration of the Stager-Beckwith requirements of the governing body ests of the entire community; and Mansion located at 3813 Euclid of this County or City; and Whereas, the applicant does not Avenue. Whereas, the place for which the qualify to be a permit holder and/or Whereas, each year the State of permit is sought is so arranged or has demonstrated that he has oper- Ohio through the Ohio Development constructed that law enforcement ated his liquor business in disregard Services Agency allocates Ohio His- officers or agents of the Department of the laws, regulations or local toric Preservation Tax Credits to of Liquor Control are prevented rea- ordinances of this state or any other encourage private investment in his- sonable access to the establishment; state; and torically significant buildings and Whereas, the place for which the throughout Ohio using a competitive Whereas, the place for which the permit is sought has not conformed proposal process; and permit is sought is so located with to the building, safety or health Whereas, the Cleveland City Coun- respect to the neighborhood that it requirements of the governing body cil has recognized the need to main- substantially interferes with public of this County or City; and tain historic buildings in Cleve- decency, sobriety, peace or good Whereas, the place for which the land’s neighborhoods, and desires to order; and permit is sought is so arranged or have the Stager-Beckwith Mansion, Whereas, this objection is based constructed that law enforcement a prominent, historic, architectural- on other legal grounds as set forth officers or agents of the Department ly significant landmark, restored by in Revised Code Section 4303.292; of Liquor Control are prevented rea- The Chesler Group, Inc. who spe- and sonable access to the establishment; cializes in historic restoration; and Whereas, this resolution consti- and Whereas, located along Cleve- tutes an emergency measure provid- Whereas, the place for which the land’s historic “Euclid Avenue Mil- ing for the immediate preservation permit is sought is so located with lionaire’s Row,” the Stager-Beckwith of the public peace, prosperity, safe- respect to the neighborhood that it Mansion at 3813 Euclid Avenue is ty and welfare pursuant to Section substantially interferes with public one of the few remaining grand 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good Row mansions that are still stand- Council’s objection to said permit order; and ing today; and must be received by the Director of Whereas, this objection is based Whereas, after completion of the Liquor Control within 30 days of on other legal grounds as set forth originally 10,000 square foot mason- notification; now, therefore, in Revised Code Section 4303.292; ry residence in 1868, Euclid Avenue Be it resolved by the Council of and became internationally known for the City of Cleveland: Whereas, this resolution consti- its wealthy residents and unparal- Section 1. That Council does hereby tutes an emergency measure provid- leled architecture, and the early yet record its objection to a New C1 ing for the immediate preservation significant example of Second Liquor Permit at Union 93rd Bever- of the public peace, prosperity, safe- French Empire and Italianate style age, LLC, 3489 East 93rd Street, Cleve- ty and welfare pursuant to Section mansion, sold in 1913 to Cleveland’s land, Ohio 44104, Permit Number 4303.26 of the Ohio Revised Code. prominent University Club that 9152254; and requests the Director of Council’s objection to said permit expanded its footprint to 66,000 Liquor Control to set a hearing for must be received by the Director of square feet, became an important said application in accordance with Liquor Control within 30 days of focus of Cleveland’s social life and provisions of Section 4303.26 of the notification; now, therefore, greatly contributed to Euclid Revised Code of Ohio. Be it resolved by the Council of Avenue’s prestigious status and rep- Section 2. That the Clerk of Council the City of Cleveland: utation; and be and she is hereby directed to trans- Section 1. That Council does hereby Whereas, in 1978, the Stager-Beck- mit two certified copies of this resolu- record its objection to the transfer of with Mansion became one of the tion, together with two copies of a let- Liquor License of a D1 and D2 Liquor first buildings in Cleveland to be ter of objection and two copies of a Permit from Pasqualina DiBello, DBA placed on the National Register of letter requesting that the hearing be DiBello Tavern, 6601 Herman Avenue, Historic Places, highlighting its held in Cleveland, Cuyahoga County. 1st floor and basement, Cleveland, importance as a major contributor to Section 3. That this resolution is Ohio 44102, Permanent Number the history and character of Cleve- hereby declared to be an emergency 2127555 to Food Xpress and Gas, Inc., land; and measure and, provided it receives the DBA Gas USA, 12307 St. Clair Avenue, Whereas, the building has been affirmative vote of two-thirds of all Cleveland, Ohio 44108, Permanent vacant since 2009; and the members elected to Council, it Number 2805847; and requests the Whereas, The Chesler Group, Inc. shall take effect and be in force imme- Director of Liquor Control to set a now plans to perform a complete diately upon its adoption and hearing for said application in accor- historic restoration of the interior 1358 August 21, 2013 The City Record 47 and exterior of the Stager-Beckwith gard for the laws, regulations or Whereas, the place for which the Mansion in compliance with the Sec- local ordinances of the state, and permit is sought is so arranged or retary of the Interior’s Standards for that this objection is based on other constructed that law enforcement Rehabilitation of Historic Buildings legal grounds as set forth in officers or agents of the Department to be used for office and conference Revised Code Section 4303.292; and of Liquor Control are prevented rea- space; and Whereas, this resolution consti- sonable access to the establishment; Whereas, restoration of this high- tutes an emergency measure provid- and ly significant structure will ensure ing for the immediate preservation Whereas, the place for which the the Mansion’s continued existence of the public peace, prosperity, safe- permit is sought is so located with as one of the greatest, and last, ty and welfare pursuant to Section respect to the neighborhood that it architectural testaments to this peri- 4303.271 of the Ohio Revised Code, substantially interferes with public od of Cleveland’s history; and objections to renewal of liquor per- decency, sobriety, peace or good Whereas, the completion of this mits shall be made no later than order; and project will set a strong example of thirty days prior to the expiration Whereas, this objection is based the continued importance of the date of the permit; now, therefore, on other legal grounds as set forth revitalization of Cleveland’s neigh- Be it resolved by the Council of in Revised Code Section 4303.292; borhoods, will positively stimulate the City of Cleveland: and the local economy with skilled con- Section 1. That Council does hereby Whereas, this resolution consti- struction jobs and local investment, record its objection to the renewal of tutes an emergency measure provid- and preserve a local landmark that a D5 Liquor Permit, Permit No. ing for the immediate preservation has received support from Cleveland 47172320001 owned by Kloos & Das of the public peace, prosperity, safe- State University and the community Co., Inc., DBA Red Pepper Lounge, ty and welfare pursuant to Section at large; and 7115-19 Lorain Avenue and West 73rd 4303.26 of the Ohio Revised Code. Whereas, Cleveland City Council Street, Cleveland, Ohio 44102, and Council’s objection to said permit supports The Chesler Group, Inc.’s requests the Director of Liquor Con- must be received by the Director of proposal for restoring the Stager- trol to set a hearing for said applica- Liquor Control within 30 days of Beckwith Mansion as a high priori- tion in accordance with provisions of notification; now, therefore, ty initiative for future development Section 4303.271 of the Revised Code Be it resolved by the Council of in the community for the benefit the of Ohio. the City of Cleveland: citizens of the City of Cleveland; Section 2. That the Clerk of Council Section 1. That Council does hereby and be and she is hereby directed to trans- record its objection to a New C1 Whereas, this resolution consti- mit two certified copies of this resolu- Liquor Permit at Touma, LLC, DBA J tutes an emergency measure for the tion, together with two copies of a let- J S Grab & Go, 4282 West 130th Street, immediate preservation of public ter of objection and two copies of a Cleveland, Ohio 44135, Permit Number peace, property, health or safety, letter requesting that the hearing be 9009245; and requests the Director of now, therefore, held in Cleveland, Cuyahoga County, Liquor Control to set a hearing for Be it resolved by the Council of and a statement by the Director of said application in accordance with the City of Cleveland: Law that, in the Director’s opinion, provisions of Section 4303.26 of the Section 1. That this Council sup- that the objection is based upon sub- Revised Code of Ohio. ports the application of The Chesler stantial legal grounds within the Section 2. That the Clerk of Council be and she is hereby directed to trans- Group, Inc. to the Ohio Development meaning and intent of division (A) of Section 4303.292 of the Revised Code mit two certified copies of this resolu- Services Agency for Ohio Historic to the Director of Liquor Control. tion, together with two copies of a let- Preservation Tax Credits for the Section 3. That this resolution is ter of objection and two copies of a restoration of the Stager-Beckwith hereby declared to be an emergency letter requesting that the hearing be Mansion located at 3813 Euclid measure and, provided it receives the held in Cleveland, Cuyahoga County. Avenue. affirmative vote of two-thirds of all Section 3. That this resolution is Section 2. That the Clerk of Council the members elected to Council, it hereby declared to be an emergency is hereby directed to transmit a copy shall take effect and be in force imme- measure and, provided it receives the of this resolution to Michael Chesler, diately upon its adoption and affirmative vote of two-thirds of all President, The Chesler Group Inc. approval by the Mayor; otherwise, it the members elected to Council, it Section 3. That this resolution is shall take effect and be in force from shall take effect and be in force imme- hereby declared to be an emergency and after the earliest period allowed diately upon its adoption and measure and, provided it receives the by law. approval by the Mayor; otherwise, it affirmative vote of two-thirds of all Motion to suspend rules, Charter, shall take effect and be in force from the members elected to Council, it and statutory provisions and place and after the earliest period allowed shall take effect and be in force imme- on final adoption. by law. diately upon its adoption and The rules were suspended. Yeas Motion to suspend rules, Charter, approval by the Mayor; otherwise it 19. Nays 0. Read second time. Read and statutory provisions and place shall take effect and be in force from third time in full. Adopted. Yeas on final adoption. and after the earliest period allowed 19. Nays 0. The rules were suspended. Yeas by law. 19. Nays 0. Read second time. Read Motion to suspend rules, Charter, Res. No. 1162-13. third time in full. Adopted. Yeas and statutory provisions and place By Council Member Brady. 19. Nays 0. on final adoption. An emergency resolution object- The rules were suspended. Yeas ing to a New C1 Liquor Permit at Res. No. 1163-13. 19. Nays 0. Read second time. Read 4282 West 130th Street. By Council Member Cummins. third time in full. Adopted. Yeas Whereas, Council has been noti- An emergency resolution object- 19. Nays 0. fied by the Department of Liquor ing to the renewal of a D5 Liquor Control of an application for a New Permit at 3194 West 25th Street, 1st Res. No. 1161-13. C1 Liquor Permit at Touma LLC, floor and basement. By Council Member Zone. DBA J J S Grab & Go, 4282 West Whereas, the uniform date for An emergency resolution object- 130th Street, Cleveland, Ohio 44135, renewal of liquor permits in the ing to the renewal of a D5 Liquor Permit Number 9009245; and State of Ohio is October 1st; and Permit at 7115-19 Lorain Avenue and Whereas, the granting of this Whereas, pursuant to Section West 73rd Street. application for a liquor permit to 4303.271 of the Revised Code, the Whereas, the uniform date for this high crime area, which is legislative authority of a municipal renewal of liquor permits in the already saturated with other liquor corporation may object to the renew- State of Ohio is October 1st; and outlets, is contrary to the best inter- al of a permit based upon legal Whereas, pursuant to Section ests of the entire community; and grounds as set forth in division (A) 4303.271 of the Revised Code, the Whereas, the applicant does not of Revised Code Section 4303.292; legislative authority of a municipal qualify to be a permit holder and/or and corporation may object to the renew- has demonstrated that he has oper- Whereas, the applicant is unfit to al of a permit based upon legal ated his liquor business in disregard continue to engage in the liquor per- grounds as set forth in division (A) of the laws, regulations or local mit business in that he has operat- of Revised Code Section 4303.292; ordinances of this state or any other ed his liquor permit business in a and state; and manner that demonstrates a disre- Whereas, the applicant is unfit to Whereas, the place for which the gard for the laws, regulations or continue to engage in the liquor per- permit is sought has not conformed local ordinances of the state, and mit business in that he has operat- to the building, safety or health that this objection is based on other ed his liquor permit business in a requirements of the governing body legal grounds as set forth in manner that demonstrates a disre- of this County or City; and Revised Code Section 4303.292; and 1359 48 The City Record August 21, 2013

Whereas, this resolution consti- thirty days prior to the expiration M. Carr, DBA Crystal Sports Bar, 3357- tutes an emergency measure provid- date of the permit; now, therefore, 59 Fulton Road, 1st floor, Cleveland, ing for the immediate preservation Be it resolved by the Council of Ohio 44109, and requests the Director of the public peace, prosperity, safe- the City of Cleveland: of Liquor Control to set a hearing for ty and welfare pursuant to Section Section 1. That Council does hereby said application in accordance with 4303.271 of the Ohio Revised Code, record its objection to the renewal of provisions of Section 4303.271 of the objections to renewal of liquor per- a D1, D2, D3, D3A and D6 Liquor Per- Revised Code of Ohio. mits shall be made no later than mit, Permit No. 2779680 owned by Section 2. That the Clerk of Council thirty days prior to the expiration Flextron, LLC, DBA Gotcha Inn, 3232 be and she is hereby directed to trans- date of the permit; now, therefore, Lakeside Avenue and basement, mit two certified copies of this resolu- Be it resolved by the Council of Cleveland, Ohio 44114, and requests tion, together with two copies of a let- the City of Cleveland: the Director of Liquor Control to set a ter of objection and two copies of a Section 1. That Council does hereby hearing for said application in accor- letter requesting that the hearing be record its objection to the renewal of dance with provisions of Section held in Cleveland, Cuyahoga County, a D5 Liquor Permit, Permit No. 4303.271 of the Revised Code of Ohio. and a statement by the Director of 8917129 owned by 3194 Tavern, LLC, Section 2. That the Clerk of Council Law that, in the Director’s opinion, DBA Stumble Inn, 3194 West 25th be and she is hereby directed to trans- that the objection is based upon sub- Street, 1st floor and basement, Cleve- mit two certified copies of this resolu- stantial legal grounds within the land, Ohio 44109, and requests the tion, together with two copies of a let- meaning and intent of division (A) of Director of Liquor Control to set a ter of objection and two copies of a Section 4303.292 of the Revised Code hearing for said application in accor- letter requesting that the hearing be to the Director of Liquor Control. dance with provisions of Section held in Cleveland, Cuyahoga County, Section 3. That this resolution is 4303.271 of the Revised Code of Ohio. and a statement by the Director of hereby declared to be an emergency Section 2. That the Clerk of Council Law that, in the Director’s opinion, measure and, provided it receives the be and she is hereby directed to trans- that the objection is based upon sub- affirmative vote of two-thirds of all mit two certified copies of this resolu- stantial legal grounds within the the members elected to Council, it tion, together with two copies of a let- meaning and intent of division (A) of shall take effect and be in force imme- ter of objection and two copies of a Section 4303.292 of the Revised Code diately upon its adoption and letter requesting that the hearing be to the Director of Liquor Control. approval by the Mayor; otherwise, it held in Cleveland, Cuyahoga County, Section 3. That this resolution is shall take effect and be in force from and a statement by the Director of hereby declared to be an emergency and after the earliest period allowed Law that, in the Director’s opinion, measure and, provided it receives the by law. that the objection is based upon sub- affirmative vote of two-thirds of all Motion to suspend rules, Charter, stantial legal grounds within the the members elected to Council, it and statutory provisions and place meaning and intent of division (A) of shall take effect and be in force imme- on final adoption. Section 4303.292 of the Revised Code diately upon its adoption and The rules were suspended. Yeas to the Director of Liquor Control. approval by the Mayor; otherwise, it 19. Nays 0. Read second time. Read Section 3. That this resolution is shall take effect and be in force from third time in full. Adopted. Yeas hereby declared to be an emergency and after the earliest period allowed 19. Nays 0. measure and, provided it receives the by law. affirmative vote of two-thirds of all Motion to suspend rules, Charter, Res. No. 1166-13. the members elected to Council, it and statutory provisions and place By Council Member Brady. shall take effect and be in force imme- on final adoption. An emergency resolution object- diately upon its adoption and The rules were suspended. Yeas approval by the Mayor; otherwise, it 19. Nays 0. Read second time. Read ing to the transfer of ownership of shall take effect and be in force from third time in full. Adopted. Yeas a D5 Liquor Permit to 3349 West and after the earliest period allowed 19. Nays 0. 117th Street, 1st floor and rear. by law. Whereas, Council has been noti- Motion to suspend rules, Charter, Res. No. 1165-13. fied by the Department of Liquor and statutory provisions and place By Council Member Cummins. Control of an application for the on final adoption. An emergency resolution object- transfer of ownership of a D5 Liquor The rules were suspended. Yeas ing to the renewal of a D2, D2X, D3 Permit from Fidelity Sports, Inc., 19. Nays 0. Read second time. Read and D3A Liquor Permit at 3357-59 DBA Fidelity Bar, 3349 West 117th third time in full. Adopted. Yeas Fulton Road, 1st floor. Street, 1st floor and rear, Cleveland, 19. Nays 0. Whereas, the uniform date for Ohio 44111, Permanent Number renewal of liquor permits in the 2714691 to Chief’s Headquarters, Res. No. 1164-13. State of Ohio is October 1st; and Inc., DBA HQ Lounge, 3349 West By Council Member Cimperman. Whereas, pursuant to Section 117th Street, 1st floor and rear, An emergency resolution object- 4303.271 of the Revised Code, the Cleveland, Ohio 44111, Permanent ing to the renewal of a D1, D2, D3, legislative authority of a municipal Number 1428979; and D3A and D6 Liquor Permit at 3232 corporation may object to the renew- Whereas, the granting of this Lakeside Avenue and basement. al of a permit based upon legal application for a liquor permit to Whereas, the uniform date for grounds as set forth in division (A) this high crime area, which is renewal of liquor permits in the of Revised Code Section 4303.292; already saturated with other liquor State of Ohio is October 1st; and and outlets, is contrary to the best inter- Whereas, pursuant to Section Whereas, the applicant is unfit to ests of the entire community; and 4303.271 of the Revised Code, the continue to engage in the liquor per- Whereas, the applicant does not legislative authority of a municipal mit business in that he has operat- qualify to be a permit holder and/or corporation may object to the renew- ed his liquor permit business in a has demonstrated that he has oper- al of a permit based upon legal manner that demonstrates a disre- ated his liquor business in disregard grounds as set forth in division (A) gard for the laws, regulations or of the laws, regulations or local of Revised Code Section 4303.292; local ordinances of the state, and ordinances of this state or any other and that this objection is based on other state; and Whereas, the applicant is unfit to legal grounds as set forth in Whereas, the place for which the continue to engage in the liquor per- Revised Code Section 4303.292; and permit is sought has not conformed mit business in that he has operat- Whereas, this resolution consti- to the building, safety or health ed his liquor permit business in a tutes an emergency measure provid- requirements of the governing body manner that demonstrates a disre- ing for the immediate preservation of this County or City; and gard for the laws, regulations or of the public peace, prosperity, safe- Whereas, the place for which the local ordinances of the state, and ty and welfare pursuant to Section permit is sought is so arranged or that this objection is based on other 4303.271 of the Ohio Revised Code, constructed that law enforcement legal grounds as set forth in objections to renewal of liquor per- officers or agents of the Department Revised Code Section 4303.292; and mits shall be made no later than of Liquor Control are prevented rea- Whereas, this resolution consti- thirty days prior to the expiration sonable access to the establishment; tutes an emergency measure provid- date of the permit; now, therefore, and ing for the immediate preservation Be it resolved by the Council of Whereas, the place for which the of the public peace, prosperity, safe- the City of Cleveland: permit is sought is so located with ty and welfare pursuant to Section Section 1. That Council does hereby respect to the neighborhood that it 4303.271 of the Ohio Revised Code, record its objection to the renewal of substantially interferes with public objections to renewal of liquor per- a D2, D2X, D3 and D3A Liquor Permit, decency, sobriety, peace or good mits shall be made no later than Permit No.1282064 owned by Patricia order; and 1360 August 21, 2013 The City Record 49

Whereas, this objection is based ed at 11815 Lorain Avenue as a high ommended by Committee on City on other legal grounds as set forth priority initiative for future devel- Planning. in Revised Code Section 4303.292; opment in the community for the The rules were suspended. Yeas and benefit the citizens of the City of 19. Nays 0. Read second time. Read Whereas, this resolution consti- Cleveland; and third time in full. Passed. Yeas 19. tutes an emergency measure provid- Whereas, this resolution consti- Nays 0. ing for the immediate preservation tutes an emergency measure for the of the public peace, prosperity, safe- immediate preservation of public Ord. No. 834-13. ty and welfare pursuant to Section peace, property, health or safety, By Council Member J. Johnson. 4303.26 of the Ohio Revised Code. now, therefore, An emergency ordinance designat- Council’s objection to said permit Be it resolved by the Council of ing the German Baptist Publication must be received by the Director of the City of Cleveland: Society Building (1926) as a Cleve- Liquor Control within 30 days of Section 1. That this Council sup- land Landmark. notification; now, therefore, ports the application of the Friends of Approved by Directors of City Plan- Be it resolved by the Council of the Historic Variety Theatre, Inc. to ning Commission, Law; Passage rec- the City of Cleveland: the Ohio Development Services ommended by Committee on City Section 1. That Council does hereby Agency for State Historic Tax Credits Planning. record its objection to the transfer of for the Variety Theatre Building The rules were suspended. Yeas ownership of a D5 Liquor Permit from located at 11815 Lorain Avenue. 19. Nays 0. Read second time. Read Fidelity Sports, Inc., DBA Fidelity Section 2. That the Clerk of Council third time in full. Passed. Yeas 19. Bar, 3349 West 117th Street, 1st floor is hereby directed to transmit two Nays 0. and rear, Cleveland, Ohio 44111, Per- copies of this resolution to Chad Dash- manent Number 2714691 to Chief’s er, Executive Director, of Westown Ord. No. 835-13. Headquarters, Inc., DBA HQ Lounge, Community Development Corpora- By Council Member J. Johnson. 3349 West 117th Street, 1st floor and tion. An emergency ordinance designat- rear, Cleveland, Ohio 44111, Perma- Section 3. That this resolution is ing Glenville New Life Community nent Number 1428979; and requests hereby declared to be an emergency Church (formerly Glenville Presby- the Director of Liquor Control to set a measure and, provided it receives the terian Church) as a Cleveland Land- hearing for said application in accor- affirmative vote of two-thirds of all mark. dance with provisions of Section the members elected to Council, it Approved by Directors of City Plan- 4303.26 of the Revised Code of Ohio. shall take effect and be in force imme- ning Commission, Law; Passage rec- Section 2. That the Clerk of Council diately upon its adoption and ommended by Committee on City be and she is hereby directed to trans- approval by the Mayor; otherwise it Planning. mit two certified copies of this resolu- shall take effect and be in force from The rules were suspended. Yeas tion, together with two copies of a let- and after the earliest period allowed 19. Nays 0. Read second time. Read ter of objection and two copies of a by law. third time in full. Passed. Yeas 18. letter requesting that the hearing be Motion to suspend rules, Charter, Nays 1. held in Cleveland, Cuyahoga County. and statutory provisions and place Those voting yea: Council Mem- Section 3. That this resolution is on final adoption. bers Sweeney, Brady, Brancatelli, hereby declared to be an emergency The rules were suspended. Yeas Cimperman, Cleveland, Conwell, measure and, provided it receives the 19. Nays 0. Read second time. Read Cummins, Dow, J. Johnson, K. John- affirmative vote of two-thirds of all third time in full. Adopted. Yeas son, Keane, Kelley, Mitchell, the members elected to Council, it 19. Nays 0. Polensek, Pruitt, Reed, Westbrook shall take effect and be in force imme- and Zone. diately upon its adoption and SECOND READING EMERGENCY Those voting nay: Council Member approval by the Mayor; otherwise, it ORDINANCES PASSED Miller. shall take effect and be in force from and after the earliest period allowed Ord. No. 750-13. Ord. No. 836-13. by law. By Council Members Keane and By Council Member J. Johnson. Motion to suspend rules, Charter, Kelley (by departmental request). An emergency ordinance designat- and statutory provisions and place An emergency ordinance authoriz- ing the Mary and Matthew Stepp on final adoption. ing the purchase by one or more House (Dr. Morris Stepp House; Gors- The rules were suspended. Yeas requirement contracts of FAA- ki House) as a Cleveland Landmark. 19. Nays 0. Read second time. Read approved deicing chemicals, for the Approved by Directors of City Plan- third time in full. Adopted. Yeas various divisions of the Department ning Commission, Law; Passage rec- 19. Nays 0. of Port Control, for a period of one ommended by Committee on City year, with a one-year option to renew, Planning. Res. No. 1169-13. exercisable by the Director of Port The rules were suspended. Yeas By Council Member Brady. Control. 19. Nays 0. Read second time. Read An emergency resolution support- Approved by Directors of Port Con- third time in full. Passed. Yeas 19. ing the application of the Friends of trol, Finance, Law; Passage recom- Nays 0. the Historic Variety Theatre, Inc. to mended by Committees on Aviation the Ohio Development Services and Transportation, Finance. Ord. No. 842-13. Agency for State Historic Tax Cred- The rules were suspended. Yeas By Council Members Mitchell and its for the Variety Theatre Building 19. Nays 0. Read second time. Read Kelley (by departmental request). located at 11815 Lorain Avenue. third time in full. Passed. Yeas 19. An emergency ordinance to amend Whereas, each year the State of Nays 0. Section 171.40 of the Codified Ordi- Ohio through the Ohio Development nances of Cleveland, Ohio, 1976, as Services Agency allocates State His- Ord. No. 832-13. amended by Ordinance No. 1246-12, toric Tax Credits for historic rede- By Council Member J. Johnson. passed October 15, 2012, relating to velopment projects throughout Ohio An emergency ordinance designat- the use of City credit cards. using a competitive proposal ing The Shovel Works (also known as Approved by Directors of Finance, process; and the Chisholm Steel Shovel Works) as Law; Passage recommended by Com- Whereas, the Cleveland City Coun- a Cleveland Landmark. mittees on Legislation, Finance. cil recognizes the need to maintain Approved by Directors of City Plan- The rules were suspended. Yeas historic buildings in Cleveland’s ning Commission, Law; Passage rec- 19. Nays 0. Read second time. Read neighborhoods; and ommended by Committee on City third time in full. Passed. Yeas 19. Whereas, the Friends of the His- Planning. Nays 0. toric Variety Theatre, Inc., propose The rules were suspended. Yeas a substantial rehabilitation and 19. Nays 0. Read second time. Read Ord. No. 843-13. adaptive reuse of the former Vari- third time in full. Passed. Yeas 19. By Council Members Mitchell and ety Theatre Building into ground- Nays 0. Kelley (by departmental request). floor commercial and retail space, An emergency ordinance to amend second floor apartments as well as Ord. No. 833-13. Section 8 of Ordinance No. 360-13, a repurposing of the former theatre By Council Member J. Johnson. passed March 25, 2013, relating to a space into a smaller entertainment An emergency ordinance designat- lease at 1449 West 117th Street from venue; and ing the German Baptist Publication Montlack Realty, or their designees, Whereas, Cleveland City Council Society Building (1878) as a Cleve- for the purpose of providing office supports the Friends of the Historic land Landmark. space for the Adult Probation Depart- Variety Theatre, Inc.’s proposal for Approved by Directors of City Plan- ment of the Cleveland Municipal the Variety Theatre Building locat- ning Commission, Law; Passage rec- Court. 1361 50 The City Record August 21, 2013

Approved by Directors of Finance, land Avenue from west of East 89th Approved by Directors of Port Con- Law; Passage recommended by Com- Street to East 116th Street (Martin trol, Finance, Law; Passage recom- mittees on Legislation, Finance. Luther King Jr. Drive) in the City of mended by Committees on Aviation The rules were suspended. Yeas Cleveland; authorizing the Director and Transportation, Finance. 19. Nays 0. Read second time. Read of Capital Projects to enter into any The rules were suspended. Yeas third time in full. Passed. Yeas 19. relative agreements; to apply for and 19. Nays 0. Read second time. Read Nays 0. accept any gifts or grants for this pur- third time in full. Passed. Yeas 19. pose from any public or private enti- Nays 0. Ord. No. 846-13. ty; authorizing one or more contracts By Council Members Brancatelli, with consultants, and agreements Ord. No. 855-13. Kelley and Cummins (by departmen- with public and private entities; and By Council Members Keane and tal request). authorizing the Commissioner of Pur- Kelley (by departmental request). An emergency ordinance to amend chases and Supplies to acquire, An emergency ordinance authoriz- Grant Agreement No. CT 8006 SG 2013- accept, and record for right-of-way ing the Director of Port Control to 057 with the Near West Side Multi-Ser- purposes any real property and ease- exercise the first option to renew Con- vice Corporation located at 4115 ments necessary to make the improve- tract No. PS 2011-268 with the Society Bridge Avenue executed on March 18, ment. for Human Resource Management to 2013, to provide an additional emer- Approved by Directors of Capital provide professional technical and gency repair grant for the May Dugan Projects, City Planning Commission, general training and development Center located at 4115 Bridge Avenue. Finance, Law; Passage recommended content, activities, and programs in Approved by Directors of Communi- by Committees on Public Service, City support of employee performance and Planning, Finance, when amended, as ty Development, Finance, Law; Pas- professional development programs follows: sage recommended by Committees on at Cleveland Hopkins International 1. In Section 17, at the end, strike Community and Economic Develop- Airport and Burke Lakefront Airport, the period and insert “, RQS 0103, ment, Finance, when amended, as fol- Department of Port Control. lows: RL 2013-120.”. Amendment agreed to. Approved by Directors of Port Con- 1. In Section 1, line 6, after “14 SF trol, Finance, Law; Passage recom- 036” insert a period and strike “, The rules were suspended. Yeas 19. Nays 0. Read second time. Read mended by Committees on Aviation Request No. 8006, RL 2011-143.”. and Transportation, Finance. Amendment agreed to. third time in full. Passed. Yeas 19. Nays 0. The rules were suspended. Yeas The rules were suspended. Yeas In compliance with Section 33 of 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read the Charter a copy of the legislation third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. was furnished to each member of Nays 0. Nays 0. Council before final passage. In compliance with Section 33 of Ord. No. 856-13. the Charter a copy of the legislation Ord. No. 851-13. By Council Members Keane and was furnished to each member of By Council Members Cimperman, Kelley (by departmental request). Council before final passage. Miller, Cleveland and Kelley (by An emergency ordinance authoriz- departmental request). ing the Director of Port Control to Ord. No. 847-13. An emergency ordinance authoriz- exercise the first option to renew var- By Council Members Mitchell and ing the Director of Capital Projects to ious contracts entered into under the Kelley (by departmental request). issue a permit to Ohio City Develop- authority of Ordinance No. 190-07, An emergency ordinance authoriz- ment Partners, LLC to encroach into passed March 12, 2007, to provide auto- ing the Director of Finance, on behalf the public right-of-way of Detroit motive parts, supplies, and services of the Cleveland Municipal Court, to Avenue by installing, using, and necessary for vehicle maintenance, apply for and accept a grant from the maintaining 8 front overhanging bal- including labor and materials and Cuyahoga County Corrections Plan- conies and sunshades. installation, for the Department of ning Board for the Domestic Interven- Approved by Directors of Capital Port Control. tion, Education & Training (D.I.E.T.) Projects, City Planning Commission, Approved by Directors of Port Con- Program. Finance, Law; Passage recommended trol, Finance, Law; Passage recom- Approved by Directors of Finance, by Committees on Public Service, City Law; Passage recommended by Com- mended by Committees on Aviation Planning, Finance. and Transportation, Finance. mittees on Legislation, Finance. The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. Nays 0. Nays 0. Nays 0. Ord. No. 852-13. Ord. No. 848-13. By Council Members Cleveland, Ord. No. 857-13. By Council Members Westbrook, Miller and Kelley (by departmental By Council Members Brancatelli. Miller and Kelley (by departmental request). Cleveland, Kelley and Cummins (by request). An emergency ordinance authoriz- departmental request). An emergency ordinance approving ing the Director of Capital Projects to An emergency ordinance authoriz- the report of the assessment equaliza- issue a permit to Slavic Village Devel- ing the Director of Community Devel- tion boards on objections concerning opment to encroach into the public opment to lease certain property estimated assessments to relay and right-of-way of Avenue located at 5163 Broadway Avenue, for- repair sidewalks (including adjust- between East 49th Street and Mead merly known as St. Michael’s Hospi- ments of castings, if necessary) Avenue S.E. by installing, using, and tal, to Fast Track Cycling, Inc. for the encroaching upon the public right-of- maintaining the Broadway Arch Pub- purpose of constructing, developing way on Clifton Boulevard from West lic Art Project. and operating a cycling facility, for a 115th Street to Lake Avenue; deter- Approved by Directors of Capital term not to exceed four years; and mining to proceed with the improve- Projects, City Planning Commission, authorizing the Commissioner of Pur- ments; and adopting the equalized Finance, Law; Passage recommended chases and Supplies to enter into an assessments. by Committees on Public Service, City Option to Purchase Agreement with Approved by Directors of Capital Planning, Finance. Fast Track Cycling, Inc. in connec- Projects, Finance, Law; Passage rec- The rules were suspended. Yeas tion with the sale of the property. ommended by Committees on Public 19. Nays 0. Read second time. Read Approved by Directors of Communi- Service, Finance. third time in full. Passed. Yeas 19. ty Development, City Planning Com- The rules were suspended. Yeas Nays 0. mission, Finance, Law; Passage rec- 19. Nays 0. Read second time. Read ommended by Committees on Commu- third time in full. Passed. Yeas 19. Ord. No. 854-13. nity and Economic Development, City Nays 0. By Council Members Keane and Planning, Finance. Kelley (by departmental request). The rules were suspended. Yeas Ord. No. 850-13. An emergency ordinance authoriz- 19. Nays 0. Read second time. Read By Council Members K. Johnson, ing the Director of Port Control to third time in full. Passed. Yeas 19. Mitchell, Miller and Kelley (by exercise the first option to renew Con- Nays 0. departmental request). tract No. PS 2011-267 with Rand An emergency ordinance giving Worldwide Subsidiary Inc., dba Imag- Ord. No. 858-13. consent of the City of Cleveland to the init Technologies to provide technical By Council Members Cimperman, Director of Transportation of the support relating to AutoCad software Miller, Cleveland and Kelley (by State of Ohio for rehabilitating Wood- for the Department of Port Control. departmental request). 1362 August 21, 2013 The City Record 51

An emergency ordinance to vacate Ord. No. 862-13. SECOND READING a portion of Franklin Avenue, N.W. By Council Members Keane and ORDINANCES PASSED Approved by Directors of Capital Kelley (by departmental request). Projects, City Planning Commission, An emergency ordinance authoriz- Ord. No. 212-12. Finance, Law; Passage recommended ing the Director of Port Control to By Council Member Miller. by Committees on Public Service, City employ one or more professional con- An ordinance changing the Use and Planning, Finance. sultants to provide grant writing and Height Districts of land on the south- The rules were suspended. Yeas resource development services, for a west side of Ivanhoe Road near Man- 19. Nays 0. Read second time. Read period of one year with three one-year dalay Avenue to a Semi-Industry Use third time in full. Passed. Yeas 19. options to renew, the second of which District and a ‘3’ Height District (Map Nays 0. is exercisable through additional leg- Change Number 2383, Sheet 7). islative authority. Approved by Directors of City Ord. No. 859-13. Approved by Directors of Port Con- Planning Commission, Law; Passage By Council Members Sweeney, trol, Finance, Law; Passage recom- recommended by Committees on City Miller, Cleveland and Kelley (by mended by Committees on Aviation Planning. departmental request). and Transportation, Finance. The rules were suspended. Yeas An emergency ordinance to vacate The rules were suspended. Yeas 19. Nays 0. Read second time. Read a portion of Brookpark Road and a 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. portion of Relocated Grayton Road. Nays 0. Approved by Directors of Capital third time in full. Passed. Yeas 19. Nays 0. Projects, City Planning Commission, Ord. No. 837-13. Finance, Law; Passage recommended Ord. No. 863-13. By Council Member Cimperman. by Committees on Public Service, City An ordinance to change the Use Dis- Planning, Finance. By Council Members Pruitt and Kelley (by departmental request). trict of lands at the northwest corner The rules were suspended. Yeas of Willey Avenue and W. 17th Street 19. Nays 0. Read second time. Read An emergency ordinance authoriz- ing the purchase by one or more from General Industry to Semi-Indus- third time in full. Passed. Yeas 19. try (map change no. 2442). Nays 0. requirement contracts of landscape materials, supplies, and services, Approved by Directors of City including labor and materials needed Planning Commission, Law; Passage Ord. No. 860-13. recommended by Committees on City By Council Members Sweeney, to maintain, test, install, replace, improve, restore, and refurbish land- Planning, Finance. Miller, Cleveland and Kelley (by The rules were suspended. Yeas departmental request). scaping and tree lawns located at City-owned or leased Public Utility 19. Nays 0. Read second time. Read An emergency ordinance to vacate third time in full. Passed. Yeas 19. facilities and other City right-of- a portion of Dr., S.W. Nays 0. Approved by Directors of Capital ways, for the Divisions of Water, Projects, City Planning Commission, Water Pollution Control, and Cleve- Finance, Law; Passage recommended land Public Power, Department of SECOND READING EMERGENCY by Committees on Public Service, City Public Utilities, for a period up to two RESOLUTIONS ADOPTED Planning, Finance. years, with two one-year options to The rules were suspended. Yeas renew, the first of which requires Res. No. 838-13. 19. Nays 0. Read second time. Read additional legislative authority. By Council Members Cimperman, third time in full. Passed. Yeas 19. Approved by Directors of Public Miller, Cleveland and Kelley (by Nays 0. Utilities, Finance, Law; Passage rec- departmental request). ommended by Committees on Public An emergency resolution declaring Ord. No. 861-13. Utilities, Finance. the intent to vacate a portion of Jef- By Council Members Miller, Cleve- The rules were suspended. Yeas ferson Avenue S.W. Approved by Directors of Capital land, Kelley and Cummins (by depart- 19. Nays 0. Read second time. Read Projects, City Planning Commission, mental request). third time in full. Passed. Yeas 19. Finance, Law; Adoption recommend- An emergency ordinance determin- Nays 0. ing the method of making the public ed by Committees on Public Service, City Planning, Finance. improvement of constructing Ord. No. 975-13. The rules were suspended. Yeas improvements to the hillside on and By Council Members Westbrook, 19. Nays 0. Read second time. Read adjoining the Impound Lot at 4300 Brancatelli and Kelley (by depart- third time in full. Adopted. Yeas 19. Bradley Road; authorizing the Direc- mental request). Nays 0. tor of Capital Projects to enter into An emergency ordinance authoriz- one or more contracts for the making ing an amendment to the Project Res. No. 839-13. of the improvement. Agreement with Orlean WT II, LLC Approved by Directors of Capital By Council Members Zone, Miller, relating to the renovation of the for- Cleveland and Kelley (by departmen- Projects, City Planning Commission, mer West Technical High School field Finance, Law; Passage recommended tal request). property located at 2201 West 93rd An emergency resolution declaring by Committees on Public Service, City Street into residential housing and to Planning, Finance, when amended, as the intent to vacate a portion of Bach- allow the sale of land for parking. man Court S.W. follows: Approved by Directors of Communi- 1. In Section 1, lines 3 and 4, Approved by Directors of Capital ty Development, Finance, Law; Pas- Projects, City Planning Commission, strike “Bradley Road (the “Improve- sage recommended by Committees on ment”) and insert “ Finance, Law; Adoption recommend- Bradley Road; Community and Economic Develop- and evaluating further erosion of ed by Committees on Public Service, ment, Finance, when amended, as fol- the hillside, including the land City Planning, Finance. lows: known as the Bradley Road landfill The rules were suspended. Yeas 1. In Section 1, line 10, after “time- (the “Improvement”)”. 19. Nays 0. Read second time. Read lines;” insert “so long as such a plan 2. Insert new Section 4 to read as third time in full. Adopted. Yeas 19. requires that the proceeds of the follows: Nays 0. sale of the land referred to above as “Section 4. That the Director of Part A shall be applied toward debt Capital Projects is authorized to Res. No. 840-13. seek additional funding sources for encumbering the land referred to By Council Members Cleveland, the Improvement as it relates to the above as Part B”. Miller and Kelley (by departmental erosion of the hillside”. 2. Strike Section 2 in its entirety. request). 3. Renumber existing Sections 4 3. Renumber existing sections 3, 4 An emergency resolution declaring and 5 to new “Section 5” and “Sec- and 5 as new “Section 2”, “Section 3”, the intent to vacate a portion of Grand tion 6”. and “Section 4”. Avenue S.E. Amendments agreed to. Amendments agreed to. Approved by Directors of Capital The rules were suspended. Yeas The rules were suspended. Yeas Projects, City Planning Commission, 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read Finance, Law; Adoption recommend- third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. ed by Committees on Public Service, Nays 0. Nays 0. City Planning, Finance. In compliance with Section 33 of In compliance with Section 33 of The rules were suspended. Yeas the Charter a copy of the legislation the Charter a copy of the legislation 19. Nays 0. Read second time. Read was furnished to each member of was furnished to each member of third time in full. Adopted. Yeas 19. Council before final passage. Council before final passage. Nays 0. 1363 52 The City Record August 21, 2013

Res. No. 841-13. Present: Directors Langhenry, documents and perform all acts nec- By Council Members Cummins, Acting Director Johnson, Directors essary to effect the consent to the Miller, Cleveland and Kelley (by Smith, Cox, Acting Directors assignment of City Contract No. CT departmental request). Gehlmann, Cosgrove, Directors 4004 PS2012*176. An emergency resolution declaring Nichols, Fumich and Rybka. Yeas: Directors Langhenry, Act- the intent to vacate a portion of the Absent: Mayor Jackson, Directors ing Director Johnson, Directors 1st Un-Named Alley north of Denison Dumas, Butler and Southerington. Smith, Cox, Acting Directors Avenue S.W. and west of West 48th Others: Jomarie Wasik, Director, Gehlmann, Cosgrove, Directors Street. Mayor’s Office of Capital Projects. Nichols, Fumich and Rybka. Approved by Directors of Capital L. Peculis, Acting Director, Office Nays: None. Projects, City Planning Commission, of Equal Opportunity. Absent: Mayor Jackson, Directors Finance, Law; Adoption recommend- On motions, the following resolu- Dumas, Butler and Southerington. ed by Committees on Public Service, tions were adopted, except as may City Planning, Finance. be otherwise noted: Resolution No. 469-13. The rules were suspended. Yeas By Director Wasik. Resolution No. 467-13. 19. Nays 0. Read second time. Read Whereas, Resolution No. 399-13, By Director Bender. third time in full. Adopted. Yeas 19. adopted by this Board on July 17, Be it resolved by the Board of Nays 0. 2013, authorized the Director of the Control of the City of Cleveland that Mayor’s Office of Capital Projects to the employment of the following enter into a contract with Perk Com- Res. No. 978-13. subcontractor by Energy Mechanical By Council Members Cimperman pany, Inc. as the lowest responsible Corp., Inc. under Contract No. bidder for the Public Improvement and Cummins. RC2012*49 for labor and materials to of U.S. 322 (Chester Avenue and E. An emergency resolution endorsing provide maintenance, repair, 13th Street) between U.S. 6 and East the continued existence of a Healthy enhancement and/or replacement of 93rd Street, in the aggregate amount Cleveland through the second initia- heating, ventilation and air condi- of $5,187,874.80 and approved various tive of collaboration with the Mayor tioning systems, including rental, subcontractors; and and the four hospital systems in for a period of two years, for the Whereas, Perk Company, Inc. has Cleveland that are lending their staff, various divisions of the Department proposed to employ an additional expertise, and research efforts to of Public Utilities, is approved: subcontractor for the project; now, reach this goal. therefore, Approved by Directors of Public Subcontractors Work Be it resolved by the Board of Health, Finance, Law; Adoption rec- Percentage Control of the City of Cleveland that ommended by Committees on Health Resolution No. 399-13, adopted July and Human Services, Finance, when Direct Air Systems, Inc. $10,000.00 17, 2013, is amended by adding the amended, as follows: 1.182% following to the list of subcontrac- 1. In the fourth whereas clause, tors approved for employment by line 4, strike “February 28, 2001” and Yeas: Directors Langhenry, Act- Perk Company, Inc. insert “March 28, 2011”. ing Director Johnson, Directors The rules were suspended. Yeas Smith, Cox, Acting Directors SUBCONTRACTOR AMOUNT 19. Nays 0. Read second time. Read Gehlmann, Cosgrove, Directors PERCENTAGE third time in full. Adopted. Yeas 19. Nichols, Fumich and Rybka. Nays 0. Nays: None. Burton Scot Contractors $2,986,012.35 In compliance with Section 33 of Absent: Mayor Jackson, Directors 57.56% the Charter a copy of the legislation Dumas, Butler and Southerington. was furnished to each member of Be it further resolved that all Resolution No. 468-13. Council before final adoption. other provisions of Resolution No. By Director Wasik. 399-13 not expressly amended above Whereas, under the authority of MOTION shall remain unchanged and in full Ordinance No. 1508-11, passed by the force and effect. Council of the City of Cleveland on The Council Meeting adjourned at Yeas: Directors Langhenry, Act- December 5, 2011, and Resolution No. 3:56 p.m. to meet at the call of the ing Director Johnson, Directors 123-12, adopted by this Board of Con- Chair. The next regular Council Smith, Cox, Acting Directors trol on March 21, 2012, the City Meeting is scheduled for Monday, Gehlmann, Cosgrove, Directors through its Director of the Capital September 16, 2013, at 7:00 p.m. in Nichols, Fumich and Rybka. Projects entered into Contract No. the Council Chamber. Nays: None. CT 4004 PS2012*176 with RW Arm- strong & Associates, Inc. for the pro- Absent: Mayor Jackson, Directors fessional engineering services nec- Dumas, Butler and Southerington. essary for the Larchmere Streetscape Rehabilitation (Martin Resolution No. 470-13. Luther King Blvd. to North More- By Director Cox. land Blvd.); and Whereas, the City of Cleveland Whereas, by its letter dated July through its Director of Public 23, 2013, CHA Consulting Inc. noti- Works entered into City Contract fied the City that RW Armstrong & No. CT 7012-PS2010-356 in the Associates, Inc. has merged with amount of $33,550.00 on December 8, Patricia J. Britt 2010 with the Osborn Engineering City Clerk, Clerk of Council CHA Consulting Inc. and requested the City’s consent to assignment of Company for the professional archi- City Contract No. CT 4004 tectural and engineering services PS2012*176, effective June 14, 2012; necessary to design and implement THE CALENDAR now, therefore, improvements to structures in Erie Be it resolved by the Board of Street and Monroe Street Cemeteries; Control of the City of Cleveland that and The following measures will be on this Board acknowledges the merg- Whereas, the City desires to mod- ify City Contract No. CT 7012-PS2010- their final passage at the next meet- er of RW Armstrong & Associates, Inc. into CHA Consulting Inc. effec- 356 to obtain additional professional ing: tive June 14, 2012, and authorizes services necessary for construction NONE the Director of Capital Projects to document preparation and construc- consent on behalf of the City, to tion administration; and assignment of City Contract No. CT Whereas, the Osborn Engineering BOARD OF CONTROL 4004 PS2012*176 with RW Armstrong Company has proposed by its June & Associates, Inc. for professional 18, 2013 letter to perform the above- engineering services necessary for mentioned additional services for a August 14, 2013 the Larchmere Streetscape Rehabili- fee not to exceed $52,600.00; now, tation (Martin Luther King Jr. Blvd. therefore, The Regular meeting of the Board to North Moreland Blvd.) to CHA Be it resolved by the Board of of Control convened in the Mayor’s Consulting Inc. Control of the City of Cleveland that office on Wednesday, August 14, Be it further resolved that the under the authority of Ordinance No. 2013 at 10:45 a.m. with Director Director of Capital Projects is autho- 537-12 passed by the Council of the Langhenry presiding. rized to complete and execute all City of Cleveland May 14, 2012, the 1364 August 21, 2013 The City Record 53

Director of Public Works is autho- No. 137-25-008 located on 13706 Coath requested a hold of the proposed rized to enter into a first modifica- Avenue in Ward 2; and sale within 45 days of notification tion to Contract No. CT 7012-PS2010- Whereas, Section 183.021 of the of it; 356 with the Osborn Engineering Codified Ordinances of Cleveland, 2. The proposed purchaser of the Company to obtain the above-men- Ohio, 1976 authorizes the Commis- parcels is neither tax delinquent nor tioned additional architectural and sioner of Purchases and Supplies, in violation of the Building and engineering services necessary for when directed by the Director of Housing Code; now, therefore, the Erie Street and Monroe Street Community Development and when Be it resolved by the Board of Cemetery Structure Improvements certain specified conditions have Control of the City of Cleveland that for an additional fee not to exceed been met, to sell Land Reutilization under Section 183.021 of the Codified $52,600.00, thereby increasing the Program parcels; and Ordinances of Cleveland, Ohio, 1976, total compensation under the con- Whereas, Tawanda Demmings has the Commissioner of Purchases and tract to $86,150.00. proposed to the City to purchase and Supplies is authorized, when direct- Be it further resolved that the develop the parcel for yard expan- ed by the Director of Community employment of the following sub- sion; and Development, and the Mayor is consultants for the services to be Whereas, the following conditions requested, to execute an Official performed under the above-autho- exist: Deed for and on behalf of the City rized first modification is approved: 1. The member of Council from of Cleveland, with Jacqueline Fort Ward 2 has approved the proposed for the sale and development of Per- SUBCONSULTANT AMOUNT sale or has not disapproved or manent Parcel No. 137-03-056 located PERCENTAGE requested a hold of the proposed at 12805 Benham Avenue, according sale within 45 days of notification to the Land Reutilization Program McGuiness Unlimited, Inc. of it; in such manner as best carries out (CSB/FBE) $ 4,750.00 2. The proposed purchaser of the the intent of the program. 5.514% parcels is neither tax delinquent nor Be it further resolved that the con- in violation of the Building and sideration for the sale of the parcel mbi k2m Architecture, Inc. Housing Code; now, therefore, shall be $1.00, which amount is (other) $15,400.00 Be it resolved by the Board of determined to be not less than the Control of the City of Cleveland that fair market value of the parcel for Yeas: Directors Langhenry, Act- under Section 183.021 of the Codified uses according to the Program. Ordinances of Cleveland, Ohio, 1976, Yeas: Directors Langhenry, Act- ing Director Johnson, Directors the Commissioner of Purchases and ing Director Johnson, Directors Smith, Cox, Acting Directors Supplies is authorized, when direct- Smith, Cox, Acting Directors Gehlmann, Cosgrove, Directors ed by the Director of Community Gehlmann, Cosgrove, Directors Nichols, Fumich and Rybka. Development, and the Mayor is Nichols, Fumich and Rybka. Nays: None. requested, to execute an Official Nays: None. Absent: Mayor Jackson, Directors Deed for and on behalf of the City Absent: Mayor Jackson, Directors Dumas, Butler and Southerington. of Cleveland, with Tawanda Dem- Dumas, Butler and Southerington. mings for the sale and development Resolution No. 471-13. of Permanent Parcel No. 137-25-008 Resolution No. 474-13. By Director Rush. located on 13706 Coath Avenue, By Director Rush. Whereas, Board of Control Reso- according to the Land Reutilization Whereas, under Ordinance No. lution No. 76-13, adopted February Program in such manner as best car- 2076-76 passed October 25, 1976, the 20, 2013, authorized the sale and ries out the intent of the program. City is conducting a Land Reuti- development of Permanent Parcel Be it further resolved that the con- lization Program (“Program”) No. 125-01-082 to Sonya Hughes for sideration for the sale of the parcel according to the provisions of Chap- yard expansion, as part of the City shall be $1.00, which amount is ter 5722 of the Ohio Revised Code; Land Reutilization Program estab- determined to be not less than the and lished under Ordinance No. 2076-76, fair market value of the parcel for Whereas, under the Program, the passed by the Cleveland City Coun- uses according to the Program. City has acquired Permanent Parcel cil on October 25, 1976; and Yeas: Directors Langhenry, Act- No. 104-14-052 located at 5821 Superi- Whereas, in the seventh para- ing Director Johnson, Directors or Avenue in Ward 7; and graph, Resolution No. 76-13 incor- Smith, Cox, Acting Directors Whereas, Section 183.021 of the rectly identified the sale price as Gehlmann, Cosgrove, Directors Codified Ordinances of Cleveland, being $400.00; now, therefore, Nichols, Fumich and Rybka. Ohio, 1976 authorizes the Commis- Be it resolved by the Board of Nays: None. sioner of Purchases and Supplies, Control of the City of Cleveland that Absent: Mayor Jackson, Directors when directed by the Director of Resolution No. 76-13, adopted by this Dumas, Butler and Southerington. Community Development and when Board February 20, 2013, authorizing certain specified conditions have the sale and development of Perma- Resolution No. 473-13. been met, to sell Land Reutilization nent Parcel No. 125-01-082 to Sonya By Director Rush. Program parcels; and Hughes for yard expansion, is Whereas, under Ordinance No. Whereas, Robert Lanier has pro- amended by substituting $200.00 as 2076-76 passed October 25, 1976, the posed to the City to purchase and the sale price for $400.00, where City is conducting a Land Reuti- develop the parcel for parking lot; appearing in the resolution. lization Program (“Program”) and Be it further resolved that all according to the provisions of Chap- Whereas, the following conditions other provisions of Resolution No. ter 5722 of the Ohio Revised Code; exist: 76-13 not expressly amended above and 1. The member of Council from shall remain unchanged and in full Whereas, under the Program, the Ward 7 has approved the proposed force and effect. City has acquired Permanent Parcel sale or has not disapproved or Yeas: Directors Langhenry, Act- No. 137-03-056 located at 12805 Ben- requested a hold of the proposed ing Director Johnson, Directors ham Avenue in Ward 4; and sale within 45 days of notification Smith, Cox, Acting Directors Whereas, Section 183.021 of the of it; Gehlmann, Cosgrove, Directors Codified Ordinances of Cleveland, 2. The proposed purchaser of the Nichols, Fumich and Rybka. Ohio, 1976 authorizes the Commis- parcel is neither tax delinquent nor Nays: None. sioner of Purchases and Supplies, in violation of the Building and Absent: Mayor Jackson, Directors when directed by the Director of Housing Code; now, therefore, Dumas, Butler and Southerington. Community Development and when Be it resolved by the Board of certain specified conditions have Control of the City of Cleveland that Resolution No. 472-13. been met, to sell Land Reutilization under Section 183.021 of the Codified By Director Rush. Program parcels; and Ordinances of Cleveland, Ohio, 1976, Whereas, under Ordinance No. Whereas, Jacqueline Fort has pro- the Commissioner of Purchases and 2076-76 passed October 25, 1976, the posed to the City to purchase and Supplies is authorized, when direct- City is conducting a Land Reuti- develop the parcel for yard expan- ed by the Director of Community lization Program (“Program”) sion; and Development, and the Mayor is according to the provisions of Chap- Whereas, the following conditions requested, to execute an Official ter 5722 of the Ohio Revised Code; exist: Deed for and on behalf of the City and 1. The member of Council from of Cleveland, with Robert Lanier for Whereas, under the Program, the Ward 4 has approved the proposed the sale and development of Perma- City has acquired Permanent Parcel sale or has not disapproved or nent Parcel No. 104-14-052 located at 1365 54 The City Record August 21, 2013

5821 Superior Avenue, according to CIVIL SERVICE NOTICES 203.45' parcel in an AA1 Limited the Land Reutilization Program in ______One-Family District; proposing a such manner as best carries out the 17'-4" mean height contrary to Sec- intent of the program. General Information tion 353.05 in the Cleveland Codified Be it further resolved that the con- Application blanks and informa- Ordinances that limits to a maxi- sideration for the sale of the parcel tion, regarding minimum entrance mum height of 15' accessory build- shall be $3,000.00, which amount is qualifications, scope of examination, ings in a residence district. determined to be not less than the and suggested reference materials fair market value of the parcel for may be obtained at the office of the Calendar No. 13-162: 5466 Broadway uses according to the Program. Civil Service Commission, Room 119, Avenue (Ward 5) Yeas: Directors Langhenry, Act- City Hall, East 6th Street, and Lake- Milan Radjenovic, owner, and ing Director Johnson, Directors side Avenue. Regina Witherspoon, prospective Smith, Cox, Acting Directors tenant, appeal to establish use as an Gehlmann, Cosgrove, Directors Application blanks must be prop- assembly hall for parties and events Nichols, Fumich and Rybka. erly filled out on the official form an existing one-story building on a Nays: None. prescribed by the Civil Service Com- 28' x 150' parcel in a C2 Local Absent: Mayor Jackson, Directors mission and filed at the office of the Retail Business District; subject to Dumas, Butler and Southerington. commission not later than the final the restrictions under Section 343.01 closing date slated in the examina- the use is not permitted and first permitted in a General Retail Busi- Resolution No. 475-13. tion announcement. By Director Rush. ness District if it is no closer than 500 feet from a residence district, a Whereas, under Ordinance No. EXAMINATION RESULTS: Each church or a school pursuant to Sec- 2076-76 passed October 25, 1976, the applicant whether passing or failing City is conducting a Land Reuti- tion 347.12(a)(1) and the proposed will be notified of the results of the use is within 500 feet of a residence lization Program (“Program”) examination as soon as the commis- according to the provisions of Chap- district to the southwest, a church sion has graded the papers. There- (Our Lady of Lourdes Parish, 3395 ter 5722 of the Ohio Revised Code; after, eligible lists will be estab- and East 53rd Street), and a school lished which will consist of the (Broadway Hope Academy, 3398 Whereas, under the Program, the names of those candidates who have City has acquired Permanent Parcel East 55th Street); and in accordance been successful in all parts of the with Section 349.04(e) an accessory, No. 118-27-061 located at 2169 East examination. 78th Street in Ward 5; and off-street area equal to three times Whereas, Section 183.021 of the the gross floor area of the building PHYSICAL EXAMINATION: All is required. Codified Ordinances of Cleveland, candidates for original entrance po- Ohio 1976 authorizes the Commis- sitions who are successful in other Calendar No. 13-163: 16625 Euclid sioner of Purchases and Supplies, parts of the examinations must sub- Avenue (Ward 10) when directed by the Director of mit to a physical examination. SNS Properties LLC, owner, and Community Development and when Belal Odat appeal to establish use certain specified conditions have as a tire sales and service shop on been met, to sell Land Reutilization ROBERT BENNETT, a 134.92' x 173.80' parcel in a D2 Program parcels; and President Local Retail Business District; the Whereas, Shelton Tufts has pro- proposed use contrary to Section posed to the City to purchase and SCHEDULE OF THE BOARD 343.01 and is first permitted in a develop the parcel for Yard Expan- General Retail District in accor- sion; and OF ZONING APPEALS dance with provisions under Section Whereas, the following conditions 343.14: exist: (a) no motor vehicle service TUESDAY, SEPTEMBER 3, 2013 1. The member of Council from garage shall be located on a parcel Ward 5 has consented to the pro- within 100 feet of a Residence Dis- posed sale; 9:30 A.M. trict unless the following conditions 2. The proposed purchaser of the are met: parcel is neither tax delinquent nor Calendar No. 13-159: 1293 West 9th (1) a solid board-on-board wood in violation of the Building and Street (Ward 3) fence or brick or stone wall at least Housing Code; now, therefore, Valentina Lucic dba Tomo 6 feet in height is placed along any Be it resolved by the Board of Hibachi Restaurant and Lounge property line abutting a Residence Control of the City of Cleveland that appeal under the authority of Sec- District in addition to any otherwise under Section 183.021 of Codified tion 76-6 of the Charter of the City required landscaping; Ordinances of Cleveland, Ohio 1976, of Cleveland and Section 329.02(d) (2) no motor vehicle repair activ- the Commissioner of Purchases and of the Cleveland Codified Ordi- ity occurs within 10 feet of a Resi- Supplies is authorized, when direct- nances from a disapproved applica- dence District; ed by the Director of Community tion on July 1, 2013 by the Director (3) no service bay or garage door Development, and the Mayor is of the Office of Capital Projects for is oriented toward a Residence Dis- requested to execute an Official a temporary occupancy permit, as trict. Deed for and on behalf of the City required under Cleveland Codified (b) No service station shall be of Cleveland, with Shelton Tufts for Ordinance 513.09 and regarding the located on a “mid-block” property the sale and development of Perma- property located at 1293 West 9th except if located on a street with a nent Parcel No. 118-27-061 located at Street. right-of-way 80 feet wide (“mid- 2169 East 78th Street, Cleveland, block” is any property other than a Ohio 44103, according to the Land Calendar No. 13-160: 1616 West 25th corner property located at the inter- Reutilization Program in such man- Street (Ward 3) section of 2 streets). ner as best carries out the intent of Ojala Properties, LLC and Maria (c) No motor vehicle repairs shall the program. Keckan appeal under the authority be performed before 7:00 a.m. or Be it further resolved that the con- of Section 76-6 of the Charter of the after 9:00 p.m. sideration for said parcel shall be City of Cleveland and Section (d) A motor vehicle service sta- $1.00, which amount is determined to 329.02(d) of the Cleveland Codified tion shall include no more than 4 be not less than the Fair Market Ordinances from the plan approval service bays- for corner properties value of said parcel for uses accord- and Permit B13023272 issued to such service bays shall be oriented ing to the Program. Clear Channel Outdoor by the City to a street characterized by com- Yeas: Directors Langhenry, Act- of Cleveland Department of Build- mercial or industrial uses as ing Director Johnson, Directors ing and Housing for repair of a bill- opposed to residential or local retail Smith, Cox, Acting Directors board located at 1616 West 25th uses, if 1 or more of the abutting Gehlmann, Cosgrove, Directors Street. streets can be so characterized. Nichols, Fumich and Rybka. Building and Housing Department Nays: None. Calendar No. 13-161: 10019 Cliff Drive may consult with the City Planning Absent: Mayor Jackson, Directors (Ward 16) Commission in making such deter- Dumas, Butler and Southerington. William Gallagher, owner, appeals mination. to change the roof height on an (e) All tires, barrels, discarded JEFFREY B. MARKS, existing residential masonry auto parts and outdoor storage of Secretary garage, located on a 108.11' x materials, used or sold on the 1366 August 21, 2013 The City Record 55 premises must be screened from Calendar No. 13-143: 3300 Clinton REPORT OF THE BOARD view from adjacent properties and Avenue OF BUILDING STANDARDS streets by a “screen barrier” as Jason Bristol and Alex Frondorf required under Section 352.10; appealed to erect a single family AND BUILDING APPEALS (f) No commercial tractor trailer residence with attached open walk- or semi-trailer, except trailers way and garage in a B1 Two-Fami- designed to be pulled by passenger ly District. Re: Report of the Meeting of automobiles may be parked on the August 14, 2013 premises for more than 4 hours The following appeal was within any 24 hour period, except in DENIED: case of emergency. Not more than 4 As required by the provisions of Section 3103.20(2) of the Codified customer vehicles may be stored Calendar No. 13-93: 1290 Old River Ordinances of the City of Cleveland, overnight in an outdoor location and Road a vehicle that is not in working Telecom Acquisition Corporation I Ohio 1976, the following brief of order shall not be stored on such appealed from a decision of the action of the subject meeting is premises for more than 48 hours. Commissioner of the Cleveland Divi- given for publication in the City sion of Assessments and Licenses Record: Calendar No. 13-164: 3000 Bridge regarding the regulations estab- Avenue (Ward 3) lished in Section 457.10 of the Cleve- * * * WSCH LLC, owner, and Damon land Codified Ordinances. Taseff appeal to change use from Docket A-81-13. office and educational to a store and The following appeal was WITH- RE: Appeal of Farley J. Seldon, 21 apartment units a four-story DRAWN: Owner of the Two Dwelling Units vacant structure located in a B1 Two-Family Residence Two & Two-Family District; subject to the None. One/half One Story Frame Property, limitations under Section 337.03 the located on the premises known as use for apartments is not permitted The following appeal was DIS- 3036 East 111th Street from a and first permitted in a Multi-Fami- MISSED: NOTICE OF VIOLATION — EXTE- ly District and a commercial use is RIOR MAINTENANCE, dated Febru- first permitted in a Local Retail Calendar No. 13-137: Violation Notice ary 13, 2013 of the Director of the Business District according to Sec- 4190 Victory Boulevard Department of Building and Hous- tion 343.01; and contrary to Section Jacqueline Young appealed from a ing, requiring compliance with the 349.04 a proposed 15 parking spaces notice of violation issued by the Codified Ordinances of the City of are provided contrary to 23 off-street Cleveland Division of Waste Collec- Cleveland and the Ohio Building parking spaces required; and a tion under Civil Infraction Ticket Code (OBC). gross floor area of 25,926 square feet Number WC00161398. BE IT RESOLVED, a motion is in is proposed contrary to Section order at this time, by Emergency 355.04 and a maximum lot coverage The following appeals were POST- Resolution, to require that the of 6,264 square feet that is allowed. PONED: debris be removed and the front steps be repaired within two (2) weeks, and to grant the Appellant Violation Notice Calendar No. 13-139: 2843 Franklin ninety (90) days in which to com- Calendar No. 13-165: 13021 West Boulevard postponed to October 7, plete abatement of all violations on Avenue ((Ward 18) 2013. AAA Asset Management LLC and the property; the property is REMANDED at this time to the Ahmad Assad appeal under the Calendar No. 13-144: 1089 West 3rd authority of Section 76-6 of the Char- Department of Building and Hous- Street postponed to October 7, ing for supervision and any required ter of the City of Cleveland and Sec- 2013. tion 329.02(d) of the Cleveland Cod- further action. Motion so in order. Motioned by Mr. Bradley and sec- ified Ordinances and disputes the Calendar No. 13-145: 1180 West 9th onded by Mr. Gallagher. decision rendered by the City of Street postponed to October 7, Yeas: Messrs. Denk, Gallagher, Cleveland Parking Violations 2013. Saab, Bradley, Maschke Nays: None Bureau Waste Collection and Photo Safety Division on August 7, 2013 The following appeals heard by * * * and the violation information the Board on August 12, 2013 were described on Civil Infraction Ticket adopted and approved on August 19, Docket A-92-13. Number WC00069856, issued June 4, 2013. 2013 for the property located at RE: Appeal of William Burns, 13021 West Avenue and failure to Owner of the One Dwelling Unit Sin- The following appeals were gle-Family Residence Two & comply with Section 551.111(B) in APPROVED: the Cleveland Codified Ordinances. One/half Story Frame Property, located on the premises known as Calendar No. 13-54: 1261 West 76th 1107 East 146th Street from a CON- Secretary Street DEMNATION ORDER — MAIN Gillespie Brothers Ltd. appealed STRUCTURE & GARAGE, dated REPORT OF THE BOARD for use and Certificate of Occupan- March 13, 2013 of the Director of the cy as a bar with entertainment, an Department of Building and Hous- OF ZONING APPEALS outdoor patio and a canopy in a ing, requiring compliance with the Planned Unit Development District Codified Ordinances of the City of within a G3 Multi-Family District; Cleveland and the Ohio Building MONDAY, AUGUST 19, 2013 subject to conditions. Code (OBC). BE IT RESOLVED, a motion is in At the meeting of the Board of Calendar No. 13-115: 2005 West order at this time to DENY the Zoning Appeals on Monday, August Schaaf Road appeal request for additional time, 19, 2013, the following appeals were Brooklyn Heights United Church noting the condition of the property; scheduled for hearing before the appealed to erect two (2) double- the property is REMANDED at this Board. faced LED message center cabinets time to the Department of Building attached to existing ground signs in and Housing for supervision and The following appeals were a D1 Multi-Family District. any required further action. Motion APPROVED: so in order. Motioned by Mr. Gal- The following appeal was lagher and seconded by Mr. Calendar No. 13-142: 3483 West DENIED: Maschke. Boulevard Yeas: Messrs. Denk, Gallagher, Emerald Development and Eco- Calendar No. 13-138: 17904 South Saab, Bradley, Maschke Nays: None nomic Network, Incorporated, owner, Waterloo Road and Cleveland Play House, prospec- Michael Mauer, tenant, appealed * * * tive purchaser, appealed to use an from a denied application for a existing house for 12 residents par- motor vehicle repair garage license Docket A-94-13. ticipating in a Cleveland Play by the Commissioner of the Cleve- RE: Appeal of Lorain Real Estate House apprenticeship program locat- land Division of Assessments and Corp., Owner of the M Mercantile – ed in an A1 One-Family District; Licenses. Retail Shops, Carry-out Food Shops subject to condition. Secretary Semi-Industry Property, located on 1367 56 The City Record August 21, 2013 the premises known as 2186 Brook- Director of the Department of Build- for reconstruction of the property, park Road from a NOTICE OF VIO- ing and Housing, requiring compli- noting that failure to meet either LATION — EXTERIOR MAINTE- ance with the Codified Ordinances deadline will result in the property NANCE, dated March 6, 2013 of the of the City of Cleveland and the being REMANDED immediately, Director of the Department of Build- Ohio Building Code (OBC). and that no habilitation of the prop- ing and Housing, requiring compli- BE IT RESOLVED, a motion is in erty is permitted; the property is ance with the Codified Ordinances order at this time to DENY the REMANDED at this time to the of the City of Cleveland and the request for additional time and to Department of Building and Hous- Ohio Building Code (OBC). REMAND the property to the ing for supervision and any required Docket A-94-13 has been WITH- Department of Building and Hous- further action. Motion so in order. DRAWN at the request of the Appel- ing for supervision and any required Motioned by Mr. Maschke and sec- lant. further action, based upon the plans onded by Mr. Bradley. discussed and the condition of the Yeas: Messrs. Denk, Gallagher, * * * property. Motion so in order. Saab, Bradley, Maschke Nays: None Motioned by Mr. Saab and seconded Docket A-108-13. by Mr. Bradley. * * * RE: Appeal of Richard & Debbie Yeas: Messrs. Denk, Gallagher, Christopher, Owners of the One Saab, Bradley, Maschke Nays: None Docket A-123-13. Dwelling Single-Family Residence RE: Appeal of Hazel Williams, Two & One/half Story Frame Prop- * * * Owner of the Two Dwelling Units erty, located on the premises known Two-Family Residence Two & as 2946 West 14th Street from a Docket A-117-13. One/half Story Frame Property, NOTICE OF VIOLATION — EXTE- RE: Appeal of Taliah Campbell, located on the premises known as RIOR MAINTENANCE, dated March Owner of the One Dwelling Unit Sin- 1826 Reyburn Road from a CON- 18, 2013 of the Director of the gle-Family Residence Two & DEMNATION ORDER — MAIN Department of Building and Hous- One/half Story Wood Frame/Sid- STRUCTURE & GARAGE, dated ing, requiring compliance with the ing/Masonry Veneer Property, locat- April 13, 2013 of the Director of the Codified Ordinances of the City of ed on the premises known as 8002 Department of Building and Hous- Cleveland and the Ohio Building Whitethorn Avenue from a CON- ing, requiring compliance with the Code (OBC). DEMNATION ORDER — MAIN Codified Ordinances of the City of BE IT RESOLVED, a motion is in STRUCTURE, dated January 18, Cleveland and the Ohio Building order at this time to grant any vari- 2011 of the Director of the Depart- Code (OBC). ance required to allow the substitute ment of Building and Housing, BE IT RESOLVED, a motion is in shingles to be acceptable, provided requiring compliance with the Codi- order at this time to grant the that it is weather protected, and to fied Ordinances of the City of Cleve- Appellant two (2) weeks in which find that the project and the viola- land and the Ohio Building Code to obtain all required permits and tions are abated pending a report (OBC). six (6) months in which to complete from the inspector, and to grant the Docket A-117-13 has been POST- abatement of the violations, with Appellant one (1) month in which to PONED; to be rescheduled for Sep- additional time awarded for satis- remove the gravel from the drive- tember 25, 2013. factory progress; the property is way; the property is REMANDED at REMANDED at this time to the this time to the Department of * * * Department of Building and Hous- Building and Housing for supervi- ing for supervision and any required sion and any required further Docket A-118-13. further action. Motion so in order. action. Motion so in order. Motioned RE: Appeal of Joel K. Barr Sr., Motioned by Mr. Maschke and sec- by Mr. Gallagher and seconded by Owner of the M Mercantile – Retail onded by Mr. Bradley. Mr. Maschke. Shops, Carry-out Food Shops One Yeas: Messrs. Denk, Gallagher, Yeas: Messrs. Denk, Gallagher, Story Masonry Walls/Wood Proper- Saab, Bradley, Maschke Nays: None Saab, Bradley, Maschke Nays: None ty, located on the premises known as 3204 West 41st Street from a CON- * * * * * * DEMNATION ORDER — MAIN STRUCTURE, dated April 11, 2010 of Docket A-124-13. Docket A-112-13. the Director of the Department of RE: Appeal of Sabrina Wright, RE: Appeal of Cortney Gantt, Building and Housing, requiring Owner of the Residential Property, Owner of the Three Dwelling Units compliance with the Codified Ordi- located on the premises known as Three-Family Residence Two Story nances of the City of Cleveland and 7506 Spafford Road from a LIMITA- Frame Property, located on the the Ohio Building Code (OBC). TION ON THE PERMITS, dated premises known as 1900 East 71st BE IT RESOLVED, a motion is in November 5, 2012 of the Director of Street from a CONDEMNATION order at this time to grant the the Department of Building and ORDER — MAIN STRUCTURE, Appellant three (3) months in which Housing, requiring compliance with dated March 11, 2013 of the Director to abate the violations on the prop- the Codified Ordinances of the City of the Department of Building and erty; the property is REMANDED at of Cleveland and the Ohio Building Housing, requiring compliance with this time to the Department of Code (OBC). the Codified Ordinances of the City Building and Housing for supervi- BE IT RESOLVED, a motion is in of Cleveland and the Ohio Building sion and any required further order at this time to grant the Code (OBC). action. Motion so in order. Motioned Appellant two (2) weeks in which BE IT RESOLVED, a motion is in by M. Bradley and seconded by Mr. to remove the debris on the exteri- order at this time to grant the Maschke. or of the property, and three (3) Appellant six (6) months in which Yeas: Messrs. Denk, Gallagher, months in which to complete abate- to complete abatement of the viola- Saab, Bradley, Maschke Nays: None ment of the exterior violations, and tions; the property is REMANDED six (6) months total in which to at this time to the Department of * * * complete abatement of all the vio- Building and Housing for supervi- lations on the property; the proper- sion and any required further Docket A-119-13. ty is REMANDED at this time to the action. Motion so in order. Motioned RE: Appeal of 72 East LLC C/O Department of Building and Hous- by Mr. Bradley and seconded by Mr. Christopher Grootenboer, Owner of ing for supervision and any required Saab. the Property, located on the premis- further action. Motion so in order. Yeas: Messrs. Denk, Gallagher, es known as 899 East 72nd Street Motioned by Mr. Saab and seconded Saab, Bradley, Maschke Nays: None from an ORDER TO VACATE, dated by Mr. Bradley. April 4, 2013 of the Director of the Yeas: Messrs. Denk, Gallagher, * * * Department of Building and Hous- Saab, Bradley, Maschke Nays: None ing, requiring compliance with the Docket A-113-13. Codified Ordinances of the City of * * * RE: Appeal of Sam Riolo, Trustee Cleveland and the Ohio Building of the One Dwelling Unit Single- Code (OBC). Docket A-129-13. Family Residence One & One/half BE IT RESOLVED, a motion is in RE: Appeal of Robert Tunold, Story Frame Property, located on order at this time to grant the Owner of the One Dwelling Unit Sin- the premises known as 7916 Elton Appellant two (2) weeks in which gle-Family Residence One & Avenue from a CONDEMNATION to remove the combustibles from the One/half Story Frame Property, ORDER — MAIN STRUCTURE & building and two (2) months in located on the premises known as SHED, dated January 28, 2013 of the which to submit a plan to the City 12831 Carrington Avenue from a 1368 August 21, 2013 The City Record 57

NOTICE OF VIOLATION — EXTE- fied Ordinances of the City of Cleve- Yeas: Messrs. Denk, Gallagher, RIOR MAINTENANCE, dated March land and the Ohio Building Code Saab, Bradley, Maschke Nays: None 20, 1013 of the Director of the (OBC). Department of Building and Hous- BE IT RESOLVED, a motion is in * * * ing, requiring compliance with the order at this time to DENY as moot Codified Ordinances of the City of this appeal and to REMAND the APPROVAL OF RESOLUTIONS: Cleveland and the Ohio Building property to the Division of Fire for Code (OBC). supervision and any required fur- Separate motions were entered by Docket A-129-13 has been POST- ther action. Motion so in order. Mr. Maschke and seconded by Mr. PONED; to be rescheduled for Sep- Motioned by Mr. Gallagher and sec- Gallagher for Approval and Adop- tember 11, 2013. onded by Mr. Saab. tion of the Resolutions as presented Yeas: Messrs. Denk, Gallagher, by the Secretary for the following * * * Saab, Bradley, Maschke Nays: None Dockets respectively, subject to the Codified Ordinances of the City of Docket A-131-13. * * * Cleveland and the Ohio Building RE: Appeal of Biland Corp., Code (OBC): Trustee of the Residential Property, Docket A-188-13. located on the 1827 Grantham Road RE: Appeal of Sam Riolo, Agent A-93-13 — Phyllis Sperling from a LIMITATION ON THE PER- of the Two Dwelling Unit Single- A-99-13 — Ronald Lee Ester MIT, dated August 31, 2012 of the Family Residence Two & One/half A-100-13 — Mary Bell & Mozella Director of the Department of Build- Story Frame Property, located on Thomas ing and Housing, requiring compli- the premises known as 1066-68 East A-106-13 — George F. Dixon ance with the Codified Ordinances 71st Street from a NOTICE OF VIO- (AMENDED) of the City of Cleveland and the LATION — INTERIOR/EXTERIOR A-109-13 — Aeon Financial LLC Ohio Building Code (OBC). MAINTENANCE, dated July 9, 2013 A-110-13 — Aeon Financial LLC BE IT RESOLVED, a motion is in of the Director of the Department of A-111-13 — Aeon Financial LLC order at this time to grant the Building and Housing, requiring A-126-13 — Aeon Financial LLC Appellant ninety (90) days in which compliance with the Codified Ordi- A-127-13 — Aeon Financial LLC to complete abatement of the viola- nances of the City of Cleveland and A-128-13 — Aeon Financial LLC tions; the property is REMANDED the Ohio Building Code (OBC). A-181-13 — Michael Rabkewych at this time to the Department of BE IT RESOLVED, a motion is in A-183-13 — Christian Ostenson Building and Housing for supervi- order at this time to grant the A-196-13 — Kenneth Kolberg sion and any required further Appellant three (3) months in which action. Motion so in order. Motioned to abate the violations, the property Yeas: Messrs. Denk, Gallagher, by Mr. Gallagher and seconded by is REMANDED at this time to the Saab, Bradley, Maschke Nays: None Mr. Maschke. Department of Building and Hous- Yeas: Messrs. Denk, Gallagher, ing for supervision and any required * * * Saab, Bradley, Maschke Nays: None further action. Motion so in order. Motioned by Mr. Maschke and sec- APPROVAL OF MINUTES: * * * onded by Mr. Bradley. Separate motions were entered by Docket A-132-13. Yeas: Messrs. Denk, Gallagher, Mr. Bradley and seconded by Mr. RE: Appeal of Albert Thrower, Saab, Bradley, Maschke Nays: None Gallagher for Approval and Adop- Owner of the Residential Property, tion of the Minutes as presented by located on the premises known as * * * the Secretary, subject to the Codi- 9620 Cudell Avenue from a LIMI- fied Ordinances of the City of Cleve- TATION ON THE PERMITS, dated EXTENSION OF TIME: land and the Ohio Building Code December 14, 2012 of the Director of (OBC): the Department of Building and Docket A-231-12. Housing, requiring compliance with Tyree J. Penman – 10206 Manor July 31, 2013 the Codified Ordinances of the City Avenue: of Cleveland and the Ohio Building A motion is in order at this time Yeas: Messrs. Denk, Gallagher, Code (OBC). to grant the Appellant two (2) Saab, Bradley, Maschke Nays: None Docket A-132-13 has been POST- months in which to complete the PONED; to be rescheduled for exterior violations and a concurrent * * * August 28, 2013. six (6) months in which to complete abatement of all violations on the JOSEPH F. DENK * * * property, noting that failure to meet Chairman either date, will REMAND the prop- Docket A-133-13. erty immediately; the property is RE: Appeal of Optima Manage- REMANDED at this time to the PUBLIC NOTICE ment Group, LLC, Owner of the S-1 Department of Building and Hous- Storage – Moderate Hazard (Com- ing for supervision and any required bustibles) Semi-Industry Garage further action. Motion so in order. Property, located on the premises Motioned by Mr. Bradley and sec- NONE known as 55 Public Square from a onded by Mr. Gallagher. NOTICE OF VIOLATION — INTE- Yeas: Messrs. Denk, Gallagher, RIOR /EXTERIOR MAINTENANCE, Saab, Bradley, Maschke Nays: None NOTICE OF PUBLIC HEARING dated April 9, 2013 of the Director of the Department of Building and * * * Housing, requiring compliance with the Codified Ordinances of the City AMENDED RESOLUTION FROM NONE of Cleveland and the Ohio Building JULY 31, 2013: Code (OBC). No action this date, the docket Docket A-106-13. will be rescheduled in four (4) George F. Dixon – 9306 Hough CITY OF CLEVELAND BIDS weeks (September 11, 2013). Avenue: A motion is in order at this time * * * to grant the Appellant three (3) months in which to submit an For All Departments Docket A-134-13. acceptable plan to the Building RE: Appeal of Shoreline Capital Department for abatement of the Sealed bids will be received at the Partners, LLC, Owner of the Prop- violations, the property is REMAND- office of the Commissioner of Pur- erty, located on the premises known ED at this time to the Department chases and Supplies, Room 128, City as 4740 Manufacturing Road from a of Building and Housing for super- NOTICE OF VIOLATION — FIRE vision and any required further Hall, in accordance with the append- CODE, dated February 05, 2013 of action. Motion so in order. Motioned ed schedule, and will be opened and the Chief of the Division of Fire, by Mr. Maschke and seconded by Mr. read in Room 128, City Hall, imme- requiring compliance with the Codi- Bradley. diately thereafter. 1369 58 The City Record August 21, 2013

Each bid must be made in accor- fail to register to be on the City Township Lot Number 53, further dance with the specifications and of Cleveland Plan Holders List. described as follows: must be submitted on the blanks Beginning at a point in the wester- ly line of West 36th Street (25.00 feet supplied for the purpose, all of August 14, 2013 and August 21, 2013 wide) formerly Bailey Court, 86.25 which may be obtained at the office feet south of the southerly line of Bai- of the said Commissioner of Pur- ley Avenue S.W.(50.00 feet wide) for- chases and Supplies, but no bid will ADOPTED RESOLUTIONS merly Bailey Street; be considered unless delivered to AND ORDINANCES Thence westerly parallel with the the office of the said commissioner southerly line of said Bailey Avenue S.W., 163 feet to the easterly line of previous to 12:00 noon (Eastern Res. No. 838-13. Averell and Bradford Subdivision Standard Time) on the date speci- By Council Members Cimperman, recorded in Volume 4, Page 9 of Cuya- fied in the schedule. Miller, Cleveland and Kelley (by hoga County map records; 187.10 Negotiated contracts; Notice departmental request). Thence south 16.25 feet along said required in Advertisement for Bids. An emergency resolution declar- easterly line of Averell and Bradford Where invitations for bids are ing the intent to vacate a portion of Subdivision; advertised, the following notice Jefferson Avenue S.W. Thence easterly parallel to the said Whereas, this Council is satisfied southerly line of Bailey Avenue S.W. shall be included in the advertise- that there is good cause to vacate a 90 feet; ment: “Pursuant to the MBE/FBE portion of Jefferson Avenue S.W., as Thence northerly 7.25 feet; Code, each prime bidder, each minor- described; and Thence easterly parallel with ity business enterprise (“MBE”) and Whereas, this resolution consti- southerly line of said Bailey Avenue each female business enterprise tutes an emergency measure provid- S.W. and distant 9 feet southerly from ing for the usual daily operation of (“FBE”) must be certified before first described coarse, 73 feet to the a municipal department; now, there- westerly line of said West 36th Street; doing business with the City. There- fore, Thence northerly along the wester- fore, any prime contractor wishing Be it resolved by the Council of ly line of said West 36th Street 9 feet to receive credit for using an MBE the City of Cleveland: to the place of beginning. or FBE should ensure that applica- Section 1. That this Council Legal Description approved by tions for certification as to MBE or declares its intent to vacate a portion Greg Esber, Section Chief, Plats, Sur- of the following described real prop- FBE status compliance with the veys and House Numbering Section. erty: Section 2. That this resolution is Code, affirmative action in employ- declared to be an emergency measure ment and, if applicable, joint ven- Jefferson Avenue S.W. and, provided it receives the affirma- ture status, are submitted to the of - Situated in the City of Cleveland, tive vote of two-thirds of all the mem- fice of Equal Opportunity (“OEO”) County of Cuyahoga and State of Ohio bers elected to Council, it shall take and being part of original Brooklyn prior to the date of bid opening or effect and be in force immediately Township Lot number 87 and original submission of proposals or as speci - upon its adoption and approval by the 100 Acre Lots numbers 268 and 269. Mayor; otherwise it shall take effect fied by the Director. Failure to com- Being all that portion of Jefferson and be in force from and after the ear- Avenue S.W. (60.00 feet wide) extend- ply with the business enterprise liest period allowed by law. ing from the east right of way of West code or with representations made Adopted August 14, 2013. 3rd Street (70.00 feet wide) easterly to on these forms may result in can- Effective August 16, 2013. the west right of way of Rockefeller cellation of the contract or other Avenue (66.00 feet wide) civil or criminal penalties.” Legal Description approved by Greg Esber, Section Chief, Plats, Sur- Res. No. 840-13. FRIDAY, SEPTEMBER 6, 2013 veys and House Numbering Section. Section 2. That this resolution is By Council Members Cleveland, declared to be an emergency measure Miller and Kelley (by departmental File No. 147-13 — Highland Park request). Clubhouse Roof Improvement, for and, provided it receives the affirma- tive vote of two-thirds of all the mem- An emergency resolution declar- the Division of Architecture and bers elected to Council, it shall take ing the intent to vacate a portion of Site Development, Department of effect and be in force immediately Grand Avenue S.E. Public Works, as authorized by upon its adoption and approval by the Whereas, this Council is satisfied Ordinance No. 533-12, passed by Mayor; otherwise it shall take effect that there is good cause to vacate a the Council of the City of Cleve- and be in force from and after the ear- portion of Grand Avenue S.E., as land, June 4, 2012. liest period allowed by law. described; and *THERE WILL BE A NON- Adopted August 14, 2013. Whereas, this resolution consti- REFUNDABLE FEE FOR PLANS Effective August 16, 2013. tutes an emergency measure provid- ing for the usual daily operation of AND SPECIFICATIONS IN THE a municipal department; now, there- AMOUNT OF TWENTY FIVE fore, DOLLARS ($25.00) ONLY IN THE Res. No. 839-13. Be it resolved by the Council of FORM OF A CASHIER’S CHECK By Council Members Zone, Miller, the City of Cleveland: OR A MONEY ORDER (NO COM- Cleveland and Kelley (by departmen- Section 1. That this Council PANY CHECKS, NO CASH AND tal request). declares its intent to vacate a portion NO CREDIT CARDS WILL BE An emergency resolution declar- of the following described real prop- ACCEPTED TO PURCHASE ing the intent to vacate a portion of erty: PLANS). Bachman Court S.W. Being all that portion of Grand THERE WILL BE A NON-MANDA- Whereas, this Council is satisfied Avenue S.E. (50.00 feet wide) extend- TORY PRE-BID MEETING that there is good cause to vacate a ing from the east right of way of East THURSDAY, AUGUST 22, 2013 portion of Bachman Court S.W., as 75th Street (60.00 feet wide) to the AT 10:00 A.M. CLEVELAND CITY described; and west right of way of East 79th Street HALL, ROOM 517A, 601 LAKE- Whereas, this resolution consti- (60.00 feet wide). SIDE AVENUE, CLEVELAND, tutes an emergency measure provid- Legal Description approved by OHIO 44114. ing for the usual daily operation of Greg Esber, Section Chief, Plats, Sur- veys and House Numbering Section. SITE VISIT SCHEDULED FOR 1:00 a municipal department; now, there- fore, Section 2. That this resolution is P.M. ON THURSDAY, AUGUST Be it resolved by the Council of declared to be an emergency measure 22, 2013. the City of Cleveland: and, provided it receives the affirma- *Bidders must purchases plans and Section 1. That this Council tive vote of two-thirds of all the mem- specifications directly from the of declares its intent to vacate a portion bers elected to Council, it shall take fice of the Commissioner of Pur- of the following described real prop- effect and be in force immediately chases and Supplies. Only regis- erty: upon its adoption and approval by the tered Plan Holders will receive Mayor; otherwise it shall take effect Addenda. Bids cannot be accept- Bachman Court S.W. and be in force from and after the ear- ed from Bidders who only pur- Situated in the City of Cleveland, liest period allowed by law. chase plans from other entities County of Cuyahoga and State of Ohio Adopted August 14, 2013. such as Plan Rooms and/or who and being part of Original Brooklyn Effective August 16, 2013. 1370 August 21, 2013 The City Record 59

Res. No. 841-13. Clinic, and Neighborhood Family equipment for healthy options, By Council Members Cummins, Practice (NFP); and improve appearance and safety at Miller, Cleveland and Kelley (by Whereas, to be successful in creat- stores, and offer Healthy Cleveland departmental request). ing a Healthy Cleveland, the Jackson branding and promotion opportuni- An emergency resolution declar- Administration, Cleveland City Coun- ties; and ing the intent to vacate a portion of cil and the four health care institu- Whereas, more specific program- the 1st Un-Named Alley north of tions collaborated beginning in 2011 matic recommendations include Denison Avenue S.W. and west of with the creation of the Healthy extending healthy food guidelines to West 48th Street. Cleveland initiative with the adop- 1) the Cleveland Metropolitan School Whereas, this Council is satisfied tion of Resolution No. 257-11 on March District by increasing collaboration that there is good cause to vacate a 28, 2011 and will continue to collabo- for wellness policies and healthy portion of the 1st Un-Named Alley rate in this ongoing second initiative school meals and partnerships with north of Denison Avenue S.W. and to address nutrition and healthy eat- the City’s Summer Youth Employ- west of West 48th Street, as ing, active living, mental health and ment Program and Summer Sprout described; and violence, health literacy, healthy Program, 2) early childcare and child- Whereas, this resolution consti- neighborhoods, and clean air and hood education centers by implement- tutes an emergency measure provid- smoking cessation; and ing health best practices, and 3) ing for the usual daily operation of Whereas, the City has already mobile food vendors, as well as corner a municipal department; now, there- banned smoking on and in all City stores, by offering incentive pro- fore, Properties, including parks, play- grams to increase healthy food offer- Be it resolved by the Council of grounds, cemeteries, garages, and ings; and the City of Cleveland: areas within 150 feet of any entrance Whereas, the Clean Air and Smok- Section 1. That this Council to any City building or facility, ing Cessation subgroup recommends declares its intent to vacate a portion including City Hall, Recreation Cen- 1) exploring a city-wide ban on the of the following described real prop- ters, and Public Health Centers, and sale of flavored tobacco products sim- erty: has worked to create voluntarily- ilar to legislation passed in New York Situated in the City of Cleveland, adopted smoke free zones within the City; and 2) encouraging local County of Cuyahoga and State of Ohio entrances to privately-owned facili- enforcement of the smoke-free Work- and being part of Original Brooklyn ties; and place Act, and researching federal Township Lot No. 46 as shown in the Whereas, by working collaborative- funding opportunities for smoking George P. Geib’s Allotment, recorded ly with local health institutions, we prevention and cessation programs; in Volume 30, Page 27 of Cuyahoga are continuing to increase the acces- and County Map Records, furthered sibility of city-wide smoking cessa- Whereas, this Council has already described as follows: tion programs to help people quit adopted a resolution to defend and Being all that portion of the 1st un- smoking; and protect Ohio’s Alternative Energy named alley (10.00 feet wide) north of Whereas, in June, an Ohio Judge Portfolio Standard, as recommended Denison Avenue S.W. (50.00 feet found unconstitutional the state law by the Clean Air and Smoking Cessa- wide) and west of West 48th Street which sought to invalidate the City’s tion subgroup; and (50.00 feet wide) extending from the law banning trans fats, thus allowing Whereas, the Active Living sub- west right of way of said West 48th the City law to stand; and group recommends 1) identifying Street westerly 50.00 feet to its termi- Whereas, along with the law ban- active living deserts in the City by nus. ning trans fats, the City has worked creating a comprehensive geographic Legal Description approved by to encourage local restaurants and mapping that highlights parks, recre- Greg Esber, Section Chief, Plats, Sur- vendors to remove trans-fats from ation centers, bike paths, and active veys and House Numbering Section. their menus and offer trans-fat free living programs to provide guidance Section 2. That this resolution is products; and for plans to enhance accessible and declared to be an emergency measure Whereas, an established task force affordable active living opportunities and, provided it receives the affirma- with our health care partners and the in Cleveland; and 2) creating and tive vote of two-thirds of all the mem- Cleveland Metropolitan School Dis- maintaining a user-friendly website bers elected to Council, it shall take trict is working to provide healthier and application focused on Active effect and be in force immediately food options in our city schools, and Living opportunities and programs in upon its adoption and approval by the the Healthy Eating Committee is the City; and Mayor; otherwise it shall take effect working with CMSD to re-incorporate Whereas, the Healthy Neighbor- and be in force from and after the ear- school gardens in every new school hoods subgroup recommends overall liest period allowed by law. plan; and 1) integrating health and equity con- Adopted August 14, 2013. Whereas, in collaboration with the siderations into planning and devel- Effective August 16, 2013. Cleveland Planning Commission the opment processes; and 2) establishing Health Committee is working to healthy community design criteria ensure the existence of a city garden along with a checklist to be used by within walking distance of every citi- citywide design review committees Res. No. 978-13. zen in Cleveland by 2019 with the sup- within the Department of City Plan- By Council Members Cimperman port of the City Planning and Health ning, including adoption of communi- and Cummins. Committees; and ty engagement standards; and An emergency resolution endors- Whereas, the City developed a Com- Whereas, more specific recommen- ing the continued existence of a plete Streets Policy to improve bike dations include 1) adopting a policy Healthy Cleveland through the sec- and pedestrian access and improve that ensures continued capacity ond initiative of collaboration with mobility on street, streetscape, bridge building within City Hall to conduct the Mayor and the four hospital sys- improvement projects; and health impact assessments of poli- tems in Cleveland that are lending Whereas, the Healthy Cleveland cies, projects, and programs; and 2) their staff, expertise, and research Initiative 2.0 has formed subgroups to identifying evaluation metrics used efforts to reach this goal. continue this work, including Nutri- to measure the existing health status Whereas, the City of Cleveland and tion and Healthy Eating, Clean Air of Cleveland neighborhoods and Cleveland City Council are committed and Smoking Cessation, Active Liv- departmental leadership of data col- to creating a Healthy Cleveland with ing, Healthy Neighborhoods, Mental lection activities through Cleveland healthy neighborhoods and residents Health and Violence, and Health Lit- City Planning and Cleveland Depart- who enjoy longer and healthier lives eracy that have recommended legisla- ment of Health and their partners; and by combating chronic health con- tive and programmatic initiatives to and ditions like chronic pulmonary dis- reduce health disparities and improve Whereas, the Mental Health and ease, heart disease, diabetes, obesity Clevelanders’ quality of life; and Violence subgroup recommends 1) and behavioral health; and Whereas, the Nutrition and Healthy increasing the awareness and under- Whereas, Cleveland is home to the Eating subgroup recommends overall standing of mental health and addic- four best health care systems in the 1) developing healthy food guidelines tion to address societal stigma sur- United States; Cleveland Clinic, for food services provided by City of rounding the illness; 2) informing the MetroHealth, Sisters of Charity Cleveland facilities and encouraging community about agencies and part- Health System, and University Hospi- adoption of guidelines by partners nering with those agencies who pro- tals, and all four institutions support throughout Cleveland; and 2) promot- vide treatment services for those the mission of creating a Healthy ing the Healthy Corner Store Initia- diagnosed or displaying signs of men- Cleveland; and tive which seeks to improve offerings tal illness and addiction; and 3) sup- Whereas, Cleveland is also home to in corner and convenience stores by port funding for research and support Federally Qualified Health Centers giving incentives to store owners to services for mental health wellness; (FQHC): NEON, Care Alliance, Free develop infrastructure and provide and 1371 60 The City Record August 21, 2013

Whereas, finally, the Health Litera- Whereas, the place for which the Whereas, this resolution consti- cy subgroup recommends 1) estab- permit is sought is so arranged or tutes an emergency measure provid- lishing a brand identity for Healthy constructed that law enforcement ing for the immediate preservation Cleveland through the establishment officers or agents of the Department of the public peace, prosperity, safe- of a website and logo to reach the of Liquor Control are prevented rea- ty and welfare pursuant to Section neighborhoods; 2) connecting the sonable access to the establishment; 4303.271 of the Ohio Revised Code, public to a “directory” Clevelanders and objections to renewal of liquor per- can access online, through a web Whereas, the place for which the mits shall be made no later than application or paper that can link permit is sought is so located with thirty days prior to the expiration them to health promotion, prevention, respect to the neighborhood that it date of the permit; now, therefore, and management services; 3) training substantially interferes with public Be it resolved by the Council of individuals to engage, support, and decency, sobriety, peace or good the City of Cleveland: link resident to critical health order; and Section 1. That Council does hereby resources and coordinate program- Whereas, this objection is based record its objection to the renewal of ming and outreach efforts in the on other legal grounds as set forth a C1 Liquor Permit, Permit No. neighborhoods; and 4) circulating in Revised Code Section 4303.292; 15255190005 owned by Clark Petrole- resources throughout the community and um, LLC, 5110 Clark Avenue & Drive at the neighborhood level by partner- Whereas, this resolution consti- Up Window, Cleveland, Ohio 44102, ing with libraries and community cen- tutes an emergency measure provid- and requests the Director of Liquor ters, faith based institutions, block ing for the immediate preservation Control to set a hearing for said appli- clubs, civic associations, and our of the public peace, prosperity, safe- cation in accordance with provisions chamber of commerce; and ty and welfare pursuant to Section of Section 4303.271 of the Revised Whereas, the City of Cleveland and 4303.26 of the Ohio Revised Code. Code of Ohio. its Healthy Cleveland partners are Council’s objection to said permit Section 2. That the Clerk of Council already implementing the recommen- must be received by the Director of be and she is hereby directed to trans- dations of these Healthy Cleveland Liquor Control within 30 days of mit two certified copies of this resolu- 2.0 subgroups in order to continue notification; now, therefore, tion, together with two copies of a let- efforts to improve the health of every Be it resolved by the Council of ter of objection and two copies of a Clevelander; and the City of Cleveland: letter requesting that the hearing be Whereas, this resolution consti- Section 1. That Council does hereby held in Cleveland, Cuyahoga County, tutes an emergency measure for the record its objection to a New C1 and a statement by the Director of Liquor Permit at Raees Food Store, Law that, in the Director’s opinion, immediate preservation of public Inc., 9800-06-08 Almira Avenue, Cleve- that the objection is based upon sub- peace, property, health or safety, now, land, Ohio 44102, Permit Number stantial legal grounds within the therefore, 7165681; and requests the Director of meaning and intent of division (A) of Be it resolved by the Council of Liquor Control to set a hearing for Section 4303.292 of the Revised Code the City of Cleveland: said application in accordance with to the Director of Liquor Control. Section 1. That this Council endors- provisions of Section 4303.26 of the Section 3. That this resolution is es the continued existence of a Revised Code of Ohio. hereby declared to be an emergency Healthy Cleveland through the sec- Section 2. That the Clerk of Council measure and, provided it receives the ond initiative of collaboration with be and she is hereby directed to trans- affirmative vote of two-thirds of all the Mayor and the four hospital sys- mit two certified copies of this resolu- the members elected to Council, it tems in Cleveland that are lending tion, together with two copies of a let- shall take effect and be in force imme- their staff, expertise, and research ter of objection and two copies of a diately upon its adoption and efforts to reach this goal. letter requesting that the hearing be approval by the Mayor; otherwise, it Section 2. That this resolution is held in Cleveland, Cuyahoga County. shall take effect and be in force from hereby declared to be an emergency Section 3. That this resolution is and after the earliest period allowed measure and, provided it receives the hereby declared to be an emergency by law. affirmative vote of two-thirds of all measure and, provided it receives the Adopted August 14, 2013. the members elected to Council, it affirmative vote of two-thirds of all Effective August 16, 2013. shall take effect and be in force imme- the members elected to Council, it diately upon its adoption and shall take effect and be in force imme- approval by the Mayor; otherwise it diately upon its adoption and shall take effect and be in force from approval by the Mayor; otherwise, it Res. No. 1051-13. and after the earliest period allowed shall take effect and be in force from By Council Member Zone. by law. and after the earliest period allowed An emergency resolution object- Adopted August 14, 2013. by law. ing to the renewal of a C1 Liquor Effective August 16, 2013. Adopted August 14, 2013. Permit at 5110 Clark Avenue and Effective August 16, 2013. Drive Up Window (Permit Nos. 9089530 and 90895300005 owned by Tuhin, Inc.). Res. No. 1049-13. Whereas, the uniform date for By Council Member Westbrook. Res. No. 1050-13. renewal of liquor permits in the An emergency resolution object- By Council Member Zone. State of Ohio is October 1st; and ing to a New C1 Liquor Permit at An emergency resolution object- Whereas, pursuant to Section 9800-06-08 Almira Avenue. ing to the renewal of a C1 Liquor 4303.271 of the Revised Code, the Whereas, Council has been noti- Permit at 5110 Clark Avenue and legislative authority of a municipal fied by the Department of Liquor Drive Up Window (Permit No. corporation may object to the renew- Control of an application for a New 15255190005 owned by Clark Petrole- al of a permit based upon legal C1 Liquor Permit at Raees Food um, LLC). grounds as set forth in division (A) Store, Inc., 9800-06-08 Almira Avenue, Whereas, the uniform date for of Revised Code Section 4303.292; Cleveland, Ohio 44102, Permit Num- renewal of liquor permits in the and ber 7165681; and State of Ohio is October 1st; and Whereas, the applicant is unfit to Whereas, the granting of this Whereas, pursuant to Section continue to engage in the liquor per- application for a liquor permit to 4303.271 of the Revised Code, the mit business in that he has operat- this high crime area, which is legislative authority of a municipal ed his liquor permit business in a already saturated with other liquor corporation may object to the renew- manner that demonstrates a disre- outlets, is contrary to the best inter- al of a permit based upon legal gard for the laws, regulations or ests of the entire community; and grounds as set forth in division (A) local ordinances of the state, and Whereas, the applicant does not of Revised Code Section 4303.292; that this objection is based on other qualify to be a permit holder and/or and legal grounds as set forth in has demonstrated that he has oper- Whereas, the applicant is unfit to Revised Code Section 4303.292; and ated his liquor business in disregard continue to engage in the liquor per- Whereas, this resolution consti- of the laws, regulations or local mit business in that he has operat- tutes an emergency measure provid- ordinances of this state or any other ed his liquor permit business in a ing for the immediate preservation state; and manner that demonstrates a disre- of the public peace, prosperity, safe- Whereas, the place for which the gard for the laws, regulations or ty and welfare pursuant to Section permit is sought has not conformed local ordinances of the state, and 4303.271 of the Ohio Revised Code, to the building, safety or health that this objection is based on other objections to renewal of liquor per- requirements of the governing body legal grounds as set forth in mits shall be made no later than of this County or City; and Revised Code Section 4303.292; and thirty days prior to the expiration 1372 August 21, 2013 The City Record 61 date of the permit; now, therefore, cation in accordance with provisions and a statement by the Director of Be it resolved by the Council of of Section 4303.271 of the Revised Law that, in the Director’s opinion, the City of Cleveland: Code of Ohio. that the objection is based upon sub- Section 1. That Council does hereby Section 2. That the Clerk of Council stantial legal grounds within the record its objection to the renewal of be and she is hereby directed to trans- meaning and intent of division (A) of a C1 Liquor Permit, Permit Nos. mit two certified copies of this resolu- Section 4303.292 of the Revised Code 9089530 and 90895300005 owned by tion, together with two copies of a let- to the Director of Liquor Control. Tuhin, Inc., 5110 Clark Avenue & ter of objection and two copies of a Section 3. That this resolution is Drive Up Window, Cleveland, Ohio letter requesting that the hearing be hereby declared to be an emergency 44102, and requests the Director of held in Cleveland, Cuyahoga County, measure and, provided it receives the Liquor Control to set a hearing for and a statement by the Director of affirmative vote of two-thirds of all said application in accordance with Law that, in the Director’s opinion, the members elected to Council, it provisions of Section 4303.271 of the that the objection is based upon sub- shall take effect and be in force imme- Revised Code of Ohio. stantial legal grounds within the diately upon its adoption and Section 2. That the Clerk of Council meaning and intent of division (A) of approval by the Mayor; otherwise, it be and she is hereby directed to trans- Section 4303.292 of the Revised Code shall take effect and be in force from mit two certified copies of this resolu- to the Director of Liquor Control. and after the earliest period allowed tion, together with two copies of a let- Section 3. That this resolution is by law. ter of objection and two copies of a hereby declared to be an emergency Adopted August 14, 2013. letter requesting that the hearing be measure and, provided it receives the Effective August 16, 2013. held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all and a statement by the Director of the members elected to Council, it Law that, in the Director’s opinion, shall take effect and be in force imme- that the objection is based upon sub- diately upon its adoption and Res. No. 1054-13. stantial legal grounds within the approval by the Mayor; otherwise, it By Council Member Miller. meaning and intent of division (A) of shall take effect and be in force from An emergency resolution object- Section 4303.292 of the Revised Code and after the earliest period allowed ing to the renewal of a C2 and C2X to the Director of Liquor Control. by law. Liquor Permit at 17801 Euclid Section 3. That this resolution is Adopted August 14, 2013. Avenue. hereby declared to be an emergency Effective August 16, 2013. Whereas, the uniform date for measure and, provided it receives the renewal of liquor permits in the affirmative vote of two-thirds of all State of Ohio is October 1st; and the members elected to Council, it Whereas, pursuant to Section shall take effect and be in force imme- Res. No. 1053-13. 4303.271 of the Revised Code, the diately upon its adoption and By Council Member Cleveland. legislative authority of a municipal approval by the Mayor; otherwise, it An emergency resolution object- corporation may object to the renew- shall take effect and be in force from ing to the renewal of a D1, D2, D3 al of a permit based upon legal and after the earliest period allowed and D3A Liquor Permit at 5351-5355 grounds as set forth in division (A) by law. Dolloff Road. of Revised Code Section 4303.292; Adopted August 14, 2013. Whereas, the uniform date for and Effective August 16, 2013. renewal of liquor permits in the Whereas, the applicant is unfit to State of Ohio is October 1st; and continue to engage in the liquor per- Whereas, pursuant to Section mit business in that he has operat- 4303.271 of the Revised Code, the ed his liquor permit business in a Res. No. 1052-13. legislative authority of a municipal By Council Member Zone. manner that demonstrates a disre- corporation may object to the renew- An emergency resolution object- gard for the laws, regulations or al of a permit based upon legal ing to the renewal of a C1 and C2 local ordinances of the state, and Liquor Permit at 6501 Denison grounds as set forth in division (A) that this objection is based on other Avenue. of Revised Code Section 4303.292; legal grounds as set forth in Whereas, the uniform date for and Revised Code Section 4303.292; and renewal of liquor permits in the Whereas, the applicant is unfit to Whereas, this resolution consti- State of Ohio is October 1st; and continue to engage in the liquor per- tutes an emergency measure provid- Whereas, pursuant to Section mit business in that he has operat- ing for the immediate preservation 4303.271 of the Revised Code, the ed his liquor permit business in a of the public peace, prosperity, safe- legislative authority of a municipal manner that demonstrates a disre- ty and welfare pursuant to Section corporation may object to the renew- gard for the laws, regulations or 4303.271 of the Ohio Revised Code, al of a permit based upon legal local ordinances of the state, and objections to renewal of liquor per- grounds as set forth in division (A) that this objection is based on other mits shall be made no later than of Revised Code Section 4303.292; legal grounds as set forth in thirty days prior to the expiration and Revised Code Section 4303.292; and date of the permit; now, therefore, Whereas, the applicant is unfit to Whereas, this resolution consti- Be it resolved by the Council of continue to engage in the liquor per- tutes an emergency measure provid- the City of Cleveland: mit business in that he has operat- ing for the immediate preservation Section 1. That Council does hereby ed his liquor permit business in a of the public peace, prosperity, safe- record its objection to the renewal of manner that demonstrates a disre- ty and welfare pursuant to Section a C2 and C2X Liquor Permit, Permit gard for the laws, regulations or 4303.271 of the Ohio Revised Code, No. 2566678 owned by Euclid 178, Inc., local ordinances of the state, and objections to renewal of liquor per- DBA Lotus Mini Mart, 17801 Euclid that this objection is based on other mits shall be made no later than Avenue, 1st floor only, Cleveland, legal grounds as set forth in thirty days prior to the expiration Ohio 44112, and requests the Director Revised Code Section 4303.292; and date of the permit; now, therefore, of Liquor Control to set a hearing for Whereas, this resolution consti- Be it resolved by the Council of said application in accordance with tutes an emergency measure provid- the City of Cleveland: provisions of Section 4303.271 of the ing for the immediate preservation Section 1. That Council does hereby Revised Code of Ohio. of the public peace, prosperity, safe- record its objection to the renewal of Section 2. That the Clerk of Council ty and welfare pursuant to Section a D1, D2, D3 and D3A Liquor Permit, be and she is hereby directed to trans- 4303.271 of the Ohio Revised Code, Permit No. 9862110 owned by Your mit two certified copies of this resolu- objections to renewal of liquor per- Place & Mine, LLC, DBA Your Place & tion, together with two copies of a let- mits shall be made no later than Mine, 5351-5355 Dolloff Road, Cleve- ter of objection and two copies of a thirty days prior to the expiration land, Ohio 44127, and requests the letter requesting that the hearing be date of the permit; now, therefore, Director of Liquor Control to set a held in Cleveland, Cuyahoga County, Be it resolved by the Council of hearing for said application in accor- and a statement by the Director of the City of Cleveland: dance with provisions of Section Law that, in the Director’s opinion, Section 1. That Council does hereby 4303.271 of the Revised Code of Ohio. that the objection is based upon sub- record its objection to the renewal of Section 2. That the Clerk of Council stantial legal grounds within the a C1 and C2 Liquor Permit, Permit No. be and she is hereby directed to trans- meaning and intent of division (A) of 3571080 owned by Hanini 7 Oil, Inc., mit two certified copies of this resolu- Section 4303.292 of the Revised Code DBA West 65th Gas USA, 6501 Deni- tion, together with two copies of a let- to the Director of Liquor Control. son Avenue, Cleveland, Ohio 44102, ter of objection and two copies of a Section 3. That this resolution is and requests the Director of Liquor letter requesting that the hearing be hereby declared to be an emergency Control to set a hearing for said appli- held in Cleveland, Cuyahoga County, measure and, provided it receives the 1373 62 The City Record August 21, 2013 affirmative vote of two-thirds of all Res. No. 1056-13. al of a permit based upon legal the members elected to Council, it By Council Member Zone. grounds as set forth in division (A) shall take effect and be in force imme- An emergency resolution object- of Revised Code Section 4303.292; diately upon its adoption and ing to the renewal of a C1 Liquor and approval by the Mayor; otherwise, it Permit at 5105 Franklin Avenue. Whereas, the applicant is unfit to shall take effect and be in force from Whereas, the uniform date for continue to engage in the liquor per- and after the earliest period allowed renewal of liquor permits in the mit business in that he has operat- by law. State of Ohio is October 1st; and ed his liquor permit business in a Adopted August 14, 2013. Whereas, pursuant to Section manner that demonstrates a disre- Effective August 16, 2013. 4303.271 of the Revised Code, the gard for the laws, regulations or legislative authority of a municipal local ordinances of the state, and corporation may object to the renew- that this objection is based on other al of a permit based upon legal legal grounds as set forth in Res. No. 1055-13. grounds as set forth in division (A) Revised Code Section 4303.292; and By Council Member Zone. of Revised Code Section 4303.292; Whereas, this resolution consti- An emergency resolution object- and tutes an emergency measure provid- ing to the renewal of a C2 and C2X Whereas, the applicant is unfit to ing for the immediate preservation Liquor Permit at 4719 Franklin continue to engage in the liquor per- of the public peace, prosperity, safe- Boulevard, 1st floor front. mit business in that he has operat- ty and welfare pursuant to Section Whereas, the uniform date for ed his liquor permit business in a 4303.271 of the Ohio Revised Code, renewal of liquor permits in the manner that demonstrates a disre- objections to renewal of liquor per- State of Ohio is October 1st; and gard for the laws, regulations or mits shall be made no later than Whereas, pursuant to Section local ordinances of the state, and thirty days prior to the expiration 4303.271 of the Revised Code, the that this objection is based on other date of the permit; now, therefore, legislative authority of a municipal legal grounds as set forth in Be it resolved by the Council of corporation may object to the renew- Revised Code Section 4303.292; and the City of Cleveland: al of a permit based upon legal Whereas, this resolution consti- Section 1. That Council does hereby grounds as set forth in division (A) tutes an emergency measure provid- record its objection to the renewal of of Revised Code Section 4303.292; ing for the immediate preservation a C2 and C2X Liquor Permit, Permit and of the public peace, prosperity, safe- No. 2211993 owned by George F. Whereas, the applicant is unfit to ty and welfare pursuant to Section Dixon, DBA Dixon’s Grocery, 9306 continue to engage in the liquor per- 4303.271 of the Ohio Revised Code, Hough Avenue, Cleveland, Ohio 44106, mit business in that he has operat- objections to renewal of liquor per- and requests the Director of Liquor ed his liquor permit business in a mits shall be made no later than Control to set a hearing for said appli- manner that demonstrates a disre- thirty days prior to the expiration cation in accordance with provisions gard for the laws, regulations or date of the permit; now, therefore, of Section 4303.271 of the Revised local ordinances of the state, and Be it resolved by the Council of Code of Ohio. that this objection is based on other the City of Cleveland: Section 2. That the Clerk of Council legal grounds as set forth in Section 1. That Council does hereby be and she is hereby directed to trans- Revised Code Section 4303.292; and record its objection to the renewal of mit two certified copies of this resolu- Whereas, this resolution consti- a C1 Liquor Permit, Permit No. tion, together with two copies of a let- tutes an emergency measure provid- 2714703 owned by 5105 Franklin ter of objection and two copies of a ing for the immediate preservation Avenue, Inc., 5105 Franklin Avenue, letter requesting that the hearing be Cleveland, Ohio 44102, and requests held in Cleveland, Cuyahoga County, of the public peace, prosperity, safe- the Director of Liquor Control to set a and a statement by the Director of ty and welfare pursuant to Section hearing for said application in accor- Law that, in the Director’s opinion, 4303.271 of the Ohio Revised Code, dance with provisions of Section that the objection is based upon sub- objections to renewal of liquor per- 4303.271 of the Revised Code of Ohio. stantial legal grounds within the mits shall be made no later than Section 2. That the Clerk of Council meaning and intent of division (A) of thirty days prior to the expiration be and she is hereby directed to trans- Section 4303.292 of the Revised Code date of the permit; now, therefore, mit two certified copies of this resolu- to the Director of Liquor Control. uncil of Be it resolved by the Co tion, together with two copies of a let- Section 3. That this resolution is the City of Cleveland: ter of objection and two copies of a hereby declared to be an emergency Section 1. That Council does hereby letter requesting that the hearing be measure and, provided it receives the record its objection to the renewal of held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all a C2 and C2X Liquor Permit, Permit and a statement by the Director of the members elected to Council, it No. 2848948 owned by 4700 Bridge Ltd., Law that, in the Director’s opinion, shall take effect and be in force imme- DBA Franklin Beverage & Deli, 4719 that the objection is based upon sub- diately upon its adoption and Franklin Boulevard, 1st floor front, stantial legal grounds within the approval by the Mayor; otherwise, it Cleveland, Ohio 44102, and requests meaning and intent of division (A) of shall take effect and be in force from the Director of Liquor Control to set a Section 4303.292 of the Revised Code and after the earliest period allowed hearing for said application in accor- to the Director of Liquor Control. by law. dance with provisions of Section Section 3. That this resolution is Adopted August 14, 2013. 4303.271 of the Revised Code of Ohio. hereby declared to be an emergency Effective August 16, 2013. Section 2. That the Clerk of Council measure and, provided it receives the be and she is hereby directed to trans- affirmative vote of two-thirds of all mit two certified copies of this resolu- the members elected to Council, it tion, together with two copies of a let- shall take effect and be in force imme- Res. No. 1058-13. ter of objection and two copies of a diately upon its adoption and By Council Member Conwell. letter requesting that the hearing be approval by the Mayor; otherwise, it An emergency resolution object- held in Cleveland, Cuyahoga County, shall take effect and be in force from ing to the renewal of a C2 and C2X and a statement by the Director of and after the earliest period allowed Liquor Permit at 951 Linn Drive, 1st Law that, in the Director’s opinion, by law. floor. that the objection is based upon sub- Adopted August 14, 2013. Whereas, the uniform date for stantial legal grounds within the Effective August 16, 2013. renewal of liquor permits in the meaning and intent of division (A) of State of Ohio is October 1st; and Section 4303.292 of the Revised Code Whereas, pursuant to Section to the Director of Liquor Control. 4303.271 of the Revised Code, the Section 3. That this resolution is Res. No. 1057-13. legislative authority of a municipal hereby declared to be an emergency By Council Member Dow. corporation may object to the renew- measure and, provided it receives the An emergency resolution object- al of a permit based upon legal affirmative vote of two-thirds of all ing to the renewal of a C2 and C2X grounds as set forth in division (A) the members elected to Council, it Liquor Permit at 9306 Hough of Revised Code Section 4303.292; shall take effect and be in force imme- Avenue. and diately upon its adoption and Whereas, the uniform date for Whereas, the applicant is unfit to approval by the Mayor; otherwise, it renewal of liquor permits in the continue to engage in the liquor per- shall take effect and be in force from State of Ohio is October 1st; and mit business in that he has operat- and after the earliest period allowed Whereas, pursuant to Section ed his liquor permit business in a by law. 4303.271 of the Revised Code, the manner that demonstrates a disre- Adopted August 14, 2013. legislative authority of a municipal gard for the laws, regulations or Effective August 16, 2013. corporation may object to the renew- local ordinances of the state, and 1374 August 21, 2013 The City Record 63 that this objection is based on other thirty days prior to the expiration 44103, and requests the Director of legal grounds as set forth in date of the permit; now, therefore, Liquor Control to set a hearing for Revised Code Section 4303.292; and Be it resolved by the Council of said application in accordance with Whereas, this resolution consti- the City of Cleveland: provisions of Section 4303.271 of the tutes an emergency measure provid- Section 1. That Council does hereby Revised Code of Ohio. ing for the immediate preservation record its objection to the renewal of Section 2. That the Clerk of Council of the public peace, prosperity, safe- a D1, D2, D3 and D3A Liquor Permit, be and she is hereby directed to trans- ty and welfare pursuant to Section Permit No. 1869990 owned by Cyber mit two certified copies of this resolu- 4303.271 of the Ohio Revised Code, Weekend, Ltd., DBA Grzejkas Place, tion, together with two copies of a let- objections to renewal of liquor per- 1st floor and basement, 11619 Lorain ter of objection and two copies of a mits shall be made no later than Avenue, Cleveland, Ohio 44102, and letter requesting that the hearing be thirty days prior to the expiration requests the Director of Liquor Con- held in Cleveland, Cuyahoga County, date of the permit; now, therefore, trol to set a hearing for said applica- and a statement by the Director of Be it resolved by the Council of tion in accordance with provisions of Law that, in the Director’s opinion, the City of Cleveland: Section 4303.271 of the Revised Code that the objection is based upon sub- Section 1. That Council does hereby of Ohio. stantial legal grounds within the record its objection to the renewal of Section 2. That the Clerk of Council meaning and intent of division (A) of a C2 and C2X Liquor Permit, Permit be and she is hereby directed to trans- Section 4303.292 of the Revised Code No. 5542863 owned by Mario Family, mit two certified copies of this resolu- to the Director of Liquor Control. Inc., DBA Scott Food Mart, 951 Linn tion, together with two copies of a let- Section 3. That this resolution is Drive, 1st floor, Cleveland, Ohio 44108, ter of objection and two copies of a hereby declared to be an emergency and requests the Director of Liquor letter requesting that the hearing be measure and, provided it receives the Control to set a hearing for said appli- held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all cation in accordance with provisions and a statement by the Director of the members elected to Council, it of Section 4303.271 of the Revised Law that, in the Director’s opinion, shall take effect and be in force imme- Code of Ohio. that the objection is based upon sub- diately upon its adoption and Section 2. That the Clerk of Council stantial legal grounds within the approval by the Mayor; otherwise, it be and she is hereby directed to trans- meaning and intent of division (A) of shall take effect and be in force from mit two certified copies of this resolu- Section 4303.292 of the Revised Code and after the earliest period allowed tion, together with two copies of a let- to the Director of Liquor Control. by law. ter of objection and two copies of a Section 3. That this resolution is Adopted August 14, 2013. letter requesting that the hearing be hereby declared to be an emergency Effective August 16, 2013. held in Cleveland, Cuyahoga County, measure and, provided it receives the and a statement by the Director of affirmative vote of two-thirds of all Law that, in the Director’s opinion, the members elected to Council, it that the objection is based upon sub- shall take effect and be in force imme- Res. No. 1061-13. stantial legal grounds within the diately upon its adoption and By Council Member Dow. meaning and intent of division (A) of approval by the Mayor; otherwise, it An emergency resolution object- Section 4303.292 of the Revised Code shall take effect and be in force from ing to the renewal of a D1, D2, D3, to the Director of Liquor Control. and after the earliest period allowed D3A and D6 Liquor Permit at 6702 Section 3. That this resolution is by law. St. Clair Avenue, 1st floor and base- hereby declared to be an emergency Adopted August 14, 2013. ment. measure and, provided it receives the Effective August 16, 2013. Whereas, the uniform date for affirmative vote of two-thirds of all renewal of liquor permits in the the members elected to Council, it State of Ohio is October 1st; and shall take effect and be in force imme- Whereas, pursuant to Section diately upon its adoption and Res. No. 1060-13. 4303.271 of the Revised Code, the approval by the Mayor; otherwise, it By Council Member Dow. legislative authority of a municipal shall take effect and be in force from An emergency resolution object- corporation may object to the renew- and after the earliest period allowed ing to the renewal of a D2, D2X, D3 al of a permit based upon legal by law. and D6 Liquor Permit at 6201 St. grounds as set forth in division (A) Adopted August 14, 2013. Clair Avenue, 1st floor. of Revised Code Section 4303.292; Effective August 16, 2013. Whereas, the uniform date for and renewal of liquor permits in the Whereas, the applicant is unfit to State of Ohio is October 1st; and continue to engage in the liquor per- Whereas, pursuant to Section mit business in that he has operat- Res. No. 1059-13. 4303.271 of the Revised Code, the ed his liquor permit business in a By Council Member Brady. legislative authority of a municipal manner that demonstrates a disre- An emergency resolution object- corporation may object to the renew- gard for the laws, regulations or ing to the renewal of a D1, D2, D3 al of a permit based upon legal local ordinances of the state, and and D3A Liquor Permit at 11619 grounds as set forth in division (A) that this objection is based on other Lorain Avenue. of Revised Code Section 4303.292; legal grounds as set forth in Whereas, the uniform date for and Revised Code Section 4303.292; and renewal of liquor permits in the Whereas, the applicant is unfit to Whereas, this resolution consti- State of Ohio is October 1st; and continue to engage in the liquor per- tutes an emergency measure provid- Whereas, pursuant to Section mit business in that he has operat- ing for the immediate preservation 4303.271 of the Revised Code, the ed his liquor permit business in a of the public peace, prosperity, safe- legislative authority of a municipal manner that demonstrates a disre- ty and welfare pursuant to Section corporation may object to the renew- gard for the laws, regulations or 4303.271 of the Ohio Revised Code, al of a permit based upon legal local ordinances of the state, and objections to renewal of liquor per- grounds as set forth in division (A) that this objection is based on other mits shall be made no later than of Revised Code Section 4303.292; legal grounds as set forth in thirty days prior to the expiration and Revised Code Section 4303.292; and date of the permit; now, therefore, Whereas, the applicant is unfit to Whereas, this resolution consti- Be it resolved by the Council of continue to engage in the liquor per- tutes an emergency measure provid- the City of Cleveland: mit business in that he has operat- ing for the immediate preservation Section 1. That Council does hereby ed his liquor permit business in a of the public peace, prosperity, safe- record its objection to the renewal of manner that demonstrates a disre- ty and welfare pursuant to Section a D1, D2, D3, D3A and D6 Liquor Per- gard for the laws, regulations or 4303.271 of the Ohio Revised Code, mit, Permit No. 8988551 owned by Top- local ordinances of the state, and objections to renewal of liquor per- cat, LLC, DBA Topcats Pub & Grill, that this objection is based on other mits shall be made no later than 6702 St. Clair Avenue, 1st floor and legal grounds as set forth in thirty days prior to the expiration basement, Cleveland, Ohio 44103, and Revised Code Section 4303.292; and date of the permit; now, therefore, requests the Director of Liquor Con- Whereas, this resolution consti- Be it resolved by the Council of trol to set a hearing for said applica- tutes an emergency measure provid- the City of Cleveland: tion in accordance with provisions of ing for the immediate preservation Section 1. That Council does hereby Section 4303.271 of the Revised Code of the public peace, prosperity, safe- record its objection to the renewal of of Ohio. ty and welfare pursuant to Section a D2, D2X, D3 and D6 Liquor Permit, Section 2. That the Clerk of Council 4303.271 of the Ohio Revised Code, Permit No. 2275179 owned by Dot & be and she is hereby directed to trans- objections to renewal of liquor per- Beanies Tavern, Inc., 6201 St. Clair mit two certified copies of this resolu- mits shall be made no later than Avenue, 1st floor, Cleveland, Ohio tion, together with two copies of a let- 1375 64 The City Record August 21, 2013 ter of objection and two copies of a Section 1. That Council does hereby mit two certified copies of this resolu- letter requesting that the hearing be record its objection to the transfer of tion, together with two copies of a let- held in Cleveland, Cuyahoga County, ownership of a C1 Liquor Permit from ter of objection and two copies of a and a statement by the Director of State Road Food & Beverage, Inc., letter requesting that the hearing be Law that, in the Director’s opinion, DBA Save More Mart, 4380 State Road, held in Cleveland, Cuyahoga County, that the objection is based upon sub- Cleveland, Ohio 44109, Permanent and a statement by the Director of stantial legal grounds within the Number 8517121 to Shree Ganeshai Law that, in the Director’s opinion, meaning and intent of division (A) of Nama, Inc., DBA Save More Mart, 4380 that the objection is based upon sub- Section 4303.292 of the Revised Code State Road, Cleveland, Ohio 44109, stantial legal grounds within the to the Director of Liquor Control. Permanent Number 8112818; and meaning and intent of division (A) of Section 3. That this resolution is requests the Director of Liquor Con- Section 4303.292 of the Revised Code hereby declared to be an emergency trol to set a hearing for said applica- to the Director of Liquor Control. measure and, provided it receives the tion in accordance with provisions of Section 3. That this resolution is affirmative vote of two-thirds of all Section 4303.26 of the Revised Code of hereby declared to be an emergency the members elected to Council, it Ohio. measure and, provided it receives the shall take effect and be in force imme- Section 2. That the Clerk of Council affirmative vote of two-thirds of all diately upon its adoption and be and she is hereby directed to trans- the members elected to Council, it approval by the Mayor; otherwise, it mit two certified copies of this resolu- shall take effect and be in force imme- shall take effect and be in force from tion, together with two copies of a let- diately upon its adoption and and after the earliest period allowed ter of objection and two copies of a approval by the Mayor; otherwise, it by law. letter requesting that the hearing be shall take effect and be in force from Adopted August 14, 2013. held in Cleveland, Cuyahoga County. and after the earliest period allowed Effective August 16, 2013. Section 3. That this resolution is by law. hereby declared to be an emergency Adopted August 14, 2013. measure and, provided it receives the Effective August 16, 2013. affirmative vote of two-thirds of all Res. No. 1062-13. the members elected to Council, it By Council Member Kelley. shall take effect and be in force imme- An emergency resolution object- diately upon its adoption and Res. No. 1064-13. ing to the transfer of ownership of approval by the Mayor; otherwise, it By Council Member Dow. a C1 Liquor Permit to 4380 State shall take effect and be in force from An emergency resolution object- Road. and after the earliest period allowed ing to the renewal of a D1, D2, D3, Whereas, Council has been noti- by law. D3A and D6 Liquor Permit at 7017- fied by the Department of Liquor Adopted August 14, 2013. 19 Superior Avenue, 1st floor only. Control of an application for the Effective August 16, 2013. Whereas, the uniform date for transfer of ownership of a C1 Liquor renewal of liquor permits in the Permit from State Road Food & Bev- State of Ohio is October 1st; and erage, Inc., DBA Save More Mart, Whereas, pursuant to Section 4380 State Road, Cleveland, Ohio Res. No. 1063-13. 4303.271 of the Revised Code, the 44109, Permanent Number 8517121 to By Council Member Dow. legislative authority of a municipal Shree Ganeshai Nama, Inc., DBA An emergency resolution object- corporation may object to the renew- Save More Mart, 4380 State Road, ing to the renewal of a D1, D2, D3, al of a permit based upon legal Cleveland, Ohio 44109, Permanent D3A and D6 Liquor Permit at 6820- grounds as set forth in division (A) Number 8112818; and 24 Superior Avenue, 1st floor and Whereas, the granting of this basement. of Revised Code Section 4303.292; application for a liquor permit to Whereas, the uniform date for and this high crime area, which is renewal of liquor permits in the Whereas, the applicant is unfit to already saturated with other liquor State of Ohio is October 1st; and continue to engage in the liquor per- outlets, is contrary to the best inter- Whereas, pursuant to Section mit business in that he has operat- ests of the entire community; and 4303.271 of the Revised Code, the ed his liquor permit business in a Whereas, the applicant does not legislative authority of a municipal manner that demonstrates a disre- qualify to be a permit holder and/or corporation may object to the renew- gard for the laws, regulations or has demonstrated that he has oper- al of a permit based upon legal local ordinances of the state, and ated his liquor business in disregard grounds as set forth in division (A) that this objection is based on other of the laws, regulations or local of Revised Code Section 4303.292; legal grounds as set forth in ordinances of this state or any other and Revised Code Section 4303.292; and state; and Whereas, the applicant is unfit to Whereas, this resolution consti- Whereas, the place for which the continue to engage in the liquor per- tutes an emergency measure provid- permit is sought has not conformed mit business in that he has operat- ing for the immediate preservation to the building, safety or health ed his liquor permit business in a of the public peace, prosperity, safe- requirements of the governing body manner that demonstrates a disre- ty and welfare pursuant to Section of this County or City; and gard for the laws, regulations or 4303.271 of the Ohio Revised Code, Whereas, the place for which the local ordinances of the state, and objections to renewal of liquor per- permit is sought is so arranged or that this objection is based on other mits shall be made no later than constructed that law enforcement legal grounds as set forth in thirty days prior to the expiration officers or agents of the Department Revised Code Section 4303.292; and date of the permit; now, therefore, of Liquor Control are prevented rea- Whereas, this resolution consti- Be it resolved by the Council of sonable access to the establishment; tutes an emergency measure provid- the City of Cleveland: and ing for the immediate preservation Section 1. That Council does hereby Whereas, the place for which the of the public peace, prosperity, safe- record its objection to the renewal of permit is sought is so located with ty and welfare pursuant to Section a D1, D2, D3, D3A and D6 Liquor Per- respect to the neighborhood that it 4303.271 of the Ohio Revised Code, mit, Permit No. 1173725 owned by C & substantially interferes with public objections to renewal of liquor per- S Entertainment, LLC, DBA Club Bot- decency, sobriety, peace or good mits shall be made no later than toms Up, 7017-19, Superior Avenue, 1st order; and thirty days prior to the expiration floor only, Cleveland, Ohio 44103, and Whereas, this objection is based date of the permit; now, therefore, requests the Director of Liquor Con- on other legal grounds as set forth Be it resolved by the Council of trol to set a hearing for said applica- in Revised Code Section 4303.292; the City of Cleveland: tion in accordance with provisions of and Section 1. That Council does hereby Section 4303.271 of the Revised Code Whereas, this resolution consti- record its objection to the renewal of of Ohio. tutes an emergency measure provid- a D1, D2, D3, D3A and D6 Liquor Per- Section 2. That the Clerk of Council ing for the immediate preservation mit, Permit No.41750850005 owned by be and she is hereby directed to trans- of the public peace, prosperity, safe- J D L, Inc., 6820-24 Superior Avenue, mit two certified copies of this resolu- ty and welfare pursuant to Section 1st floor and basement, Cleveland, tion, together with two copies of a let- 4303.26 of the Ohio Revised Code. Ohio 44103, and requests the Director ter of objection and two copies of a Council’s objection to said permit of Liquor Control to set a hearing for letter requesting that the hearing be must be received by the Director of said application in accordance with held in Cleveland, Cuyahoga County, Liquor Control within 30 days of provisions of Section 4303.271 of the and a statement by the Director of notification; now, therefore, Revised Code of Ohio. Law that, in the Director’s opinion, Be it resolved by the Council of Section 2. That the Clerk of Council that the objection is based upon sub- the City of Cleveland: be and she is hereby directed to trans- stantial legal grounds within the 1376 August 21, 2013 The City Record 65 meaning and intent of division (A) of approval by the Mayor; otherwise, it diately upon its adoption and Section 4303.292 of the Revised Code shall take effect and be in force from approval by the Mayor; otherwise, it to the Director of Liquor Control. and after the earliest period allowed shall take effect and be in force from Section 3. That this resolution is by law. and after the earliest period allowed hereby declared to be an emergency Adopted August 14, 2013. by law. measure and, provided it receives the Effective August 16, 2013. Adopted August 14, 2013. affirmative vote of two-thirds of all Effective August 16, 2013. the members elected to Council, it shall take effect and be in force imme- diately upon its adoption and Res. No. 1066-13. approval by the Mayor; otherwise, it By Council Member Mitchell. Res. No. 1067-13. shall take effect and be in force from An emergency resolution object- By Council Member Miller. and after the earliest period allowed ing to a New C1 Liquor Permit at An emergency resolution object- by law. 3489 East 93rd Street. ing to the transfer of Liquor License Adopted August 14, 2013. Whereas, Council has been noti- of a D1 and D2 Liquor Permit to Effective August 16, 2013. fied by the Department of Liquor 12307 St. Clair Avenue. Control of an application for a New Whereas, Council has been noti- C1 Liquor Permit at Union 93rd Bev- fied by the Department of Liquor erage, LLC, 3489 East 93rd Street, Control of an application for a trans- Res. No. 1065-13. Cleveland, Ohio 44104, Permit Num- fer of Liquor License of a D1 and By Council Member Dow. ber 9152254; and D2 Liquor Permit from Pasqualina An emergency resolution object- Whereas, the granting of this DiBello, DBA DiBello Tavern, 6601 ing to the renewal of a C1 and C2 application for a liquor permit to Herman Avenue, 1st floor and base- Liquor Permit at 8023 Superior this high crime area, which is ment, Cleveland, Ohio 44102, Perma- Avenue. already saturated with other liquor nent Number 2127555 to Food Xpress Whereas, the uniform date for outlets, is contrary to the best inter- and Gas, Inc., DBA Gas USA, 12307 renewal of liquor permits in the ests of the entire community; and St. Clair Avenue, Cleveland, Ohio State of Ohio is October 1st; and Whereas, the applicant does not 44108, Permanent Number 2805847; Whereas, pursuant to Section qualify to be a permit holder and/or and 4303.271 of the Revised Code, the has demonstrated that he has oper- Whereas, the granting of this legislative authority of a municipal ated his liquor business in disregard application for a liquor permit to corporation may object to the renew- of the laws, regulations or local this high crime area, which is al of a permit based upon legal ordinances of this state or any other already saturated with other liquor grounds as set forth in division (A) state; and outlets, is contrary to the best inter- of Revised Code Section 4303.292; Whereas, the place for which the ests of the entire community; and and permit is sought has not conformed Whereas, the applicant does not Whereas, the applicant is unfit to to the building, safety or health qualify to be a permit holder and/or continue to engage in the liquor per- requirements of the governing body has demonstrated that he has oper- mit business in that he has operat- of this County or City; and ated his liquor business in disregard ed his liquor permit business in a Whereas, the place for which the of the laws, regulations or local manner that demonstrates a disre- permit is sought is so arranged or ordinances of this state or any other gard for the laws, regulations or constructed that law enforcement state; and local ordinances of the state, and officers or agents of the Department Whereas, the place for which the that this objection is based on other of Liquor Control are prevented rea- permit is sought has not conformed legal grounds as set forth in sonable access to the establishment; to the building, safety or health Revised Code Section 4303.292; and and requirements of the governing body Whereas, this resolution consti- Whereas, the place for which the of this County or City; and tutes an emergency measure provid- permit is sought is so located with Whereas, the place for which the ing for the immediate preservation respect to the neighborhood that it permit is sought is so arranged or substantially interferes with public constructed that law enforcement of the public peace, prosperity, safe- decency, sobriety, peace or good officers or agents of the Department ty and welfare pursuant to Section order; and of Liquor Control are prevented rea- 4303.271 of the Ohio Revised Code, Whereas, this objection is based sonable access to the establishment; objections to renewal of liquor per- on other legal grounds as set forth and mits shall be made no later than in Revised Code Section 4303.292; Whereas, the place for which the thirty days prior to the expiration and permit is sought is so located with date of the permit; now, therefore, Whereas, this resolution consti- respect to the neighborhood that it Be it resolved by the Council of tutes an emergency measure provid- substantially interferes with public the City of Cleveland: ing for the immediate preservation decency, sobriety, peace or good Section 1. That Council does hereby of the public peace, prosperity, safe- order; and record its objection to the renewal of ty and welfare pursuant to Section Whereas, this objection is based a C1 and C2 Liquor Permit, Permit No. 4303.26 of the Ohio Revised Code. on other legal grounds as set forth 2455588 owned by 8023 Food Corp., Council’s objection to said permit in Revised Code Section 4303.292; DBA In & Out Food Deal, 8023 Superi- must be received by the Director of and or Avenue, Cleveland, Ohio 44103, and Liquor Control within 30 days of Whereas, this resolution consti- requests the Director of Liquor Con- notification; now, therefore, tutes an emergency measure provid- trol to set a hearing for said applica- Be it resolved by the Council of ing for the immediate preservation tion in accordance with provisions of the City of Cleveland: of the public peace, prosperity, safe- Section 4303.271 of the Revised Code Section 1. That Council does hereby ty and welfare pursuant to Section of Ohio. record its objection to a New C1 4303.26 of the Ohio Revised Code. Section 2. That the Clerk of Council Liquor Permit at Union 93rd Bever- Council’s objection to said permit be and she is hereby directed to trans- age, LLC, 3489 East 93rd Street, Cleve- must be received by the Director of mit two certified copies of this resolu- land, Ohio 44104, Permit Number Liquor Control within 30 days of tion, together with two copies of a let- 9152254; and requests the Director of notification; now, therefore, ter of objection and two copies of a Liquor Control to set a hearing for Be it resolved by the Council of letter requesting that the hearing be said application in accordance with the City of Cleveland: held in Cleveland, Cuyahoga County, provisions of Section 4303.26 of the Section 1. That Council does hereby and a statement by the Director of Revised Code of Ohio. record its objection to the transfer of Law that, in the Director’s opinion, Section 2. That the Clerk of Council Liquor License of a D1 and D2 Liquor that the objection is based upon sub- be and she is hereby directed to trans- Permit from Pasqualina DiBello, DBA stantial legal grounds within the mit two certified copies of this resolu- DiBello Tavern, 6601 Herman Avenue, meaning and intent of division (A) of tion, together with two copies of a let- 1st floor and basement, Cleveland, Section 4303.292 of the Revised Code ter of objection and two copies of a Ohio 44102, Permanent Number to the Director of Liquor Control. letter requesting that the hearing be 2127555 to Food Xpress and Gas, Inc., Section 3. That this resolution is held in Cleveland, Cuyahoga County. DBA Gas USA, 12307 St. Clair Avenue, hereby declared to be an emergency Section 3. That this resolution is Cleveland, Ohio 44108, Permanent measure and, provided it receives the hereby declared to be an emergency Number 2805847; and requests the affirmative vote of two-thirds of all measure and, provided it receives the Director of Liquor Control to set a the members elected to Council, it affirmative vote of two-thirds of all hearing for said application in accor- shall take effect and be in force imme- the members elected to Council, it dance with provisions of Section diately upon its adoption and shall take effect and be in force imme- 4303.26 of the Revised Code of Ohio. 1377 66 The City Record August 21, 2013

Section 2. That the Clerk of Council Whereas, restoration of this high- ty and welfare pursuant to Section be and she is hereby directed to trans- ly significant structure will ensure 4303.271 of the Ohio Revised Code, mit two certified copies of this resolu- the Mansion’s continued existence objections to renewal of liquor per- tion, together with two copies of a let- as one of the greatest, and last, mits shall be made no later than ter of objection and two copies of a architectural testaments to this peri- thirty days prior to the expiration letter requesting that the hearing be od of Cleveland’s history; and date of the permit; now, therefore, held in Cleveland, Cuyahoga County. Whereas, the completion of this Be it resolved by the Council of Section 3. That this resolution is project will set a strong example of the City of Cleveland: hereby declared to be an emergency the continued importance of the Section 1. That Council does hereby measure and, provided it receives the revitalization of Cleveland’s neigh- record its objection to the renewal of affirmative vote of two-thirds of all borhoods, will positively stimulate a D5 Liquor Permit, Permit No. the members elected to Council, it the local economy with skilled con- 47172320001 owned by Kloos & Das shall take effect and be in force imme- struction jobs and local investment, Co., Inc., DBA Red Pepper Lounge, diately upon its adoption and and preserve a local landmark that 7115-19 Lorain Avenue and West 73rd approval by the Mayor; otherwise, it has received support from Cleveland Street, Cleveland, Ohio 44102, and shall take effect and be in force from State University and the community requests the Director of Liquor Con- and after the earliest period allowed at large; and trol to set a hearing for said applica- by law. Whereas, Cleveland City Council tion in accordance with provisions of Adopted August 14, 2013. supports The Chesler Group, Inc.’s Section 4303.271 of the Revised Code Effective August 16, 2013. proposal for restoring the Stager- of Ohio. Beckwith Mansion as a high priori- Section 2. That the Clerk of Council ty initiative for future development be and she is hereby directed to trans- in the community for the benefit the mit two certified copies of this resolu- Res. No. 1091-13. citizens of the City of Cleveland; tion, together with two copies of a let- By Council Member J. Johnson. and ter of objection and two copies of a An emergency resolution support- Whereas, this resolution consti- letter requesting that the hearing be ing the application of The Chesler tutes an emergency measure for the held in Cleveland, Cuyahoga County, Group, Inc. to the Ohio Development immediate preservation of public and a statement by the Director of Services Agency for Ohio Historic peace, property, health or safety, Law that, in the Director’s opinion, Preservation Tax Credits for the now, therefore, that the objection is based upon sub- restoration of the Stager-Beckwith Be it resolved by the Council of stantial legal grounds within the Mansion located at 3813 Euclid the City of Cleveland: meaning and intent of division (A) of Avenue. Section 1. That this Council sup- Section 4303.292 of the Revised Code Whereas, each year the State of ports the application of The Chesler to the Director of Liquor Control. Ohio through the Ohio Development Group, Inc. to the Ohio Development Section 3. That this resolution is Services Agency allocates Ohio His- Services Agency for Ohio Historic hereby declared to be an emergency toric Preservation Tax Credits to Preservation Tax Credits for the measure and, provided it receives the encourage private investment in his- restoration of the Stager-Beckwith torically significant buildings affirmative vote of two-thirds of all Mansion located at 3813 Euclid the members elected to Council, it throughout Ohio using a competitive Avenue. proposal process; and shall take effect and be in force imme- Section 2. That the Clerk of Council diately upon its adoption and Whereas, the Cleveland City Coun- is hereby directed to transmit a copy cil has recognized the need to main- approval by the Mayor; otherwise, it of this resolution to Michael Chesler, shall take effect and be in force from tain historic buildings in Cleve- President, The Chesler Group Inc. and after the earliest period allowed land’s neighborhoods, and desires to Section 3. That this resolution is by law. have the Stager-Beckwith Mansion, hereby declared to be an emergency Adopted August 14, 2013. a prominent, historic, architectural- measure and, provided it receives the Effective August 16, 2013. ly significant landmark, restored by affirmative vote of two-thirds of all The Chesler Group, Inc. who spe- the members elected to Council, it cializes in historic restoration; and shall take effect and be in force imme- Whereas, located along Cleve- diately upon its adoption and land’s historic “Euclid Avenue Mil- approval by the Mayor; otherwise it Res. No. 1162-13. lionaire’s Row,” the Stager-Beckwith shall take effect and be in force from By Council Member Brady. Mansion at 3813 Euclid Avenue is and after the earliest period allowed An emergency resolution object- one of the few remaining grand by law. ing to a New C1 Liquor Permit at Row mansions that are still stand- Adopted August 14, 2013. 4282 West 130th Street. ing today; and Effective August 16, 2013. Whereas, Council has been noti- Whereas, after completion of the fied by the Department of Liquor originally 10,000 square foot mason- Control of an application for a New ry residence in 1868, Euclid Avenue C1 Liquor Permit at Touma LLC, became internationally known for DBA J J S Grab & Go, 4282 West its wealthy residents and unparal- Res. No. 1161-13. By Council Member Zone. 130th Street, Cleveland, Ohio 44135, leled architecture, and the early yet Permit Number 9009245; and significant example of Second An emergency resolution object- Whereas, the granting of this French Empire and Italianate style ing to the renewal of a D5 Liquor application for a liquor permit to mansion, sold in 1913 to Cleveland’s Permit at 7115-19 Lorain Avenue and this high crime area, which is prominent University Club that West 73rd Street. expanded its footprint to 66,000 Whereas, the uniform date for already saturated with other liquor square feet, became an important renewal of liquor permits in the outlets, is contrary to the best inter- focus of Cleveland’s social life and State of Ohio is October 1st; and ests of the entire community; and greatly contributed to Euclid Whereas, pursuant to Section Whereas, the applicant does not Avenue’s prestigious status and rep- 4303.271 of the Revised Code, the qualify to be a permit holder and/or utation; and legislative authority of a municipal has demonstrated that he has oper- Whereas, in 1978, the Stager-Beck- corporation may object to the renew- ated his liquor business in disregard with Mansion became one of the al of a permit based upon legal of the laws, regulations or local first buildings in Cleveland to be grounds as set forth in division (A) ordinances of this state or any other placed on the National Register of of Revised Code Section 4303.292; state; and Historic Places, highlighting its and Whereas, the place for which the importance as a major contributor to Whereas, the applicant is unfit to permit is sought has not conformed the history and character of Cleve- continue to engage in the liquor per- to the building, safety or health land; and mit business in that he has operat- requirements of the governing body Whereas, the building has been ed his liquor permit business in a of this County or City; and vacant since 2009; and manner that demonstrates a disre- Whereas, the place for which the Whereas, The Chesler Group, Inc. gard for the laws, regulations or permit is sought is so arranged or now plans to perform a complete local ordinances of the state, and constructed that law enforcement historic restoration of the interior that this objection is based on other officers or agents of the Department and exterior of the Stager-Beckwith legal grounds as set forth in of Liquor Control are prevented rea- Mansion in compliance with the Sec- Revised Code Section 4303.292; and sonable access to the establishment; retary of the Interior’s Standards for Whereas, this resolution consti- and Rehabilitation of Historic Buildings tutes an emergency measure provid- Whereas, the place for which the to be used for office and conference ing for the immediate preservation permit is sought is so located with space; and of the public peace, prosperity, safe- respect to the neighborhood that it 1378 August 21, 2013 The City Record 67 substantially interferes with public Section 1. That Council does hereby Section 2. That the Clerk of Council decency, sobriety, peace or good record its objection to the renewal of be and she is hereby directed to trans- order; and a D5 Liquor Permit, Permit No. mit two certified copies of this resolu- Whereas, this objection is based 8917129 owned by 3194 Tavern, LLC, tion, together with two copies of a let- on other legal grounds as set forth DBA Stumble Inn, 3194 West 25th ter of objection and two copies of a in Revised Code Section 4303.292; Street, 1st floor and basement, Cleve- letter requesting that the hearing be and land, Ohio 44109, and requests the held in Cleveland, Cuyahoga County, Whereas, this resolution consti- Director of Liquor Control to set a and a statement by the Director of tutes an emergency measure provid- hearing for said application in accor- Law that, in the Director’s opinion, ing for the immediate preservation dance with provisions of Section that the objection is based upon sub- of the public peace, prosperity, safe- 4303.271 of the Revised Code of Ohio. stantial legal grounds within the ty and welfare pursuant to Section Section 2. That the Clerk of Council meaning and intent of division (A) of 4303.26 of the Ohio Revised Code. be and she is hereby directed to trans- Section 4303.292 of the Revised Code Council’s objection to said permit mit two certified copies of this resolu- to the Director of Liquor Control. must be received by the Director of tion, together with two copies of a let- Section 3. That this resolution is Liquor Control within 30 days of ter of objection and two copies of a hereby declared to be an emergency notification; now, therefore, letter requesting that the hearing be measure and, provided it receives the Be it resolved by the Council of held in Cleveland, Cuyahoga County, affirmative vote of two-thirds of all the City of Cleveland: and a statement by the Director of the members elected to Council, it Section 1. That Council does hereby Law that, in the Director’s opinion, shall take effect and be in force imme- record its objection to a New C1 that the objection is based upon sub- diately upon its adoption and Liquor Permit at Touma, LLC, DBA J stantial legal grounds within the approval by the Mayor; otherwise, it J S Grab & Go, 4282 West 130th Street, meaning and intent of division (A) of shall take effect and be in force from Cleveland, Ohio 44135, Permit Number Section 4303.292 of the Revised Code and after the earliest period allowed 9009245; and requests the Director of to the Director of Liquor Control. by law. Liquor Control to set a hearing for Section 3. That this resolution is Adopted August 14, 2013. said application in accordance with hereby declared to be an emergency Effective August 16, 2013. provisions of Section 4303.26 of the measure and, provided it receives the Revised Code of Ohio. affirmative vote of two-thirds of all Section 2. That the Clerk of Council the members elected to Council, it be and she is hereby directed to trans- shall take effect and be in force imme- Res. No. 1165-13. mit two certified copies of this resolu- diately upon its adoption and By Council Member Cummins. tion, together with two copies of a let- approval by the Mayor; otherwise, it An emergency resolution object- ter of objection and two copies of a shall take effect and be in force from ing to the renewal of a D2, D2X, D3 letter requesting that the hearing be and after the earliest period allowed and D3A Liquor Permit at 3357-59 held in Cleveland, Cuyahoga County. by law. Fulton Road, 1st floor. Section 3. That this resolution is Adopted August 14, 2013. Whereas, the uniform date for hereby declared to be an emergency Effective August 16, 2013. renewal of liquor permits in the measure and, provided it receives the State of Ohio is October 1st; and affirmative vote of two-thirds of all Whereas, pursuant to Section the members elected to Council, it 4303.271 of the Revised Code, the shall take effect and be in force imme- Res. No. 1164-13. legislative authority of a municipal diately upon its adoption and By Council Member Cimperman. corporation may object to the renew- approval by the Mayor; otherwise, it An emergency resolution object- al of a permit based upon legal shall take effect and be in force from ing to the renewal of a D1, D2, D3, grounds as set forth in division (A) and after the earliest period allowed D3A and D6 Liquor Permit at 3232 of Revised Code Section 4303.292; by law. Lakeside Avenue and basement. and Adopted August 14, 2013. Whereas, the uniform date for Whereas, the applicant is unfit to Effective August 16, 2013. renewal of liquor permits in the continue to engage in the liquor per- State of Ohio is October 1st; and mit business in that he has operat- Whereas, pursuant to Section ed his liquor permit business in a 4303.271 of the Revised Code, the manner that demonstrates a disre- Res. No. 1163-13. legislative authority of a municipal gard for the laws, regulations or By Council Member Cummins. corporation may object to the renew- local ordinances of the state, and An emergency resolution object- al of a permit based upon legal that this objection is based on other ing to the renewal of a D5 Liquor grounds as set forth in division (A) legal grounds as set forth in Permit at 3194 West 25th Street, 1st of Revised Code Section 4303.292; Revised Code Section 4303.292; and floor and basement. and Whereas, this resolution consti- Whereas, the uniform date for Whereas, the applicant is unfit to tutes an emergency measure provid- renewal of liquor permits in the continue to engage in the liquor per- ing for the immediate preservation State of Ohio is October 1st; and mit business in that he has operat- of the public peace, prosperity, safe- Whereas, pursuant to Section ed his liquor permit business in a ty and welfare pursuant to Section 4303.271 of the Revised Code, the manner that demonstrates a disre- 4303.271 of the Ohio Revised Code, legislative authority of a municipal gard for the laws, regulations or objections to renewal of liquor per- corporation may object to the renew- local ordinances of the state, and mits shall be made no later than al of a permit based upon legal that this objection is based on other thirty days prior to the expiration grounds as set forth in division (A) legal grounds as set forth in date of the permit; now, therefore, of Revised Code Section 4303.292; Revised Code Section 4303.292; and Be it resolved by the Council of and Whereas, this resolution consti- the City of Cleveland: Whereas, the applicant is unfit to tutes an emergency measure provid- Section 1. That Council does hereby continue to engage in the liquor per- ing for the immediate preservation record its objection to the renewal of mit business in that he has operat- of the public peace, prosperity, safe- a D2, D2X, D3 and D3A Liquor Permit, ed his liquor permit business in a ty and welfare pursuant to Section Permit No.1282064 owned by Patricia manner that demonstrates a disre- 4303.271 of the Ohio Revised Code, M. Carr, DBA Crystal Sports Bar, 3357- gard for the laws, regulations or objections to renewal of liquor per- 59 Fulton Road, 1st floor, Cleveland, local ordinances of the state, and mits shall be made no later than Ohio 44109, and requests the Director that this objection is based on other thirty days prior to the expiration of Liquor Control to set a hearing for legal grounds as set forth in date of the permit; now, therefore, said application in accordance with Revised Code Section 4303.292; and Be it resolved by the Council of provisions of Section 4303.271 of the Whereas, this resolution consti- the City of Cleveland: Revised Code of Ohio. tutes an emergency measure provid- Section 1. That Council does hereby Section 2. That the Clerk of Council ing for the immediate preservation record its objection to the renewal of be and she is hereby directed to trans- of the public peace, prosperity, safe- a D1, D2, D3, D3A and D6 Liquor Per- mit two certified copies of this resolu- ty and welfare pursuant to Section mit, Permit No. 2779680 owned by tion, together with two copies of a let- 4303.271 of the Ohio Revised Code, Flextron, LLC, DBA Gotcha Inn, 3232 ter of objection and two copies of a objections to renewal of liquor per- Lakeside Avenue and basement, letter requesting that the hearing be mits shall be made no later than Cleveland, Ohio 44114, and requests held in Cleveland, Cuyahoga County, thirty days prior to the expiration the Director of Liquor Control to set a and a statement by the Director of date of the permit; now, therefore, hearing for said application in accor- Law that, in the Director’s opinion, Be it resolved by the Council of dance with provisions of Section that the objection is based upon sub- the City of Cleveland: 4303.271 of the Revised Code of Ohio. stantial legal grounds within the 1379 68 The City Record August 21, 2013 meaning and intent of division (A) of substantially interferes with public Whereas, each year the State of Section 4303.292 of the Revised Code decency, sobriety, peace or good Ohio through the Ohio Development to the Director of Liquor Control. order; and Services Agency allocates State His- Section 3. That this resolution is Whereas, this objection is based toric Tax Credits for historic rede- hereby declared to be an emergency on other legal grounds as set forth velopment projects throughout Ohio measure and, provided it receives the in Revised Code Section 4303.292; using a competitive proposal affirmative vote of two-thirds of all and process; and the members elected to Council, it Whereas, this resolution consti- Whereas, the Cleveland City Coun- shall take effect and be in force imme- tutes an emergency measure provid- cil recognizes the need to maintain diately upon its adoption and ing for the immediate preservation historic buildings in Cleveland’s approval by the Mayor; otherwise, it of the public peace, prosperity, safe- neighborhoods; and shall take effect and be in force from ty and welfare pursuant to Section Whereas, the Friends of the His- and after the earliest period allowed 4303.26 of the Ohio Revised Code. by law. Council’s objection to said permit toric Variety Theatre, Inc., propose Adopted August 14, 2013. must be received by the Director of a substantial rehabilitation and Effective August 16, 2013. Liquor Control within 30 days of adaptive reuse of the former Vari- notification; now, therefore, ety Theatre Building into ground- Be it resolved by the Council of floor commercial and retail space, the City of Cleveland: second floor apartments as well as Res. No. 1166-13. Section 1. That Council does hereby a repurposing of the former theatre By Council Member Brady. record its objection to the transfer of space into a smaller entertainment An emergency resolution object- ownership of a D5 Liquor Permit from venue; and ing to the transfer of ownership of Fidelity Sports, Inc., DBA Fidelity Whereas, Cleveland City Council a D5 Liquor Permit to 3349 West Bar, 3349 West 117th Street, 1st floor supports the Friends of the Historic 117th Street, 1st floor and rear. and rear, Cleveland, Ohio 44111, Per- Variety Theatre, Inc.’s proposal for Whereas, Council has been noti- manent Number 2714691 to Chief’s the Variety Theatre Building locat- fied by the Department of Liquor Headquarters, Inc., DBA HQ Lounge, ed at 11815 Lorain Avenue as a high Control of an application for the 3349 West 117th Street, 1st floor and priority initiative for future devel- transfer of ownership of a D5 Liquor rear, Cleveland, Ohio 44111, Perma- opment in the community for the Permit from Fidelity Sports, Inc., nent Number 1428979; and requests benefit the citizens of the City of DBA Fidelity Bar, 3349 West 117th the Director of Liquor Control to set a Cleveland; and hearing for said application in accor- Street, 1st floor and rear, Cleveland, Whereas, this resolution consti- Ohio 44111, Permanent Number dance with provisions of Section tutes an emergency measure for the 2714691 to Chief’s Headquarters, 4303.26 of the Revised Code of Ohio. immediate preservation of public Inc., DBA HQ Lounge, 3349 West Section 2. That the Clerk of Council 117th Street, 1st floor and rear, be and she is hereby directed to trans- peace, property, health or safety, Cleveland, Ohio 44111, Permanent mit two certified copies of this resolu- now, therefore, Number 1428979; and tion, together with two copies of a let- Be it resolved by the Council of Whereas, the granting of this ter of objection and two copies of a the City of Cleveland: application for a liquor permit to letter requesting that the hearing be Section 1. That this Council sup- this high crime area, which is held in Cleveland, Cuyahoga County. ports the application of the Friends of already saturated with other liquor Section 3. That this resolution is the Historic Variety Theatre, Inc. to outlets, is contrary to the best inter- hereby declared to be an emergency the Ohio Development Services ests of the entire community; and measure and, provided it receives the Agency for State Historic Tax Credits Whereas, the applicant does not affirmative vote of two-thirds of all for the Variety Theatre Building qualify to be a permit holder and/or the members elected to Council, it located at 11815 Lorain Avenue. has demonstrated that he has oper- shall take effect and be in force imme- Section 2. That the Clerk of Council ated his liquor business in disregard diately upon its adoption and is hereby directed to transmit two of the laws, regulations or local approval by the Mayor; otherwise, it copies of this resolution to Chad Dash- ordinances of this state or any other shall take effect and be in force from er, Executive Director, of Westown state; and and after the earliest period allowed Community Development Corpora- Whereas, the place for which the by law. tion. Adopted August 14, 2013. permit is sought has not conformed Section 3. That this resolution is to the building, safety or health Effective August 16, 2013. hereby declared to be an emergency requirements of the governing body measure and, provided it receives the of this County or City; and affirmative vote of two-thirds of all Whereas, the place for which the permit is sought is so arranged or Res. No. 1169-13. the members elected to Council, it constructed that law enforcement By Council Member Brady. shall take effect and be in force imme- officers or agents of the Department An emergency resolution support- diately upon its adoption and of Liquor Control are prevented rea- ing the application of the Friends of approval by the Mayor; otherwise it sonable access to the establishment; the Historic Variety Theatre, Inc. to shall take effect and be in force from and the Ohio Development Services and after the earliest period allowed Whereas, the place for which the Agency for State Historic Tax Cred- by law. permit is sought is so located with its for the Variety Theatre Building Adopted August 14, 2013. respect to the neighborhood that it located at 11815 Lorain Avenue. Effective August 16, 2013.

Ord. No. 212-12. By Council Member Miller. An ordinance changing the Use and Height Districts of land on the southwest side of Ivanhoe Road near Mandalay Avenue to a Semi-Industry Use District and a ‘3’ Height District (Map Change Number 2383, Sheet 7). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Height Districts of lands bounded and described as follows: Beginning in the centerline of Ivanhoe Road at its intersection with the southwesterly prolongation of the centerline of Mandalay Avenue; Thence southeasterly along said centerline of Ivanhoe Road to its intersection with the northeasterly prolongation of the northwesterly line of a parcel of land conveyed to Lsr. Realty Co., LTD by deed dated May 31, 1996 and recorded in Auditor’s File Number V96051170005, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 115- 19-001; Thence southwesterly along said northeasterly prolongation and said northwesterly line to its intersection with the southwesterly line of a parcel of land conveyed to G.Z.T Inc., by deed dated October 4, 1990 and recorded in Auditor’s File Number V90060910021, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 115-19-002; Thence northwesterly along said southwesterly line to its intersection with the northwesterly line thereof; Thence northeasterly along said northwesterly line and along its northeasterly prolongation to its intersection with the centerline of Ivanhoe Road; 1380 August 21, 2013 The City Record 69

Thence northwesterly along said centerline of Ivanhoe Road to its intersection with the principal place of beginning; and as shaded on the attached map is changed to a Semi-Industry Use 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. 2383, Sheet No. 7 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed August 14, 2013. Effective September 13, 2013.

Ord. No. 750-13. Whereas, this ordinance consti- Ohio, 1976, for the requirements for By Council Members Keane and tutes an emergency measure provid- a period of one year, with a one-year Kelley (by departmental request). ing for the usual daily operation of option to renew, exercisable by the An emergency ordinance authoriz- a municipal department; now, there- Director of Port Control, of the nec- ing the purchase by one or more fore, essary items of FAA-approved deic- requirement contracts of FAA- Be it ordained by the Council of ing chemicals, in the approximate approved deicing chemicals, for the the City of Cleveland: amount as purchased during the pre- various divisions of the Department Section 1. That the Director of ceding term, to be purchased by the of Port Control, for a period of one Port Control is authorized to make Commissioner of Purchases and Sup- year, with a one-year option to one or more written requirement plies on a unit basis for the various renew, exercisable by the Director contracts under the Charter and the divisions of the Department of Port of Port Control. Codified Ordinances of Cleveland, Control. Bids shall be taken in a 1381 70 The City Record August 21, 2013 manner that permits an award to be Be it ordained by the Council of to its intersection with the extension made for all items as a single con- the City of Cleveland: Westerly of the Southerly line of tract, or by separate contract for Section 1. That The Shovel Works Cooper Avenue, N. E.; thence Easterly each or any combination of the (also known as the Chisholm Steel along said Westerly of the Southerly items as the Board of Control deter- Shovel Works), whose street address line of Cooper Avenue, N. E., to the mines. Alternate bids for a period in the City of Cleveland is 1570-88 place of beginning, as appears by said less than the specified term may be East 40th Street, Cuyahoga County plat, be the same more or less, but sub- taken if desired by the Commis- Auditor’s Permanent Parcel Num- ject to all legal highways. sioner of Purchases and Supplies bers are 102-30-08, 102-30-010, and 102- EXCEPTING THEREFROM that until provision is made for the 30-011 and is also known as the fol- piece conveyed to Cashel Company by requirements for the entire term. lowing described property: deed dated February 19, 1986 and filed Section 2. That the costs of the con- for record in Volume 86-815, Page 65 of tract or contracts shall be charged Parcel No. 1 Cuyahoga County Records. against the proper appropriation Situated in the City of Cleveland, Parcel No. 3 accounts and the Director of Finance County of Cuyahoga and State of Ohio Situated in the City of Cleveland, shall certify the amount of any pur- and known as being Sublots Nos. 98, 99, 100, 101, 102, 103, 140, 141, 142, 143 County of Cuyahoga and State of Ohio chase under the contract, each of and 144 in James K. Hitchcock’s Sub- and known as being part of Sublots which purchases shall be made on division of part of Original Ten Acre Nos. 91, 92, 93, 94, 95 and 97 in the J. K. order of the Commissioner of Pur- Lots Nos. 120 and 121 as shown by the Hitchcock’s Allotment of part of Orig- chases and Supplies by a delivery recorded plat in Volume 1 of Maps, inal Ten Acre Lots 120 and 121 as order issued against the contract or Page 27 of Cuyahoga County Records shown by the recorded plat in Volume contracts and certified by the Direc- and together forming a parcel of land 1, Page 27 of Cuyahoga County Map tor of Finance. (RQN 3001, RL 2013-22) bounded and described as follows: Records and bounded and described Section 3. That under Section 108(b) Beginning on the Southwesterly as follows: of the Charter, the purchases autho- line of East 40th Street, formerly Case Beginning at an iron pin set on the rized by this ordinance may be made Street, at the Northeasterly corner of Westerly line of East 40th Street (99 through cooperative arrangements said Sublot No. 98; thence Southeaster- feet wide) at the Southeasterly corner with other governmental agencies. ly along the Southwesterly line of of Sublot No. 97 said point being South The Director of Port Control may sign East 40th Street, 240 feet to the South- 31 degrees 0 minutes 00 seconds East all documents that are necessary to easterly corner of Sublot No. 103; measured along the Westerly line of make the purchases, and may enter thence Southwesterly along the East 40th Street, 91.09 feet from its into one or more contracts with the Southeasterly line of said Sublots Nos. intersection with the Southerly line of vendors selected through that cooper- 103 and 140, 229 feet 1 inch to the Cooper Avenue, N. E. (60 feet wide); ative process. Northeasterly line of Short Street, N. thence South 58 degrees 59 minutes 50 Section 4. That this ordinance is E.; thence Northwesterly along the seconds West along the Southerly line declared to be an emergency measure Northeasterly line of Short Street, N. of Sublot No. 97, 132.03 feet to an iron and, provided it receives the affirma- E., to the Northwesterly corner of said pin set at the Southwesterly corner tive vote of two-thirds of all the mem- Sublot No. 144; thence Northeasterly thereof; thence South 31 degrees 00 bers elected to Council, it shall take along the Northwesterly line of said minutes 00 seconds East along the effect and be in force immediately Sublot No. 144, 151 feet to the South- Easterly line of Sublot No. 95, 49.04 upon its passage and approval by the easterly line of said Sublot No. 99; feet to an iron pin set at the South- Mayor; otherwise it shall take effect thence Northwesterly along the easterly corner thereof; thence South and be in force from and after the ear- Southwesterly line of said Sublots 58 degrees 59 minutes 50 seconds liest period allowed by law. Nos. 99 and 98, about 49 feet to the West along the Southerly line of Passed August 14, 2013. Northwesterly corner of said Sublot Sublot Nos. 95, 94, 93, and 92, 150.89 Effective August 16, 2013. No. 98; thence Northeasterly along the feet to its intersection with the East- Northwesterly line of said Sublot No. erly line of Short Street (20 feet wide) 98, 132 feet to the place of beginning, as shown by said plat; thence North 46 as appears by said plat, be the same degrees 46 minutes 28 seconds West Ord. No. 832-13. more or less, but subject to all legal along the Easterly line of Short By Council Member J. Johnson. highways; Street, 63.43 feet to a point; thence An emergency ordinance desig- North 58 degrees 59 minutes 50 sec- nating The Shovel Works (also Parcel No. 2 onds East 300.16 feet to an iron pin set known as the Chisholm Steel Shov- Situated in the City of Cleveland, in the Westerly line of East 40th el Works) as a Cleveland Land- County of Cuyahoga and State of Ohio Street; thence South 31 degrees 00 mark. and known as being Short Street, N. minutes 00 seconds East along the Whereas, under Chapter 161 of the E., in James K. Hitchcock’s Subdivi- Westerly line of East 40th Street, Codified Ordinances of Cleveland, sion of part of Original Ten Acre Lots 12.00 feet to the place of beginning Ohio, 1976, the Cleveland Landmarks Nos. 120 and 121, as shown by the according to a survey by Donald G. Commission (the “Commission”), has recorded plat in Volume 1 of Maps, Bohning & Associates, Inc., in Sep- proposed to designate The Shovel Page 27 of Cuyahoga County Records tember, 1984 and updated April, 1985, Works (also known as the Chisholm and bounded and described as fol- be the same more or less, but subject Steel Shovel Works) as a landmark; lows: to all legal highways. and Beginning in the Southerly line of Description approved by Greg Whereas, a public hearing under Cooper Avenue, N. E., at the North- Esber, Section Chief Plats, Surveys division (b)(2) of Section 161.04 was westerly corner of Sublot No. 91 in and House Number Section Division held on April 25, 2013 to discuss the said Subdivision, which point of of Engineering & Construction proposed designation of The Shovel beginning is at the intersection of the which in its entirety is a property hav- Works (also known as the Chisholm Southerly line of Cooper Avenue N.E., ing special character or special his- Steel Shovel Works) as a landmark; with the Northeasterly line of Short torical or aesthetic value as part of and Street, N. E.; thence Southeasterly the development, heritage, or cultural Whereas, the Commission has rec- along the Southwesterly lines of characteristics of the City, State, or ommended designation of The Shovel Sublots Nos. 91, 92, 144, 143, 142, 141 the United States, is designated a Works (also known as the Chisholm and 140 in said Subdivision, to the landmark under Chapter 161 of the Steel Shovel Works) as a landmark Southwesterly corner of said Sublot Codified Ordinances of Cleveland, and has set forth certain findings of No. 140; thence Westerly along the Ohio, 1976. fact constituting the basis for its deci- extension Westerly of the Southerly Section 2. That this ordinance is sion; and line of said Sublot No. 140, 20 feet ten declared to be an emergency measure Whereas, this ordinance constitutes inches to the Northeasterly line of the and, provided it receives the affirma- an emergency measure providing for right of way of the Cleveland and tive vote of two-thirds of all the mem- the immediate preservation of the Pittsburgh Railroad; thence North- bers elected to Council, it shall take public peace, property, health, and westerly along the Northeasterly line effect and be in force immediately safety in that the immediate protec- of said right of way, to its intersection upon its passage and approval by the tion of the historic landmark is neces- with the extension Southerly of the Mayor; otherwise it shall take effect sary to safeguard the special histori- Easterly line of East 39th Street (for- and be in force from and after the ear- cal, community, or aesthetic interest merly Clifton Street); thence Norther- liest period allowed by law. or value in the landmark; now, there- ly along said Southerly extension of Passed August 14, 2013. fore the Easterly line of East 39th Street, Effective August 16, 2013. 1382 August 21, 2013 The City Record 71

Ord. No. 833-13. more or less, but subject to all legal 6; thence Southwesterly along the By Council Member J. Johnson. highways; Southeasterly line of Payne Avenue, An emergency ordinance desig- Description approved by Greg N. E., 30.10 feet to a point which is 0.10 nating the German Baptist Publica- Esber, Section Chief Plats, Surveys of a foot Southwesterly from the most tion Society Building (1878) as a and House Number Section Division Northerly corner of land conveyed to Cleveland Landmark. of Engineering & Construction Joseph Abate, by deed dated Decem- Whereas, under Chapter 161 of the which in its entirety is a property hav- ber 9, 1957, and recorded in Volume Codified Ordinances of Cleveland, ing special character or special his- 9640, Page 389 of Cuyahoga County Ohio, 1976, the Cleveland Landmarks torical or aesthetic value as part of Records; thence Southeasterly paral- Commission (the “Commission”), has the development, heritage, or cultural lel with the Northeasterly line of land proposed to designate the German characteristics of the City, State, or so conveyed 36 feet to a point; thence Baptist Publication Society Building the United States, is designated a Northeasterly parallel with the South- (1878) as a landmark; and landmark under Chapter 161 of the easterly line of Payne Avenue, N. E., Whereas, a public hearing under Codified Ordinances of Cleveland, 0.10 of a foot to the Southwesterly line division (b)(2) of Section 161.04 was Ohio, 1976. of said Sub Lot No. 6; thence South- held on April 25, 2013 to discuss the Section 2. That this ordinance is easterly along said Southwesterly proposed designation of the German declared to be an emergency measure line, 89 feet 2 3/8 inches to the North- Baptist Publication Society Building and, provided it receives the affirma- westerly line of Webster Court, N. E.; (1878) as a landmark; and tive vote of two-thirds of all the mem- thence Northeasterly along the North- Whereas, the Commission has rec- bers elected to Council, it shall take westerly line of Webster Court N.E., ommended designation of the German effect and be in force immediately 29 feet 11 inches to the most Southerly Baptist Publication Society Building upon its passage and approval by the corner of the second parcel of land (1878) as a landmark and has set Mayor; otherwise it shall take effect conveyed to Harry A. Barr, by deed forth certain findings of fact consti- and be in force from and after the ear- dated July 16, 1946, and recorded in tuting the basis for its decision; and liest period allowed by law. Volume 6259, Page 516 of Cuyahoga Whereas, this ordinance constitutes Passed August 14, 2013. County Records; thence Northwester- an emergency measure providing for Effective August 16, 2013. ly along the Southwesterly line of the the immediate preservation of the second parcel of land so conveyed to public peace, property, health, and the Northeasterly line of said Sub Lot safety in that the immediate protec- No. 6; thence Northwesterly along the tion of the historic landmark is neces- Ord. No. 834-13. Northeasterly line of said Sub Lot, 85 sary to safeguard the special histori- By Council Member J. Johnson. feet 3 inches to the place of begin- cal, community, or aesthetic interest An emergency ordinance desig- ning, as appears by said plat, be the or value in the landmark; now, there- nating the German Baptist Publica- same more or less, but subject to all fore tion Society Building (1926) as a legal highways. Be it ordained by the Council of Cleveland Landmark. Description approved by Greg the City of Cleveland: Whereas, under Chapter 161 of the Esber, Section Chief Plats, Surveys Section 1. That the German Bap- Codified Ordinances of Cleveland, and House Number Section Division tist Publication Society Building Ohio, 1976, the Cleveland Landmarks of Engineering & Construction (1878), whose street address in the Commission (the “Commission”), has which in its entirety is a property hav- City of Cleveland is 3804-12 Payne proposed to designate the German ing special character or special his- Avenue, Cuyahoga County Auditor’s Baptist Publication Society Building torical or aesthetic value as part of Permanent Parcel Number 102-39-084 (1926) as a landmark; and the development, heritage, or cultural and is also known as the following Whereas, a public hearing under characteristics of the City, State, or described property: division (b)(2) of Section 161.04 was the United States, is designated a Situated in the City of Cleveland, held on April 25, 2013 to discuss the landmark under Chapter 161 of the County of Cuyahoga, and State of proposed designation of the German Codified Ordinances of Cleveland, Ohio, and Baptist Publication Society Building Ohio, 1976. PARCEL NO. 1: Known as being (1926) as a landmark; and Section 2. That this ordinance is Sublot No. 7 in James M. Hoyt’s Subdi- Whereas, the Commission has rec- declared to be an emergency measure vision of part of Original Ten Acre ommended designation of the German and, provided it receives the affirma- Lots Nos. 92 and 95, as shown by the Baptist Publication Society Building tive vote of two-thirds of all the mem- recorded plat of said Subdivision in (1926) as a landmark and has set bers elected to Council, it shall take Volume 3 of Maps, Page 25 of Cuya- forth certain findings of fact consti- effect and be in force immediately hoga County Records. Said Sublot No. tuting the basis for its decision; and upon its passage and approval by the 7 has a frontage of 66 feet 6 inches on Whereas, this ordinance constitutes Mayor; otherwise it shall take effect the Southerly side of Payne Avenue, an emergency measure providing for and be in force from and after the ear- NE (66 feet wide) and extends back the immediate preservation of the liest period allowed by law. 132 feet on the Westerly line, 134 feet public peace, property, health, and Passed August 14, 2013. 11-1/2 inches on the Easterly line, safety in that the immediate protec- Effective August 16, 2013. which is also the Westerly line of tion of the historic landmark is neces- East 38th Street (formerly Beaver sary to safeguard the special histori- Street) and has a rear line of 39 feet 2- cal, community, or aesthetic interest 1/2 inches, as appears by said plat, be or value in the landmark; now, there- Ord. No. 835-13. the same more or less, but subject to fore By Council Member J. Johnson. all legal highways, excepting there- Be it ordained by the Council of An emergency ordinance desig- from the land within the bounds of the City of Cleveland: nating Glenville New Life Commu- Payne Avenue, as now widened to 80 Section 1. That the German Bap- nity Church (formerly Glenville feet; tist Publication Society Building Presbyterian Church) as a Cleve- PARCEL NO. 2: Known as being (1926), whose street address in the land Landmark. part of Sublot No. 6 in James M. Hoyt’s City of Cleveland is 3734-3800 Payne Whereas, under Chapter 161 of the Subdivision of part of Original Ten Avenue, N. E., Cuyahoga County Codified Ordinances of Cleveland, Acre Lots Nos. 92 and 95, as shown by Auditor’s Permanent Parcel Number Ohio, 1976, the Cleveland Landmarks the recorded plat in Volume 3 of Maps, is 102-39-004 and is also known as Commission (the “Commission”), has Page 25 of Cuyahoga County Records, the following described property: proposed to designate Glenville New and bounded and described as fol- Situated in the City of Cleveland, Life Community Church (formerly lows: Beginning on the Northerly line County of Cuyahoga, and State of Glenville Presbyterian Church) as a of Webster Court, N. E., at the South- Ohio, and known as being part of Sub landmark; and easterly corner of said Sublot No. 6; Lots Nos. 5 and 6 in James M. Hoyt’s Whereas, a public hearing under thence Northerly along the Easterly Subdivision of part of Original Ten division (b)(2) of Section 161.04 was line of said Sublot No. 6, 40 feet; Acre Lots Nos. 92, 93, 94 and 95, as held on May 9, 2013 to discuss the pro- thence Southerly in a direct line to a shown by the recorded plat in Volume posed designation of Glenville New point on the Northerly line of Webster 3 of Maps, Page 25 of Cuyahoga Coun- Life Community Church (formerly Court, N. E., distant 1 inch Westerly, ty Records, and together forming a Glenville Presbyterian Church) as a measured along said Northerly line, parcel of land bounded and described landmark; and from the Southeasterly corner of said as follows: Whereas, the Commission has rec- Sublot; thence Easterly along said Beginning on the Southeasterly ommended designation of Glenville Northerly line of Webster Court, N. E., line of Payne Avenue, N. E., (80 feet New Life Community Church (former- 1 inch to the place of beginning, as wide), at its intersection with the ly Glenville Presbyterian Church) as appears by said plat, be the same Northeasterly line of said Sub Lot No. a landmark and has set forth certain 1383 72 The City Record August 21, 2013 findings of fact constituting the basis Section 2. That this ordinance is hoga County Auditor’s Permanent for its decision; and declared to be an emergency measure Parcel Number 102-16-091 and is also Whereas, this ordinance constitutes and, provided it receives the affirma- known as the following described an emergency measure providing for tive vote of two-thirds of all the mem- property: the immediate preservation of the bers elected to Council, it shall take Situated in the City of Cleveland, public peace, property, health, and effect and be in force immediately County of Cuyahoga and State of safety in that the immediate protec- upon its passage and approval by the Ohio, and known as being the tion of the historic landmark is neces- Mayor; otherwise it shall take effect Southerly part of Sublot No. 266 in sary to safeguard the special histori- and be in force from and after the ear- Perry and Payne’s Subdivision of part cal, community, or aesthetic interest liest period allowed by law. of Original Ten Acre Lots Nos. 110, or value in the landmark; now, there- Passed August 14, 2013. 111, 112 and 113 as shown by the fore Effective August 16, 2013. recorded plat in Volume 2 of Maps, Be it ordained by the Council of Page 29 of Cuyahoga County Records the City of Cleveland: and further described as follows: Section 1. That Glenville New Life Beginning on the Westerly line of Community Church (formerly Ord. No. 836-13. East 25 Street (66 feet wide) at its Glenville Presbyterian Church), By Council Member J. Johnson. intersection with the Southerly line of whose street addresses in the City An emergency ordinance desig- St. Clair Ave. N.E. (99 feet wide) of Cleveland are 711-23 East 105th nating the Mary and Matthew Stepp thence Southerly along the Westerly Street, 10500 Helena Avenue, N. E., House (Dr. Morris Stepp House; line of East 25 Street a distance of and 10501-11 Elgin Avenue, N. E., Gorski House) as a Cleveland Land- 99.00 feet to the principal place of Cuyahoga County Auditor’s Perma- mark. beginning; Thence continuing along nent Parcel Numbers are 108-25-055, Whereas, under Chapter 161 of the the westerly line of East 25 Street a 108-25-056, and 108-25-057 and is also Codified Ordinances of Cleveland, distance of 41.00 feet to the Northerly known as the following described Ohio, 1976, the Cleveland Landmarks line of Packard Court N.E. (12 feet property: Commission (the “Commission”), has wide). Thence Westerly and along Situated in the City of Cleveland, proposed to designate the Mary and the Northerly line of Packard Court a County of Cuyahoga and State of Ohio Matthew Stepp House (Dr. Morris distance of 33.00 feet to a point. and known as all of Sublots 307 thru Stepp House; Gorski House) as a land- Thence Northerly and parallel with 312 both inclusive of the Cleveland mark; and the Westerly line of East 25 Street Realty Company Subdivision of part Whereas, a public hearing under 41.00 feet to a point. Thence Easterly of original 100 Acre Lots 362 and 370 division (b)(2) of Section 161.04 was and parallel with the Northerly line of as shown in Volume 24 of Maps, Page held on April 25, 2013 to discuss the Packard Court N.E. a distance of 33.00 17 of Cuyahoga County Records, and proposed designation of the Mary and feet to the Westerly line of East 25 further described as follows: Matthew Stepp House (Dr. Morris Street and the principal place of Lot 1 of the Consolidation Survey Stepp House; Gorski House) as a land- beginning. for Glenville New Life Church as mark; and Description approved by Greg shown in volume 324 of Maps, page 62 Whereas, the Commission has rec- Esber, Section Chief Plats, Surveys of Cuyahoga County Records and ommended designation of the Mary and House Number Section Division being 219.23 feet front on the easterly and Matthew Stepp House (Dr. Morris of Engineering & Construction side of East 105th Street (66.00 feet Stepp House; Gorski House) as a land- which in its entirety is a property hav- wide), 144.00 feet on the southerly mark and has set forth certain find- ing special character or special his- side of Helena Avenue N.E. (50.00 feet ings of fact constituting the basis for torical or aesthetic value as part of wide), 144.00 feet on the northerly its decision; and the development, heritage, or cultural side of Elgin Avenue N.E. (50.00 feet Whereas, this ordinance constitutes characteristics of the City, State, or wide) and 219.45 feet rear, be the an emergency measure providing for the United States, is designated a same more or less and subject to all the immediate preservation of the landmark under Chapter 161 of the legal highways; public peace, property, health, and Codified Ordinances of Cleveland, Description approved by Greg safety in that the immediate protec- Ohio, 1976. Esber, Section Chief Plats, Surveys tion of the historic landmark is neces- Section 2. That this ordinance is and House Number Section Division sary to safeguard the special histori- declared to be an emergency measure of Engineering & Construction cal, community, or aesthetic interest and, provided it receives the affirma- which in its entirety is a property hav- or value in the landmark; now, there- tive vote of two-thirds of all the mem- ing special character or special his- fore bers elected to Council, it shall take torical or aesthetic value as part of Be it ordained by the Council of effect and be in force immediately the development, heritage, or cultural the City of Cleveland: upon its passage and approval by the characteristics of the City, State, or Section 1. That the Mary and Mayor; otherwise it shall take effect the United States, is designated a Matthew Stepp House (Dr. Morris and be in force from and after the ear- landmark under Chapter 161 of the Stepp House; Gorski House), whose liest period allowed by law. Codified Ordinances of Cleveland, street address in the City of Cleve- Passed August 14, 2013. Ohio, 1976. land is 1374 East 25th Street, Cuya- Effective August 16, 2013.

Ord. No. 837-13. By Council Member Cimperman. An ordinance to change the Use District of lands at the northwest corner of Willey Avenue and W. 17th Street from General Industry to Semi-Industry (map change no. 2442). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Willey Avenue at its intersection with the southerly prolongation of the centerline of W. 17th Street; Thence northerly along said southerly prolongation and said centerline of W. 17th Street to its intersection with the easterly prolongation of the northerly line of Sublot No. 21 in the A. Kellog Subdivision shown on the recorded plat in Volume 3, Page 20 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation and said northerly line to its intersection with the easterly line of the New York, Chicago and St. Louis Railroad; Thence southwesterly along said line to its intersection with the centerline of Willey Avenue; Thence easterly along said centerline of Willey Avenue to its intersection with the southerly prolongation of the cen- terline of W. 17th Street and the principal place of beginning; and as shaded on the attached map is changed to a Semi-Industry District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2442, 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. 1384 August 21, 2013 The City Record 73

Passed August 14, 2013. Effective September 13, 2013.

Ord. No. 842-13. A. Transportation expenses while B. Lodging expenses while travel- By Council Members Mitchell and traveling on City business; ing on City business; Kelley (by departmental request). B. Lodging expenses while travel- C. Food expenses while traveling An emergency ordinance to amend ing on City business; on City business; Section 171.40 of the Codified Ordi- C. Food expenses while traveling D. Food expenses as authorized by nances of Cleveland, Ohio, 1976, as on City business; ordinance of Council; and amended by Ordinance No. 1246-12, D. Food expenses as authorized by E. Registration, tuition or enroll- passed October 15, 2012, relating to ordinance of Council; and ment expenses for meetings, semi- the use of City credit cards. E. Registration, tuition or enroll- nars, conferences, or retreats and Whereas, this ordinance constitutes ment expenses for meetings, semi- other similar events in connection an emergency measure providing for nars, conferences, or retreats in con- with City business. the usual daily operation of a munici- nection with the performance of offi- (4) A credit card held by the Com- t; now, therefore, missioner of Purchases and Sup- pal departmen cial duties. Be it ordained by the Council of plies, or his or her designee, may be (2) A credit card held by the Law the City of Cleveland: used to pay the following work- Department Docket Clerk or any Law Section 1. That Section 171.40 of related expenses: Business licenses, Department attorney may be used to the Codified Ordinances of Cleve- registrations, subscriptions, and pay the following work-related land, Ohio, 1976, as amended by other ordinary and necessary Ordinance No. 1246-12, passed Octo- expenses: expenses of the City in which a ber 15, 2012, is amended to read as A. Filing fees required by any credit card is the only method of follows: court, board or tribunal; payment acceptable to the vendor. B. Any other cost assessed by a (5) A credit card held by the Chief Section 171.40 Use of City Credit court, board or tribunal other than Financial Officer of the Department Cards judgments or settlements. of Public Utilities, or his or her (a) Authorization. (3) A credit card held by the designee, may be used to pay the (1) A credit card held by the Clerk Finance Director, or his or her following work-related expenses: of Council may be used to pay the fol- designee, may be used to pay the fol- Business licenses, registrations, sub- lowing work-related expenses of the lowing work-related expenses: scriptions, and other ordinary and Clerk, member of Council, and Coun- A. Transportation expenses while necessary expenses of the City in cil staff: traveling on City business; which a credit card is the only 1385 74 The City Record August 21, 2013 method of payment acceptable to the of Finance determines that there has Ord. No. 846-13. vendor. been unauthorized use of a credit By Council Members Brancatelli, Use of a City credit card for uses card, and if the Director of Finance Kelley and Cummins (by departmen- other than those listed in division (a) determines that the City Treasury tal request). of this section shall be considered an should be reimbursed for credit card An emergency ordinance to amend unauthorized use. expenditures beyond the appropriat- Grant Agreement No. CT 8006 SG Use of a City credit card in a man- ed, otherwise unencumbered or the 2013-057 with the Near West Side ner inconsistent with any restriction authorized amount, or for the amount Multi-Service Corporation located at or control placed on the card by the of the unauthorized use, the Director 4115 Bridge Avenue executed on Director of Finance shall be consid- of Finance shall give written notice March 18, 2013, to provide an addi- ered an unauthorized use. to the officer or employee or appoint- tional emergency repair grant for (b) No late charges or finance ing authority of liability to the City the May Dugan Center located at charges shall be allowed as an allow- Treasury in accordance with this sec- 4115 Bridge Avenue. able expense on a City credit card tion. If, within thirty (30) days after Whereas, under Ordinance No. 959- unless authorized by the Director of issuance of the written notice, the 11, passed June 4, 2012, this Council Finance. City Treasury is not reimbursed for authorized the Director of Communi- (c) Any debt incurred as a result of the amount shown on the written ty Development to enter into a grant the use of a credit card under this sec- notice, the Director of Law shall agreement with The Near West Side tion shall be paid from moneys appro- recover that amount from the officer Multi-Service Corporation, or its priated in the budget to specific or employee or appointing authority designee, to make emergency eleva- appropriation line items of the who is liable under this section by tor and roof repairs at the May Dugan appointing authority for work-related civil action in any court of appropri- Center; and expenses listed in division (a) of this ate jurisdiction. Whereas, authority is necessary to section. (i) Use of a City credit card for any make additional repairs to the May (d) Use of any credit card under use other than those permitted under Dugan Center’s exterior walls and for division (a) of this section shall be division (a) of this section is a viola- other incidental urgent repairs; and limited to the amount appropriated in tion of RC 2913.21. Whereas, changes to the agreement a specific appropriation line item for (j) The Director of Finance may are necessary to allow the May Dugan the permitted use or uses designated revoke credit card privileges and Center to continue to offer certain ser- in division (a) and not otherwise reclaim the credit cards as the Direc- vices to the community; and encumbered. tor deems necessary. Whereas, this ordinance constitutes (e) If the card is issued in the name Section 2. That existing Section an emergency measure providing for of a specific officer or employee, that 171.40 of the Codified Ordinances of the usual daily operation of a munici- officer or employee is liable in person Cleveland, Ohio, 1976, as amended by pal department; now, therefore, and upon any official bond of the offi- Ordinance No. 1246-12, passed October Be it ordained by the Council of cer or employee to reimburse the City 15, 2012, is repealed. the City of Cleveland: Treasury for the amount charged to Section 3. That this ordinance is Section 1. That the Director of Com- the City beyond the authorized declared to be an emergency measure munity Development is authorized to amount or the amount of unautho- and, provided it receives the affirma- enter into an amendment to Grant rized use. If the card is issued to the tive vote of two-thirds of all the mem- Agreement No. CT 8006 SG 2013-057 office of an appointing authority, the bers elected to Council, it shall take with The Near West Side Multi-Ser- appointing authority is liable in per- effect and be in force immediately vice Corporation, or its designee, to son and upon any official bond of the upon its passage and approval by the add the additional emergency repairs appointing authority for the amount Mayor; otherwise it shall take effect of the exterior walls and for other charged to the City beyond the autho- and be in force from and after the ear- incidental urgent repairs needed at rized amount or for the amount of liest period allowed by law. the May Dugan Center located at 4115 unauthorized use. Passed August 14, 2013. Bridge Avenue. The cost of this (f) Any time a City credit card Effective August 16, 2013. amendment shall not exceed $43,000 authorized for use under this section and shall be paid from Fund No. 14 SF is used for more than the amount 036. appropriated and not otherwise unen- Section 2. That the Director of Law cumbered or is used for an unautho- Ord. No. 843-13. shall prepare the amendment refer- rized use, the City Treasury shall be By Council Members Mitchell and enced in this ordinance. reimbursed for any amount spent Kelley (by departmental request). Section 3. That this ordinance is beyond the appropriated, otherwise An emergency ordinance to amend declared to be an emergency measure unencumbered amount, or for the Section 8 of Ordinance No. 360-13, and, provided it receives the affirma- amount of unauthorized use, in the passed March 25, 2013, relating to a tive vote of two-thirds of all the mem- following manner: lease at 1449 West 117th Street from bers elected to Council, it shall take (1) If the card is issued in the name Montlack Realty, or their designees, effect and be in force immediately of a specific officer or employee, that for the purpose of providing office upon its passage and approval by the officer or employee is liable in person space for the Adult Probation Mayor; otherwise it shall take effect and upon any official bond of the offi- Department of the Cleveland Munic- and be in force from and after the ear- cer or employee for reimbursing the ipal Court. liest period allowed by law. City Treasury for any amount Whereas, this ordinance constitutes Passed August 14, 2013. charged on the card beyond the appro- an emergency measure providing for Effective August 16, 2013. priated, otherwise unencumbered the usual daily operation of a munici- amount or for the amount of the unau- pal department; now, therefore, thorized use. Be it ordained by the Council of (2) If the card is issued in the name the City of Cleveland: Ord. No. 847-13. of the office of the appointing author- Section 1. That Section 8 of Ordi- By Council Members Mitchell and ity, the appointing authority is liable nance No. 360-13, passed March 25, Kelley (by departmental request). in person and upon any official bond 2013, is amended to read as follows: An emergency ordinance authoriz- of the appointing authority for reim- Section 8. That the costs of the lease ing the Director of Finance, on bursement for any amount charged on entered into in 2013 shall be paid from behalf of the Cleveland Municipal the card beyond the appropriated, oth- Fund No. 10 SF 085, and for years 2014 Court, to apply for and accept a erwise unencumbered amount or for and 2015 shall be subject to annual grant from the Cuyahoga County the amount of the unauthorized use. appropriation, RQS 0115, RL 2013-17. Corrections Planning Board for the (g) Whenever any officer or Section 2. That existing Section 8 of Domestic Intervention, Education & employee who is authorized to use a Ordinance No. 360-13, passed March 25, Training (D.I.E.T.) Program. City credit card or the office of any 2013, is repealed. Whereas, this ordinance constitutes other county appointing authority Section 3. That this ordinance is an emergency measure providing for suspects the loss, theft, or possibility declared to be an emergency measure the usual daily operation of a munici- of unauthorized use of the card, the and, provided it receives the affirma- pal department; now, therefore, officer or employee shall notify the tive vote of two-thirds of all the mem- Be it ordained by the Council of Director of Finance and either the bers elected to Council, it shall take the City of Cleveland: officer’s or employee’s appointing effect and be in force immediately Section 1. That the Director of authority immediately and in writing. upon its passage and approval by the Finance, on behalf of the Cleveland (h) If the Director of Finance deter- Mayor; otherwise it shall take effect Municipal Court, is authorized to mines there has been a credit card and be in force from and after the ear- apply for and accept a grant in the expenditure beyond the appropriated, liest period allowed by law. approximate amount of $218,360 and otherwise unencumbered or the Passed August 14, 2013. any other funds that become avail- authorized amount or if the Director Effective August 16, 2013. able during the grant term, from the 1386 August 21, 2013 The City Record 75

Cuyahoga County Corrections Plan- Section 2. That the assessments as Be it ordained by the Council of ning Board to conduct the Domestic equalized by the board and recom- the City of Cleveland: Intervention, Education & Training mended in their report are approved, Section 1. That it is declared to be (D.I.E.T.) Program; that the Direc- and the assessments are directed to in the public interest that the con- tor is authorized to file all papers be filed in the Office of the Clerk of sent of the City of Cleveland is and execute all documents neces- this Council. given to the Director of Trans- sary to receive the funds under the Section 3. That it is determined to portation of the State of Ohio (“the grant; and that the funds are appro- proceed to improve Clifton Boulevard State”) to construct the following priated for the purposes described in from West 115th Street to Lake improvement under plans, specifica- the draft contract placed in the file Avenue by relaying and repairing tions, and estimates approved by the below. sidewalks, including adjustments of State: for rehabilitating Woodland Section 2. That the draft contract castings, if necessary, encroaching Avenue from west of East 89th for the grant, File No. 847-13-A, made a upon the public right-of-way or other- Street to East 116th Street (Martin part of this ordinance as if fully wise improving the right-of-ways in Luther King Jr. Drive) in the City rewritten, as presented to the Finance accordance with Resolution No. 271- of Cleveland (the “Improvement”). Committee of this Council at the pub- 13, adopted March 25, 2013 (the “Reso- Section 2. That the City proposes to lic hearing on this legislation, is lution of Necessity”). cooperate with the State in the cost of approved in all respects and shall not Section 4. That the Improvements the Improvement by assuming and be changed without additional leg- shall be performed under the provi- contributing the entire cost and islative authority. sions of the Resolution of Necessity, expense of the Improvement, less the Section 3. That the Chief Probation and with the plans, specifications, amount of federal funds allocated by Officer is authorized to charge and and profiles approved and filed in the the Federal Highway Administration, accept fees from participants of this office of the Clerk of Council and in United States Department of Trans- program and to deposit those fees into accordance with the estimates as portation. The City agrees to assume a revolving fund which will be used to equalized. one hundred percent (100%) of the provide additional materials equip- Section 5. That the estimated cost of preliminary engineering, ment, supplies, and services under the assessments for the Improvements, as right-of-way and environmental docu- program described in the file, and the equalized by the Assessment Equal- mentation. Also, the City agrees to funds are appropriated for that pur- ization Boards, filed in the office of assume and contribute 100% of the pose. the Clerk of City Council are adopted. cost of any items included in the con- Section 4. That this ordinance is Section 6. That it is further deter- struction contract at the request of declared to be an emergency measure mined that the portion of the cost of the City, which are determined by the and, provided it receives the affirma- the Improvements to be assessed State not eligible or made necessary tive vote of two-thirds of all the mem- against benefited property shall be by the Improvement. bers elected to Council, it shall take assessed in the amount, manner and Section 3. That the Director of Capi- effect and be in force immediately number of installments as provided tal Projects is authorized to enter into upon its passage and approval by the for in the Resolution of Necessity. one or more agreements with the Mayor; otherwise it shall take effect Section 7. That no claims for dam- State necessary to complete the plan- and be in force from and after the ear- ages resulting from the Improve- ning and construction of the Improve- liest period allowed by law. ments have been filed. ment, which agreements shall contain Passed August 14, 2013. Section 8. That the Clerk of this terms and conditions that the Director Effective August 16, 2013. Council is directed to deliver a certi- of Law determines shall best protect fied copy of this ordinance to the the public interest. County Auditor within fifteen (15) Section 4. That on completion of the days after the passage of this ordi- Improvement, the City will: nance as required by Section 319.61 of (a) Maintain the Improvement Ord. No. 848-13. the Revised Code. according to the provisions of the By Council Members Westbrook, Section 9. That this ordinance is statutes relating thereto and make Miller and Kelley (by departmental declared to be an emergency measure ample financial and other provisions request). and, provided it receives the affirma- for the maintenance; An emergency ordinance approv- tive vote of two-thirds of all the mem- (b) Maintain the right-of-way and ing the report of the assessment bers elected to Council, it shall take keep it free of obstruction in a man- equalization boards on objections effect and be in force immediately ner satisfactory to the State and hold concerning estimated assessments to upon its passage and approval by the the right-of-way inviolate for public relay and repair sidewalks (includ- Mayor; otherwise it shall take effect highway purposes. ing adjustments of castings, if nec- and be in force from and after the ear- Section 5. (a) That all existing essary) encroaching upon the public liest period allowed by law. streets and public rights-of-way with- right-of-way on Clifton Boulevard Passed August 14, 2013. in the City that are necessary for the from West 115th Street to Lake Effective August 16, 2013. Improvement shall be made avail- Avenue; determining to proceed able. with the improvements; and adopt- (b) That the City agrees that all ing the equalized assessments. right-of-way required for the Whereas, the assessment equaliza- Ord. No. 850-13. described project will be acquired tion board appointed by Resolution By Council Members K. Johnson, and/or made available under current No. 682-13, adopted May 6, 2013, to hear Mitchell, Miller and Kelley (by State and federal regulations. The and determine all objections concern- departmental request). City also understands that right-of- ing the estimated assessments for An emergency ordinance giving way costs include eligible utility improving Clifton Boulevard from consent of the City of Cleveland to costs. West 115th Street to Lake Avenue by the Director of Transportation of the (c) That the installation of all utili- relaying and repairing sidewalks State of Ohio for rehabilitating ty facilities, relocation, and reim- (including adjustments of castings, if Woodland Avenue from west of East bursement on the right-of-way shall necessary) encroaching upon the pub- 89th Street to East 116th Street conform with the requirements of lic right-of-way or otherwise improv- (Martin Luther King Jr. Drive) in Title 23 CFR 645 and the ODOT Utili- ing the right-of-way in accordance the City of Cleveland; authorizing ties Manual. with Resolution No. 271-13, adopted the Director of Capital Projects to Section 6. That the Director of Capi- March 25, 2013, has filed its report enter into any relative agreements; tal Projects is authorized to enter into with this Council as to its determina- to apply for and accept any gifts or contracts with Ohio Department of tion of such objections; and grants for this purpose from any Transportation (“ODOT”) pre-quali- Whereas, this Council deems said public or private entity; authorizing fied consultants for the preliminary report proper in all respects; and one or more contracts with consul- engineering phase of the Improve- Whereas, this ordinance constitutes tants, and agreements with public ment and to enter into contracts with an emergency measure providing for and private entities; and authorizing the State necessary to complete the the usual daily operation of a munici- the Commissioner of Purchases and above described project. Upon the pal department; now, therefore, Supplies to acquire, accept, and request of ODOT, the Director of Cap- Be it ordained by the Council of record for right-of-way purposes any ital Projects is also authorized to the City of Cleveland: real property and easements neces- assign all rights, title, and interests Section 1. That the report of the sary to make the improvement. of the City to ODOT arising from any assessment equalization board, Whereas, this ordinance constitutes agreement with its consultant in appointed by Resolution No. 682-13, an emergency measure providing for order to allow ODOT to direct addi- adopted May 6, 2013, and contained the usual daily operation of a munici- tional or corrective work, recover in File No. 848-13-A, is approved. pal department; now, therefore, damages due to errors or omissions, 1387 76 The City Record August 21, 2013 and to exercise all other contractual acquire, accept, and record for right- encroach into the public right-of- rights and remedies afforded by law of-way purposes any real property way of Detroit Avenue by installing, or equity. and easements as is necessary to using, and maintaining 4 overhang- Section 7. That the City agrees that make the improvements described in ing balconies on the second floor at if Federal Funds are used to pay the this ordinance. The consideration to 15 feet 7 7/8 inches above grade and cost of any consultant contract, the be paid for the property and ease- 4 overhanging balconies on the third City shall comply with 23 CFR 172 in ments shall not exceed fair market floor at 26 feet 7 3/4 inches above the selection of its consultant and the value. grade at the following location: administration of the consultant con- Section 14. That the Director of Cap- Situated in the City of Cleveland, tract. Further, the City agrees to ital Projects is authorized to execute County of Cuyahoga and State of Ohio incorporate ODOT’s “Specifications on behalf of the City all documents and known as being part of original for Consulting Services” as a contract necessary to acquire, accept, and Brooklyn Township lot 51, further document in all of its consultant con- record the property and easements described as follows: tracts. The City agrees to require, as a and to employ and pay all fees for Beginning at the intersection of the scope of services clause, that all plans title companies, surveys, escrows, east right of way of West 32nd Street prepared by the consultant must con- appraisers, and all other costs neces- (66.00 feet wide) and the south right form to ODOT’s current design stan- sary for the acquisition of the proper- of way of Detroit Avenue N.W. (66.00 dards and that the consultant shall be ty and easements. feet wide) thence easterly along the responsible for ongoing consultant Section 15. That the Director of Cap- south right of way of Detroit Avenue involvement during the construction ital Projects is authorized to enter N.W. 62.00 feet to the principle place phase of the Improvement. The City into any agreements necessary to of beginning; agrees to include a completion sched- implement the Improvement. Thence continuing easterly along ule acceptable to ODOT and to assist Section 16. That the Director of Cap- the south right of way of Detroit ODOT in rating the consultant’s per- ital Projects is authorized to apply for Avenue N.W. 287.41 feet to a point; formance through ODOT’s Consultant and accept any gifts or grants for this Thence northerly perpendicular to Evaluation System. purpose from any public or private the south right of way of Detroit Section 8. That this Council entity; and that the Director is autho- Avenue N.W. 2.5 feet to a point; requests the State to proceed with the rized to file all papers and execute all Thence westerly parallel to the Improvement. documents necessary to receive the south right of way of Detroit Avenue Section 9. That the Director of Capi- funds under the grant; and that the N.W. 287.41 feet to a point; tal Projects is authorized to employ funds are appropriated for the pur- Thence southerly 2.5 feet to the by contract or contracts one or more poses described in this ordinance. place of beginning. consultants or one or more firms of Section 17. That the cost of the con- Legal Description approved by consultants for the purpose of supple- tracts, payments, property acquisi- Greg Esber, Section Chief, Plats, Sur- menting the regularly employed staff tion, cash matches, and other expen- veys and House Numbering Section. of the several departments of the City ditures authorized shall be paid from Section 2. That Permittee may of Cleveland in order to provide pro- the fund or funds to which are credit- assign the permit only with the prior fessional design, engineering and ed any gift or grant proceeds accept- written consent of the Director of construction services necessary for ed under this ordinance, cash match- Capital Projects. That the encroach- the Improvement. es, cash contributions accepted and ing structures permitted by this ordi- The selection of the consultants for appropriated under this ordinance, nance shall conform to plans and the services shall be made by the and Fund Nos. 20 SF 510, 20 SF 520, 20 specifications first approved by the Board of Control on the nomination of SF 524, 20 SF 528, 20 SF 534, 20 SF 540, Manager of Engineering and Con- the Director of Capital Projects from and 20 SF 546, RQS 0103, RL 2013-120. struction. That Permittee shall obtain a list of qualified consultants avail- Section 18. That the Clerk of Coun- all other required permits, including able for employment as may be deter- cil is authorized and directed to trans- but not limited to Building Permits, mined after a full and complete can- mit to the State three (3) certified before installing the encroachments. vass by the Director of Capital Pro- copies of this ordinance immediately jects for the purpose of compiling a on its taking effect, and it shall Section 3. That the Director of Law list. The compensation to be paid for become the basis for proceeding with shall prepare the permit authorized the services shall be fixed by the the Improvement. by this ordinance and shall incorpo- Board of Control. The contract or con- Section 19. That this ordinance is rate such additional provisions as the tracts shall be prepared by the Direc- declared to be an emergency measure director determines necessary to pro- tor of Law, approved by the Director and, provided it receives the affirma- tect and benefit the public interest. of Capital Projects and certified by tive vote of two-thirds of all the mem- The permit shall be issued only when, the Director of Finance. bers elected to Council, it shall take in the opinion of the Director of Law, Section 10. That the Director of Cap- effect and be in force immediately the prospective Permittee has proper- ital Projects is authorized to accept upon its passage and approval by the ly indemnified the City against any cash contributions from public or pri- Mayor; otherwise it shall take effect loss that may result from the vate entities, for infrastructure and be in force from and after the ear- encroachments permitted. restoration costs associated with relo- liest period allowed by law. Section 4. That the permit shall cating, rehabilitating or reconstruct- Passed August 14, 2013. reserve to the City reasonable right of ing utility infrastructure for the Effective August 16, 2013. entry to the encroachment locations. Improvement. That the Director of Section 5. That this ordinance is Capital Projects is authorized to enter declared to be an emergency measure into agreements with the entities for and, provided it receives the affirma- this purpose. Ord. No. 851-13. tive vote of two-thirds of all the mem- Section 11. That, when appropriate, By Council Members Cimperman, bers elected to Council, it shall take the Director of Capital Projects is Miller, Cleveland and Kelley (by effect and be in force immediately authorized to enter into one or more departmental request). upon its passage and approval by the contracts with the Greater Cleveland An emergency ordinance authoriz- Mayor; otherwise it shall take effect Regional Transit Authority, the ing the Director of Capital Projects and be in force from and after the ear- Northeast Ohio Regional Sewer Dis- to issue a permit to Ohio City Devel- liest period allowed by law. trict and other entities to obtain ser- opment Partners, LLC to encroach Passed August 14, 2013. vices or to acquire property rights into the public right-of-way of Effective August 16, 2013. such as easements and licenses, nec- Detroit Avenue by installing, using, essary to construct the improvements and maintaining 8 front overhang- described in this ordinance. ing balconies and sunshades. Section 12. That the Director of Cap- Whereas, this ordinance constitutes Ord. No. 852-13. ital Projects, when necessary, is an emergency measure providing for By Council Members Cleveland, authorized to cause payment to the the usual daily operation of a munici- Miller and Kelley (by departmental Greater Cleveland Regional transit pal department; now, therefore, request). Authority, and other entities or pay- Be it ordained by the Council of An emergency ordinance authoriz- ment of any services which were nec- the City of Cleveland: ing the Director of Capital Projects essary to construct the Improvement Section 1. That the Director of to issue a permit to Slavic Village described in this ordinance. Capital Projects is authorized to Development to encroach into the Section 13. That, notwithstanding issue a permit, revocable at the will public right-of-way of Broadway any provision of the Codified Ordi- of Council, to Ohio City Develop- Avenue between East 49th Street nances of Cleveland, Ohio, 1976, to the ment Partners, LLC, 18100 Jefferson and Mead Avenue S.E. by installing, contrary, the Commissioner of Pur- Park Road, Suite 103 Middleburg using, and maintaining the Broad- chases and Supplies is authorized to Heights, Ohio 44130 (“Permittee”), to way Arch Public Art Project. 1388 August 21, 2013 The City Record 77

Whereas, this ordinance constitutes Section 1. That the Director of tive vote of two-thirds of all the mem- an emergency measure providing for Port Control is authorized to exer- bers elected to Council, it shall take the usual daily operation of a munici- cise the first option to renew Con- effect and be in force immediately pal department; now, therefore, tract No. PS 2011-267 for an addi- upon its passage and approval by the Be it ordained by the Council of tional year with Rand Worldwide Mayor; otherwise it shall take effect the City of Cleveland: Subsidiary Inc., dba Imaginit Tech- and be in force from and after the ear- Section 1. That the Director of nologies to provide technical sup- liest period allowed by law. Capital Projects is authorized to port relating to AutoCad software Passed August 14, 2013. issue a permit, revocable at the will for the Department of Port Control. Effective August 16, 2013. of Council, to Slavic Village Devel- This ordinance constitutes the addi- opment, 5620 Broadway, Cleveland, tional legislative authority required Ohio 44127 (“Permittee”), to by Ordinance No. 1331-08 to exercise encroach into the public right-of- this option. Ord. No. 856-13. way of Broadway Avenue between Section 2. That this ordinance is By Council Members Keane and East 49th Street and Mead Avenue declared to be an emergency measure Kelley (by departmental request). S.E. by installing, using, and main- and, provided it receives the affirma- An emergency ordinance authoriz- taining the Broadway Arch Public tive vote of two-thirds of all the mem- ing the Director of Port Control to Art Project. bers elected to Council, it shall take exercise the first option to renew Section 2. That Permittee may effect and be in force immediately various contracts entered into under assign the permit only with the prior upon its passage and approval by the the authority of Ordinance No. 190- written consent of the Director of Mayor; otherwise it shall take effect 07, passed March 12, 2007, to provide Capital Projects. That the encroach- and be in force from and after the ear- automotive parts, supplies, and ser- ing structure permitted by this ordi- liest period allowed by law. vices necessary for vehicle mainte- nance shall conform to plans and Passed August 14, 2013. nance, including labor and materials specifications first approved by the Effective August 16, 2013. and installation, for the Department Manager of Engineering and Con- of Port Control. struction. That Permittee shall obtain Whereas, under the authority of all other required permits, including Ordinance No. 190-07, passed March 12, but not limited to Building Permits, Ord. No. 855-13. 2007, the Director of Port Control before installing the encroachment. By Council Members Keane and entered into the following contracts: Section 3. That the Director of Law Kelley (by departmental request). Contract No. MA 2011-96 with Lake- shall prepare the permit authorized An emergency ordinance authoriz- front Automotive Parts, Inc., Contract by this ordinance and shall incorpo- ing the Director of Port Control to No. MA 2011-97 with Jack Doheny Sup- rate such additional provisions as the exercise the first option to renew plies Ohio, Inc., Contract No. MA 2011- director determines necessary to pro- Contract No. PS 2011-268 with the 99 with Southeastern Equipment Co. tect and benefit the public interest. Society for Human Resource Man- Inc., Contract No. MA 2011-100 with The permit shall be issued only when, agement to provide professional Concord Road Equipment Mfg. Inc., in the opinion of the Director of Law, technical and general training and Contract No. MA 2011-101 with M-B the prospective Permittee has proper- development content, activities, and Companies, and Contract No. MA 2011- ly indemnified the City against any programs in support of employee 102 with Ohio Machinery Co., dba Ohio loss that may result from the performance and professional devel- CAT, to provide automotive parts, encroachment permitted. opment programs at Cleveland Hop- supplies, and services necessary for Section 4. That the permit shall kins International Airport and vehicle maintenance, including labor reserve to the City reasonable right of Burke Lakefront Airport, Depart- and materials and installation, for the entry to the encroachment location. ment of Port Control. Department of Port Control; and Section 5. That this ordinance is Whereas, under the authority of Whereas, Ordinance No. 190-07 declared to be an emergency measure Ordinance No. 1404-07, passed Novem- requires further legislation before and, provided it receives the affirma- ber 12, 2007, the Director of Port Con- exercising the first option to renew on tive vote of two-thirds of all the mem- trol entered into Contract No. PS 2011- these contracts; and bers elected to Council, it shall take 268 with the Society for Human Whereas, this ordinance constitutes effect and be in force immediately Resource Management to provide pro- an emergency measure providing for upon its passage and approval by the fessional technical and general train- the usual daily operation of a munici- Mayor; otherwise it shall take effect ing and development content, activi- pal department; now, therefore, and be in force from and after the ear- ties, and programs in support of Be it ordained by the Council of liest period allowed by law. employee performance and profes- the City of Cleveland: Passed August 14, 2013. sional development programs at Effective August 16, 2013. Cleveland Hopkins International Air- Section 1. That the Director of port and Burke Lakefront Airport, Port Control is authorized to exer- Department of Port Control; and cise the first option to renew Con- Whereas, Ordinance No. 1404-07 tract No. MA 2011-96 with Lakefront Ord. No. 854-13. requires further legislation before Automotive Parts, Inc. for an addi- By Council Members Keane and exercising the first option to renew on tional year in the approximate Kelley (by departmental request). this contract; and amount of $510,000.00, for the An emergency ordinance authoriz- Whereas, this ordinance constitutes requirements for an additional year, ing the Director of Port Control to an emergency measure providing for to provide automotive parts, sup- exercise the first option to renew the usual daily operation of a munici- plies, and services necessary for Contract No. PS 2011-267 with Rand pal department; now, therefore, vehicle maintenance, including Worldwide Subsidiary Inc., dba Be it ordained by the Council of labor and materials and installation, Imaginit Technologies to provide the City of Cleveland: for the Department of Port Control. technical support relating to Auto- Section 1. That the Director of Section 2. That the Director of Port Cad software for the Department of Port Control is authorized to exer- Control is authorized to exercise the Port Control. cise the first option to renew Con- first option to renew Contract No. MA Whereas, under the authority of tract No. PS 2011-268 for an addi- 2011-97 with Jack Doheny Supplies, Ordinance No. 1331-08, passed October tional year with the Society for Ohio, Inc. for an additional year in the 6, 2008, the Director of Port Control Human Resource Management to approximate amount of $162,400.00, entered into Contract No. PS 2011-267 provide professional technical and for the requirements for an additional with Rand Worldwide Subsidiary general training and development year, to provide automotive parts, Inc., dba Imaginit Technologies to content, activities, and programs in supplies, and services necessary for provide technical support relating to support of employee performance vehicle maintenance, including labor AutoCad software for the Department and professional development pro- and materials and installation, for the of Port Control; and grams at Cleveland Hopkins Inter- Department of Port Control. Whereas, Ordinance No. 1331-08 national Airport and Burke Lake- Section 3. That the Director of Port requires further legislation before front Airport, Department of Port Control is authorized to exercise the exercising the first option to renew on Control. This ordinance constitutes first option to renew Contract No. MA this contract; and the additional legislative authority 2011-99 with Southeastern Equipment Whereas, this ordinance constitutes required by Ordinance No. 1404-07 to Co., Inc. for an additional year in the an emergency measure providing for exercise this option. (RQS 3001, RL approximate amount of $72,598.00, for the usual daily operation of a munici- 2013-124) the requirements for an additional pal department; now, therefore, Section 2. That this ordinance is year, to provide automotive parts, Be it ordained by the Council of declared to be an emergency measure supplies, and services necessary for the City of Cleveland: and, provided it receives the affirma- vehicle maintenance, including labor 1389 78 The City Record August 21, 2013 and materials and installation, for the Be it ordained by the Council of Section 9. That the Option to Pur- Department of Port Control. the City of Cleveland: chase Agreement shall be prepared Section 4. That the Director of Port Section 1. That notwithstanding by the Director of Law. Control is authorized to exercise the and as an exception to the provi- Section 10. That the conveyance first option to renew Contract No. MA sions of Chapters 181 and 183 of the shall be made by official deed pre- 2011-100 with Concord Road Equip- Codified Ordinances of Cleveland, pared by the Director of Law and exe- ment Mfg., Inc. for an additional year, Ohio, 1976, the Director of Commu- cuted by the Mayor on behalf of the in the approximate amount of nity Development is authorized to City of Cleveland. The deed shall con- $261,176.40, for the requirements for lease to Fast Track Cycling, Inc. tain necessary provisions, including an additional year to provide automo- (“Lessee”), certain property which is restrictive reversionary interests as tive parts, supplies, and services nec- not needed for public use more fully may be specified by the Board of Con- essary for vehicle maintenance, described as follows: trol or Director of Law, which shall including labor and materials and protect the parties as their respective installation, for the Department of Parcel No. 1 interests require and shall specifical- Port Control. Situated in the City of Cleveland, ly contain a provision against the Section 5. That the Director of Port County of Cuyahoga, State of Ohio erection of any advertising signs or Control is authorized to exercise the and known as being Parcel “A” in the billboards except permitted identifi- first option to renew Contract No. MA Map of Consolidation for Primary cation signs. 2011-101 with M-B Companies for an Health Systems of Ohio, Limited Part- Section 11. That notwithstanding additional year in the approximate nership of part of Original 100 Acre and as an exception to the provisions amount of $104,800, for the require- Lots Nos. 320 and 324, as shown by the of Title V of the Community Develop- ments for an additional year, to pro- recorded plat in Volume 271, Page 90 ment Code in the Codified Ordinances vide automotive parts, supplies, and of Cuyahoga County Map Records, be of Cleveland, Ohio, 1976, the Director services necessary for vehicle mainte- the same more or less, but subject to of Community Development may nance, including labor and materials all legal highways. enter into and execute a project and installation, for the Department agreement for and on behalf of the of Port Control. Parcel No. 2 City of Cleveland with Fast Track Section 6. That the Director of Port Situated in the City of Cleveland, Cycling, Inc., for the acquisition, dis- Control is authorized to exercise the County of Cuyahoga, State of Ohio position and private redevelopment of first option to renew Contract No. MA and known as being Parcel “B” in the the property described in this ordi- 2011-102 with Ohio Machinery Co., dba Map of Consolidation for Primary nance. Ohio CAT for an additional year in Health Systems of Ohio, Limited Part- Section 12. That the proceeds from the approximate amount of $47,720.00, nership of part of Original 100 Acre the sale of the property shall be for the requirements for an additional Lots Nos. 320 and 324, as shown by the deposited into Fund No. 10. year, to provide automotive parts, recorded plat in Volume 271, Page 90 Section 13. That this ordinance is supplies, and services necessary for of Cuyahoga County Map Records, be declared to be an emergency measure and, provided it receives the affirma- vehicle maintenance, including labor the same more or less, but subject to tive vote of two-thirds of all the mem- and materials and installation, for the all legal highways. bers elected to Council, it shall take Department of Port Control. Section 2. That the term of the lease effect and be in force immediately Section 7. This ordinance consti- authorized by this ordinance shall upon its passage and approval by the tutes the additional legislative commence January 1, 2014, shall not Mayor; otherwise it shall take effect authority required by Ordinance No. exceed four years, and may be termi- and be in force from and after the ear- 190-07 needed to exercise the options nated by the Director of Community liest period allowed by law. Development 180 days after written to renew for the above contracts. Passed August 14, 2013. notice to Fast Track, Inc. or upon sale Section 8. That this ordinance is Effective August 16, 2013. declared to be an emergency measure of the property to Fast Track, Inc. and, provided it receives the affirma- Section 3. That the property autho- tive vote of two-thirds of all the mem- rized by this ordinance shall be leased at a rental of $1.00 per year, bers elected to Council, it shall take Ord. No. 858-13. and other valuable considerations, effect and be in force immediately By Council Members Cimperman, which is determined to be fair market upon its passage and approval by the Miller, Cleveland and Kelley (by Mayor; otherwise it shall take effect value, exclusive of utilities. departmental request). and be in force from and after the ear- Section 4. That the lease may autho- An emergency ordinance to vacate liest period allowed by law. rize the Lessee to make improve- a portion of Franklin Avenue, N.W. Passed August 14, 2013. ments to the leased premises subject Whereas, under Resolution No. Effective August 16, 2013. to the approval of appropriate City 1408-12, adopted December 3, 2012, this agencies and officials. Council declared its intention to Section 5. That the lease shall be vacate a portion of Franklin Avenue, prepared by the Director of Law. N.W.; and Ord. No. 857-13. Section 6. That the Director of Com- Whereas, notice of the adoption of By Council Members Brancatelli. munity Development, the Director of the above vacation was served on the Cleveland, Kelley and Cummins (by Law, and other appropriate City offi- abutting property owners affected by departmental request). cials are authorized to execute any the resolution which stated a time An emergency ordinance authoriz- other documents and certificates, and and place when objections would be ing the Director of Community take any other actions which may be heard before the Board of Revision of Development to lease certain prop- necessary or appropriate to effect the Assessments; and erty located at 5163 Broadway lease authorized by this ordinance. Whereas, on June 21, 2013, the Avenue, formerly known as St. Section 7. That notwithstanding Board of Revision of Assessments Michael’s Hospital, to Fast Track and as an exception to the provisions approved the above vacation under Cycling, Inc. for the purpose of con- of Chapters 181 and 183 of the Codi- the provisions of Section 176 of the structing, developing and operating fied Ordinances of Cleveland, Ohio, Charter of the City of Cleveland; and a cycling facility, for a term not to 1976, the Commissioner of Purchases Whereas, this Council is satisfied exceed four years; and authorizing and Supplies is authorized to enter that there is good cause for vacating the Commissioner of Purchases and into an Option to Purchase Agree- a portion of the above and that it will Supplies to enter into an Option to ment with Fast Track Cycling, Inc. not be detrimental to the general Purchase Agreement with Fast for the sale of City-owned property interest and that it should be made; Track Cycling, Inc. in connection located at 5163 Broadway Avenue, for- and with the sale of the property. merly known as St. Michael’s Hospi- Whereas, this ordinance constitutes Whereas, the City of Cleveland tal, and further described in above in an emergency measure providing for owns certain property located at 5163 this ordinance. the usual daily operation of a munici- Broadway Avenue, formerly known Section 8. That by and at the direc- pal department; now, therefore, as St. Michael’s Hospital, which is not tion of the Board of Control, the Com- Be it ordained by the Council of needed for public use; and missioner of Purchases and Supplies the City of Cleveland: Whereas, Fast Track Cycling, Inc. is authorized to convey the property Section 1. That this Council has proposed to lease the property described above under the option at a declares that the following from the City; and price determined to be fair market described real property is vacated: Whereas, this ordinance constitutes value by the Board of Control, taking Being all that portion of Franklin an emergency measure providing for into account all restrictions, and Avenue N.W. (60.00 feet wide) extend- the usual daily operation of a munici- encumbrances placed by the City of ing easterly from the northerly pro- pal department; now, therefore, Cleveland in the deed of conveyance. longation of west line of the Lot Split 1390 August 21, 2013 The City Record 79 and Consolidation Plat of Lands of Vacation of a Portion of Vacation of a Portion of Relocated Virginia E. Peck and Kenneth R. Hall Brookpark Road Grayton Road as shown in volume 244 of Maps, page Situated in the City of Cleveland, Situated in the City of Cleveland, 48 of Cuyahoga County Records to its County of Cuyahoga, State of Ohio County of Cuyahoga, State of Ohio terminus with the vacated portion of and known as being a part of Original and known as being a part of Original Franklin Avenue N.W. (60.00 feet Rockport Township Section No. 4, Rockport Township Section No. 4. wide) and West 20th Street (66 feet Original Middleburg Township Sec- Also being that part of Orchard Glen wide) as shown in Volume 202 of tion No. 20, Lot No. 1 and Original Mid- Subdivision recorded in Volume 62, Maps, page 59 of Cuyahoga County dleburg Township Section No. 11, Lot Page 12 of the Cuyahoga County Map Records. No. 6. Also being part of Brookpark Records, West Lawn Subdivision Description approved by Greg Road as dedicated in Volume 118, recorded in Volume 70, Page 28 of the Esber, Section Chief, Plats, Surveys Page 24, Volume 127, Page 29 and Vol- Cuyahoga County Map Records and and House Numbering Section. ume 130, Pages 152-154 of the Cuya- vacated West Lawn Avenue as record- Section 2. That there is reserved to hoga County Map Records, being ed in Volume 195, Page 75 of the Cuya- the City of Cleveland an easement of more definitely described as follows; hoga County Map Records conveyed full width as described above for the Commencing at a 1" iron pin found to the City of Cleveland, being more Illuminating Company (CEI) and the in a monument box at the intersection definitely described as follows; City of Cleveland Department of of the centerline of Relocated Brook- Commencing at a 1" iron pin found Water. park Road and the centerline of Relo- in a monument box at the intersection That no structures shall be erected cated Old Grayton Road as shown on of the centerline of Relocated Brook- on the premises described in this ease- Centerline Survey Plat recorded in park Road and the centerline of Relo- ment except those constructed under Volume 313, Pages 97-99 of the Cuya- cated Old Grayton Road as shown on the approval of, and in compliance hoga County Map Records; Centerline Survey Plat recorded in with, plans approved by the Illumi- Thence, along the centerline of Volume 313, Pages 97-99 of the Cuya- nating Company (CEI) , City of Cleve- hoga County Map Records; land Department of Water, and the Relocated Brookpark Road, along the Thence, along the centerline of City of Cleveland. arc of a curve which deflects to the Relocated Brookpark Road, along the Section 3. That provided all left, 126.82 feet, said curve having a arc of a curve which deflects to the required approvals have been radius of 674.07 feet, a central angle left, 126.82 feet, said curve having a obtained, the Manager of Engineer- of 10° 46' 47", and a chord of 126.63 ing and Construction is directed to feet which bears North 64° 41' 07" radius of 674.07 feet, a central angle record the vacation plat in the office East; of 10° 46' 47" and a chord of 126.63 feet of the Recorder of Cuyahoga County. Thence, leaving said centerline, which bears North 64° 41' 07" East; Section 4. That the Clerk of Council South 30° 42' 17" East, 50.00 feet to the Thence, leaving said centerline, is directed to transmit a copy of this southerly right of way of Relocated South 30° 42' 17" East, 50.00 feet to the ordinance to the Fiscal Officer of Brookpark Road and True Point of southerly right of way of Relocated Cuyahoga County. Beginning for the parcel herein Brookpark Road, said point also Section 5. That this ordinance is described, said point also being in the being in the northerly right of way of declared to be an emergency measure northerly right of way of Brookpark Brookpark Road; and, provided it receives the affirma- Road; Thence, along the northerly right of way of Brookpark Road, North 89° 45' tive vote of two-thirds of all the mem- Thence, along the northerly right of 56" East, 1192.03 feet; bers elected to Council, it shall take way of Brookpark Road, North 89° 45' effect and be in force immediately Thence, continuing along the 56" East, 1192.03 feet; upon its passage and approval by the northerly right of way of Brookpark Thence, continuing along the Mayor; otherwise it shall take effect Road, North 89° 54' 00" East, 140.12 northerly right of way of Brookpark and be in force from and after the ear- feet to the westerly right of way of Road, North 89° 54' 00" East, 2217.91 liest period allowed by law. Relocated Grayton Road and the True feet to the southerly right of way of Passed August 14, 2013. Point of Beginning for the parcel Relocated Brookpark Road; Effective August 16, 2013. herein described; Thence, along the southerly right Thence, along the westerly right of of way of Relocated Brookpark Road, way of Relocated Grayton Road, South 72° 01' 22" East, 71.27 feet; North 02° 02' 24" East, 506.28 feet to Ord. No. 859-13. Thence, continuing along the the southerly right of way of Relocat- By Council Members Sweeney, southerly right of way of Relocated ed Brookpark Road; Miller, Cleveland and Kelley (by Brookpark Road, along the arc of a Thence, along the southerly right departmental request). curve which deflects to the left, 497.83 of way of Relocated Brookpark Road, An emergency ordinance to vacate feet to the southerly right of way of South 88° 55' 58" East, 182.57 feet; a portion of Brookpark Road and a Brookpark Road, said curve having a Thence, continuing along the portion of Relocated Grayton Road. radius of 1577.89 feet, a central angle southerly right of way of Relocated Whereas, under Resolution No. of 18° 04' 39", and a chord of 495.77 Brookpark Road, North 88° 50' 49" 1538-12, adopted December 3, 2012, this feet which bears South 81° 03' 42" Council declared its intention to East, 29.44 feet to the easterly right of East; way of Relocated Grayton Road; vacate a portion of Brookpark Road Thence, along the southerly right and a portion of Relocated Grayton Thence, along the easterly right of of way of Brookpark Road, South 89° way of Relocated Grayton Road, Road; and 54' 00" West, 2775.16 feet; Whereas, notice of the adoption of South 04° 38' 33" East, 52.93 feet; Thence, continuing along the the above vacation was served on the Thence, continuing along the east- southerly right of way of Brookpark abutting property owners affected by erly right of way of Relocated Gray- Road, South 89° 45' 56" West, 1559.33 the resolution which stated a time ton Road, South 00° 05' 29" East, feet to the southerly right of way of and place when objections would be 449.98 feet to the northerly right of heard before the Board of Revision of Relocated Brookpark Road; way of Brookpark Road; Assessments; and Thence, along the southerly right Thence, along the northerly right of Whereas, on June 21, 2013, the of way of Relocated Brookpark Road, way of Brookpark Road, South 89° 54' Board of Revision of Assessments North 89° 43' 19" East, 0.80 feet; 00" West, 235.00 feet to the point of approved the above vacation under Thence, continuing along the beginning. the provisions of Section 176 of the southerly right of way of Relocated Containing within said bounds Charter of the City of Cleveland; and Brookpark Road, along the arc of a 2.6071 acres (113,564 square feet) of Whereas, this Council is satisfied curve which deflects to the left, 384.51 land as surveyed by KS Associates, that there is good cause for vacating feet to the point of beginning, said Inc. under the supervision of Trevor a portion of the above and that it will curve having a radius of 724.07 feet, a A. Bixler, Professional Surveyor No. not be detrimental to the general central angle of 30° 25' 36", and a 7730 in May 2012. interest and that it should be made; chord of 380.01 feet which bears North Bearings are based on Ohio State and 74° 30' 31" East; Plane, North Zone NAD83(1995) Grid Whereas, this ordinance constitutes Containing within said bounds North. an emergency measure providing for 8.5278 acres (371,472 square feet) of Description approved by Greg the usual daily operation of a munici- land as surveyed by KS Associates, Esber, Section Chief, Plats, Surveys pal department; now, therefore, Inc. under the supervision of Trevor and House Numbering Section. Be it ordained by the Council of A. Bixler, Professional Surveyor, No. Section 2. That there is reserved to the City of Cleveland: 7730 in May 2012. the City of Cleveland an easement of Section 1. That this Council Bearings are based on Ohio State full width as described above for declares that the following Plane, North Zone NAD83(1995) Grid AT&T and the Illuminating Company described real property is vacated: North. (CEI). 1391 80 The City Record August 21, 2013

That no structures shall be erected Thence, along the northerly right of Whereas, the unique design, time, on the premises described in this ease- way of Brookpark Road S.W., South budgetary, or other material elements ment except those constructed under 89° 57' 31" West, 13.69 feet; of this project can benefit from the the approval of, and in compliance Thence, continuing along the special care, coordination, and expe- with, plans approved by AT&T, the northerly right of way of Brookpark ditiousness possible by performance Illuminating Company (CEI), and the Road S.W., South 89° 54' 00" West, of both the professional design ser- City of Cleveland. 24.78 feet to the westerly right of way vices and the construction under a Section 3. That provided all of Rocky River Drive, S.W.; design-build approach contract with a required approvals have been Thence, along the westerly right of single entity; and obtained, the Manager of Engineer- way of Rocky River Drive S.W., North Whereas, this ordinance constitutes ing and Construction is directed to 24° 28' 14" East, 220.60 feet to the an emergency measure providing for record the vacation plat in the office southerly Limited Access line of the usual daily operation of a munici- of the Recorder of Cuyahoga County. Interstate 480; pal department; now, therefore, Section 4. That the Clerk of Council Thence, along the southerly Limit- Be it ordained by the Council of is directed to transmit a copy of this ed Access line of Interstate 480 the the City of Cleveland: ordinance to the Fiscal Officer of following three courses; Section 1. That, under Section 167 Cuyahoga County. Along the arc of a curve which of the Charter of the City of Cleve- Section 5. That this ordinance is deflects to the left, 23.74 feet, said land, this Council determines to declared to be an emergency measure curve having a radius of 3918.03 feet, make the public improvement of and, provided it receives the affirma- a central angle of 00° 20' 50", and a constructing improvements to the tive vote of two-thirds of all the mem- chord of 23.74 feet which bears South hillside on and adjoining the 89° 29' 19" East; bers elected to Council, it shall take Impound Lot at 4300 Bradley Road; Thence South 01° 07' 31" East, 31.24 effect and be in force immediately and evaluating further erosion of upon its passage and approval by the feet; Thence South 26° 37' 40" East, 44.73 the hillside, including the land Mayor; otherwise it shall take effect feet to the easterly right of way of known as the Bradley Road landfill and be in force from and after the ear- Rocky River Drive S.W.; (the “Improvement”), for the Divi- liest period allowed by law. Thence, along the easterly right of sion of Architecture and Site Devel- Passed August 14, 2013. way of Rocky River Drive S.W., South opment, Office of Capital Projects, Effective August 16, 2013. 24° 28' 14" West, 142.03 feet to the by one or more design-build or engi- northerly right of way of Brookpark neer-procure-construct contracts Road S.W.; duly let to the person, firm, or cor- Thence, along the northerly right of poration or combination of them sub- Ord. No. 860-13. way of Brookpark Road S.W., South mitting the best proposal, taking By Council Members Sweeney, 89° 57' 31" West, 38.47 feet to the point into consideration the engineering Miller, Cleveland and Kelley (by of beginning. and design, the construction method, departmental request). Description approved by Greg the proposed design and construc- An emergency ordinance to vacate Esber, Section Chief, Plats, Surveys tion costs, the total life-cycle costs, a portion of Rocky River Dr., S.W. and House Numbering Section. the qualifications of the proposed Whereas, under Resolution No. 161- Section 2. That there is reserved to design professional and construction 13, adopted March 25, 2013, this Coun- the City of Cleveland an easement of firm, and the other objectives of the cil declared its intention to vacate a full width as described above for Improvement. AT&T, the Illuminating Company portion of Rocky River Dr., S.W.; and The selection of the person, firm, or (CEI), N.E.O.R.S.D., and the City of Whereas, notice of the adoption of corporation to design and construct the above vacation was served on the Cleveland Department of Water. That no structures shall be erected the Improvement shall be made by the abutting property owners affected by Board of Control on the nomination of the resolution which stated a time on the premises described in this ease- ment except those constructed under the Director of Capital Projects from and place when objections would be a list of qualified and available per- heard before the Board of Revision of the approval of, and in compliance with, plans approved by AT&T, the sons, firms, or corporations, as may be Assessments; and determined by the Director of Capital Whereas, on June 21, 2013, the Illuminating Company (CEI), N.E.O.R.S.D., the City of Cleveland Projects after making a full and com- Board of Revision of Assessments Department of Water, and the City of plete canvass for the purpose of com- approved the above vacation under Cleveland. piling the list. The Board of Control the provisions of Section 176 of the Section 3. That provided all shall fix the total compensation to be Charter of the City of Cleveland; and required approvals have been paid for all design and construction Whereas, this Council is satisfied obtained, the Manager of Engineer- and procurement necessary for the that there is good cause for vacating ing and Construction is directed to Improvement. The contract or con- a portion of the above and that it will record the vacation plat in the office tracts shall be prepared by the Direc- not be detrimental to the general of the Recorder of Cuyahoga County. tor of Law, approved by the Director interest and that it should be made; Section 4. That the Clerk of Council of Capital Projects, and certified by and is directed to transmit a copy of this the Director of Finance. Whereas, this ordinance constitutes ordinance to the Fiscal Officer of an emergency measure providing for Section 2. That notwithstanding Cuyahoga County. and as an exception to the provisions the usual daily operation of a munici- Section 5. That this ordinance is of Chapters 181 and 183 of Codified pal department; now, therefore, declared to be an emergency measure Ordinances of the City of Cleveland, Be it ordained by the Council of and, provided it receives the affirma- the Director of Capital Projects is the City of Cleveland: tive vote of two-thirds of all the mem- authorized to execute all documents Section 1. That this Council bers elected to Council, it shall take declares that the following effect and be in force immediately and pay all fees necessary to acquire described real property is vacated: upon its passage and approval by the any real estate interests needed for Situated in the City of Cleveland, Mayor; otherwise it shall take effect the Improvement. County of Cuyahoga, State of Ohio and be in force from and after the ear- Section 3. That the Director of Capi- and known as being a part of Original liest period allowed by law. tal Projects is authorized to apply and Rockport Township Section No. 3. Passed August 14, 2013. pay for permits, licenses, or other Commencing at a MAG nail set at Effective August 16, 2013. authorizations required by any regu- the intersection of the centerline of latory agency or public authority to Brookpark Road S.W. (100 feet wide) permit performance of the work and the centerline of Rocky River authorized by this ordinance. Drive S.W. (70 feet wide); Ord. No. 861-13. Section 4. That the Director of Capi- Thence, along the centerline of By Council Members Miller, Cleve- tal Projects is authorized to seek Rocky River Drive S.W., North 26° 19' land, Kelley and Cummins (by depart- additional funding sources for the 49" East, 22.33 feet to the southerly mental request). Improvement as it relates to the ero- line of said Original Rockport Town- An emergency ordinance deter- sion of the hillside. ship Section No. 3; mining the method of making the Section 5. That the cost of the Thence, continuing along the cen- public improvement of constructing Improvement authorized shall be terline of Rocky River Drive, North improvements to the hillside on and paid from Fund Nos. 20 SF 509, 20 SF 24° 28' 14" East, 32.97 feet to the adjoining the Impound Lot at 4300 517, 20 SF 524, 20 SF 532, 20 SF 539, 20 northerly right of way of Brookpark Bradley Road; authorizing the Direc- SF 545, and 20 SF 553, Request No. Road S.W., and the True Point of tor of Capital Projects to enter into RQS 1013, RL 2013-117. Beginning for the parcel herein one or more contracts for the mak- Section 6. That this ordinance is described; ing of the improvement. declared to be an emergency measure 1392 August 21, 2013 The City Record 81 and, provided it receives the affirma- Section 3. That this ordinance is Section 2. That the Director of Pub- tive vote of two-thirds of all the mem- declared to be an emergency measure lic Utilities is authorized to make one bers elected to Council, it shall take and, provided it receives the affirma- or more written requirement con- effect and be in force immediately tive vote of two-thirds of all the mem- tracts under the Charter and the Codi- upon its passage and approval by the bers elected to Council, it shall take fied Ordinances of Cleveland, Ohio, Mayor; otherwise it shall take effect effect and be in force immediately 1976, for the requirements for a period and be in force from and after the ear- upon its passage and approval by the up to two years of the necessary items liest period allowed by law. Mayor; otherwise it shall take effect of landscape materials, supplies, and Passed August 14, 2013. and be in force from and after the ear- services, including labor and materi- Effective August 16, 2013. liest period allowed by law. als to install, replace, and restore tree Passed August 14, 2013. lawns damaged due to utility work Effective August 16, 2013. performed by the Department of Pub- lic Utilities, in the approximate Ord. No. 862-13. amount as purchased during the pre- By Council Members Keane and ceding term, to be purchased by the Kelley (by departmental request). Ord. No. 863-13. Commissioner of Purchases and Sup- An emergency ordinance authoriz- By Council Members Pruitt and plies on a unit basis for the Divisions ing the Director of Port Control to Kelley (by departmental request). of Water, Water Pollution Control, employ one or more professional An emergency ordinance authoriz- Cleveland Public Power, Department consultants to provide grant writing ing the purchase by one or more of Public Utilities. Bids shall be taken and resource development services, requirement contracts of landscape in a manner that permits an award to for a period of one year with three materials, supplies, and services, be made for all items as a single con- one-year options to renew, the sec- including labor and materials need- tract, or by separate contract for each ond of which is exercisable through ed to maintain, test, install, replace, or any combination of the items as the additional legislative authority. improve, restore, and refurbish land- Board of Control determines. Alter- Whereas, this ordinance constitutes scaping and tree lawns located at nate bids for a period less than the an emergency measure providing for City-owned or leased Public Utility specified term may be taken if the usual daily operation of a munici- facilities and other City right-of- desired by the Commissioner of Pur- pal department; now, therefore, ways, for the Divisions of Water, chases and Supplies until provision is Be it ordained by the Council of Water Pollution Control, and Cleve- made for the requirements for the the City of Cleveland: land Public Power, Department of entire term. Section 1. That the Director of Public Utilities, for a period up to Section 3. That the costs of the con- Port Control is authorized to employ two years, with two one-year options tract or contracts shall be charged by contract or contracts one or more to renew, the first of which requires against the proper appropriation consultants or one or more firms of additional legislative authority. accounts and the Director of Finance consultants for the purpose of sup- Whereas, this ordinance constitutes shall certify the amount of any pur- plementing the regularly employed an emergency measure providing for chase under the contract, each of which purchases shall be made on staff of the several departments of the usual daily operation of a munici- re, order of the Commissioner of Pur- the City of Cleveland in order to pro- pal department; now, therefo Be it ordained by the Council of chases and Supplies by a delivery vide professional services necessary the City of Cleveland: order issued against the contract or to provide grant writing and Section 1. That the Director of contracts and certified by the Direc- resource development services, Public Utilities is authorized to tor of Finance. (RQN 2002, RL 2013-25) including but not limited to, make one or more written require- Section 4. That under Section 108(b) researching, identifying, completing ment contracts under the Charter of the Charter, the purchases autho- and submitting public and private and the Codified Ordinances of rized by this ordinance may be made grant proposals, and to supplement Cleveland, Ohio, 1976, for the through cooperative arrangements and expand the traditional sources requirements for a period up to two with other governmental agencies. of funding available to the various years, with two one-year options to The Director of Public Utilities may divisions of the Department of Port renew, of the necessary items of sign all documents that are necessary Control, for a period of one year, landscape materials, supplies, and to make the purchases, and may enter with three one-year options to services, including labor and mate- into one or more contracts with the renew, the second of which requires rials needed to maintain, test, vendors selected through that cooper- additional legislative authority. The install, replace, improve, and refur- ative process. first of the one-year options to bish landscaping located at City- Section 5. That this ordinance is renew may be exercised by the owned or leased Public Utility facil- declared to be an emergency measure Director of Port Control, without the ities, including but not limited to and, provided it receives the affirma- necessity of obtaining additional buildings, yards, structures, sta- tive vote of two-thirds of all the mem- authority of this Council. The sec- tions, towers, substations, and other bers elected to Council, it shall take ond of the one-year options to renew City right-of-ways, in the approxi- effect and be in force immediately may not be exercised without addi- mate amount as purchased during upon its passage and approval by the tional legislative authority. If such the preceding term, to be purchased Mayor; otherwise it shall take effect additional legislative authority is by the Commissioner of Purchases and be in force from and after the ear- granted and the second of the one- and Supplies on a unit basis for the liest period allowed by law. year options to renew is exercised, Divisions of Water, Water Pollution Passed August 14, 2013. then the third of the one-year Control, and Cleveland Public Effective August 16, 2013. options to renew may be exercisable Power, Department of Public Utili- at the option of the Director of Port ties. The first of the one-year Control, without the necessity of options to renew may not be exer- obtaining additional authority of cised without additional legislative Ord. No. 975-13. this Council. authority. If such additional leg- By Council Members Westbrook, The selection of the consultants for islative authority is granted and the Brancatelli and Kelley (by depart- the services shall be made by the first of the one-year options to mental request). Board of Control on the nomination of renew is exercised, then the second An emergency ordinance authoriz- the Director of Port Control from a of the one-year options to renew ing an amendment to the Project list of qualified consultants available may be exercisable at the option of Agreement with Orlean WT II, LLC for employment as may be determined the Director of Public Utilities, with- relating to the renovation of the for- after a full and complete canvass by out the necessity of obtaining addi- mer West Technical High School the Director of Port Control for the tional authority of this Council. Bids field property located at 2201 West purpose of compiling a list. The com- shall be taken in a manner that per- 93rd Street into residential housing pensation to be paid for the services mits an award to be made for all and to allow the sale of land for shall be fixed by the Board of Control. items as a single contract, or by sep- parking. The contract or contracts authorized arate contract for each or any com- Whereas, under Ordinance No. 1976- shall be prepared by the Director of bination of the items as the Board 99, passed December 13, 1999, this Law, approved by the Director of Port of Control determines. Alternate Council authorized the West Tech Control, and certified by the Director bids for a period less than the spec- Lofts housing project (the “Project”) of Finance. ified term may be taken if desired by approving the sale of the former Section 2. That the cost of the con- by the Commissioner of Purchases West Technical High School property tract or contracts authorized shall be and Supplies until provision is made located at 2201 West 93rd Street, paid from Fund No. 60 SF 001, Request for the requirements for the entire which included both the school and No. RQS 3001, RL 2013-118. term. field, to WTech, LP to develop hous- 1393 82 The City Record August 21, 2013 ing and to authorize a Project Agree- are authorized to execute such certifi- that is in the city of Cleveland ment with WTech, LP; and cations and documents, and take such through the use of Ward 2 Cleveland Whereas, the Project consisted of other actions as may be necessary or Casino Revenue Funds. renovating and rehabilitating the appropriate in connection with carry- Section 2. That the cost of said con- vacant West Technical High School ing out the terms of the Project tract shall be in an amount not to Building into 184 units of market rate Agreement. exceed $30,000 and shall be paid from residential rental housing (Phase I) Section 4. That this ordinance is Fund No. 10 SF 188. and constructing approximately 40 declared to be an emergency measure Section 3. That the Director of Law attached single family townhome and, provided it receives the affirma- shall prepare and approve said con- units and common open areas (Phase tive vote of two-thirds of all the mem- tract and that the contract shall con- II); and bers elected to Council, it shall take tain such terms and provisions as he Whereas, after WTech, LP complet- effect and be in force immediately deems necessary to protect the City’s ed Phase I it transferred the Phase II upon its passage and approval by the interest. Project property to Orlean WT II, Mayor; otherwise it shall take effect Section 4. That this ordinance is LLC (“Orlean”) subject to the Project and be in force from and after the ear- hereby declared to be an emergency Agreement requirements for Phase II; liest period allowed by law. measure and, provided it receives the and Passed August 14, 2013. affirmative vote of two-thirds of all Whereas, Orlean desires to split the Effective August 16, 2013. the members elected to Council, it uncompleted portion of the Phase II- shall take effect and be in force imme- land into two separate pieces, and to diately upon its passage and approval sell one of those pieces to MIMG by the Mayor; otherwise it shall take XXXVI West Tech Lofts, LLC Ord. No. 1068-13. effect and be in force from and after (“MIMG”) to develop a tenant parking By Council Member Miller. the earliest period allowed by law. lot (the “Orlean/MIMG Property); and An emergency ordinance to add Passed August 14, 2013. Whereas, the Project Agreement the name “Roosevelt Pendleton – Effective August 16, 2013. needs to be amended for the City to Penn Barbershop Way” as a sec- consent to the split of the uncomplet- ondary name to Vashti Avenue from ed portion of the Phase II land, and to East 124th Street to St. Clair develop a plan with Orlean to com- Avenue. Ord. No. 1070-13. plete Phase II; and Whereas, this ordinance consti- By Council Member Dow. Whereas, the City wishes to release tutes an emergency measure provid- An emergency ordinance authoriz- the deed restrictions on the portion of ing for the usual daily operation of ing the Director of the Department the Orlean/MIMG Property in order to a municipal department; now, there- of Community Development to enter allow MIMG to construct the parking fore into an agreement with the Hough lot; and Be it ordained by the Council of Development Corporation or its Whereas, this ordinance constitutes the City of Cleveland: designee the Bellaire Puritas Devel- an emergency measure providing for Section 1. That, notwithstanding opment Corporation for the New Day the usual daily operation of a munici- and as an exception to the Codified in Hough Expo through the use of pal department; now, therefore, Ordinances of the City of Cleveland, Ward 7 Neighborhood Capital Be it ordained by the Council of 1976, the name “Roosevelt Pendleton – Funds. the City of Cleveland: Whereas, this ordinance consti- Penn Barbershop Way” shall be Section 1. That the Director of Com- tutes an emergency measure provid- added as a secondary name to Vashti munity Development is authorized to ing for the usual daily operation of Avenue from East 124th Street to St. enter into an amendment to the Pro- a municipal department; now, there- Clair Avenue. ject Agreement entered into with fore Section 2. That this ordinance is WTech, LP and subsequently Be it ordained by the Council of hereby declared to be an emergency assumed by Orlean WT II, LLC. The the City of Cleveland: measure and, provided it receives the amendment to the Project Agreement Section 1. That the Director of the shall (a) authorize a portion of the affirmative vote of two-thirds of all Department of Community Develop- land in Phase II consisting of 16 the members elected to Council, it ment is authorized to enter into an parcels and shown in the map in the shall take effect and be in force imme- agreement effective July 27, 2013 with file as Part A to be sold to MIMG diately upon its passage and approval the Hough Development Corporation XXXVI West Tech Lofts, LLC, for a by the Mayor; otherwise it shall take or its designee the Bellaire Puritas parking lot; (b) authorize the release effect and be in force from and after Development Corporation for the New of the City’s reversionary interests in the earliest period allowed by law. Day in Hough Expo for the public pur- the Part A property; (c) develop a Passed August 14, 2013. pose of providing information on var- plan with Orlean WT II, LLC to com- Effective August 16, 2013. ious city services and social support plete the balance of the Phase II resi- programs that are available to city of dential housing project site consist- Cleveland residents through the use ing of the property as shown in the of Ward 7 Neighborhood Capital map in the file as Part B with a Ord. No. 1069-13. Funds. revised number of housing units and By Council Member Reed. Section 2. That the cost of said con- with new timelines; so long as such a An emergency ordinance authoriz- tract shall be in an amount not to plan requires that the proceeds of the ing the Director of the Department exceed $8,000 and shall be paid from sale of the land referred to above as of Public Safety to enter into an Fund No. 10 SF 177. Part A shall be applied toward debt agreement with the Mount Pleasant Section 3. That the Director of Law encumbering the land referred to Community Zone for the Neighbor- shall prepare and approve said con- above as Part B; (d) contain such hood Safety and Security Program tract and that the contract shall con- other requirements as the Director of for the Mt. Pleasant and Kinsman tain such terms and provisions as he Community Development and Direc- Neighborhood Area through the use deems necessary to protect the City’s tor of Law may deem necessary to of Ward 2 Cleveland Casino Rev- interest. protect the interests of the City of enue Funds. Section 4. That this ordinance is Cleveland; and (e) require Orlean WT Whereas, this ordinance consti- hereby declared to be an emergency II, LLC to present all design draw- tutes an emergency measure provid- measure and, provided it receives the ings, specifications, and other con- ing for the usual daily operation of affirmative vote of two-thirds of all struction documents to the City Plan- a municipal department; now, there- the members elected to Council, it ning Commission and the Design fore shall take effect and be in force imme- Review Committee for approval prior Be it ordained by the Council of diately upon its passage and approval to the issuance of permits by the the City of Cleveland: by the Mayor; otherwise it shall take Department of Building and Housing. Section 1. That the Director of the effect and be in force from and after A copy of the Executive Summary and Department of Public Safety be autho- the earliest period allowed by law. map are placed in File No. 975-13-A. rized to enter into an agreement with Passed August 14, 2013. Section 2. That the amendment to the Mount Pleasant Community Zone Effective August 16, 2013. the Project Agreement and such other for the Neighborhood Safety and Secu- documents as may be appropriate to rity Program for the public purpose of complete the transactions authorized joint collaboration with the Fourth shall be prepared by the Director of District Police Station on safety activ- Ord. No. 1071-13. Law. ities and the coordination of the use By Council Member Brady. Section 3. That the Director of Com- of security cameras along the com- An emergency ordinance authoriz- munity Development, the Director of mercial area in the Mt. Pleasant and ing Shawn Stephens to engage in Law, and appropriate City officials Kinsman Road neighborhood area mobile peddling in Ward 17. 1394 August 21, 2013 The City Record 83

Whereas, pursuant to Section (b) Red Light Offense – Liability Woodland Avenue between East 675.08 of the Codified Ordinances of Imposed. The owner of a vehicle shall 66th Street and East 71st Street Cleveland, Ohio, 1976, the consent of be liable for the penalty imposed West Boulevard between I-90 Ramp Council, expressed by ordinance is a under this section if the vehicle cross- and Madison Avenue prerequisite to temporary sidewalk es a marked stop line or the intersec- Lee Road between Tarkington peddling upon the public rights of tion plane at a system location when Avenue and I-480 Ramp way outside of the Central Business the traffic signal for that vehicle's I-90 and West 41st Street District; and direction is emitting a steady red I-90 and West 44th Street Whereas, this Council has consid- light Woodland Avenue at East 55th ered the requests of certain persons (c) Speeding Offense – Liability Street to engage in peddling outside of the Imposed. The owner of a vehicle shall Harvard Avenue at Lee Road Central Business District and has be liable for the penalty imposed Orange Avenue at East 30th Street determined that it is in the public under this section if the vehicle is Chester Avenue at East 105th Street interest to allow each of said per- operated at a speed in excess of the St. Clair Avenue at East 152nd sons to engage in peddling in Ward limitations set forth in Section 433.03. Street 17; and (d) Liability Does Not Constitute a Kinsman Road at East 93rd Street Whereas, this ordinance consti- Conviction. The imposition of liabili- Lee Road at Miles Road tutes an emergency measure provid- ty under this section shall not be Stokes Boulevard at Cedar Avenue ing for the usual daily operation of deemed a conviction for any purpose West 25th Street at Clark Avenue a municipal department; now, there- and shall not be made part of the oper- I-490 at East 55th Street fore, ating record of any person on whom Pearl Road at Denison Avenue Be it ordained by the Council of the liability is imposed. Broadview Road at Brookpark the City of Cleveland: (e) Other Offenses and Penalties Road Section 1. That, pursuant to Section Not Abrogated. Nothing in this sec- West 65th Street and Clark Avenue 675.08 of the Codified Ordinances, this tion shall be construed as altering or St. Clair Avenue at East 105th Council hereby consents to allow limiting Sections 433.03 or 413.03 of Street Shawn Stephens to engage in mobile Woodland Avenue at East 30th peddling in the public right of way in these Codified Ordinances, the crimi- nal penalties imposed by those sec- Street Ward 17. Lorain Avenue at West 65th Street Section 2. That all of the require- tions, or the ability of a police officer to enforce those sections against any Broadview Road at Spring Road ments of Chapter 675 of the Codified St. Clair Avenue at East 55th Street Ordinances shall apply to the persons offender observed by the officer vio- lating either of those sections. Noth- Puritas Avenue at West 150th named in Section 1 of this ordinance. Street ing in this section shall be construed Section 3. That the privilege grant- Martin Luther King Jr. Drive at to limit the liability of an operator of ed herein may be revoked at any time East 105th Street a vehicle for any violation of division by this Council. East 105th Street and Superior (b) or (c) of this section. Section 4. That this ordinance is Avenue (f) Selection of Camera Sites. The hereby declared to be an emergency East 156th Street and Waterloo selection of the sites where automat- measure and, provided it receives the Road affirmative vote of two-thirds of all ed cameras are placed and the Neff Road and East 185th Street the members elected to Council, it enforcement of this ordinance shall shall take effect and be in force imme- be made on the basis of sound profes- The Director of Public Safety shall diately upon its passage and approval sional traffic engineering and law cause the general public to be notified by the Mayor; otherwise it shall take enforcement judgments. Automated by means of a press release issued at effect and be in force from and after cameras shall not be placed at any least thirty (30) days before any the earliest period allowed by law. site where the speed restrictions or given camera is made fully opera- Passed August 14, 2013. the timing of the traffic signal fail to Effective August 16, 2013. tional and is used to issue tickets to conform to sound professional traffic offenders. Before a given camera engineering principles. issues actual tickets, there shall be a (g) Locations. The following are period of at least two (2) weeks, the locations for the Automated Traf- which may run concurrently with the Ord. No. 1072-13. fic Enforcement Camera System: By Council Members Conwell and J. thirty (30) day public-notice period, Johnson. during which only "warning" notices Locations An emergency ordinance to amend shall be issued. Shaker Boulevard at Shaker Square Section 413.031 of the Codified Ordi- At each site of a red light or fixed Chester Avenue at Euclid Avenue nances of Cleveland, Ohio, 1976, as speed camera, the Director of Public amended by Ordinance No. 650-13 West Boulevard at North Marginal Works shall cause signs to be posted passed May 20, 2013 relating to auto- Road to apprise ordinarily observant mated camera locations. Shaker Boulevard at East 116th motorists that they are approaching Whereas, this ordinance consti- Street an area where an automated camera tutes an emergency measure provid- West Boulevard at I-90 Ramp is monitoring for red light or speed ing for the usual daily operation of Chester Avenue at East 71st Street violators. Mobile speed units shall be a municipal department; now, there- East 55th Street at Carnegie plainly marked vehicles. fore, Avenue (h) Notices of Liability. Any ticket Be it ordained by the Council of Woodland Avenue in the 4500 to for an automated red light or speed- the City of Cleveland: 4700 block ing system violation under this sec- Section 1. That Section 413.031 of Euclid Avenue between Cliffview tion shall: the Codified Ordinances of Cleveland, Road and Torbenson Road (1) Be reviewed by a Cleveland Ohio, 1976, as amended by Ordinance East 131st Street at Harvard police officer; No. 650-13 passed May 20, 2013 is here- Avenue (2) Be forwarded by first-class mail by amended to read as follows: Carnegie Avenue at East 30th or personal service to the vehicle's Street registered owner's address as given Section 413.031 Use of Automated Cedar Avenue at Murray Hill Road on the state's motor vehicle registra- Cameras to Impose Civil Penalties Grayton Road at I-480 Ramp tion, and upon Red Light and Speeding Viola- Euclid Avenue at Mayfield Road (3) Clearly state the manner in tors Warren Road at I-90 Ramp which the violation may be appealed. (a) Civil Enforcement System Prospect Avenue at East 40th Street (i) Penalties. Any violation of divi- Established. The City of Cleveland East 116th Street at Union Avenue sion (b) or division (c) of this section hereby adopts a civil enforcement Pearl Road at Biddulph Road shall be deemed a noncriminal viola- system for red light and speeding Carnegie Avenue at East 100th tion for which a civil penalty shall be offenders photographed by means of Street assessed and for which no points an "automated traffic enforcement Carnegie Avenue at Martin Luther authorized by RC 4507.021 ("Point camera system" as defined in division King Jr. Drive system for license suspension") shall (p). This civil enforcement system Memphis Avenue at Fulton Road be assigned to the owner or driver of imposes monetary liability on the Lakeshore Boulevard at East 159th the vehicle. "owner" of a vehicle as defined in Street (j) Ticket Evaluation, Public Ser- division (p) for failure of an operator St. Clair Avenue at London Road vice, and Appeals. The program shall to stop at a traffic signal displaying a Clifton Boulevard between West include a fair and sound ticket-evalu- steady red light indication or for the 110th Street and West 104th Street ation process that includes review by failure of an operator to comply with Chester Avenue between East 55th the vendor and a police officer, a a speed limitation. Street and East 40th Street strong customer-service commitment, 1395 84 The City Record August 21, 2013 and an appeals process that accords (l) Evidence of Operation. It is means the person or entity identified due process to the ticket respondent prima facie evidence that the person by the Ohio Bureau of Motor Vehicles, and that conforms to the require- registered as the owner of the vehicle or registered with any other State ments of the Ohio Revised Code. with the Ohio Bureau of Motor Vehi- vehicle registration office, as the reg- (k) Appeals. A notice of appeal cles, or with any other state vehicle istered owner of a vehicle, or in the shall be filed with the Hearing Offi- registration office, or in the case of a case of a leased or rented vehicle, the cer within twenty-one (21) days from leased or rented vehicle, the "lessee" "lessee". the date listed on the ticket. The fail- as defined in division (p), was operat- Section 2. That existing Section ure to give notice of appeal or pay the ing the vehicle at the time of the 413.031 of the Codified Ordinances of civil penalty within this time period offenses set out in divisions (b) and Cleveland, Ohio, 1976, as amended by shall constitute a waiver of the right (c) of this section. Ordinance No. 650-13 passed May 20, to contest the ticket and shall be con- (m) Program Oversight. The Direc- 2013 is hereby repealed. sidered an admission. tor of Public Safety shall oversee the Section 3. That this ordinance is Appeals shall be heard by the Park- program authorized by this section. hereby declared to be an emergency ing Violations Bureau through an The Director of Public Works shall measure and, provided it receives the administrative process established by oversee the installation and mainte- affirmative vote of two-thirds of all the Clerk of the Cleveland Municipal nance of all automated cameras. An the members elected to Council, it Court. At hearings, the strict rules of encroachment permit shall be autho- shall take effect and be in force imme- evidence applicable to courts of law rized in the legislation in which loca- diately upon its passage and approval shall not apply. The contents of the tions are selected. by the Mayor; otherwise it shall take ticket shall constitute a prima facie (n) Rules and Regulations. The effect and be in force from and after evidence of the facts it contains. Lia- Director of Public Safety may issue the earliest period allowed by law. bility may be found by the hearing rules and regulations to carry out the Passed August 14, 2013. examiner based upon a preponder- provisions of these sections, which Effective August 16, 2013. ance of the evidence. If a finding of shall be effective thirty (30) days liability is appealed, the record of the after publication in the City Record. case shall include the order of the (o) Establishment of Penalty. The Parking Violations Bureau, the tick- penalty imposed for a violation of Ord. No. 1085-13. et, other evidence submitted by the division (b) or (c) of this section shall By Council Members Brancatelli respondent or the City of Cleveland, be follows: and Kelley (by departmental and a transcript or record of the hear- request). ing, in a written or electronic form 413.031(b) An emergency ordinance to amend acceptable to the court to which the All violations $100.00 Section 1 of Ordinance No. 667-13, case is appealed. passed May 20, 2013, relating to the Liability shall not be found where 413.031(c) 2013 Home Weatherization Assis- the evidence shows that the automat- Up to 24 mph over the tance Program. ed camera captured an event that is speed limit: $100.00 Whereas, this ordinance consti- not an offense, including each of the 25 mph or more over the tutes an emergency measure provid- following events and such others as speed limit: $200.00 ing for the usual daily operation of may be established by rules and regu- Any violation of a school a municipal department; now, there- lations issued by the Director of Pub- or construction zone fore, lic Safety under the authority of divi- speed limit: $200.00 Be it ordained by the Council of sion (n) of this section: the City of Cleveland: (1) The motorist stops in time to Late penalties: for both offenses, if Section 1. That Section 1 of Ordi- avoid violating a red light indication; the penalty is not paid within twenty nance No. 667-13, passed May 20, 2013, (2) The motorist pr oceeds through (20) days from the date of mailing of is amended to read as follows: a red light indication as part of funer- the ticket to the offender, an addition- Section 1. That the Director of al procession; al twenty dollars ($20.00) shall be Community Development is autho- (3) The motorist is operating a imposed, and if not paid within forty rized to expend the approximate City-owned emergency vehicle with (40) days from that date, another amount of $2,900,000 and any other its emergency lights activated and forty dollars ($40.00) shall be funds that become available during proceeds through a red lightindica- imposed, for a total additional penal- the grant term, from the State of tion or exceeds the posted speed limi- ty in such a case of sixty dollars Ohio, ODSA, to conduct the 2013 tation; Home Weatherization Assistance (4) The motorist is directed by a ($60.00). police officer on the scene contrary to (p) Definitions. As used in this sec- Program and that up to 7% of the the traffic signal indication. tion: grant amount may be spent for Liability shall also be excused if a (1) "Automated traffic enforcement administrative costs of the program. vehicle is observed committing an camera system" means an electronic Section 2. That existing Section 1 of offense where the vehicle was stolen system consisting of a photographic, Ordinance No. 667-13, passed May 20, prior to the offense and the owner has video, or electronic camera and a 2013, is repealed. filed a police report. vehicle sensor installed to work alone Section 3. That this ordinance is The Director of Public Safety, in or in conjunction with an official traf- declared to be an emergency measure coordination with the Parking Viola- fic controller and to automatically and, provided it receives the affirma- tions Bureau, shall establish a produce photographs, video, or digital tive vote of two-thirds of all the mem- process by which a vehicle owner who images of each vehicle violating divi- bers elected to Council, it shall take was not the driver at the time of the sions (b) or (c). effect and be in force immediately alleged offense may, by affidavit, (2) "Lessee" includes renter and upon its passage and approval by the name the person who the owner means: Mayor; otherwise it shall take effect believes was driving the vehicle at A. the person identified as a vehicle and be in force from and after the ear- the time. Upon receipt of such an affi- lessee or renter by a motor vehicle liest period allowed by law. davit timely submitted to the Parking leasing dealer or motor vehicle rent- Passed August 14, 2013. Violations Bureau, the Bureau shall ing dealer pursuant to RC 4511.092 Effective August 16, 2013. suspend further action against the and further identified by the dealer as owner of the vehicle and instead the person having care, custody or direct notices and collection efforts to control of the vehicle at the time of a the person identified in the affidavit. violation of divisions (b) or (c); or Ord. No. 1086-13. If the person named in the affidavit, B. the person identified as the By Council Members Cimperman, when notified, denies being the driver lessee or as an additional owner of a Brancatelli and Kelley (by depart- or denies liability, then the Parking vehicle in the records of the Ohio mental request). Violations Bureau shall resume the Bureau of Motor Vehicles or the An emergency ordinance authoriz- notice and collection process against records of any other state motor vehi- ing the Director of Economic Devel- the vehicle owner, the same as if no cle bureau. opment to apply for and accept sev- affidavit had been submitted, and if (3) "System location" means the eral grants from JobsOhio, the Clean the violation is found to have been approach to an intersection or a street Ohio Council and/or the State of committed by a preponderance of evi- toward which a photographic, video Ohio in connection with Phase II of dence, the owner shall be liable for or electronic camera is directed and is the Flats East Bank development; any penalties imposed for the offense. in operation. It is the location where and authorizing the Director to A decision in favor of the City of the automated camera system is enter into one or more contracts Cleveland may be enforced by means installed to monitor offenses under with Flats East Development, LLC, of a civil action or any other means this section. or its designee, to implement the provided by the Ohio Revised Code. (4) "Vehicle owner" or "owner" grant project. 1396 August 21, 2013 The City Record 85

Whereas, this ordinance consti- designee, to implement the grant pro- Ohio Development Services Agency, tutes an emergency measure provid- jects. or their successors or designees, for ing for the usual daily operation of Section 4. That the contract or con- environmental assessment, remedia- a municipal department; now, there- tracts authorized by this ordinance tion, and/or redevelopment assis- fore, shall be prepared by the Director of tance in connection with the proposed Be it ordained by the Council of Law. redevelopment of the former Fair- the City of Cleveland: Section 5. That the cost of the con- mont Creamery site at 1720 Willey Section 1. That the Director of Eco- tract or contracts authorized will be Avenue, to be used to implement the nomic Development is authorized to paid from the funds or subfunds that project as described in the executive apply for and accept a Clean Ohio are credited the proceeds of the summary below; that the Director is grant in an amount up to $3,000,000, grants accepted under this ordinance. authorized to file all papers and exe- from JobsOhio, the Clean Ohio Coun- Section 6. That this ordinance is cute all documents necessary to cil, and/or the State of Ohio Develop- declared to be an emergency measure receive the funds under the grant; and and, provided it receives the affirma- ment Services Agency, or their suc- that the funds are appropriated for tive vote of two-thirds of all the mem- cessors or designees, a Roadwork the purposes described in the execu- bers elected to Council, it shall take Development grant in an amount up tive summary for the grant contained effect and be in force immediately to $2,500,000 from JobsOhio and/or the in the file described below and in any upon its passage and approval by the subsequent grant amendments, which State of Ohio Development Services Mayor; otherwise it shall take effect Agency, or their successors or amendments will be filed with Coun- and be in force from and after the ear- cil. designees, and a Jobs and Commerce liest period allowed by law. Program Grant in an amount up to Section 2. That the executive sum- Passed August 14, 2013. mary for the grant, File No. 1087-13-A, $2,500,000 from JobsOhio and/or the Effective August 16, 2013. State of Ohio Department of Trans- made a part of this ordinance as if portation or their successors or fully rewritten, as presented to the Finance Committee of this Council at designees, for environmental assess- the public hearing on this legislation, ment, remediation, infrastructure, Ord. No. 1087-13. is approved in all respects and shall and/or redevelopment assistance in By Council Members Cimperman, not be changed without additional connection with Phase II of the Flats Brancatelli, Kelley (by departmental legislative authority. East Bank development, to be used to request). Section 3. That the Director of Eco- implement the project as described in An emergency ordinance authoriz- nomic Development is authorized to the executive summary below; that ing the Director of Economic Devel- enter into one or more contracts with opment to apply for and accept a the Director is authorized to file all Sustainable Community Associates, Clean Ohio grant from JobsOhio papers and execute all documents or its designee, to implement the necessary to receive the funds under and/or the State of Ohio Develop- ment Services Agency, or its suc- grant project. the grants; and that the funds are Section 4. That the contract or con- appropriated for the purposes cessor or designee, in connection with the proposed redevelopment of tracts authorized by this ordinance described in the executive summary shall be prepared by the Director of for the grants contained in the file the former Fairmont Creamery site at 1720 Willey Avenue; and autho- Law. described below and in any subse- Section 5. That the cost of the con- quent grant amendments, which rizing the Director to enter into one or more contracts with Sustainable tract or contracts authorized will be amendments will be filed with Coun- Community Associates, or its paid from the fund or subfunds that cil. designee, to implement the grant are credited the proceeds of the grant Section 2. That the executive sum- project. accepted under this ordinance. mary for the grants, File No. 1086-13- Whereas, this ordinance consti- Section 6. That this ordinance is A, made a part of this ordinance as if tutes an emergency measure provid- declared to be an emergency measure fully rewritten, as presented to the ing for the usual daily operation of and, provided it receives the affirma- Finance Committee of this Council at a municipal department; now, there- tive vote of two-thirds of all the mem- the public hearing on this legislation, fore, bers elected to Council, it shall take is approved in all respects and shall Be it ordained by the Council of effect and be in force immediately not be changed without additional the City of Cleveland: upon its passage and approval by the legislative authority. Section 1. That the Director of Eco- Mayor; otherwise it shall take effect Section 3. That the Director of Eco- nomic Development is authorized to and be in force from and after the ear- nomic Development is authorized to apply for and accept a Clean Ohio liest period allowed by law. enter into one or more contracts with grant in an amount up to $1,000,000, Passed August 14, 2013. Flats East Development, LLC, or its from JobsOhio and/or the State of Effective August 16, 2013.

Ord. No. 1088-13. By Council Member Kelley (by departmental request). An emergency ordinance to amend Section 30 and 36 of Ordinance No. 1689-11, passed November 28, 2011, as enacted and amended by various ordinances, 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 30 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordinance No. 753- 12, passed June 4, 2012, and Section 36 of Ordinance No. 1689-11, passed November 28, 2011, are amended to read as follows: Section 30. That the salaries and the compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administrative Officer ...... $20,800.00 $52,979.99 2. Cable Protection Specialist ...... 20,800.00 37,416.11 3. Case Worker Supervisor...... 20,800.00 45,229.92 4. Chief Caseworker Supervisor ...... 22,426.64 45,943.18 5. Chief Clerk ...... 22,050.00 47,550.25 6. Chief Photographer ...... 20,800.00 51,187.90 7. Chief Telephone Operator...... 20,800.00 50,040.00 8. Epidemiologist...... 40,000.00 82,781.08 9. Personnel Analyst I...... 21,000.00 47,258.25 10. Public Health Emergency Preparedness Specialist...... 30,160.00 53,352.00 11. Safety Programs Officer I...... 25,000.00 66,226.65 12. Safety Programs Officer II...... 25,000.00 46,357.77 1397 86 The City Record August 21, 2013

13. Secretary to Board of Examiner of Board of Review (Electrical) ...... 20,800.00 39,782.36 14. Secretary - Boxing and Wrestling Commission ...... 30,573.46 36,325.25 15. Superintendent of Maintenance ...... 23,606.98 57,223.92 16. Supervisor of Income Tax Files ...... 20,800.00 39,782.36

Section 36. That the salaries and compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant Supervisor ...... $23,647.11 $72,539.05 2. Assistant Chief of Water Distribution ...... 23,647.11 86,668.37 3. Assistant Commissioner of Assessments and Licenses 23,647.11 84,588.76 4. Assistant Commissioner, Division of Printing and Reproduction ...... 23,647.11 84,588.76 5. Building Manager ...... 23,647.11 78,080.22 6. Business Process Analyst ...... 55,000.00 97,850.00 7. Chief Architect...... 23,647.11 101,803.14 8. Chief Auditor – Utilities ...... 23,647.11 84,588.76 9. Chief City Planner ...... 30,000.00 82,781.08 10. Chief, Computer Operations ...... 23,647.11 84,588.76 11. Chief Engineer – Civil ...... 23,647.11 84,588.76 12. Chief Engineer – Mechanical...... 23,647.11 84,588.76 13. Chief Legal Investigator - Civil Branch ...... 23,647.11 67,017.93 14. Chief of Street Lighting and Electrical Services ...... 23,647.11 97,572.42 15. Chief of Laboratories ...... 23,647.11 80,353.75 16. Chief of Purification ...... 23,647.11 86,668.37 17. Convention Manager ...... 23,647.11 78,080.22 18. Development Finance Analyst I ...... 34,000.00 60,216.00 19. Development Finance Analyst II ...... 51,043.20 85,000.00 20. Financial Systems Coordinator...... 23,647.11 67,017.93 21. Fiscal Grants Administrator...... 40,000.00 86,093.31 22. Fiscal Manager ...... 23,647.11 84,588.76 23. Health Promotion Coordinator...... 22,333.40 77,262.20 24. Investment Manager ...... 23,647.11 84,588.76 25. Manager of Enterprise Unit ...... 23,647.11 78,080.22 26. Manager of Events...... 23,647.11 78,080.22 27. Manager of General Maintenance ...... 23,647.11 78,080.22 28. Manager of Markets ...... 23,647.11 78,080.22 29. Manager of Parking ...... 23,647.11 78,080.22 30. Manager of Recreation ...... 40,000.00 78,080.22 31. Master Plan Examiner...... 23,647.11 101,803.14 32. Purchasing Supervisor - Division of Purchases and Supplies...... 23,647.11 67,017.93 33. Secretary to the Board of Building Standards and Building Appeals...... 23,647.11 82,781.08 34. Secretary to the Board of Zoning Appeals ...... 23,647.11 82,781.08 35. Security Manager ...... 23,647.11 90,684.96 36. Senior Internal Auditor ...... 23,647.11 67,017.93 37. Senior Programmer Analyst ...... 23,647.11 69,365.01 38. Supervisor - Information Control ...... 23,647.11 67,017.93 39. Theatrical Manager...... 23,647.11 67,017.93 40. Water Plant Manager ...... 23,647.11 97,572.42

Section 2. That existing Section 30 of Ordinance No. 1689-11, passed November 28, 2011, as amended by Ordi- nance No. 753-12, passed June 4, 2012, and existing Section 36 of Ordinance No. 1689-11, passed November 28, 2011, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed August 14, 2013. Effective August 16, 2013.

Ord. No. 1089-13. tion, for the Divisions of Fire and Section 1. That the Director of Pub- By Council Members Conwell and Emergency Medical Service, Depart- lic Safety is authorized to make one Kelley (by departmental request). ment of Public Safety, for a period or more written requirement con- An emergency ordinance authoriz- of one year, with a one year option tracts under the Charter and the Codi- ing the purchase by one or more to renew, exercisable by the Direc- fied Ordinances of Cleveland, Ohio, 1976, for the requirements period of requirement contracts of the neces- tor of Public Safety. one year, with a one year option to sary items of labor and materials Whereas, this ordinance consti- tutes an emergency measure provid- renew, exercisable by the Director of necessary to install exhaust system ing for the usual daily operation of Public Safety, of the necessary items upgrades at various fire stations a municipal department; now, there- of labor and materials necessary to and to install appurtenances on cer- fore, install exhaust system upgrades at tain vehicles to divert exhaust from Be it ordained by the Council of various fire stations and to install the fire stations, including installa- the City of Cleveland: appurtenances on certain vehicles to 1398 August 21, 2013 The City Record 87 divert exhaust from the fire stations, activities, through statewide and -Summer Employment including installation, for the Divi- local workforce investment systems, -Paid Work Experience sions of Fire and Emergency Medical that increase the employment, reten- -Occupational Skills Training Service, in the estimated sum of tion, and earnings of participants, -Leadership Development $114,000, to be purchased by the Com- and increase occupational skill -Supportive Services missioner of Purchases and Supplies attainment by participants, and, as -Mentoring on a unit basis for the Divisions of a result, improve the quality of the -Follow-up Services Fire and Emergency Medical Service, workforce, reduce welfare depen- -Comprehensive Guidance and Department of Public Safety. Bids dency, and enhance the productivity Counseling shall be taken in a manner that per- and competitiveness of the nation”; • PRE-VOCATIONAL ACTIVITIES mits an award to be made for all items and • JOB READINESS TRAINING as a single contract, or by separate Whereas, under WIA, the Gover- • JOB DEVELOPMENT/JOB contract for each or any combination nor of the State of Ohio has desig- PLACEMENT of the items as the Board of Control nated Ohio Workforce Areas for the • ON THE JOB TRAINING determines. Alternate bids for a peri- WIA throughout Ohio and the gov- • JOB FAIRS, FURNITURE AND od less than the specified term may be ernor has designated the geograph- EQUIPMENT, WIB MEETINGS, taken if desired by the Commissioner ic boundaries of the City of Cleve- YOUTH COUNCIL, PROVIDER of Purchases and Supplies until provi- land (“City”) and Cuyahoga County MEETINGS sion is made for the requirements for as Ohio Workforce Area (“OWA”) • YOUTH COUNCIL AND WIB the entire term. No. 3; and INITIATIVES AND SPECIAL Section 2. That the costs of the con- Whereas, in order to achieve PROJECTS tract or contracts shall be paid from greater cooperation, better address Fund Nos. 20 SF 509, 20 SF 517, 20 SF the needs of the citizens of the City Adult Activities 524, 20 SF 532, 20 SF 539, 20 SF 545, and and the County, maximize the use 20 SF 553 and shall also be charged of available funds, and comply with • OCCUPATIONAL SKILLS against the proper appropriation the request of the Ohio Governor’s TRAINING accounts and the Director of Finance Workforce Policy Board of the State • ON-THE-JOB TRAINING shall certify the amount of any pur- of Ohio and generally administer • CUSTOMIZED TRAINING chase under the contract, each of funds and programs under the • INCUMBENT WORKER which purchases shall be made on Workforce Investment Act (WIA), TRAINING order of the Commissioner of Pur- the American Reinvestment Recov- • SPECIALIZED POPULATION chases and Supplies by a delivery ery Act (ARRA), and other Work- • SUPPORTIVE SERVICES order issued against the contract or force Development programs, the • JOB READINESS TRAINING contracts and certified by the Direc- City and the County have combined • FOLLOW-UP SERVICES tor of Finance. (RQN 6001, RL 2013-32) their boards, service areas, and pro- • JOB DEVELOPMENT AND Section 3. That under Section 108(b) grams and created a consolidated EMPLOYER SERVICES of the Charter, the purchases autho- Workforce Investment Area for • JOB READINESS TRAINING rized by this ordinance may be made OWA No. 3 in accordance with an • JOB PLACEMENT/CAREER through cooperative arrangements Intergovernmental Agreement COACHING with other governmental agencies. entered into by the Mayor and the • JOB DEVELOPMENT AND The Director of Public Safety may Cuyahoga County Board of Commis- EMPLOYER SERVICES sign all documents that are necessary sioners on June 4, 2007 (“IGA”); and • JOB FAIRS, FURNITURE AND to make the purchases, and may enter Whereas, in accordance with the EQUIPMENT, WIB MEETINGS, into one or more contracts with the agreement required by the WIA and PROVIDER MEETINGS vendors selected through that cooper- approved by the Governor, for the • CORE SERVICES ative process. WIA Program Year (“PY”) 2013 for • INTENSIVE SERVICES Section 4. That this ordinance is the period of July 1, 2013 through • ENTREPRENUERIAL declared to be an emergency measure June 30, 2015, between the Chairman ACTIVITIES and, provided it receives the affirma- of the Workforce Investment Board • EMPLOYEE AND EMPLOYER tive vote of two-thirds of all the mem- of Cleveland (“WIBC”), Cuyahoga RECOGNITION EVENTS bers elected to Council, it shall take County, and the City, the City has • PRE-VOCATIONAL ACTIVITIES effect and be in force immediately been designated as the WIA grant • WIB INITIATIVES AND SPECIAL upon its passage and approval by the recipient, administrative entity; and PROJECTS Mayor; otherwise it shall take effect Whereas, this ordinance consti- and be in force from and after the ear- tutes an emergency measure provid- Dislocated Worker Activities liest period allowed by law. ing for the usual daily operation of Passed August 14, 2013. a municipal department; now there- • OCCUPATIONAL SKILLS Effective August 16, 2013. fore TRAINING Be it ordained by the Council of • ON-THE-JOB TRAINING the City of Cleveland: • CUSTOMIZED TRAINING Section 1. That the Director of the • INCUMBENT WORKER Ord. No. 1090-13. Office of Equal Opportunity, or the TRAINING By Council Members Zone and Kel- Executive Director of Workforce • SPECIALIZED POPULATION ley (by departmental request). Development (the “Director”), is • SUPPORTIVE SERVICES An emergency ordinance authoriz- authorized to apply for, accept and • JOB READINESS TRAINING ing the Director of the Office of expend grants and resources in the • PRE-VOCATIONAL ACTIVITIES Equal Opportunity, or the Executive approximate amount of $3,000,000, • FOLLOW-UP SERVICES Director of Workforce Development, from the Ohio Department of Job and • JOB READINESS TRAINING to apply for, accept and expend Family Services, Department of • PRE PLACEMENT/CAREER funds and resources from the Ohio Labor, Cuyahoga County or other fis- COACHING Department of Job and Family Ser- cal agents, for the Workforce Devel- • JOB FAIRS, FURNITURE AND vices, Department of Labor, Cuya- opment program services to eligible EQUIPMENT, WIB MEETINGS, hoga County, or other fiscal agents, individuals and businesses. The PROVIDER MEETINGS for the 2013 Workforce Investment Director is authorized to file all • JOB DEVELOPMENT AND Act and Workforce Development papers and execute all documents EMPLOYER SERVICES Program grants; to enter into con- necessary to receive the funds under • RAPID RESPONSE tracts and memoranda of under- the grants. • CORE SERVICES standing with various entities nec- Section 2. That the Director is • INTENSIVE SERVICES essary to administer and implement authorized to enter into one or more • ENTREPRENUERIAL the Workforce Development pro- contracts with various agencies, enti- ACTIVITIES grams; to enter into one or more ties or organizations to administer • EMPLOYEE AND EMPLOYER agreements with Cuyahoga County, and implement the following compo- RECOGNITION EVENTS or other fiscal agents, to accept nents of the grant: • WIB INITIATIVES AND SPECIAL monies for implementation of the PROJECTS program; and to sublease areas at Youth Activities Employment Connection, located at Section 3. That the Director is 1020 Bolivar Road. • 10 YOUTH PROGRAM ELEMENTS authorized to enter into one or more Whereas, the Workforce Invest- -Tutoring, Study Skills and Instruc- memoranda of understanding ment Act of 1998, Public Law 105-220 tion (“MOU”) with various entities, agen- (“WIA”), the purpose of which is to -Alternative Secondary School Ser- cies, or individuals participating in “. . . provide workforce investment vices the Employment Connection services, 1399 88 The City Record August 21, 2013 activities and/or programs relating Section 12. That the Director is contract or contracts one or more con- to cost-sharing contributions, for the authorized to enter into one or more sultants or one or more firms of con- purposes of implementing the Work- contracts with various entities, agen- sultants for the purpose of supple- force Development programs as cies, or individuals to provide busi- menting the regularly employed staff described in this ordinance. The ness services and/or rental space at of the several departments of the City Director is further authorized to enter 1020 Bolivar Road, Cleveland, OH of Cleveland in order to provide pro- into various agreements necessary to 44115, and to receive payment for the fessional services necessary to pro- carry out the purposes of the MOUs. services. The Director is authorized vide pavement management services, The Director is authorized to accept to accept monies for the services, and on an as-needed basis, for a period of monies under the cost-sharing MOUs, to deposit the payments collected in a one year, with three one-year options and to deposit the cost sharing contri- revolving fund to be used for addi- to renew, the second of which butions in a revolving fund to be used tional services or contracts under this requires additional legislative for additional services or contracts program, and that the funds are authority. The first of the one-year under this program, and the funds are appropriated for that purpose. options to renew may be exercised by appropriated for that purpose. Section 13. That the cost of the con- the Director of Port Control, without Section 4. That the Director is tract or contracts authorized in this the necessity of obtaining additional authorized to enter into one or more ordinance shall be paid from the fund authority of this Council. The second agreements with Cuyahoga County to or funds to which are credited the of the one-year options to renew may accept monies from the County to grant proceeds and the revolving not be exercised without additional implement the Workforce Investment fund identified in this ordinance, legislative authority. If such addi- Act and Workforce Development pro- which are accepted under this ordi- tional legislative authority is granted grams as described in this ordinance, nance. and the second of the one-year options and to deposit the funds in a revolv- Section 14. That the following to renew is exercised, then the third ing fund to be used for additional ser- amounts are appropriated as follows of the one-year options to renew may vices or contracts under this program, to provide for administration of the be exercisable at the option of the and the funds are appropriated for Workforce Development programs Director of Port Control, without the that purpose. and activities: necessity of obtaining additional Section 5. That the Director is I. Salaries and payroll related authority of this Council. authorized to enter into one or more expenses in an amount not to exceed The selection of the consultants for contracts with various entities, agen- $1,000,000. the services shall be made by the cies, or individuals in order for the II. Operational and building related Board of Control on the nomination of City of Cleveland to provide services costs (Rent, Utilities, Security, Jani- the Director of Port Control from a under the Workforce Investment Act, torial) at 1020 Bolivar Road, Cleve- list of qualified consultants available the American Reinvestment Recov- land, OH. 44115, in an amount not to for employment as may be determined ery Act, and Workforce Development exceed $1,200,000. programs authorized under this ordi- after a full and complete canvass by III. Other Workforce Development nance, and to receive payment for the the Director of Port Control for the grants, MOU Agreements, programs services. The Director is authorized purpose of compiling a list. The com- and activities in an amount not to to accept monies under the first and pensation to be paid for the services third party billings, and to deposit the exceed $300,000 shall be fixed by the Board of Control. payments collected and other pro- IV. Miscellaneous costs (Indirect The contract or contracts authorized gram income in a revolving fund to be costs, chargebacks, supplies) in an shall be prepared by the Director of used for additional services or con- amount not to exceed $500,000. Law, approved by the Director of Port tracts under this program, and that Section 15. That the Mayor or the Control, and certified by the Director the funds are appropriated for that Director of the Office of Equal Oppor- of Finance. purpose. tunity or the Executive Director of Section 2. That the cost of the con- Section 6. That notwithstanding Workforce Development are autho- tract or contracts authorized shall be and as an exception to the provisions rized to enter into such other agree- paid from Fund No. 60 SF 001, 60 SF of Chapters 181 and 183 of the Codi- ments as may be necessary to imple- 104, 60 SF 106, 60 SF 114, 60 SF 126, 60 fied Ordinances of Cleveland, Ohio, ment the single consolidated Work- SF 141, and from the fund or funds to 1976, the Director is authorized to sub- force Development program. which are credited any grants lease various areas at the Employ- Section 16. That the contracts and received for this purpose and any pas- ment Connection, located at 1020 Boli- agreements authorized by this ordi- senger facility charges that include var Road, to various entities, agen- nance shall be prepared by the Direc- this purpose, Request No. RQS 3001, cies, or individuals, to provide Work- tor of Law. RL 2013-112. force Development and Economic Section 17. That this ordinance is Section 3. That this ordinance is Development services authorized declared to be an emergency measure declared to be an emergency measure under this ordinance. and, provided it receives the affirma- and, provided it receives the affirma- Section 7. That the term of the sub- tive vote of two-thirds of all the mem- tive vote of two-thirds of all the mem- leases authorized by this ordinance bers elected to Council, it shall take bers elected to Council, it shall take shall not exceed two years, subject to effect and be in force immediately effect and be in force immediately annual appropriation and to the pro- upon its passage and approval by the upon its passage and approval by the visions of the City’s lease agreement. Mayor; otherwise it shall take effect Mayor; otherwise it shall take effect Section 8. That the subleases may and be in force from and after the ear- and be in force from and after the ear- authorize the various entities, agen- liest period allowed by law. liest period allowed by law. cies, or individuals to make improve- Passed August 14, 2013. Passed August 14, 2013. ments to the subleased premises sub- Effective August 16, 2013. Effective August 16, 2013. ject to the approval of appropriate City agencies and officials, and to authorize the sublessees to contribute a share of operating costs Ord. No. 1106-13. Ord. No. 1117-13. Section 9. That the subleases shall By Council Members Keane and By Council Members Sweeney and be prepared by the Director of Law. Kelley (by departmental request). Pruitt. Section 10. That the Director of the An emergency ordinance authoriz- An emergency ordinance amend- Office of Equal Opportunity, the ing the Director of Port Control to ing Section 2 of Ordinance No. 1397- Director of Law, and other appropri- employ one or more professional 12 passed October 1, 2012 as amend- ate City officials are authorized to consultants to provide pavement ed by Ordinance No. 268-13, passed execute any other documents and cer- management services, on an as-need- February 25, 2013 as it pertains to tificates, and take any other actions ed basis, for a period of one year, the Basketball Education and Recre- which may be necessary or appropri- with three one-year options to ation Program through the use of ate to effect the subleases authorized renew, the second of which requires Wards 18 and 1 Neighborhood Equi- by this ordinance. additional legislative authority. ty Funds. Section 11. That the Director is Whereas, this ordinance consti- Whereas, this ordinance consti- authorized to accept monies under the tutes an emergency measure provid- tutes an emergency measure provid- subleases authorized above, and to ing for the usual daily operation of ing for the usual daily operation of deposit the rent collected, and other a municipal department; now, there- a municipal department; now, there- program income, in a revolving fund fore, fore, to be used for additional contracts Be it ordained by the Council of Be it ordained by the Council of and services under this program, and the City of Cleveland: the City of Cleveland: that the funds are appropriated for Section 1. That the Director of Port Section 1. That Section 2 of Ordi- that purpose. Control is authorized to employ by nance No. 1397-12 passed October 1, 1400 August 21, 2013 The City Record 89

2012 as amended by Ordinance No. 268- way outside of the Central Business the members elected to Council, it 13, passed February 25, 2013 is hereby District; and shall take effect and be in force imme- amended to read as follow: Whereas, this Council has consid- diately upon its passage and approval Section 2. That the cost of said ered the requests of certain persons by the Mayor; otherwise it shall take contract shall be in an amount not to engage in peddling outside of the effect and be in force from and after to exceed $7,000 and shall be paid Central Business District and has the earliest period allowed by law. from Fund No. 10 SF 166. determined that it is in the public Passed August 14, 2013. Section 2. That Section 2 of Ordi- interest to allow each of said per- Effective August 16, 2013. nance No. 1397-12 passed October 1, sons to engage in peddling in Ward 2012 as amended by Ordinance No. 268- 9; and 13, passed February 25, 2013 is hereby Whereas, this ordinance consti- repealed. tutes an emergency measure provid- Ord. No. 1172-13. Section 3. That this ordinance is ing for the usual daily operation of By Council Members Westbrook hereby declared to be an emergency a municipal department; now, there- and Brancatelli. measure and, provided it receives the fore, An emergency ordinance authoriz- affirmative vote of two-thirds of all Be it ordained by the Council of ing the Clerk of Council to enter the members elected to Council, it the City of Cleveland: into an agreement with Western shall take effect and be in force imme- Section 1. That, pursuant to Section Reserve Land Conservancy d/b/a diately upon its passage and approval 675.08 of the Codified Ordinances, this Thriving Communities Institute to by the Mayor; otherwise it shall take Council hereby consents to allow provide professional consulting ser- effect and be in force from and after Anthony Madalore to engage in vices to staff and administer the the earliest period allowed by law. mobile peddling in the public right of Vacant Abandoned Property Action Passed August 14, 2013. way in Ward 9 Council whose member organiza- Effective August 16, 2013. Section 2. That all of the require- tions, including Cleveland City ments of Chapter 675 of the Codified Council, strategize solutions to the Ordinances shall apply to the persons varied problems associated with named in Section 1 of this ordinance. vacant and abandoned property. Ord. No. 1118-13. Section 3. That the privilege grant- Whereas, this ordinance consti- By Council Members K. Johnson ed herein may be revoked at any time tutes an emergency measure provid- and Mitchell. by this Council. ing for the usual daily operation of An emergency ordinance amend- Section 4. That this ordinance is a municipal department; now, there- ing Section 1 of Ordinance No. 378- hereby declared to be an emergency fore, 13 passed March 18, 2013 as it per- measure and, provided it receives the Be it ordained by the Council of tains to the Senior Landscaping and affirmative vote of two-thirds of all the City of Cleveland: Snow Removal Program through the the members elected to Council, it Section 1. That the Clerk of Council shall take effect and be in force imme- use of Wards 4 and 6 Neighborhood is authorized to enter into an agree- diately upon its passage and approval Capital Funds. ment with Western Reserve Land by the Mayor; otherwise it shall take Whereas, this ordinance consti- Conservancy d/b/a/ Thriving Com- effect and be in force from and after tutes an emergency measure provid- munities Institute to provide profes- the earliest period allowed by law. ing for the usual daily operation of sional consulting services to staff and Passed August 14, 2013. a municipal department; now, there- administer the Vacant Abandoned Effective August 16, 2013. fore, Property Action Council whose mem- Be it ordained by the Council of ber organizations, including Cleve- the City of Cleveland: land City Council, strategize solu- Section 1. That Section 1 of Ordi- tions to the varied problems associat- Ord. No. 1171-13. nance No. 378-13 passed March 18, 2013 ed with vacant and abandoned prop- By Council Member Zone. is hereby amended to read as follows: erty. This agreement shall be entered An emergency ordinance authoriz- Section 1. That the Director of the into as of July 1, 2013 and shall be for ing Anthony Madalore to engage in a term concluding July 1, 2014. Department of Community Develop- mobile peddling in Ward 15. ment be authorized to enter into an Section 2. The agreement shall be Whereas, pursuant to Section certified for $25,000 from Fund 01, agreement with the Buckeye Area 675.08 of the Codified Ordinances of Development Corporation effective Dept. 0101, Subfund 001, Object Code Cleveland, Ohio, 1976, the consent of 6320. April 1, 2013 for the Senior Land- Council, expressed by ordinance is a scaping and Snow Removal Program Section 3. That this ordinance is prerequisite to temporary sidewalk hereby declared to be an emergency for the public purpose of providing peddling upon the public rights of measure and, provided it receives the landscaping and snow removal ser- way outside of the Central Business affirmative vote of two-thirds of all vices to senior citizens and disabled District; and the members elected to Council, it residents that reside in the city of Whereas, this Council has consid- shall take effect and be in force imme- Cleveland through the use of Wards ered the requests of certain persons diately upon its passage and approval 4 and 6 Neighborhood Capital Funds. to engage in peddling outside of the by the Mayor; otherwise it shall take Section 2. That Section 1 of Ordi- Central Business District and has effect and be in force from and after nance No. 378-13 passed March 18, 2013 determined that it is in the public the earliest period allowed by law. is hereby repealed. interest to allow each of said per- Passed August 14, 2013. Section 3. That this ordinance is sons to engage in peddling in Ward Effective August 16, 2013. hereby declared to be an emergency 15; and measure and, provided it receives the Whereas, this ordinance consti- affirmative vote of two-thirds of all tutes an emergency measure provid- COUNCIL COMMITTEE the members elected to Council, it ing for the usual daily operation of MEETINGS shall take effect and be in force imme- a municipal department; now, there- diately upon its passage and approval fore, by the Mayor; otherwise it shall take Be it ordained by the Council of Wednesday, August 14, 2013 effect and be in force from and after the City of Cleveland: 9:00 a.m. the earliest period allowed by law. Section 1. That, pursuant to Section Passed August 14, 2013. 675.08 of the Codified Ordinances, this City Planning (Zoning) Commit- Effective August 16, 2013. Council hereby consents to allow tee: Present: Cleveland, Chair; West- Anthony Madalore to engage in brook, Vice Chair; Brady, Conwell, mobile peddling in the public right of Keane, Zone. Authorized Absence: way in Ward 15 Dow. Pro tempore: Mitchell, Pruitt, Ord. No. 1170-13. Section 2. That all of the require- Miller. By Council Member Conwell. ments of Chapter 675 of the Codified An emergency ordinance authoriz- Ordinances shall apply to the persons 9:00 a.m. ing Anthony Madalore to engage in named in Section 1 of this ordinance. mobile peddling in Ward 9. Section 3. That the privilege grant- Committee of the Whole Whereas, pursuant to Section ed herein may be revoked at any time Present: Sweeney, Chair; Kelley, 675.08 of the Codified Ordinances of by this Council. Brady, Brancatelli, Cimperman, Cleveland, Ohio, 1976, the consent of Section 4. That this ordinance is Cleveland, Conwell, Cummins, Dow, Council, expressed by ordinance is a hereby declared to be an emergency J. Johnson, K. Johnson, Keane, prerequisite to temporary sidewalk measure and, provided it receives the Mitchell, Miller, Polensek, Pruitt, peddling upon the public rights of affirmative vote of two-thirds of all Reed, Westbrook, Zone. 1401 90 The City Record August 21, 2013 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

Basketball Education and Recreation Program — Amend Ord. 1397-12 and 268-13 (Ward(s) 18, 01 NEF) (O 1117-13) ...... 1351-1400 Community Development — Lease and Option to Purchase Agreement with Fast Track Cycling, Inc. — St. Michael’s Hospital (O 857-13)...... 1362-1390 Consent Agreement and cause payment for Resurfacing West 130th St., (From Brookpark Rd. to Lorain Ave.) (Ward 18) (O 1099-13) ...... 1322 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Job Creation Incentive Program — Economic Development (O 1104-13) ...... 1326 Mt. Pleasant Community Zone Neighborhood Safety and Security Program — Security Cameras — Safety Department (Ward 02) (O 1069-13) ...... 1345-1394 New Day In Hough Expo — Providing information on various city services and social support programs — Community Development Department — Hough Development Corp. & Bellaire Puritas Development Corp. (Ward 07 NCF) (O 1070-13) ...... 1345-1394 Purchase Parking Properties by CHIA (O 1114-13) ...... 1338 Senior Landscaping and Snow Removal Program — Landscaping and Snow Removal Services for Seniors — Amend Ord. 378-13 (Ward(s) 04, 06 NCF) (O 1118-13)...... 1351-1401

Appreciation

Donley, M.D., Brian G. (R 1157-13) ...... 1316 Smith, Helen Knipe (R 1158-13) ...... 1316 Sutton, Noah (R 1160-13) ...... 1316 Taylor, Shirley (R 1159-13) ...... 1316

Assessment Equalization Board

Approve Assessment Equalization Board Report for Clifton Blvd. (From West 115th St. to Lake Ave.) and proceed with the improvements (O 848-13)...... 1362-1387

Bellaire Puritas Development Corporation

Basketball Education and Recreation Program — Amend Ord. 1397-12 and 268-13 (Ward(s) 18, 01 NEF) (O 1117-13) ...... 1351-1400 New Day In Hough Expo — Providing information on various city services and social support programs — agreement — Community Development Department — Hough Development Corp. (Ward 07 NCF) (O 1070-13) ...... 1345-1394

Board of Building Standards and Building Appeals

Brookpark Road, 2186, (Ward 13) — Lorain Real Estate Corp., owner — appeal withdrawn on 8/14/13 (Doc. A-94-13) ...... 1367 Carrington Avenue, 12831, (Ward 18) — Robert Tunold, owner — appeal postponed to 09/11/13 on 8/14/13 (Doc. A-129-13) ...... 1368 Crestwood Avenue, 10707, (Ward 6) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-110-13) ...... 1369 Cudell Avenue, 9620, (Ward 16) — Albert Thrower, owner — appeal postponed to 08/28/13 on 8/14/13 (Doc. A-132-13) ...... 1369 Dove Avenue, 11416, (Ward 2) — Mary Bell and Mozella Thomas, owners — appeal adopted on 8/14/13 (Doc. A-100-13) ...... 1369 East 106th Street, 2185, (Ward 9) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-127-13) ...... 1369 East 111th Street, 3036, (Ward 4) — Farley J. Seldon, owner — appeal resolved on 8/14/13 (Doc. A-81-13) ...... 1367 East 114th Street, 573, (Ward 9) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-111-13) ...... 1369 East 141st Street, 927, (Ward 10) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-128-13) ...... 1369 East 146th Street, 1107, (Ward 10) — William Burns, owner — appeal resolved on 8/14/13 (Doc. A-92-13) ...... 1367 East 156th Street, 774, (Ward 11) — Ronald Lee Ester, owner — appeal adopted on 8/14/13 (Doc. A-99-13) ...... 1369 East 65th Street, 3662, (Ward 12) — Christian Ostenson, owner — appeal adopted on 8/14/13 (Doc. A-183-13) ...... 1369 East 71st Street, 1066-68, (Ward 7) — Sam Riolo, agent — appeal resolved on 8/14/13 (Doc. A-188-13) ...... 1369 East 71st Street, 1900, (Ward 7) — Cortney Gantt, owner — appeal resolved on 8/14/13 (Doc. A-112-13) ...... 1368 1402 August 21, 2013 The City Record 91

East 72nd Street, 899, (Ward 7) — 72 East LLC c/o Christopher Grootenboer, owner — appeal resolved on 8/14/13 (Doc. A-119-13)...... 1368 East 93rd Street, 676, (Ward 8) — Phyllis Sperling, owner — appeal adopted on 8/14/13 (Doc. A-93-13) ...... 1369 Elton Avenue, 7916, (Ward 14) — Joel K. Barr Sr., owner — appeal resolved on 8/14/13 (Doc. A-118-13) ...... 1368 Elton Avenue, 7916, (Ward 15) — Sam Riolo, trustee — appeal resolved on 8/14/13 (Doc. A-113-13) ...... 1368 Grantham Road, 1827, (Ward 10) — Biland Corp., trustee — appeal resolved on 8/14/13 (Doc. A-131-13) ...... 1369 Hough Avenue, 9306, (Ward 7) — George F. Dixon, owner — appeal amended and adopted on 8/14/13 (Doc. A-106-13) ...... 1369 Manor Avenue, 10206, (Ward 4) — Tyree J. Penman, owner — extension of time granted on 8/14/13 (Doc. A-231-12) ...... 1369 Manufacturing Road, 4740, (Ward 18) — Shoreline Capital Partners, LLC, owner — appeal resolved on 8/14/13 (Doc. A-134-13) ...... 1369 Public Square, 55, (Ward 13) — Optima Management Group, LLC, owner — appeal rescheduled to 09/11/13 on 8/14/13 (Doc. A-133-13) ...... 1369 Regent Road, 3290, (Ward 12) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-126-13) ...... 1369 Reyburn Road, 1826, (Ward 10) — Hazel Williams, owner — appeal resolved on 8/14/13 (Doc. A-123-13) ...... 1368 Riverside Avenue, 3612, (Ward 14) — Kenneth Kolberg, owner — appeal adopted on 8/14/13 (Doc. A-196-13) ...... 1369 Spafford Road, 7506, (Ward 12) — Sabrina Wright, owner — appeal resolved on 8/14/13 (Doc. A-124-13) ...... 1368 Tremont Avenue, 2439, (Ward 3) — Michael Rabkewych, owner — appeal adopted on 8/14/13 (Doc. A-181-13) ...... 1369 West 14th Street, 2946, (Ward 3) — Richard & Debbie Christopher, owners — appeal resolved on 8/14/13 (Doc. A-108-13) ...... 1368 West 58th Street, 3403, (Ward 15) — Aeon Financial LLC, owner — appeal adopted on 8/14/13 (Doc. A-109-13) ...... 1369 Whitethorn Avenue, 8002, (Ward 7) — Taliah Campbell, owner — appeal postponed to 09/25/13 on 8/14/13 (Doc. A-117-13) ...... 1368

Board of Control — Capital Projects Office

Engineering services for Larchmere Streetscape Rehabilitation (Martin Luther King Jr. Blvd. to North Moreland Blvd.) — consent to merger — Contract #PS2012*176 per BOC Res. 123-12 (BOC Res. 468-13) ...... 1364 U.S. 322 (Chester Avenue and East 13th Street improvements (between U.S. 6 and East 93rd St.) — approve subcontractor — amend BOC Res. 399-13 — Division of Engineering and Construction (BOC Res. 469-13) ...... 1364

Board of Control — Community Development Department

Benham Avenue, 12805 (Ward 4) — PPN 137-03-056 — Jacqueline Fort (BOC Res. 473-13)...... 1365 Carpenter Avenue, 6302 (Ward 12) — PPN 125-01-082 — Sonya Hughes — amend BOC Res. 76-13 (BOC Res. 471-13) ...... 1365 Coath Avenue, 13706 (Ward 2) — PPN 137-25-008 — Tawanda Demmings (BOC Res. 472-13) ...... 1365 East 78th Street, 2169 (Ward 5) — PPN 118-27-061 — Shelton Tufts (BOC Res. 475-13) ...... 1366 Superior Avenue, 5821 (Ward 7) — PPN 104-14-052 — Robert Lanier (BOC Res. 474-13) ...... 1365

Board of Control — Engineering and Construction Division

U.S. 322 (Chester Avenue and East 13th Street improvements (between U.S. 6 and East 93rd St.) — approve subcontractor — amend BOC Res. 399-13 — Office of Capital Projects (BOC Res. 469-13) ...... 1364

Board of Control — Land Reutilization Program

Benham Avenue, 12805 (Ward 4) — PPN 137-03-056 — Jacqueline Fort (BOC Res. 473-13)...... 1365 Carpenter Avenue, 6302 (Ward 12) — PPN 125-01-082 — Sonya Hughes — amend BOC Res. 76-13 (BOC Res. 471-13) ...... 1365 Coath Avenue, 13706 (Ward 2) — PPN 137-25-008 — Tawanda Demmings (BOC Res. 472-13) ...... 1365 East 78th Street, 2169 (Ward 5) — PPN 118-27-061 — Shelton Tufts (BOC Res. 475-13) ...... 1366 Superior Avenue, 5821 (Ward 7) — PPN 104-14-052 — Robert Lanier (BOC Res. 474-13) ...... 1365

Board of Control — Professional Service Contracts

Architectural and engineering services for Erie Street and Monroe Street Cemeteries — modify Contract #PS2010*356 — Dept. of Public Works (BOC Res. 470-13) ...... 1364 Engineering services for Larchmere Streetscape Rehabilitation (Martin Luther King Jr. Blvd. to North Moreland Blvd.) — consent to merger — Contract #PS2012*176 per BOC Res. 123-12 — Office of Capital Projects (BOC Res. 468-13)...... 1364 1403 92 The City Record August 21, 2013

Board of Control — Public Improvement Contracts

U.S. 322 (Chester Avenue and East 13th Street improvements (between U.S. 6 and East 93rd St.) — approve subcontractor — amend BOC Res. 399-13 — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 469-13) ...... 1364

Board of Control — Public Utilities Department

HVAC system maintenance, repair/replacement — approve subcontractor — Contract #RC2012*049 per BOC Res. 209-12 (BOC Res. 467-13) ...... 1364

Board of Control — Public Works Department

Architectural and engineering services for Erie Street and Monroe Street Cemeteries — modify Contract #PS2010*356 (BOC Res. 470-13) ...... 1364

Board of Control — Requirement Contracts

HVAC system maintenance, repair/replacement — approve subcontractor — Contract #RC2012*049 per BOC Res. 209-12 — Dept. of Public Utilities (BOC Res. 467-13) ...... 1364

Board of Zoning Appeals — Report

Clinton Avenue, 3300, (Ward 3) — Jason Bristol and Alex Frandorf, owners — appeal heard on 8/19/13 (Cal. 13-143) ...... 1367 East 9th Street, 1180, (Ward 3) — The City of Cleveland and the Greater Cleveland Regional Transit Authority — appeal postponed to 10/07/13 on 8/19/13 (Cal. 13-145) ...... 1367 Franklin Boulevard, 2843, (Ward 3) — Cuyahoga County Board of Commissioners, owner, and Welcome House, Incorporated, prospective purchaser — appeal postponed to 10/07/13 on 8/19/13 (Cal. 13-139) ...... 1367 Old River Road, 1290, (Ward 3) — Telecom Acquisition Corporation I — appeal heard on 8/19/13 (Cal. 13-93) ...... 1367 South Waterloo Road, 17904, (Ward 11) — Michael Mauer, Mike Mauer Auto Repair — appeal denied and adopted on 8/19/13 (Cal. 13-138) ...... 1367 Victory Boulevard, 4190, (Ward 18) — Jacqueline Young — appeal dismissed on 8/19/13 (Cal. 13-137) ...... 1367 West 3rd Street, 1089, (Ward 3) — The City of Cleveland and the Greater Cleveland Regional Transit Authority — appeal postponed to 10/07/13 on 8/19/13 (Cal. 13-144) ...... 1367 West 76th Street, 1261, (Ward 15) — Gillespie Brothers Ltd., owner — appeal granted and adopted on 8/19/13 (Cal. 13-54) ...... 1367 West Boulevard, 3483, (Ward 16) — Emerald Development and Economic Network, Incorporated, owner, and Cleveland Play House, prospective purchaser — appeal heard on 8/19/13 (Cal. 13-142) ...... 1367 West Schaaf Road, 2005, (Ward 13) — Brooklyn Heights United Church, owner — appeal granted and adopted on 8/19/13 (Cal. 13-115) ...... 1367

Board of Zoning Appeals — Schedule

Bridge Avenue, 3000, (Ward 3) — WSCH LLC, owner, and Damon Taseff — appeal to be heard on 9/3/13 (Cal. 13-164) ...... 1367 Broadway Avenue, 5466, (Ward 5) — Milan Radjenovic, owner, and Regina Weatherspoon, prospective tenant — appeal to be heard on 9/3/13 (Cal. 13-162) ...... 1366 Cliff Drive, 10019, (Ward 16) — William Gallagher, owner — appeal to be heard on 9/3/13 (Cal. 13-161) ...... 1366 Euclid Avenue, 16625, (Ward 10) — SNS Properties LLC, owner, and Belal Odat — appeal to be heard on 9/3/13 (Cal. 13-163) ...... 1366 West 25th Street, 1616, (Ward 3) — Ojala Properties, LLC and Maria Keckan — appeal to be heard on 9/3/13 (Cal. 13-160) ...... 1366 West 9th Street, 1293, (Ward 3) — Valentina Lucic, d.b.a. Hibachi Restaurant and Lounge — appeal to be heard on 9/3/13 (Cal. 13-159) ...... 1366 West Avenue, 13021, (Ward 18) — AAA Asset Management LLC and Ahmad Assad — appeal to be heard on 9/3/13 (Cal. 13-165) ...... 1367

Bonds

Airport System Revenue Bonds — $ 100,000,000 One Hundred Million — Finance Department — Port Control Department (O 1113-13) ...... 1332

Building and Housing Department

Delinquent Taxes and charges paid before Residential Rental and Registration — Amend Section 365.01 (O 1115-13) ...... 1338

Burke Lakefront Airport

Runway 6r-24l (Rehab.) — Public improvement contracts — professional services (O 1107-13) ...... 1327 1404 August 21, 2013 The City Record 93

Capital Projects

Bachman Court S.W. — intention to vacate a portion — City Planning Commission (Ward 15) (R 839-13)...... 1363-1370 Broadway Ave. (Between East 49th St. and Mead Ave.) — encroach into right-of-way — Broadway Arch Public Art Project — Slavic Village Development (Ward 05) (O 852-13)...... 1362-1388 Brookpark Rd. and Grayton Rd. — vacate a portion — City Planning Commission (Ward 18) (O 859-13) ...... 1363-1391 City of Cleveland Consent Agreement with ODOT for Rehab. Woodland Ave., — From East 89th St. to East 116th St. (Martin Luther King Jr. Drive) (O 850-13)...... 1362-1387 Consent Agreement and cause payment for Resurfacing West 130th St., (From Brookpark Rd. to Lorain Ave.) (Ward 18) (O 1099-13) ...... 1322 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Denison Avenue S.W. and West 48th St. — intention to vacate a portion — City Planning Commission (Ward 14) (R 841-13) ...... 1364-1371 Denison Avenue Underground Ductbank and Resurfacing Project — Amend Ord. 908-12 (O 1096-13)...... 1322 Detroit Ave. — encroach into right-of-way — 8 Front Overhanging Balconies and Sunshades — Ohio City Development Partners, LLC. (Ward 03) (O 851-13) ...... 1362-1388 Franklin Ave., N.W. — vacate a portion — City Planning Commission (Ward 03) (O 858-13)...... 1362-1390 Grand Avenue S.E. — intention to vacate a portion — City Planning Commission (Ward 05) (R 840-13)...... 1363-1370 Jefferson Avenue S.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 838-13) ...... 1363-1370 Public Improvement Contracts — Design — Build for Impound Lot (O 861-13) ...... 1363-1392 Rocky River Dr., S.W. — vacate a portion — City Planning Commission (Ward 18) (O 860-13) ...... 1363-1392 Sell Property at Euclid Ave. and East 116th St. to the Cleveland Institute of Art — Right- of- Way Easement (O 1111-13) ...... 1328 Steelyard Commons — Amend Ord. 903-07 and Ord. 1362-12 (O 1095-13) ...... 1320

City of Cleveland Bids

Highland Park Clubhouse Roof improvements — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 533-12 — bid due September 6, 2013 (advertised 8/14/2013 and 8/21/2013)...... 1370

City Planning Commission

Bachman Court S.W. — intention to vacate a portion — Capital Projects (Ward 15) (R 839-13) ...... 1363-1370 Bethany Baptist Church (aka Zion Evangelical Church) — PPN 109-18-001/ 002/ 003/ 004/ 005 — designate as landmark (Ward 08) (O 1077-13) ...... 1317 Brookpark Rd. and Grayton Rd. — vacate a portion — Capital Projects (Ward 18) (O 859-13) ...... 1363-1391 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) ...... 1317 Chisholm Steel Shovel Works — East 40th St., 1570-88 — PPN 102-30-08 / 010 / 011 — designate as landmark (Ward 08) (O 832-13) ...... 1361-1382 Denison Avenue S.W. and West 48th St. — intention to vacate a portion — Capital Projects (Ward 14) (R 841-13) ...... 1364-1371 Fairfield Ave. and West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) (Ward 03) (O 1082-13)...... 1342 Franklin Ave., N.W. — vacate a portion — Capital Projects (Ward 03) (O 858-13) ...... 1362-1390 German Baptist Publication Society Building (1878) — Payne Ave., 3804-12 — PPN 102-39-084 — designate as landmark (Ward 08) (O 833-13) ...... 1361-1383 German Baptist Publication Society Building (1926) — Payne Ave., 3734-3800 — PPN 102-39-004 — designate as landmark — City Planning Commission (Ward 08) (O 834-13) ...... 1361-1383 Glenville New Life Community Church — PPN 108-25-055 / 056/ 057 — designate as landmark (Ward 08) (O 835-13) ...... 1361-1383 Grand Avenue S.E. — intention to vacate a portion — Capital Projects (Ward 05) (R 840-13) ...... 1363-1370 Home Occupations — Amend Section 337.23, Enact Section 337.26 (O 1093-13) ...... 1318 Ivanhoe Rd. (Southwest side) and Mandalay Ave. — Change Use and Height Districts (Ward 10) (O 212-12) ...... 1363-1380 Jefferson Avenue S.W. — intention to vacate a portion — Capital Projects (Ward 03) (R 838-13) ...... 1363-1370 Kenilworth Ave., Literary Rd. and West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) (Ward 03) (O 1083-13) ...... 1343 Otto Narveleit Building — PPN 108-09-036 — designate as landmark (Ward 08) (O 1079-13)...... 1318 Professor Ave. and Starkweather Ave. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) (Ward 03) (O 1084-13) ...... 1344 Professor Ave. (Between W. 10th St. / Jefferson Ave., College Ave. / Jefferson Ave. and Tremont St. / W. 7th St.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) (Ward 03) (O 1080-13) ...... 1339 Rocky River Dr., S.W. — vacate a portion — Capital Projects (Ward 18) (O 860-13) ...... 1363-1392 Stepp House — East 25th St., 1374 — PPN 102-16-091 — designate as landmark (Ward 08) (O 836-13) ...... 1361-1384 Vashti Ave. (East 124th St. to St. Clair Ave.) — Secondary Name of Roosevelt Pendleton — Penn Barbershop Way (Ward 10) (O 1068-13) ...... 1345-1394 West 14th St. (Starkweather Ave. and Auburn Ave.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) (Ward 03) (O 1081-13) ...... 1341 Willey Ave., and W. 17th St. (Northwest corner) — Change Use District (Ward 03) (O 837-13) ...... 1363-1384 1405 94 The City Record August 21, 2013

Clerk of Council

Thriving Communities Institute — professional services — Staff and Administer The Vacant Abandoned Property Action Council (O 1172-13) ...... 1352-1401

Cleveland Municipal Court

Amend Section 8 of Ord. No. 360-13 — Montlack Realty — Lease Office Space — Adult Probation Department (O 843-13) ...... 1361-1386 Domestic Intervention, Education & Training (D.I.E.T.) Program — Cuyahoga County Corrections Planning Board — Finance Department — Grants (O 847-13)...... 1362-1386

Cleveland Public Power

Landscaping and Tree Lawn Repair, replacement and refurbishment — Water Division — Water Pollution Control Division (O 863-13) ...... 1363-1393

Cleveland State University

Hazardous Materials Training Program — Grant — Safety Department (O 1098-13) ...... 1322

Codified Ordinances

Amend Section 161.03 & 161.06 — Chairperson Voting — Landmark Commission Notice of Rule Changes (O 1168-13) ...... 1339 Automated Red Light Cameras & Location Sites — Amend Section 413.031 (O 1072-13) ...... 1345-1395 Credit Cards, Use of City — Amend Section 171.40 (O 842-13)...... 1361-1385 Delinquent Taxes and Charges Paid Before Residential Rental and Registration — Amend Section 365.01 (O 1115-13) ...... 1338 Home Occupations — Amend Section 337.23, Enact Section 337.26 (O 1093-13) ...... 1318 Petty Theft — Amend Section 625.05 (O 1094-13) ...... 1320 Tires, Disposal of Used; Reporting — Amend Section 551.38 (O 1076-13) ...... 1316

Communications

Archives Apartments/Welcome House, Inc. — Franklin Blvd., 2845 — Submission of Application — Ohio Housing Finance Agency (Ward 03) (F 1047-13) ...... 1315 National Association of Drug Diversion Investigators — Grant — Safety Department (F 1048-13)...... 1315 Waverly Station Subdivision, Phase 3 — Dedication Plat — City Planning Commission (Ward 15) (F 1116-13) ...... 1315-1315

Community Development

Amend Grant Agreement No. CT 8006 SG 2013-057 — Building Repairs for May Dugan Center (O 846-13) ...... 1362-1386 Basketball Education and Recreation Program- Amend Ord. 1397-12 and 268-13 (Ward(s) 18, 01 NEF) (O 1117-13) ...... 1351-1400 City-Owned Land Bank Properties — Granting Easement to NEORSD for Dugway West Interceptor Relief Sewer Project (O 1112-13) ...... 1329 Lease and Option to Purchase Agreement with Fast Track Cycling, Inc. — St. Michael’s Hospital (O 857-13) ...... 1362-1390 Granting Easement to Dominion East Ohio Gas on Land Bank PPN 110-24-024 (O 1103-13) ...... 1325 Home Weatherization Assistance Program, 2013 — Grant — Ohio Development Service Agency (ODSA) — Amend Section 1 of Ord. No. 667-13 (O 1085-13) ...... 1347-1396 New Day In Hough Expo — Providing information on various city services and social support programs — agreement — Hough Development Corp. & Bellaire Puritas Development Corp. (Ward 07 NCF) (O 1070-13)...... 1345-1394 Senior Landscaping and Snow Removal Program — Landscaping and Snow Removal Services for Seniors — Amend Ord. 378-13 (Ward(s) 04, 06 NCF) (O 1118-13)...... 1351-1401

Condolences

Anderson, Eloise Marcus (R 1121-13) ...... 1316 Anderson, Reverend Roland V. (R 1167-13) ...... 1316 Bowling, III, Java C. (R 1135-13) ...... 1316 Burten, Sr., Lonnie (R 1131-13) ...... 1316 Deskins, Angela (R 1128-13) ...... 1316 Gray, Patricia Ann (nee Jackson) (R 1119-13) ...... 1316 Harris, James Richard (R 1122-13) ...... 1316 Heyer, Frances (R 1173-13) ...... 1316 Jackson, Constance Edith (R 1127-13) ...... 1316 Jordan, Arnnetta Jean (R 1125-13) ...... 1316 Lewis, Dorothy Jane (R 1124-13) ...... 1316 Martin, Sr., Harold (R 1123-13) ...... 1316 McDonald, Jeanette Odessa (R 1120-13) ...... 1316 1406 August 21, 2013 The City Record 95

Newcomb, Pinkie (R 1133-13) ...... 1316 Sheeley, Shetisha (R 1130-13) ...... 1316 Stallworth, Pastor Leon (R 1132-13) ...... 1316 Terry, Shirellda H. (R 1129-13) ...... 1316 Weatherly, Elaine Frances Wharton (R 1126-13) ...... 1316 Wilkerson, Lucy B. (Harville) (R 1134-13) ...... 1316

Congratulations

Adams, Ellen (Griggs) (R 1138-13) ...... 1316 Braxton, Marvin A.K.A. “Crazy Marvin” (R 1145-13) ...... 1316 Cedar’s Finest/The Jaber Family (R 1148-13) ...... 1316 Cleveland Chemical Pest Control, Inc. — 110th Anniversary (R 1149-13) ...... 1316 Green, Luticia Mae (R 1137-13)...... 1316 Halton, Bishop Gabriel S. (R 1144-13) ...... 1316 Kastelic, John (R 1142-13)...... 1316 Nelson, Bertha Ragland (R 1140-13) ...... 1316 Notre Dame-Cathedral Latin School — 25th Anniversary (R 1143-13) ...... 1316 Patel, Ramesh U. (R 1141-13) ...... 1316 Puerto Rican Parade & Latino Fest — 45th Annual (R 1147-13) ...... 1316 The Great Lakes Towing Company And Great Lakes Shipyard — 115th Anniversary (R 1136-13) ...... 1316 The Society of St. E. Premte — 75th Anniversary (R 1139-13) ...... 1316 Woullard, Donnaire Andre (R 1146-13) ...... 1316

Contracts

Amend Grant Agreement No. CT 8006 SG 2013-057 — Community Development — Building Repairs for May Dugan Center (O 846-13)...... 1362-1386 Apply & Accept Clean Ohio Grant — ODSA — Fairmont Creamery Site — Willey Ave., 1720 (Ward 03) (O 1087-13) ...... 1348-1397 Apply & Accept Clean Ohio Grant — ODSA — Flats East Bank Development, LLC (Phase II) (Ward 03) (O 1086-13) ...... 1347-1396 City of Cleveland Consent Agreement with ODOT for Rehab. Woodland Ave., — From East 89th St. to East 116th St. (Martin Luther King Jr. Drive) (O 850-13)...... 1362-1387 Consent Agreement and cause payment for Resurfacing West 130th St., (From Brookpark Rd. to Lorain Ave.) (Ward 18) (O 1099-13) ...... 1322 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Deicing Chemicals — FAA — Approved (O 750-13) ...... 1361-1381 Distribution Water Mains — Cleaning, Cement Mortar Lining and Replacement, 2014 and 2015 (O 1105-13) ...... 1326 Diving and Underwater Inspections — Water Division (O 1109-13) ...... 1327 Exercise option to renew Contract No. Ma 2011-119 with United Rotary Brush — Automotive Parts and Labor (O 1108-13) ...... 1327 Exercise option to renew Contract No. PS 2011-267 — Rand Worldwide Subsidiary Inc., dba Imaginit Technologies — AUTOCAD Software And Technical Support (O 854-13) ...... 1362-1389 Exercise option to renew Contract No. PS 2011-268 — Society for Human Resource Management for Employee Development (O 855-13) ...... 1362-1389 Exercise option to renew various contracts for Automotive supplies and labor (O 856-13) ...... 1362-1389 Hazardous Materials Training Program — Grant — Safety Department — Cleveland State University (O 1098-13) ...... 1322 Install Exhaust System Upgrades at various Fire Stations — Safety Department (O 1089-13)...... 1349-1398 Landscaping and Tree Lawn Repair, replacement and refurbishment — Cleveland Public Power — Water Division — Water Pollution Control Division (O 863-13) ...... 1363-1393 Pavement Management Services — professional services (O 1106-13) ...... 1351-1400 Port Control — professional services — Provide Grant Writing and Resource Development Services (O 862-13) ...... 1363-1393 Public improvement contracts — Design — Build for Impound Lot — Capital Projects (O 861-13) ...... 1363-1392 Purchase Parking Properties By CHIA (O 1114-13) ...... 1338 Runway 6r-24l (Rehab.) — public improvement — professional services — Burke Lakefront Airport (O 1107-13) ...... 1327 Salt, Rock — Streets Division (O 1110-13) ...... 1328 Thriving Communities Institute — professional services — Staff and Administer The Vacant Abandoned Property Action Council (O 1172-13) ...... 1352-1401 Warehouse Improvements Project — Contract # PI 2010000000044 — Panzica Construction Company — Utilities Department (Statement of Final Acceptance) (F 1045-13) ...... 1315-1315 Workforce Investment Act and Workforce Development Program, 2013 — Grant — Lease — Bolivar Rd., 1020 — Employment Connection — Cuyahoga County — O.E.O — Ohio Department of Job and Family Services (O 1090-13) ...... 1349-1399

Cuyahoga County

Workforce Investment Act and Workforce Development Program, 2013 — Grant — Lease — Bolivar Rd., 1020 — Employment Connection — O.E.O — Ohio Department of Job and Family Services (O 1090-13) ...... 1349-1399 1407 96 The City Record August 21, 2013

Dominion East Ohio

Granting Easement — Land Bank PPN 110-24-024 (O 1103-13) ...... 1325

Easements

Community Development — City-Owned Land Bank Properties — NEORSD for Dugway West Interceptor Relief Sewer Project (O 1112-13) ...... 1329 Dominion East Ohio Gas on Land Bank PPN 110-24-024 (O 1103-13) ...... 1325 Sell Property at Euclid Ave. and East 116th St. to the Cleveland Institute of Art — right- of-way easement (O 1111-13) ...... 1328

Economic Development Department

Acquire Stager Beckwith Property and sell to Chesler Group, Inc. , Euclid Ave., 3813 (Ward 08) (O 1092-13) ...... 1318 Apply & Accept Clean Ohio Grant — contract — ODSA — Fairmont Creamery Site — Willey Ave., 1720 (Ward 03) (O 1087-13) ...... 1348-1397 Apply & Accept Clean Ohio Grant — contract — ODSA — Flats East Bank Development, LLC (Phase II) (Ward 03) (O 1086-13) ...... 1347-1396 Job Creation Incentive Program — agreements (O 1104-13) ...... 1326

Emergency Medical Service Division (EMS)

Install Exhaust System Upgrades at various Fire Stations — contracts — Safety Department (O 1089-13) ...... 1349-1398

Encroachments

Broadway Ave. (Between East 49th St. and Mead Ave.) — right-of-way — Broadway Arch Public Art Project — Slavic Village Development — Capital Projects (Ward 05) (O 852-13) ...... 1362-1388 Detroit Ave. — right-of-way — 8 Front Overhanging Balconies and Sunshades — Ohio City Development Partners, LLC. — Capital Projects (Ward 03) (O 851-13)...... 1362-1388

Finance Department

Airport System Revenue Bonds — $ 100,000,000 One Hundred Million — Port Control Department (O 1113-13) ...... 1332 Amend Section 8 of Ord. No. 360-13 — Montlack Realty — Lease Office Space — Adult Probation Department (O 843-13) ...... 1361-1386 Credit Cards, Use of City — Amend Section 171.40 (O 842-13)...... 1361-1385 Domestic Intervention, Education & Training (D.I.E.T.) Program — Cuyahoga County Corrections Planning Board — Grants — Cleveland Municipal Court (O 847-13) ...... 1362-1386 Job Creation Incentive Program — agreements — Economic Development (O 1104-13) ...... 1326 Salary and Wage Schedules — Section 30 and 36 — Amend Ord. 1689-11 — Human Resources Department (O 1088-13)...... 1348-1397

Fire Division

Install Exhaust System Upgrades at various Fire Stations — contracts — Safety Department (O 1089-13) ...... 1349-1398

Grants

Amend Grant Agreement No. CT 8006 SG 2013-057 — Community Development — Building Repairs for May Dugan Center (O 846-13)...... 1362-1386 Apply & Accept Clean Ohio Grant — contract — ODSA — Fairmont Creamery Site — Willey Ave., 1720 (Ward 03) (O 1087-13) ...... 1348-1397 Apply & Accept Clean Ohio Grant — contract — ODSA — Flats East Bank Development, LLC (Phase II) (Ward 03) (O 1086-13) ...... 1347-1396 Byrne Justice Assistance Grant (JAG) Local Solicitation, 2013 — Ohio Office of Criminal Justice Services — Safety Department (O 1097-13) ...... 1322 Cleveland High Visibility Enforcement Overtime Program, 2014 — State of Ohio — Safety Department (O 1101-13)...... 1325 Cuyahoga County OVI Task Force Program, 2014 — Safety Department — University Hospitals Health System (O 1102-13) ...... 1325 Domestic Intervention, Education & Training (D.I.E.T.) Program — Cuyahoga County Corrections Planning Board — Finance Department — Cleveland Municipal Court (O 847-13) ...... 1362-1386 Hazardous Materials Training Program — Safety Department — Cleveland State University (O 1098-13) ...... 1322 Home Weatherization Assistance Program, 2013 — Ohio Development Service Agency (ODSA) — Amend Section 1 of Ord. No. 667-13 (O 1085-13) ...... 1347-1396 National Association of Drug Diversion Investigators — Safety Department (F 1048-13)...... 1315 Steelyard Commons — Amend Ord. 903-07 and Ord. 1362-12 (O 1095-13) ...... 1320 Workforce Investment Act and Workforce Development Program, 2013 — Lease — Bolivar Rd., 1020 — Employment Connection — Cuyahoga County — O.E.O — Ohio Department of Job And Family Services (O 1090-13)...... 1349-1399 1408 August 21, 2013 The City Record 97

Home Weatherization Program

Home Weatherization Assistance Program, 2013 — Grant — Ohio Development Service Agency (ODSA) — Amend Section 1 of Ord. No. 667-13 (O 1085-13) ...... 1347-1396

Human Resources Department

Salary and Wage Schedules — Section 30 and 36 — Amend Ord. 1689-11 — Finance Department (O 1088-13) ...... 1348-1397

Landmark Commission

Amend Section 161.03 & 161.06 — Chairperson Voting — Landmark Commission Notice of Rule Changes (O 1168-13) ...... 1339 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) ...... 1317 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) ...... 1317 Chisholm Steel Shovel Works — East 40th St., 1570-88 — PPN 102-30-08 / 010 / 011 — designate as landmark — City Planning Commission (Ward 08) (O 832-13) ...... 1361-1382 German Baptist Publication Society Building (1878) — Payne Ave., 3804-12 — PPN 102-39-084 — designate as landmark — City Planning Commission (Ward 08) (O 833-13) ...... 1361-1383 German Baptist Publication Society Building (1926) — Payne Ave., 3734-3800 — PPN 102-39-004 — designate as landmark — City Planning Commission (Ward 08) (O 834-13) ...... 1361-1383 Glenville New Life Community Church — PPN 108-25-055 / 056/ 057 — designate as landmark — City Planning Commission (Ward 08) (O 835-13) ...... 1361-1383 Otto Narveleit Building — PPN 108-09-036 — designate as landmark — City Planning Commission (Ward 08) (O 1079-13) ...... 1318 Stepp House — East 25th St., 1374 — PPN 102-16-091 — designate as landmark — City Planning Commission (Ward 08) (O 836-13)...... 1361-1384

Leases

Amend Section 8 of Ord. 360-13 — Montlack Realty — Office Space — Adult Probation Department (O 843-13) ...... 1361-1386 Community Development — Option to Purchase Agreement with Fast Track Cycling, Inc. — St. Michael’s Hospital (O 857-13) ...... 1362-1390

Liquor Permits

Almira Ave., 9800-06-08 — objection to issuance (Ward 16) (R 1049-13)...... 1352-1372 Almira Ave., 9806-08 — new application (Ward 16) (F 1042-13) ...... 1316 Bellflower Rd., 11401 — stock application (Ward 09) (F 1033-13) ...... 1316 Carnegie Ave., 8404 — transfer of ownership application (Ward 06) (F 1031-13) ...... 1315 Clark Ave., 5110 (Drive Up Window) (Permit No. 15255190005) — objection to renewal (Ward 15) (R 1050-13) ...... 1353-1372 Clark Ave., 5110 (Drive Up Window) (Permit Nos. 9089530 And 90895300005) — objection to renewal (Ward 15) (R 1051-13) ...... 1353-1372 Denison Ave., 6501 — objection to renewal (Ward 15) (R 1052-13) ...... 1353-1373 Dolloff Rd., 5351-55 — objection to renewal (Ward 05) (R 1053-13) ...... 1353-1373 East 116th St., 3344 — transfer of ownership application (Ward 06) (F 1073-13) ...... 1316 East 116th St., 3643 — transfer of ownership application (Ward 06) (F 1032-13) ...... 1316 East 4th St., 2079 — stock application (Ward 03) (F 1030-13)...... 1315 East 93rd St., 3489 — objection to issuance (Ward 05) (R 1066-13) ...... 1358-1377 Euclid Ave., 11500 — new application (Ward 09) (F 1034-13)...... 1316 Euclid Ave., 1305 — stock application (Ward 03) (F 1039-13) ...... 1316 Euclid Ave., 1501 — transfer of location application (Ward 03) (F 1036-13) ...... 1316 Euclid Ave., 17801 — objection to renewal (Ward 10) (R 1054-13) ...... 1354-1373 Franklin Ave., 5105 — objection to renewal (Ward 15) (R 1056-13) ...... 1354-1374 Franklin Blvd., 4719 (1st Fl. Front) — objection to renewal (Ward 15) (R 1055-13) ...... 1354-1374 Fulton Rd., 3357-59 (1st Fl.) — objection to renewal (Ward 14) (R 1165-13)...... 1360-1379 Hough Ave., 9306 — objection to renewal (Ward 07) (R 1057-13) ...... 1355-1374 Lakeside Ave., 3232 (Bsmt.) — objection to renewal (Ward 03) (R 1164-13) ...... 1360-1379 Linn Dr., 951 (1st Fl.) objection to renewal (Ward 09) (R 1058-13) ...... 1355-1374 Lorain Ave., 11619 — objection to renewal (Ward 17) (R 1059-13) ...... 1355-1375 Lorain Ave., 175446 — transfer of location application (Ward 19) (F 1075-13) ...... 1316 Lorain Ave., 7115-19 and West 73rd St. — objection to renewal (Ward 15) (R 1161-13) ...... 1359-1378 Shaker Sq., 13101 -transfer of location application (Ward 04) (F 1040-13) ...... 1316 St. Clair Ave., 12307 — objection to transfer of liquor license (Ward 10) (R 1067-13) ...... 1358-1377 St. Clair Ave., 12307 — transfer of location application (Ward 10) (F 1035-13)...... 1316 St. Clair Ave., 6201 (1st Fl.) — objection to renewal (Ward 07) (R 1060-13) ...... 1356-1375 St. Clair Ave., 6702 (1st Fl. & Bsmt.) — objection to renewal (Ward 07) (R 1061-13) ...... 1356-1375 State Rd., 4301 — transfer of ownership application (Ward 13) (F 1044-13) ...... 1316 State Rd., 4380 — objection to transfer of ownership (Ward 13) (R 1062-13) ...... 1356-1376 State Rd., 4555 — transfer of ownership application (Ward 13) (F 1029-13) ...... 1315 Steelyard Dr., 3586 — transfer of location application (Ward 03) (F 1043-13) ...... 1316 1409 98 The City Record August 21, 2013

Storer Ave., 6422 — transfer of ownership application (Ward 14) (F 1041-13) ...... 1316 Superior Ave., 6820-24 (1st Fl. & Bsmt.) — objection to renewal (Ward 07) (R 1063-13)...... 1357-1376 Superior Ave., 7017-19 (1st Fl.) — objection to renewal (Ward 07) (R 1064-13) ...... 1357-1376 Superior Ave., 8023 — objection to renewal (Ward 07) (R 1065-13) ...... 1357-1377 West 117th St., 3349 — transfer of ownership application (Ward 17) (F 1074-13)...... 1316 West 117th St., 3349 (1st Fl. & Rear) — objection to transfer of ownership (Ward 17) (R 1166-13)...... 1360-1380 West 130th St., 3935 — transfer of ownership application (Ward 18) (F 1038-13)...... 1316 West 130th St., 4282 — new application (Ward 17) (F 1037-13) ...... 1316 West 130th St., 4282 — objection to issuance (Ward 17) (R 1162-13)...... 1359-1378 West 25th St., 3194 (1st Fl. & Bsmt.) — objection to renewal (Ward 14) (R 1163-13)...... 1359-1379

Neighborhood Equity Funds

Basketball Education and Recreation Program — Amend Ord. 1397-12 and 268-13 (Ward(S) 18, 01 NEF) (O 1117-13) ...... 1351-1400

Northeast Ohio Regional Sewer District (NEORSD)

Community Development — City-Owned Land Bank Properties — Granting Easement — For Dugway West Interceptor Relief Sewer Project (O 1112-13) ...... 1329

Oath of Office

White, Tiffany M. — Commissioner — Purchases & Supplies Division (F 1046-13) ...... 1315

Office of Criminal Justice Services

Byrne Justice Assistance Grant (JAG) Local Solicitation, 2013 — Grant — Safety Department (O 1097-13) ...... 1322

Office of Equal Opportunity

Workforce Investment Act and Workforce Development Program, 2013 — Grant — Lease — Bolivar Rd., 1020 — Employment Connection — Cuyahoga County — Ohio Department of Job and Family Services (O 1090-13) ...... 1349-1399

Ohio Department of Transportation (ODOT)

City of Cleveland Consent Agreement with ODOT for Rehab. Woodland Ave., — From East 89th St. to East 116th St. (Martin Luther King Jr. Drive) (O 850-13)...... 1362-1387 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Denison Avenue Underground Ductbank and Resurfacing Project — Amend Ord. 908-12 (O 1096-13)...... 1322

Ohio House Finance Agency

Archives Apartments/Welcome House, Inc. — Franklin Blvd., 2845 — Submission of Application (Ward 03) (F 1047-13) ...... 1315

Peddlers

Madalore, Anthony — Peddling (Ward 09) (O 1170-13)...... 1352-1401 Madalore, Anthony — Peddling (Ward 15) (O 1171-13)...... 1352-1401 Stephens, Shawn — Peddling (Ward 17)(O 1071-13) ...... 1345-1394

Permits

Madalore, Anthony — Peddling (Ward 09) (O 1170-13)...... 1352-1401 Madalore, Anthony — Peddling (Ward 15) (O 1171-13)...... 1352-1401 Stephens, Shawn — Peddling (Ward 17)(O 1071-13) ...... 1345-1394

Plats

Waverly Station Subdivision, Phase 3 — Dedication Plat — City Planning Commission (Ward 15) (F 1116-13) ...... 1315-1315

Port Control Department

Airport System Revenue Bonds — $ 100,000,000 One Hundred Million — Finance Department (O 1113-13) ...... 1332 Deicing Chemicals — FAA — Approved (O 750-13) ...... 1361-1381 Exercise option to renew Contract No. MA 2011-119 with United Rotary Brush — Automotive Parts and Labor (O 1108-13) ...... 1327 Exercise option to renew Contract No. PS 2011-267 — Rand Worldwide Subsidiary Inc., dba Imaginit Technologies — AUTOCAD Software And Technical Support (O 854-13) ...... 1362-1389 1410 August 21, 2013 The City Record 99

Exercise option to renew Contract No. PS 2011-268 — Society for Human Resource Management for Employee Development (O 855-13) ...... 1362-1389 Exercise option to renew various contracts for Automotive Supplies and Labor (O 856-13) ...... 1362-1389 Pavement Management Services — professional services — contract (O 1106-13) ...... 1351-1400 Professional services — Provide Grant Writing and Resource Development Services (O 862-13) ...... 1363-1393 Purchase Parking Properties By CHIA (O 1114-13) ...... 1338 Runway 6r-24l (Rehab.) — public improvement contracts — professional services — Burke Lakefront Airport (O 1107-13) ...... 1327

Professional Services

Exercise option to renew Contract No. PS 2011-267 — Rand Worldwide Subsidiary Inc., dba Imaginit Technologies — AUTOCAD Software And Technical Support (O 854-13) ...... 1362-1389 Exercise option to renew Contract No. PS 2011-268 — Society for Human Resource Management for Employee Development (O 855-13) ...... 1362-1389 Exercise option to renew various contracts for Automotive Supplies and Labor (O 856-13) ...... 1362-1389 Pavement Management Services — professional services — contract (O 1106-13) ...... 1351-1400 Port Control — professional services — Provide Grant Writing and Resource Development Services (O 862-13) ...... 1363-1393 Runway 6r-24l (Rehab.) — public improvement contracts — professional services — Burke Lakefront Airport (O 1107-13) ...... 1327 Thriving Communities Institute — professional services — Staff and Administer The Vacant Abandoned Property Action Council (O 1172-13) ...... 1352-1401

Project Agreements

Orlean WT II, LLC — West Technical Lofts — Sale of land for parking (O 975-13) ...... 1363-1393

Public Improvements

Consent Agreement and cause payment for Resurfacing West 130th St., (From Brookpark Rd. to Lorain Ave.) (Ward 18) (O 1099-13) ...... 1322 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Contracts — Design — Build for Impound Lot — Capital Projects (O 861-13) ...... 1363-1392 Denison Avenue Underground Ductbank and Resurfacing Project — Amend Ord. 908-12 (O 1096-13)...... 1322 Distribution Water Mains — Cleaning, Cement Mortar Lining and Replacement, 2014 and 2015 (O 1105-13) ...... 1326 Orlean WT II, LLC — Project Agreement — West Technical Lofts — Sale of land for parking (O 975-13) ...... 1363-1393 Runway 6r-24l (Rehab.) — Contracts — professional services — Burke Lakefront Airport (O 1107-13) ...... 1327

Public Works

Salt, Rock — Streets Division (O 1110-13) ...... 1328 Vashti Ave. (East 124th St. to St. Clair Ave.) — Secondary Name of Roosevelt Pendleton — Penn Barbershop Way — City Planning Commission (Ward 10) (O 1068-13) ...... 1345-1394

Purchases and Supplies Division

Acquire Stager Beckwith Property and sell to Chesler Group, Inc. , Euclid Ave., 3813 (Ward 08) (O 1092-13) ...... 1318 Purchase Parking Properties By CHIA (O 1114-13) ...... 1338 Sell Property at Euclid Ave. and East 116th St. to the Cleveland Institute of Art — Right- of -Way Easement (O 1111-13) ...... 1328 White, Tiffany M. — Oath of Office — Commissioner — Purchases & Supplies Division (F 1046-13)...... 1315

Recognition

A Christmas Story — 30th Anniversary (R 1152-13) ...... 1316 Brewer, Jim (R 1156-13)...... 1316 Buchanan, Sandy (R 1150-13) ...... 1316 Griggs, Rev. Eugene C. (R 1154-13) ...... 1316 Knettel, Jacqui (R 1155-13) ...... 1316 Reedus, Jr., Maurice A.K.A. “Sax Man” (R 1151-13) ...... 1316 Sweeney, Marge (R 1174-13) ...... 1316 The Szmagala Family (R 1153-13)...... 1316

Reports

Approve Assessment Equalization Board Report for Clifton Blvd. (From West 115th St. to Lake Ave.) and proceed with the improvements (O 848-13)...... 1362-1387 1411 100 The City Record August 21, 2013

Resolution of Support

Healthy Cleveland (R 978-13) ...... 1364-1371 Stager-Beckwith Mansion — Euclid Ave., 3813 — Ohio Historic Tax Credits (Ward 08) (R 1091-13)...... 1358-1378 Variety Theatre Building — Lorain Ave., 11815 — Ohio Historic Tax Credit Application (Ward 17) (R 1169-13) ...... 1361-1380

Resolutions — Miscellaneous

Healthy Cleveland (R 978-13) ...... 1364-1371

Safety Department

Automated Red Light Cameras & Location Sites — Amend Section 413.031 (O 1072-13) ...... 1345-1395 Byrne Justice Assistance Grant (JAG) Local Solicitation, 2013 — Grant — Ohio Office of Criminal Justice Services (O 1097-13)...... 1322 Cleveland High Visibility Enforcement Overtime Program, 2014 — Grant — State of Ohio (O 1101-13) ...... 1325 Cuyahoga County OVI Task Force Program, 2014 — Grants — University Hospitals Health System (O 1102-13) ...... 1325 Hazardous Materials Training Program — Grant — Cleveland State University (O 1098-13)...... 1322 Install Exhaust System Upgrades at various Fire Stations — contracts (O 1089-13) ...... 1349-1398 Mt. Pleasant Community Zone Neighborhood Safety and Security Program — Security Cameras — Agreement (Ward 02) (O 1069-13)...... 1345-1394 National Association of Drug Diversion Investigators — Grant (F 1048-13) ...... 1315

Salaries

Salary and Wage Schedules — Section 30 and 36 — Amend Ord. 1689-11 — Finance Department — Human Resources Department (O 1088-13)...... 1348-1397

Slavic Village Development Corporation

Broadway Ave. (Between East 49th St. and Mead Ave.) — Encroach into right-of-way — Broadway Arch Public Art Project — Capital Projects (Ward 05) (O 852-13) ...... 1362-1388

State of Ohio

Apply & Accept Clean Ohio Grant — contract — ODSA — Fairmont Creamery Site — Willey Ave., 1720 (Ward 03) (O 1087-13) ...... 1348-1397 Apply & Accept Clean Ohio Grant — contract — ODSA — Flats East Bank Development, LLC (Phase II) (Ward 03) (O 1086-13) ...... 1347-1396 City of Cleveland Consent Agreement with ODOT for Rehab. Woodland Ave., — From East 89th St. to East 116th St. (Martin Luther King Jr. Drive) (O 850-13)...... 1362-1387 Cleveland High Visibility Enforcement Overtime Program, 2014 — Grant — Safety Department (O 1101-13) ...... 1325 Home Weatherization Assistance Program, 2013 — Grant — Ohio Development Service Agency (ODSA) — Amend Section 1 of Ord. No. 667-13 (O 1085-13) ...... 1347-1396 Stager-Beckwith Mansion — Euclid Ave., 3813 — Ohio Historic Tax Credits (Ward 08) (R 1091-13) ...... 1358-1378 Steelyard Commons — Amend Ord. 903-07 and Ord. 1362-12 (O 1095-13) ...... 1320 Variety Theatre Building — Lorain Ave., 11815 — Ohio Historic Tax Credit Application (Ward 17) (R 1169-13) ...... 1361-1380

Statement of Work Acceptance

Warehouse Improvements Project — Contract # PI 2010000000044 — Panzica Construction Company — Utilities Department (Statement of Final Acceptance) (F 1045-13) ...... 1315-1315

Street Vacation

Bachman Court S.W. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 15) (R 839-13) ...... 1363-1370 Brookpark Rd. and Grayton Rd. — vacate a portion — Capital Projects — City Planning Commission (Ward 18) (O 859-13)...... 1363-1391 Denison Avenue S.W. and West 48th St. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 14) (R 841-13) ...... 1364-1371 Franklin Ave., N.W. — vacate a portion — Capital Projects — City Planning Commission (Ward 03) (O 858-13) ...... 1362-1390 Grand Avenue S.E. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 05) (R 840-13) ...... 1363-1370 Jefferson Avenue S.W. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 03) (R 838-13) ...... 1363-1370 Rocky River Dr., S.W. — vacate a portion — Capital Projects — City Planning Commission (Ward 18) (O 860-13) ...... 1363-1392 1412 August 21, 2013 The City Record 101

Streets — Name Change

Vashti Ave. (East 124th St. to St. Clair Ave.) — Secondary Name of Roosevelt Pendleton — Penn Barbershop Way — City Planning Commission (Ward 10) (O 1068-13) ...... 1345-1394

Streets Division

Salt, Rock — Streets Division (O 1110-13) ...... 1328

Tax Credits

Stager-Beckwith Mansion — Euclid Ave., 3813 — Ohio Historic Tax Credits (Ward 08) (R 1091-13) ...... 1358-1378 Variety Theatre Building — Lorain Ave., 11815 — Ohio Historic Tax Credit Application (Ward 17) (R 1169-13) ...... 1361-1380

Taxes

Delinquent Taxes and Charges Paid Before Residential Rental and Registration — Amend Section 365.01 (O 1115-13) ...... 1338

Utilities Department

Distribution Water Mains — Cleaning, Cement Mortar Lining and Replacement, 2014 and 2015 (O 1105-13) ...... 1326 Diving and Underwater Inspections — Water Division (O 1109-13) ...... 1327 Landscaping and Tree Lawn Repair, Replacement and Refurbishment — Cleveland Public Power — Water Division — Water Pollution Control Division (O 863-13) ...... 1363-1393 Warehouse Improvements Project — Contract # PI 2010000000044 — Panzica Construction Company (Statement of Final Acceptance) (F 1045-13) ...... 1315-1315

Ward 01

Basketball Education and Recreation Program — Amend Ord. 1397-12 and 268-13 (Ward(s) 18, 01 NEF) (O 1117-13) ...... 1351-1400 Brewer, Jim — Recogniton (R 1156-13) ...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Wilkerson, Lucy B. (Harville) — Condolence (R 1134-13) ...... 1316

Ward 02

Deskins, Angela — Condolence (R 1128-13)...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Griggs, Rev. Eugene C. — Recognition (R 1154-13) ...... 1316 Jackson, Constance Edith — Condolence (R 1127-13) ...... 1316 Mt. Pleasant Community Zone Neighborhood Safety and Security Program — Security Cameras — Agreement — Safety Department (O 1069-13)...... 1345-1394 Nelson, Bertha Ragland — Congratulations (R 1140-13)...... 1316

Ward 03

A Christmas Story — 30th Anniversary — Recognition (R 1152-13) ...... 1316 Amend Grant Agreement No. CT 8006 SG 2013-057 — Community Development — Building Repairs for May Dugan Center (O 846-13)...... 1362-1386 Apply & Accept Clean Ohio Grant — Contract — ODSA — Fairmont Creamery Site — Willey Ave., 1720 (O 1087-13)...... 1348-1397 Archives Apartments/Welcome House, Inc. — Franklin Blvd., 2845 — Submission of Application — Ohio Housing Finance Agency (Ward 03) (F 1047-13) ...... 1315 Bowling, III, Java C. — Condolence (R 1135-13) ...... 1316 Consent Agreement for the repair of the Tower City Bridge Complex (Ward 03) (O 1100-13)...... 1324 Detroit Ave. — Encroach into right-of-way — 8 Front Overhanging Balconies and Sunshades — Ohio City Development Partners, LLC. — Capital Projects (Ward 03) (O 851-13)...... 1362-1388 Donley, M.D., Brian G. — Appreciation (R 1157-13) ...... 1316 East 4th St., 2079 — stock application (Ward 03) (F 1030-13)...... 1315 Euclid Ave., 1305 — stock application (Ward 03) (F 1039-13) ...... 1316 Euclid Ave., 1501 — transfer of location application (Ward 03) (F 1036-13) ...... 1316 Fairfield Ave. and West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (O 1082-13)...... 1342 Franklin Ave., N.W. — vacate a portion — Capital Projects — City Planning Commission (O 858-13) ...... 1362-1390 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Healthy Cleveland (R 978-13) ...... 1364-1371 Jefferson Avenue S.W. — intention to vacate a portion — City Planning Commission — Capital Projects (Ward 03) (R 838-13) ...... 1363-1370 Kastelic, John — Congratulations (R 1142-13) ...... 1316 Kenilworth Ave., Literary Rd. And West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1083-13) ...... 1343 1413 102 The City Record August 21, 2013

Lakeside Ave., 3232 (Bsmt.) — objection to renewal — liquor permit (R 1164-13) ...... 1360-1379 Notre Dame-Cathedral Latin School — 25th Anniversary — Congratulations (R 1143-13) ...... 1316 Professor Ave. and Starkweather Ave. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (O 1084-13) ...... 1344 Professor Ave. (Between W. 10th St. / Jefferson Ave., College Ave. / Jefferson Ave. and Tremont St. / W. 7th St.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (O 1080-13)...... 1339 Reedus, Jr., Maurice A.K.A. “Sax Man” — Recognition (R 1151-13) ...... 1316 Smith, Helen Knipe — Appreciation (R 1158-13) ...... 1316 Steelyard Commons — Amend Ord. 903-07 and Ord. 1362-12 (O 1095-13) ...... 1320 Steelyard Dr., 3586 — transfer of location application — liquor permit (F 1043-13)...... 1316 The Szmagala Family — Recognition (R 1153-13) ...... 1316 West 14th St. (Starkweather Ave. and Auburn Ave.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (O 1081-13) ...... 1341 Willey Ave., and W. 17th St. (Northwest Corner) — Change Use District — City Planning Commission (O 837-13) ...... 1363-1384

Ward 04

City of Cleveland Consent Agreement with ODOT for Rehab. Woodland Ave., — From East 89th St. to East 116th St. (Martin Luther King Jr. Drive) (O 850-13)...... 1362-1387 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Jordan, Arnnetta Jean — Condolence (R 1125-13) ...... 1316 Lewis, Dorothy Jane — Condolence (R 1124-13) ...... 1316 Senior Landscaping and Snow Removal Program — Landscaping and Snow Removal Services for Seniors — Amend Ord. 378-13 (Ward(s) 04, 06 NCF) (O 1118-13)...... 1351-1401 Shaker Sq., 13101 -transfer of location application — liquor permit (F 1040-13) ...... 1316

Ward 05

Broadway Ave. (Between East 49th St. and Mead Ave.) — Encroach into right-of-way — Broadway Arch Public Art Project — Slavic Village Development — Capital Projects (O 852-13) ...... 1362-1388 Burten, Sr., Lonnie — Condolence (R 1131-13) ...... 1316 Dolloff Rd., 5351-55 — objection to renewal — liquor permit (R 1053-13) ...... 1353-1373 East 93rd St., 3489 — objection to issuance — liquor permit (R 1066-13) ...... 1358-1377 Grand Avenue S.E. — intention to vacate a portion — City Planning Commission — Capital Projects (R 840-13)...... 1363-1370 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Stallworth, Pastor Leon — Condolence (R 1132-13) ...... 1316

Ward 06

Carnegie Ave., 8404 — transfer of ownership application — liquor permit (F 1031-13) ...... 1315 Cedar’s Finest/The Jaber Family — Congratulations (R 1148-13) ...... 1316 East 116th St., 3344 — transfer of ownership application — liquor permit (F 1073-13) ...... 1316 East 116th St., 3643 — transfer of ownership application — liquor permit (F 1032-13) ...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Senior Landscaping and Snow Removal Program — Landscaping and Snow Removal Services for Seniors — Amend Ord. 378-13 (Ward(s) 04, 06 NCF) (O 1118-13)...... 1351-1401

Ward 07

Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Hough Ave., 9306 — objection to renewal — liquor permit (R 1057-13) ...... 1355-1374 New Day In Hough Expo — Providing information on various city services and social support programs — agreement — Community Development Department — Hough Development Corp. & Bellaire Puritas Development Corp. (Ward 07 NCF) (O 1070-13) ...... 1345-1394 St. Clair Ave., 6201 (1st Fl.) — objection to renewal — liquor permit (R 1060-13) ...... 1356-1375 St. Clair Ave., 6702 (1st Fl. & Bsmt.) — objection to renewal — liquor permit (R 1061-13)...... 1356-1375 Superior Ave., 6820-24 (1st Fl. & Bsmt.) — objection to renewal — liquor permit (R 1063-13) ...... 1357-1376 Superior Ave., 7017-19 (1st Fl.) — objection to renewal — liquor permit (R 1064-13) ...... 1357-1376 Superior Ave., 8023 — objection to renewal — liquor permit (R 1065-13)...... 1357-1377

Ward 08

Acquire Stager Beckwith Property and sell to Chesler Group, Inc. , Euclid Ave., 3813 (O 1092-13) ...... 1318 Anderson, Eloise Marcus — Condolence (R 1121-13) ...... 1316 Bethany Baptist Church (aka Zion Evangelical Church) — PPN 109-18-001/ 002/ 003/ 004/ 005 — designate as landmark — City Planning Commission (O 1077-13) ...... 1317 Braxton, Marvin A.K.A. “Crazy Marvin” — Congratulations (R 1145-13)...... 1316 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) ...... 1317 1414 August 21, 2013 The City Record 103

Chisholm Steel Shovel Works — East 40th St., 1570-88 — PPN 102-30-08 / 010 / 011 — designate as landmark — City Planning Commission (O 832-13)...... 1361-1382 German Baptist Publication Society Building (1878) — Payne Ave., 3804-12 — PPN 102-39-084 — designate as landmark — City Planning Commission (O 833-13)...... 1361-1383 German Baptist Publication Society Building (1926) — Payne Ave., 3734-3800 — PPN 102-39-004 — designate as landmark — City Planning Commission (O 834-13)...... 1361-1383 Glenville New Life Community Church — PPN 108-25-055 / 056/ 057 — designate as landmark — City Planning Commission (O 835-13) ...... 1361-1383 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Harris, James Richard — Condolence (R 1122-13) ...... 1316 Martin, Sr., Harold — Condolence (R 1123-13) ...... 1316 McDonald, Jeanette Odessa — Condolence (R 1120-13) ...... 1316 Otto Narveleit Building — PPN 108-09-036 — designate as landmark — City Planning Commission (O 1079-13)...... 1318 Stager-Beckwith Mansion — Euclid Ave., 3813 — Ohio Historic Tax Credits (R 1091-13) ...... 1358-1378 Stepp House — East 25th St., 1374 — PPN 102-16-091 — designate as landmark — City Planning Commission (O 836-13) ...... 1361-1384 Woullard, Donnaire Andre — Congratulations (R 1146-13) ...... 1316

Ward 09

Adams, Ellen (Griggs) — Congratulations (R 1138-13) ...... 1316 Bellflower Rd., 11401 — stock application — liquor permit (F 1033-13) ...... 1316 Euclid Ave., 11500 — new application — liquor permit (F 1034-13)...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Green, Luticia Mae — Congratulations (R 1137-13) ...... 1316 Linn Dr., 951 (1st Fl.) objection to renewal — liquor permit (R 1058-13)...... 1355-1374 Madalore, Anthony — Peddling (Ward 09) (O 1170-13)...... 1352-1401 Newcomb, Pinkie — Condolence (R 1133-13) ...... 1316 Sell Property at Euclid Ave. and East 116th St. to the Cleveland Institute of Art — right- of-way Easement (O 1111-13) ...... 1328

Ward 10

Euclid Ave., 17801 — objection to renewal — liquor permit (R 1054-13) ...... 1354-1373 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Halton, Bishop Gabriel S. — Congratulations (R 1144-13) ...... 1316 Ivanhoe Rd. (Southwest side) and Mandalay Ave. — Change Use and Height Districts — City Planning Commission (O 212-12) ...... 1363-1380 St. Clair Ave., 12307 — objection to transfer of liquor license — liquor permit (R 1067-13) ...... 1358-1377 St. Clair Ave., 12307 — transfer of location application — liquor permit (F 1035-13)...... 1316 Terry, Shirellda H. — Condolence (R 1129-13)...... 1316 Vashti Ave. (East 124th St. to St. Clair Ave.) — Secondary Name of Roosevelt Pendleton — Penn Barbershop Way — City Planning Commission (O 1068-13) ...... 1345-1394

Ward 11

Cleveland Chemical Pest Control, Inc. — 110th Anniversary — Congratulations (R 1149-13) ...... 1316 Deskins, Angela — Condolence (R 1128-13)...... 1316 Heeley, Shetisha — Condolence (R 1130-13) ...... 1316 S Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316

Ward 12

Community Development — Lease and option to Purchase Agreement with Fast Track Cycling, Inc. — St. Michael’s Hospital (O 857-13)...... 1362-1390 Deskins, Angela — Condolence (R 1128-13)...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Knettel, Jacqui — Recognition (R 1155-13) ...... 1316 Sutton, Noah — Appreciation (R 1160-13)...... 1316

Ward 13

Bowling, III, Java C. — Condolence (R 1135-13) ...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 State Rd., 4301 — transfer of ownership application — liquor permit (F 1044-13) ...... 1316 State Rd., 4380 — objection to transfer of ownership — liquor permit (R 1062-13) ...... 1356-1376 State Rd., 4555 — transfer of ownership application — liquor permit (F 1029-13) ...... 1315

Ward 14

Denison Avenue S.W. and West 48th St. — intention to vacate a portion — City Planning Commission — Capital Projects (R 841-13) ...... 1364-1371 Denison Avenue Underground Ductbank and Resurfacing Project — Amend Ord. 908-12 (O 1096-13)...... 1322 Fulton Rd., 3357-59 (1st Fl.) — objection to renewal — liquor permit (R 1165-13) ...... 1360-1379 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 1415 104 The City Record August 21, 2013

Puerto Rican Parade & Latino Fest — 45th Annual — Congratulations (R 1147-13)...... 1316 Storer Ave., 6422 — transfer of ownership application — liquor permit (F 1041-13) ...... 1316 West 25th St., 3194 (1st Fl. & Bsmt.) — objection to renewal — liquor permit (R 1163-13)...... 1359-1379

Ward 15

Bachman Court S.W. — intention to vacate a portion — City Planning Commission — Capital Projects (R 839-13)...... 1363-1370 Clark Ave., 5110 (Drive Up Window) (Permit No. 15255190005) — objection to renewal — liquor permit (R 1050-13) ...... 1353-1372 Clark Ave., 5110 (Drive Up Window) (Permit Nos. 9089530 And 90895300005) — objection to renewal — liquor permit (R 1051-13) ...... 1353-1372 Denison Ave., 6501 — objection to renewal — liquor permit (R 1052-13) ...... 1353-1373 Franklin Ave., 5105 — objection to renewal — liquor permit (R 1056-13) ...... 1354-1374 Franklin Blvd., 4719 (1st Fl. Front) — objection to renewal — liquor permit (R 1055-13) ...... 1354-1374 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Lorain Ave., 7115-19 and West 73rd St. — objection to renewal — liquor permit (R 1161-13) ...... 1359-1378 Madalore, Anthony — Peddling (Ward 15) (O 1171-13)...... 1352-1401 The Great Lakes Towing Company and Great Lakes Shipyard — 115th Anniversary — Congratulations (R 1136-13)...... 1316 Waverly Station Subdivision, Phase 3 — Dedication Plat — City Planning Commission (F 1116-13) ...... 1315-1315

Ward 16

Almira Ave., 9800-06-08 — objection to issuance — liquor permit (R 1049-13)...... 1352-1372 Almira Ave., 9806-08 — new application — liquor permit (F 1042-13) ...... 1316 Anderson, Reverend Roland V. — Condolence (R 1167-13) ...... 1316 Approve Assessment Equalization Board Report for Clifton Blvd. (From West 115th St. to Lake Ave.) and proceed with the improvements (O 848-13)...... 1362-1387 Buchanan, Sandy — Recognition (R 1150-13) ...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Orlean WT II, LLC — Project Agreement — West Technical Lofts — Sale of Land for Parking (O 975-13) ...... 1363-1393

Ward 17

Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Heyer, Frances — Condolences (R 1173-13) ...... 1316 Lorain Ave., 11619 — objection to renewal — liquor permit (R 1059-13) ...... 1355-1375 Stephens, Shawn — Peddling (Ward 17)(O 1071-13) ...... 1345-1394 Sweeney, Marge — Recognition (R 1174-13) ...... 1316 The Society of St. E. Premte — 75th Anniversary — Congratulations (R 1139-13)...... 1316 Variety Theatre Building — Lorain Ave., 11815 — Ohio Historic Tax Credit Application (R 1169-13)...... 1361-1380 West 117th St., 3349 — transfer of ownership application — liquor permit (F 1074-13)...... 1316 West 117th St., 3349 (1st Fl. & Rear) — objection to transfer of ownership — liquor permit (R 1166-13)...... 1360-1380 West 130th St., 4282 — new application — liquor permit (F 1037-13) ...... 1316 West 130th St., 4282 — objection to issuance — liquor permit (R 1162-13)...... 1359-1378

Ward 18

Basketball Education and Recreation Program — Amend Ord. 1397-12 and 268-13 (Ward(s) 18, 01 NEF) (O 1117-13) ...... 1351-1400 Bowling, III, Java C. — Condolence (R 1135-13) ...... 1316 Brookpark Rd. and Grayton Rd. — vacate a portion — Capital Projects — City Planning Commission (O 859-13) ...... 1363-1391 Consent Agreement and cause payment for Resurfacing West 130th St., (From Brookpark Rd. to Lorain Ave.) (O 1099-13) ...... 1322 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Patel, Ramesh U. — Congratulations (R 1141-13)...... 1316 Rocky River Dr., S.W. — vacate a portion — Capital Projects — City Planning Commission (O 860-13) ...... 1363-1392 Weatherly, Elaine Frances Wharton — Condolence (R 1126-13)...... 1316 West 130th St., 3935 — transfer of ownership application — liquor permit (F 1038-13)...... 1316

Ward 19

Buchanan, Sandy — Recognition (R 1150-13) ...... 1316 Gray, Patricia Ann (nee Jackson) — Condolence (R 1119-13) ...... 1316 Lorain Ave., 175446 — transfer of location application — liquor permit (F 1075-13) ...... 1316 Taylor, Shirley — Appreciation (R 1159-13) ...... 1316

Water Division

Diving and Underwater Inspections (O 1109-13)...... 1327 1416 August 21, 2013 The City Record 105

Water Pollution Control Division (WPC)

Landscaping and Tree Lawn Repair, Replacement and Refurbishment — Cleveland Public Power — Water Division (O 863-13) ...... 1363-1393

Zoning

Fairfield Ave. and West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1082-13) ...... 1342 Ivanhoe Rd. (Southwest side) and Mandalay Ave. — Change Use and Height Districts — City Planning Commission (Ward 10) (O 212-12)...... 1363-1380 Kenilworth Ave., Literary Rd. and West 11th St. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1083-13) ...... 1343 Professor Ave. and Starkweather Ave. (Intersection) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1084-13) ...... 1344 Professor Ave. (Between W. 10th St. / Jefferson Ave., College Ave. / Jefferson Ave. and Tremont St. / W. 7th St.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1080-13) ...... 1339 West 14th St. (Starkweather Ave. and Auburn Ave.) — Establish Pedestrian Retail Overlay Special Sign District (PRO-S) — City Planning Commission (Ward 03) (O 1081-13) ...... 1341 Willey Ave., and W. 17th St. (Northwest corner) — Change Use District — City Planning Commission (Ward 03) (O 837-13)...... 1363-1384

1417