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

June the Tenth, Two Thousand and Fifteen

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

Kevin J. Kelley President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 24 Board of Control 24 Ward Name Civil Service 26 1 Terrell H. Pruitt Board of Zoning Appeals 27 2 Zachary Reed Board of Building Standards 3 and Building Appeals 28 4 Kenneth L. Johnson Public Notice 28 5 Phyllis E. Cleveland Public Hearings 28 6 Mamie J. Mitchell City of Cleveland Bids 28 7 TJ Dow Adopted Resolutions and Ordinances 29 8 Michael D. Polensek Committee Meetings 62 9 Kevin Conwell Index 62 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Brian Kazy 17 Martin J. Keane

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

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 102 WEDNESDAY, JUNE 10, 2015 No. 5296 CITY COUNCIL MONDAY, JUNE 8, 2015

The City Record The following Committees meet at File No. 726-15. Published weekly by the City Clerk, the Call of the Chair: RE: #7062180. New License Appli- Clerk of Council under authority cation, C1. Prayosha Enterprises of the Charter of the Mayor's Appointments Committee: LLC, 1810 East 12th Street (Ward 3). Dow (CHAIR), Brady, Cleveland, Received. City of Cleveland Kelley, Mitchell. The City Record is available File No. 739-15. online at Operations Committee: Pruitt RE: #1377905. New License Appli- www.clevelandcitycouncil.org (CHAIR), Mitchell, Kelley, Keane, cation, D5J. Chapati LLC, 11440 Address all communications to Zone. Euclid Avenue (Ward 6). Received. PATRICIA J. BRITT Rules Committee: Kelley City Clerk, Clerk of Council CONDOLENCE RESOLUTIONS (CHAIR), Cleveland, Keane, 216 City Hall Polensek, Pruitt. The rules were suspended and the following Resolutions were adopted PERMANENT SCHEDULE by a rising vote: STANDING COMMITTEES OFFICIAL PROCEEDINGS CITY COUNCIL OF THE COUNCIL Res. No. 744-15—Gloria Lee. ______Res. No. 754-15—Anna “Nancy” 2015-2017 Roche (nee McCafferty). Cleveland, MONDAY — Alternating Monday, June 8, 2015 CONGRATULATIONS RESOLUTIONS The meeting of the Council was 9:30 A.M. — Health and Human called to order at 7:02 p.m. with the The rules were suspended and the Services Committee: Cimperman President of Council, Kevin J. Kel- following Resolutions were adopted (CHAIR), Mitchell (VICE-CHAIR), ley, in the Chair. without objection: Brady, Cleveland, Conwell, Cum- mins, J. Johnson. Council Members present: Dona Res. No. 745-15—William Busta. Brady, Anthony Brancatelli, Joe Res. No. 746-15—Rev. Jermaine N. 9:30 A.M. — Municipal Services Cimperman, Phyllis E. Cleveland, and Properties Committee: K. John- Hutchen, Sr. Kevin Conwell, Brian J. Cummins, son (CHAIR), Dow (VICE-CHAIR), Res. No. 747-15— — TJ Dow, Jeffrey D. Johnson, Brian Brancatelli, Cummins, J. Johnson, 100th Anniversary. Kazy, Kevin J. Kelley, Kenneth L. Kazy, Reed. Johnson, Martin J. Keane, Mamie J. RECOGNITION RESOLUTION Mitchell, Michael D. Polensek, Ter- MONDAY rell H. Pruitt, Zack Reed, and The rules were suspended and the 2:00 P.M. — Finance Committee: Matthew Zone. following Resolution was adopted Kelley (CHAIR), Cleveland (VICE- Also present were: Chief of Staff without objection: CHAIR), Brady, Brancatelli, Con- Ken Silliman, Chief Operating Offi- well, Keane, Mitchell, Pruitt, Zone. cer Darnell Brown, Chief of Gov- Res. No. 748-15—Masjid Al-Mu’Min, ernment Affairs Valarie J. McCall, IRM, Inc. TUESDAY Chief of Regional Development Edward W. Rybka, Chief of Educa- APPRECIATION RESOLUTION 9:30 A.M. — Development, Plan- tion Monyka S. Price, Chief of Pub- ning and Sustainability Committee: lic Affairs Natoya Walker-Minor, The rules were suspended and the Brancatelli (CHAIR), Cleveland and Directors Langhenry, Dumas, following Resolution was adopted (VICE-CHAIR), Cimperman, Cum- Davis, Smith, Spronz, Parrilla, without objection: mins, Dow, Pruitt, Zone. McGrath, Cox, O’Leary, Southering- ton, Nichols, Griffin, Collier, Fumich, Res. No. 749-15—Rev. James H. TUESDAY — Alternating Ambroz and Burrows. “Jaime” McCreight.

1:30 P.M. — Utilities Committee: Council Members, Administration, FIRST READING EMERGENCY Pruitt (CHAIR), Brady (VICE- Staff, and those in the audience rose ORDINANCES REFERRED CHAIR), Brancatelli, Cummins, for a moment of silent reflection, Keane, Mitchell, Polensek. and the Pledge of Allegiance. Ord. No. 698-15. By Council Members Conwell and J. 1:30 P.M. — Workforce and Com- MOTION Johnson. munity Benefits Committee: Cleve- An emergency ordinance to add the land (CHAIR), Zone (VICE-CHAIR), On the motion of Council Member name Anna Harris Way as a sec- J.Johnson, Kazy, Polensek, Pruitt, Cleveland, the reading of the min- ondary and honorary name to Yale Reed. utes of the last meeting was dis- Avenue. pensed with and the journal Whereas, this ordinance constitutes WEDNESDAY — Alternating approved. Seconded by Council Mem- an emergency measure providing for ber Brady. the usual daily operation of a munici- 10:00 A.M. — Safety Committee: pal department; now, therefore Zone (CHAIR), Conwell (VICE- FROM OHIO DIVISION OF Be it ordained by the Council of the CHAIR), Cimperman, Kazy, Keane, LIQUOR CONTROL City of Cleveland: Mitchell, Polensek. Section 1. That, notwithstanding File No. 715-15. and as an exception to the Codified 10:00 A.M. — Transportation Com- RE: #5467577. Transfer of Owner- Ordinances of the City of Cleveland, mittee: Keane (CHAIR), Dow ship Application, D5 D6. Mama Bear 1976, the name Anna Harris Way shall (VICE-CHAIR), Conwell, J. Johnson, LLC, 12210 Lorain Avenue (Ward be added as a secondary and honorary K.Johnson, Kazy, Reed. 16). Received. name to Yale Avenue. 841 4 The City Record June 10, 2015

Section 2. That this ordinance is more consultants or one or more firms system, WIFI installation in City- hereby declared to be an emergency of consultants for the purpose of sup- owned and City-leased facilities; and measure and, provided it receives the plementing the regularly employed installation of a Business Intelli- affirmative vote of two-thirds of all staff of the several departments of gence Application (the “2015 IT Capi- the members elected to Council, it the City of Cleveland in order to pro- tal Strategic Plan”). shall take effect and be in force imme- vide professional services necessary Section 2. That the Director of diately upon its passage and approval to evaluate, assess, and remediate the Finance is authorized to employ by by the Mayor; otherwise it shall take Irishtown Bend area, including but contract or contracts one or more con- effect and be in force from and after not limited to conducting Phase I and sultants, computer software develop- the earliest period allowed by law. Phase II environmental site assess- ers, or vendors or one or more firms of Referred to Directors of City Plan- ment, prepare remedial action plan, consultants, computer software devel- ning Commission, Law; Committee on and other related services. opers, or vendors for the purpose of Development Planning and Sustain- The selection of the consultant or supplementing the regularly ability. consultants for the services shall be employed staff of the several depart- made by the Board of Control on the ments of the City of Cleveland to Ord. No. 701-15. nomination of the Director of Eco- acquire one or more software licenses By Council Members Brancatelli nomic Development from a list of and city-wide applications necessary and Kelley (by departmental qualified consultants available for to effectuate the purposes of this ordi- request). employment as may be determined nance which are not obtained under a An emergency ordinance authoriz- after a full and complete canvass by professional services contract autho- ing the Director of Economic Devel- the Director of Economic Develop- rized in this ordinance. opment to enter into one or more ment for the purpose of compiling a Section 3. The selection of the con- multi-party agreements with the Port list. The compensation to be paid for sultants, computer software develop- of Cleveland, Cuyahoga County, Ohio the services shall be fixed by the ers, or vendors for the services Environmental Protection Agency Board of Control. The contract or con- described in Sections 1 and 2, shall be and/or the Environmen- tracts authorized shall be prepared by made by the Board of Control on the tal Protection Agency regarding the the Director of Law, approved by the nomination of the Director of Finance Irishtown Bend site remediation Director of Economic Development, from a list of qualified consultants, located in the City of Cleveland; and and certified by the Director of computer software developers, or ven- to authorize the Director of Economic Finance. dors available for employment as Development to employ one or more Section 3. That the costs of the may be determined after a full and professional consultants to perform agreements shall be paid from Fund complete canvass by the Director of Phase I and Phase II site remediation. No. 17 SF 965, RQS 9501, RL 2015-96. Finance for the purpose of compiling Whereas, the Irishtown Bend area Section 4. That this ordinance is a list. The compensation to be paid for consists of approximately 18 acres declared to be an emergency measure the services shall be fixed by the along the west bank of the Cuyahoga and, provided it receives the affirma- Board of Control. The contract or con- River; and tive vote of two-thirds of all the mem- tracts authorized shall be prepared by Whereas, Irishtown Bend area con- bers elected to Council, it shall take the Director of Law, and approved sists of several parcels of property effect and be in force immediately and certified by the Director of owned by various private and public upon its passage and approval by the Finance. entities; and Mayor; otherwise it shall take effect Section 4. That the Director of Whereas, increased development and be in force from and after the ear- Finance is authorized to make one or and improper grading have combined liest period allowed by law. more written standard purchase con- with aging infrastructure to create a Referred to Directors of Economic tracts and written requirement con- significant instability in the hillside Development, Finance, Law; Commit- tracts under the Charter and the Codi- as it slopes to the , tees on Development Planning and fied Ordinances of Cleveland, Ohio, creating a significant risk of collapse Sustainability, Finance. 1976, the period of requirements to be which could lead to the blockage of determined by the director, for the the Cuyahoga River; and Ord. No. 702-15. necessary items of materials, equip- Whereas, the has By Council Member Kelley (by ment, supplies, and services neces- recently commissioned a study to departmental request). sary to implement the 2015 IT Capital determine the costs and required An emergency ordinance authoriz- Strategic Plan which are not obtained actions to repair the Irishtown Bend ing the Director of Finance to employ under a professional services contract slope and eliminate the risk to the one or more consultants, computer authorized in this ordinance, includ- river; and software developers, or vendors or ing labor and materials if necessary, Whereas, the Ohio Environmental one or more firms of consultants, com- to be purchased by the Commissioner Protection Agency can provide envi- puter software developers, or vendors of Purchases and Supplies on a unit ronmental assessments through its necessary to implement various pro- basis for the Division of Information Targeted Brownfield Assessment pro- jects under the 2015 IT Capital Strate- Technology and Services, Depart- gram; and gic Plan; and to enter into various ment of Finance. Bids shall be taken Whereas, the Director of Economic contracts to implement this ordi- in a manner that permits an award to Development proposed to approach nance. be made for all items as a single con- the United States Environmental Pro- Whereas, this ordinance constitutes tract, or by separate contract for each tection Agency and the County of an emergency measure providing for or any combination of the items as the Cuyahoga to assist with providing the usual daily operation of a munici- Board of Control determines. funding or other resources to help pal department; now, therefore Section 5. That the costs of the reduce or absorb any costs above the Be it ordained by the Council of the requirement contract or contracts Ohio EPA’s program capacity, as well City of Cleveland: shall be charged against the proper as commit up to $100,000 in City fund- Section 1. That the Director of appropriation accounts and the Direc- ing; and Finance is authorized to employ by tor of Finance shall certify the Whereas, this ordinance constitutes contract or contracts one or more con- amount of any purchase under the an emergency measure providing for sultants or one or more firms of con- contract, each of which purchases the usual daily operation of a munici- sultants, for the purpose of supple- shall be made on order of the Commis- pal department; now, therefore menting the regularly employed staff sioner of Purchases and Supplies by a Be it ordained by the Council of the of the several departments of the City delivery order issued against the con- City of Cleveland: of Cleveland in order to provide pro- tract or contracts and certified by the Section 1. That the Director of Eco- fessional services necessary to imple- Director of Finance. nomic Development is authorized to ment various projects under the 2015 Section 6. That under Section 108(b) enter into one or more multi-party IT Capital Strategic Plan, including of the Charter, the purchases autho- agreements with the Port of Cleve- but not limited to, replacing obsolete rized by this ordinance may be made land, Cuyahoga County, Ohio Envi- desktop personal computers, upgrad- through cooperative arrangements ronmental Protection Agency and/or ing Data Center Core room to include: with other governmental agencies. the United States Environmental Pro- the main Storage Area Network The Director of Finance may sign all tection Agency to conduct the assess- (SAN) where the majority of general documents that are necessary to ment, evaluation, and remediation of fund data are stored, migrating phys- make the purchases, and may enter the brownfield condition of the Irish- ical servers to power efficient, sus- into one or more contracts with the town Bend site area located in the tainable Blade Chassis, upgrading vendors selected through that cooper- City of Cleveland. Helpdesk system, system consolida- ative process. Section 2. That the Director of Eco- tion of the Mobile Data Management Section 7. That the cost of the con- nomic Development is authorized to application, upgrading the Voice over tracts and other expenditures autho- employ by contract or contracts one or Internet Protocol (VoIP) telephone rized shall be paid from Fund No. 11 842 June 10, 2015 The City Record 5

SF 006, Request No. RQS 1511, RL Jimmy Bivens Park located on Per- 83, via GPS observation. The prior 2015-94. manent Parcel No. 003-14-007 near the instrument reference is deed volume Section 8. That this ordinance is northwest corner of the intersection 2165, page 246. All 5/8 inch rebar set declared to be an emergency measure of Avenue and West 25th are 30 inches long capped GPD Group. and, provided it receives the affirma- Street is no longer needed for the Section 4. That by and at the direc- tive vote of two-thirds of all the mem- City’s public use. tion of the Board of Control, the Com- bers elected to Council, it shall take Section 2. That notwithstanding missioner of Purchases and Supplies effect and be in force immediately and as an exception to the provisions is authorized to convey the Property upon its passage and approval by the of Chapters 181 and 183 of the Codi- to Snavely under the Option to Sell Mayor; otherwise it shall take effect fied Ordinances of Cleveland, Ohio, Agreement, taking into account all and be in force from and after the ear- 1976, the Director of Public Works is restrictions, and encumbrances liest period allowed by law. authorized to enter into an Option to placed by the City of Cleveland in the Referred to Directors of Finance, Sell Agreement with Snavely for the deeds of conveyance. Law; Committee on Finance. sale of the Property referenced in Sec- Section 5. That the cost of the option tion 1 for redevelopment. agreement and sale by the City to Ord. No. 703-15. Section 3. That notwithstanding Snavely shall be at a price determined By Council Members Cimperman, and as an exception to the provisions to be fair market value by the Board K. Johnson, Brancatelli and Kelley of Chapters 181 and 183 of the Codi- of Control. (by departmental request). fied Ordinances of Cleveland, Ohio, Section 6. That the conveyance An emergency ordinance authoriz- 1976, the Commissioner of Purchases shall be made by an official deed pre- ing the Director of Public Works to and Supplies is authorized to convey pared by the Director of Law and exe- enter into an Option to Sell Agree- the following described Property cuted by the Mayor on behalf of the ment and an Option to Purchase under the Option to Sell Agreement City of Cleveland. The deed shall con- Agreement with Snavely Property referenced in Sections 1 and 2 above, tain necessary provisions, including Company LLC, or its designee, for the as follows: restrictive reversionary interests as sale of a portion of City-owned prop- may be specified by the Board of Con- erty known as Jimmy Bivens Park Legal Description of a trol or Director of Law, which shall 0.291 Acre Parcel located near the northwest corner of protect the parties as their respective the intersection of Detroit Avenue Parcel D – City of Cleveland to Snavely interests require and shall specifical- and West 25th Street for redevelop- ly contain a provision against the ment and for the purchase of a portion Situated in the City of Cleveland, County of Cuyahoga and State of Ohio erection of any advertising signs or of land to be acquired by Snavely and known as being Sublot No. 12 and billboards except permitted identifi- Property Company LLC for the expan- part of Sublot No. 13 in Carter’s Allot- cation signs. sion of Jimmy Bivens Park; authoriz- ment, being a part of Original Brook- Section 7. That notwithstanding ing the Commissioner of Purchases lyn Township Lot Nos. 51 and 70 and and as an exception to the provisions and Supplies to purchase and convey being further bounded and described of Chapter 181 and 183 of the Codified the properties; and authorizing a as follows: Ordinances of Cleveland, Ohio, 1976, it property adoption agreement for pub- Commencing at a one inch iron pin is found and determined that the City lic park amenities. found in a monument box at the inter- of Cleveland needs to purchase a por- Whereas, the City of Cleveland section of the centerline of Detroit tion of Permanent Parcel No. 003-14- owns certain property known as Avenue, 66 feet wide, with the center- 009 from Snavely for the new Jimmy Jimmy Bivens Park located near the line of West 25th Street, width varies,; Bivens Park. northwest corner of the intersection Thence South 59°27'50" West along Section 8. That notwithstanding of Detroit Avenue and West 25th the centerline of Detroit Avenue a dis- and as an exception to the provisions Street, known as Permanent Parcel tance of 166.33 feet; of Chapters 181 and 183 of the Codi- No. 003-14-007, a portion of which is Thence North 30°29'47" West a dis- fied Ordinances of Cleveland, Ohio, not needed for the City’s public use; tance of 33.00 feet to a 5/8 inch rebar 1976, the Director of Public Works is and found at a southeasterly corner of authorized to enter into an Option to Whereas, Snavely Property Compa- PPN. 003-14-008 now or formerly Purchase Agreement with Snavely ny LLC, or its designee, (“Snavely”) is owned by Dilorio Properties Co., LTD. for the purchase of the Property ref- requesting an option to purchase a By AFN:199904090531, said 5/8 inch erenced in Section 7 for the new portion of Permanent Parcel No. 003- rebar found also being the Place of Jimmy Bivens Park. 14-007 to be used in addition to other beginning; Section 9. That notwithstanding privately-owned land, which Snavely and as an exception to the provisions is in the process of acquiring, for rede- Course 1: of Chapters 181 and 183 of the Codi- velopment; and Thence North 30°29'47" West along fied Ordinances of Cleveland, Ohio, Whereas, the City of Cleveland an easterly line of said Dilorio Prop- 1976, the Commissioner of Purchases wishes to purchase a portion of Per- erties Co., LTD. A distance of 178.44 and Supplies is authorized to pur- manent Parcel No. 003-14-009 from feet to a 5/8 inch rebar set; chase the following described Proper- Snavely for a portion of the new ty by quitclaim deed under the Option Jimmy Bivens Park; and Course 2: to Purchase Agreement referenced in Whereas, the City of Cleveland Thence North 59°33'10" East a dis- Sections 7 and 8 above: owns additional property, known as tance of 46.31 feet; Permanent Parcel No. 003-14-006 Legal Description of a which will be part of a newly config- Course 3: 0.0415 Acre Parcel ured Jimmy Bivens Park; and Thence along a non-tangential Parcel B – Snavely to City of Whereas, Snavely wishes to enter curve deflecting to the right having a Cleveland into a property adoption agreement length of 33.80 feet, a radius of 240.08 Commencing at a 1" iron pin monu- for the newly configured Jimmy feet, a delta of 8°03'56", and a chord ment found at the centerline intersec- Bivens Park, to include the remainder which bears South 81°19'31" East a tion of West 25th Street (width of Permanent Parcel No. 003-14-007 distance of 33.77 feet to a 5/8 inch varies) and Detroit Avenue (66 feet and all of Permanent Parcel No. 003- rebar set; wide); thence along said centerline of 14-006 and the portion of Permanent West 25th Street, North 30°29'47" Parcel No. 003-14-009 to be acquired by Course 4: West, for a distance of 104.52 feet to a the City from Snavely, to complement Thence South 30°29'47" East a dis- point therein; thence South 59°30'13" its development with public park tance of 157.02 feet to a 5/8 inch rebar West, for a distance of 35.46 feet to a amenities, including construction of a set on the northerly right of way line point on the westerly line of said multipurpose trail; and of Detroit Avenue; West 25th Street, said point also being Whereas, this ordinance constitutes on the northerly line of lands now or an emergency measure providing for Course 5: formerly conveyed to the City of the usual daily operation of a munici- Thence South 59°27'50"West along Cleveland, PPN 003-14-007; thence pal department; now, therefore the northerly right of way line of along said northerly line of the City Be it ordained by the Council of the Detroit Avenue a distance of 72.49 feet of Cleveland and along the arc of a City of Cleveland: to the place of beginning and contain- curve, deflecting to the left, said Section 1. That notwithstanding ing 0.291 acres of land as surveyed in curve having a radius of 240.08 feet, a and as an exception to the provisions Nov. 2014 and described by GPD delta of 49°35'45" and a chord of of Chapter 181 and 183 of the Codified Group under the supervision of Matt 186.05 feet which bears North Ordinances of Cleveland, Ohio, 1976, it Neff Professional Surveyor, Ohio No. 75°12'01" West, for a distance of is found and determined that a por- 7315. The bearings as used herein are 191.05 feet to the northwest corner of tion of City-owned property known as based on State Plane Grid North, NAD said City of Cleveland, said point also 843 6 The City Record June 10, 2015 being the TRUE POINT OF BEGIN- parcel of land hereinafter described; 79°53'43", a tangent of 33.50 feet and NING for the parcel of land here- thence clockwise along the following a chord of 51.37 feet which bears inafter described; thence clockwise twenty (20) courses and distances: South 74°29'45" East, for a distance of along the following nine (9) courses 1. Thence along said northerly line 55.78 feet to a point; and distances: of Detroit Avenue, South 59°27'50" 18. Thence South 34°32'53" East, for 1. Thence along the westerly line of West, for a distance of 63.51 feet to a a distance of 67.40 feet to a point on said City of Cleveland, South point therein; the westerly line of said West 25th 30°29'47" East, for a distance of 25.44 2. Thence North 30°29'47" West, for Street; feet to a point therein; a distance of 157.02 feet to a point on 19. Thence along said westerly line 2. Thence South 59°33'10" West, for the northerly line of said PPN 003-14- of West 25th Street, and along the arc a distance of 20.94 feet to a point; 007; of a curve, deflecting to the right, said 3. Thence North 30°37'38" West, for 3. Thence along said northerly line curve having a radius of 240.08 feet, a a distance of 16.14 feet to a point; of the City of Cleveland and along the delta of 3°33'11", a tangent of 7.45 4. Thence South 59°22'22" West, for arc of a curve, deflecting to the left, feet and a chord of 14.89 feet which a distance of 29.52 feet to a point; said curve having a radius of 240.08 bears South 50°37'33" East, for a dis- 5. Thence along the arc of a curve, feet, a delta of 8°3'56", a tangent of tance of 14.89 feet to a point therein; deflecting to the left, said curve hav- 16.93 feet and a chord of 33.77 feet 20. Thence continuing along said ing a radius of 39.00 feet, a delta of which bears North 81°19'31" West, for westerly line of West 25th Street, 26°16'09", a tangent of 9.10 feet and a a distance of 33.80 feet to a point South 30°29'47" East, for a distance of chord of 17.72 feet which bears South therein; 57.57 feet to the TRUE POINT OF 72°51'46" West, for a distance of 17.88 4. Thence South 59°33'10" West, for BEGINNING, containing 0.6034 acres feet to a point; a distance of 67.25 feet to a point; (26,283 sq.ft.) of land, more or less, 6. Thence South 59°27'50" West, for 5. Thence North 30°37'38" West, for and subject to all easements, restric- a distance of 17.52 feet to a point; a distance of 16.14 feet to a point; tions and covenants of record as sur- 7. Thence North 30°33'14" West, for 6. Thence South 59°22'22" West, for veyed under the supervision of a distance of 16.28 feet to a point on a distance of 29.52 feet to a point; Matthew C. Neff, P.S. 7315 for Glaus, 7. Thence along the arc of a curve, the centerline of vacated Vermont Pyle, Schomer, Burns and DeHaven, deflecting to the left, said curve hav- Avenue (33 feet wide); dba GPD Group, in May of 2015. ing a radius of 39.00 feet, a delta of 8. Thence along said centerline of Section 13. That this property adop- 26°16'09", a tangent of 9.10 feet and a Vacated Vermont Avenue, North tion shall not be construed as a con- chord of 17.72 feet which bears South 59°28'00" East, for a distance of 57.98 veyance of any right, title, or interest 72°51'46" West, for a distance of 17.88 in public property, but is the grant of feet to a point therein; feet to a point; a privilege revocable at the will of the 9. Thence along the arc of a curve, 8. Thence South 59°27'50" West, for Director of Public Works. deflecting to the right, said curve hav- a distance of 17.52 feet to a point; Section 14. That the Director of Pub- ing a radius of 1000.00 feet, a delta of 9. Thence North 30°33'14" West, for 1°41'14", a tangent of 14.72' and a a distance of 16.28 feet to a point on lic Works is authorized to accept the chord of 29.45 feet which bears North the centerline of Vacated Vermont gift of any improvements and mainte- 81°31'48" East, for a distance of 29.45 Avenue (33 feet wide); nance made to the property. feet to the TRUE POINT OF BEGIN- 10. Thence along said centerline of Section 15. That the property adop- NING, containing 0.0415 acres (1,806 Vacated Vermont Avenue, South tion agreement shall be prepared by sq.ft.) of land, more or less, and sub- 59°28'00" West, for a distance of the Director of Law. ject to all easements, restrictions and 317.52 feet to the southwesterly cor- Section 16. That this ordinance is covenants of record as surveyed ner of lands now or formerly con- declared to be an emergency measure under the supervision of Matthew C. veyed to the City of Cleveland, PPN and, provided it receives the affirma- Neff, P.S. 7315 for Glaus, Pyle, 003-14-006, said point also being on the tive vote of two-thirds of all the mem- Schomer, Burns and DeHaven, dba easterly line of West 28th Street (66 bers elected to Council, it shall take GPD Group, in May of 2015. feet wide); effect and be in force immediately Section 10. That the Option to Sell 11. Thence along said easterly line upon its passage and approval by the Agreement and the Option to Pur- of West 28th Street, North 30°27'50" Mayor; otherwise it shall take effect chase Agreement and other appropri- West, for a distance of 26.50 feet, to and be in force from and after the ear- ate documents needed to effectuate the northwesterly corner of said PPN liest period allowed by law. this ordinance shall be prepared by 003-14-006; Referred to Directors of Public the Director of Law. 12. Thence along the northerly line Works, City Planning Commission, Section 11. That, notwithstanding of said PPN 003-14-006, North Finance, Law; Committees on Munici- and as an exception to the provisions 59°28'00" East, for a distance of 7.08 pal Services and Properties, Develop- of Chapters 181 and 183 and Section feet to a point therein; ment Planning and Sustainability, 133.24 of the Codified Ordinances of 13. Thence continuing along the Finance. Cleveland, Ohio, 1976, the Director of northerly line of said PPN 003-14-006, Public Works is authorized to enter and along the arc of a curve, deflect- Ord. No. 704-15. into a property adoption agreement ing to the left, said curve having a By Council Members Cimperman, with Snavely to maintain, improve, radius of 1021.17 feet, a delta of Brancatelli and Kelley (by depart- and develop the remainder of Perma- 8°26'31", a tangent of 75.36 feet and a mental request). nent Parcel No. 003-14-007 and all of chord of 150.32 feet which bears North An emergency ordinance authoriz- Permanent Parcel No. 003-14-006 and a 47°25'13" East, for a distance of 150.46 ing the Director of Economic Devel- portion of Permanent Parcel No. 003- feet to a point therein; opment to enter into forgivable loan 14-009 to complement its development 14. Thence continuing along said contracts with One Source Technolo- with public park amenities, including northerly lines of PPNs 003-14-006 and gy LLC and/or Asurint, or their a multipurpose trail, consisting of the 003-14-007, and along the arc of a designee, to provide economic devel- following described Property: curve, deflecting to the right, said opment assistance to partially curve having a radius of 1000.00 feet, finance the relocation and expansion Legal Description of a a delta of 14°49'35", a tangent of of their office, tenant build-out of 0.6034 Acre Parcel 130.11 feet and a chord of 258.05 feet vacant office space, acquisition of Parcel C – Consolidated which bears North 74°57'37" East, for office equipment, furniture, fixtures, Jimmy Bivens Park a distance of 258.77 feet to a point; and work stations, and soft costs for Commencing at a 1" iron pin monu- 15. Thence along the arc of a curve, the property located at 1111 Superior ment found at the centerline intersec- deflecting to the right, said curve hav- Avenue, and other associated costs tion of West 25th Street (width ing a radius of 240.08 feet, a delta of necessary to redevelop the property. varies) and Detroit Avenue (66 feet 8°18'53", a tangent of 17.45 feet and a Whereas, this ordinance constitutes wide); thence along said centerline of chord of 34.81 feet which bears North an emergency measure providing for Detroit Avenue, South 59°27'50" 86°09'33" East, for a distance of 34.84 the usual daily operation of a munici- West, for a distance of 30.31 feet to a feet to a point; pal department; now, therefore point therein; thence North 30°32'11" 16. Thence along the arc of a curve, Be it ordained by the Council of the West, for a distance of 33.00 feet to the deflecting to the left, said curve hav- City of Cleveland: intersection of the northerly line of ing a radius of 300.50 feet, a delta of Section 1. That, the Director of Eco- said Detroit Avenue and the westerly 11°34'36", a tangent of 30.46 feet and nomic Development is authorized to line of said West 25th Street, said a chord of 60.61 feet which bears enter a forgivable loan agreement point also being the southeasterly North 71°20'42" East, for a distance of under the Vacant Property Initiative corner of lands now or formerly con- 60.72 feet to a point; with One Source Technology LLC veyed to the City of Cleveland, PPN 17. Thence along the arc of a curve, and/or Asurint, or their designee, in 003-14-007, said point also being the deflecting to the right, said curve hav- an amount of $180,000, and a forgiv- TRUE POINT OF BEGINNING for the ing a radius of 40.00 feet, a delta of able loan agreement in an amount of 844 June 10, 2015 The City Record 7

$100,000, to provide economic develop- vacate a portion of East 117th Street and, provided it receives the affirma- ment assistance to partially finance (50.00 Feet Wide) (formerly Luceil tive vote of two-thirds of all the mem- the relocation and expansion of their Street); and bers elected to Council, it shall take office, tenant build-out of vacant Whereas, notice of the adoption of effect and be in force immediately office space, acquisition of office the above vacation was served on the upon its passage and approval by the equipment, furniture, fixtures, and abutting property owners affected by Mayor; otherwise it shall take effect work stations, and soft costs for the the resolution which stated a time and be in force from and after the ear- property located at 1111 Superior and place when objections would be liest period allowed by law. Avenue, and other associated costs heard before the Board of Revision of Referred to Directors of Capital necessary to redevelop the property. Assessments; and Projects, City Planning Commission, Section 2. That the summary for the Whereas, on May 28, 2015, the Board Finance, Law; Committees on Munici- loans, File No. 704-15-A, made a part of of Revision of Assessments approved pal Services and Properties, Develop- this ordinance as if fully rewritten, is the above vacation under the provi- ment Planning and Sustainability, approved in all respects and shall not sions of Section 176 of the Charter of Finance. be changed without additional leg- the City of Cleveland; and islative authority. Whereas, this Council is satisfied Ord. No. 706-15. Section 3. That the Director of Eco- that there is good cause for vacating By Council Members Zone, K. John- nomic Development is authorized to a portion of the above and that it will son, Brancatelli and Kelley (by accept collateral as the director deter- not be detrimental to the general departmental request). mines is sufficient in order to secure interest and that it should be made; An emergency ordinance to vacate repayment of the loans. and a portion of Father Caruso Drive, Section 4. That the Director of Eco- Whereas, this ordinance constitutes N.W., West 73rd Street and West 74th nomic Development is authorized to an emergency measure providing for Street. accept monies in repayment of the the usual daily operation of a munici- Whereas, under Resolution No. 837- loans and to deposit the monies in pal department; now, therefore 14, adopted September 29, 2014, this Fund Nos. 17 SF 006. Be it ordained by the Council of the Council declared its intention to Section 5. That the Director of Eco- City of Cleveland: vacate a portion of Father Caruso nomic Development is authorized to Section 1. That this Council Drive, N.W., West 73rd Street and charge and accept fees in an amount declares that the following described West 74th Street; and not to exceed the maximum allowable real property is vacated: Whereas, notice of the adoption of fees under federal regulations and Situated in the City of Cleveland, the above vacation was served on the the fees are appropriated to cover County of Cuyahoga and State of Ohio abutting property owners affected by costs incurred in the preparation of and known as being all that portion of the resolution which stated a time the loan applications, closings and East 117th Street (50.00 feet wide) and place when objections would be servicing of the loans. The fees shall (formerly Luceil Street) in the Mar- heard before the Board of Revision of be deposited to and expended from cus E. Cozad and Sarah L. Cozad Re- Assessments; and Fund No. 17 SF 305, Loan Fees Fund. Allotment of part of Original 100 Acre Whereas, on May 28, 2015, the Board Section 6. That the contract and Lots numbers 395, 396, 403 and 404 as of Revision of Assessments approved other appropriate documents needed shown by the recorded plat in volume the above vacation under the provi- to complete the transaction autho- 9, page 28 of Cuyahoga County Map sions of Section 176 of the Charter of rized by this legislation shall be pre- Records, further described as follows: the City of Cleveland; and pared by the Director of Law. Being all the portion of East 117th Whereas, this Council is satisfied Section 7. The contract authorized Street (50.00 Feet Wide) (formerly that there is good cause for vacating in this legislation will require the Luceil Street) extending from the a portion of the above and that it will recipient of financial assistance to southeasterly right of way of Euclid not be detrimental to the general work with, and/or cause their Ten- Avenue to the north right of way of interest and that it should be made; ants to work with, The Workforce Mayfield Road (60.00 feet wide) (for- and Investment Board for Workforce merly State Street). Whereas, this ordinance constitutes Area No. 3 to identify and solicit qual- Legal Description approved by ified candidates for job opportunities Greg Esber, Section Chief, Plats, Sur- an emergency measure providing for related to the City’s contracts, and veys and House Numbering Section. the usual daily operation of a munici- place special emphasis on the hard to Section 2. That there is reserved to pal department; now, therefore employ, including but not limited to the City of Cleveland an easement of Be it ordained by the Council of the the disabled and persons who have full width as described above for City of Cleveland: been convicted of or have pled guilty AT&T, Cleveland Public Power, Section 1. That this Council to a criminal offense, unless the crim- Dominion East Ohio Gas, The Illumi- declares that the following described inal conviction or related circum- nating Company, Greater Regional real property is vacated: stances relate to the duties for the Transit Authority (RTA), Division of Situated in the City of Cleveland, particular job sought. Water. County of Cuyahoga and State of Section 8. That the costs of any That there is reserved an easement Ohio, and known as being part of funding under this ordinance, includ- of full width to the property owner(s) Original Brooklyn Township Lot ing forgivable portions, shall not of Parcel #120-30-116 for Number 30 and 31 and further bound- exceed $280,000, and shall be paid ingress/egress extending from the ed and described as follows Being from Fund Nos. 17 SF 008, RQS 9501, south right of way of Euclid Avenue part of Original Brooklyn Township RL 2015-93 southeasterly along East 117th Street Lot Number 30 and 31 and further Section 9. That this ordinance is (50.00 Feet Wide) (formerly Luceil bounded and described as follows: declared to be an emergency measure Street) 410.6 feet to the first angle Beginning at an iron pin monument and, provided it receives the affirma- point. marking the centerline intersection tive vote of two-thirds of all the mem- That no structures shall be erected of Father Frascati Avenue (variable bers elected to Council, it shall take on the premises described in this ease- width) and West 73rd Street (50 feet effect and be in force immediately ment except those constructed under wide); upon its passage and approval by the the approval of, and in compliance Thence N 00°33'18" E, along said Mayor; otherwise it shall take effect with, plans approved by AT&T, Cleve- centerline of West 73rd Street, a dis- and be in force from and after the ear- land Public Power, Dominion East tance of 76.71 feet to a point; liest period allowed by law. Ohio Gas, The Illuminating Company, Thence N 89°26'42" W, a distance of Referred to Directors of Economic Greater Regional Transit Authority 25.00 feet to a point on the westerly Development, City Planning Commis- (RTA), Division of Water, the proper- line of said West 73rd Street and the sion, Finance, Law; Committees on ty owner(s) of Parcel #120-30-116, and principal point of beginning of the Development Planning and Sustain- the City of Cleveland. premises herein intended to be ability, Finance. Section 3. That provided all described; required approvals have been Ord. No. 705-15. obtained, the Manager of Engineer- Course No. 1: By Council Members Mitchell, K. ing and Construction is directed to Thence N 00°33'18" E, along said Johnson, Brancatelli and Kelley (by record the vacation plat in the office westerly line of West 73rd Street, a departmental request). of the Recorder of Cuyahoga County. distance of 313.46 feet to its intersec- An emergency ordinance to vacate Section 4. That the Clerk of Council tion with the southerly line of Father a portion of East 117th Street (50.00 is directed to transmit a copy of this Caruso Drive (52 feet wide); Feet Wide) (formerly Luceil Street). ordinance to the Fiscal Officer of Whereas, under Resolution No. Cuyahoga County. Course No. 2: 1526-14, adopted December 10, 2014, Section 5. That this ordinance is Thence S 63°31'18" W, along said this Council declared its intention to declared to be an emergency measure southerly line of Father Caruso Drive, 845 8 The City Record June 10, 2015 a distance of 191.24 feet to its inter- Water Pollution Control, and the City Court, as aforesaid, 189.91 feet to the section with the easterly line of West of Cleveland; PRINCIPAL PLACE OF BEGINNING 74th Street (60 feet wide); Section 3. That provided all of a parcel of land herein described; required approvals have been Thence Easterly 66.18 feet along Course No. 3: obtained, the Manager of Engineer- the arc of a curve deflecting to the left Thence S 00°01'18" E, along said ing and Construction is directed to having a radius of 172.00 feet and a easterly line of West 74th Street, a dis- record the vacation plat in the office chord of 65.77 feet which bears North tance of 275.20 feet to its intersection of the Recorder of Cuyahoga County. 79° 02' 01" East to a point of reverse with the northerly line of said Father Section 4. That the Clerk of Council curvature; Frascati Avenue; is directed to transmit a copy of this Thence Easterly 53.53 feet along ordinance to the Fiscal Officer of the arc of a curve deflecting to the Course No. 4: Cuyahoga County. right having a radius of 141.50 feet Thence S 89°58'42" W, along said Section 5. That this ordinance is and a chord of 53.21 feet which bears northerly line of Father Frascati declared to be an emergency measure North 78° 50' 58" East to a point of Avenue, a distance of 60.00 feet to a and, provided it receives the affirma- tangency; point on the westerly line of said tive vote of two-thirds of all the mem- Thence North 89° 41' 16" East, 13.06 West 74th Street; bers elected to Council, it shall take feet to a point; effect and be in force immediately Thence South 00° 11' 02" West, 23.00 Course No. 5: upon its passage and approval by the feet to a point; Thence N 00°01'18" W, a distance of Mayor; otherwise it shall take effect Thence North 89° 56' 38" West, 303.42 feet to its intersection with the and be in force from and after the ear- 129.77 feet to the PRINCIPAL PLACE northerly line of said Father Caruso liest period allowed by law. OF BEGINNING, be the same more or Drive; Referred to Directors of Capital less, and containing 0.0363 Acres of Projects, City Planning Commission, land. Course No. 6: Finance, Law; Committees on Munici- Legal Description approved by Thence N 63°31'18" E, along said pal Services and Properties, Develop- Greg Esber, Section Chief, Plats, Sur- northerly line of Father Caruso Drive, ment Planning and Sustainability, veys and House Numbering Section. a distance of 637.13 feet to its inter- Finance. Section 2. That there is reserved to section with the northerly prolonga- the City of Cleveland an easement of tion of the westerly line of West 70th Ord. No. 707-15. full width as described above for Street (60 feet wide); By Council Members Dow, K. John- Cleveland Public Power, The Illumi- son, Brancatelli and Kelley (by nating Company, and The Division of Course No. 7: departmental request). Water. Thence S 00°11'33" W, along said An emergency ordinance to vacate That no structures shall be erected northerly prolongation of the wester- a portion of Logan Court, N.E. on the premises described in this ease- ly line of West 70th Street, a distance Whereas, under Resolution No. ment except those constructed under of 67.15 feet to its intersection with 1624-14, adopted February 9, 2015, this the approval of, and in compliance the southerly line of said Father Council declared its intention to with, plans approved by Cleveland Caruso Drive; vacate a portion of Logan Court, N.E.; Public Power, The Illuminating Com- and pany, The Division of Water, and the Course No. 8: Whereas, notice of the adoption of City of Cleveland; Thence N 79°45'40" W, along said the above vacation was served on the Section 3. That provided all southerly line of Father Caruso Drive, abutting property owners affected by required approvals have been a distance of 16.73 feet to an angle the resolution which stated a time obtained, the Manager of Engineer- point therein; and place when objections would be ing and Construction is directed to heard before the Board of Revision of record the vacation plat in the office Course No. 9: Assessments; and of the Recorder of Cuyahoga County. Thence S 63°31'18" W, continuing Whereas, on May 28, 2015, the Board Section 4. That the Clerk of Council along said southerly line of Father of Revision of Assessments approved is directed to transmit a copy of this Caruso Drive, a distance of 240.06 feet the above vacation under the provi- ordinance to the Fiscal Officer of to a point of curved turnout between sions of Section 176 of the Charter of Cuyahoga County. said Father Caruso Drive and West the City of Cleveland; and Section 5. That this ordinance is 73rd Street; Whereas, this Council is satisfied declared to be an emergency measure that there is good cause for vacating and, provided it receives the affirma- Course No. 10: a portion of the above and that it will tive vote of two-thirds of all the mem- Thence along the arc of said curved not be detrimental to the general bers elected to Council, it shall take turnout, deflecting to the left, 114.82 interest and that it should be made; effect and be in force immediately feet, said curve having a radius of and upon its passage and approval by the 104.48 feet, delta angle of 62°58'00", Whereas, this ordinance constitutes Mayor; otherwise it shall take effect and a chord which bears S 32°02'18" an emergency measure providing for and be in force from and after the ear- W, a distance of 109.13 feet to a point the usual daily operation of a munici- liest period allowed by law. of tangency; pal department; now, therefore Referred to Directors of Capital Be it ordained by the Council of the Projects, City Planning Commission, Course No. 11: City of Cleveland: Finance, Law; Committees on Munici- Thence S 00°33'18" W, along the Section 1. That this Council pal Services and Properties, Develop- easterly line of said West 73rd Street, declares that the following described ment Planning and Sustainability, a distance of 277.22 feet to a point; real property is vacated: Finance. Situated in the City of Cleveland, Course No. 12: County of Cuyahoga, and State of Ord. No. 708-15. Thence N 89°26'42" W, a distance of Ohio, and known as being part of By Council Members J. Johnson, K. 50.00 feet to the principal point of Original 100 Acre Lot No. 401, also Johnson, Brancatelli and Kelley (by beginning and containing 1.4964 known as being part of the Logan departmental request). acres of land. Company’s Subdivision as shown in An emergency ordinance to vacate Legal Description approved by Volume 40, Page 20 of Cuyahoga a portion of Sorg Court, N.E. Greg Esber, Section Chief, Plats, Sur- County Map Records (C.C.M.R.) and Whereas, under Resolution No. veys and House Numbering Section. more fully bounded and described as 1198-14, adopted October 27, 2014, this Section 2. That there is reserved to follows: Council declared its intention to the City of Cleveland an easement of BEGINNING AT A POINT at the vacate a portion of Sorg Court, N.E.; full width as described above for intersection of the southerly Right-of- and Cleveland Public Power, The Illumi- way of Logan Court (40 feet wide) as Whereas, notice of the adoption of nating Company, North East Ohio shown in the Marsh and Cody Broth- the above vacation was served on the Regional Sewer District, Division of ers’ Re-Subdivision recorded in Vol- abutting property owners affected by Water and Water Pollution Control. ume 14, Page 48 of C.C.M.R., with the the resolution which stated a time That no structures shall be erected easterly Right-of-Way of East 97th and place when objections would be on the premises described in this ease- Street (formerly known as North heard before the Board of Revision of ment except those constructed under Logan Avenue) (56 feet wide); Assessments; and the approval of, and in compliance Thence North 00° 02' 30" East, Whereas, on May 28, 2015, the Board with, plans approved by Cleveland along said easterly Right-of-Way, 8.00 of Revision of Assessments approved Public Power, The Illuminating Com- feet to a point; the above vacation under the provi- pany, North East Ohio Regional Thence South 89° 56' 38" East, par- sions of Section 176 of the Charter of Sewer District, Division of Water, allel with the centerline of Logan the City of Cleveland; and 846 June 10, 2015 The City Record 9

Whereas, this Council is satisfied Whereas, on May 28, 2015, the Board Whereas, this ordinance constitutes that there is good cause for vacating of Revision of Assessments approved an emergency measure providing for a portion of the above and that it will the above vacation under the provi- the usual daily operation of a munici- not be detrimental to the general sions of Section 176 of the Charter of pal department; now, therefore interest and that it should be made; the City of Cleveland; and Be it ordained by the Council of the and Whereas, this Council is satisfied City of Cleveland: Whereas, this ordinance constitutes that there is good cause for vacating Section 1. That the title and Section an emergency measure providing for a portion of the above and that it will 1 of Ordinance No. 832-14, passed the usual daily operation of a munici- not be detrimental to the general March 2, 2015, are amended to read as pal department; now, therefore interest and that it should be made; follows: Be it ordained by the Council of the and An Emergency Ordinance authoriz- City of Cleveland: Whereas, this ordinance constitutes ing the Director of Finance to enter Section 1. That this Council an emergency measure providing for into one or more requirement con- declares that the following described the usual daily operation of a munici- tracts without competitive bidding real property is vacated: pal department; now, therefore with Webtech Wireless Inc. dba Inter- Be it ordained by the Council of the Fleet, Inc. for equipment and services A portion of Sorg Court N.E. City of Cleveland: necessary to host, maintain, and Situated in the City of Cleveland, Section 1. That this Council replace, as needed, components of the County of Cuyahoga and State of declares that the following described automated vehicle locator system and Ohio, being part of original Ten Acre real property is vacated: to begin deploying new automated Lots 126 and 127 in Agnes McIntosh vehicle locator devices in vehicles, for Heirs of Alexander McIntosh Allot- The Vacation of a portion of the various divisions of City govern- ment as shown volume 12, page 46 of West 74th Street ment, for a period of two years, with Cuyahoga County Map Records fur- Situated in the City of Cleveland, two one-year options to renew, the ther described as follows: County of Cuyahoga and State of Ohio first of which requires additional leg- Being all that portion of Sorg Court and being part of Original Brooklyn islative authority. N.E. (12.00 feet wide) and its turnouts Township lot number 28 as shown in Section 1. That this Council deter- extending from the northerly prolon- the Langhorn and Dixon Allotment mines that the within commodities gation of the easterly right of way of recorded in volume 4, page 33 of the are non-competitive and cannot be East 48th Place (12.00 feet wide) east- Cuyahoga County Map Records, fur- secured from any source other than erly to the westerly right of way of ther described as follows: Webtech Wireless Inc. dba Inter- East 49th Street (60.00 feet wide). Being all that portion of West 74th Fleet, Inc. Therefore, the Director of Legal Description approved by Street (14.00 feet wide) (formerly Finance is authorized to make one or Greg Esber, Section Chief, Plats, Sur- Chestnut Alley) extending from the more written requirement contracts veys and House Numbering Section. north line of Clark Avenue S.W. (60.00 with Webtech Wireless Inc. dba Inter- Section 2. That there is reserved to feet wide) northerly to the south right Fleet, Inc., for the requirements for a the City of Cleveland an easement of of way of . period not to exceed two years, with full width as described above for Legal Description approved by two one-year options to renew, the AT&T, Cleveland Public Power, and Greg Esber, Section Chief, Plats, Sur- first of which requires additional leg- The Illuminating Company. veys and House Numbering Section. islative authority, for equipment and That no structures shall be erected Section 2. That there is reserved to services necessary to host, maintain, on the premises described in this ease- the City of Cleveland an easement of and replace, as needed, components of full width as described above for ment except those constructed under the automated vehicle locator system, AT&T, Cleveland Public Power, and the approval of, and in compliance and to begin deploying new automat- The Illuminating Company and a with, plans approved by AT&T, Cleve- ed vehicle locator devices in vehicles ingress/egress easement for the abut- land Public Power, The Illuminating to be purchased by the Commissioner ting property owners. Company, and the City of Cleveland; of Purchases and Supplies on a unit That no structures shall be erected Section 3. That provided all basis, for the various divisions of City on the premises described in this ease- required approvals have been government. The first of the one-year ment except those constructed under options to renew may not be exercised obtained, the Manager of Engineer- the approval of, and in compliance ing and Construction is directed to without additional legislative author- with, plans approved by AT&T, Cleve- ity. If such additional legislative record the vacation plat in the office land Public Power, The Illuminating of the Recorder of Cuyahoga County. authority is granted and the first of Company, and the City of Cleveland; the one-year options to renew is exer- Section 4. That the Clerk of Council Section 3. That provided all is directed to transmit a copy of this cised, then the second of the one-year required approvals have been options to renew may be exercisable ordinance to the Fiscal Officer of obtained, the Manager of Engineer- at the option of the Director of Cuyahoga County. ing and Construction is directed to Finance, without the necessity of Section 5. That this ordinance is record the vacation plat in the office obtaining additional authority of this declared to be an emergency measure of the Recorder of Cuyahoga County. Council. and, provided it receives the affirma- Section 4. That the Clerk of Council Section 2. That the existing title tive vote of two-thirds of all the mem- is directed to transmit a copy of this and Section 1 of Ordinance No. 832-14, bers elected to Council, it shall take ordinance to the Fiscal Officer of passed March 2, 2015, are repealed. effect and be in force immediately Cuyahoga County. Section 3. That Ordinance No. 832- upon its passage and approval by the Section 5. That this ordinance is 14, passed March 2, 2015, is supple- Mayor; otherwise it shall take effect declared to be an emergency measure mented by adding new Section 3 to and be in force from and after the ear- and, provided it receives the affirma- read as follows: liest period allowed by law. tive vote of two-thirds of all the mem- Section 3. That under Section 108(b) Referred to Directors of Capital bers elected to Council, it shall take of the Charter, the purchases autho- Projects, City Planning Commission, effect and be in force immediately rized by this ordinance may be made Finance, Law; Committees on Munici- upon its passage and approval by the through cooperative arrangements pal Services and Properties, Develop- Mayor; otherwise it shall take effect with other governmental agencies. ment Planning and Sustainability, and be in force from and after the ear- The Director of Finance may sign all Finance. liest period allowed by law. documents that are necessary to Referred to Directors of Capital make the purchases, and may enter Ord. No. 709-15. Projects, City Planning Commission, into one or more contracts with the By Council Members Zone, K. John- Finance, Law; Committees on Munici- vendors selected through that cooper- son, Brancatelli and Kelley (by pal Services and Properties, Develop- ative process. departmental request). ment Planning and Sustainability, Section 4. That existing Section 3 of An emergency ordinance to vacate Finance. Ordinance No. 832-14, passed March 2, a portion of West 74th Street. 2015 is renumbered to new “Section 4”. Whereas, under Resolution No. Ord. No. 710-15. Section 5. That this ordinance is 1245-14, adopted December 8, 2014, this By Council Member Kelley (by declared to be an emergency measure Council declared its intention to departmental request). and, provided it receives the affirma- vacate a portion of West 74th Street; An emergency ordinance to amend tive vote of two-thirds of all the mem- and the title and Section 1 of Ordinance bers elected to Council, it shall take Whereas, notice of the adoption of No. 832-14, passed March 2, 2015; and to effect and be in force immediately the above vacation was served on the supplement the ordinance by adding upon its passage and approval by the abutting property owners affected by new Section 3; to renumber existing Mayor; otherwise it shall take effect the resolution which stated a time Section 3 to new Section 4, relating to and be in force from and after the ear- and place when objections would be a contract with Webtech Wireless liest period allowed by law. heard before the Board of Revision of Inc. dba InterFleet, Inc. for an auto- Referred to Directors of Finance, Assessments; and mated vehicle locator system. Law; Committee on Finance. 847 10 The City Record June 10, 2015

Ord. No. 711-15. public peace, property, health, and and distribution age from eighteen to By Council Member Kelley (by safety in that the immediate protec- twenty-one years for cigarettes, departmental request). tion of the historic landmark is neces- tobacco products and alternative nico- An emergency ordinance authoriz- sary to safeguard the special histori- tine products, including electronic ing the Director of Finance to exer- cal, community, or aesthetic interest cigarettes. cise the second option to renew Con- or value in the landmark; now, there- Whereas, raising the minimum age tract No. RC 2013-9 with Advance Door fore to buy and sell cigarettes and other Company to provide labor and materi- Be it ordained by the Council of the tobacco products to twenty-one would als needed to maintain, replace, or City of Cleveland: save lives by preventing adolescents repair overhead doors, for the various Section 1. That the Leisy Brewery and young adults from ever taking up divisions of City government. Bottling Works Building whose smoking, according to a recent report Whereas, under the authority of street addresses in the City of Cleve- by the Ohio State University College Ordinance Nos. 652-12, passed May 21, land are 3506 Vega Avenue, S. W., and of Public Health; and 2012, as amended by Ordinance No. 2746 to 2758 Fulton Road, S. W., Cuya- Whereas, many eighteen year olds 1043-12, passed August 8, 2012, the hoga County Auditor’s Permanent who legally buy cigarettes currently Director of Finance entered into Con- Parcel Number is 007-18-002, and is share them with much younger chil- tract No. RC 2013-9 with Advance Door also known as the following dren who become addicted to smok- Company to provide labor and materi- described property: ing; and als needed to maintain, replace, or Situated in the City of Cleveland, Whereas, youth access to tobacco repair overhead doors, including man- County of Cuyahoga and State of Ohio products will decrease upon raising ual and electric, rolling doors, gates, and known as being part of Sublot the minimum age to twenty-one by and security shutters, for the various Nos. 518 to 525, both inclusive, in putting legal purchasers outside the divisions of City government; and Hiram Stone’s Subdivision of part of social circle of most high school stu- Whereas, Ordinance Nos. 652-12, as Original Brooklyn Township Lot Nos. dents, as 90% of the population that 53 and 68, as shown by the recorded amended by Ordinance No. 1043-12, provides cigarettes to children under plat in Volume 1 of Maps, Page 41 of requires further legislation before eighteen are under twenty-one; and Cuyahoga County Records and exercising the second option to renew Whereas, when Needham, Massa- on this contract; and together forming a parcel of land bounded and described as follows: chusetts increased its sales age to Whereas, this ordinance constitutes twenty-one in 2005, collected data an emergency measure providing for Beginning at the intersection of the Westerly line of Fulton Road, S.W., showed almost a 50% decrease in the usual daily operation of a munici- tobacco use rates among high school pal department; now, therefore with the Northerly line of Vega students; and Be it ordained by the Council of the Avenue, S. W.; Whereas, locally, data from the City of Cleveland: Thence Westerly along said most recent Cuyahoga County Youth Section 1. That the Director of Northerly line of Vega Avenue, S. W. Risk Behavior Survey in 2013 indi- Finance is authorized to exercise the 363.10 feet to the Southeasterly line of second option to renew Contract No. Train Avenue, S. W. (formerly Vega cates over 22% of high school stu- RC 2013-9 for an additional year in the Avenue, S. W.); dents in Cuyahoga County use tobac- approximate amount of $65,543, with Thence Northeasterly along said co products; within the City of Cleve- Advance Door Company for the Southeasterly line of Train Avenue, S. land, rates range between 23.1% on requirements for an additional year W. (formerly Walworth Avenue, S. the west side and 25.1% on the east to provide labor and materials needed W.) 255.45 feet to an angle; side; and to maintain, replace, or repair over- Thence continuing Northeasterly Whereas, nearly all adult smokers head doors, including manual and along said Southeasterly line of Train began smoking by the age of eighteen electric, rolling doors, gates, and Avenue, S. W. (formerly Walworth and almost no one starts smoking security shutters, for the various divi- Avenue, S.W.) 162.50 feet to the West- after twenty-one; and sions of City government. This ordi- erly line of Fulton Road, S.W.; Whereas, of those who begin smok- nance constitutes the additional leg- Thence Southerly along said West- ing as youths, 80% will smoke into islative authority required by Ordi- erly line of Fulton Road, S. W. 45.80 adulthood because of the powerful nance Nos. 652-12, as amended by Ordi- feet to an angle; effects of nicotine, and one half of nance No. 1043-12, to exercise this Thence continuing Southerly along adult smokers will die prematurely option. said Westerly line of Fulton Road, from tobacco-related diseases; and Section 2. That this ordinance is S.W. 171.39 feet to the place of begin- Whereas, also, in Franklin County, declared to be an emergency measure ning, as appears by said plat, be the twice as many young women ages same more or less, but subject to legal and, provided it receives the affirma- eighteen to twenty-one smoke during highways; tive vote of two-thirds of all the mem- pregnancy than those over twenty- Legal Description approved by bers elected to Council, it shall take one; given the fact that smoking dur- Greg Esber, Section Chief Plats, Sur- effect and be in force immediately ing pregnancy increases risks of pre- upon its passage and approval by the veys and House Numbering Section Division of Engineering & Construc- mature infant death and birth defects, Mayor; otherwise it shall take effect raising the smoking age to twenty- and be in force from and after the ear- tion which in its entirety is a property hav- one may reduce negative birth out- liest period allowed by law. comes; and Referred to Directors of Finance, ing special character or special his- Whereas, the City of Cleveland and Law; Committee on Finance. torical or aesthetic value as part of the development, heritage, or cultural the State of Ohio already prohibit the sale or distribution of cigarettes, Ord. No. 712-15. characteristics of the City, State, or other tobacco products, and alterna- By Council Member Cimperman. the United States, is designated a An emergency ordinance designat- landmark under Chapter 161 of the tive nicotine products, including elec- ing the Leisy Brewery Bottling Codified Ordinances of Cleveland, tronic cigarettes, to children under Works Building as a Cleveland Land- Ohio, 1976. the age of eighteen, and this Council mark. Section 2. That this ordinance is is compelled to raise the age to twen- Whereas, under Chapter 161 of the declared to be an emergency measure ty-one in order to prevent Cleveland’s Codified Ordinances of Cleveland, and, provided it receives the affirma- children and young adults from tak- Ohio, 1976, the Cleveland Landmarks tive vote of two-thirds of all the mem- ing up smoking and the harmful Commission (the “Commission”), has bers elected to Council, it shall take health effects of smoking; and proposed to designate the Leisy Brew- effect and be in force immediately Whereas, more than fifty munici- ery Bottling Works Building as a upon its passage and approval by the palities, including New York City, landmark; and Mayor; otherwise it shall take effect have raised the age to buy tobacco Whereas, the owner of the Leisy and be in force from and after the ear- products to twenty-one and at least Brewery Bottling Works Building liest period allowed by law. eight states have proposals pending has been properly notified and has Referred to Directors of City Plan- in their legislatures; and consented in writing to the proposed ning Commission, Law; Committee on Whereas, this ordinance constitutes designation; and Development, Planning and Sustain- an emergency measure providing for Whereas, the Commission has rec- ability. the usual daily operation of a munici- ommended designation of the Leisy pal department; now, therefore Brewery Bottling Works Building as Ord. No. 737-15. Be it ordained by the Council of the a landmark and has set forth certain By Council Member Cimperman. City of Cleveland: findings of fact constituting the basis An emergency ordinance to amend Section 1. That Section 607.15 of the for its decision; and Section 607.15 of the Codified Ordi- Codified Ordinances of Cleveland, Whereas, this ordinance constitutes nances of Cleveland, Ohio, 1976, as Ohio 1976, as amended by Ordinance an emergency measure providing for amended by Ordinance No. 474-14, No. 474-14, passed June 2, 2014, is the immediate preservation of the passed June 2, 2014, to raise the sales amended as follows: 848 June 10, 2015 The City Record 11

Section 607.15 Illegal Distribution appearance shall not constitute a (2) The person who gave, sold, or of Cigarettes, Other Tobacco Prod- defense in any proceeding alleging distributed cigarettes, other tobacco ucts or Alternative Nicotine Products the sale of cigarettes, tobacco prod- products, alternative nicotine prod- (a) As used in this section: ucts or electronic cigarettes to an ucts, or papers used to roll cigarettes (1) A. "Alternative nicotine prod- individual under twenty-one years of to a child or young adult under divi- uct" means, subject to division age; sion (b)(1) of this section is a parent, (a)(1)B. of this section, an electronic (3) Give away, sell or distribute cig- spouse who is twenty-one (21) years cigarette or any other product or arettes, other tobacco products, alter- of age or older, or legal guardian of device that consists of or contains native nicotine products, or papers the child or young adult. nicotine that can be ingested into the used to roll cigarettes in any place (e) It is not a violation of division body by any means, including, but not that does not have posted in a con- (b)(1) or (2) of this section for a per- limited to, chewing, smoking, absorb- spicuous place a sign, in accordance son to give or otherwise distribute to ing, dissolving, or inhaling. with rules of the Department of Pub- a child or young adult cigarettes, B. "Alternative nicotine product" lic Health, stating that giving, selling other tobacco products, alternative does not include any of the following: or otherwise distributing cigarettes, nicotine products, or papers used to (i) Any cigarette or other tobacco other tobacco products, alternative roll cigarettes while the child or product; nicotine products or papers used to young adult is participating in a (ii) Any product that is a "drug" as roll cigarettes to a person under twen- research protocol if all of the follow- that term is defined in 21 U.S.C. ty-one (21) years of age is prohibited ing apply: 321(g)(1); by law; (1) The parent, guardian, or legal (iii) Any product that is a "device" (4) Knowingly furnish any false custodian of the child or young adult as that term is defined in 21 U.S.C. information regarding the name, age, has consented in writing to the child 321(h). or other identification of any child or young adult participating in the (iv) Any product that is a "combi- with purpose to obtain cigarettes, research protocol. nation product" as described in 21 other tobacco products, alternative (2) An institutional human subjects U.S.C. 353(g). nicotine products, or papers used to protection review board, or equiva- (2) "Child or young adult" means a roll cigarettes for that child or young lent entity, has approved the research person who is under twenty-one years adult; protocol. of age. (5) Manufacture, sell, or distribute (3) The child or young adult is par- (3) "Cigarette" includes clove ciga- in this City any pack or other contain- ticipating in the research protocol at rettes and hand-rolled cigarettes. er of cigarettes or alternative nico- the facility or location specified in the (4) "Distribute" means to furnish, tine products containing fewer than research protocol. give, or provide cigarettes, other twenty (20) cigarettes or any pack- (f) (1) Whoever violates division tobacco products, alternative nicotine age of roll-your-own tobacco contain- (b)(1), (2), (4), or (5) or division (c) products, or papers used to roll ciga- ing less than six-tenths (0.6) of one is guilty of illegal distribution of cig- rettes to the ultimate consumer of the (1) ounce of tobacco; arettes, other tobacco products, or cigarettes, other tobacco products, or (6) Sell cigarettes or alternative alternative nicotine products. Except papers used to roll cigarettes. nicotine products in a smaller quanti- as otherwise provided in this division, (5) A. "Electronic cigarette" illegal distribution of cigarettes, means, subject to division (a)(5)B. of ty than that placed in the pack or other container by the manufacturer; other tobacco products, or alternative this section, any electronic product or nicotine products is a misdemeanor of device that produces a vapor that (7) Sell other tobacco products in a smaller quantity than was intended the fourth degree. If the offender has delivers nicotine or any other sub- previously been convicted of a viola- stance to the person inhaling from the for retail when the product was pack- aged by the manufacturer. tion of division (b)(1), (2), (4), or (5) device to simulate smoking and that or division (c) of this section or divi- is likely to be offered to or purchased (c) No person shall sell or offer to sell cigarettes, other tobacco prod- sions (B)(1), (2), (4), or (5) or (C) of by consumers as an electronic ciga- RC 2927.02, then illegal distribution of rette, electronic cigar, electronic ciga- ucts, or alternative nicotine products cigarettes, other tobacco products, or rillo, or electronic pipe. by or from a vending machine except alternative nicotine products is a mis- B. "Electronic cigarette" does not in the following locations: demeanor of the third degree. include any item, product, or device (1) An area either: (2) Whoever violates division described in the definition of alterna- A. Within a factory, business, (b)(3) of this section is guilty of per- tive nicotine product contained in this office, or other place not open to the mitting children or young adults to section. general public; or use cigarettes, other tobacco prod- (6) "Tobacco product" means any B. To which persons under the age product that is made from tobacco, of twenty-one (21) years are not gen- ucts, or alternative nicotine products. including, but not limited to, a ciga- erally permitted access; Except as otherwise provided in this rette, a cigar, pipe tobacco, chewing (2) In any other place not identified division, permitting children or tobacco, or snuff. in division (c)(1) of this section, upon young adults to use cigarettes, other (7) "Vending machine" has the all of the following conditions: tobacco products, or alternative nico- same meaning as "coin machine" in A. The vending machine is located tine products is a misdemeanor of the RC 2913.01. within the immediate vicinity, plain fourth degree. If the offender previ- (b) No manufacturer, producer, dis- view, and control of the person who ously has been convicted of a viola- tributor, wholesaler or retailer of cig- owns or operates the place, or an tion of division (b)(3) of this section arettes, other tobacco products, or employee of such person, so that all or division (B)(3) of RC 2927.02, per- papers used to roll cigarettes, and no cigarettes, other tobacco product, and mitting children or young adults to agent, employee or representative of alternative nicotine product purchas- use cigarettes, other tobacco prod- a manufacturer, producer, distributor, es from the vending machine will be ucts, or alternative nicotine products wholesaler or retailer of cigarettes, readily observed by the person who is a misdemeanor of the third degree. other tobacco products, alternative owns or operates the place or an (g) Any cigarettes, other tobacco nicotine products, or papers used to employee of such person. For the pur- products, alternative nicotine prod- roll cigarettes, and no other person pose of this section, a vending ucts, or papers used to roll cigarettes shall do any of the following: machine located in any unmonitored that are given, sold, or otherwise dis- (1) Give, sell or otherwise distrib- area, including an unmonitored coat- tributed to a child or young adult in ute cigarettes, other tobacco prod- room, restroom, hallway, or outer violation of this section and that are ucts, alternative nicotine products, or waiting area, shall not be considered used, possessed, purchased, or papers used to roll cigarettes to any within the immediate vicinity, plain received by a child or young adult in child or young adult; view, and control of the person who violation of RC 2151.87 are subject to (2) Give, sell or otherwise distrib- owns or operates the place, or an seizure and forfeiture as contraband ute cigarettes, other tobacco prod- employee of such person. under RC Chapter 2981. ucts, alternative nicotine products, or B. The vending machine is inacces- Section 2. That existing Section papers used to roll cigarettes to any sible to the public when the place is 607.15 of the Codified Ordinances of individual who does not demonstrate, closed. Cleveland, Ohio 1976, as amended by through a driver’s license or other (d) The following are affirmative Ordinance No. 474-14, passed June 2, photographic identification card defenses to a charge under division 2014, is repealed. issued by a government entity or edu- (b)(1) of this section: Section 3. That the amendments to cational institution that the individ- (1) The child or young adult was Section 607.15 shall take effect sixty ual is at least twenty-one years of accompanied by a parent, spouse who days after the effective date of this age, unless the individual reasonably is twenty-one (21) years of age or ordinance. appears to be at least thirty years of older, or legal guardian of the child or Section 4. That this ordinance is age, provided however, that such young adult; declared to be an emergency measure 849 12 The City Record June 10, 2015 and, provided it receives the affirma- C. “Member of the police force” Section 2. That this ordinance is tive vote of two-thirds of all the mem- means any sworn member of the City hereby declared to be an emergency bers elected to Council, it shall take of Cleveland’s Division of Police, and measure and, provided it receives the effect and be in force immediately also Special Policemen commissioned affirmative vote of two-thirds of all upon its passage and approval by the pursuant to section 135.20. the members elected to Council, it Mayor; otherwise it shall take effect D. “Chief” means the Chief of the shall take effect and be in force imme- and be in force from and after the ear- Division of Police of the City of Cleve- diately upon its passage and approval liest period allowed by law. land. by the Mayor; otherwise it shall take Referred to Directors of Public (2) Prohibition. No member of the effect and be in force from and after Health, Finance, Law; Committees on police force shall engage in biased- the earliest period allowed by law. Health and Human Services, Finance. based profiling. Referred to Directors of Public (3) Data Recording. Whenever a Safety, Finance, Law; Committees on Ord. No. 750-15. member of the police force makes an Safety, Finance. By Council Members Zone and Con- investigatory stop or investigatory well. detention, the member of the police Ord. No. 753-15. An emergency ordinance to supple- force shall record the following data By Council Member Cimperman. ment the Codified Ordinances of on forms developed by the Chief for An emergency ordinance to amend Cleveland Ohio, 1976 by enacting new that purpose: Section 171.65 of the Codified Ordi- Section 135.042 thereof, relating to A. the name and badge number of nances of Cleveland, Ohio, 1976, as establishment of a policy with respect the member of the police force mak- amended by Ordinance No. 1444-13, to biased-based profiling. ing the stop; passed May 18, 2015, to direct the Whereas, biased-based profiling is B. the date and time of the stop; Director of Human Resources to an unnecessary, objectionable proce- C. the location of the stop; allow employees to add their same- dure by police which involves engag- D. the duration of the stop; sex domestic partner and partner’s ing, investigating or stopping a citi- E. the actual or perceived race, eth- children to their benefits plan imme- zen on the pretext of investigating a nicity, approximate age and gender diately upon registration with the crime or suspected criminal activity of the subject of the stop, so long as Domestic Partner Registry. based solely on the citizen’s actual or the information shall not be required Whereas, this ordinance constitutes perceived race, ethnicity, religion, to be provided by the subject of the an emergency measure providing for sexual orientation or gender identity stop; the usual daily operation of a munici- or gender expression, national origin F. if a vehicle stop, the presence pal department; now, therefore or citizenship, English language pro- and number of any passengers; Be it ordained by the Council of the ficiency or inclusion in a protected G. if a vehicle stop, whether the dri- City of Cleveland: class; and ver or any passenger was required to Section 1. That Section 171.65 of the Whereas, this City’s police officers exit the vehicle, and the reason for Codified Ordinances of Cleveland, are prohibited from engaging a citi- doing so; Ohio 1976, as amended by Ordinance zen using profiling that is based sole- H. the reason for the stop, including No. 1444-13, passed May 18, 2015, is ly on physical appearance, physical a brief description of the facts creat- amended as follows: characteristics and mannerisms as ing reasonable suspicion; belonging to a specific minority I. whether any individual was Section 171.65 Domestic Partner group or other protected class; and asked to consent to a search and Benefits Whereas, the Cleveland Division of whether such consent was given; (a) For the purpose of the follow- Police is committed to the fair and J. whether a pat-down, frisk, or ing benefits, employees and their impartial enforcement of the law and other non-consensual search was per- same-sex domestic partners regis- shall take all appropriate actions nec- formed on any individual or vehicle, tered pursuant to Chapter 109 and in essary to maintain the public’s trust including a brief description of the full compliance with the domestic by aggressively investigating all facts justifying the action; partnership criteria established in allegations of biased-based profiling; and K. a full description of any contra- that chapter, shall be treated in the Whereas, this City recognizes that band or evidence seized from any same manner as City employees and biased-based profiling is unaccept- individual or vehicle; their spouses: hospitalization/health able to the fundamental principles of L. the disposition of the investiga- insurance, prescription drug pro- a free and democratic society and has tory stop, including whether a cita- gram, dental care insurance, vision a corrosive effect on the relationship tion or summons was issued to, or an care insurance, sick leave and funeral that law enforcement has with the arrest made of any individual, includ- leave for as long as the employees people it serves; and ing the charge(s); and and their same-sex domestic partners Whereas, this ordinance constitutes M. any additional information the remain registered and remain in full an emergency measure providing for Chief deems necessary. compliance with the domestic part- the usual daily operation of a munici- (4) Assessment. All data recorded nership criteria. pal department; now, therefore pursuant to this section shall be col- (b) An employee’s registered same- Be it ordained by the Council of the lected and submitted at least annual- sex domestic partner and the part- City of Cleveland: ly to an individual or individuals des- ner’s family shall be considered as Section 1. That the Codified Ordi- ignated by the Director and the Chief “family members” with respect to City nances of Cleveland, Ohio, 1976, are who are responsible for coordinating of Cleveland nepotism policies. hereby supplemented by enacting data collection and analysis and who (c) The Director of Human new Section 135.042 to read as follows: shall evaluate such data in accor- Resources shall make rules to govern Section 135.042 Establishment of dance with developed protocol to the provision of same-sex domestic Policy with Respect to Biased-Based determine whether disparities exist partner benefits, which rules shall Profiling in investigatory stops or investigato- comply with this section and which (a) The Director, with the Chief of ry detentions that cause a dispropor- shall outline the evidence that shall Police, shall establish a policy within tionately adverse effect on a particu- be necessary to substantiate that the the Division of Police with respect to lar group or groups because of biased- employee and their same-sex domes- biased-based profiling which policy based profiling. tic partner are in full compliance with shall incorporate the following: (b) Annual Report; Remedial the domestic partnership criteria (1) Definitions. Action. established in Chapter 109. The rules A. “Biased-based profiling” means (1) The designated individual or shall also provide reporting require- to stop, detain, investigate, search, individuals conducting the assess- ments for a change in relevant cir- seize or arrest an individual based ment pursuant to division (a)(4) cumstances and for submission of evi- solely on the individual’s actual or shall submit a written report of their dence as necessary for periodic perceived race, color, ethnicity, reli- findings to the Community Police review of compliance. gion, sexual orientation, gender iden- Commission and to Cleveland City (d) The Director of Human tity or gender expression, national Council, and to any other entities as Resources shall allow employees to origin, citizenship, English language required. Such report shall be submit- add their same-sex domestic partner proficiency or inclusion in a protected ted annually and shall be made pub- and partner’s children to their bene- class. licly available to the extent permitted fits plan as provided herein immedi- B. “Investigatory stop” or “investi- by law. ately upon registration pursuant to gatory detention” means a temporary (2) If the statistical data collected Chapter 109. restraint where the subject of the stop and analyzed shows a pattern of Section 2. That existing Section or detention reasonably believes that biased-based profiling by the Divi- 171.65 of the Codified Ordinances of he or she is not free to leave. An inves- sion of Police, the Director and Chief Cleveland, Ohio 1976, as amended by tigatory stop or detention may be a shall institute remedial actions to Ordinance No. 1444-13, passed May 18, pedestrian, vehicle or bicycle stop. eradicate those practices. 2015, is repealed. 850 June 10, 2015 The City Record 13

Section 3. That this ordinance is Whereas, the Petition, the Articles expense of such work upon benefited declared to be an emergency measure and the Plan have been filed with the property in the District and declaring and, provided it receives the affirma- Clerk of Council and copies have been an emergency. tive vote of two-thirds of all the mem- delivered to the Mayor of the City; and Whereas, this resolution consti- bers elected to Council, it shall take Whereas, the Petition is to be tutes an emergency measure provid- effect and be in force immediately approved or disapproved by resolu- ing for the usual daily operation of a upon its passage and approval by the tion of this Council within sixty days municipal department; now, therefore Mayor; otherwise it shall take effect of the filing of the Petition with the Be it resolved by the Council of and be in force from and after the ear- City; and the City of Cleveland: liest period allowed by law. Whereas, this resolution consti- Section 1. That Resolution No. 1386- Referred to Directors of Human tutes an emergency measure provid- 05 established the Downtown Cleve- Resources, Finance, Law; Committee ing for the usual daily operation of a land Improvement District. on Finance. municipal department; now, therefore Section 2. That Resolution No. 699- Be it resolved by the Council of 15 accepted the Petition of the proper- FIRST READING EMERGENCY the City of Cleveland: ty owners in the RESOLUTIONS REFERRED Section 1. That the Petition, the Improvement District, and certain Articles and the Plan, referred to in additional property, to approve the Res. No. 699-15. the preambles of this resolution and expansion of the Downtown Cleve- By Council Members Cimperman, on file in File No. 699-15-A, are land Improvement District (as so Brancatelli and Kelley (by depart- approved. expanded, the “District”) and a com- mental request). Section 2. Pursuant to Chapter 1710 prehensive services plan (the “Plan”) An emergency resolution approv- of the Ohio Revised Code, the Peti- for the continuation of operations of ing the expansion of the Downtown tion, the Articles and this resolution, the District. The District consists gen- Cleveland Improvement District; the special improvement district erally of that portion of the City accepting the petitions from owners known as the Downtown Cleveland which is bounded on the North by the of property in the proposed District as Improvement District is confirmed as Conrail lines; on the South by the expanded; approving the amended expanded, the expanded district con- Cuyahoga River, Eagle Avenue to Articles of Incorporation of the Down- sisting generally of that portion of Ontario Street and the Inner Belt; on town Cleveland Improvement Corpo- the City which is bounded on the the East by East 18th Street; and on ration; and approving the comprehen- North by the Conrail lines; on the the West by the Cuyahoga River sive services plan for the continued South by the Cuyahoga River, Eagle southward to Main Avenue, then east- operations of the District. Avenue to Ontario Street and the ward on Main Avenue to West 10th Whereas, Chapter 1710 of the Inner Belt; on the East by East 18th Street, then southward to Superior Revised Code authorizes the forma- Street; and on the West by the Cuya- Avenue, then westward on Superior tion of special improvement districts hoga River southward to Main Avenue turning southward on Robert within the boundaries of a municipal- Avenue, then eastward on Main Lockwood, Jr. Drive and Carter to the ity by petition of property owners in a Avenue to West 10th Street, then Cuyahoga River. district and approval by the munici- southward to Superior Avenue, then Section 3. That it is determined and pality for the purpose of developing westward on Superior Avenue turn- declared necessary and conducive to and implementing plans for public ing southward on Robert Lockwood, the public health, convenience and improvements and public services Jr. Drive and Carter to the Cuyahoga welfare of the City of Cleveland to that benefit a district; and River. provide additional security for the Whereas, by Resolution No. 1386-05 Section 3. That consistent with the District, additional cleaning and adopted on August 3, 2005, this Coun- approval of the Plan, this Council maintenance of the public rights-of- cil approved the formation of the shall hereafter commence proceed- way within the District and collective Downtown Cleveland Improvement ings to provide for special assess- economic development and market- District and approved an initial plan ments in accordance with the Plan, ing of the District for a five-year peri- for public services benefitting all of which special assessments shall be od commencing after passage of the the District from 2006 through 2010; levied in accordance with Chapters ordinance to proceed in this matter. and 727 and 1710 of the Revised Code. Section 4. That it is determined that Whereas, by Resolution No. 272-10 Section 4. That this Council finds the property contained within the Dis- adopted on March 8, 2010, this Council and determines that all formal trict will be specially benefited by the approved the comprehensive services actions of this Council concerning above described public services and plan for the continuation of the opera- and relating to the passage of this res- shall be assessed to pay for the cost of tions of the Downtown Cleveland olution were adopted in an open meet- the services, calculated in proportion Improvement District, which plan ing of the Council and that all delib- to the benefits that may result from pertains to the period 2011 through erations of the Council and of any of the services. 2015; and tits committees that resulted in those Section 5. That the Plan on file in Whereas, owners of sixty percent or formal actions were in meetings open File No. 700-15-A is approved at an more of the front footage of property to the public in compliance with the estimated cost of $20,573,262. that abuts upon any street, alley, pub- law. Section 6. That the entire cost of the lic road, place, boulevard, parkway, Section 5. That this resolution is Plan in the District be specially park entrance, easement, or other declared to be an emergency measure assessed in proportion to the benefits existing public improvement within and, provided it receives the affirma- that may result from the services the Downtown Cleveland Improve- tive vote of two-thirds of all the mem- within the District. The cost of the ment District, excluding certain prop- bers elected to Council, it shall take Plan shall include the cost of print- erty as provided in Section 1710.02(E) effect and be in force immediately ing, serving, and publishing notices, of the Revised Code, and including upon its adoption and approval by the resolutions, and ordinances, the costs certain additional property in and Mayor; otherwise it shall take effect incurred in connection with the prepa- around the area known as and be in force from and after the ear- ration, levy, and collection of the spe- East Bank, have signed a petition liest period allowed by law. cial assessments, expenses of legal (the “Petition”) requesting that the Referred to Directors of City Plan- services, the cost of all labor and City of Cleveland approve the expan- ning Commission, Finance, Law; Com- materials and all other necessary sion of the Downtown Cleveland mittees on Development Planning expenditures allowed by law. Improvement District (as so expand- and Sustainability, Finance. Section 7. That the assessments to ed, the “District”) and to approve a be levied shall be paid when levied in comprehensive services plan (the Res. No. 700-15. five annual installments. That the “Plan”) for the continuation of opera- By Council Members Cimperman, first year installment against each lot tions of the District for the period Brancatelli and Kelley (by depart- and parcel of land shall be payable in 2016-2020 and have submitted the Plan mental request). cash to the Commissioner of Assess- as part of the Petition; and An emergency resolution relating ments and Licenses of the City on or Whereas, the District is to be gov- to the Downtown Cleveland Improve- before January 15, 2016. The second erned by the Downtown Cleveland ment District as a Special Improve- through fifth annual installments Improvement Corporation, an Ohio ment District within the City; declar- shall be payable in cash on or before nonprofit corporation formed pur- ing it necessary to provide for addi- January 15 in each of the years 2017 suant to Chapters 1702 and 1710 of the tional security for District, cleaning through 2020. All assessments and Ohio Revised Code (the “Corpora- and maintenance of the public rights- installments which have not been tion”), and the Corporation proposes of-way within the District, and collec- paid shall be certified by the Clerk of to amend its Articles of Incorporation tive economic development and mar- Council to the Cuyahoga County Fis- to include the expanded territory (as keting of the District; and providing cal Officer on or before September 1 of so amended, the “Articles”); and for the assessment of the cost and each year, to be placed by him on the 851 14 The City Record June 10, 2015 tax duplicate and collected the same ten home games, Section 1. That Section 2 of Ordi- as other taxes, as provided by law. any NFL playoff games and up to nine nance No. 334-15 passed March 23, 2015 Section 8. That no notes or bonds of other events a year. This ordinance is hereby amended to read as follows: the City of Cleveland shall be issued constitutes the additional legislative Section 2. That the cost of said con- in anticipation of the collection of the authority required by Ordinance No. tract shall be in an amount not to special assessments. 526-14 to exercise this option. exceed $29,500 and shall be paid from Section 9. That the Commissioner of Section 2. That this ordinance is Fund No. 10 SF 188. Assessments and Licenses is autho- declared to be an emergency measure Section 2. That Section 2 of Ordi- rized to prepare and file in the Office and, provided it receives the affirma- nance No. 334-15 passed March 23, 2015 of the Clerk of Council an estimated tive vote of two-thirds of all the mem- is hereby repealed. assessment under the provisions of bers elected to Council, it shall take Section 3. That this ordinance is this resolution showing the amount of effect and be in force immediately hereby declared to be an emergency the assessment against each lot or upon its passage and approval by the measure and, provided it receives the parcel of land to be assessed. Such Mayor; otherwise it shall take effect affirmative vote of two-thirds of all estimated assessment shall be based and be in force from and after the ear- the members elected to Council, it on the estimated cost of the Plan liest period allowed by law. shall take effect and be in force imme- which is now on file in the Office of Motion to suspend rules, Charter, diately upon its passage and approval the Clerk of Council. When the esti- and statutory provisions and place by the Mayor; otherwise it shall take mated special assessments have been on final passage. effect and be in force from and after filed, the Clerk of Council shall cause The rules were suspended. Yeas the earliest period allowed by law. notice of the adoption of this Resolu- 17. Nays 0. Read second time. Read Motion to suspend rules, Charter, tion and the filing of the estimated third time in full. Passed. Yeas 17. and statutory provisions and place special assessments to be served in Nays 0. on final passage. the manner provided by law on the The rules were suspended. Yeas owners of all lots and parcels to be Ord. No. 714-15. 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. assessed. By Council Member Reed. Nays 0. Section 10. That this resolution is An emergency ordinance authoriz- declared to be an emergency measure ing the Director of the Department of Community Development to enter into Ord. No. 717-15. and, provided it receives the affirma- an agreement with the Mount Pleas- By Council Member Dow. tive vote of two-thirds of all the mem- ant NOW Development Corporation An emergency ordinance authoriz- bers elected to Council, it shall take for the Kinsman Tree Pits Beautifica- ing the Director of the Department of effect and be in force immediately tion Program through the use of Public Works to enter into an agree- upon its adoption and approval by the Ward 2 Casino Revenue Funds. ment with the E.M.S. Rams Youth Mayor; otherwise it shall take effect Whereas, this ordinance constitutes Development Group, Inc. for the and be in force from and after the ear- an emergency measure providing for Youth Basketball Program through liest period allowed by law. the usual daily operation of a munici- the use of Ward 7 Casino Revenue Referred to Directors of City Plan- pal department; now, therefore Funds. ning Commission, Finance, Law; Com- Be it ordained by the Council of the Whereas, this ordinance constitutes mittees on Development Planning City of Cleveland: an emergency measure providing for and Sustainability, Finance. Section 1. That the Director of the the usual daily operation of a munici- Department of Community Develop- pal department; now, therefore FIRST READING EMERGENCY ment is authorized to enter into an Be it ordained by the Council of the ORDINANCES READ IN FULL agreement with the Mount Pleasant City of Cleveland: AND PASSED NOW Development Corporation for Section 1. That the Director of the the Kinsman Tree Pits Beautification Department of Public Works be Ord. No. 713-15. Program for the public purpose of authorized to enter into an agreement By Council Members Keane and eliminating slum and blight in Cleve- with the E.M.S. Rams Youth Football Kelley (by departmental request). land neighborhoods through the use Development Group, Inc., for the An emergency ordinance authoriz- of Ward 2 Casino Revenue Funds. Youth Basketball Program for the ing the Director of Port Control to Section 2. That the cost of said con- public purpose of providing orga- exercise the first option to renew tract shall be in an amount not to nized recreational sports activities to Lease Agreement No. CT 3001 LS 2014- exceed $2,700 and shall be paid from city of Cleveland youth through the 19 with the Cleveland Browns Stadi- Fund No. 10 SF 188. use of Ward 7 Casino Revenue Funds. um Company LLC to provide surface Section 3. That the Director of Law Section 2. That the cost of said con- parking and for staging special event shall prepare and approve said con- tract shall be in an amount not to programming on Docks 28B, 30, and tract and that the contract shall con- exceed $5,000 and shall be paid from 32. tain such terms and provisions as he Fund No. 10 SF 188. Whereas, under the authority of deems necessary to protect the City’s Section 3. That the Director of Law Ordinance No. 526-14, passed June 2, interest. shall prepare and approve said con- 2014, the Director of Port Control Section 4. That this ordinance is tract and that the contract shall con- entered into Lease Agreement No. CT hereby declared to be an emergency tain such terms and provisions as he 3001 LS 2014-19 with the Cleveland measure and, provided it receives the deems necessary to protect the City’s Browns Stadium Company LLC (“the affirmative vote of two-thirds of all interest. Browns”) to provide surface parking the members elected to Council, it Section 4. That this ordinance is and for staging special event pro- shall take effect and be in force imme- hereby declared to be an emergency gramming for ten Cleveland Browns diately upon its passage and approval measure and, provided it receives the home games, any NFL playoff games by the Mayor; otherwise it shall take affirmative vote of two-thirds of all and up to nine other events a year on effect and be in force from and after the members elected to Council, it Docks 28B, 30, and 32, excluding the the earliest period allowed by law. shall take effect and be in force imme- warehouses on Docks 30 and 32; and Motion to suspend rules, Charter, diately upon its passage and approval Whereas, Ordinance No. 526-14 and statutory provisions and place by the Mayor; otherwise it shall take requires further legislation before on final passage. effect and be in force from and after exercising the first option to renew on The rules were suspended. Yeas the earliest period allowed by law. this contract; and 17. Nays 0. Read second time. Read Motion to suspend rules, Charter, Whereas, for the use of the Leased third time in full. Passed. Yeas 17. and statutory provisions and place premises, the Browns shall pay the Nays 0. on final passage. City an annual fee as specified in the The rules were suspended. Yeas contract; and Ord. No. 716-15. 17. Nays 0. Read second time. Read Whereas, this ordinance constitutes By Council Member Pruitt. third time in full. Passed. Yeas 17. an emergency measure providing for An emergency ordinance amending Nays 0. the usual daily operation of a munici- Section 2 of Ordinance No. 334-15 pal department; now, therefore passed March 23, 2015 as it pertains to Ord. No. 718-15. Be it ordained by the Council of the the Senior Lawn Care Program By Council Member Dow. City of Cleveland: through the use of Ward 1 Casino An emergency ordinance authoriz- Section 1. That the Director of Port Revenue Funds. ing the Director of the Department of Control is authorized to exercise the Whereas, this ordinance constitutes Public Works to enter into agreement first option to renew Lease Agree- an emergency measure providing for with Catholic Charities Corporation ment No. CT 3001 LS 2014-19 for an the usual daily operation of a munici- dba Fatima Family Center for the additional year with the Browns to pal department; now, therefore Softball Program provide surface parking and for stag- Be it ordained by the Council of the through the use of Ward 7 Casino ing special event programming for City of Cleveland: Revenue Funds. 852 June 10, 2015 The City Record 15

Whereas, this ordinance constitutes Motion to suspend rules, Charter, measure and, provided it receives the an emergency measure providing for and statutory provisions and place affirmative vote of two-thirds of all the usual daily operation of a munici- on final passage. the members elected to Council, it pal department; now, therefore The rules were suspended. Yeas shall take effect and be in force imme- Be it ordained by the Council of the 17. Nays 0. Read second time. Read diately upon its passage and approval City of Cleveland: third time in full. Passed. Yeas 17. by the Mayor; otherwise it shall take Section 1. That the Director of the Nays 0. effect and be in force from and after Department of Public Works is here- the earliest period allowed by law. by authorized to enter into agreement Ord. No. 720-15. Motion to suspend rules, Charter, with Catholic Charities Corporation By Council Member Reed. and statutory provisions and place dba Fatima Family Center for the An emergency ordinance amending on final passage. League Park Softball Program for the Section 2 of Ordinance No. 559-15, The rules were suspended. Yeas public purpose of providing recre- passed May 11, 2015 as it pertains to 17. Nays 0. Read second time. Read ational softball activities for Cleve- the Mt. Pleasant Historic Markers third time in full. Passed. Yeas 17. land youth through the use of Ward 7 Project through the use of Ward 2 Nays 0. Casino revenue Funds. Casino Revenue Funds. Section 2. That the cost of said con- Whereas, this ordinance constitutes Ord. No. 722-15. tract shall be in an amount not to an emergency measure providing for By Council Member Polensek. exceed $5,000 and shall be paid from the usual daily operation of a munici- An emergency ordinance authoriz- Fund No. 10 SF 188. pal department; now, therefore ing the Director of the Department of Section 3. That the Director of Law Be it ordained by the Council of the Community Development to enter into shall prepare and approve said con- City of Cleveland: agreement with Northeast Shores tract and that the contract shall con- Section 1. That Section 2 of Ordi- Development Corporation for the tain such terms and provisions as he nance No. 559-15, passed May 11, 2015 Observer Project through deems necessary to protect the City’s is hereby amended to read as follows: the use of Ward 8 Casino Revenue interest. Section 2. That the cost of said con- Funds. Section 4. That this ordinance is tract shall be in an amount not to Whereas, this ordinance constitutes hereby declared to be an emergency exceed $37,000 and shall be paid from an emergency measure providing for measure and, provided it receives the Fund No. 10 SF 188. the usual daily operation of a munici- affirmative vote of two-thirds of all Section 2. That Section 2 of Ordi- pal department; now, therefore the members elected to Council, it nance No. 559-15, passed May 11, 2015 Be it ordained by the Council of the shall take effect and be in force imme- is hereby repealed. City of Cleveland: diately upon its passage and approval Section 3. That this ordinance is Section 1. That the Director of the by the Mayor; otherwise it shall take hereby declared to be an emergency Department of Community Develop- effect and be in force from and after measure and, provided it receives the ment is hereby authorized to enter the earliest period allowed by law. affirmative vote of two-thirds of all into agreement with Northeast Shores Motion to suspend rules, Charter, the members elected to Council, it Development Corporation for the and statutory provisions and place shall take effect and be in force imme- Collinwood Observer Project for the on final passage. diately upon its passage and approval public purpose of providing a commu- The rules were suspended. Yeas by the Mayor; otherwise it shall take nity newspaper promoting communi- 17. Nays 0. Read second time. Read effect and be in force from and after ty, residential and economic opportu- the earliest period allowed by law. nities to residents in Cleveland’s third time in full. Passed. Yeas 17. Motion to suspend rules, Charter, Collinwood neighborhood through the Nays 0. and statutory provisions and place use of Ward 8 casino revenue funds. on final passage. Section 2. That the cost of said con- Ord. No. 719-15. The rules were suspended. Yeas tract shall be in an amount not to By Council Member Dow. 17. Nays 0. Read second time. Read exceed $15,000 and shall be paid from An emergency ordinance authoriz- third time in full. Passed. Yeas 17. Fund No. 10 SF 188. ing the Director of the Department of Nays 0. Section 3. That the Director of Law Public Works to enter into an agree- shall prepare and approve said con- ment with the Pierre Nappier Jr. Ord. No. 721-15. tract and that the contract shall con- Foundation for the Patriots Youth By Council Members Cimperman tain such terms and provisions as he Sports Football Recreation Program and Zone. deems necessary to protect the City’s through the use of Ward 7 Casino An emergency ordinance authoriz- interest. Revenue Funds. ing the Director of the Department of Section 4. That this ordinance is Whereas, this ordinance constitutes Community Development to enter into hereby declared to be an emergency an emergency measure providing for agreement with Cleveland Public measure and, provided it receives the the usual daily operation of a munici- Theatre for the Public Theatre in the affirmative vote of two-thirds of all pal department; now, therefore 21st Century Workshop Project the members elected to Council, it Be it ordained by the Council of the through the use of Wards 3 and 15 shall take effect and be in force imme- City of Cleveland: Casino Revenue Funds. diately upon its passage and approval Section 1. That the Director of the Whereas, this ordinance constitutes by the Mayor; otherwise it shall take Department of Public Works be an emergency measure providing for effect and be in force from and after authorized to enter into an agreement the usual daily operation of a munici- the earliest period allowed by law. with the Pierre Nappier Jr. Founda- pal department; now, therefore Motion to suspend rules, Charter, tion for the Patriots Sports Football Be it ordained by the Council of the and statutory provisions and place Recreation Program for the public City of Cleveland: on final passage. purpose of providing organized youth Section 1. That the Director of the The rules were suspended. Yeas recreational activities for city of Department of Community Develop- 17. Nays 0. Read second time. Read Cleveland youths through the use of ment is hereby authorized to enter third time in full. Passed. Yeas 17. Ward 7 Casino Revenue Funds. into agreement effective June 15, 2015 Nays 0. Section 2. That the cost of said con- with for the tract shall be in an amount not to Public Theatre in the 21st Century Ord. No. 723-15. exceed $5,000 and shall be paid from Workshop Project for the public pur- By Council Member Cummins. Fund No. 10 SF 188. pose of providing theatre education An emergency ordinance authoriz- Section 3. That the Director of Law and training on live arts to city of ing the Director of the Department of shall prepare and approve said con- Cleveland residents through the use Economic Development to enter into tract and that the contract shall con- of Ward(s) 3 and 15 casino revenue agreement with OneCommunity for tain such terms and provisions as he funds. the Big Gig West 25th Street Project deems necessary to protect the City’s Section 2. That the cost of said con- through the use of Ward 14 Casino interest. tract shall be in an amount not to revenue Funds. Section 4. That this ordinance is exceed $15,000 and shall be paid from Whereas, this ordinance constitutes hereby declared to be an emergency Fund No. 10 SF 188. an emergency measure providing for measure and, provided it receives the Section 3. That the Director of Law the usual daily operation of a munici- affirmative vote of two-thirds of all shall prepare and approve said con- pal department; now, therefore the members elected to Council, it tract and that the contract shall con- Be it ordained by the Council of the shall take effect and be in force imme- tain such terms and provisions as he City of Cleveland: diately upon its passage and approval deems necessary to protect the City’s Section 1. That the Director of the by the Mayor; otherwise it shall take interest. Department of Economic Develop- effect and be in force from and after Section 4. That this ordinance is ment is hereby authorized to enter the earliest period allowed by law. hereby declared to be an emergency into agreement with OneCommunity 853 16 The City Record June 10, 2015 for the Big Gig West 25th Street Pro- Ord. No. 725-15. for the public purpose of recognizing ject for the public purpose of provid- By Council Member Reed. the achievements of Johnny Kilbane, ing high speed broadband internet An emergency ordinance authoriz- world featherweight boxing champi- access to businesses and residents ing the Director of the Department of on in 1912 and the contributions of the residing in the Ohio City, Tremont, Community Development to enter into Irish American Community by provid- Clark-Fulton, , and agreement with the Thea Bowman ing educational presentations to neighborhoods in the Center for the Thea Bowman Rehabil- Cleveland public school students and city of Cleveland through the use of itation Project through the use of city of Cleveland residents through Ward 14 Casino Revenue Funds. Ward 2 Casino Revenue Funds. the use of Wards 13, 15, 16 and 17 casi- Section 2. That the cost of said con- Whereas, this ordinance constitutes no revenue funds. tract shall be in an amount not to an emergency measure providing for Section 2. That the Title and Section exceed $119,000 and shall be paid from the usual daily operation of a munici- 1 of Ordinance No. 1635-14 passed Fund No. 10 SF 188. pal department; now, therefore December 8, 2014 are hereby repealed. Section 3. That the Director of Law Be it ordained by the Council of the Section 3. That the Director of Law shall prepare and approve said con- City of Cleveland: shall prepare and approve said con- tract and that the contract shall con- Section 1. That the Director of the tract and that the contract shall con- tain such terms and provisions as he Department of Community Develop- tain such terms and provisions as he deems necessary to protect the City’s ment is hereby authorized to enter deems necessary to protect the City’s interest. into agreement with the Thea Bow- interest. Section 4. That this ordinance is man Center for the Thea Bowman Section 4. That this ordinance is hereby declared to be an emergency Building Rehabilitation Project for hereby declared to be an emergency measure and, provided it receives the the public purpose of providing physi- measure and, provided it receives the affirmative vote of two-thirds of all cal building improvements to the affirmative vote of two-thirds of all the members elected to Council, it Thea Bowman center located at 11901 the members elected to Council, it shall take effect and be in force imme- Oakfield Avenue, Cleveland, Ohio shall take effect and be in force imme- diately upon its passage and approval 44105 through the use of Ward 2 casi- diately upon its passage and approval by the Mayor; otherwise it shall take no revenue funds. by the Mayor; otherwise it shall take effect and be in force from and after Section 2. That the cost of said con- effect and be in force from and after the earliest period allowed by law. tract shall be in an amount not to the earliest period allowed by law. Motion to suspend rules, Charter, exceed $5,000 and shall be paid from Motion to suspend rules, Charter, and statutory provisions and place Fund No. 10 SF 188. and statutory provisions and place on final passage. Section 3. That the Director of Law on final passage. The rules were suspended. Yeas shall prepare and approve said con- The rules were suspended. Yeas 17. Nays 0. Read second time. Read tract and that the contract shall con- 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. tain such terms and provisions as he third time in full. Passed. Yeas 17. Nays 0. deems necessary to protect the City’s Nays 0. interest. Ord. No. 724-15. Section 4. That this ordinance is Ord. No. 728-15. By Council Member Cummins. hereby declared to be an emergency By Council Member Brancatelli. An emergency ordinance authoriz- measure and, provided it receives the An emergency ordinance authoriz- ing the Director of the Department of affirmative vote of two-thirds of all ing the Director of the Department of Community Development to enter into the members elected to Council, it Economic Development to enter into agreement with the Greater Cleve- shall take effect and be in force imme- land Habitat for Humanity for the agreement with Slavic Village Devel- diately upon its passage and approval Stockyards Initiative Program opment for the Jaworski Building by the Mayor; otherwise it shall take through the use of Ward 14 Casino Project through the use of Ward 12 effect and be in force from and after Revenue Funds. Casino Revenue Funds. Whereas, this ordinance constitutes the earliest period allowed by law. Whereas, this ordinance constitutes an emergency measure providing for Motion to suspend rules, Charter, an emergency measure providing for the usual daily operation of a munici- and statutory provisions and place the usual daily operation of a munici- pal department; now, therefore on final passage. pal department; now, therefore Be it ordained by the Council of the The rules were suspended. Yeas Be it ordained by the Council of the City of Cleveland: 17. Nays 0. Read second time. Read City of Cleveland: Section 1. That the Director of the third time in full. Passed. Yeas 17. Section 1. That the Director of the Department of Community Develop- Nays 0. Department of Economic Develop- ment is hereby authorized to enter ment is hereby authorized to enter into agreement with the Greater Ord. No. 727-15. into agreement with Slavic Village Cleveland Habitat for Humanity for By Council Members Zone, Kelley, Development for the Jaworski Build- the Stockyards Initiative Program for Kazy and Keane. ing Project located at 5324 Fleet the public purpose of providing hous- An emergency ordinance amending Avenue, Cleveland, Ohio for the pub- ing rehabilitation services to vacant the Title and Section 1 of Ordinance lic purpose of eliminating slum and homes in the city of Cleveland No. 1635-14 passed December 8, 2014 as blight and creating new jobs in the through the use of Ward 14 casino it pertains to the Johnny Kilbane city of Cleveland through the use of revenue funds. Sculpture Project through the use of Ward 12 casino Revenue Funds. Section 2. That the cost of said con- Wards 13, 15, 16 and 17 Casino Rev- Section 2. That the cost of said con- tract shall be in an amount not to enue Funds. tract shall be in an amount not to exceed $30,000 and shall be paid from Whereas, this ordinance constitutes exceed $30,000 and shall be paid from Fund No. 10 SF 188. an emergency measure providing for Fund No. 10 SF 188. Section 3. That the Director of Law the usual daily operation of a munici- Section 3. That the Director of Law shall prepare and approve said con- pal department; now, therefore shall prepare and approve said con- tract and that the contract shall con- Be it ordained by the Council of the tract and that the contract shall con- tain such terms and provisions as he City of Cleveland: tain such terms and provisions as he deems necessary to protect the City’s Section 1. That the Title and Section deems necessary to protect the City’s interest. 1 of Ordinance No. 1635-14 passed interest. Section 4. That this ordinance is December 8, 2014 are hereby amended Section 4. That this ordinance is hereby declared to be an emergency to read as follows: hereby declared to be an emergency measure and, provided it receives the An Emergency Ordinance authoriz- measure and, provided it receives the affirmative vote of two-thirds of all ing the Director of the Department of affirmative vote of two-thirds of all the members elected to Council, it Community Development to enter into the members elected to Council, it shall take effect and be in force imme- agreement with the Irish American shall take effect and be in force imme- diately upon its passage and approval Archives Society, Inc. for the Johnny diately upon its passage and approval by the Mayor; otherwise it shall take Kilbane and Irish Cultural Heritage by the Mayor; otherwise it shall take effect and be in force from and after Project through the use of Wards 15, effect and be in force from and after the earliest period allowed by law. 13, 16, and 17 Casino Revenue Funds. the earliest period allowed by law. Motion to suspend rules, Charter, Section 1. That the Director of the Motion to suspend rules, Charter, and statutory provisions and place Department of Community Develop- and statutory provisions and place on final passage. ment is hereby authorized to enter on final passage. The rules were suspended. Yeas into agreement effective May 1, 2015 The rules were suspended. Yeas 17. Nays 0. Read second time. Read with the Irish American Archives 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Society, Inc., for the Johnny Kilbane third time in full. Passed. Yeas 17. Nays 0. and Irish Cultural Heritage Project Nays 0. 854 June 10, 2015 The City Record 17

Ord. No. 729-15. Section 4. That this ordinance is Section 1. That notwithstanding the By Council Member Polensek. hereby declared to be an emergency provision of Section 623.13 of the Cod- An emergency ordinance authoriz- measure and, provided it receives the ified Ordinances, of Cleveland, Ohio, ing the Director of the Department of affirmative vote of two-thirds of all 1976, the Director of the Office of Cap- Community Development to enter into the members elected to Council, it ital Projects is hereby authorized and agreement with Operation Standup shall take effect and be in force imme- directed to issue a permit to the for the I-Rise Program through the diately upon its passage and approval Glenville Festival Committee to use of Ward 8 Casino Revenue Funds. by the Mayor; otherwise it shall take install, maintain and remove banners Whereas, this ordinance constitutes effect and be in force from and after on, East 105th Street and Ostend an emergency measure providing for the earliest period allowed by law. Avenue; East 88th Street and St. Clair the usual daily operation of a munici- Motion to suspend rules, Charter, Avenue; and East 103rd Street and St. pal department; now, therefore and statutory provisions and place Clair Avenue; for the period from Be it ordained by the Council of the on final passage. June 12, 2015, to July 11, 2015, inclu- City of Cleveland: The rules were suspended. Yeas sive, to celebrate the annual Glenville Section 1. That the Director of the 17. Nays 0. Read second time. Read Heritage Festival. Said banner shall Department of Community Develop- third time in full. Passed. Yeas 17. be approved by the Office of Capital ment is hereby authorized to enter Nays 0. Projects, in consultation with the into agreement with Operation Director of Public Safety, as to type, Standup for the I-Rise Program for Ord. No. 731-15. method of affixing and location so as the public purpose of providing after- By Council Member Cimperman. not to interfere with any sign erected school education to at-risk youth An emergency ordinance authoriz- and maintained under the require- residing in the city of Cleveland ing the Director of the Department of ments of law or ordinance. The per- through the use of Ward 8 Casino Public Works to enter into agreement mission of the owner of any pole from Revenue Funds. with Ohio City Incorporated for the which a banner will be hung must be Section 2. That the cost of said con- Near West Recreation Youth Program obtained prior to issuance of the per- tract shall be in an amount not to through the use of Ward 3 Casino mit. No commercial advertising shall exceed $5,000 and shall be paid from Revenue Funds. be printed or permitted on said ban- Fund No. 10 SF 188. Whereas, this ordinance constitutes ner and said banner shall be removed Section 3. That the Director of Law an emergency measure providing for promptly upon the expiration of said shall prepare and approve said con- the usual daily operation of a munici- permit. tract and that the contract shall con- pal department; now, therefore Section 2. That this ordinance is tain such terms and provisions as he Be it ordained by the Council of the hereby declared to be an emergency deems necessary to protect the City’s City of Cleveland: measure and, provided it receives the interest. Section 1. That the Director of the affirmative vote of two-thirds of all Section 4. That this ordinance is Department of Public Works is here- the members elected to Council, it hereby declared to be an emergency by authorized to enter into agreement shall take effect and be in force imme- measure and, provided it receives the with Ohio City Incorporated for the affirmative vote of two-thirds of all diately upon its passage and approval Near West Recreation Youth Program the members elected to Council, it by the Mayor; otherwise, it shall take for the public purpose of providing shall take effect and be in force imme- effect and be in force from and after organized recreational activities to diately upon its passage and approval the earliest period allowed by law. Cleveland youth through the use of by the Mayor; otherwise it shall take Motion to suspend rules, Charter, Ward 3 Casino Revenue Funds. effect and be in force from and after and statutory provisions and place the earliest period allowed by law. Section 2. That the cost of said con- on final passage. Motion to suspend rules, Charter, tract shall be in an amount not to The rules were suspended. Yeas and statutory provisions and place exceed $5,000 and shall be paid from 17. Nays 0. Read second time. Read on final passage. Fund No. 10 SF 188. third time in full. Passed. Yeas 17. The rules were suspended. Yeas Section 3. That the Director of Law Nays 0. 17. Nays 0. Read second time. Read shall prepare and approve said con- third time in full. Passed. Yeas 17. tract and that the contract shall con- Ord. No. 733-15. Nays 0. tain such terms and provisions as he By Council Members Cimperman, deems necessary to protect the City’s Cleveland, Mitchell, Dow, and Zone. Ord. No. 730-15. interest. An emergency ordinance consent- By Council Members Brancatelli Section 4. That this ordinance is ing and approving the issuance of a and Kelley. hereby declared to be an emergency permit for the Tour De Cure Cycling An emergency ordinance authoriz- measure and, provided it receives the on June 28, 2015, sponsored by the ing the Director of the Department of affirmative vote of two-thirds of all American Diabetes Association. Community Development to enter into the members elected to Council, it Whereas, this ordinance constitutes agreement with Western Reserve shall take effect and be in force imme- an emergency measure providing for diately upon its passage and approval Land Conservancy d/b/a Thriving the usual daily operation of a munici- by the Mayor; otherwise it shall take Communities Institute for the City- pal department; now, therefore effect and be in force from and after wide Vacant Property Survey Project Be it ordained by the Council of the the earliest period allowed by law. through the use of Wards 12 and 13 City of Cleveland: Casino Revenue Funds. Motion to suspend rules, Charter, Section 1. That pursuant to Section Whereas, this ordinance constitutes and statutory provisions and place 411.06 of the Codified Ordinances of an emergency measure providing for on final passage. Cleveland, Ohio 1976, this Council con- the usual daily operation of a munici- The rules were suspended. Yeas sents to and approves the holding of pal department; now, therefore 17. Nays 0. Read second time. Read the Tour De Cure Cycling on June 28, Be it ordained by the Council of the third time in full. Passed. Yeas 17. 2015, start: 1st Route—Gateway City of Cleveland: Nays 0. Section 1. That the Director of the Plaza, between Quicken Loans Arena Department of Community Develop- Ord. No. 732-15. and to Cleveland ment is hereby authorized to enter By Council Members J. Johnson and Clinic Diabetes Center; right onto into agreement effective July 1, 2015 Conwell. Huron Road; right onto Prospect with Western Reserve Land Conser- An emergency ordinance authoriz- Avenue (then get into the left lane); vancy d/b/a Thriving Communities ing and directing the Director of left onto East 9th Street; right onto Institute for the City-wide Vacant Office of Capital Projects to issue a Euclid Avenue; right onto East 105th Property Survey Project for the pub- permit to the Glenville Festival Com- Street; left into Diabetes Center park- lic purpose of identifying vacant mittee to stretch banners on East ing lot (turnaround point); left onto properties in the city of Cleveland 105rd Street and Ostend Avenue; East Euclid Avenue; 2nd Route—Gateway through the use of Wards 12 and 13 88th Street and St. Clair Avenue; and Plaza, between Quicken Loans Arena casino revenue funds. East 103rd Street and St. Clair and Progressive Field to Huron Road; Section 2. That the cost of said con- Avenue; for the period from June 12, right onto Prospect Avenue, East; left tract shall be in an amount not to 2015, to July 11, 2015, inclusive, to cel- onto East 9th Street; left onto Euclid exceed $20,000 and shall be paid from ebrate the annual Glenville Heritage Avenue; left onto Superior Avenue; Fund No. 10 SF 188. Festival. continue onto Detroit Avenue; slight Section 3. That the Director of Law Whereas, this ordinance constitutes right onto Lake Avenue, into the City shall prepare and approve said con- an emergency measure providing for of Lakewood, Ohio; continue onto tract and that the contract shall con- the usual daily operation of a munici- Superior Avenue, West; right onto tain such terms and provisions as he pal department; now, therefore West Roadway; right onto Ontario deems necessary to protect the City’s Be it ordained by the Council of the Street; left onto Huron Road, East; interest. City of Cleveland: right onto East 6th Street; end of 855 18 The City Record June 10, 2015 route; provided that the applicant Ord. No. 735-15. extent and in form satisfactory to the sponsor shall meet all the require- By Council Member Cimperman. Director of Law. ments of Section 411.05 of the Codified An emergency ordinance consent- Section 2. That this ordinance is Ordinances of Cleveland, Ohio, 1976. ing and approving the issuance of a hereby declared to be an emergency Streets may be closed as determined permit for the Santa Shuffle on measure and, provided it receives the by the Chief of Police and safety December 12, 2015, sponsored by Her- affirmative vote of two-thirds of all forces as may be necessary in order to mes Sports & Events, Inc. the members elected to Council, it protect the participants in the event. Whereas, this ordinance constitutes shall take effect and be in force imme- Said permit shall further provide that an emergency measure providing for diately upon its passage and approval the City of Cleveland shall be fully the usual daily operation of a munici- by the Mayor; otherwise, it shall take indemnified from any and all liability pal department; now, therefore effect and be in force from and after resulting from the issuance of the Be it ordained by the Council of the the earliest period allowed by law. same, to the extent and in form satis- City of Cleveland: Motion to suspend rules, Charter, factory to the Director of Law. Section 1. That pursuant to Section and statutory provisions and place Section 2. That this ordinance is 411.06 of the Codified Ordinances of on final passage. hereby declared to be an emergency Cleveland, Ohio 1976, this Council con- The rules were suspended. Yeas measure and, provided it receives the sents to and approves the holding of 17. Nays 0. Read second time. Read affirmative vote of two-thirds of all the Santa Shuffle on December 12, third time in full. Passed. Yeas 17. the members elected to Council, it 2015, start: Starkweather Avenue and Nays 0. shall take effect and be in force imme- Scranton Road; Starkweather east to diately upon its passage and approval Professor Avenue; Professor north to Ord. No. 738-15. by the Mayor; otherwise, it shall take Fairfield Avenue; Fairfield west to By Council Member Cimperman. effect and be in force from and after West 11th Street and finish line; pro- An emergency ordinance consent- the earliest period allowed by law. vided that the applicant sponsor shall ing and approving the issuance of a permit for the Color Run on June 20, Motion to suspend rules, Charter, meet all the requirements of Section 2015, Tenable Event Services. and statutory provisions and place 411.05 of the Codified Ordinances of Whereas, this ordinance constitutes on final passage. Cleveland, Ohio, 1976. Streets may be an emergency measure providing for The rules were suspended. Yeas closed as determined by the Chief of the usual daily operation of a munici- 17. Nays 0. Read second time. Read Police and safety forces as may be pal department; now, therefore third time in full. Passed. Yeas 17. necessary in order to protect the par- Be it ordained by the Council of the Nays 0. ticipants in the event. Said permit shall further provide that the City of City of Cleveland: Cleveland shall be fully indemnified Section 1. That pursuant to Section Ord. No. 734-15. 411.06 of the Codified Ordinances of By Council Member Cimperman. from any and all liability resulting from the issuance of the same, to the Cleveland, Ohio 1976, this Council con- An emergency ordinance consent- sents to and approves the holding of ing and approving the issuance of a extent and in form satisfactory to the Director of Law. the Color Run on June 20, 2015, start: permit for the Halloween Run for Jus- Dock 32 & Erieside Avenue; Erieside Section 2. That this ordinance is tice on October 31, 2015, sponsored by east to North Marginal Road; North hereby declared to be an emergency Hermes Sports & Events, Inc. Marginal Road east to East 26th measure and, provided it receives the Whereas, this ordinance constitutes Street bridge; East 26th south to South affirmative vote of two-thirds of all an emergency measure providing for Marginal Road; South Marginal Road the members elected to Council, it the usual daily operation of a munici- west to West 3rd Street; West 3rd shall take effect and be in force imme- pal department; now, therefore north to Erieside Avenue; Erieside Be it ordained by the Council of the diately upon its passage and approval east to Dock 32—finish line; provided City of Cleveland: by the Mayor; otherwise, it shall take that the applicant sponsor shall meet Section 1. That pursuant to Section effect and be in force from and after all the requirements of Section 411.05 411.06 of the Codified Ordinances of the earliest period allowed by law. of the Codified Ordinances of Cleve- Motion to suspend rules, Charter, Cleveland, Ohio 1976, this Council con- land, Ohio, 1976. Streets may be closed and statutory provisions and place sents to and approves the holding of as determined by the Chief of Police on final passage. the Halloween Run for Justice on and safety forces as may be necessary The rules were suspended. Yeas October 31, 2015, start: St. Clair in order to protect the participants in 17. Nays 0. Read second time. Read Avenue and East 12th Street; East the event. Said permit shall further third time in full. Passed. Yeas 17. 12th to Lakeside Avenue; Lakeside to provide that the City of Cleveland Nays 0. West 3rd Street; West 3rd to Erieside shall be fully indemnified from any Avenue; Erieside to East 9th Street; and all liability resulting from the Ord. No. 736-15. issuance of the same, to the extent across East 9th to North Marginal By Council Member Cummins. Road; North Marginal Road to East and in form satisfactory to the Direc- An emergency ordinance consent- tor of Law. 26th Street Bridge; turn around return ing and approving the issuance of a same route to finish line; provided Section 2. That this ordinance is permit for the 2015 St. Rocco 5K Run, hereby declared to be an emergency that the applicant sponsor shall meet on September 5, 2015, sponsored by St. measure and, provided it receives the all the requirements of Section 411.05 Rocco Festival Committee. affirmative vote of two-thirds of all of the Codified Ordinances of Cleve- Whereas, this ordinance constitutes the members elected to Council, it land, Ohio, 1976. Streets may be closed an emergency measure providing for shall take effect and be in force imme- as determined by the Chief of Police the usual daily operation of a munici- diately upon its passage and approval and safety forces as may be necessary pal department; now, therefore by the Mayor; otherwise, it shall take in order to protect the participants in Be it ordained by the Council of the effect and be in force from and after the event. Said permit shall further City of Cleveland: the earliest period allowed by law. provide that the City of Cleveland Section 1. That pursuant to Section Motion to suspend rules, Charter, shall be fully indemnified from any 411.06 of the Codified Ordinances of and statutory provisions and place and all liability resulting from the Cleveland, Ohio 1976, this Council con- on final passage. issuance of the same, to the extent sents to and approves the holding of The rules were suspended. Yeas and in form satisfactory to the Direc- 2015 St. Rocco 5K Run, on September 17. Nays 0. Read second time. Read tor of Law. 5, 2015, start: Fulton Road and St. third time in full. Passed. Yeas 17. Section 2. That this ordinance is Rocco Court; Fulton south to Storer Nays 0. hereby declared to be an emergency Avenue; Storer west to West 61st measure and, provided it receives the Street; West 61st north to Clark Ord. No. 751-15. affirmative vote of two-thirds of all Avenue; Clark east to Fulton Road; By Council Members Conwell, the members elected to Council, it Fulton south to St. Rocco Court; pro- Cleveland, Mitchell and Cimperman. shall take effect and be in force imme- vided that the applicant sponsor shall An emergency ordinance authoriz- diately upon its passage and approval meet all the requirements of Section ing the Director of the Department of by the Mayor; otherwise, it shall take 411.05 of the Codified Ordinances of Public Health to enter into agreement effect and be in force from and after Cleveland, Ohio, 1976. Streets may be with American Sickle Cell Anemia the earliest period allowed by law. closed as determined by the Chief of Association for the Sickle Cell Inter- Motion to suspend rules, Charter, Police and safety forces as may be active Care Management Program and statutory provisions and place necessary in order to protect the par- through the use of Wards 3, 5, 6, and 9 on final passage. ticipants in the event. Said permit Casino Revenue Funds. The rules were suspended. Yeas shall further provide that the City of Whereas, this ordinance constitutes 17. Nays 0. Read second time. Read Cleveland shall be fully indemnified an emergency measure providing for third time in full. Passed. Yeas 17. from any and all liability resulting the usual daily operation of a munici- Nays 0. from the issuance of the same, to the pal department; now, therefore 856 June 10, 2015 The City Record 19

Be it ordained by the Council of the The rules were suspended. Yeas approval by the Mayor; otherwise, it City of Cleveland: 17. Nays 0. Read second time. Read shall take effect and be in force from Section 1. That the Director of the third time in full. Passed. Yeas 17. and after the earliest period allowed Department of Public Health is here- Nays 0. by law. by authorized to enter into agreement Motion to suspend rules, Charter, with American Sickle Cell Anemia FIRST READING EMERGENCY and statutory provisions and place Association for the Sickle Cell Inter- RESOLUTIONS READ IN FULL on final adoption. active Care Management Program for AND ADOPTED The rules were suspended. Yeas the public purpose of providing com- 17. Nays 0. Read second time. Read munity based services to residents in Res. No. 740-15. third time in full. Adopted. Yeas the City of Cleveland that have sickle By Council Member Dow. 17. Nays 0. cell disease through the use of Wards An emergency resolution objecting 3, 5, 6 and 9 Casino Revenue Funds. to a New C2 Liquor Permit at 5510 St. Res. No. 741-15. Section 2. That the cost of said con- Clair Avenue. By Council Member Dow. tract shall be in an amount not to Whereas, Council has been notified An emergency resolution objecting exceed $15,500 and shall be paid from by of an the Division of Liquor Con- to the transfer of ownership of a D2, Fund No. 10 SF 188. trol application for a New C2 Liquor D2X, D3 and D6 Liquor Permit to 2999 Section 3. That the Director of Law Permit at SMK1, Inc., DBA St. Clair Payne Avenue, Unit 145. shall prepare and approve said con- BP, 5510 St. Clair Avenue, Cleveland, Whereas, Council has been notified tract and that the contract shall con- Ohio 44103, Permanent Number by the Division of Liquor Control of tain such terms and provisions as he 8320705; and an application for the transfer of own- deems necessary to protect the City’s Whereas, the granting of this appli- ership of a D2, D2X, D3 and D6 Liquor interest. cation for a liquor permit to this high Permit from East 30th Street Café, Section 4. That this ordinance is crime area, which is already saturat- hereby declared to be an emergency Inc., DBA East 30th Street Café, 2999 ed with other liquor outlets, is con- measure and, provided it receives the Payne Avenue, Unit 145, Cleveland, trary to the best interests of the entire affirmative vote of two-thirds of all Ohio 44114, Permanent Number community; and the members elected to Council, it 2405469 to Szechuan Café, Inc., DBA Whereas, the applicant does not shall take effect and be in force imme- Szechuan Café, 2999 Payne Avenue, diately upon its passage and approval qualify to be a permit holder and/or Cleveland, Ohio 44114, Permanent by the Mayor; otherwise it shall take has demonstrated that he has operat- Number 8758000; and effect and be in force from and after ed his liquor business in disregard of Whereas, the granting of this appli- the earliest period allowed by law. the laws, regulations or local ordi- cation for a liquor permit to this high Motion to suspend rules, Charter, nances of this state or any other state; crime area, which is already saturat- and statutory provisions and place and ed with other liquor outlets, is con- on final passage. Whereas, the place for which the trary to the best interests of the entire The rules were suspended. Yeas permit is sought has not conformed to community; and 17. Nays 0. Read second time. Read the building, safety or health require- Whereas, the applicant does not third time in full. Passed. Yeas 17. ments of the governing body of this qualify to be a permit holder and/or Nays 0. County or City; and has demonstrated that he has operat- Whereas, the place for which the ed his liquor business in disregard of Ord. No. 752-15. permit is sought is so arranged or con- the laws, regulations or local ordi- By Council Member Zone. structed that law enforcement offi- nances of this state or any other state; An emergency ordinance authoriz- cers or agents of the Division of and ing the Director of the Department of Liquor Control are prevented reason- Whereas, the place for which the Community Development to enter into able access to the establishment; and permit is sought has not conformed to Agreement with Detroit Shoreway Whereas, the place for which the the building, safety or health require- Community Development Organiza- permit is sought is so located with ments of the governing body of this tion for the Madison Avenue Pocket respect to the neighborhood that it County or City; and Park Project through the use of Ward substantially interferes with public Whereas, the place for which the 15 Casino Revenue Funds. decency, sobriety, peace or good permit is sought is so arranged or con- Whereas, this ordinance constitutes order; and structed that law enforcement offi- an emergency measure providing for Whereas, this objection is based on cers or agents of the Division of the usual daily operation of a munici- other legal grounds as set forth in pal department; now, therefore Liquor Control are prevented reason- Revised Code Section 4303.292; and Be it ordained by the Council of the able access to the establishment; and Whereas, this resolution consti- City of Cleveland: Whereas, the place for which the tutes an emergency measure provid- Section 1. That the Director of the permit is sought is so located with ing for the immediate preservation of Department of Community Develop- respect to the neighborhood that it ment is hereby authorized to enter the public peace, prosperity, safety substantially interferes with public into agreement with Detroit Shore- and welfare pursuant to Section decency, sobriety, peace or good way Community Development Orga- 4303.26 of the Ohio Revised Code. order; and nization for the Madison Avenue Council’s objection to said permit Whereas, this objection is based on Pocket Park Project for the public must be received by the Superinten- other legal grounds as set forth in purpose of reducing slum and blight dent of Liquor Control within 30 days Revised Code Section 4303.292; and in the Detroit Shoreway neighbor- of notification; now, therefore, Whereas, this resolution consti- hood area in the city of Cleveland Be it resolved by the Council of tutes an emergency measure provid- through the use of Ward 15 Casino the City of Cleveland: ing for the immediate preservation of Revenue Funds. Section 1. That Council does hereby the public peace, prosperity, safety Section 2. That the cost of said con- record its objection to a New C2 and welfare pursuant to Section tract shall be in an amount not to Liquor Permit at SMK1, Inc., DBA St. 4303.26 of the Ohio Revised Code. exceed $15,000 and shall be paid from Clair BP, 5510 St. Clair Avenue, Cleve- Council’s objection to said permit Fund No. 10 SF 188. land, Ohio 44103, Permanent Number must be received by the Superinten- Section 3. That the Director of Law 8320705; and requests the Superinten- dent of Liquor Control within 30 days shall prepare and approve said con- dent of Liquor Control to set a hearing of notification; now, therefore, tract and that the contract shall con- for said application in accordance Be it resolved by the Council of tain such terms and provisions as he with provisions of Section 4303.26 of the City of Cleveland: deems necessary to protect the City’s the Revised Code of Ohio. Section 1. That Council does hereby interest. Section 2. That the Clerk of Council record its objection to the transfer of Section 4. That this ordinance is be and she is hereby directed to trans- ownership of a D2, D2X, D3 and D6 hereby declared to be an emergency mit two certified copies of this resolu- Liquor Permit from East 30th Street measure and, provided it receives the tion, together with two copies of a let- Café, Inc., DBA East 30th Street Café, affirmative vote of two-thirds of all ter of objection and two copies of a 2999 Payne Avenue, Unit 145, Cleve- the members elected to Council, it letter requesting that the hearing be land, Ohio 44114, Permanent Number shall take effect and be in force imme- held in Cleveland, Cuyahoga County. 2405469 to Szechuan Café, Inc., DBA diately upon its passage and approval Section 3. That this resolution is Szechuan Café, 2999 Payne Avenue, by the Mayor; otherwise it shall take hereby declared to be an emergency Cleveland, Ohio 44114, Permanent effect and be in force from and after measure and, provided it receives the Number 8758000; and requests the the earliest period allowed by law. affirmative vote of two-thirds of all Superintendent of Liquor Control to Motion to suspend rules, Charter, the members elected to Council, it set a hearing for said application in and statutory provisions and place shall take effect and be in force imme- accordance with provisions of Section on final passage. diately upon its adoption and 4303.26 of the Revised Code of Ohio. 857 20 The City Record June 10, 2015

Section 2. That the Clerk of Council Gas & Go, 4322 Clark Avenue, Cleve- Council’s objection to said permit be and she is hereby directed to trans- land, Ohio 44109, Permanent Number must be received by the Superinten- mit two certified copies of this resolu- 4294025 to S A H Gas, Inc., DBA QS dent of Liquor Control within 30 days tion, together with two copies of a let- Gas & Go, 4322 Clark Avenue, Cleve- of notification; now, therefore, ter of objection and two copies of a land, Ohio 44109, Permanent Number Be it resolved by the Council of letter requesting that the hearing be 7638575; and requests the Superinten- the City of Cleveland: held in Cleveland, Cuyahoga County. dent of Liquor Control to set a hearing Section 1. That Council does hereby Section 3. That this resolution is for said application in accordance record its objection to the transfer of hereby declared to be an emergency with provisions of Section 4303.26 of ownership of a D5 Liquor Permit from measure and, provided it receives the the Revised Code of Ohio. 3MA, Inc., DBA Throw Backs, 16612 affirmative vote of two-thirds of all Section 2. That the Clerk of Council Lorain Avenue, Cleveland, Ohio 44111, the members elected to Council, it be and she is hereby directed to trans- Permanent Number 8915148 to Randc shall take effect and be in force imme- mit two certified copies of this resolu- Holdings, LLC, 16612 Lorain Avenue, diately upon its adoption and tion, together with two copies of a let- Cleveland, Ohio 44111, Permanent approval by the Mayor; otherwise, it ter of objection and two copies of a Number 7196863; and requests the shall take effect and be in force from letter requesting that the hearing be Superintendent of Liquor Control to and after the earliest period allowed held in Cleveland, Cuyahoga County. set a hearing for said application in by law. Section 3. That this resolution is accordance with provisions of Section Motion to suspend rules, Charter, hereby declared to be an emergency 4303.26 of the Revised Code of Ohio. and statutory provisions and place measure and, provided it receives the on final adoption. Section 2. That the Clerk of Council affirmative vote of two-thirds of all be and she is hereby directed to trans- The rules were suspended. Yeas the members elected to Council, it 17. Nays 0. Read second time. Read mit two certified copies of this resolu- shall take effect and be in force imme- tion, together with two copies of a let- third time in full. Adopted. Yeas diately upon its adoption and ter of objection and two copies of a 17. Nays 0. approval by the Mayor; otherwise, it letter requesting that the hearing be shall take effect and be in force from held in Cleveland, Cuyahoga County. Res. No. 742-15. and after the earliest period allowed Section 3. That this resolution is By Council Member Cimperman. by law. hereby declared to be an emergency An emergency resolution objecting Motion to suspend rules, Charter, measure and, provided it receives the to the transfer of ownership of a C1 and statutory provisions and place and C2 Liquor Permit to 4322 Clark on final adoption. affirmative vote of two-thirds of all Avenue. The rules were suspended. Yeas the members elected to Council, it Whereas, Council has been notified 17. Nays 0. Read second time. Read shall take effect and be in force imme- by the Division of Liquor Control of third time in full. Adopted. Yeas diately upon its adoption and an application for the transfer of own- 17. Nays 0. approval by the Mayor; otherwise, it ership of a C1 and C2 Liquor Permit shall take effect and be in force from from Joe & Son II, Inc., DBA QS Gas & Res. No. 743-15. and after the earliest period allowed Go, 4322 Clark Avenue, Cleveland, By Council Member Keane. by law. Ohio 44109, Permanent Number An emergency resolution objecting Motion to suspend rules, Charter, 4294025 to S A H Gas, Inc., DBA QS to the transfer of ownership of a D5 and statutory provisions and place Gas & Go, 4322 Clark Avenue, Cleve- Liquor Permit to 16612 Lorain on final adoption. land, Ohio 44109, Permanent Number Avenue. The rules were suspended. Yeas 7638575; and Whereas, Council has been notified 17. Nays 0. Read second time. Read Whereas, the granting of this appli- by the Division of Liquor Control of third time in full. Adopted. Yeas cation for a liquor permit to this high 17. Nays 0. crime area, which is already saturat- an application for the transfer of own- ed with other liquor outlets, is con- ership of a D5 Liquor Permit from SECOND READING EMERGENCY trary to the best interests of the entire 3MA, Inc., DBA Throw Backs, 16612 ORDINANCES PASSED community; and Lorain Avenue, Cleveland, Ohio 44111, Whereas, the applicant does not Permanent Number 8915148 to Randc Ord. No. 382-15. qualify to be a permit holder and/or Holdings, LLC, 16612 Lorain Avenue, By Council Members K. Johnson has demonstrated that he has operat- Cleveland, Ohio 44111, Permanent ed his liquor business in disregard of Number 7196863; and and Kelley (by departmental the laws, regulations or local ordi- Whereas, the granting of this appli- request). nances of this state or any other state; cation for a liquor permit to this high An emergency ordinance authoriz- and crime area, which is already saturat- ing the Director of Public Works to Whereas, the place for which the ed with other liquor outlets, is con- enter into contract with the Cleveland permit is sought has not conformed to trary to the best interests of the entire Municipal Football Association to con- the building, safety or health require- community; and duct a city-wide football program. ments of the governing body of this Whereas, the applicant does not Approved by Directors of Public County or City; and qualify to be a permit holder and/or Works, Finance, Law; Passage recom- Whereas, the place for which the has demonstrated that he has operat- mended by Committees on Municipal permit is sought is so arranged or con- ed his liquor business in disregard of Services and Properties, Finance. structed that law enforcement offi- the laws, regulations or local ordi- The rules were suspended. Yeas cers or agents of the Division of nances of this state or any other state; 17. Nays 0. Read second time. Read Liquor Control are prevented reason- and third time in full. Passed. Yeas 17. able access to the establishment; and Whereas, the place for which the Nays 0. Whereas, the place for which the permit is sought has not conformed to permit is sought is so located with the building, safety or health require- Ord. No. 404-15. respect to the neighborhood that it ments of the governing body of this By Council Members Brancatelli substantially interferes with public County or City; and and Kelley (by departmental decency, sobriety, peace or good Whereas, the place for which the request). order; and permit is sought is so arranged or con- An emergency ordinance authoriz- Whereas, this objection is based on structed that law enforcement offi- ing the Director of Economic Develop- other legal grounds as set forth in cers or agents of the Division of ment to enter into a Purchase Agree- Revised Code Section 4303.292; and Liquor Control are prevented reason- ment and/or an Option to Purchase Whereas, this resolution consti- able access to the establishment; and Agreement with University Hospitals tutes an emergency measure provid- Whereas, the place for which the Health System, Inc., or its designee, ing for the immediate preservation of permit is sought is so located with for the sale of City-owned properties the public peace, prosperity, safety respect to the neighborhood that it located west of East 59th Street and and welfare pursuant to Section substantially interferes with public Euclid Avenue, for the development of 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good the MidTown Health Campus; and Council’s objection to said permit order; and authorizing the Commissioner of Pur- must be received by the Superinten- Whereas, this objection is based on chases and Supplies to convey the dent of Liquor Control within 30 days other legal grounds as set forth in properties, which are no longer need- of notification; now, therefore, Revised Code Section 4303.292; and ed for the City’s public use. Be it resolved by the Council of Whereas, this resolution consti- Approved by Directors of Economic the City of Cleveland: tutes an emergency measure provid- Development, City Planning Commis- Section 1. That Council does hereby ing for the immediate preservation of sion, Finance, Law; Passage recom- record its objection to the transfer of the public peace, prosperity, safety mended by Committees on Develop- ownership of a C1 and C2 Liquor Per- and welfare pursuant to Section ment Planning and Sustainability, mit from Joe & Son II, Inc., DBA QS 4303.26 of the Ohio Revised Code. Finance. 858 June 10, 2015 The City Record 21

The rules were suspended. Yeas The rules were suspended. Yeas The rules were suspended. Yeas 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. Nays 0. Nays 0. Nays 0.

Ord. No. 405-15. Ord. No. 579-15. Ord. No. 585-15. By Council Members Dow, Bran- By Council Members Keane and By Council Members Keane and catelli and Kelley (by departmental Kelley (by departmental request). Kelley (by departmental request). request). An emergency ordinance authoriz- An emergency ordinance to amend An emergency ordinance authoriz- ing the procurement by one or more Contract No. PS 2015-14 with Glaus, ing the Director of Economic Develop- requirement contracts of the rental of Pyle, Schomer, Burns and Dehaven for ment to enter into a Purchase Agree- heavy-duty equipment, snow removal professional services necessary to ment and/or an Option to Purchase equipment and equipment operators design the Primary Road fire and Agreement with Hemingway Develop- for the various divisions of the Depart- domestic water line improvements; ment, LLC, or its designee, for the sale ment of Port Control, for a period of and to amend the title and Sections 1 of City-owned properties located east two years, with two one-year options and 5 of Ordinance No. 744-13, passed of East 59th Street and Euclid Avenue, to renew, the first of which shall July 10, 2013 relating to the design and require additional legislative authori- for the development of the MidTown public improvement of the project. ty. Health Campus; and authorizing the Approved by Directors of Port Con- Approved by Directors of Port Con- Commissioner of Purchases and Sup- trol, Finance, Law; Passage recom- trol, Finance, Law; Passage recom- plies to convey the properties, which mended by Committees on Trans- mended by Committees on Trans- are no longer needed for the City’s portation, Finance. portation, Finance. public use. The rules were suspended. Yeas The rules were suspended. Yeas Approved by Directors of Economic 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read Development, City Planning Commis- third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. sion, Finance, Law; Passage recom- Nays 0. Nays 0. mended by Committees on Develop- ment Planning and Sustainability, Ord. No. 580-15. Ord. No. 603-15. Finance. By Council Members Keane and By Council Members Brancatelli The rules were suspended. Yeas Kelley (by departmental request). and Kelley (by departmental 17. Nays 0. Read second time. Read An emergency ordinance authoriz- request). third time in full. Passed. Yeas 17. ing the purchase by one or more An emergency ordinance authoriz- Nays 0. requirement contracts of FAA- ing the Director of Community Devel- approved deicing chemicals, for the opment to acquire one or more soft- Ord. No. 406-15. various divisions of the Department of ware licenses and applications for a By Council Members Dow, Bran- Port Control, for a period of two years, loan servicing system to replace the catelli and Kelley (by departmental with two one-year options to renew, Knowledge Man system; and authoriz- request). the first of which shall require addi- ing the director to employ one or more An emergency ordinance authoriz- tional legislative authority. individuals or firms of consultants, ing the Director of Economic Develop- Approved by Directors of Port Con- computer software developers, or ven- ment to enter into a Tax Increment trol, Finance, Law; Passage recom- dors necessary for related system Financing Agreement with Heming- mended by Committees on Trans- issues, including maintenance and way Development, LLC, or its portation, Finance. technical support for the new system, designee, to provide a debt reserve for The rules were suspended. Yeas for the Department of Community the financing of the MidTown Health 17. Nays 0. Read second time. Read Development, for a period of one year, Campus to be located at East 59th third time in full. Passed. Yeas 17. with three one-year options to renew, Street and Euclid Avenue; to provide Nays 0. the second of which requires addition- for payments to the Cleveland City al legislative authority. Ord. No. 582-15. School District; and to declare certain Approved by Directors of Communi- By Council Members Keane and improvements to real property to be a ty Development, Finance, Law; Pas- Kelley (by departmental request). public purpose. An emergency ordinance determin- sage recommended by Committees on Approved by Directors of Economic ing the method of making the public Development Planning and Sustain- Development, City Planning Commis- improvement of repairing and main- ability, Finance. sion, Finance, Law; Passage recom- taining runways, taxiways, ramps, The rules were suspended. Yeas mended by Committees on Develop- roads, and other concrete surfaces for 17. Nays 0. Read second time. Read ment Planning and Sustainability, the various divisions of the Depart- third time in full. Passed. Yeas 17. Finance. ment of Port Control, and authorizing Nays 0. The rules were suspended. Yeas the Director of Port Control to enter 17. Nays 0. Read second time. Read into one or more public improvement Ord. No. 606-15. third time in full. Passed. Yeas 17. requirement contracts for the making By Council Members Keane and Nays 0. of the improvement, for a period of Kelley (by departmental request). two years, with two one-year options An emergency ordinance authoriz- Ord. No. 563-15. to renew, the first of which shall ing the Director of Port Control to By Council Members Cimperman require additional legislative authori- employ one or more professional con- and Kelley (by departmental ty. sultants to prepare agreements for request). Approved by Directors of Port Con- facilities leased by signatory airlines, An emergency ordinance authoriz- trol, City Planning Commission, and to provide analytical insights, ing the Director of Public Health to Finance, Law; Passage recommended current industry best practices, and accept a grant from the Ohio Envi- by Committees on Transportation, economic insights to assist the Direc- ronmental Protection Agency for Finance. tor in negotiations with the signatory 2015-2017 financial assistance for The rules were suspended. Yeas airlines leading to the execution of a the operation of the Division of Air 17. Nays 0. Read second time. Read new master lease agreement, for a Quality; authorizing the director to third time in full. Passed. Yeas 17. period of one year, with a one-year enter into one or more contracts for Nays 0. option to renew, exercisable by the various services, equipment and Director of Port Control. Ord. No. 583-15. supplies, and contracts with various Approved by Directors of Port Con- By Council Members Keane and agencies or entities necessary to trol, Finance, Law; Passage recom- Kelley (by departmental request). operate the Division of Air Quality; An emergency ordinance authoriz- mended by Committees on Trans- determining the method of con- ing the Director of Port Control to portation, Finance. structing, rehabilitating, renovat- exercise the second option to renew The rules were suspended. Yeas ing, replacing, or otherwise improv- Contract No. PS 2013-147 with Youth 17. Nays 0. Read second time. Read ing air monitoring sites and other Opportunities Unlimited, Inc. to pro- third time in full. Passed. Yeas 17. similar structures on city-owned and vide for the administration, implemen- Nays 0. city-leased property; and authoriz- tation, and management of the Cleve- ing the director to enter into one or land Youth Summer Employment Pro- Ord. No. 608-15. more contracts to construct the gram; and to amend the contract to By Council Members Brancatelli improvement and to design it. change certain terms. and Kelley (by departmental Approved by Directors of Public Approved by Directors of Port Con- request). Health, Finance, Law; Passage recom- trol, Finance, Law; Passage recom- An emergency ordinance authoriz- mended by Committees on Health and mended by Committees on Trans- ing the Director of Community Human Services, Finance. portation, Finance. Development to enter into one or 859 22 The City Record June 10, 2015 more subordination agreements with Contract No. 44522 and an amendment U.S. Department of Homeland Securi- 668 Atrium LLC for the subordination to the Rental Rehabilitation Loan ty for the FY14 Port Security Grant of the City’s mortgage position on agreement, entered into on January Program; authorizing the purchase by Atrium’s mortgage to a new loan 23, 1992, as amended, both with NOAH one or more requirement contracts of issued to Atrium by Fannie Mae for Midtown II Limited Partnership, for labor and materials needed to refur- the Atrium Office Plaza Complex the rehabilitation of low income bish the Fire Boat Celebrezze, and for project. rental units in two multifamily build- the purchase of various security Approved by Directors of Communi- ings located at 3147 Prospect Avenue upgrades on the Willow, Center, and ty Development, Finance, Law; Pas- and 2029 East 40th Street, to extend Carter lift bridges, including labor sage recommended by Committees on the maturity dates on both loans to and installation, if necessary. Development Planning and Sustain- June, 1, 2025. Approved by Directors of Public ability, Finance. Approved by Directors of Communi- Safety, Finance, Law; Passage recom- The rules were suspended. Yeas ty Development, Finance, Law; Pas- mended by Committees on Safety, 17. Nays 0. Read second time. Read sage recommended by Committees on Finance. third time in full. Passed. Yeas 17. Development Planning and Sustain- The rules were suspended. Yeas Nays 0. ability, Finance. 17. Nays 0. Read second time. Read The rules were suspended. Yeas third time in full. Passed. Yeas 17. Ord. No. 609-15. 17. Nays 0. Read second time. Read Nays 0. By Council Members K. Johnson, third time in full. Passed. Yeas 17. Ord. No. 644-15. Brancatelli and Kelley (by depart- Nays 0. mental request). By Council Member Kelley (by departmental request). An emergency ordinance authoriz- Ord. No. 637-15. An emergency ordinance approv- ing the Director of Public Works to By Council Members Keane and enter into an amendment to the exist- ing the collective bargaining agree- Kelley (by departmental request). ment with the Association of Cleve- ing Lease Agreement with the Board An emergency ordinance authoriz- of Park Commissioners for the Cleve- land Fire Fighters, Local 93 (Airport ing the Director of Port Control to Safety Supervisors); and to amend land Metropolitan Park District for enter into an amendment to Contract Rivergate Park to change the areas Section 29 of Ordinance No. 323-15, No. RC 2015-54 with Ameribridge LLC passed March 30, 2015, relating to comprising the leased premises. to provide additional services under Approved by Directors of Public compensation for various classifica- the contract; and to amend Section 3 of tions. Works, City Planning Commission, Ordinance No. 1458-14, passed Novem- Finance, Law; Passage recommended Approved by Directors of Human ber 24, 2014. Resources, Finance, Law; Passage by Committees on Municipal Services Approved by Directors of Port Con- recommended by Committee on and Properties, Development Plan- trol, Finance, Law; Passage recom- Finance. ning and Sustainability, Finance. mended by Committees on Trans- The rules were suspended. Yeas The rules were suspended. Yeas portation, Finance. 17. Nays 0. Read second time. Read 17. Nays 0. Read second time. Read The rules were suspended. Yeas third time in full. Passed. Yeas 17. third time in full. Passed. Yeas 17. 17. Nays 0. Read second time. Read Nays 0. Nays 0. third time in full. Passed. Yeas 17. Nays 0. Ord. No. 645-15. Ord. No. 620-15. By Council Members Zone and Kel- By Council Member Polensek. Ord. No. 638-15. ley (by departmental request). An emergency ordinance to approve By Council Member Kelley (by An emergency ordinance authoriz- the expansion of the Waterloo Com- departmental request) ing the Director of Public Safety to munity Entertainment District and to An emergency ordinance to amend enter into one or more contracts with amend Section 699A.011 of the Codi- Sections 18 and 39 of Ordinance No. Emergency Communications Network fied Ordinances of Cleveland, Ohio, 323-15, passed March 30, 2015, as for the acquisition of one or more 1976, as amended by Ordinance No. 59- amended by Ordinance No. 491-15, licenses to provide web-based mass 14, passed February 3, 2014 relating to passed May 4, 2015, relating to com- notification service for residents, Community Entertainment Districts pensation for various classifications. employees, visitors, and emergency defined. Approved by Directors of Human response personnel of the City of Approved by Directors of City Plan- Resources, Finance, Law; Passage Cleveland and Cuyahoga County for a ning Commission, Law; Passage rec- recommended by Committee on period of one year. ommended by Committee on Develop- Finance. Approved by Directors of Public ment Planning and Sustainability. The rules were suspended. Yeas Safety, Finance, Law; Passage recom- The rules were suspended. Yeas 17. Nays 0. Read second time. Read mended by Committees on Safety, 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Finance. third time in full. Passed. Yeas 17. Nays 0. The rules were suspended. Yeas Nays 0. 17. Nays 0. Read second time. Read Ord. No. 639-15. third time in full. Passed. Yeas 17. Ord. No. 622-15. By Council Members Cimperman Nays 0. By Council Members Pruitt, Reed, and Kelley (by departmental K. Johnson and Kelley (by depart- request). Ord. No. 647-15. mental request). An emergency ordinance authoriz- By Council Member Kelley (by An emergency ordinance giving ing the Director of Aging to apply departmental request). consent of the City of Cleveland to the for and accept one or more grants An emergency ordinance authoriz- Director of Transportation of the from the Western Reserve Area ing the Director of Human Resources State of Ohio to repair and resurface Agency on Aging for 2016-17 West- to exercise the second option to renew Harvard Avenue from East 116th ern Reserve Area Agency on Aging Contract No. CT 0402 PS 2013-252 with Street to Lee Road; authorizing any Programs, including Supportive Ser- Centers for Families and Children to other relative agreements; and to vices and Aging and Disability administer the City’s employee assis- cause payment to the State for the Resource Center Programs; and tance program. City’s share of the improvement. authorizing the director to accept Approved by Directors of Human Approved by Directors of Capital gifts from any public or private enti- Resources, Finance, Law; Passage Projects, City Planning Commission, ty for the purposes of this grant. recommended by Committee on Finance, Law; Passage recommended Approved by Directors of Aging, Finance. by Committees on Municipal Services Finance, Law; Passage recommended The rules were suspended. Yeas and Properties, Finance. by Committees on Health and Human 17. Nays 0. Read second time. Read The rules were suspended. Yeas Services, Finance. third time in full. Passed. Yeas 17. 17. Nays 0. Read second time. Read The rules were suspended. Yeas Nays 0. third time in full. Passed. Yeas 17. 17. Nays 0. Read second time. Read Nays 0. third time in full. Passed. Yeas 17. Ord. No. 648-15. Nays 0. By Council Members Brancatelli Ord. No. 636-15. and Kelley (by departmental By Council Members Dow, Bran- Ord. No. 641-15. request). catelli and Kelley (by departmental By Council Members Zone and Kel- An emergency ordinance authoriz- request). ley (by departmental request). ing the Director of Economic Develop- An emergency ordinance authoriz- An emergency ordinance authoriz- ment to enter into a grant agreement ing the Director of Community Devel- ing the Director of Public Safety to with The Westside Industrial Reten- opment to enter into an amendment to apply for and accept a grant from the tion and Expansion Network to provide 860 June 10, 2015 The City Record 23 economic development assistance to improvement of removal, reconfigur- The rules were suspended. Yeas finance the administration of the Cleve- ing, relocating, and constructing sev- 17. Nays 0. Read second time. Read land Industrial Retention Initiative. eral taxiways at Cleveland Hopkins third time in full. Passed. Yeas 17. Approved by Directors of Economic International Airport; authorizing the Nays 0. Development, Finance, Law; Passage Director of Port Control to enter into recommended by Committees on one or more public improvement con- Ord. No. 671-15. Development Planning and Sustain- tracts to construct the improvement; By Council Member Cleveland. An emergency ordinance to add the ability, Finance. and authorizing the director to The rules were suspended. Yeas name Judge Sara J. Harper Way as a employ one or more professional con- 17. Nays 0. Read second time. Read secondary and honorary name to East third time in full. Passed. Yeas 17. sultants necessary to design the 43rd Street between Quincy Avenue Nays 0. Improvement. and Case Court. Approved by Directors of Port Con- Approved by Directors of City Plan- Ord. No. 649-15. trol, City Planning Commission, ning Commission, Law; Passage rec- By Council Members Brancatelli Finance, Law; Passage recommended ommended by Committee on Develop- and Kelley (by departmental by Committees on Transportation, ment, Planning and Sustainability. request). Finance. The rules were suspended. Yeas An emergency ordinance authoriz- The rules were suspended. Yeas 17. Nays 0. Read second time. Read ing the Director of Economic Develop- 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. ment to enter into a grant agreement third time in full. Passed. Yeas 17. Nays 0. with the Media Nays 0. Development Corporation dba Greater SECOND READING EMERGENCY Cleveland Film Commission to assist Ord. No. 655-15. RESOLUTIONS ADOPTED with the operations of the organiza- By Council Members Pruitt and Kel- tion. Res. No. 634-15. ley (by departmental request). Approved by Directors of Economic By Council Member Kelley (by An emergency ordinance authoriz- Development, Finance, Law; Passage departmental request). recommended by Committees on ing the purchase by one or more An emergency resolution to adopt Development Planning and Sustain- requirement contracts of various and declare a Tax Budget for the City ability, Finance. types of electrical test equipment and of Cleveland for the year 2016 and sub- The rules were suspended. Yeas labor and materials necessary to mit it to the County Budget Commis- 17. Nays 0. Read second time. Read maintain or repair electrical test sion as required by State Law, Chap- third time in full. Passed. Yeas 17. equipment, including training when ter 5705 of the Revised Code. Nays 0. necessary, and maintenance, for the Approved by Directors of Finance, Division of Cleveland Public Power, Law; Adoption recommended by Com- Ord. No. 650-15. Department of Public Utilities, for a mittee on Finance. By Council Members Brancatelli period of two years, with two one-year The rules were suspended. Yeas and Kelley (by departmental options to renew, exercisable by addi- 17. Nays 0. Read second time. Read request). tional legislative authority. third time in full. Adopted. Yeas 17. An emergency ordinance authoriz- Approved by Directors of Public Nays 0. ing the Director of Economic Develop- Utilities, Finance, Law; Passage rec- ment to enter into an agreement with ommended by Committees on Utilities, Res. No. 663-15. the Manufacturing Advocacy & Finance. By Council Members Zone, Bran- Growth Network to act as the City’s catelli and Kelley (by departmental The rules were suspended. Yeas fiscal agent in connection with the request). 17. Nays 0. Read second time. Read Adopt-A-City III Initiative; authoriz- An emergency resolution appoint- third time in full. Passed. Yeas 17. ing an agreement with NASA to pro- ing an assessment equalization board vide services; and authorizing the Nays 0. to hear objections to estimated assess- Director to enter into one or more tri- ments with respect to the continuation party contracts for low-interest loans Ord. No. 656-15. of the Gordon Square Arts District – with MAGNET and the various busi- By Council Members Pruitt and Kel- Cleveland Improvement District and nesses to implement the program. ley (by departmental request). the new plan to provide public ser- Approved by Directors of Economic An emergency ordinance authoriz- vices, and declaring an emergency. Development, Finance, Law; Passage ing the purchase by one or more Approved by Directors of City Plan- recommended by Committees on requirement contracts of substation ning Commission, Finance, Law; Development Planning and Sustain- test equipment, including labor and Adoption recommended by Commit- ability, Finance. materials for the maintenance, repair, tees on Development Planning and The rules were suspended. Yeas or replacement of the equipment, and Sustainability, Finance, when amend- 17. Nays 0. Read second time. Read training as necessary, for the Division ed, as follows: third time in full. Passed. Yeas 17. of Cleveland Public Power, Depart- 1. In the first whereas clause, line 1, Nays 0. ment of Public Utilities, for a term of after “Resolution No. 587-15,” insert two years, with two one-year options “adopted June 1, 2015,”. Ord. No. 652-15. to renew, the first of which is exercis- Amendment agreed to. By Council Members Zone, Bran- able through additional legislative The rules were suspended. Yeas catelli and Kelley (by departmental authority. 17. Nays 0. Read second time. Read request). Approved by Directors of Public third time in full. Adopted. Yeas 17. An emergency ordinance authoriz- Utilities, Finance, Law; Passage rec- Nays 0. ing the Director of Economic Develop- ommended by Committees on Utilities, In compliance with Section 33 of ment to enter into an amendment to Finance, when amended, as follows: the Charter a copy of the legislation Contract No. 67924 and the Promissory 1. In the title, line 3, and In Sec- was furnished to each member of Note with Detroit Shoreway Communi- tion 1, line 4, strike “test” in both Council before final passage. ty Development Organization, or their places. designee, for the historical renovation Amendment agreed to. MOTION of the Capitol Theatre, to allow for a The rules were suspended. Yeas deferral of principal and interest from The Council Meeting adjourned at 17. Nays 0. Read second time. Read January 1, 2015 until August 31, 2015. 8:16 p.m. at the call of the chair. third time in full. Passed. Yeas 17. Approved by Directors of Economic The next expected Council meeting Development, Finance, Law; Passage Nays 0. will be on Wednesday, July 22, 2015, recommended by Committees on In compliance with Section 33 of in the Council Chamber. Development Planning and Sustain- the Charter a copy of the legislation ability, Finance. was furnished to each member of The rules were suspended. Yeas Council before final passage. 17. Nays 0. Read second time. Read third time in full. Passed. Yeas 17. Ord. No. 670-15. Nays 0. By Council Member Kelley. An emergency ordinance authoriz- Ord. No. 653-15. ing the Commissioner of Purchases By Council Members Keane and and Supplies to seek bids for print and Kelley (by departmental request). mailing services for the Clerk of Coun- An emergency ordinance determin- cil, . Patricia J. Britt ing the method of making the public Approved by Committee on Finance. City Clerk, Clerk of Council 861 24 The City Record June 10, 2015

THE CALENDAR for the various Divisions of the Resolution No. 202-15. Department of Public Utilities; and By Interim Director Dumas. Whereas, by letter dated October Be it resolved by the Board of The following measures will be on 8, 2013, Ohio Materials Handling, Control of the City of Cleveland that their final passage at the next meet- Inc., now a division of Burns Indus- ing: the bid of Utilicon Corp. for the pub- trial Equipment, has effectively lic improvement of 2015-B cleaning, requested the City’s consent to the cement mortar or structural lining, NONE acquisition of Ohio Materials Hand - and replacement of distribution ling, Inc. and assumption of all of Ohio Material Handling’s interests water mains, including a $111,949.50 BOARD OF CONTROL and obligations under City Contract contingency allowance, all items, for No. RC2013-95 by Burns Industrial the Division of Water, Department Equipment; now, therefore, of Public Utilities, received on April June 3, 2015 Be it resolved by the Board of 2, 2015, under the authority of Ordi- Control of the City of Cleveland, nance No. 1105-13, passed September The Regular meeting of the Board that as requested by Ohio Material 23, 2013 as amended by Ordinance of Control convened in the Mayor’s Handling’s letter dated October 8, No. 982-14, passed on October 6, 2014, office on Wednesday, June 3, 2015 at 2013, this Board authorizes the upon a unit basis for the improve- 10:37 am. with Acting Director Hor- Director of Public Utilities to con- ment in the aggregate amount of vath presiding. sent to the acquisition of Ohio Mate- $1,231,444.50, is affirmed and Present: Acting Director Horvath, rial Handling and the assumption of approved as the lowest responsible all rights and obligations under City Directors Dumas, Davis, Smith, Cox, bid, and the Director of Public Util- Contract No. RC2013-95 by Burns Parrilla, McGrath, Acting Director ities is authorized to enter into a Cosgrove, Directors Nichols, Fumich Industrial Equipment. contract for the improvement with and O’Leary. Be it further resolved that the the bidder. Absent: Mayor Jackson and Direc- Director of Public Utilities is autho- Be it further resolved by the tor Southerington. rized to execute all documents and Others: Tiffany White, Commis- do all things necessary and appro- Board of Control of the City of sioner, Division of Purchases & Sup- priate to implement the consent Cleveland that the employment of plies. granted above, provided that the the following subcontractors by Util- Melissa Burrows, Director, Office above-mentioned acquisition and icon Corp. for the above-mentioned of Equal Opportunity. assumption do not conflict with the public improvement is approved: On motions, the following resolu- terms and conditions of City Con- tions were adopted, except as may tract No. RC2013-95. A copy of the SUBCONTRACTOR WORK be otherwise noted. consent to acquisition and assump- PERCENTAGE tion shall be filed with the original Resolution No. 199-15. of the contract in the custody of the Commissioner of Accounts. By Director Dumas. Dan-Ray Construction, Resolved, by the Board of Control Yeas: Acting Director Horvath, Directors Dumas, Davis, Smith, Cox, LLC (CSB/MBE) $193,343.30 of the City of Cleveland that the bid 15.701% of Airgas Inc., an estimated quanti- Parrilla, McGrath, Acting Director Cosgrove, Directors Nichols, Fumich ty of various types of commercial, and O’Leary. Cook Paving and Construction medical and specialty gases, for All Nays: None. Co., Inc. (CSB/MBE) $ 99,656.70 Items, for the various divisions of Absent: Mayor Jackson and Direc- 8.093% City government, for a period of two tor Southerington. years starting upon the later of the execution of a contract, or the day Tech Ready Mix, Inc. Resolution No. 201-15. following expiration of the current- (CSB/MBE) $ 78,000.00 By Interim Director Dumas. - 6.334% ly effective contract, received on Be it resolved by the Board of April 30, 2015, under the authority of Control of the City of Cleveland that Yeas: Acting Director Horvath, Section 181.101 of the Codified Ordi- the bid of Paladin Protective Sys- Directors Dumas, Davis, Smith, Cox, nances of Cleveland, Ohio, 1976, tems, Inc. for an estimated quantity which on the basis of the estimated of labor and materials necessary to Parrilla, McGrath, Acting Director quantity would amount to test, inspect, maintain, repair, Cosgrove, Directors Nichols, Fumich $129,204.50, is affirmed and approved enhance or replace electronic secu- and O’Leary. as the lowest and best bid, and the rity systems, items 1-23, for the var- Nays: None. Director of Finance is requested to ious divisions of the Department of Absent: Mayor Jackson and Direc- enter into a requirement contract for Public Utilities, for a period of two tor Southerington. the labor and materials necessary years starting upon the later of the for the specified items. execution of a contract or the day Resolution No. 203-15. The requirement contract shall following expiration of the current- By Interim Director Dumas. further provide that the Contractor ly effective contract for the goods Be it resolved by the Board of shall furnish all the City’s require- or services, with two one-year Control of the City of Cleveland that ments for such labor and materials, options to renew, received on April the bid of Utilicon Corp. for the pub- whether more or less than the esti- 17, 2015 under the authority of Ordi- lic improvement of 2015-A cleaning, mated quantity, as may be ordered nance No. 1340-13, passed November cement mortar or structural lining, under delivery orders separately cer- 11, 2013, which on the basis of the tified to the contract. estimated quantity would amount to and replacement of distribution Yeas: Acting Director Horvath, $583,086.00 (0%, 0 Days), is affirmed water mains, including a $88,630.00 Directors Dumas, Davis, Smith, Cox, and approved as the lowest and best contingency allowance, all items, for Parrilla, McGrath, Acting Director bid, and the Director of Public Util- the Division of Water, Department Cosgrove, Directors Nichols, Fumich ities is requested to enter into a of Public Utilities, received on April and O’Leary. requirement contract for the goods 1, 2015, under the authority of Ordi- Nays: None. and/or services, necessary for the nance No. 1105-13, passed September Absent: Mayor Jackson and Direc- specified items. 23, 2013 as amended by Ordinance tor Southerington. The requirement contract shall No. 982-14, passed on October 6, 2014, further provide that the Contractor upon a unit basis for the improve- Resolution No. 200-15. shall furnish all the City’s require- ment in the aggregate amount of By Director Davis. ments for such goods and/or ser- $974,930.00, is affirmed and approved Whereas, under Board of Control vices, whether more or less than the as the lowest responsible bid, and Resolution No. 415-13, adopted on estimated quantity, as may be the Director of Public Utilities is July 24, 2013, the City of Cleveland ordered under delivery orders sepa- authorized to enter into a contract entered into City Contract No. RC20 rately certified to the contract. 13-95, with Ohio Materials Handling, Yeas: Acting Director Horvath, for the improvement with the bid- Inc. for an estimated quantity of Directors Dumas, Davis, Smith, Cox, der. labor and materials to Parrilla, McGrath, Acting Director Be it further resolved by the maintain/repair/refurbish various Cosgrove, Directors Nichols, Fumich Board of Control of the City of material handling equipment includ- and O’Leary. Cleveland that the employment of ing but not limited to industrial Nays: None. the following subcontractors by Util- trucks, sweepers, scrubbers, aerial Absent: Mayor Jackson and Direc- icon Corp. for the above-mentioned lifts, tractors, and appurtenances, tor Southerington. public improvement is approved: 862 June 10, 2015 The City Record 25

SUBCONTRACTOR WORK Yeas: Acting Director Horvath, SUBCONTRACTOR DOLLAR AMOUNT PERCENTAGE Directors Dumas, Davis, Smith, Cox, Parrilla, McGrath, Acting Director Athos Contracting (CSB) $57,977.00 Dan-Ray Construction, Cosgrove, Directors Nichols, Fumich LLC (CSB/MBE) $168,000.00 and O’Leary. Yeas: Acting Director Horvath, 17.232% Nays: None. Directors Dumas, Davis, Smith, Cox, Absent: Mayor Jackson and Direc- Parrilla, McGrath, Acting Director Cook Paving and Construction tor Southerington. Cosgrove, Directors Nichols, Fumich Co., Inc. (CSB/MBE) $ 69,006.00 and O’Leary. 7.078% Resolution No. 206-15. Nays: None. By Interim Director Dumas. Absent: Mayor Jackson and Direc- Tech Ready Mix, Inc. Be it resolved, by the Board of tor Southerington. (CSB/MBE) $ 58,000.00 Control of the City of Cleveland that 5.949% the conditional bid of Smith Truck Resolution No. 208-15. Cranes & Equipment Co., Inc. except By Director Davis. Yeas: Acting Director Horvath, for such terms and conditions as are Be it resolved, by the Board of Directors Dumas, Davis, Smith, Cox, unacceptable to the Director of Law, Control of the City of Cleveland that Parrilla, McGrath, Acting Director for an estimated quantity of labor all bids received on April 17, 2015 Cosgrove, Directors Nichols, Fumich and materials necessary to repair for fence installation maintenance and O’Leary. and maintain plate trucks Group 1 and/or repair, all items for the Divi- Nays: None. (all items), for the Division of sion of Cleveland Public Power, Absent: Mayor Jackson and Direc- Water Pollution Control, Depart- Department of Public Utilities, tor Southerington. ment of Public Utilities, for a peri- under the authority of Ordinance No. od of two (2) years starting upon 567-13, passed May 6, 2013 are reject- the later of execution of a contract Resolution No. 204-15. ed. or the day following expiration of By Interim Director Dumas. Yeas: Acting Director Horvath, the currently effective contract for Be it resolved by the Board of Directors Dumas, Davis, Smith, Cox, the goods and/or services, received Control of the City of Cleveland that Parrilla, McGrath, Acting Director on March 18, 2015, under the author- the bid of Terrace Construction Cosgrove, Directors Nichols, Fumich ity of Section 181.101 of the Codified and O’Leary. Company, Inc. for the public Ordinances of Cleveland, Ohio, 1976, Nays: None. improvement of 2015-C cleaning, which on the basis of the estimated Absent: Mayor Jackson and Direc- cement mortar or structural lining, quantity would amount to $64,395.23 and replacement of distribution (2% - 10 days), is affirmed and tor Southerington. water mains, including a $309,705.00 approved as the lowest and best bid, contingency allowance, all items, for and the Director of Public Utilities Resolution No. 209-15. the Division of Water, Department is requested to enter into a require- By Director Dumas. of Public Utilities, received on April ment contract for the specified Be it resolved, by the Board of 17, 2015, under the authority of Ordi- goods and/or services. Control of the City of Cleveland that nance No. 1105-13, passed September The requirement contract shall all bids received on March 18, 2015 23, 2013 as amended by Ordinance further provide that the Contractor for labor and materials necessary to No. 982-14, passed on October 6, 2014, shall furnish all the City’s require- repair and maintain television upon a unit basis for the improve- ments for such goods and/or ser- inspection equipment trucks, for the ment in the aggregate amount of vices, whether more or less than the Division of Water Pollution Control, $3,406,755.00, is affirmed and estimated quantity, as may be Department of Public Utilities, approved as the lowest responsible ordered under delivery orders sepa- under the authority of Section bid, and the Director of Public Util- rately certified to the contract. 181.101 of the Codified Ordinances of ities is authorized to enter into a Yeas: Acting Director Horvath, Cleveland, Ohio, 1976, are rejected. contract for the improvement with Directors Dumas, Davis, Smith, Cox, Yeas: Acting Director Horvath, the bidder. Parrilla, McGrath, Acting Director Directors Dumas, Davis, Smith, Cox, Be it further resolved by the Cosgrove, Directors Nichols, Fumich Parrilla, McGrath, Acting Director Board of Control of the City of and O’Leary. Cosgrove, Directors Nichols, Fumich Cleveland that the employment of Nays: None. and O’Leary. the following subcontractors by Ter- Absent: Mayor Jackson and Direc- Nays: None. race Construction Company, Inc. for tor Southerington. Absent: Mayor Jackson and Direc- the above-mentioned public improve- tor Southerington. ment is approved: Resolution No. 207-15. By Interim Director Dumas. Resolution No. 210-15. SUBCONTRACTOR WORK Be it resolved by the Board of By Director Smith. PERCENTAGE Control of the City of Cleveland that Whereas, under the authority, of the bid of Kastra, LLC. for an esti- Ordinance No. 363-13, passed by the The Vallejo Company mated quantity of labor and materi- Council of the City of Cleveland on (CSB/FBE) $482,030.00 als to paint poles and other street- April 29, 2013, and Board of Control 14.149% side elements, all items, for the Divi- Resolution No. 351-14, adopted July sion of Cleveland Public Power, 30, 2014, the City through its Direc- Rockport Construction & Department of Public Utilities, for a tor of Port Control, entered into Con- Materials, Inc. (CSB/FBE) period of two years starting upon tract No. PS2014*121 with Gensler $540,000.00 the later of the execution of a con- Architecture, Design & Planning, 15.85l% tract or the day following expiration P.C. (“Consultant”), to provide pro- of the currently effective contract fessional services necessary to Yeas: Acting Director Horvath, for the goods or services, received design the Cleveland Airport System Directors Dumas, Davis, Smith, Cox, on February 13, 2015 under the Signage Program, Phase 1, includ- Parrilla, McGrath, Acting Director authority of Section 181.101 of the ing related improvements for a peri- Cosgrove, Directors Nichols, Fumich Codified Ordinances of Cleveland od of one year, with three one-year and O’Leary. Ohio, 1976, which on the basis of the options to renew, for the various Nays: None. estimated quantity would amount to divisions of the Department of Port Absent: Mayor Jackson and Direc- $289,450.00 (0%, 0 Days), is affirmed Control. tor Southerington. and approved as the lowest and best Whereas, the City has determined bid, and the Director of Public Util- the need for additional design ser- Resolution No. 205-15. ities is requested to enter into a vices to complete the design of the By Interim Director Dumas. requirement contract for the goods Cleveland Hopkins International Be it resolved, by the Board of and/or services necessary for the Airport Signage Program, Phase 1; Control of the City of Cleveland that specified items. Whereas, the Consultant has pro- all bids received on April 15, 2015 The requirement contract shall posed by its letter dated May 20, for Rehabilitating and Relining further provide that the Contractor 2015 to perform the additional work Sewers at various locations city- will furnish the remainder of the necessary for an amount of wide, for the Division of Water Pol- requirement for the goods and/or $109,769.00; now, therefore, lution Control, Department of Public services, whether more or less than Be it resolved by the Board of Utilities, under the authority of Sec- the estimated quantity, as may be Control of the City of Cleveland that tion 129.292 of the Codified Ordi- ordered under subsequent delivery the Director of Port Control is nances of Cleveland, Ohio, 1976, are orders separately certified against authorized to enter into a First Mod- rejected. the contract. ification to City Contract No. 863 26 The City Record June 10, 2015

PS2014*121 between the City of Resolution No. 212-15. Yeas: Acting Director Horvath, Cleveland and Gensler Architecture, By Director Cox. Directors Dumas, Davis, Smith, Cox, Design & Planning, P.C. for addi- Be it resolved, by the Board of Parrilla, McGrath, Acting Director tional design services related to Control of the City of Cleveland that Cosgrove, Directors Nichols, Fumich Cleveland Airport System Signage all bids received on February 5,, and O’Leary. Program, Phase 1, at Cleveland Hop- 2015, for the purchase of various Nays: None. kins International Airport. The hydraulic hoses, fittings, etc., parts Absent: Mayor Jackson and Direc- amount to be paid for all services and labor, all items, for the Division tor Southerington. shall be increased by $109,769.00 of Motor Vehicle Maintenance, from $328,620.00 to a total amount Department of Public Works, under Resolution No. 215-15. not to exceed $438,389.00. the authority of Section 131.64 of the By Director Rush. Be it further resolved that the Codified Ordinances of Cleveland, Whereas, under Ordinance No. amount attributed to the following Ohio, 1976, are rejected. 2076-76 passed October 25, 1976, the subconsultant approved in Board of Yeas: Acting Director Horvath, City is conducting a Land Reuti- Control Resolution No. 351-14, adopt- Directors Dumas, Davis, Smith, Cox, lization Program (“Program”) ed July 30, 2014, is amended as fol- Parrilla, McGrath, Acting Director according to the provisions of Chap- lows: Cosgrove, Directors Nichols, Fumich ter 5722 of the Ohio Revised Code; and O’Leary. and Sub-consultant Percentage Nays: None. Whereas, under the Program, the Amount Absent: Mayor Jackson and Direc- City has acquired Permanent No. tor Southerington. 002-20-013 located at 8421 Detroit Signature Sign Co., Inc. 8.520%-CSB Avenue; and $28,000.00 Resolution No. 213-15. Whereas, Section 183.021 of the By Director Cox. Codified Ordinances of Cleveland, Ohio 1976 authorizes the Commis- Be it further resolved that all Be it resolved, by the Board of sioner of Purchases and Supplies, other terms of Resolution No. 351-14 Control of the City of Cleveland that when directed by the Director of not expressly amended by this reso- all bids received on March 19, 2015, for the purchase of various fire Community Development and when lution shall remain unchanged and certain specified conditions have apparatus parts and labor, all items, in full force and effect. been met, to lease Land Reutiliza- for the Division of Motor Vehicle Yeas: Acting Director Horvath, tion Program parcels; and Maintenance, Department of Public Directors Dumas, Davis, Smith, Cox, Whereas, Mariah Hayden has pro- Works, under the authority of Sec- Parrilla, McGrath, Acting Director posed to the City to lease and devel- Cosgrove, Directors Nichols, Fumich tion 131.64 of the Codified Ordi- op the parcel for market garden; and O’Leary. nances of Cleveland, Ohio, 1976, are and Nays: None. rejected. Whereas, the following conditions Absent: Mayor Jackson and Direc- Yeas: Acting Director Horvath, exist: tor Southerington. Directors Dumas, Davis, Smith, Cox, 1. The member of Council from Parrilla, McGrath, Acting Director Ward 15 has either approved the Resolution No. 211-15. Cosgrove, Directors Nichols, Fumich proposed lease or has not disap- By Director Smith. and O’Leary. proved or requested a hold of the Resolved, by the Board of Control Nays: None. proposed lease within 45 days of of the City of Cleveland that the bid Absent: Mayor Jackson and Direc- notification of it; of Architectural Floors of Cleveland, tor Southerington. 2. The proposed lessee of the par- Inc. for an estimated quantity of cel is neither tax delinquent nor in Resolution No. 214-15. labor and materials necessary to violation of the Building and Hous- By Director Rush. install carpeting and tile, all items, ing Code; now, therefore, Whereas, Board of Control Reso- for the various divisions of the Be it resolved by the Board of lution No. 55-15, adopted February Control of the City of Cleveland that Department of Port Control, for a 18, 2015, authorized the sale and under Section 183.021 of the Codified period of one year beginning with development of Permanent Parcel Ordinances of Cleveland, Ohio, 1976, the date of execution of a contract, Nos. 133-22-036, 133-22-048 and 133-22- the Commissioner of Purchases and with one one-year option to renew, 049 to Idethel Evans-Gaines and Supplies is authorized, when direct- received on April 8, 2015, under the Carl Kirby Gaines for parking, as ed by the Director of Community authority of Section 181.101(a)(2) of part of the City Land Reutilization Development, and the Mayor is the Codified Ordinances of Cleve- Program established under Ordi- requested, to execute a lease for a land, Ohio 1976, which on the basis nance No. 2076-76, passed by the term of three (3) years, for and on of the estimated quantity would Cleveland City Council on October behalf of the City of Cleveland, with amount to $249,927.80, is affirmed 25, 1976; and Mariah Hayden for the lease and and approved as the lowest and best Whereas, subsequent to adoption development of Permanent Parcel bid, and the Director of Port Control of Resolution No. 55-15, the proposed No. 002-20-013 located at 8421 Detroit is requested to enter into a require- purchaser of the parcels requested a Avenue, according to the Land ment contract for the goods and/or change in the name of the entity Reutilization Program in such man- services specified. acquiring the parcels to read. “Ide- ner as best carries out the intent of The requirement contract shall thel Evans-Gaines, Trustee of The the program. further provide that the Contractor Idethel K. Evans-Gaines Revocable Be it further resolved that the con- shall furnish the City’s requirements Living Trust and Renee Kirby, sideration for the lease of the par- for the goods and/or services, Trustee of the Kirby-Gaines Family cel shall be a one-time fee of $3.00, which amount is determined to be whether more or less than the esti- Revocable Living Trust”; now, there- not less than the fair market value mated quantity, as may be ordered fore, of the parcel for uses according to under delivery orders separately cer- Be it resolved by the Board of the Program. tified to the contract. Control of the City of Cleveland that Yeas: Acting Director Horvath, Be it further resolved that the Resolution No. 55-15, adopted by this Directors Dumas, Davis, Smith, Cox, employment of the following sub- Board February 18, 2015, authorizing Parrilla, McGrath, Acting Director contractor by Architectural Floors the sale and development of Perma- Cosgrove, Directors Nichols, Fumich of Cleveland, Inc. is approved: nent Parcel Nos. 133-22-036, 133-22-048 and O’Leary. and 133-22-049 to Idethel Evans- Nays: None. Subcontractor Percentage Gaines and Carl Kirby Gaines for Absent: Mayor Jackson and Direc- Amount parking, is amended by substituting tor Southerington. “Idethel Evans-Gaines, Trustee of Commercial Tile & Stone, The Idethel K. Evans-Gaines Revo- JEFFREY B. MARKS, Inc. 8.12% CSB/FBE cable Living Trust and Renee Secretary $20,300.00 Kirby, Trustee of the Kirby-Gaines Family Revocable Living Trust” for Yeas: Acting Director Horvath, “Idethel Evans-Gaines and Carl CIVIL SERVICE NOTICES Directors Dumas, Davis, Smith, Cox, Kirby Gaines”, where appearing in ______Parrilla, McGrath, Acting Director the resolution. General Information Cosgrove, Directors Nichols, Fumich Be it further resolved that all Application blanks and informa- and O’Leary. other provisions of Resolution No. tion, regarding minimum entrance Nays: None. 55-15 not expressly amended above qualifications, scope of examination, Absent: Mayor Jackson and Direc- shall remain unchanged and in full and suggested reference materials tor Southerington. force and effect. may be obtained at the office of the 864 June 10, 2015 The City Record 27

Civil Service Commission, Room 119, D2 Multi-Family Residential Dis- 2. Section 349.15(c) which states City Hall, East 6th Street, and Lake- trict. The owner appeals for relief that four (4) bicycle spaces are side Avenue. from the strict application of Section required and none are proposed. 358.04(a) which states that fences in 3. Section 349.07 which states that Application blanks must be prop- front and side street yards shall not accessory off-street spaces shall be erly filled out on the official form exceed four (4) feet in height; pro- provided with wheel guards and prescribed by the Civil Service Com- posed ornamental fence is 6 feet. none are proposed. mission and filed at the office of the (Filed May 21, 2015) 4. Section 352.09 which states that commission not later than the final a minimum of a 6 foot wide land- closing date slated in the examina- Calendar No. 15-123: 876-886 East scaping strip is required and no tion announcement. 200th Street (Ward 8) landscaping is proposed. Paul Smolic, owner, proposes to 5. Note: Lot consolidation is EXAMINATION RESULTS: Each remove a two-family dwelling at the required and appellant has erected applicant whether passing or failing corner of East 200th Street and a fence 15 feet into the right-of-way will be notified of the results of the Kewanee Ave. in order to erect an without an encroachment permit. examination as soon as the commis- addition to the existing auto repair The right-of-way within fenced area sion has graded the papers. There- shop located at 886 East 200th Street after, eligible lists will be estab- is being used for additional parking. in a C1 Local Retail Business Dis- May 15, the appellant requested a lished which will consist of the trict. The owner appeals for relief vacation of the right-of-way. (Filed names of those candidates who have from the following sections of the May 28, 2015) been successful in all parts of the Cleveland Codified Ordinances: examination. 1. Section 343.01 which states that Secretary auto repair is not permitted in a PHYSICAL EXAMINATION: All Local Retail Business District. candidates for original entrance po- 2. Section 345.03(c)(2) which REPORT OF THE BOARD sitions who are successful in other states that a Motor vehicle major parts of the examinations must sub- repair garage as defined in Section OF ZONING APPEALS mit to a physical examination. 325.484 is first permitted in a Semi- Industry District if located 100 feet ROBERT BENNETT, away from a Residential District; MONDAY, JUNE 8, 2015 President the proposed addition will abut a Residential District. At the meeting of the Board of SCHEDULE OF THE BOARD 3. Section 352.09 which states that Zoning Appeals on Monday June 8, an 8' wide transition strip is 2015 the following appeals were OF ZONING APPEALS required at the rear where the lot scheduled for hearing before the abuts a Two Family Residential Board. District. MONDAY, JUNE 29, 2015 4. Section 349.04(g) which states The following appeals were that 17 parking spaces are required APPROVED: 9:30 A.M. and none are shown. 5. Section 352.10 which states that Calendar No. 15-57: 3047 West 47th Violation Notice a 6 foot wide landscape strip is required where the parking lot Street Calendar No. 15-106: 11901 Lorain Christopher Flynn, owner, propos- Avenue (Ward 11) abuts the street and none are shown. (Filed May 22, 2015) es to erect a four foot high chain Kabob Station (listed as “Respon- link fence in the front yard of a res- sible Party” on VN) appeals under idence in a B1 Two-Family Resi- the authority of Section 76-6 of the Calendar No. 15-124: 2055 Murray Charter of the City of Cleveland and Hill Road (Ward 6) dential District. Section 329.02(d) of the Cleveland Nicholas Vaccariello, owner, pro- Codified Ordinances and disputes poses to rebuild a 20' x 20' garage Calendar No. 15-58: 3051 West 47th the Notice of Violation V15010213 in a B1 Multi-Family Residential Street issued on April 6, 2015 by the Cleve- District. The owner appeals for Christopher Flynn, owner, propos- land Department of Building and relief from the strict application of es to erect a four foot high chain Housing for failure to comply with Section 337.23(a)(7)(A) which states link fence in the front yard of a res- Section 327.02 regarding establish- that in a residence district the idence in a B1 Two-Family Resi- ing use as a “Nite Club” without a accessory garage shall be located a dential District. Certificate of Occupancy and Section minimum of 18 inches from all prop- 347.08(A) which states that trash erty lines and 0 inches are proposed. Calendar No. 15-63: 2150 West 18th areas and refuse containers shall be (Filed May 27, 2015) Street located so that they shall not be vis- Carolyn Bentely, owner, proposes ible from the public street or any lot Violation Notice to erect a 2 story 22' - 2" x 20' - 11" designated for residential purposes. Calendar No. 15-100: 2424 East 13th addition, that will house a master (Filed May 6, 2015) Street aka 1245 Webster Avenue bedroom and an attached garage, to (Ward 3) Violation Notice an existing single family residence Harvey J. Schach, owner, appeals in a B1 Multi-Family Residential Calendar No. 15-115: 11901 Lorain under the authority of Section 76-6 District. Avenue (Ward 11) of the Charter of the City of Cleve- 4300 West 130 LLC., owner, land and Section 329.02(d) of the Calendar No. 15-103: 12815 Lorain appeals under the authority of Sec- Cleveland Codified Ordinances and tion 76-6 of the Charter of the City disputes the Notice of Violation Avenue of Cleveland and Section 329.02(d) V15010604 issued on April 9, 2015 by Fred Assad, owner, and Khalil of the Cleveland Codified Ordi- the Cleveland Department of Build- Ewais, tenant, propose to construct nances and disputes the Notice of ing and Housing for failure to com- a parking lot in a General Retail Violation V15010213 issued on April ply with Section 327.02 regarding Business Zoning District. 6, 2015 by the Cleveland Department establishing use as a parking lot of Building and Housing for failure without a Certificate of Occupancy. Calendar No. 15-107: 5209 Euclid to comply with Section 327.02 (Filed April 30, 2015) Avenue regarding establishing use as a Community Action Against Addic- “Nite Club” without a Certificate of tion, owner, propose to change use Occupancy and Section 347.08(A) Calendar No. 15-125: 1260 Gardner from office to residential drug reha- which states that trash areas and Court aka 1245 Webster Avenue bilitation facility in the Midtown refuse containers shall be located so (Ward 3) that they shall not be visible from Progressive Property North, LP., Mixed Use District 4, (MMUD-4). the public street or any lot desig- owner, proposes to establish use as nated for residential purposes. a parking lot in an E5 Semi-Indus- The following appeal was (Filed May 6, 2015) try District. The owner appeals for DENIED: relief from the following sections of Calendar No. 15-122: 809 East 88th the Cleveland Codified Ordinances: Calendar No. 15-105: 2167 East 55th Street (Ward 10) 1. Section 325.03 which states that Street/Violation Notice Garden View Townhouses LLC., the minimum area for an accessory Abeco-Ayad, Inc., owner, appeals owner, proposes to install a 6' high off-street parking space is 180 under the authority of Section 76-6 ornamental fence in the front and square feet and 141.04 square feet of the Charter of the City of Cleve- side yard of a parcel located in a are proposed. land and Section 329.02(d) of the 865 28 The City Record June 10, 2015

Cleveland Codified Ordinances and The following cases were There will be a mandatory meet- disputes the Notice of Violation AFFIRMED (variance rights ing/conference call for all poten- V15012843. extended an additional 6 months): tial proposers on Thursday, May 28, 2015, at 2:00 p.m. (EST). Potential The following appeal was WITH- Calendar Nos. 14-72 & 14-73: 2058 & proposers may attend in person at DRAWN: 2060 West 26th Street , 601 Lakeside LPM Real Estate proposed to con- Avenue, East, Cleveland, Ohio, in struct two new houses. Variance Calendar No. 15-61: 8 Lakefront Mercedes Cotner Council Committee rights are extended to December 16, Walk Room 217; or participate by confer- 2015. Vincent and Susan Degeorge, own- ence call (call-in information will ers, propose to erect a 24' x 35', 1 Calendar No. 14-206: 11601 Mayfield be supplied upon request to story, 3 car garage in an A1 One- Road [email protected]). Family Residential District. Housing Inc. _____ proposed to construct a high rise The following cases were POST- mixed use building. Variance rights May 20, 2015, May 27, 2015, June 3, PONED: are extended to December 8, 2015. 2015 and June 10, 2015

Calendar No. 15-104: 5806 Broadway Secretary Avenue NOTICE OF PUBLIC HEARING 5806 Broadway Properties, LLC. Postponed to July 13, 2015. REPORT OF THE BOARD OF BUILDING STANDARDS NONE Calendar No. 15-108: 12728 Bellaire Road AND BUILDING APPEALS Misin Cristiana. Postponed to July CITY OF CLEVELAND BIDS 6, 2015. NO MEETING The following cases were heard and approved by the Board of Zon- For All Departments ing Appeals on Monday, June 1, 2015 and the decisions were adopted and PUBLIC NOTICE Sealed bids will be received at the approved on Monday, June 8, 2015: office of the Commissioner of Pur- Request For Proposals chases and Supplies, Room 128, City Calendar No. 15-38: 9915 St. Clair Hall, in accordance with the append- Avenue SOFTWARE SOLUTION AND ed schedule, and will be opened and Inter City Investors Inc., owner, PROFESSIONAL SERVICES FOR read in Room 128, City Hall, imme- proposes to alter retail stores, new AN INTEGRATED LEGISLATIVE MANAGEMENT SYSTEM diately thereafter. driveway and parking lot behind Each bid must be made in accor- building and approximately 250 lin- PROPOSAL DUE DATE/TIME: dance with the specifications and ear feet of six foot high chain link Thursday, June 11, 2015 / 4:00 p.m. must be submitted on the blanks fence with barbed wire in a C2 (Eastern Standard Time) supplied for the purpose, all of Local Retail Business. which may be obtained at the office TO GET A COPY OF THIS Calendar No. 15-54: 6202 St. Clair RFP, GO TO of the said Commissioner of Pur- Avenue www.clevelandcitycouncil.org. chases and Supplies, but no bid will St. Martin de Porres High School, be considered unless delivered to owner, proposes to erect a 3 story, Cleveland City Council requests the office of the said commissioner 66,708 square foot ‘L’ shaped addi- responses from qualified parties to previous to 12:00 noon (Eastern provide a software solution and pro- tion in a C1 Local Retail Business Standard Time) on the date speci- fessional services for an integrated District. fied in the schedule. legislative management system for the Council. 187.10 Negotiated contracts; Notice The following case was heard and Council is the legislative branch required in Advertisement for Bids. approved by the Board of Zoning of the municipal government of the Where invitations for bids are Appeals on Monday, March 23, 2015 City of Cleveland. The Office of advertised, the following notice and the decision was adopted and City Council conducts a wide array shall be included in the advertise- approved on Monday, June 8, 2015: of research, policy, legislative, doc- ment: “Pursuant to the MBE/FBE ument management, archive and Code, each prime bidder, each minor- Calendar No. 15-36: 1827 West 38th publishing activities. In 2009, Coun- ity business enterprise (“MBE”) and Street cil contracted for professional ser- each female business enterprise Andrew Pierson, owner, proposes vices to create a comprehensive Leg- to construct a 1,450 square foot and islative Management System (LMS), (“FBE”) must be certified before 2 story single family house on a to serve as the operational spine for doing business with the City. There- 2,190 square foot lot in a B1 Two a wide array of current Council fore, any prime contractor wishing Family Residential District. functions, be integrated with exist- to receive credit for using an MBE ing office software/hardware/net- or FBE should ensure that applica- work infrastructure, and have the The following case was heard and tions for certification as to MBE or capacity to bring additional func- approved by the Board of Zoning tionality and integration in the FBE status compliance with the Appeals on Monday, May 18, 2015 future. Council selected the OnBase Code, affirmative action in employ- and the decision was adopted and software as a service platform, ment and, if applicable, joint ven- approved on Monday, June 8, 2015: which has been customized for the ture status, are submitted to the of - legislative functions of Council. fice of Equal Opportunity (“OEO”) Calendar No. 15-78: 16408 Myrtle Through this RFP, Council is prior to the date of bid opening or Avenue seeking proposals for the next submission of proposals or as speci - Michelle Payne, owner, proposes phase of LMS development. Coun- fied by the Director. Failure to com- to establish use as a Type A day cil’s major goals for its LMS is to ply with the business enterprise care in an A1 One-Family Residen- integrate many users across multi- tial District. ple platforms, continue to reduce the code or with representations made cost of managing Council’s work- on these forms may result in can- The following appeal was REIN- flow, and to become as “paperless” cellation of the contract or other STATED: as possible. The Council is seeking civil or criminal penalties.” a proven software solution to meet Calendar No. 15-102: 14317 Gramatan these goals. The Council is also THURSDAY, JUNE 18, 2015 Avenue looking for a software provider or Diana Galdamez, owner, proposes vendor-authorized consulting part- File No. 65-15 — Chrysler Dodge and to erect an 8' x 12' open wolman- ner to configure, implement, train Jeep Passenger Car, Light and ized deck in a B1 Two-Family Res- core users and provide ongoing tech- Medium Duty Parts and Labor, idential District. nical support. for the Division of Motor Vehicle 866 June 10, 2015 The City Record 29

Maintenance, Department of Pub- THURSDAY, JULY 2, 2015 Cuyahoga County Map Records of lic Works, as authorized by Sec- part of Original Brooklyn Township tion 131.64 of the Codified Ordi- File No. 68-15 — Purchase of Traf- Lot No. 70 and being further bounded nances of Cleveland, Ohio, 1976. fic Paint And Related Materials, and described as follows: THERE WILL BE A NON-MANDA- for the Division of Motor Vehicle Being the westerly 26.00 feet of TORY PRE-BID MEETING FRI- Maintenance, Department of Pub- West 24th Street (66.00 feet wide) DAY, JUNE 12, 2015 AT 10:00 A.M. lic Works, as authorized by Sec- extending from the south right of way CLEVELAND CITY HALL, ROOM tion 181.101 of the Codified Ordi- of Bridge Avenue (66.00 feet wide) to 8, 601 LAKESIDE AVENUE, nances of Cleveland, Ohio, 1976. that portion of West 24th Street vacat- CLEVELAND, OHIO 44114. THERE WILL BE A NON-MANDA- ed by ordinance 1021-89 passed June TORY PRE-BID MEETING 6th 1989. THURSDAY, JUNE 18, 2015 AT June 3, 2015 and June 10, 2015 Vacation Portion 2 11:30 A.M. CLEVELAND CITY Situated in the City of Cleveland, FRIDAY, JUNE 19, 2015 HALL, ROOM 8, 601 LAKESIDE County of Cuyahoga and State of Ohio AVENUE, CLEVELAND, OHIO and known as being part of Sublot No. File No. 64-15 — 2015 City Wards of 44114. 241 in the Willeyville Allotment of Cleveland Public Improvements part of Original Brooklyn Township Requirements Construction Con- File No. 69-15 — Wire Cable and Lots Nos. 69 and 70, as shown by plat tract (Re-bid), for the Division of Accessories, for the Division of recorded in Volume 2 of Maps, Page 16 Engineering and Construction, Cleveland Public Power, Depart- of Cuyahoga County Records, and Mayor’s Office of Capital Pro- ment of Public Utilities, as autho- bounded and described as follows: jects, as authorized by Ordinance rized by Section 129.26 of the Cod- Beginning at the intersection of the No. 1325-14, passed by the Council ified Ordinances of Cleveland, present Northerly line of Lorain of the City of Cleveland, Novem- Ohio, 1976. Avenue, 66 feet wide, with the Easter- ber 17, 2014. THERE WILL BE A NON-MANDA- ly line of West 24th Street, 66 feet *THERE WILL BE A NON- TORY PRE-BID MEETING wide; thence North 30° 34’ 35” West REFUNDABLE FEE FOR PLANS THURSDAY, JUNE 18, 2015 AT along said Easterly line of West 24th AND SPECIFICATIONS IN THE 11:00 A.M. THE TOM L. JOHNSON Street 150 feet to the Southerly line of AMOUNT OF SEVENTY FIVE Moore Court, N.W. vacated as shown DOLLARS ($75.00) ONLY IN THE BUILDING, CONFERENCE ROOM A, 1300 LAKESIDE AVENUE, in Volume 194 of Maps, Page 42 of FORM OF A CASHIER’S CHECK Cuyahoga County Records ; thence CLEVELAND, OHIO 44114. OR A MONEY ORDER (NO COM- North 59° 30’ 10” East along the PANY CHECKS, NO CASH AND Southerly line of said vacated Moore NO CREDIT CARDS WILL BE File No. 70-15 — Labor and Materi- Court N.W., 14.73 feet to intersection ACCEPTED TO PURCHASE als Necessary for Painting and with a turnout; thence Southeasterly PLANS). Paint Removal on Roadways, along said turnout on a curved line THERE WILL BE A NON-MANDA- Runways and other Paved Sur- deflecting to the left 103.72 feet; said TORY PRE-BID MEETING faces, for the various Divisions of curve having a radius of 166.50 feet THURSDAY, JUNE 11, 2015 AT Port Control, Department of Port and the chord of whose arc bears 9:30 A.M. CLEVELAND CITY Control, as authorized by Ordi- South 53° 48’ 45” East 102.05 feet to a HALL, ROOM 518, 601 LAKESIDE nance No. 269-15, passed by the point in the Easterly line of said AVENUE, CLEVELAND, OHIO Council of the City of Cleveland, Sublot No. 241; thence South 30° 34’ 35” 44114. April 17, 2015. East along the Easterly line of Sublot *Bidders must purchase plans and THERE WILL BE A NON-MANDA- No. 241, 56.48 feet to the present specifications directly from the TORY PRE-BID MEETING FRI- Northerly line of Lorain Avenue, 66 office of the Commissioner of DAY, JUNE 19, 2015 AT 10:00 A.M. feet wide; thence South 59° 42’ 10” Purchases and Supplies. Only reg- THE DEPARTMENT OF PORT West along the Northerly line of istered Plan Holders will receive Lorain Avenue, 55 feet to the place of Addenda. Bids cannot be accept- CONTROL, CLEVELAND HOP- KINS INTERNATIONAL AIR- beginning, containing about 5820 ed from Bidders who only pur- square feet, be the same more or less PORT’S CENTRAL RECEIVING chase plans from other entities but subject to all legal highways. BUILDING, 19451 FIVE POINTS such as Plan Rooms and/or who Legal Description approved by fail to register to be on the City ROAD, CLEVELAND, OHIO 44135- Greg Esber, Section Chief, Plats, Sur- of Cleveland Plan Holders List. 3193. veys and House Numbering Section. Section 2. That this resolution is File No. 66-15 — Purchase of John June 10, 2015 and June 17, 2015 declared to be an emergency measure Deere Parts and Labor (Re-bid), and, provided it receives the affirma- for the Division of Motor Vehicle tive vote of two-thirds of all the mem- Maintenance, Department of Pub- ADOPTED RESOLUTIONS bers elected to Council, it shall take lic Works, as authorized by Sec- AND ORDINANCES effect and be in force immediately tion 181.101 of the Codified Ordi- upon its adoption and approval by the nances of Cleveland, Ohio, 1976. Mayor; otherwise it shall take effect THERE WILL BE A NON-MANDA- Res. No. 248-15. and be in force from and after the ear- TORY PRE-BID MEETING FRI- By Council Members Cimperman, liest period allowed by law. DAY, JUNE 12, 2015 AT 10:30 A.M. K. Johnson and Brancatelli (by Adopted June 1, 2015. CLEVELAND CITY HALL, ROOM departmental request). Effective June 2, 2015. 8, 601 LAKESIDE AVENUE, An emergency resolution declaring CLEVELAND, OHIO 44114. the intent to vacate a portion of West 24th Street. June 3, 2015 and June 10, 2015 Whereas, this Council is satisfied Res. No. 354-15. that there is good cause to vacate a By Council Members K. Johnson WEDNESDAY, JULY 1, 2015 portion of West 24th Street, as and Brancatelli (by departmental described; and request). File No. 67-15 — Purchase of Wood Whereas, this resolution consti- An emergency resolution declaring Poles, Crossarms and Accessories tutes an emergency measure for the the intent to vacate a portion of East (Re-bid), for the Division of immediate preservation of public 4th Street and East 6th Street. Cleveland Public Power, Depart- peace, property, health or safety, Whereas, this Council is satisfied ment of Public Utilities, as autho- now, therefore, that there is good cause to vacate a rized by Section 129.26 of the Cod- Be it resolved by the Council of portion of East 4th Street and East ified Ordinances of Cleveland, the City of Cleveland: 6th Street, as described; and Ohio, 1976. Section 1. That this Council Whereas, this resolution consti- THERE WILL BE A NON- declares its intent to vacate a portion tutes an emergency measure provid- MANDATORY PRE-BID MEET- of the following described real prop- ing for the usual daily operation of ING FRIDAY, JUNE 12, 2015 AT erty: a municipal department; now, there- 10:00 A.M. THE TOM L. JOHNSON fore, BUILDING, CONFERENCE ROOM Vacation Portion 1 Be it resolved by the Council of A, 1300 LAKESIDE AVENUE, Situated in the City of Cleveland, the City of Cleveland: CLEVELAND, OHIO 44114. County of Cuyahoga and State of Ohio Section 1. That this Council and being part of West 24th Street as declares its intent to vacate a portion shown on the Willeyville Allotment of the following described real prop- June 3, 2015 and June 10, 2015 as recorded in Volume 2, Page 16 of erty: 867 30 The City Record June 10, 2015

East 4th Street (Partial Vacation) and, provided it receives the affirma- Leonard Street N.W. Situated in the City of Cleveland, tive vote of two-thirds of all the mem- Situated in the City of Cleveland, County of Cuyahoga and State of Ohio bers elected to Council, it shall take County of Cuyahoga and State of Ohio and known as being part of East 4th effect and be in force immediately and known as being all the remaining Street (60 feet wide) and being part of upon its adoption and approval by the portion of Leonard Street N.W. (50.00 Original Two Acre Lot Nos. 100 & 101 Mayor; otherwise it shall take effect feet wide) extending from that por- and is further bounded and described and be in force from and after the ear- tion of Leonard Street N.W vacated by as follows: liest period allowed by law. ordinance 2691-89, passed December Beginning at a 1" iron pin found at Adopted June 1, 2015. 11, 1989 southwesterly to its terminus. the intersection of the center line of Effective June 2, 2015. Legal Description approved by East 4th Street (60 feet wide) and the Greg Esber, Section Chief, Plats, Sur- center line of Prospect Avenue S.E. veys and House Numbering Section. (82.5 feet wide); Section 2. That this resolution is Thence South 12°-09'-05" East, Res. No. 408-15. declared to be an emergency measure along the center line of said East 4th By Council Members Cimperman, and, provided it receives the affirma- Street, a distance of 41.22 feet to a K. Johnson and Brancatelli (by tive vote of two-thirds of all the mem- point of intersection with the Souther- departmental request). bers elected to Council, it shall take ly right-of-way of said Prospect An emergency resolution declaring effect and be in force immediately Avenue; the intent to vacate a portion of upon its adoption and approval by the Thence North 77°-56'-10" East, Eugene Place. Mayor; otherwise it shall take effect along the Southerly right-of-way of Whereas, this Council is satisfied and be in force from and after the ear- said Prospect Avenue, a distance of that there is good cause to vacate a liest period allowed by law. 10.00 feet and the principle place of portion of Eugene Place N.W., as Adopted June 1, 2015. beginning of the land herein described; and Effective June 2, 2015. described. Whereas, this resolution consti- tutes an emergency measure provid- Course 1: ing for the usual daily operation of Thence North 77°-56'-10" East, a municipal department; now, there- Res. No. 578-15. along the Southerly right-of-way of fore, By Council Member Zone (by said Prospect Avenue, a distance of Be it resolved by the Council of departmental request). 20.00 feet to its intersection with the the City of Cleveland: An emergency resolution approv- Easterly right-of-way of said East 4th Section 1. That this Council ing the continuation of the Gordon Street; declares its intent to vacate a portion Square Arts District - Cleveland of the following described real prop- Improvement District as a Special Course 2: erty: Improvement District in the City; Thence South 12°-09'-05" East, accepting petitions from owners of along the Easterly right-of-way of Eugene Place N.W. property in the District; approving an said East 4th Street, a distance of Situated in the City of Cleveland, amendment to the Articles of Incorpo- 176.16 feet to an angle point; County of Cuyahoga and State of Ohio ration of the Gordon Square Arts Dis- and being part of the Cleveland Cen- trict - Cleveland Improvement Corpo- Course 3: tre Allotment of the Ox Bow as shown ration; approving a new plan for pub- Thence South 46°-27'-25" East, con- by the recorded plat in Volume 2 of lic services; declaring it necessary to tinuing along the Easterly right-of- Maps, Page 21 of Cuyahoga County provide cleaning and maintenance of way of said East 4th Street, a distance Records, further described as follows; the public rights-of-way, additional of 55.15 feet to an angle point; Being all that portion of Eugene security, and collective marketing for Place N.W. (12.00 feet wide) extend- the District; and providing for the Course 4: ing from the West right of way of assessment of the cost of such work Thence South 33°-59'-52" East, con- Columbus Road N.W. (width varies) upon benefited property in the Dis- tinuing along the Easterly right-of- Westerly to that portion of Winter trict; and declaring an emergency. way of said East 4th Street, a distance Street N.W. (40.00 feet wide) vacated Whereas, Chapter 1710 of the Ohio of 146.92 feet to its intersection with by ordinance 2118-90. Revised Code (the “Revised Code”) the Northerly right-of-way line of Legal Description approved by authorizes the formation of special Huron Road (94 feet wide); Greg Esber, Section Chief, Plats, Sur- improvement districts within the veys and House Numbering Section. boundaries of a municipality by Course 5: Section 2. That this resolution is petition of property owners in a dis- Thence South 55°-57'-58" West, declared to be an emergency measure trict and approval by the munici- along the Northerly right-of-way line and, provided it receives the affirma- pality for the purpose of developing of said Huron Road, a distance of tive vote of two-thirds of all the mem- and implementing plans for public 45.50 feet; bers elected to Council, it shall take improvements and public services effect and be in force immediately that benefit a district; and Course 6: upon its adoption and approval by the Whereas, owners of at least sixty Thence North 33°-56'-22" West, a Mayor; otherwise it shall take effect percent of the front footage of all distance of 170.74 feet; and be in force from and after the ear- real property located in the Gordon liest period allowed by law. Square Arts District - Cleveland Course 7: Adopted June 1, 2015. Improvement District (the “Dis- Thence North 12°-09'-05" West, a Effective June 2, 2015. trict”) that abuts upon any street, distance of 216.60 feet to the principle alley, public road, place, boulevard, place of beginning and containing parkway, park entrance, easement, 0.2809 Acres (12,238 Square Feet) of or other existing public improve- land. Res. No. 528-15. ment within the District, excluding Be the same more or less, but sub- By Council Members Cimperman, certain property as provided in Sec- ject to all legal highways and ease- K. Johnson and Brancatelli (by tion 1710.02(E) of the Revised Code, ments of record. departmental request). have signed petitions (the “Peti- An emergency resolution declaring tions”) requesting that the City of East 6th Street (Vacation) the intent to vacate a portion of Cleveland (“the City”) continue the Situated in the City of Cleveland, Leonard Street N.W. District consisting generally of that County of Cuyahoga and State of Ohio Whereas, this Council is satisfied portion of the City that abuts upon and being part of Original Two Acre that there is good cause to vacate a Detroit Avenue between West 58th Lot No. 102, further bounded and portion of Leonard Street N.W., as Street, on the east, and West 73rd described as follows: described; and Street, on the west, including addi- Being all that portion of East 6th Whereas, this resolution consti- tional assessed front footage to the Street (12.00 feet wide) extending tutes an emergency measure provid- north on West 65th Street and on from the south right of way of ing for the usual daily operation of West 67th Street as described in this Prospect Avenue S.E. (82.5 feet wide) a municipal department; now, there- ordinance; and southerly to the north right of way of fore, Whereas, the District is governed Huron Road (94 feet wide). Be it resolved by the Council of by the Gordon Square Arts District Legal Description approved by the City of Cleveland: - Cleveland Improvement Corpora- Greg Esber, Section Chief, Plats, Sur- Section 1. That this Council tion (the “Corporation”), an Ohio veys and House Numbering Section. declares its intent to vacate a portion nonprofit corporation formed under Section 2. That this resolution is of the following described real prop- Chapters 1702 and 1710 of the declared to be an emergency measure erty: Revised Code; and 868 June 10, 2015 The City Record 31

Whereas, under Section 1710.02(F) placed by him or her on the tax dupli- Whereas, often tenants are not of the Revised Code, the petitioners cate and collected the same as other aware that their landlord is have proposed a new plan for pub- taxes, as provided by law. involved in a foreclosure action, as lic services benefitting all of the Section 8. That no notes or bonds of Ohio does not require they be noti- District (the “Plan”) and have sub- the City shall be issued in anticipa- fied or named in the action; mitted the Plan as part of the Peti- tion of the levy or collection of the Whereas, as the foreclosure crisis tions proposing continuation of the special assessments. continues in Cleveland, this Council District; and Section 9. That the Commissioner of urges the General Assembly to enact Whereas, the Petitions, including Assessments and Licenses is autho- the same protections for tenants in the amendment to the Articles of rized to prepare and separately file foreclosed properties as were pro- Incorporation of the Corporation with the Clerk of Council an estimat- vided in the federal act, as well as (the “amendment to the Articles”) ed assessment under the provisions of notice requirements to tenants upon and the Plan, have been filed with this resolution showing the amount of a foreclosure case being filed; and the Clerk of Council and the Mayor the assessment against each lot or Whereas, in reaction to the feder- of the City; and parcel of land to be assessed. Such al act expiring, some mortgage ser- Whereas, under Section 1710.02(E) estimated assessment shall be based vicers are voluntarily following the of the Revised Code, the City has on the estimated cost of the Plan. tenant protections, while others are sixty days to approve or disapprove After the estimated special assess- reviewing their policies and some the Petitions by resolution; and ments have been filed, the Clerk of are applying state and local regula- Whereas, this resolution consti- Council shall cause notice of the adop- tions; and tutes an emergency measure provid- tion of this resolution and the filing of Whereas, in order to provide nec- ing for the usual daily operation of the estimated special assessments to essary protections to tenants in fore- a municipal department; now, there- be served in the manner provided by closed properties and avoid a rash fore, law on the owners of all lots and of evictions against tenants in Be it resolved by the Council of parcels to be assessed. Cleveland, this Council urges local the City of Cleveland: Section 10. That this Council finds mortgage servicers to voluntarily Section 1. That the Petitions, includ- and determines that all formal apply the same protections they ing the amendment to the Articles actions of this Council concerning have been applying under the and the Plan, are accepted and and relating to the passage of this res- expired federal act; and approved and are placed in File No. olution were adopted in an open meet- Whereas, this resolution consti- 578-15-B. ing of the Council and that all delib- tutes an emergency measure for the erations of the Council and of any of Section 2. That, under Chapter 1710 immediate preservation of public its committees that resulted in those of the Revised Code, the District, is peace, property, health or safety, formal actions were in meetings open hereby continued with boundaries as now, therefore, to the public in compliance with the follows: Be it resolved by the Council of law. Along Detroit Avenue, bounded by the City of Cleveland: Section 11. That this resolution is West 58th Street, on the east, and Section 1. That this Council urges declared to be an emergency measure West 73rd Street, on the west includ- the Ohio General Assembly to enact and, provided it receives the affirma- ing additional assessed front footage tive vote of two-thirds of all the mem- the same protections for tenants in north on West 65th Street and West bers elected to Council, it shall take foreclosed properties as the now 67th Street, as shown on the amend- effect and be in force immediately expired federal Protecting Tenants at ment to the Articles on file with the upon its adoption and approval by the Foreclosure Act, and urging mort- Clerk of Council. Mayor; otherwise it shall take effect gage servicers to voluntarily apply Section 3. That it is determined and and be in force from and after the ear- the protections of the act. declared necessary and conducive to liest period allowed by law. Section 2. That the Clerk of Council the public health, convenience and Adopted June 1, 2015. is directed to transmit a copy of this welfare of the City to provide addi- Effective June 2, 2015. resolution to State Representative tional cleaning and maintenance of Kent Smith, member of the Financial the public rights-of-way within the Institutions, Housing and Urban District, additional security for the Development Committee. District, and collective marketing of Res. No. 612-15. Section 3. That this resolution is the District for a five-year period com- By Council Members Brancatelli hereby declared to be an emergency mencing after passage of the ordi- and Cleveland. measure and, provided it receives the nance to proceed in this matter. An emergency resolution urging affirmative vote of two-thirds of all Section 4. That it is determined that the Ohio General Assembly to enact the members elected to Council, it the property contained within the Dis- the same protections for tenants in shall take effect and be in force imme- trict will be specially benefited by the foreclosed properties as the recently diately upon its adoption and above described public services and expired federal Protecting Tenants at approval by the Mayor; otherwise it shall be assessed to pay for the cost of Foreclosure Act, and urging mort- shall take effect and be in force from the services, calculated in proportion gage servicers to voluntarily apply and after the earliest period allowed to the benefits that may result from the protections of the act. by law. the services. Whereas, consumer advocates Adopted June 1, 2015. Section 5. That the Plan placed in expect a rash of evictions in the Effective June 2, 2015. the above mentioned file is approved coming months on properties enter- at an estimated cost of $695,849.11. ing foreclosure following the expi- Section 6. That the entire cost of the ration of the federal Protecting Ten- Plan in the District be specially ants at Foreclosure Act at the end Res. No. 630-15. assessed in proportion to the benefits of 2014; and By Council Member Kelley. that may result from the services Whereas, this 2009 federal law An emergency resolution objecting within the District. The cost of the required that bona fide tenants in to the transfer of ownership of a C1 Plan shall include the cost of print- foreclosed properties be given 90 and C2 Liquor Permit to 4852 Broad- ing, serving, and publishing notices, days’ notice before being evicted; view Road. resolutions, and ordinances, the costs and Whereas, Council has been noti- incurred in connection with the prepa- Whereas, the act also allowed fied by the Division of Liquor Con- ration, levy, and collection of the spe- bona fide tenants with leases to trol of an application for the trans- cial assessments, expenses of legal occupy the property until the end of fer of ownership of a C1 and C2 services, the cost of all labor and the lease term, except a lease could Liquor Permit from Nadia Hasrouni, materials and all other necessary be terminated with 90 days’ notice DBA Mini Mart Express, 4852 Broad- expenditures allowed by law. if the unit was sold to a purchaser view Road, Cleveland, Ohio 44109, Section 7. That the assessments to who would occupy the property; and Permanent Number 36573050002 to be levied shall be paid when levied in Whereas, nine states and Wash- Shrey, LLC, DBA Mini Mart Express, five annual installments. The first ington, D.C. have enacted the same 4852 Broadview Road, Cleveland, through fifth annual installments protections as the expired federal Ohio 44109, Permanent Number shall be payable in cash on or before law, while other states have no spe- 8113133; and January 15 in each of the years 2016 cific tenant protections or allow ser- Whereas, the granting of this through 2020. All assessments and vicers to evict tenants immediately application for a liquor permit to installments which have not been following a foreclosure sale; and this high crime area, which is paid shall be certified by the Clerk of Whereas, Ohio law allows tenants already saturated with other liquor Council to the County Auditor on or to be evicted after a foreclosure sale outlets, is contrary to the best inter- before September 1 of each year, to be with only three days’ notice; and ests of the entire community; and 869 32 The City Record June 10, 2015

Whereas, the applicant does not Liquor Permit from Eastside Gro- Res. No. 632-15. qualify to be a permit holder and/or cery, Inc., 3218 East 135th Street, 1st By Council Member Kelley. has demonstrated that he has oper- floor, Cleveland, Ohio 44120, Perma- An emergency resolution objecting ated his liquor business in disregard nent Number 2403479 to 3218 Able, to the transfer of ownership of a C2 of the laws, regulations or local LLC, 3218 East 135th Street, 1st and C2X Liquor Permit to 7210 Mem- ordinances of this state or any other floor, Cleveland, Ohio 44120, Perma- phis Avenue. state; and nent Number 8860446; and Whereas, Council has been noti- Whereas, the place for which the Whereas, the granting of this fied by the Division of Liquor Con- permit is sought has not conformed application for a liquor permit to trol of an application for the trans- to the building, safety or health this high crime area, which is fer of ownership of a C2 and C2X requirements of the governing body already saturated with other liquor Liquor Permit from Mohsha, Inc., of this County or City; and outlets, is contrary to the best inter- DBA Ridge & Memphis Shell, 7210 Whereas, the place for which the ests of the entire community; and Memphis Avenue, Cleveland, Ohio permit is sought is so arranged or Whereas, the applicant does not 44144, Permanent Number 6085731 to constructed that law enforcement qualify to be a permit holder and/or Memphis Gas, Inc., 7210 Memphis officers or agents of the Division of has demonstrated that he has oper- Avenue, Cleveland, Ohio 44144, Per- Liquor Control are prevented rea- ated his liquor business in disregard manent Number 5830186; and sonable access to the establishment; of the laws, regulations or local Whereas, the granting of this and ordinances of this state or any other application for a liquor permit to Whereas, the place for which the state; and this high crime area, which is already saturated with other liquor permit is sought is so located with Whereas, the place for which the outlets, is contrary to the best inter- respect to the neighborhood that it permit is sought has not conformed ests of the entire community; and substantially interferes with public to the building, safety or health Whereas, the applicant does not decency, sobriety, peace or good requirements of the governing body qualify to be a permit holder and/or order; and of this County or City; and has demonstrated that he has oper- Whereas, this objection is based Whereas, the place for which the ated his liquor business in disregard on other legal grounds as set forth permit is sought is so arranged or of the laws, regulations or local in Revised Code Section 4303.292; constructed that law enforcement and ordinances of this state or any other officers or agents of the Division of state; and Whereas, this resolution consti- Liquor Control are prevented rea- tutes an emergency measure provid- Whereas, the place for which the sonable access to the establishment; permit is sought has not conformed ing for the immediate preservation and of the public peace, prosperity, safe- to the building, safety or health Whereas, the place for which the requirements of the governing body ty and welfare pursuant to Section permit is sought is so located with 4303.26 of the Ohio Revised Code. of this County or City; and respect to the neighborhood that it Whereas, the place for which the Council’s objection to said permit substantially interferes with public must be received by the Superinten- permit is sought is so arranged or decency, sobriety, peace or good dent of Liquor Control within 30 constructed that law enforcement order; and days of notification; now, therefore, officers or agents of the Division of Whereas, this objection is based Be it resolved by the Council of Liquor Control are prevented rea- on other legal grounds as set forth the City of Cleveland: sonable access to the establishment; in Revised Code Section 4303.292; Section 1. That Council does hereby and and record its objection to the transfer of Whereas, the place for which the Whereas, this resolution consti- ownership of a C1 and C2 Liquor Per- permit is sought is so located with mit from Nadia Hasrouni, DBA Mini tutes an emergency measure provid- respect to the neighborhood that it Mart Express, 4852 Broadview Road, ing for the immediate preservation substantially interferes with public Cleveland, Ohio 44109, Permanent of the public peace, prosperity, safe- decency, sobriety, peace or good Number 36573050002 to Shrey, LLC, ty and welfare pursuant to Section order; and DBA Mini Mart Express, 4852 Broad- 4303.26 of the Ohio Revised Code. Whereas, this objection is based view Road, Cleveland, Ohio 44109, Council’s objection to said permit on other legal grounds as set forth Permanent Number 8113133; and must be received by the Superinten- in Revised Code Section 4303.292; requests the Superintendent of Liquor dent of Liquor Control within 30 and Control to set a hearing for said appli- days of notification; now, therefore, Whereas, this resolution consti- cation in accordance with provisions Be it resolved by the Council of tutes an emergency measure provid- of Section 4303.26 of the Revised Code the City of Cleveland: ing for the immediate preservation of Ohio. Section 1. That Council does hereby of the public peace, prosperity, safe- Section 2. That the Clerk of Council record its objection to the transfer of ty and welfare pursuant to Section be and she is hereby directed to trans- ownership of a C1 and C2 Liquor Per- 4303.26 of the Ohio Revised Code. mit two certified copies of this resolu- mit from Eastside Grocery, Inc., 3218 Council’s objection to said permit tion, together with two copies of a let- East 135th Street, 1st floor, Cleveland, must be received by the Superinten- ter of objection and two copies of a Ohio 44120, Permanent Number dent of Liquor Control within 30 letter requesting that the hearing be 2403479 to 3218 Able, LLC, 3218 East days of notification; now, therefore, held in Cleveland, Cuyahoga County. 135th Street, 1st floor, Cleveland, Ohio Be it resolved by the Council of Section 3. That this resolution is 44120, Permanent Number 8860446; the City of Cleveland: hereby declared to be an emergency and requests the Superintendent of Section 1. That Council does hereby measure and, provided it receives the Liquor Control to set a hearing for record its objection to the transfer of affirmative vote of two-thirds of all said application in accordance with ownership of a C2 and C2X Liquor the members elected to Council, it provisions of Section 4303.26 of the Permit from Mohsha, Inc., DBA Ridge & Memphis Shell, 7210 Memphis shall take effect and be in force imme- Revised Code of Ohio. Avenue, Cleveland, Ohio 44144, Per- diately upon its adoption and Section 2. That the Clerk of Council manent Number 6085731 to Memphis approval by the Mayor; otherwise, it be and she is hereby directed to trans- Gas, Inc., 7210 Memphis Avenue, shall take effect and be in force from mit two certified copies of this resolu- Cleveland, Ohio 44144, Permanent and after the earliest period allowed tion, together with two copies of a let- Number 5830186; and requests the by law. ter of objection and two copies of a Superintendent of Liquor Control to Adopted June 1, 2015. letter requesting that the hearing be set a hearing for said application in Effective June 2, 2015. held in Cleveland, Cuyahoga County. accordance with provisions of Section Section 3. That this resolution is 4303.26 of the Revised Code of Ohio. hereby declared to be an emergency Section 2. That the Clerk of Council measure and, provided it receives the be and she is hereby directed to trans- Res. No. 631-15. affirmative vote of two-thirds of all mit two certified copies of this resolu- By Council Member K. Johnson. the members elected to Council, it tion, together with two copies of a let- An emergency resolution objecting shall take effect and be in force imme- ter of objection and two copies of a to the transfer of ownership of a C1 diately upon its adoption and letter requesting that the hearing be and C2 Liquor Permit to 3218 East approval by the Mayor; otherwise, it held in Cleveland, Cuyahoga County. 135th Street, 1st floor. shall take effect and be in force from Section 3. That this resolution is Whereas, Council has been noti- and after the earliest period allowed hereby declared to be an emergency fied by the Division of Liquor Con- by law. measure and, provided it receives the trol of an application for the trans- Adopted June 1, 2015. affirmative vote of two-thirds of all fer of ownership of a C1 and C2 Effective June 2, 2015. the members elected to Council, it 870 June 10, 2015 The City Record 33 shall take effect and be in force imme- D3A and D6 Liquor Permit to Big Avenue, Cleveland, Ohio 44112, Per- diately upon its adoption and Mommas Hill, LLC, 16417-19 Euclid manent Number 0717975, be and the approval by the Mayor; otherwise, it Avenue, Cleveland, Ohio 44112, Per- same is hereby withdrawn and Reso- shall take effect and be in force from manent Number 0717975 by Resolu- lution No. 1532-14, containing such and after the earliest period allowed tion No. 1532-14 adopted by the Coun- objection, be and the same is hereby by law. cil on November 17, 2014; and repealed and that this Council con- Adopted June 1, 2015. Whereas, this Council wishes to sents to the immediate permit thereof. Effective June 2, 2015. withdraw its objection to the above Section 2. That this resolution is permit and consents to said permit; hereby declared to be an emergency and measure and provided it receives the Whereas, this resolution consti- affirmative vote of two-thirds of all Res. No. 672-15. tutes an emergency measure provid- By Council Member J. Johnson. ing for the usual daily operation of the members elected to Council, it An emergency resolution with- a municipal department; now, there- shall take effect and be in force imme- drawing objection to the transfer of fore, diately upon its adoption and ownership of a D1, D2, D3, D3A and D6 Be it resolved by the Council of approval by the Mayor; otherwise, it Liquor Permit at 16417-19 Euclid the City of Cleveland: shall take effect and be in force from Avenue and repealing Resolution No. Section 1. That objection to the and after the earliest period allowed 1532-14 objecting to said permit. transfer of ownership of a D1, D2, D3, by law. Whereas, this Council objected to a D3A and D6 Liquor Permit to Big Adopted June 1, 2015. transfer of ownership of a D1, D2, D3, Mommas Hill, LLC, 16417-19 Euclid Effective June 2, 2015.

Ord. No. 1434-13. By Council Members Cummins and Zone. An ordinance establishing a Pedestrian Retail Overlay District on the north and south sides of Clark Avenue between W. 56th Street and W. 41st Street as shown on the attached map (Map Change No. 2457). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on the north and south sides of Clark Avenue between W. 56th Street and W. 41st Street as shown shaded and outlined on the attached map are hereby designated as a Pedestrian Retail Overlay. Section 2. That the overlay designation of lands described in Section 1 shall be identified as Map Change No. 2457, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 1, 2015. Effective July 1, 2015. 871 34 The City Record June 10, 2015

Ord. No. 998-14. By Council Member Zone. An ordinance changing the Use and Area Districts of parcels on the south side of Lake Avenue west of Clifton Boule- vard from an ‘A’ Area District and a One Family Residential District to an RA2 Residential Attached Townhouse Dis- trict (Map Change No. 2498). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use and Area Districts of lands bounded and described as follows: Beginning at the intersection of Lake Avenue and Clifton Boulevard; Thence westerly along the centerline of Lake Avenue to its intersection with the northerly prolongation of the east- erly line of Sublot No. 77 in the Edgewater Land Company Allotment shown on the recorded plat in Volume 109, Page 9 of the Cuyahoga County Map Records; Thence southerly along said northerly prolongation and easterly line to its intersection with the southerly line there- of; Thence westerly along said southerly line to its intersection with the easterly line Sublot No. 76 in said allotment; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and its westerly prolongation to its intersection with the westerly line of Sublot No. 75 in said allotment; Thence northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Lake Ave; Thence easterly along the centerline of Lake Ave to the place of origin; and as shaded on the attached map are changed to a Residential Attached 2 Townhouse District. Section 2. That the change of zoning of lands described in Section 1 shall be identified as Map Change No. 2498, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Plan- ning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 1, 2015. Effective July 1, 2015.

Ord. No. 282-15. Director of Public Works or Capital Section 1. That the Director of Pub- By Council Members K. Johnson, Projects, as appropriate, to enter into lic Works is authorized to apply for Brancatelli and Kelley (by depart- one or more public improvement con- and accept one or more grants from mental request). tracts, professional services for various public or private entities, and An emergency ordinance authoriz- design, and various written standard to apply for and accept a grant in the ing the Director of Public Works to purchase and requirement contracts amount of $20,000 from the Hershey apply for and accept one or more needed in connection with the Foundation of Ohio to conduct the grants from various public and pri- improvement. Mill Creek Falls Park Enhancement vate entities and a grant from the Hershey Foundation of Ohio for the Whereas, this ordinance constitutes Project; that the Director is autho- Mill Creek Falls Park Enhancement an emergency measure providing for rized to file all papers and execute all Project; determining the method of the usual daily operation of a munici- documents necessary to receive funds making the public improvement of pal department; now, therefore, under the grants; and that the grant enhancing and improving Mill Creek Be it ordained by the Council of the funds accepted under this ordinance Falls Park; and authorizing the City of Cleveland: are appropriated for this purpose. 872 June 10, 2015 The City Record 35

Section 2. That the award letter and on a unit basis for the Department of other means of transmission and pro- other correspondence from the Her- Public Works or Capital Projects, as vision of the utility service, or various shey Foundation of Ohio dated March appropriate. Bids shall be taken in a structures and streetscape elements, 2, 2015, March 4, 2015, and March 18, manner that permits an award to be previously approved by the City, with- 2015, presented to the Finance Com- made for all items as a single con- in and part of, appurtenant to, or asso- mittee of this Council at a public hear- tract, or by separate contract for each ciated with the Public Square Reno- ing on this legislation and set forth in or any combination of the items as the vation Project, at locations to be File No. 282-15-A, are made a part of Board of Control determines. reviewed and approved by the Direc- this ordinance as if fully rewritten, Section 8. That the costs of the con- tor of Capital Projects. are approved in all respects, and shall tract or contracts shall be charged Section 2. That Permittee may not be changed without additional against the proper appropriation assign the permit only with the prior legislative authority. accounts and the Director of Finance written consent of the Director of Section 3. That, under Section 167 of shall certify the amount of any pur- Capital Projects. That the encroach- the Charter of the City of Cleveland, chase under the contract, each of ing structure(s) permitted by this this Council determines to make the which purchases shall be made on ordinance shall conform to plans and public improvement of enhancing and order of the Commissioner of Pur- specifications first approved by the improving the Mill Creek Falls Park chases and Supplies by a delivery Manager of Engineering and Con- (the “Improvement”), by one or more order issued against the contract or struction. That Permittee shall obtain contracts duly let to the lowest contracts and certified by the Direc- all other required permits, including responsible bidder or bidders after tor of Finance. but not limited to Building Permits, competitive bidding for a unit basis Section 9. That under Section 108(b) before installing the for the Improvement. of the Charter, the purchases autho- encroachment(s). Section 4. That the Director of Pub- rized by this ordinance may be made Section 3. That the Director of Law lic Works or Capital Projects, as through cooperative arrangements shall prepare the permit authorized appropriate, is authorized to enter with other governmental agencies. by this ordinance and shall incorpo- into one or more contracts for the The Director of Public Works or Cap- rate such additional provisions as the making of the public improvement ital Projects, as appropriate, may director determines necessary to pro- with the lowest responsible bidder or sign all documents that are necessary tect and benefit the public interest. bidders after competitive bidding on to make the purchases, and may enter The permit shall be issued only when, a unit basis for the Improvement, pro- into one or more contracts with the in the opinion of the Director of Law, vided, however, that each separate vendors selected through that cooper- a prospective Permittee has properly trade and each distinct component ative process. indemnified the City against any loss part of the Improvement may be treat- Section 10. That the costs of the con- that may result from the encroach- ed as a separate Improvement, and tract or contracts authorized by this ment(s) permitted. each, or any combination, of the ordinance shall be paid from the fund Section 4. That the permit shall trades or components may be the sub- or funds to which are credited any reserve to the City reasonable right of nt ject of a separate contract on a unit grant proceeds accepted under this entry to the encroachme basis. location(s). ordinance and from Fund Nos. 20 SF Section 5. That the Director of Pub- Section 5. That this ordinance is 516, 20 SF 523, 20 SF 535, 20 SF 538, 20 lic Works or Capital Projects, as declared to be an emergency measure SF 544, 20 SF 552, 20 SF 558, 20 SF 561. appropriate, is authorized to apply and, provided it receives the affirma- (RQS 0103, RL 2015-40) and pay for permits, licenses, or other tive vote of two-thirds of all the mem- Section 11. That this ordinance is authorizations required by any regu- bers elected to Council, it shall take declared to be an emergency measure latory agency or public authority to effect and be in force immediately and, provided it receives the affirma- permit performance of the work upon its passage and approval by the tive vote of two-thirds of all the mem- authorized by this ordinance. Mayor; otherwise it shall take effect bers elected to Council, it shall take Section 6. That the Director of Pub- and be in force from and after the ear- lic Works or Capital Projects, as effect and be in force immediately liest period allowed by law. appropriate, is authorized to employ upon its passage and approval by the Passed June 1, 2015. by contract or contracts one or more Mayor; otherwise it shall take effect Effective June 2, 2015. consultants or one or more firms of and be in force from and after the ear- consultants for the purpose of supple- liest period allowed by law. menting the regularly employed staff Passed June 1, 2015. of the several departments of the City Effective June 2, 2015. Ord. No. 355-15. of Cleveland in order to provide pro- By Council Member Polensek. fessional services necessary to design An emergency ordinance that an the Improvement. unnamed City-owned parcel that is The selection of the consultants for Ord. No. 352-15. unofficially called “Triangle Park” in the services shall be made by the By Council Members K. Johnson Ward 8 be named “Veteran’s Park.” Board of Control on the nomination of and Brancatelli (by departmental Whereas, this ordinance constitutes the Director of Public Works or Capi- request). an emergency measure providing for tal Projects, as appropriate, from a An emergency ordinance authoriz- the usual daily operation of a munici- list of qualified consultants available ing the Director of Capital Projects to pal department; now, therefore, for employment as may be determined issue permits to various private utili- Be it ordained by the Council of the after a full and complete canvass by ties and private entities to encroach City of Cleveland: the Director of Public Works or Capi- into the public right-of-way of Public Section 1. That, notwithstanding tal Projects, as appropriate, for the Square by installing, relocating, and as an exception to the Codified purpose of compiling a list. The com- using, and maintaining various utili- Ordinances of the City of Cleveland, pensation to be paid for the services ty facilities, lines, conduits, and other 1976, the un-named City-owned parcel shall be fixed by the Board of Control. means of transmission and provision that is unofficially called “Triangle The contract or contracts authorized of the utility service, or various struc- Park” and is located in Ward 8 at the shall be prepared by the Director of tures and streetscape elements, previ- intersections of Lakeshore Boule- Law, approved by the Director of Pub- ously approved by the City, within vard, East 174th Street and Notting- lic Works or Capital Projects, as and part of, appurtenant to, or associ- ham Road be named “Veteran’s Park.” appropriate, and certified by the ated with the Public Square Renova- Renovations of the newly named Vet- Director of Finance. tion Project. eran’s Park are being sponsored by Section 7. That the Director of Pub- Whereas, this ordinance constitutes the Regional Sewer lic Works or Capital Projects, as an emergency measure providing for District in partnership with Ward 8 appropriate, is authorized to make the usual daily operation of a munici- Council Member Michael D. Polensek one or more written standard pur- pal department; now, therefore, and the Ward 8 community. chase contracts and written require- Be it ordained by the Council of the Section 2. That the Director of Pub- ment contracts under the Charter and City of Cleveland: lic Works is authorized to place the Codified Ordinances of Cleveland, Section 1. That the Director of Capi- appropriate signs, nameplates, Ohio, 1976, the period of requirements tal Projects is authorized to issue per- plaques, and other references neces- to be determined by the director, for mits, revocable at the will of Council, sary to reflect the naming of the new the necessary items of materials, to various private utilities and pri- Veteran’s Park and to accept gifts equipment, supplies, and services nec- vate entities, to encroach into the pub- and donations for this purpose. Any essary to construct the Improvement, lic right-of-way of, above or beneath signage shall be first approved by the including labor and materials if nec- Public Square by installing, relocat- appropriate City official. essary, to be purchased by the Com- ing, using, and maintaining various Section 3. That this ordinance is missioner of Purchases and Supplies utility facilities, lines, conduits, and hereby declared to be an emergency 873 36 The City Record June 10, 2015 measure and, provided it receives the effect and be in force immediately maintenance of the sewer extending affirmative vote of two-thirds of all upon its passage and approval by the from a point 25.00 feet distant and par- the members elected to Council, it Mayor; otherwise it shall take effect allel with the northerly right of way shall take effect and be in force imme- and be in force from and after the ear- of Walworth Avenue S.W. (60.00 feet diately upon its passage and approval liest period allowed by law. wide) northerly approximately 71.5 by the Mayor; otherwise it shall take Passed June 1, 2015. feet to the new manhole on West 59 effect and be in force from and after Effective June 2, 2015. Street where a ODOT catch basin con- the earliest period allowed by law. nects. Passed June 1, 2015. That no structures shall be erected Effective June 2, 2015. on the premises described in this ease- Ord. No. 385-15. ment except those constructed under By Council Members Zone, K. John- the approval of, and in compliance son, Brancatelli and Kelley (by with, plans approved by the Illumi- Ord. No. 384-15. departmental request). nating Company (CEI), the Division By Council Members Cimperman, An emergency ordinance to vacate of Water, Cleveland Pubic Power, K. Johnson, Brancatelli and Kelley a portion of West 59th Street. Water Pollution Control and the City (by departmental request). Whereas, under Resolution No. of Cleveland. An emergency ordinance authoriz- 1679-11, adopted December 5, 2011, this Section 3. That provided all ing the Director of Public Works to Council declared its intention to required approvals have been lease certain space located within vacate a portion of West 59th Street; obtained, the Manager of Engineer- Willard Park to The Refugee and ing and Construction is directed to Response for the purpose of establish- Whereas, notice of the adoption of record the vacation plat in the office ing and maintaining an urban gar- the above vacation was served on the of the Recorder of Cuyahoga County. den, for a term of five years, with one abutting property owners affected by Section 4. That the Clerk of Council five-year option to renew, exercisable the resolution which stated a time is directed to transmit a copy of this by the Director of Public Works. and place when objections would be ordinance to the Auditor of Cuyahoga Whereas, the City of Cleveland heard before the Board of Revision of County. owns certain space known as Willard Assessments; and Section 5. That this ordinance is Park; and Whereas, on March 1, 2012 the declared to be an emergency measure Whereas, The Refugee Response Board of Revision of Assessments and, provided it receives the affirma- has proposed to lease a portion of the approved the above vacation under tive vote of two-thirds of all the mem- property from the City, for the pur- the provisions of Section 176 of the bers elected to Council, it shall take pose of establishing and maintaining Charter of the City of Cleveland; and effect and be in force immediately an urban garden to assist refugees to Whereas, this Council is satisfied upon its passage and approval by the develop work skills leading to their that there is good cause for vacating Mayor; otherwise it shall take effect employment, which is not needed for a portion of the above and that it will and be in force from and after the ear- the City’s public use; and not be detrimental to the general liest period allowed by law. Whereas, this ordinance constitutes interest and that it should be made; Passed June 1, 2015. an emergency measure providing for and Effective June 2, 2015. the usual daily operation of a munici- Whereas, this ordinance constitutes pal department; now, therefore, an emergency measure providing for Be it ordained by the Council of the City of Cleveland: the usual daily operation of a munici- Section 1. That notwithstanding pal department; now, therefore, Ord. No. 386-15. and as an exception to the provisions Be it ordained by the Council of the By Council Members K. Johnson, of Chapters 181 and 183 of the Codi- City of Cleveland: Brancatelli and Kelley (by depart- fied Ordinances of Cleveland, Ohio, Section 1. That this Council mental request). 1976, the Director of Public Works is declares that the following described An emergency ordinance authoriz- authorized to lease to The Refugee real property is vacated: ing the Commissioner of Purchases Response (“Lessee”), approximately and Supplies to purchase property at 3,050 square feet of property within West 59th Street Vacation 9120 Woodland Avenue needed for the Willard Park which is not needed for Beginning on the easterly right of renovation of the Ken Johnson Recre- the City’s public use, for the purpose way of West 59th Street (60.00 feet ation Center, for the Department of of establishing and maintaining an wide) at a point 25.00 feet distant and Public Works. urban garden to assist refugees to parallel with the northerly right of Whereas, the Director of Public develop work skills leading to their way of Walworth Avenue S.W. (60.00 Works has requested the purchase of employment, and is more fully depict- feet wide). property which is located at 9120 ed on the map placed in File No. 384- Thence due north along said easter- Woodland Avenue needed for the ren- 15-A. ly right of way of West 59th Street to ovation of the Ken Johnson Recre- Section 2. That the term of the lease its intersection with the westerly pro- ation Center; and authorized by this ordinance shall not longation of the northerly line of Whereas, this ordinance constitutes exceed five years, with one five-year sublot number 55 in the James Purdy an emergency measure providing for option to renew, exercisable by the allotment as shown by the recorded the usual daily operation of a munici- Director of Public Works, and can- plat in volume 1 page 45 of Cuyahoga pal department; now, therefore, cellable upon thirty days written County Map records. Be it ordained by the Council of the notice by the director. Thence along a line South 45 City of Cleveland: Section 3. That the space authorized degrees west to its intersection with Section 1. That notwithstanding by this ordinance shall be leased at a the westerly right of way of West and as an exception to the provisions cost of $1.00, and other valuable con- 59th Street (60.00 feet wide). of Chapter 181 and 183 of the Codified siderations, which are determined to Thence due south along said west- Ordinances of Cleveland, Ohio, 1976, be fair market value by the Board of erly right of way of West 59th Street the Commissioner of Purchases and Control, exclusive of utilities. to a point being 25.00 feet distant and Supplies is authorized to purchase the Section 4. That the lease may autho- parallel with the northerly right of following described property needed rize the Lessee to make improve- way of Walworth Avenue S.W. (60.00 for the renovation of the Ken Johnson ments to the leased premises subject feet wide). Recreation Center: to the approval of appropriate City Thence easterly along a line being agencies and officials. 25.00 feet distant and parallel with Legal Description for PPN 126-14-010 Section 5. That the lease shall be the northerly right of way of Wal- Situated in the City of Cleveland, prepared by the Director of Law. worth Avenue S.W. to its intersection County of Cuyahoga and State of Ohio Section 6. That the Director of Pub- with said easterly right of way of and known as being Sublot No. 94 in lic Works, the Director of Law, and West 59th Street and the place of Hamilton and Wyman’s Allotment of other appropriate City officials are beginning. part of Original One Hundred Acre authorized to execute any other docu- Legal Description approved by Lot No. 416, as shown by the recorded ments and certificates, and take any Greg Esber, Section Chief, Plats, Sur- plat in Volume 5 of Maps, Page 22 of other actions which may be necessary veys and House Numbering Section. Cuyahoga County Records, be the or appropriate to effect the lease Section 2. That there is reserved to same more or less, but subject to all authorized by this ordinance. the City of Cleveland an easement of legal highways. Section 7. That this ordinance is full width as described above for the Section 2. That the Director of Pub- declared to be an emergency measure Illuminating Company (CEI), the lic Works is authorized to execute on and, provided it receives the affirma- Division of Water and Cleveland Pub- behalf of the City of Cleveland all nec- tive vote of two-thirds of all the mem- lic Power and an easement of full essary documents to effect the pur- bers elected to Council, it shall take width for Water Pollution Control for poses of this ordinance. 874 June 10, 2015 The City Record 37

Section 3. That the consideration to 516, 20 SF 523, 20 SF 535, 20 SF 538, 20 effect and be in force immediately be paid for this property shall not SF 544, 20 SF 552, 20 SF 558, and 20 SF upon its passage and approval by the exceed $32,600 and other valuable con- 561, RQS 0103, RL 2015-48. Mayor; otherwise it shall take effect siderations which are determined to Section 5. That this ordinance is and be in force from and after the ear- be fair market value. declared to be an emergency measure Section 4. That all costs of acquir- and, provided it receives the affirma- liest period allowed by law. ing, accepting, and recording the land tive vote of two-thirds of all the mem- Passed June 1, 2015. shall be paid from Fund Nos. 20 SF bers elected to Council, it shall take Effective June 2, 2015.

Ord. No. 398-15. By Council Member Zone. An ordinance changing the Use District of parcels south of Lake Ave and north of Franklin Boulevard between W. 75th Street and W. 85th Street to a Local Retail, Townhouse or Two-Family District, Changing the Area District to K and establishing an Urban Form Overlay District as identified on the attached map (Map Change No. 2507). 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 at the intersection of W. 80th Street and Detroit Avenue; Thence easterly along the centerline of Detroit Avenue to its intersection with the northerly prolongation of the west- erly line of sublot 35 in the Henry Grombacher and not recoded in the Cuyahoga County records; Thence southerly along said westerly line and its prolongation to its intersection with the northerly line of sublot 11 of said allotment; Thence westerly and southerly along said northerly line and its prolongation to its intersection with the westerly line of sublot 12 of said allotment; Thence southerly along said westerly line and its prolongation to its intersection with the centerline of Franklin Boulevard; Thence westerly and southerly along said centerline to its intersection with the centerline of W. 80th Street; Thence northerly along said centerline to its intersection with the southerly line of sublot 48 Charles Pease allotment shown on the recorded plat in Volume 20 Page 12 of Cuyahoga County Map Records; Thence easterly along said southerly line and its prolongation to its intersection with the easterly line of sublot 20 of said allotment; Thence northerly along said easterly line to its intersection with the centerline of Elsa Court; Thence easterly along said centerline to its intersection with W. 80th Street; Thence northerly along said centerline to the place of origin; And; A parcel situated in the City of Cleveland, Cuyahoga County, State of Ohio shown as Parcel No. ‘2’ of Lot split and con- solidation plat for Saint Augustine Corporation in Cuyahoga County Records Vol. 284 Pg. 08 and recorded on May 2, 1997 and also known as Cuyahoga County’s Permanent Parcel Number 002-19-006; and as identified on the attached map is changed to a ‘Local Retail’ District and a ‘2’ Height District. Section 2. That the Use District of lands bounded and described as follows: Beginning at the intersection of W. 81th Street and Detroit Avenue; Thence southerly along the centerline of W. 81st Street to its intersection with the easterly prolongation of the southerly line of sublot 26 of Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 21, Page 26 of Cuya- hoga County Map Records; Thence westerly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to West Side Community Mental Health Center Inc. by deed dated October 7, 1980 and recorded in Auditor’s File Number V80152930691 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-20-007; Thence northerly along said easterly line to its intersection with the centerline of Detroit Ave; Thence easterly along said centerline to the place of origin; and as identified on the attached map is changed to a ‘Townhouse 2’ District. Section 3. That the Area District of lands bounded and described as follows: Beginning at the intersection of Detroit Avenue and W. 75th Street; Thence southerly along the centerline of W. 75th street to its intersection of the easterly prolongation of the norther- ly line of sublot 30 in the W. A. Poyer allotment shown on the recorded plat in Volume 13, Page 48 of Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with the easterly line of a parcel of land conveyed to Bal- lado B. Herminio by deed dated July 20, 1979 and recorded in Auditor’s File Number V79150580561 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-19-003; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly and easterly along said westerly line to its intersection with the southerly line of sublot 2 in the Henry Grombacher and not recoded in the Cuyahoga County records; Thence westerly along said southerly line to its intersection with the centerline of W. 77th Street; Thence southerly along said centerline to its intersection with the easterly prolongation of the northerly line of a par- cel of land conveyed to Ernest R. Bahr by deed dated December 19, 2000 and recorded in Auditor’s File Number 200012190285 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-19-060; Thence westerly along said northerly line to its intersection with the easterly line of sublot 2 of the L.C. Anthony Re- Sub allotment shown on the recorded plat in Volume 12, Page 12 of Cuyahoga County Map Records; Thence southerly along said easterly line and its prolongation to its intersection with the southerly line of a parcel situated in the City of Cleveland, Cuyahoga County, State of Ohio shown as Parcel No. ‘2’ of Lot split and consolidation plat for Saint Augustine Corporation in Cuyahoga County Records Vol. 284 Pg. 08 and recorded on May 2, 1997 and also known as Cuyahoga County’s Permanent Parcel Number 002-19-006; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the centerline of Detroit Ave; Thence westerly and southerly along said centerline to its intersection with the centerline of W. 80th Street; Thence southerly along said centerline to its intersection with the easterly prolongation of the southerly line of sublot 1 of the Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 22, Page 21 of Cuyahoga County Map Records; 875 38 The City Record June 10, 2015

Thence westerly along said southerly line to its intersection with the easterly line of sublot 1 of the Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 21, Page 26 of Cuyahoga County Map Records; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and its prolongation to its intersection with the centerline of W. 81st Street; Thence southerly along said centerline to its intersection with the easterly prolongation of the southerly line of sublot 26 of Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 21, Page 26 of Cuyahoga County Map Records; Thence westerly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to West Side Community Mental Health Center Inc. by deed dated October 7, 1980 and recorded in Auditor’s File Number V80152930691 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-20-007; Thence southerly along said easterly to its intersection with the southerly line thereof; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the northerly line of sublot 6 of the Salome allotment shown on the recorded plat in Volume 29 Page 26 of Cuyahoga County Map Records; Thence westerly along said northerly line and its prolongation to its intersection with the centerline of W. 84th street; Thence northerly along said centerline to its intersection with the westerly prolongation of the southerly line of sublot 1 of the James S. Rhodes allotment shown on the recorded plat in Volume 15 Page 2 of Cuyahoga County Map Records; Thence westerly along said southerly line and its prolongation to its intersection with the easterly line of sublot 3 of said allotment; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and its prolongation to its intersection with the centerline of W. 85th street; Thence northerly along said centerline to its intersection with the centerline of Detroit Avenue; Thence easterly along said centerline to its intersection with of the southerly prolongation of the centerline of W. 85th street; Thence northerly along said centerline of W. 85th Street to its intersection with the westerly prolongation of the northerly line of sublot 54 of the Hobert R. Rhodes allotment shown on the recorded plat in Volume 15 Page 11 of Cuya- hoga County Map Records; Thence easterly along said northerly line and its prolongation to its intersection with the southerly prolongation of the easterly line of sublot 51 of said allotment; Thence northerly along said easterly line and its prolongation to its intersection with northerly line of sublot 50 of said allotment; Thence easterly along said northerly line and its prolongation to its intersection with the centerline of W. 83rd Street; Thence northerly along said centerline to its intersection with the westerly prolongation of the northerly line of sublot 6 of the J. H. Hardy allotment shown on the recorded plat in Volume 1 Page 10 of Cuyahoga County Map Records; Thence easterly along said northerly line to its intersection with easterly line thereof; Thence northerly along said easterly line and its prolongation to its intersection with the northerly line of sublot 14 of the J. H. Hardy allotment shown on the recorded plat in Volume 1 Page 10 of Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with the centerline of W. 83rd Street; Thence northerly along said centerline to its intersection with the centerline of Lake Ave; Thence easterly along said centerline to its intersection with the centerline Detroit Ave and the place of origin; and as identified on the attached map is changed to a ‘K’ Area District.”. Section 4. That the Area District of lands bounded and described as follows: Beginning at the intersection of Detroit Avenue and W. 75th Street; Thence southerly along the centerline of W. 75th street to its intersection of the easterly prolongation of the norther- ly line of sublot 30 in the W. A. Poyer allotment shown on the recorded plat in Volume 13, Page 48 of Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with the easterly line of a parcel of land conveyed to Bal- lado B. Herminio by deed dated July 20, 1979 and recorded in Auditor’s File Number V79150580561 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-19-003; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly and easterly along said westerly line to its intersection with the southerly line of sublot 2 in the Henry Grombacher and not recoded in the Cuyahoga County records; Thence westerly along said southerly line to its intersection with the centerline of W. 77th Street; Thence southerly along said centerline to its intersection with the westerly prolongation of the northerly line of a par- cel of land conveyed to Ernest R. Bahr by deed dated December 19, 2000 and recorded in Auditor’s File Number 200012190285 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-19-060; Thence westerly along said northerly line to its intersection with the westerly line of sublot 2 of the L.C. Anthony Re- Sub allotment shown on the recorded plat in Volume 12, Page 12 of Cuyahoga County Map Records; Thence southerly along said westerly line and its prolongation to its intersection with the northerly line of sublot 11 of said allotment; Thence westerly and southerly along said northerly line and its prolongation to its intersection with the westerly line of sublot 12 of said allotment; Thence southerly along said westerly line and its prolongation to its intersection with the centerline of Franklin Boulevard; Thence westerly and southerly along said centerline to its intersection with the centerline of W. 80th Street; Thence northerly along said centerline to its intersection with the centerline of Elsa Court; Thence easterly along said centerline to its intersection with the centerline of W. 80th Place; Thence northerly along said centerline to its intersection with the easterly prolongation of the southerly line of sublot 1 of the Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 22, Page 21 of Cuyahoga County Map Records; Thence westerly along said southerly line to its intersection with the easterly line of sublot 1 of the Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 21, Page 26 of Cuyahoga County Map Records; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and its prolongation to its intersection with the centerline of W. 81st Street; Thence southerly along said centerline to its intersection with the easterly prolongation of the southerly line of sublot 26 of Herman Jungle Re-Sub allotment shown on the recorded plat in Volume 21, Page 26 of Cuyahoga County Map Records; 876 June 10, 2015 The City Record 39

Thence westerly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to West Side Community Mental Health Center Inc. by deed dated October 7, 1980 and recorded in Auditor’s File Number V80152930691 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-20-007; Thence southerly along said easterly line and its prolongation to its intersection with the centerline of Franklin Boulevard; Thence westerly along said centerline to its intersection with the southerly prolongation of the westerly line of a par- cel of land conveyed to Franklin House by deed dated July 18, 2002 and recorded in Auditor’s File Number 200207180952 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 002-20-006; Thence northerly along said westerly line to its intersection with the northerly line of sublot 6 of the Salome allotment shown on the recorded plat in Volume 29 Page 26 of Cuyahoga County Map Records; Thence westerly along said northerly line and its prolongation to its intersection with the centerline of W. 84th street; Thence northerly along said centerline to its intersection with the westerly prolongation of the southerly line of sublot 1 of the James S. Rhodes allotment shown on the recorded plat in Volume 15 Page 2 of Cuyahoga County Map Records; Thence westerly along said southerly line and its prolongation to its intersection with the easterly line of sublot 3 of said allotment; Thence southerly along said easterly line to its intersection with the southerly line thereof; Thence westerly along said southerly line and its prolongation to its intersection with the centerline of W. 85th street; Thence northerly along said centerline to its intersection with the centerline of Detroit Avenue; Thence easterly along said centerline to its intersection with of the southerly prolongation of the centerline of W. 85th street; Thence northerly along said centerline of W. 85th Street to its intersection with the westerly prolongation of the northerly line of sublot 54 of the Hobert R. Rhodes allotment shown on the recorded plat in Volume 15 Page 11 of Cuya- hoga County Map Records; Thence easterly along said northerly line and its prolongation to its intersection with the southerly prolongation of the easterly line of sublot 51 of said allotment; Thence northerly along said easterly line and its prolongation to its intersection with northerly line of sublot 50 of said allotment; Thence easterly along said northerly line and its prolongation to its intersection with the centerline of W. 83rd Street; Thence northerly along said centerline to its intersection with the westerly prolongation of the northerly line of sublot 6 of the J. H. Hardy allotment shown on the recorded plat in Volume 1 Page 10 of Cuyahoga County Map Records; Thence easterly along said northerly line to its intersection with easterly line thereof; Thence northerly along said easterly line and its prolongation to its intersection with the northerly line of sublot 14 of the J. H. Hardy allotment shown on the recorded plat in Volume 1 Page 10 of Cuyahoga County Map Records; Thence westerly along said northerly line to its intersection with the centerline of W. 83rd Street; Thence northerly along said centerline to its intersection with the centerline of Lake Ave; Thence easterly along said centerline to its intersection with the centerline Detroit Ave and the place of origin; and as identified on the attached map is changed to a ‘K’ Area District. Section 5. That the lands located on the north and south sides of Detroit Avenue between W. 77th and W. 85th Street as shown on the attached map are hereby designated as a Urban Form Overlay District. Section 6. That the change of zoning of lands described in Section 1 through 5 shall be identified as Map Change No. 2507, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Coun- cil 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 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 1, 2015. Effective July 1, 2015. 877 40 The City Record June 10, 2015

Ord. No. 401-15. way-finding signs and electric duct applications are submitted to Engi- By Council Members K. Johnson banks. neering and Construction. and Brancatelli (by departmental Section 1. That the Director of Capi- Section 2. That the existing title request). tal Projects is authorized to issue a and Section 1 of Ordinance No. 1351-14, An emergency ordinance to amend permit, revocable at the will of Coun- passed December 8, 2014, are the title and Section 1 of Ordinance cil, to The Convention & Visitors repealed. No. 1351-14, passed December 8, 2014, Bureau of Greater Cleveland, Inc., 334 Section 3. That Ordinance No. 1351- relating to an encroachment permit to Euclid Avenue, Cleveland, OH 44114 14, passed December 8, 2014, is supple- Positively Cleveland for way-finding (“Permittee”), to encroach into the mented by adding new Section 1a. to signs and electric duct banks in the public right-of-way within the down- read as follows: downtown area to change the name of town area by installing, using, and Section 1a. That the Director of Cap- the permittee to The Convention & maintaining 4 way-finding signs and ital Projects is authorized to issue one Visitors Bureau of Greater Cleveland, electric duct banks, at the following or more permits, revocable at the will Inc.; and to supplement the ordinance locations: of Council, to Permittee to encroach to add new Section 1a. to authorize into the public right-of-way within additional, future locations for simi- CP01 In front of the downtown area by installing, lar encroachments. CP12 South side of Euclid Avenue and using, and maintaining up to fifty- Whereas, this ordinance constitutes five (55) way-finding signs and asso- Public Square East Roadway an emergency measure providing for ciated electric duct banks, at specifi- CP13 South side of Euclid Avenue and the usual daily operation of a munici- cally described locations first in front of Visitors Center pal department; now, therefore, reviewed and approved in writing by Be it ordained by the Council of the CP14 N.E. corner East 4th Street and the Director of Capital Projects. City of Cleveland: Prospect Avenue Section 4. That this ordinance is Section 1. That the title and Section declared to be an emergency measure 1 of Ordinance No. 1351-14, passed Legal Description approved by and, provided it receives the affirma- December 8, 2014, are amended to read Greg Esber, Section Chief, Plats, Sur- tive vote of two-thirds of all the mem- as follows: veys and House Numbering Section. bers elected to Council, it shall take An Emergency Ordinance authoriz- The exact placement of the signs effect and be in force immediately ing the Director of Capital Projects to and duct banks at the above-listed upon its passage and approval by the issue a permit to The Convention & locations will be determined and Mayor; otherwise it shall take effect Visitors Bureau of Greater Cleveland, approved by Director of Capital Pro- and be in force from and after the ear- Inc. to encroach into the public right- jects in consultation with the Man- liest period allowed by law. of-way within the downtown area by ager of Engineering and Construc- Passed June 1, 2015. installing, using, and maintaining 4 tion after street-opening permit Effective June 2, 2015.

Ord. No. 402-15. By Council Members K. Johnson and Brancatelli (by departmental request). An emergency ordinance to amend the title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, as amended, and to amend the title and Section 1 of Ordinance No. 834-14, passed October 6, 2014, as amended, relat- ing to an encroachment permit to Crown Castle NG East Inc. to encroach into the public right-of-way with nodes and duct banks at various locations to correct the name of the Permittee. 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 the title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, as amended by Ordi- nance No. 833-14, passed September 29, 2014, are amended to read as follows: An emergency ordinance authorizing the Director of Capital Projects to issue a permit to Crown Castle NG East LLC to encroach into the public right-of-way with 24 nodes (distributed antenna systems) to be attached to Cleve- land Public Power utility poles and City of Cleveland traffic signal poles (by separate permission of the poles’ owners) along with 24 ground cabinets and 25 duct banks to connect existing AT&T manholes and ground cab- inets for the nodes. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Coun- cil, to Crown Castle NG East LLC, 2000 Corporate Drive, Canonburg, PA 15317 (“Permittee”) to encroach into the public right-of-way of various streets by installing, using, and maintaining 24 nodes (distributed antenna sys- tems) to be attached to Cleveland Public Power utility poles and City of Cleveland traffic-signal poles (by sep- arate permission of the poles’ owners) along with 24 ground cabinets and 25 duct banks to connect existing AT&T manholes and ground cabinets for the nodes, at 36 inches minimum depth, at the locations more fully described as follows:

Address Pole Type Owner

1951 Superior Avenue East Fiberglass Streetlight CPP 1534 Superior Avenue East Fiberglass Streetlight CPP 1218 Superior Avenue East Steel Traffic Pole City 602 Superior Avenue East Steel Traffic Pole City 2007 SR-14/US-422 Steel Traffic Pole City 2168 SR-14/US-422 Steel Streetlight CPP 2329 SR-14/US-422 Steel Streetlight CPP 1955 East 9th Street Steel Traffic Pole City 2212 East 9th Street Steel Traffic Pole City 1363 Euclid Avenue Steel Traffic Pole City 1745 Euclid Avenue Steel Traffic Pole City 1803 Carnegie Avenue Steel Traffic Pole City 2104 Prospect Avenue Steel Traffic Pole City 2103 Chester Avenue Steel Traffic Pole City 2413 Chester Avenue Wood Streetlight CPP 2396 Euclid Avenue Steel Traffic Pole City 222 St. Clair Avenue NE Steel Traffic Pole City 208 W. Lakeside Avenue Steel Streetlight CPP 597 E. Lakeside Avenue Steel Traffic Pole City 1019 Lakeside Avenue E Concrete Streetlight CPP 904 St. Clair Avenue NE Steel Traffic Pole City 878 June 10, 2015 The City Record 41

903 W. Superior Avenue Steel Traffic Pole City 1088 East 9th Street Fiberglass Streetlight CPP 520 Erieside Avenue Fiberglass Streetlight CPP

Duct Bank Locations

Node: VRZCL01A Address: 1951 Superior Avenue East Affected Intersections: Superior Avenue East and East 21st Street, and Superior Avenue East and East 19th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 170B located 52 feet northwest of the centerline of Superior Avenue East along East 21st Avenue, thence 17 feet southeast along East 21st Street to a bend, thence 316 feet southwest running 5 feet southeast of and parallel to the northwestern curb line of Superior Avenue East to a bend, thence northwest 7 feet to an existing CPP street light pole and termi- nus point of the proposed duct line.

Node: VRZCL02A Address: 1534 Superior Avenue East Affected Intersections: Superior Avenue East and East 15th Street, Lindazzo Avenue and East 15th Street, and Rockwell Avenue and East 15th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 103D at the intersec- tion of East 15th Street and Rockwell Avenue, thence 20 feet northeast to a bend, thence 395 feet southeast run- ning 2 feet southwest of and parallel to the northeastern curb line of East 15th Street to a bend, thence 49 feet northeast along Superior Avenue East to a bend, thence 4 feet southeast to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL03A Address: 1218 Superior Avenue East Affected Intersection: Superior Avenue East and East 12th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 160B located 55 feet south of Superior Avenue East in East 12th Street, thence 9 feet northwest along East 12th Street to a bend, thence 70 feet northeast across East 12th Street to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL04A Address: 602 Superior Avenue Affected Intersection: Superior Avenue and East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 129H located 37 feet south of Superior Avenue in East 6th Street, thence 3 feet northwest along East 6th Street to a bend, thence 52 feet northeast across East 6th Street to a bend, thence southeast 6 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL05G Address: 2007 Ontario Street Affected Intersection: South Roadway and Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 77F located 150 feet southeast of the centerline of South Roadway in Ontario Street, thence 70 feet northwest running 10 feet north- east of and parallel to the southeastern curb line of Ontario Street to a bend, thence northeast 12 feet to an exist- ing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL06A Address: 2168 Ontario Street Affected Intersection: 150'-180' south of the Ontario Street and High Street intersection Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 79D located 154' south of the centerline of High Street in Ontario Street, thence 25 feet northwest across Ontario Street to a bend, thence 65 feet southwest along Ontario Street to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL07B Address: 2329 Ontario Street Affected Intersections: Ontario Street and Bolivar Road, and Ontario Street and Eagle Avenue Metes & Bounds of Conduit Path in Right-of-Way: Beginning at manhole 321-2 located 43 feet southeast of the centerline of Bolivar Road along the northeastern curb line of Ontario Street, thence 43 feet southeast running 4 feet behind the northeastern curb line of Ontario Street, thence 12 feet northeast to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL08A Address: 1955 East 9th Street Affected Intersection: Euclid Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 55C located 38 feet northeast of East 9th Street in Euclid Avenue, thence 17 feet north across Euclid Avenue to a bend, thence north- west 29 feet to a bend, thence west 7 feet to an existing CPP traffic light pole and terminus point of the pro- posed duct line.

Node: VRZCL09B Address: 2212 East 9th Street Affected Intersection: Bolivar Road and East 9th Street 879 42 The City Record June 10, 2015

Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 157J located 40 feet southeast of the centerline of Bolivar Road in East 9th Street, thence 26 feet southwest across East 9th Street to an exist- ing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL10A Address: 1363 Euclid Avenue Affected Intersection: Euclid Avenue and East 14th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57”I” located 31' north- east of the centerline of East 14th Street in Euclid Avenue, thence 19 feet north across Euclid Avenue to a bend, thence west 14 feet to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL11A Address: 1745 Euclid Avenue Affected Intersections: Euclid Avenue and East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57H located 13 feet east of the centerline of East 18th Street in Euclid Avenue, thence 41 feet west along Euclid Avenue to a bend, thence 29 feet north across Euclid Avenue to an existing CPP traffic light pole and terminus point of the pro- posed duct line.

Node: VRZCL12B Address: 1803 Carnegie Avenue Affected Intersection: Carnegie Avenue and East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 32B in the island at the south- west corner of the East 18th Street and Carnegie Avenue intersection, thence 96 feet southeast across East 18th Street to a bend on the eastern side of East 18th Street, thence 214' north along East 18th Street to an existing CPP traffic light pole in the northeast corner of said intersection and terminus point of the proposed duct line.

Node: VRZCL13A Address: 2104 Prospect Avenue Affected Intersection: Prospect Avenue and East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 96C located 38 feet west of East 21st Street in Prospect Avenue, thence 50 feet east along Prospect Avenue to a bend, thence 46 feet toward the southern curb line of Prospect Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL14C Address: 2103 Chester Avenue Affected Intersections: Chester Avenue and East 21st Street, and Payne Avenue & East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 85C located 11 feet south of the centerline of Payne Avenue in East 21st Street, thence 760 feet south running 4 feet west of and parallel to the eastern curb line of East 21st Street and crossing Chester Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL15A Address: 2413 Chester Avenue Affected Intersections: Payne Avenue and East 24th Street, Payne Court and East 24th Street, I-90 Ramps and East 24th Street, and Chester Avenue and East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 86B located 18 feet west of the centerline of East 24th Street in Payne Avenue, thence 25 feet east along Payne Avenue to a bend, thence 860 feet south running 4 feet west of and parallel to the eastern curb line of East 24th Street to a bend around the northeastern corner of East 24th Street and Chester Avenue, thence 85 feet east along Chester Avenue to a bend, thence 4' north to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL016A Address: 2396 Euclid Avenue Affected Intersection: Euclid Avenue and East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 59E located adjacent to the centerline of East 24th Street in Euclid Avenue, thence 13 feet south across Euclid Avenue to a bend, thence 70 feet west along Euclid Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL17A Address: 222 St. Clair Avenue Affected Intersection: St. Clair Avenue and West Mall Drive Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 117A located 116' south- west of the intersection of St. Clair Avenue and West Mall Drive, thence 48 feet northeast along St. Clair Avenue to a bend, thence 45 feet southeast across St. Clair Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: VRZCL18A Address: 208 Lakeside Avenue W Affected Intersection: Lakeside Avenue and Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 76A located 18 feet southwest of the centerline of Ontario Street in Lakeside Avenue, thence 34 feet southwest along Lakeside Avenue to a bend, thence 15 feet northwest across Lakeside Avenue to an existing CPP traffic light pole and terminus point of the proposed duct line. 880 June 10, 2015 The City Record 43

Node: VRZCL19A Address: 597 Lakeside Avenue East Affected Intersection: Lakeside Avenue East and East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 74A located 17 feet southwest of the centerline of East 6th Street in Lakeside Avenue East, thence 37 feet southwest along Lakeside Avenue East to a bend, thence 10 feet northeast across Lakeside Avenue East to an existing CPP traffic light pole and terminus point of the proposed duct line.

Node: VRZCL20A Address: 1019 Lakeside Avenue East Affected Intersection: 155'-355' northwest of East 9th Street on Lakeside Avenue East Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 306-1 located 155 feet northeast of the centerline of East 9th Street in Lakeside Avenue East, thence 24 feet northeast along Lakeside Drive East, thence 28 feet on an angle to Lakeside Avenue East to a bend, thence 149 feet northeast running 4 feet southeast of and parallel to the northwestern curb line of Lakeside Avenue East to a bend, thence north- west 6 feet to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL21A Address: 904 St. Clair Avenue Northeast Affected Intersection: St. Clair Avenue Northeast and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 119D located 136 feet northeast of the centerline of East 9th Street in St. Clair Avenue NE, thence 65 feet southeast across St. Clair Avenue NE to a bend, thence southwest running 4 feet northwest of and parallel to the southeastern curb line of St. Clair Avenue NE to a bend, thence southeast 5 feet to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL22A Address: 903 West Superior Avenue Affected Intersections: West Superior Avenue and Superior Avenue, and West 9th Street and West Huron Road Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 126E located 60' north- west of the centerline of West Superior Avenue in Superior Avenue, thence southeast 110 feet across Superior Avenue to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL23B Address: 1088 East 9th Street Affected Intersection: Erieside Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 344-1 located 460' south- west of the East 9th Street centerline on West 9th Street, thence 451 feet north behind the eastern curb line of Erieside Avenue to an existing CEI street light pole and terminus point of the proposed duct line.

Node: VRZCL24B Address: 520 Erieside Avenue Affected Intersection: Erieside Avenue and Alfred Lerner Way Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 376-5 located 93 feet northeast of the northwestern leg of Erieside Avenue along the northeastern portion of Erieside Avenue, thence 165 feet northeast along the back of the southeastern curb line of Erieside Avenue to an existing CPP street light pole and terminus point of the proposed duct line.

Node: HUBB Location Address: 1100 Carnegie Avenue Affected Intersection: Carnegie Avenue and East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 26A located 165 feet northeast of the centerline of East 9th Street in Carnegie Avenue, thence 85 feet northeast along Carnegie Avenue to a bend, thence southeast 30 feet across Carnegie Avenue to the HUBB located at 1100 Carnegie Avenue and terminus point of the proposed duct line. Section 2. That the existing title and Section 1 of Ordinance No. 894-12, passed October 29, 2012, as amended by Ordinance No. 833-14, passed September 29, 2014, are repealed. Section 3. That the title and Section 1 of Ordinance No. 834-14, passed October 6, 2014, as amended by Ordinance No. 1393-14, passed October 20, 2014, are amended to read as follows: An Emergency Ordinance authorizing the Director of Capital Projects to issue a permit to Crown Castle NG East LLC to encroach into the public right-of-way with 23 nodes (distributed antenna systems) and associated pole-mounted cabinets to be attached to Cleveland Public Power utility poles and City of Cleveland traffic sig- nal poles (by separate permission of the poles’ owners) together with electrical duct banks. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Coun- cil, to Crown Castle NG East LLC, 2000 Corporate Drive, Canonburg, PA 15317 (“Permittee”), to encroach into the public right-of-way of various streets by installing, using, and maintaining 23 nodes (distributed antenna sys- tems) and associated pole-mounted cabinets to be attached to Cleveland Public Power utility poles and City of Cleveland traffic-signal poles (by separate permission of the poles’ owners) together with electrical duct banks, at the locations more fully described as follows:

Name Crown BUN Address Lat Long

Node CL001 918969 3410 E. 114th St. 41.4659583 -81.6042278 Node CL002 918970 3202 E. 117th St. 41.4714500 -81.6017556 Node CL003 918971 12975 Imperial Ave. 41.4728889 -81.5920611 Node CL004 918966 3791 E. 126th St. 41.4558017 -81.5953163 Node CL005 918967 11511 Clarebird Ave. 41.4585520 -81.6032102 881 44 The City Record June 10, 2015

Node CL006 918963 3488 E. 142nd St. 41.4647662 -81.5834897 Node CL007 918964 3341 E. 137th St. 41.4682442 -81.5874127 Node CL008 918968 13581 Horner Ave. 41.4558739 -81.5877482 Node CL009 918965 3671 E. 143rd St. 41.4595559 -81.5822668 Node CL010 918972 11602 Kensington Ave. 41.4498662 -81.7680281 Node CL011 918973 12799 Wayland Ave. 41.4504806 -81.7760255 Node CL012 918974 13311 Courtland Ave. 41.4456071 -81.7827300 Node CL013 918975 4242 W. 134th St. 41.4393891 -81.7835120 Node CL014 918976 13327 Puritas Ave. 41.433314 -81.7839330 Node CL015 918977 4600 W. 127th St. 41.42825355 -81.7774194 Node CL018 918954 1910 Carter Rd. 41.4930696 -81.6969572 Node CL019 918958 1099 W. 9th St. 41.5017361 -81.7029111 Node CL020 928952 1200 Lakeside Ave. 41.5066619 -81.6890753 Node CL021 918953 1700 E. 9th St. 41.5020699 -81.6885757 Node CL022 918955 Location to be confirmed and approved by Division of Engineering and Construction Node CL023 918956 1802 Robert Lockwood Jr. Dr. 41.4858667 -81.6996278 Node CL024 918959 1329 W. 9th St. 41.4988611 -81.7002444 Node CL025 918957 608 Prospect Ave. 41.4984333 -81.6886222

Section 4. That the title and Section 1 of Ordinance No. 834-14, passed October 6, 2014, as amended by Ordinance No. 1393-14, passed October 20, 2014, are repealed. Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 1, 2015. Effective June 2, 2015.

Ord. No. 407-15. (codified ord. 559.233), and the Princi- Section 3. That this ordinance is By Council Members Conwell, Cum- ple Place of Beginning; declared to be an emergency measure mins, K. Johnson and Brancatelli (by Thence Southwesterly, along the and, provided it receives the affirma- departmental request). Southeasterly Line or said India Gar- tive vote of two-thirds of all the mem- An emergency ordinance to repeal den, and its prolongation approxi- bers elected to Council, it shall take Section 559.234 of the Codified Ordi- mately 129.50 feet to the Easterly Line effect and be in force immediately nances of Cleveland, Ohio, 1976, as of Doan Brook; upon its passage and approval by the enacted by Ordinance No. 1503-92, Thence Southeasterly, along said Mayor; otherwise it shall take effect passed November 23, 1992, relating to Easterly Line of Doan Brook, approx- and be in force from and after the ear- the Scottish Garden; and to supple- imately 276.36 feet to a Point; liest period allowed by law. ment the codified ordinances by Thence Northeasterly, along a Line Passed June 1, 2015. enacting new Sections 559.234 and Parallel to the aforementioned South- Effective June 2, 2015. 559.247 relating to the Lebanese Gar- easterly Line of the India Garden, den and a future garden. approximately 141.55 feet to a point in Whereas, Section 559.234 of the Cod- the aforementioned Westerly Line of ified Ordinances of Cleveland, Ohio, Martin Luther King Jr. Dr.; Ord. No. 437-15. 1976, as enacted by Ordinance No. Thence Northwesterly, along said By Council Members Cimperman 1503-92, passed November 23, 1992, cur- Westerly Line of Martin Luther King and Kelley (by departmental rently describes the Scottish Garden Jr. Dr., approximately 272.68 feet, to request). in the City’s Cleveland Cultural Gar- the aforementioned Southeasterly An emergency ordinance authoriz- Line of the India Garden and the Prin- dens; and ing the Director of Public Health to ciple Place of Beginning, containing Whereas, the Cleveland Cultural lease certain property to Neighbor- 36,758 Sq. Ft., 0.8438 Acres, be the Gardens Federation has requested hood Health Care Inc. dba Neighbor- same more or less but subject to all that the Scottish Cultural Garden be hood Family Practice to provide med- legal highways. split to allow the formation of the ical and clinical physician services at Lebanese Cultural Garden and space Section 559.247 Future Garden at the Tremont Health Center for a peri- for a future cultural garden; and 1200 Martin Luther King, Jr. Boule- od of five years, with one option to Whereas, the Scottish Garden will vard renew for five years, exercisable by be moved to, and share space with, the Beginning in the Westerly Line of the Director of Public Health. existing British Cultural Garden, Martin Luther King Jr. Dr. (formerly Whereas, the City of Cleveland which is described in Section 559.13 Liberty Boulevard), at the South- owns certain property known as the entitled, The Shakespeare Garden Easterly Corner of the India Garden Tremont Health Center; and and Bruot Gate and Walk; and (codified ord. 559.233) Whereas, Neighborhood Health Whereas, this ordinance constitutes Thence Southeasterly, along said Care Inc. dba Neighborhood Family an emergency measure providing for Westerly line of Martin Luther King Practice has proposed to lease the the usual daily operation of a munici- Jr. Dr., approximately 272.68 feet to a property from the City; and pal department; now, therefore, Point, and the Principle Place of Whereas, this ordinance constitutes Be it ordained by the Council of the Beginning; an emergency measure providing for City of Cleveland: Thence Southwesterly, along a Line the usual daily operation of a munici- Section 1. That Section 559.234 of Parallel to the Southeasterly Line of pal department; now, therefore, the Codified Ordinances of Cleveland, said India Garden, approximately Be it ordained by the Council of the Ohio, 1976, as enacted by Ordinance 141.55 feet to a point in the Easterly City of Cleveland: No. 1503-92, passed November 23, 1992, Line of Doan Brook; Section 1. That notwithstanding is repealed. Thence Southeasterly, along said and as an exception to the provisions Section 2. That the Codified Ordi- Easterly Line of Doan Brook, approx- of Chapters 181 and 183 of the Codi- nances of Cleveland, Ohio, 1976, are imately 474.54 feet, to a point in the fied Ordinances of Cleveland, Ohio, supplemented by enacting new Sec- aforementioned Westerly Line of 1976, the Director of Public Health is tions 559.234 and 559.247 to read as fol- Martin Luther King Jr. Dr.; authorized to lease to Neighborhood lows: Thence Northwesterly, along said Health Care Inc. dba Neighborhood Westerly Line of Martin Luther King Family Practice (“Lessees”), approxi- Section 559.234 Lebanese Garden Jr. Dr., approximately 524.99 feet, to mately 6,016.25 total square feet of Beginning in the Westerly Line of the Principle Place of Beginning, con- certain office and meeting space Martin Luther King Jr. Dr. (formerly taining 36,758 Sq. Ft., 0.8438 Acres, be located on the first floor and part of Liberty Boulevard), at the South- the same more or less but subject to the second floor of the Tremont Easterly Corner of the India Garden all legal highways. Health Center for the public purpose 882 June 10, 2015 The City Record 45 of providing medical and clinical Whereas, this ordinance constitutes Whereas, this ordinance constitutes physician services for the term of the an emergency measure providing for an emergency measure providing for lease. The medical and clinical physi- the usual daily operation of a munici- the usual daily operation of a munici- cian services, include but are not lim- pal department; now, therefore, pal department; now, therefore, ited to, comprehensive maternal ser- Be it ordained by the Council of the Be it ordained by the Council of the vices, infant and pediatric services, City of Cleveland: City of Cleveland: primary adult health care services, Section 1. That the Director of Eco- Section 1. That the Director of Pub- mammograms, discount medication, nomic Development is authorized to lic Utilities is authorized to exercise lab tests, and individual and group apply for and enter into a grant agree- the first option to renew Contract Nos. health education. ment with NEORSD for the purpose of MA 1505 RC 2013-96 and MA 1505 RC Section 2. That the term of the lease reviewing project proposals for green 2014-71, each for an additional year, in authorized by this ordinance shall not infrastructure projects located within the total aggregate approximate exceed five years, beginning January the City of Cleveland to be construct- amount of $250,000, with Colony Hard- 1, 2015, with one option to renew for ed by various private non-profit or ware Corporation, dba Phillips Con- five years, exercisable by the Direc- public entities. tractor Supply LLC for the require- tor of Public Health. Section 2. That the Table of GI pro- ments for an additional year for the Section 3. That the property jects, presented to the Finance com- repair of and purchase of repair parts described above shall be leased at fair mittee of this Council at a public hear- for pumps, saws, and small engines, market value. ing on this legislation and set forth in for the Division of Water, and for the Section 4. That the lease may autho- File No. 442-15-A, is made a part of this purchase of labor and materials for rize the Lessees to make improve- the repair of air tools, for the Division ments to the leased premises subject ordinance as if fully rewritten, is approved in all respects, and shall not of Water. This ordinance constitutes to the approval of appropriate City the additional legislative authority agencies and officials, and to autho- be changed without additional leg- islative authority. required by Ordinance No. 261-12 to rize the Lessees to contribute a share exercise the options on both con- of the operating costs at the facility, Section 3. That the grant agreement tracts. (RQN 2002, RL 2015-15) including but not limited to utilities, shall require that NEORSD distribute Section 2. That this ordinance is cleaning services, snow removal, pest the grant funds directly to the project declared to be an emergency measure control, and security. implementers listed on the Table of and, provided it receives the affirma- Section 5. That the lease shall be GI projects, and that NEORSD shall tive vote of two-thirds of all the mem- prepared by the Director of Law. oversee the implementation of the bers elected to Council, it shall take Section 6. That the Director of Pub- green infrastructure projects , the lic Health, the Director of Law, and final design of which shall be subject effect and be in force immediately other appropriate City officials are to the review and approval of the City upon its passage and approval by the Mayor; otherwise it shall take effect authorized to execute any other docu- Planning Commission. and be in force from and after the ear- ments and certificates, and take any Section 4. That the agreement and liest period allowed by law. other actions which may be necessary other appropriate documents needed Passed June 1, 2015. or appropriate to effect the lease to complete the transaction autho- Effective June 2, 2015. authorized by this ordinance. rized by this legislation shall be pre- Section 7. That this ordinance is pared by the Director of Law. declared to be an emergency measure Section 5. That this ordinance is and, provided it receives the affirma- declared to be an emergency measure Ord. No. 475-15. tive vote of two-thirds of all the mem- and, provided it receives the affirma- By Council Members Brancatelli bers elected to Council, it shall take tive vote of two-thirds of all the mem- effect and be in force immediately and Kelley (by departmental bers elected to Council, it shall take request). upon its passage and approval by the effect and be in force immediately Mayor; otherwise it shall take effect An emergency ordinance authoriz- upon its passage and approval by the and be in force from and after the ear- ing the Director of Community Devel- Mayor; otherwise it shall take effect liest period allowed by law. opment to enter into or amend con- and be in force from and after the ear- Passed June 1, 2015. tracts with various agencies to pro- Effective June 2, 2015. liest period allowed by law. vide housing, commercial, industrial Passed June 1, 2015. and real estate development activi- Effective June 2, 2015. ties. Whereas, this ordinance constitutes Ord. No. 442-15. an emergency measure providing for By Council Members Brancatelli the usual daily operation of a munici- and Kelley (by departmental Ord. No. 443-15. pal department; now, therefore, request). By Council Members Pruitt and Be it ordained by the Council of the An emergency ordinance authoriz- Kelley (by departmental request). City of Cleveland: ing the Director of Economic Devel- An emergency ordinance authoriz- Section 1. That the Director of Com- opment to enter into a grant agree- ing the Director of Public Utilities to munity Development is authorized to ment with Northeast Ohio Regional exercise the first option to renew Con- enter into or amend contracts with Sewer District to provide review and tract Nos. MA 1505 RC 2013-96 and MA various agencies to provide housing, recommendations on various green 1505 RC 2014-71 with Colony Hard- commercial, industrial and real estate infrastructure projects in the City of ware Corporation, dba Phillips Con- development activities. Cleveland. tractor Supply, LLC to provide for Section 2. That the cost of the con- Whereas, under Revised Code Sec- labor and materials necessary repair tracts authorized in this ordinance tion 6119.06(F), the Northeast Ohio pumps, saws, small engines, and air shall not exceed $1,381,960 and any Regional Sewer District (“NEORSD”) tools, for the Division of Water. prior years balances from Fund Nos. is authorized to make grants to politi- Whereas, under the authority of 14 SF 039, 14 SF 040, and 14 SF 041, cal subdivisions for the acquisition or Ordinance No. 261-12, passed April 9, RQS 8006, RL 2015-0061. construction of water resource pro- 2012, the Director of Public Utilities Section 3. That the Director of Com- jects by such political subdivision; entered into Contract No. MA 1505 RC munity Development is authorized to and 2013-96 with Colony Hardware Corpo- accept program income and use this Whereas, NEORSD has established ration, dba Phillips Contractor Sup- and other program income to finance a Green Infrastructure Grants ply, LLC for the repair of and pur- additional housing, commercial, (“GIG”) Program for the purpose of chase of repair parts for pumps, saws, industrial, real estate development promoting the implementation of and small engines, for the Division of and other CDBG eligible activities, water resource projects through the Water; and and the program income is appropri- construction of green infrastructure Whereas, under the authority of ated for those purposes. (“GI”) in the NEORSD’s combined Ordinance No. 261-12, passed April 9, Section 4. That the Director of Com- sewer area to remove stormwater 2012, the Director of Public Utilities munity Development is authorized to from the combined sewer system and entered into Contract No. MA 1505 RC enter into or amend contracts with the reduce the release of combined 2014-71 with Colony Hardware Corpo- agencies administering the housing, sewage into the environment; and ration, dba Phillips Contractor Sup- commercial, industrial and real estate Whereas, the City has an interest in ply, LLC for the purchase of labor and activities that generated program promoting sustainability program materials for the repair of air tools, income in an amount not to exceed related projects and agrees with for the Division of Water; and that generated program income and NEORSD that the GI projects repre- Whereas, Ordinance No. 261-12 to be paid from the revolving fund in sent important components of eco- requires further legislation before Fund 14. nomic development in the City’s exercising the first option to renew on Section 5. That the Director of Com- neighborhoods; and this contract; and munity Development is authorized to 883 46 The City Record June 10, 2015 enter into or amend contracts with agencies or entities to provide AIDS- and be in force from and after the ear- for-profit or non-profit organizations related services; authorizing the liest period allowed by law. serving as the fiscal agent for the var- employment of one or more profes- Passed June 1, 2015. ious agencies to provide housing, sional consultants to provide evalua- Effective June 2, 2015. commercial, industrial, and real tion services; and authorizing the estate development activities. Director to enter into one or more con- Section 6. That this ordinance is tracts with various agencies, entities, declared to be an emergency measure or individuals to implement the grant. Ord. No. 482-15. and, provided it receives the affirma- Whereas, this ordinance constitutes By Council Members Cimperman, tive vote of two-thirds of all the mem- an emergency measure providing for Brancatelli and Kelley (by depart- bers elected to Council, it shall take the usual daily operation of a munici- mental request). effect and be in force immediately pal department; now, therefore, An emergency ordinance authoriz- upon its passage and approval by the Be it ordained by the Council of the ing the Director of Public Health to Mayor; otherwise it shall take effect City of Cleveland: enter into one or more contracts with and be in force from and after the ear- Section 1. That, as a Subrecipient various agencies or entities to pro- liest period allowed by law. Grantee of CDBG funds for the vide AIDS-related services, in con- Passed June 1, 2015. Department of Community Develop- junction with the HOPWA Grant; and Effective June 2, 2015. ment, the Director of Public Health is authorizing the employment of one or authorized to enter into one or more more professional consultants to pro- contracts with various agencies or vide evaluation services. entities to provide HIV/AIDS preven- Whereas, this ordinance constitutes Ord. No. 480-15. tion and education activities, under an emergency measure providing for By Council Members Cimperman, the Community Development Block the usual daily operation of a munici- Brancatelli and Kelley (by depart- Grant, File No. 481-15-A, and in addi- pal department; now, therefore, mental request). tion, the sum of not more than $61,393 Be it ordained by the Council of the An emergency ordinance appropri- is appropriated to the Department of City of Cleveland: ating Community Development Block Public Health for administrative Section 1. That, as a Subrecipient Grant funds and Emergency Solu- costs of implementing the contracts Grantee of CDBG funds for the tions Grant funds for expenses of the authorized by this ordinance. Department of Community Develop- Senior Homeowners Assistance Pro- Section 2. That the Director of Pub- ment, the Director of Public Health is gram (SHAP), CHORE, and Homeless lic Health is authorized to employ by authorized to enter into one or more Services Programs. contract or contracts one or more con- contracts with various agencies or Whereas, the City of Cleveland has sultants or one or more firms of con- entities, effective June 1, 2015, to pro- received a Community Development sultants for the purpose of supple- vide AIDS-related services in conjunc- Block Grant, Year 41, from the United menting the regularly employed staff tion with the Housing Opportunities States Government; and of the several departments of the City for People With AIDS (HOPWA) Whereas, this ordinance constitutes of Cleveland in order to provide pro- Grant Program, under File No. 482-15- an emergency measure providing for fessional services necessary to pro- A. The sum of not more than $28,569 is the usual daily operation of a munici- vide evaluation services. appropriated to the Department of pal department; now, therefore, The selection of the consultants for Public Health for administrative Be it ordained by the Council of the the services shall be made by the costs of implementing the HOPWA program. City of Cleveland: Board of Control on the nomination of Section 2. That the Director of Pub- Section 1. That Community Devel- the Director of Public Health from a lic Health is authorized to employ by opment Block Grant funds in the list of qualified consultants available contract or contracts one or more con- amount of Two Hundred Eighty for employment as may be determined sultants or one or more firms of con- Thousand Dollars ($280,000) from after a full and complete canvass by sultants for the purpose of supple- Fund No. 14 SF 041 are appropriated the Director of Public Health for the menting the regularly employed staff for costs of the Department of Aging purpose of compiling a list. The com- of the several departments of the City incurred in Fund 19 associated with pensation to be paid for the services of Cleveland in order to provide pro- conducting the Senior Homeowners shall be fixed by the Board of Control. fessional services necessary to pro- Assistance Program (“SHAP”), and The contract or contracts authorized vide evaluation services. CHORE in conjunction with the Com- shall be prepared by the Director of The selection of the consultants for munity Development Block Grant Law, approved by the Director of Pub- the services shall be made by the Program. (RQS 8006, RL 2015-0063) lic Health and certified by the Direc- Board of Control on the nomination of Section 2. That Emergency Solu- tor of Finance. the Director of Public Health from a tions Grant funds in the amount of Section 3. That the Director of Pub- list of qualified consultants available Sixty Thousand Dollars ($60,000) lic Health is authorized to enter into for employment as may be determined from Fund No. 19 SF 691 are appropri- one or more contracts with agencies, after a full and complete canvass by ated for costs of the Department of entities, or individuals to implement the Director of Public Health for the Aging incurred in Fund 19 associated the grant as described in the file. purpose of compiling a list. The com- with conducting the Homeless Ser- Section 4. That any agency or entity pensation to be paid for the services vices Program. (RQS 8006, RL 2015- that receives funds under this ordi- shall be fixed by the Board of Control. 0063) nance shall be required to comply The contract or contracts authorized Section 3. That prior to expending with the evaluation services provided shall be prepared by the Director of funds under this ordinance, the Direc- by the consultant. Law, approved by the Director of Pub- tor of Aging and the Director of Com- Section 5. That prior to expending lic Health and certified by the Direc- munity Development shall enter into funds under this ordinance, the Direc- tor of Finance. a memorandum of understanding for tors of Public Health and Community Section 3. That any agency or entity this program. Development must enter into a memo- that receives funds under this ordi- Section 4. That this ordinance is randum of understanding for this pro- nance shall be required to comply declared to be an emergency measure gram in accordance with the terms with the evaluation services provided and, provided it receives the affirma- authorized by this legislation. by the consultant. tive vote of two-thirds of all the mem- Section 6. That the cost of the con- Section 4. That prior to expending bers elected to Council, it shall take tract or contracts in the sum of not funds under this ordinance, the Direc- effect and be in force immediately more than $248,000 and administra- tor of Public Health and the Director upon its passage and approval by the tive costs in the sum of not more than of Community Development must Mayor; otherwise it shall take effect $61,393 for a total amount of $309,393, enter into a memorandum of under- and be in force from and after the ear- are appropriated for costs of the standing for this program under the liest period allowed by law. Department of Public Health incurred terms authorized by this legislation. Passed June 1, 2015. from Fund 19 following the appropri- Section 5. That the cost of the con- Effective June 2, 2015. ate federal regulations and shall be tract or contracts in the sum of not paid from Fund No. 14 SF 041, Request more than $923,762 and administra- No. RQS 8006, RL 2015-057. tive costs in the sum of not more than Section 7. That this ordinance is $28,569 for a total amount of $952,331, Ord. No. 481-15. declared to be an emergency measure plus prior years’ balances, are appro- By Council Members Cimperman, and, provided it receives the affirma- priated for costs of the Department of Brancatelli and Kelley (by depart- tive vote of two-thirds of all the mem- Public Health incurred from Fund 19 mental request). bers elected to Council, it shall take following the appropriate federal reg- An emergency ordinance authoriz- effect and be in force immediately ulations and shall be paid from Fund ing the Director of Public Health to upon its passage and approval by the No. 19 SF 682, Request No. RQS 8006, enter into contracts with various Mayor; otherwise it shall take effect RL 2015-58. 884 June 10, 2015 The City Record 47

Section 6. That this ordinance is and, provided it receives the affirma- Whereas, this ordinance constitutes declared to be an emergency measure tive vote of two-thirds of all the mem- an emergency measure providing for and, provided it receives the affirma- bers elected to Council, it shall take the usual daily operation of a munici- tive vote of two-thirds of all the mem- effect and be in force immediately pal department; now, therefore, bers elected to Council, it shall take upon its passage and approval by the Be it ordained by the Council of the effect and be in force immediately Mayor; otherwise it shall take effect City of Cleveland: upon its passage and approval by the and be in force from and after the ear- Section 1. That the Director of Pub- Mayor; otherwise it shall take effect liest period allowed by law. lic Safety is authorized to enter into and be in force from and after the ear- Passed June 1, 2015. one or more contracts with Motorola liest period allowed by law. Effective June 2, 2015. Solutions, Inc. for professional ser- Passed June 1, 2015. vices necessary to provide video sur- Effective June 2, 2015. veillance at six locations in Ward 9, on the basis of its proposal dated Sep- Ord. No. 486-15. tember 29, 2014, for the Department of By Council Members K. Johnson, Public Safety. Services under the con- Ord. No. 485-15. Brancatelli and Kelley (by depart- tract may include that Motorola Solu- By Council Members K. Johnson, mental request). tions, Inc. will provide the equipment; Brancatelli and Kelley (by depart- An emergency ordinance appropri- install, test, and maintain the equip- mental request). ating Community Development Block ment; provide technical support; inte- An emergency ordinance authoriz- Grant funds for expenses for the Pro- grate and link into the City’s existing ing the Director of Community Devel- ject Clean Program; and authorizing wireless broadband network; and/or opment and, if applicable, other City the Director of Public Works to enter provide other related services neces- Directors to enter into contract with into one or more contracts with vari- sary for remote viewing and record- various agencies to provide social ser- ous agencies to implement the Pro- ing for a period of one year, with two gram. vice programs, including the senior one-year options to renew, exercis- Whereas, the City of Cleveland has transportation program, authorizing able by the Director of Public Safety. received a Community Development the Director of Community Develop- Section 2. That the Director of Pub- Block Grant, Year 41, from the United ment to enter into one or more written lic Safety is authorized to enter into States Government; and one or more contracts with Motorola agreements with the Director of Pub- Whereas, this ordinance constitutes lic Works to lease space from the Solutions, Inc. for professional ser- an emergency measure providing for vices necessary to provide video sur- Greater New Calvary Baptist Church the usual daily operation of a munici- to provide facilities for recreation veillance at future locations City- pal department; now, therefore, wide, for the Department of Public activities, and with other Directors if Be it ordained by the Council of the necessary. Safety. Services under the contract City of Cleveland: may include that Motorola Solutions, Whereas, this ordinance constitutes Section 1. That Community Devel- Inc. will provide the equipment; an emergency measure providing for opment Block Grant funds in the install, test, and maintain the equip- the usual daily operation of a munici- amount of $1,216,908 from Fund No. 14 ment; provide technical support; inte- pal department; now, therefore, SF 041, RQS 8006, RL 2015-53, are grate and link into the City’s existing Be it ordained by the Council of the appropriated for costs of the Depart- wireless broadband network; and/or City of Cleveland: ment of Public Works incurred from provide other related services neces- Section 1. That the Director of Com- Fund 19 following the appropriate sary for remote viewing and record- munity Development, and if neces- federal regulations and associated ing for a period of one year, with two sary, appropriate Directors, are with conducting the Project Clean one-year options to renew, exercis- authorized to enter into or amend con- Program in conjunction with the Com- able by the Director of Public Safety. tracts with various agencies to pro- munity Development Block Grant Program. Section 3. That under Section 108(b) vide social service programs, includ- of the Charter, the purchases autho- ing the senior transportation pro- Section 2. That the Director of Pub- lic Works is authorized to enter into rized by this ordinance may be made gram. through cooperative arrangements Section 2. That, notwithstanding one or more contracts with various non-profit and for-profit agencies to with other governmental agencies. and as an exception to the provisions The Director of Public Safety may of Chapters 181 and 183 of the Codi- provide services necessary to imple- ment the Project Clean Program. sign all documents that are necessary fied Ordinances of Cleveland, Ohio, Section 3. That prior to expending to make the purchases, and may enter 1976, and as amended, the Director of funds under this ordinance, the Direc- into one or more contracts with the Public Works is authorized to lease tor of Public Works and the Director vendors selected through that cooper- from the Greater New Calvary Baptist of Community Development shall ative process. Church, a gym located at 822 East enter into a memorandum of under- Section 4. That the contract or con- 150th Street, Cleveland, Ohio, for a standing for this program. tracts authorized in Section 1 shall period of one year. Section 4. That this ordinance is not exceed $171,900 and shall be paid Section 3. That the rent for the lease declared to be an emergency measure from Fund No. 17 SF 652, RQS 6001, RL shall be $9,900 per year; that the lease and, provided it receives the affirma- 2015-64. Contracts authorized in Sec- may provide for the City to pay for the tive vote of two-thirds of all the mem- tion 2 shall be paid from any and all installation and operating cost of util- bers elected to Council, it shall take funds approved by the Director of ity services to the leased premises; effect and be in force immediately Finance for this purpose, and are that the lease shall be for the purpose upon its passage and approval by the appropriated for this purpose. of providing a facility for recreation Mayor; otherwise it shall take effect Section 5. That this ordinance is activities; and that the lease shall be and be in force from and after the ear- declared to be an emergency measure prepared by the Director of Law. liest period allowed by law. and, provided it receives the affirma- Section 4. That, prior to expending Passed June 1, 2015. tive vote of two-thirds of all the mem- funds under this ordinance, the Direc- Effective June 2, 2015. bers elected to Council, it shall take tor of Community Development must effect and be in force immediately enter into one or more written agree- upon its passage and approval by the ments with the Director of Public Mayor; otherwise it shall take effect Works and any other applicable City Ord. No. 493-15. and be in force from and after the ear- Director for the purposes described in By Council Members Zone and Kel- liest period allowed by law. this ordinance. ley (by departmental request). Passed June 1, 2015. Section 5. That the Director of Com- An emergency ordinance authoriz- Effective June 2, 2015. munity Development is authorized to ing the Director of Public Safety to accept program income and use this enter into one or more contracts with and other program income to finance Motorola Solutions, Inc. for profes- additional social service activities sional services necessary to provide Ord. No. 516-15. and the program income is appropri- video surveillance at six locations in By Council Members Reed, K. John- ated for those purposes. Ward 9 and at future locations City- son and Kelley (by departmental Section 6. That the cost of the con- wide, including providing the equip- request). tracts authorized by this ordinance ment, installation, linking into the An emergency ordinance giving shall not exceed $1,430,127 plus any City’s existing network, and/or pro- consent of the City of Cleveland to the prior year’s balances from Fund Nos. vide other related services necessary County of Cuyahoga for the resurfac- 14 SF 039, 14 SF 040, and 14 SF 041, for remote viewing and recording for ing of East 116th Street from Miles RQS 8006, RL 2015-0062. a period of one year, with two one- Road to Union Avenue; authorizing Section 7. That this ordinance is year options to renew, exercisable by the Director of Capital Projects to declared to be an emergency measure the Director of Public Safety. enter into agreements; to apply for 885 48 The City Record June 10, 2015 and accept an allocation of County Improvement under the applicable sanitary sewers, or other city-owned Motor Vehicle License Tax Funds; sections of the Revised Code; and utilities and/or appurtenances there- and authorizing the Commissioner of (d) After construction of the to which do not comply with the Pro- Purchases and Supplies to acquire Improvement is complete, the City visions of Section 8204 (Utility Reim- any real property and easements nec- agrees to follow and maintain post- bursement Eligibility) of the Ohio essary for the improvement. construction Best Management Prac- Department of Transportation’s Real Whereas, this ordinance constitutes tices as outlined in the Municipal Estate Policies and Procedures Manu- an emergency measure providing for Storm Water Permit that is filed with al, whether inside or outside the cor- the usual daily operation of a munici- the Ohio Environmental Protection porate limits, as may be necessary to pal department; now, therefore, Agency. conform to the Improvement. Be it ordained by the Council of the Section 5. Traffic. That on comple- (d) That the construction, recon- City of Cleveland: tion of the Improvement, the City will struction, and/or arrangement of all Section 1. Consent. That it is keep the highway open to traffic at utilities shall be done in a manner as declared to be in the public interest all times; and not to interfere unduly with the oper- that the consent of the City of Cleve- (a) Place and maintain all traffic ation of the contractor constructing land is given to the County of Cuya- control devices conforming to the the Improvement, and all backfilling hoga (the “County”) to construct the Ohio Manual of Uniform Traffic Con- of trenches made necessary by utility following improvement under plans, trol Devices on the Improvement in rearrangements shall be performed specifications, and estimates compliance with the provisions of Sec- under the provisions of the ODOT approved by the County: resurfacing tion 4511.11 of the Revised Code and Construction and Material Specifica- of East 116th Street from Miles Road other related sections of the Revised tions. to Union Avenue (County ID No. 1170) Code; Section 8. Miscellaneous (the “Improvement”). (b) That the street or highway (a) That if the County is formally Section 2. Cooperation within the limits of the Improvement requested by ordinance of this Coun- (a) That the City will cooperate is designated a through highway as cil to include the construction of sani- with the County in the Improvement. provided in division (A)(6) of Section tary sewers, water lines, area sewers (b) That the County will arrange 4511.07 of the Revised Code; (drainage of area surrounding the for the preparation of construction (c) That stop signs affecting the Improvement), sidewalks, alternate plans and specifications, including movement of traffic on the street or bid items, or other items in the necessary engineering reports for the highway within the Improvement Improvement that are in addition to Improvement, under Current Cuya- shall be removed, and no stop signs those now existing and not provided hoga County standards for construc- shall be erected on same except at its for elsewhere in this ordinance, the tion of County roads and bridges. intersection with another through County will do so, provided that the (c) That the County will arrange highway where traffic does not war- construction meets with the approval rant the installation of a traffic con- for the supervision and administra- of the County and the City involved in trol signal but where the warrants for tion of the construction project. this Improvement; and that the City a “Four-Way Stop” as provided in the (d) That the City agrees to assume agrees to pay, or make arrangements above-mentioned Manual are met; and contribute 100% of the cost of any for the payment of the cost of the con- (d) That no rule or regulation shall items included in the construction struction, cost of preliminary and be enacted restricting the use of the contract at the request of the City, design engineering, and construction Improvement by any class of vehicle which are determined by the County or vehicle load permitted by the supervision. to be not eligible or made necessary Revised Code to use a public high- (b) For purposes of this ordinance, by the Improvement. way. Any existing rule or regulation the agent for the County and liaison (e) The Director of Capital Projects so restricting road usage is rescinded; officer shall be the County Engineer is authorized to request that the Coun- and of Cuyahoga County, Ohio, and/or ty include items related to including (e) The City shall regulate parking such members of his staff as he may bike lanes in the Improvement, and in the following manner: Prohibit designate. the Director of Capital Projects is parking under Section 4511.66 of the (c) That the City agrees to conduct authorized to agree to pay 100% of the Revised Code unless otherwise con- this transaction by electronic means cost of the additional work. trolled by local ordinance or resolu- and agrees that all documents requir- Section 3. Funding tion. ing County signatures may be execut- (a) That the City agrees to cooper- Section 6. Right-of-Way ed by electronic means, and that the ate with the County in the cost of the (a) That all existing street and electronic signatures affixed by the Improvement by an allocation from public right-of-way within the City County to the documents shall have the County Motor Vehicle License which is necessary for the Improve- the same legal effect as if that signa- Tax Fund; and by applying to the ment shall be made available. ture was manually affixed to a paper County to use the License Tax Funds (b) That in the event any addition- version of the document. The City for the Improvement. al right-of-way is required, the City also agrees on behalf of the afore- (b) That the County shall secure will arrange for the acquisition. mentioned entities and persons to be and/or contribute one-hundred per- Section 7. Utilities bound by the provisions of Chapters cent (100%) of the cost of design, con- (a) That the City will make 304 and 1306 of the Revised Code as struction, and construction supervi- arrangements with and obtain they pertain to electronic transac- sion. arrangements from all privately- tions, and to comply with the elec- (c) That if funds administered by owned public utility companies tronic signature policy of the County. the Ohio Public Works Commission whose lines or structures will be Section 9. That the Director of Capi- are used for the Improvement, the affected by the Improvement, and the tal Projects is authorized to enter into amount of the funds shall be applied companies have agreed to make any agreements necessary to complete the to the County’s share of the costs spec- and all necessary arrangements in Improvement. ified in this ordinance. such a manner as to be clear of any Section 10. That the Director of Cap- Section 4. Maintenance. That upon construction called for by the plans ital Projects is authorized to apply to completion of the Improvement, the for the Improvement, and the compa- the County for approval to use County City will keep the highway open to nies have agreed to make necessary Motor Vehicle License Tax funds to traffic at all times; and rearrangements immediately after pay for the Improvement, to accept (a) Maintain the Improvement in notification by the City. the funds and to file all papers and accordance with the provisions of the (b) That the County will partici- execute all documents necessary to statutes relating thereto and make pate in the costs of alterations of gov- receive the funds; and that the funds ample financial provisions for the ernmentally-owned utility facilities are appropriated for the purposes set maintenance; which come within the provisions of forth above. That the costs for the (b) Maintain the right-of-way and Section 8204 (Utility Reimbursement additional items authorized in Section keep it free of obstructions in a man- Eligibility) of the Ohio Department of 2(e) of this ordinance shall be paid ner satisfactory to the County and Transportation’s Real Estate Policies from any and all funds approved by hold the right-of-way inviolate for and Procedures Manual to the same the Director of Finance, including public highway purposes and permit extent that it participates in the other future bond funds if issued for this no signs, posters, billboards, roadside costs of the Improvement, provided, purpose. stands or other private installations however, that such participation will Section 11. That, notwithstanding within the right-of-way limits; not extend to any additions or better- any provision of the Codified Ordi- (c) That the County shall continue ments of existing facilities. nances of Cleveland, Ohio, 1976, to the to maintain the structural elements of (c) That it is agreed that the City contrary, the Commissioner of Pur- any bridge (defined as a structure shall, at its own expense, make all chases and Supplies is authorized to with a span of twenty feet or greater) rearrangements of water mains, ser- acquire, accept, and record for right- located within the limits of the vice, lines, fire hydrants, valve boxes, of-way purposes any real property 886 June 10, 2015 The City Record 49 and easements as is necessary to which are determined by the County (e) The City shall regulate parking make the improvements described in to be not eligible or made necessary in the following manner: Prohibit this ordinance. The consideration to by the Improvement. parking under Section 4511.66 of the be paid for the property and ease- Section 3. Funding Revised Code unless otherwise con- ments shall not exceed fair market (a) That the City agrees to cooper- trolled by local ordinance or resolu- value to be determined by the Board ate with the County in the cost of the tion. of Control. Improvement by an allocation from Section 6. Right-of-Way Section 12. That the Director of Cap- the County Motor Vehicle License (a) That all existing street and ital Projects is authorized to execute Tax Fund; and by applying to the public right-of-way within the City on behalf of the City all documents County to use the License Tax Funds which is necessary for the Improve- necessary to acquire, accept, and for the Improvement. ment shall be made available. record the property and easements (b) That the County shall secure (b) That in the event any addition- and to employ and pay all fees for and/or contribute one-hundred per- al right-of-way is required, the City title companies, surveys, escrows, cent (100%) of the cost of design, con- will arrange for the acquisition. appraisers, and all other costs neces- struction, and construction supervi- Section 7. Utilities sary for the acquisition of the proper- sion. (a) That the City will make ty and easements. (c) That if funds administered by arrangements with and obtain Section 13. That this Council the Ohio Public Works Commission arrangements from all privately- requests the County to proceed with are used for the Improvement, the owned public utility companies the Improvement. amount of the funds shall be applied whose lines or structures will be Section 14. That the Clerk of Coun- to the County’s share of the costs spec- affected by the Improvement, and the cil is directed to transmit to the Coun- ified in this ordinance. companies have agreed to make any ty three (3) certified copies of this Section 4. Maintenance. That upon and all necessary arrangements in ordinance immediately on its taking completion of the Improvement, the such a manner as to be clear of any effect. City will keep the highway open to construction called for by the plans Section 15. That this ordinance is traffic at all times; and for the Improvement, and the compa- declared to be an emergency measure (a) Maintain the Improvement in nies have agreed to make necessary and, provided it receives the affirma- accordance with the provisions of the rearrangements immediately after tive vote of two-thirds of all the mem- statutes relating thereto and make notification by the City. bers elected to Council, it shall take ample financial provisions for the (b) That the County will partici- effect and be in force immediately maintenance; pate in the costs of alterations of gov- upon its passage and approval by the (b) Maintain the right-of-way and ernmentally-owned utility facilities Mayor; otherwise it shall take effect keep it free of obstructions in a man- which come within the provisions of and be in force from and after the ear- ner satisfactory to the County and Section 8204 (Utility Reimbursement liest period allowed by law. hold the right-of-way inviolate for Eligibility) of the Ohio Department of Passed June 1, 2015. public highway purposes and permit Transportation’s Real Estate Policies Effective June 2, 2015. no signs, posters, billboards, roadside and Procedures Manual to the same stands or other private installations extent that it participates in the other within the right-of-way limits; costs of the Improvement, provided, (c) That the County shall continue however, that such participation will Ord. No. 517-15. to maintain the structural elements of not extend to any additions or better- ments of existing facilities. By Council Members Polensek, J. any bridge (defined as a structure Johnson, K. Johnson and Kelley (by (c) That it is agreed that the City with a span of twenty feet or greater) departmental request). shall, at its own expense, make all located within the limits of the An emergency ordinance giving rearrangements of water mains, ser- Improvement under the applicable consent of the City of Cleveland to the vice, lines, fire hydrants, valve boxes, sections of the Revised Code; and County of Cuyahoga for the resurfac- sanitary sewers, or other city-owned (d) After construction of the ing of Eddy Road from St. Clair utilities and/or appurtenances there- Improvement is complete, the City Avenue to Interstate 90; authorizing to which do not comply with the Pro- the Director of Capital Projects to agrees to follow and maintain post- visions of Section 8204 (Utility Reim- enter into agreements; to apply for construction Best Management Prac- bursement Eligibility) of the Ohio and accept an allocation of County tices as outlined in the Municipal Department of Transportation’s Real Motor Vehicle License Tax Funds; Storm Water Permit that is filed with Estate Policies and Procedures Manu- and authorizing the Commissioner of the Ohio Environmental Protection al, whether inside or outside the cor- Purchases and Supplies to acquire Agency. porate limits, as may be necessary to any real property and easements nec- Section 5. Traffic. That on comple- conform to the Improvement. essary for the improvement. tion of the Improvement, the City will (d) That the construction, recon- Whereas, this ordinance constitutes keep the highway open to traffic at struction, and/or arrangement of all an emergency measure providing for all times; and utilities shall be done in a manner as the usual daily operation of a munici- (a) Place and maintain all traffic not to interfere unduly with the oper- pal department; now, therefore, control devices conforming to the ation of the contractor constructing Be it ordained by the Council of the Ohio Manual of Uniform Traffic Con- the Improvement, and all backfilling City of Cleveland: trol Devices on the Improvement in of trenches made necessary by utility Section 1. Consent. That it is compliance with the provisions of Sec- rearrangements shall be performed declared to be in the public interest tion 4511.11 of the Revised Code and under the provisions of the ODOT that the consent of the City of Cleve- other related sections of the Revised Construction and Material Specifica- land is given to the County of Cuya- Code; tions. hoga (the “County”) to construct the (b) That the street or highway Section 8. Miscellaneous following improvement under plans, within the limits of the Improvement (a) That if the County is formally specifications, and estimates is designated a through highway as requested by ordinance of this Coun- approved by the County: resurfacing provided in division (A)(6) of Section cil to include the construction of sani- of Eddy Road from St. Clair Avenue to 4511.07 of the Revised Code; tary sewers, water lines, area sewers Interstate 90 (County ID No. 1173) (c) That stop signs affecting the (drainage of area surrounding the (the “Improvement”). movement of traffic on the street or Improvement), sidewalks, alternate Section 2. Cooperation highway within the Improvement bid items, or other items in the (a) That the City will cooperate shall be removed, and no stop signs Improvement that are in addition to with the County in the Improvement. shall be erected on same except at its those now existing and not provided (b) That the County will arrange intersection with another through for elsewhere in this ordinance, the for the preparation of construction highway where traffic does not war- County will do so, provided that the plans and specifications, including rant the installation of a traffic con- construction meets with the approval necessary engineering reports for the trol signal but where the warrants for of the County and the City involved in Improvement, under Current Cuya- a “Four-Way Stop” as provided in the this Improvement; and that the City hoga County standards for construc- above-mentioned Manual are met; agrees to pay, or make arrangements tion of County roads and bridges. (d) That no rule or regulation shall for the payment of the cost of the con- (c) That the County will arrange be enacted restricting the use of the struction, cost of preliminary and for the supervision and administra- Improvement by any class of vehicle design engineering, and construction tion of the construction project. or vehicle load permitted by the supervision. (d) That the City agrees to assume Revised Code to use a public high- (b) For purposes of this ordinance, and contribute 100% of the cost of any way. Any existing rule or regulation the agent for the County and liaison items included in the construction so restricting road usage is rescinded; officer shall be the County Engineer contract at the request of the City, and of Cuyahoga County, Ohio, and/or 887 50 The City Record June 10, 2015 such members of his staff as he may any gifts or grants from any public or Section 6. That the Director of Capi- designate. private entity; authorizing the Direc- tal Projects is authorized to enter into (c) That the City agrees to conduct tor of Capital Projects to enter into contracts with ODOT pre-qualified this transaction by electronic means any relative agreements; and causing consultants for the preliminary engi- and agrees that all documents requir- payment of the City’s share to the neering phase of the Improvement ing County signatures may be execut- State for the cost of the improvement. and to enter into contracts with the ed by electronic means, and that the Whereas, this ordinance constitutes Director of Transportation necessary electronic signatures affixed by the an emergency measure providing for to complete the above described pro- County to the documents shall have the usual daily operation of a munici- ject. Upon the request of ODOT, the the same legal effect as if that signa- pal department; now, therefore, Director of Capital Projects is also ture was manually affixed to a paper Be it ordained by the Council of the authorized to assign all rights, title, version of the document. The City City of Cleveland: and interests of the City to ODOT aris- also agrees on behalf of the afore- Section 1. That it is declared to be in ing from any agreement with its con- mentioned entities and persons to be the public interest that the consent of sultant in order to allow ODOT to bound by the provisions of Chapters the City of Cleveland is given to the direct additional or corrective work, 304 and 1306 of the Revised Code as Director of Transportation of the recover damages due to errors or they pertain to electronic transac- State of Ohio (“the State”) to con- omissions, and to exercise all other tions, and to comply with the elec- struct the following improvement contractual rights and remedies tronic signature policy of the County. under plans, specifications, and esti- afforded by law or equity. Section 9. That the Director of Capi- mates approved by the State: repair- Section 7. That the City agrees that tal Projects is authorized to enter into ing and resurfacing St. Clair Avenue if Federal Funds are used to pay the agreements necessary to complete the from Old River Road to West 9th cost of any consultant contract, the Improvement. Street and East 13th Street to East City shall comply with 23 CFR 172 in Section 10. That the Director of Cap- 55th Street, PID No. 100158 (the the selection of its consultant and the ital Projects is authorized to apply to “Improvement”). administration of the consultant con- the County for approval to use County Section 2. That the City proposes to tract. Further, the City agrees to Motor Vehicle License Tax funds to cooperate with the State in the cost of incorporate ODOT’s “Specifications pay for the Improvement, to accept the Improvement by assuming and for Consulting Services” as a contract the funds and to file all papers and contributing the entire cost and document in all of its consultant con- execute all documents necessary to expense of the Improvement, less the tracts. The City agrees to require, as a receive the funds; and that the funds amount of federal funds allocated by scope of services clause, that all plans are appropriated for the purposes set the Federal Highway Administration, prepared by the consultant must con- forth above. United States Department of Trans- form to ODOT’s current design stan- Section 11. That, notwithstanding portation. The City agrees to assume dards and that the consultant shall be any provision of the Codified Ordi- one hundred percent (100%) of the responsible for ongoing consultant nances of Cleveland, Ohio, 1976, to the cost of preliminary engineering, involvement during the construction contrary, the Commissioner of Pur- right-of-way and environmental docu- phase of the Improvement. The City chases and Supplies is authorized to mentation. Also, the City agrees to agrees to include a completion sched- acquire, accept, and record for right- assume and contribute 100% of the ule acceptable to ODOT and to assist of-way purposes any real property cost of any items included in the con- ODOT in rating the consultant’s per- and easements as is necessary to formance through ODOT’s Consultant struction contract at the request of make the improvements described in Evaluation System. the City, which are determined by the this ordinance. The consideration to Section 8. That this Council State not eligible or made necessary be paid for the property and ease- requests the State to proceed with the by the Improvement. The share of the ments shall not exceed fair market Improvement. cost of the City is estimated in the value to be determined by the Board Section 9. That the Director of Capi- amount of $786,000, but the estimated of Control. tal Projects is authorized to apply for amount is to be adjusted in order that Section 12. That the Director of Cap- and accept any gifts or grants for this the City’s ultimate share of the ital Projects is authorized to execute purpose from any public or private on behalf of the City all documents Improvement shall correspond with entity, including but not limited to necessary to acquire, accept, and the percentages of actual costs when NOACA; and that the Director is record the property and easements the actual costs are determined. authorized to file all papers and exe- and to employ and pay all fees for Section 3. That the Director of Capi- cute all documents necessary to title companies, surveys, escrows, tal Projects is authorized to enter into receive the funds under the grant; and appraisers, and all other costs neces- one or more agreements with the that the funds are appropriated for sary for the acquisition of the proper- State necessary to complete the plan- the purposes described in this ordi- ty and easements. ning and construction of the Improve- nance. Section 13. That this Council ment, which agreements shall contain Section 10. That, when appropriate, requests the County to proceed with terms and conditions that the Director the Director of Capital Projects is the Improvement. of Law determines shall best protect authorized to enter into one or more Section 14. That the Clerk of Coun- the public interest. contracts with the railroads, Greater cil is directed to transmit to the Coun- Section 4. Utilities and Right-of- Cleveland Regional Transit Authori- ty three (3) certified copies of this Way Statement. The City agrees to ty, the Northeast Ohio Regional Sewer ordinance immediately on its taking acquire and/or make available to District and other entities to obtain effect. ODOT, under current State and Feder- services or to acquire property rights Section 15. That this ordinance is al regulations, all necessary right-of- such as easements and licenses, nec- declared to be an emergency measure way required for the Improvement. essary to construct the improvements and, provided it receives the affirma- The City also understands that right- described in this ordinance. tive vote of two-thirds of all the mem- of-way costs include eligible utility Section 11. That the Director of Cap- bers elected to Council, it shall take costs. The City agrees to be responsi- ital Projects is authorized to accept effect and be in force immediately ble for all utility accommodation, cash contributions from public or pri- upon its passage and approval by the relocation, and reimbursement and vate entities, for infrastructure Mayor; otherwise it shall take effect agrees that all such accommodations, restoration costs associated with relo- and be in force from and after the ear- relocations, and reimbursements cating, rehabilitating or reconstruct- liest period allowed by law. shall comply with the current provi- ing utility infrastructure for the Passed June 1, 2015. sions of 23 CFR 645 and the ODOT improvement. Effective June 2, 2015. Utilities Manual. Section 12. That the Director of Cap- Section 5. Maintenance. Upon com- ital Projects is authorized to enter pletion of the Improvement, and into any agreements necessary to unless otherwise agreed, the City implement the improvement. Ord. No. 518-15. shall: (1) provide adequate mainte- Section 13. That the Clerk of Coun- By Council Members Cimperman, nance for the Improvement under all cil is authorized and directed to trans- Dow, J. Johnson, K. Johnson and Kel- applicable state and federal laws, mit to the State three (3) certified ley (by departmental request). including, but not limited to, 23 USC copies of this ordinance immediately An emergency ordinance giving 116; (2) provide ample financial provi- on its taking effect, and it shall consent of the City of Cleveland to the sions, as necessary, for the mainte- become the basis for proceeding with Director of Transportation of the nance of the Improvement; (3) main- the Improvement. State of Ohio for improving St. Clair tain the right-of-way, keeping it free Section 14. That this Council autho- Avenue from Old River Road to West of obstructions; and (4) hold said rizes payment to the State of the 9th Street and East 13th Street to East right-of-way inviolate for public high- City’s share of the Improvement from 55th Street; to apply for and accept way purposes. Fund Nos. 20 SF 520, 20 SF 528, 20 SF 888 June 10, 2015 The City Record 51

534, 20 SF 540, 20 SF 546, 20 SF 554, and Section 4. Utilities and Right-of- Cleveland Regional Transit Authori- 20 SF 563, and any all funds approved Way Statement. The City agrees to ty, the Northeast Ohio Regional Sewer by the Director of Finance, including acquire and/or make available to District and other entities to obtain future bond funds if issued for this ODOT, under current State and Feder- services or to acquire property rights purpose, Request No. RQS 0103, RL al regulations, all necessary right-of- such as easements and licenses, nec- 2015-70. way required for the Improvement. essary to construct the improvements Section 15. That this ordinance is The City also understands that right- described in this ordinance. declared to be an emergency measure of-way costs include eligible utility Section 11. That the Director of Cap- and, provided it receives the affirma- costs. The City agrees to be responsi- ital Projects is authorized to accept tive vote of two-thirds of all the mem- ble for all utility accommodation, cash contributions from public or pri- bers elected to Council, it shall take relocation, and reimbursement and vate entities, for infrastructure effect and be in force immediately agrees that all such accommodations, restoration costs associated with relo- upon its passage and approval by the relocations, and reimbursements cating, rehabilitating or reconstruct- Mayor; otherwise it shall take effect shall comply with the current provi- ing utility infrastructure for the and be in force from and after the ear- sions of 23 CFR 645 and the ODOT improvement. liest period allowed by law. Utilities Manual. Section 12. That the Director of Cap- Passed June 1, 2015. Section 5. Maintenance. Upon com- ital Projects is authorized to enter Effective June 2, 2015. pletion of the Improvement, and into any agreements necessary to unless otherwise agreed, the City implement the improvement. shall: (1) provide adequate mainte- Section 13. That the Clerk of Coun- nance for the Improvement under all cil is authorized and directed to trans- Ord. No. 519-15. applicable state and federal laws, mit to the State three (3) certified By Council Members Kazy, Keane, including, but not limited to, 23 USC copies of this ordinance immediately K. Johnson and Kelley (by depart- 116; (2) provide ample financial provi- on its taking effect, and it shall mental request). sions, as necessary, for the mainte- become the basis for proceeding with An emergency ordinance giving nance of the Improvement; (3) main- the Improvement. consent of the City of Cleveland to the tain the right-of-way, keeping it free Section 14. That this Council autho- Director of Transportation of the of obstructions; and (4) hold said rizes payment to the State of the State of Ohio for improving West right-of-way inviolate for public high- City’s share of the Improvement from 150th Street from Industrial Parkway way purposes. Fund Nos. 20 SF 520, 20 SF 528, 20 SF to Lorain Avenue; to apply for and Section 6. That the Director of Capi- 534, 20 SF 540, 20 SF 546, 20 SF 554, and accept any gifts or grants from any tal Projects is authorized to enter into 20 SF 563, and any all funds approved public or private entity; authorizing contracts with ODOT pre-qualified by the Director of Finance, including the Director of Capital Projects to consultants for the preliminary engi- future bond funds if issued for this enter into any relative agreements; neering phase of the Improvement purpose, Request No. RQS 0103, RL and causing payment of the City’s and to enter into contracts with the 2015-73. share to the State for the cost of the Director of Transportation necessary Section 15. That this ordinance is improvement. to complete the above described pro- declared to be an emergency measure Whereas, this ordinance constitutes ject. Upon the request of ODOT, the and, provided it receives the affirma- an emergency measure providing for Director of Capital Projects is also tive vote of two-thirds of all the mem- the usual daily operation of a munici- authorized to assign all rights, title, bers elected to Council, it shall take pal department; now, therefore, and interests of the City to ODOT aris- effect and be in force immediately Be it ordained by the Council of the ing from any agreement with its con- upon its passage and approval by the City of Cleveland: sultant in order to allow ODOT to Mayor; otherwise it shall take effect Section 1. That it is declared to be in direct additional or corrective work, and be in force from and after the ear- the public interest that the consent of recover damages due to errors or liest period allowed by law. the City of Cleveland is given to the omissions, and to exercise all other Passed June 1, 2015. Director of Transportation of the contractual rights and remedies Effective June 2, 2015. State of Ohio (“the State”) to con- afforded by law or equity. struct the following improvement Section 7. That the City agrees that under plans, specifications, and esti- if Federal Funds are used to pay the mates approved by the State: repair- cost of any consultant contract, the Ord. No. 520-15. ing and resurfacing West 150th Street City shall comply with 23 CFR 172 in By Council Members Keane, K. from Industrial Parkway to Lorain the selection of its consultant and the Johnson and Kelley (by departmental Avenue, PID No. 100160 (the administration of the consultant con- request). “Improvement”). tract. Further, the City agrees to An emergency ordinance giving Section 2. That the City proposes to incorporate ODOT’s “Specifications consent of the City of Cleveland to the cooperate with the State in the cost of for Consulting Services” as a contract Director of Transportation of the the Improvement by assuming and document in all of its consultant con- State of Ohio for improving Warren contributing the entire cost and tracts. The City agrees to require, as a Road from Munn Road to Interstate expense of the Improvement, less the scope of services clause, that all plans 90; to apply for and accept any gifts or amount of federal funds allocated by prepared by the consultant must con- grants from any public or private the Federal Highway Administration, form to ODOT’s current design stan- entity; authorizing the Director of United States Department of Trans- dards and that the consultant shall be Capital Projects to enter into any rel- portation. The City agrees to assume responsible for ongoing consultant ative agreements; and causing pay- one hundred percent (100%) of the involvement during the construction ment of the City’s share to the State cost of preliminary engineering, phase of the Improvement. The City for the cost of the improvement. right-of-way and environmental docu- agrees to include a completion sched- Whereas, this ordinance constitutes mentation. Also, the City agrees to ule acceptable to ODOT and to assist an emergency measure providing for assume and contribute 100% of the ODOT in rating the consultant’s per- the usual daily operation of a munici- cost of any items included in the con- formance through ODOT’s Consultant pal department; now, therefore, struction contract at the request of Evaluation System. Be it ordained by the Council of the the City, which are determined by the Section 8. That this Council City of Cleveland: State not eligible or made necessary requests the State to proceed with the Section 1. That it is declared to be in by the Improvement. The share of the Improvement. the public interest that the consent of cost of the City is estimated in the Section 9. That the Director of Capi- the City of Cleveland is given to the amount of $629,200, but the estimated tal Projects is authorized to apply for Director of Transportation of the amount is to be adjusted in order that and accept any gifts or grants for this State of Ohio (“the State”) to con- the City’s ultimate share of the purpose from any public or private struct the following improvement Improvement shall correspond with entity, including but not limited to under plans, specifications, and esti- the percentages of actual costs when NOACA; and that the Director is mates approved by the State: repair- the actual costs are determined. authorized to file all papers and exe- ing and resurfacing Warren Road Section 3. That the Director of Capi- cute all documents necessary to from Munn Road to Interstate 90, PID tal Projects is authorized to enter into receive the funds under the grant; and No. 100159 (the “Improvement”). one or more agreements with the that the funds are appropriated for Section 2. That the City proposes to State necessary to complete the plan- the purposes described in this ordi- cooperate with the State in the cost of ning and construction of the Improve- nance. the Improvement by assuming and ment, which agreements shall contain Section 10. That, when appropriate, contributing the entire cost and terms and conditions that the Director the Director of Capital Projects is expense of the Improvement, less the of Law determines shall best protect authorized to enter into one or more amount of federal funds allocated by the public interest. contracts with the railroads, Greater the Federal Highway Administration, 889 52 The City Record June 10, 2015

United States Department of Trans- responsible for ongoing consultant Whereas, this ordinance constitutes portation. The City agrees to assume involvement during the construction an emergency measure providing for one hundred percent (100%) of the phase of the Improvement. The City the usual daily operation of a munici- cost of preliminary engineering, agrees to include a completion sched- pal department; now, therefore, right-of-way and environmental docu- ule acceptable to ODOT and to assist Be it ordained by the Council of the mentation. Also, the City agrees to ODOT in rating the consultant’s per- City of Cleveland: assume and contribute 100% of the formance through ODOT’s Consultant Section 1. That the Director of Capi- cost of any items included in the con- Evaluation System. tal Projects is authorized to employ struction contract at the request of Section 8. That this Council by contract or contracts one or more the City, which are determined by the requests the State to proceed with the consultants or one or more firms of State not eligible or made necessary Improvement. consultants for the purpose of supple- by the Improvement. The share of the Section 9. That the Director of Capi- menting the regularly employed staff cost of the City is estimated in the tal Projects is authorized to apply for of the several departments of the City amount of $273,980, but the estimated and accept any gifts or grants for this of Cleveland in order to provide pro- amount is to be adjusted in order that purpose from any public or private fessional services necessary to sur- the City’s ultimate share of the entity, including but not limited to vey City streets and to collect and Improvement shall correspond with NOACA; and that the Director is input data necessary to implement the percentages of actual costs when authorized to file all papers and exe- the Pavement Management Program, the actual costs are determined. cute all documents necessary to for a period up to five years. Section 3. That the Director of Capi- receive the funds under the grant; and The selection of the consultant or tal Projects is authorized to enter into that the funds are appropriated for consultants for the services shall be one or more agreements with the the purposes described in this ordi- made by the Board of Control on the State necessary to complete the plan- nance. nomination of the Director of Capital ning and construction of the Improve- Section 10. That, when appropriate, Projects from a list of qualified con- ment, which agreements shall contain the Director of Capital Projects is sultants available for employment as terms and conditions that the Director authorized to enter into one or more may be determined after a full and of Law determines shall best protect contracts with the railroads, Greater complete canvass by the Director of the public interest. Cleveland Regional Transit Authori- Capital Projects for the purpose of Section 4. Utilities and Right-of- ty, the Northeast Ohio Regional Sewer Way Statement. The City agrees to compiling a list. The compensation to acquire and/or make available to District and other entities to obtain be paid for the services shall be fixed ODOT, under current State and Feder- services or to acquire property rights by the Board of Control. The contract al regulations, all necessary right-of- such as easements and licenses, nec- or contracts authorized shall be pre- way required for the Improvement. essary to construct the improvements pared by the Director of Law, The City also understands that right- described in this ordinance. approved by the Director of Capital of-way costs include eligible utility Section 11. That the Director of Cap- Projects, and certified by the Director costs. The City agrees to be responsi- ital Projects is authorized to accept of Finance. ble for all utility accommodation, cash contributions from public or pri- Section 2. That the cost of the con- relocation, and reimbursement and vate entities, for infrastructure tract or contracts authorized shall be agrees that all such accommodations, restoration costs associated with relo- paid from Fund No. 20 SF 520, 20 SF relocations, and reimbursements cating, rehabilitating or reconstruct- 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 shall comply with the current provi- ing utility infrastructure for the SF 554, 20 SF 563, and any and all sions of 23 CFR 645 and the ODOT improvement. funds approved by the Director of Utilities Manual. Section 12. That the Director of Cap- Finance, including future bond funds Section 5. Maintenance. Upon com- ital Projects is authorized to enter if issued for this purpose, Request No. pletion of the Improvement, and into any agreements necessary to RQS 0103, RL 2015-67. unless otherwise agreed, the City implement the improvement. Section 3. That this ordinance is shall: (1) provide adequate mainte- Section 13. That the Clerk of Coun- declared to be an emergency measure nance for the Improvement under all cil is authorized and directed to trans- and, provided it receives the affirma- applicable state and federal laws, mit to the State three (3) certified tive vote of two-thirds of all the mem- including, but not limited to, 23 USC copies of this ordinance immediately bers elected to Council, it shall take 116; (2) provide ample financial provi- on its taking effect, and it shall effect and be in force immediately sions, as necessary, for the mainte- become the basis for proceeding with upon its passage and approval by the nance of the Improvement; (3) main- the Improvement. Mayor; otherwise it shall take effect tain the right-of-way, keeping it free Section 14. That this Council autho- and be in force from and after the ear- of obstructions; and (4) hold said rizes payment to the State of the liest period allowed by law. right-of-way inviolate for public high- City’s share of the Improvement from Passed June 1, 2015. way purposes. Fund Nos. 20 SF 520, 20 SF 528, 20 SF Effective June 2, 2015. Section 6. That the Director of Capi- 534, 20 SF 540, 20 SF 546, 20 SF 554, and tal Projects is authorized to enter into 20 SF 563, and any all funds approved contracts with ODOT pre-qualified consultants for the preliminary engi- by the Director of Finance, including neering phase of the Improvement future bond funds if issued for this Ord. No. 525-15. and to enter into contracts with the purpose, Request No. RQS 0103, RL By Council Members Mitchell, K. Director of Transportation necessary 2015-71. Johnson and Kelley (by departmental to complete the above described pro- Section 15. That this ordinance is request). ject. Upon the request of ODOT, the declared to be an emergency measure An emergency ordinance giving Director of Capital Projects is also and, provided it receives the affirma- consent of the City of Cleveland to the authorized to assign all rights, title, tive vote of two-thirds of all the mem- Director of Transportation of the and interests of the City to ODOT aris- bers elected to Council, it shall take State of Ohio to repair and resurface ing from any agreement with its con- effect and be in force immediately East 93rd Street from Union Avenue sultant in order to allow ODOT to upon its passage and approval by the to Kinsman Road; to apply for and direct additional or corrective work, Mayor; otherwise it shall take effect accept any gifts or grants for this pur- recover damages due to errors or and be in force from and after the ear- pose from any public or private enti- omissions, and to exercise all other liest period allowed by law. ty; authorizing one or more contracts contractual rights and remedies Passed June 1, 2015. with consultants and any other rela- afforded by law or equity. Effective June 2, 2015. tive agreements; and authorizing the Section 7. That the City agrees that acquisition of any real property and if Federal Funds are used to pay the easements necessary to make the cost of any consultant contract, the improvement. City shall comply with 23 CFR 172 in Ord. No. 523-15. Whereas, this ordinance constitutes the selection of its consultant and the By Council Members K. Johnson an emergency measure providing for administration of the consultant con- and Kelley (by departmental the usual daily operation of a munici- tract. Further, the City agrees to request). pal department; now, therefore, incorporate ODOT’s “Specifications An emergency ordinance authoriz- Be it ordained by the Council of the for Consulting Services” as a contract ing the Director of Capital Projects to City of Cleveland: document in all of its consultant con- employ one or more professional con- Section 1. That it is declared to be in tracts. The City agrees to require, as a sultants to survey City streets and to the public interest that the consent of scope of services clause, that all plans and collect and input data necessary the City of Cleveland is given to the prepared by the consultant must con- to implement the Pavement Manage- Director of Transportation of the form to ODOT’s current design stan- ment Program, for a period up to five State of Ohio (“the State”) to con- dards and that the consultant shall be years. struct the following improvement 890 June 10, 2015 The City Record 53 under plans, specifications, and esti- responsible for ongoing consultant Section 14. That the Director of Cap- mates approved by the State: repair involvement during the construction ital Projects is authorized to execute and resurface East 93rd Street pave- phase of the Improvement. The City on behalf of the City all documents ment from Union Avenue to Kinsman agrees to include a completion sched- necessary to acquire, accept, and Road (US-411/SR-8), PID No. 100098 ule acceptable to ODOT and to assist record the property and easements (the “Improvement”). ODOT in rating the consultant’s per- and to employ and pay all fees for Section 2. That the City proposes to formance through ODOT’s Consultant title companies, surveys, escrows, cooperate with the State in the cost of Evaluation System. appraisers, and all other costs neces- the Improvement by assuming and Section 7. That this Council sary for the acquisition of the proper- contributing the entire cost and requests the State to proceed with the ty and easements. expense of the Improvement, less the Improvement. Section 15. That the Director of Cap- amount of federal-aid funds set aside Section 8. That the Director of Capi- ital Projects is authorized to enter by the Director of Transportation for tal Projects is authorized to apply for into any agreements necessary to the financing of the Improvement and accept any gifts or grants for this implement the Improvement. from funds allocated by the Federal purpose from any public or private Section 16. That the cost of the con- Highway Administration, United entity, including but not limited to tracts, payments, property acquisi- States Department of Transportation. NOACA; and that the Director is tion, cash matches, and other expen- The City agrees to assume one hun- authorized to file all papers and exe- ditures authorized shall be paid from dred percent (100%) of the cost of pre- cute all documents necessary to the fund or funds to which are credit- liminary engineering, right-of-way receive the funds under the grant; and ed any gift or grant proceeds accept- and environmental documentation. that the funds are appropriated for ed under this ordinance, cash match- Also, the City agrees to assume and the purposes described in this ordi- es, cash contributions accepted and contribute 100% of the cost of any nance. appropriated under this ordinance, items included in the construction Section 9. That the Director of Capi- and from any and all funds approved contract at the request of the City, tal Projects is authorized to employ by the Director of Finance, including which are determined by the State not by contract or contracts one or more future bond funds if issued for this eligible or made necessary by the consultants or one or more firms of purpose. Improvement. consultants for the purpose of supple- Section 17. That the Clerk of Coun- Section 3. Utilities and Right-of- menting the regularly employed staff cil is authorized and directed to trans- Way Statement. The City agrees to of the several departments of the City mit to the State three (3) certified acquire and/or make available to of Cleveland in order to provide pro- copies of this ordinance immediately ODOT, under current State and Feder- fessional design, engineering and on its taking effect, and it shall al regulations, all necessary right-of- construction services necessary for become the basis for proceeding with way required for the Improvement. the Improvement. the Improvement. The City also understands that right- The selection of the consultants for Section 18. That this ordinance is of-way costs include eligible utility the services shall be made by the declared to be an emergency measure costs. The City agrees to be responsi- Board of Control on the nomination of and, provided it receives the affirma- ble for all utility accommodation, the Director of Capital Projects from tive vote of two-thirds of all the mem- relocation, and reimbursement and a list of qualified consultants avail- bers elected to Council, it shall take agrees that all such accommodations, able for employment as may be deter- effect and be in force immediately relocations, and reimbursements mined after a full and complete can- upon its passage and approval by the shall comply with the current provi- vass by the Director of Capital Pro- Mayor; otherwise it shall take effect sions of 23 CFR 645 and the ODOT jects for the purpose of compiling a and be in force from and after the ear- Utilities Manual. list. The compensation to be paid for liest period allowed by law. Section 4. Maintenance. Upon com- the services shall be fixed by the Passed June 1, 2015. pletion of the Improvement, and Board of Control. The contract or con- unless otherwise agreed, the City tracts shall be prepared by the Direc- Effective June 2, 2015. shall: (1) provide adequate mainte- tor of Law, approved by the Director nance for the Improvement under all of Capital Projects and certified by applicable state and federal laws, the Director of Finance. including, but not limited to, 23 USC Section 10. That, when appropriate, Ord. No. 526-15. 116; (2) provide ample financial provi- the Director of Capital Projects is By Council Members K. Johnson, sions, as necessary, for the mainte- authorized to enter into one or more Brancatelli and Kelley (by depart- nance of the Improvement; (3) main- contracts with the railroads, Greater mental request). tain the right-of-way, keeping it free Cleveland Regional Transit Authori- An emergency ordinance authoriz- of obstructions; and (4) hold said ty, the Northeast Ohio Regional Sewer ing the Director of Public Safety to right-of-way inviolate for public high- District and other entities to obtain execute a deed of easement granting way purposes. services or to acquire property rights to The Foundation Section 5. That the Director of Capi- such as easements and licenses, nec- certain easement rights in property tal Projects is authorized to enter into essary to construct the improvements located on a portion of Fire Station contracts with ODOT pre-qualified described in this ordinance. No. 10, at 1935 East 101st Street; and consultants for the preliminary engi- Section 11. That the Director of Cap- declaring that the easement rights neering phase of the Improvement ital Projects is authorized to accept granted are not needed for the City’s and to enter into contracts with the cash contributions from public or pri- public use. Director of Transportation necessary vate entities, for infrastructure Whereas, The Cleveland Clinic to complete the above described pro- restoration costs associated with relo- Foundation (“The Clinic”) has ject. Upon the request of ODOT, the cating, rehabilitating or reconstruct- requested the Director of Public Safe- Director of Capital Projects is also ing utility infrastructure for the ty to convey certain easement rights authorized to assign all rights, title, Improvement. That the Director of in property located on a portion of and interests of the City to ODOT aris- Capital Projects is authorized to enter Permanent Parcel No. 119-10-018 at ing from any agreement with its con- into agreements with the entities for Fire Station No. 10, at 1935 East 101st sultant in order to allow ODOT to this purpose. Street; and direct additional or corrective work, Section 12. That the Director of Cap- Whereas, The Clinic requires an recover damages due to errors or ital Projects is authorized to enter easement to install electric distribu- omissions, and to exercise all other into one or more agreements with pri- tion lines; and contractual rights and remedies vate utility companies to pay charges Whereas, the easement rights to be afforded by law or equity. for the installation of underground granted are not needed for the City’s Section 6. That the City agrees that lines in connection with the Improve- public use; and if Federal Funds are used to pay the ment. Whereas, this ordinance constitutes cost of any consultant contract, the Section 13. That, notwithstanding an emergency measure providing for City shall comply with 23 CFR 172 in any provision of the Codified Ordi- the usual daily operation of a munici- the selection of its consultant and the nances of Cleveland, Ohio, 1976, to the pal department; now, therefore, administration of the consultant con- contrary, the Commissioner of Pur- Be it ordained by the Council of the tract. Further, the City agrees to chases and Supplies is authorized to City of Cleveland: incorporate ODOT’s “Specifications acquire, accept, and record for right- Section 1. That, notwithstanding for Consulting Services” as a contract of-way purposes any real property and as an exception to the provisions document in all of its consultant con- and easements as is necessary to of Chapters 181 and 183 of the Codi- tracts. The City agrees to require, as a make the improvements described in fied Ordinances of Cleveland, Ohio, scope of services clause, that all plans this ordinance. The consideration to 1976, it is found and determined that prepared by the consultant must con- be paid for the property and ease- an easement interest in the following form to ODOT’s current design stan- ments shall not exceed fair market described property is not needed for dards and that the consultant shall be value. the City’s public use: 891 54 The City Record June 10, 2015

CLEVELAND CLINIC of Public Safety and Law are autho- Section 1. That, notwithstanding PERMANENT EASEMENT rized to execute any other documents, and as an exception to the Codified Situated in the City of Cleveland, including without limitation, con- Ordinances of the City of Cleveland, County of Cuyahoga, State of Ohio, tracts for right of entry, as may be 1976, the name Jamie Ireland Way being part of the Original 100 Acre necessary to effect this ordinance. shall be added as a secondary and Lot No. 401 and located within a Section 6. That this ordinance is honorary name to East 105th Street record parcel of land as conveyed to declared to be an emergency measure between Park Lane Villa and Euclid the City of Cleveland by deed as and, provided it receives the affirma- Avenue. recorded in Deed Volume 85-1262, tive vote of two-thirds of all the mem- Section 2. That this ordinance is Page 37; of the Cuyahoga County bers elected to Council, it shall take hereby declared to be an emergency Records and more particularly bound- effect and be in force immediately measure and, provided it receives the ed and described as follows: upon its passage and approval by the affirmative vote of two-thirds of all Commencing at the intersection of Mayor; otherwise it shall take effect the members elected to Council, it the southerly right-of-way of Chester and be in force from and after the ear- shall take effect and be in force imme- Avenue (86') and easterly right-of- liest period allowed by law. diately upon its passage and approval way of East 101st Street (60'); Passed June 1, 2015. by the Mayor; otherwise it shall take Thence South 00°35'13" West, a dis- Effective June 2, 2015. effect and be in force from and after tance of 165.14 feet along the easterly the earliest period allowed by law. right-of-way of said East 101st Street Passed June 1, 2015. to the POINT OF BEGINNING; Effective June 2, 2015. Thence North 89°54'02" East, a dis- Ord. No. 527-15. tance of 199.57 feet to a point; By Council Members Brancatelli Thence along the arc of a curve, and Kelley (by departmental deflecting to the right an arc distance request). Ord. No. 561-15. of 33.90' to a point, said arc having a An emergency ordinance to termi- By Council Member Polensek. radius of 34.33', a central angle of nate and discontinue the 1991 North An emergency ordinance to add the 56°34'34" and a chord of 32.54' which Coast Harbor Community Develop- name Stephen Halton, Jr. Way as a bears South 61°48'41" East, said point ment Plan as authorized by Ordi- secondary and honorary name to being on the easterly property line of nance No. 1346-91, passed June 17, Grovewood Avenue at Lakeshore said City of Cleveland parcel; 1991. Boulevard. Thence South 01°05'27" East, a dis- Whereas, Ordinance No. 1346-91, Whereas, this ordinance constitutes tance of 2.71 feet along the easterly passed June 17, 1991, this Council an emergency measure providing for property line of said City of Cleveland approved the the usual daily operation of a munici- parcel to a point; Community Development Plan Area pal department; now, therefore Thence South 88°54'33" West, a dis- (“1991 Plan”), effective until June Be it ordained by the Council of the tance of 24.00 feet along the southerly 2021, to eliminate conditions of blight City of Cleveland: property line of said City of Cleveland and deterioration and to propose cer- Section 1. That, notwithstanding parcel to a point; tain types of development in several and as an exception to the Codified Thence South 2752'18" West, a dis- key action areas; and Ordinances of the City of Cleveland, tance of 2.19 feet along the southwest- Whereas, due to several changes 1976, the name Stephen Halton, Jr. erly property line of said City of within the North Coast Harbor area, Way as added as a secondary and hon- Cleveland parcel to a point; as well as subsequent City Planning orary name to Grovewood Avenue at Thence along the arc of a curve, Commission waterfront plans, Coun- Lakeshore Boulevard. deflecting to the left an arc distance cil wishes to terminate and discontin- Section 2. That this ordinance is of 3.72' to a point, said arc having a ue the 1991 Plan and replace it with hereby declared to be an emergency radius of 14.33', a central angle of the development plan authorized by measure and, provided it receives the 14°51'21" and a chord of 3.71' which Ordinance No. 561-14, passed June 2, affirmative vote of two-thirds of all bears North 82°40'18" West; 2014, as amended by Ordinance No. the members elected to Council, it Thence South 89°54'02" West, a dis- 1507-14, passed December 8, 2014; and shall take effect and be in force imme- tance of 199.81 feet to a point on the Whereas, this ordinance constitutes diately upon its passage and approval easterly right-of-way of said East an emergency measure providing for by the Mayor; otherwise it shall take 101st Street; the usual daily operation of a munici- effect and be in force from and after Thence North 00°35'13" East, a dis- pal department; now, therefore, the earliest period allowed by law. tance of 20.00 feet along the easterly Be it ordained by the Council of the Passed June 1, 2015. right-of-way of said East 101st Street City of Cleveland: Effective June 2, 2015. to the POINT OF BEGINNING; and Section 1. That the 1991 Plan as containing more or less 0.1009 acres approved by Ordinance No. 1346-91, and subject to all legal easements, passed June 17, 1991, is terminated restrictions, reservations, conditions and discontinued and is replaced with Ord. No. 564-15. and right-of-way of previous record. the development plan authorized by By Council Members Zone and Kel- Section 2. That the Commissioner of Ordinance No. 561-14, passed June 2, ley (by departmental request). Purchases and Supplies is authorized 2014, as amended by Ordinance No. An emergency ordinance to supple- to convey the above-described ease- 1507-14, passed December 8, 2014. ment the Codified Ordinances of ment interest to The Clinic subject to Section 2. That this ordinance is Cleveland, Ohio, 1976, by enacting any conditions stated in this ordi- declared to be an emergency measure new Sections 489.01 to 489.06 and nance, at a price determined to be fair and, provided it receives the affirma- 489.99, relating to helicopters. market value by the Board of Control. tive vote of two-thirds of all the mem- Whereas, this ordinance constitutes Section 3. That the easement shall bers elected to Council, it shall take an emergency measure providing for be non-exclusive and the purpose of effect and be in force immediately the usual daily operation of a munici- the easement shall be to install elec- upon its passage and approval by the pal department; now, therefore tric distribution lines. Mayor; otherwise it shall take effect Be it ordained by the Council of the Section 4. That the duration of the and be in force from and after the ear- City of Cleveland: easement shall be permanent; that the liest period allowed by law. Section 1. That the Codified Ordi- easement shall not be assignable Passed June 1, 2015. nances of Cleveland, Ohio, 1976, are without the consent of the Director of Effective June 2, 2015. supplemented by enacting Sections Public Safety; that the easement shall 489.01 to 489.06 and 489.99, to read as require that The Clinic provide rea- follows: sonable insurance, maintain any Clin- ic improvements located within the Ord. No. 530-15. CHAPTER 489 easement; pay any applicable taxes By Council Member Conwell. HELICOPTERS and assessments; and shall contain An emergency ordinance to add the such other terms and conditions that name Jamie Ireland Way as a sec- Section 489.01 Definitions the Director of Law determines to be ondary and honorary name to East As used in this chapter, certain necessary to protect and benefit the 105th Street between Park Lane Villa words and terms are defined as fol- City. and Euclid Avenue. lows: Section 5. That the conveyance ref- Whereas, this ordinance constitutes (a) “Helicopter” means any air- erenced above shall be made by offi- an emergency measure providing for borne vehicle used for the transporta- cial deed of easement prepared by the the usual daily operation of a munici- tion of personnel or material whose Director of Law and executed by the pal department; now, therefore, support in flight is derived from a ver- Director of Public Safety on behalf of Be it ordained by the Council of the tical lift or force produced by the the City of Cleveland. The Directors City of Cleveland: mechanical rotation of an airfoil or 892 June 10, 2015 The City Record 55 wing about an approximately vertical charge and collect fees for the pres- by the Recorded Plat in Volume 2 of axis. ence of the safety personnel, separate Maps, Page 17 of Cuyahoga County (b) “Landing area” means that from the cost of the permit. A fee Records and together forming a par- approved location designated by the schedule for safety personnel cel of land bounded and described as Director of Public Safety, or his or her deployed under this section shall be follows: designee, on which and from which a established by the Board of Control, Beginning in the Southeasterly line helicopter is permitted to land and/or and updated from time-to-time as nec- of Bridge Avenue N.W. (66 feet wide) take off. essary. at the most Westerly corner of said Sublot Number 560; Section 489.02 Takeoff and Landing Section 489.06 Exclusions Thence Northeasterly, along said (a) No person shall land or take off This chapter shall not apply to life Southeasterly line of Bridge Avenue a helicopter anywhere in the City flight operations (HEMS) or heli- N.W., 285.50 feet to the Southwesterly other than at an approved airport or copter flights of the Cleveland Divi- line of Randall Road N.W. (66 feet heliport landing area, except in the sion of Police. wide); case of an emergency. Thence Southeasterly, along said (b) The Director of Public Safety, Section 489.99 Penalty Southwesterly line of Randall Road or his or her designee, may approve Whoever violates any provision of N.W., 212.79 feet to the Northwesterly the landing or take off of a helicopter this chapter is guilty of a minor mis- line of Fulton court N.W. (16 feet at an area other than an approved air- demeanor. wide); port or heliport landing area, on an Section 2. That this ordinance is Thence Southwesterly along said individual basis, in cases of emer- declared to be an emergency measure Northwesterly line of Fulton Court gency, public ceremony, public neces- and, provided it receives the affirma- N.W., 286.35 feet to the most Southerly sity, or other good cause shown. tive vote of two-thirds of all the mem- corner of said Sublot Number 560; bers elected to Council, it shall take Thence Northwesterly, along the Section 489.03 Landing Area Specifi- effect and be in force immediately Southwesterly line of said Sublot cations upon its passage and approval by the Number 560, 198.42 feet to the place of Every landing area shall have a Mayor; otherwise it shall take effect beginning and containing about hard-surfaced or grassed area, shall and be in force from and after the ear- 58,700 square feet of land, as appears be provided with good drainage and liest period allowed by law. by said plat, be the same more or less, shall be free of dust, gravel or other Passed June 1, 2015. but subject to all legal highways. loose material. It shall be not less in Effective June 2, 2015. Section 2. That the term of the lease length, width or diameter than twice authorized by this ordinance shall not the overall length of any helicopter exceed ten years, with one ten-year landing or taking off. In no instance option to renew, exercisable by the shall this area be smaller than 150 Ord. No. 565-15. Director of Community Development. feet in diameter or in length of the By Council Members Cimperman, Section 3. That the property autho- shortest dimension of a rectangular Cummins, Brancatelli and Kelley (by rized by this ordinance shall be area. This area shall be free of trees, departmental request). leased at a rental of $1.00 per year and wires, or other obstructions. A An emergency ordinance authoriz- other valuable considerations, which rooftop shall not be permitted as a ing the Director of Community Devel- is determined to be fair market value, landing area. opment to lease certain property exclusive of utilities. located at 4115 Bridge Avenue to The Section 4. That the lease may autho- Section 489.04 Permit Required Near West Side Multi-Service Corpora- rize the Lessee to make improve- No person shall land a helicopter tion, or its designee to operate the ments to the leased premises subject under division (b) of Section 489.02, May Dugan Multi-Service Center, for to the approval of appropriate City except in cases of mechanical emer- a term up to ten years, with one ten- agencies and officials. gency, without first obtaining a per- year option to renew, exercisable by Section 5. That the lease shall be mit. Terms of the permit, including the Director of Community Develop- prepared by the Director of Law. but not limited to required presence of ment. Section 6. That the Director of Com- fire and police personnel and the per- Whereas, the City of Cleveland munity Development, the Director of missible amount of time a helicopter owns certain property located at 4115 Law, and other appropriate City offi- may remain on site, shall be at the Bridge Avenue, which is suitable for cials are authorized to execute any complete discretion of the Director of lease by another party for public use; other documents and certificates, and Public Safety, or his or her designee. and take any other actions which may be A pilot seeking issuance of a heli- Whereas, the Near West Side Multi- necessary or appropriate to effect the copter permit shall file an application Service Center leased the property lease authorized by this ordinance. with the Director of Public Safety on which lease expires June of 2015; and Section 7. That this ordinance is a form provided by the Director. Such Whereas, the Near West Side Multi- declared to be an emergency measure application form shall require, but not Service Corporation, or its designee, and, provided it receives the affirma- be limited to, the following informa- has proposed to extend the of lease tive vote of two-thirds of all the mem- tion: the property from the City to operate bers elected to Council, it shall take (a) Name and address of the pilot the May Dugan Multi-Service Center; effect and be in force immediately applying for a permit; and upon its passage and approval by the (b) Name and address of the orga- Whereas, this ordinance constitutes Mayor; otherwise it shall take effect nization on behalf of whom the permit an emergency measure providing for and be in force from and after the ear- is requested; the usual daily operation of a munici- liest period allowed by law. (c) Name and address of the proper- pal department; now, therefore Passed June 1, 2015. ty owner; Be it ordained by the Council of the Effective June 2, 2015. (d) Date of landing, time of land- City of Cleveland: ing, and time of takeoff; Section 1. That notwithstanding (e) Type of helicopter; and as an exception to the provisions (f) Number of passengers; and of Chapters 181 and 183 of the Codi- Ord. No. 566-15. (g) A diagrammed site survey indi- fied Ordinances of Cleveland, Ohio, By Council Members J. Johnson, cating all potential obstacles in close 1976, the Director of Community Pruitt and Kelley (by departmental proximity to the landing areas. Development is authorized to lease to request). The Near West Side Multi-Service Cor- An emergency ordinance authoriz- Section 489.05 Fees poration, or its designee (“Lessee”), ing the Director of Public Utilities to (a) The Director of Public Safety is certain property, which is suitable for execute a deed of easement granting authorized to charge and collect fees lease by another party for public use, to the Cleveland Electric Illuminat- for takeoff and landing permits and is more fully described as fol- ing Company certain easement rights issued under this Chapter. The take- lows: in a portion of the Cleveland Water off and landing permit fee shall be in Division’s Nottingham Water Treat- an amount fixed by the Board of Con- 4115 Bridge Avenue ment Plant located at 1300 Chardon trol. PPN: 003-35-029 Road for underground communica- (b) When the Director of Public Situated in the City of Cleveland, tion lines, and declaring that the ease- Safety determines it is necessary for County of Cuyahoga and State of Ohio ment rights granted are not needed the safety and welfare of citizens that and known as being all of Sublots for the City’s public use. safety personnel be present at any Numbers 560 and 565, both inclusive, Whereas, the Cleveland Electric takeoff or landing made under a per- in the Barbor and Lord Subdivision of Illuminating Company (“CEI”) has mit issued pursuant to this chapter, part of Original Brooklyn Township requested the Director of Public Utili- the Director of Public Safety may Lots Number 51, 52, 69 and 70 as shown ties to convey certain easement rights 893 56 The City Record June 10, 2015 in a portion of Permanent Parcel No. Course Number 4: Section 6. That the City acknowl- 114-33-001 at the Cleveland Water Thence South 27°29'17" East along edges, states and affirms, under Sec- Division’s Nottingham Water Treat- said fence line of the Cleveland Pub- tion 8.06 of the Amended and Restated ment Plant located at 1300 Chardon lic Power Electric Substation and the Trust Indenture, effective October 5, Road for underground communica- extension thereof, a distance of 11.43 2001, that the City desires and tion cables; and feet to a 5/8" iron pin set and capped; requests that certain portion of its Whereas, CEI requires the ease- land heretofore subject to the Inden- ment to install an underground con- Course Number 5: ture be released and removed from all duit as part of their larger-scale pro- Thence North 60°55'34" East, a dis- obligations under the Indenture. Fur- ject designed to handle future load tance of 54.63 feet to a 5/8" iron pin set ther, the City acknowledges, state growth for the Cleveland Clinic; and and capped; and affirms that it is not in default Whereas, the easement rights to be under the Indenture and that release granted are not needed for the City’s Course Number 6: of the land is necessary in order to public use; and Thence North 36°00'40" East, a dis- serve the public purpose. Whereas, the book value of the tance of 16.70 feet to point; Section 7. The Director of Public property transferred is less than one Utilities is authorized to apply to U.S. percent (1%) of the total assets of the Course Number 7: Bank, National Association, as Division of Water; and Thence North 86°15'30" East, a dis- trustee, for a land release under the Whereas, this ordinance constitutes tance of 16.44 feet to a 5/8" iron pin set Indenture. an emergency measure providing for and capped; Section 8. That this ordinance is the usual daily operation of a munici- declared to be an emergency measure pal department; now, therefore Course Number 8: and, provided it receives the affirma- Be it ordained by the Council of the Thence North 60°55'34" East, a dis- tive vote of two-thirds of all the mem- City of Cleveland: tance of 99.73 feet to a 5/8" iron pin set bers elected to Council, it shall take Section 1. That, notwithstanding and capped on said Westerly right of effect and be in force immediately and as an exception to the provisions way of Chardon Road; upon its passage and approval by the of Chapters 181 and 183 of the Codi- Mayor; otherwise it shall take effect fied Ordinances of Cleveland, Ohio, Course Number 9: and be in force from and after the ear- 1976, it is found and determined that Thence South 27°05'17" East along liest period allowed by law. an easement interest in the following said Westerly right of way of Passed June 1, 2015. described property is not needed for Chardon Road, a distance of 5.00 feet Effective June 2, 2015. the City’s public use: to the Point of Beginning and con- taining 1,537 Square Feet or 0.0353 Legal Description for Acres of land more or less, as sur- Nottingham Substation Underground veyed and described by Scott J. Casey, Ord. No. 568-15. Communication Cables Right of Way Professional Surveyor Number 8219 By Council Members Cimperman, through land of City of Cleveland on October 26th of 2014 and being sub- K. Johnson, Brancatelli and Kelley Department of Public Utilities ject to all legal highways, easements, (by departmental request). Division of Water – reservations or restrictions of record. An emergency ordinance authoriz- Chardon Road, Cleveland, Ohio Bearings are based on Volume 330, ing the Director of Public Works to Situated in the City of Cleveland, Page 19 of Cuyahoga County Map accept a donation of land from Cuya- County of Cuyahoga and State of Ohio Records. hoga County located on a portion of and known as being part of Original All iron pins set are 5/8" diameter the Lorain Avenue access drive to the Euclid Township Tract Number 14, by 30" long rebar with plastic identi- and to enter into an being part of a tract of land conveyed fication caps reading “Casey Profes- agreement for the donation; or, in the to the City of Cleveland by Resolution sional Services, P.S. 8219”. alternative, authorizing the Commis- recorded in Automatic File Number Based on an actual field survey per- sioner of Purchases and Supplies to 200402130397 of Cuyahoga County formed by: Scott Casey, P.S., Casey purchase the property from Cuyahoga Records and Annexed to the City of Professional Services, LLC, 1159 County. Cleveland by Cleveland Ordinance Holmden Avenue, Cleveland, OH Whereas, Cuyahoga County (the No. 1155-03, passed August 13, 2003 44109 “County”) owns property located on a and Euclid Ordinance No. 169-2003, Section 2. That the Commissioner of portion of the Lorain Avenue access passed September 2, 2003 being fur- Purchases and Supplies is authorized drive to the West Side Market; and ther bounded and described as fol- to convey the above-described ease- Whereas, the County wishes to lows: ment interest to CEI subject to any donate the land on the access drive to Commencing at a mag nail set at conditions stated in this ordinance at the City of Cleveland for purposes of the intersection of the Municipal line a price of $850.00, which is determined making a parking lot improvement at between the City of Euclid and the to be fair market value, and shall be the West Side Market; and City of Cleveland with the centerline deposited in accordance with the Whereas, the requested donation is of Chardon Road (60 feet wide); trust indenture. pending approval by the County thence North 27°05'17" West along Section 3. That the easement shall Council; and said centerline of centerline of be non-exclusive and the purpose of Whereas, if the County Council Chardon Road, a distance of 58.47 feet the easement shall be to implement does not approve the donation, the to a point thereon; thence South CEI’s larger-scale project designed to Director of Public Works is request- 60°55'34" West, a distance of 30.02 handle future load growth for the ing, in the alternative, to purchase the feet to a 5/8" iron pin set and capped Cleveland Clinic. property; and on the Westerly right of way of said Section 4. That the duration of the Whereas, this ordinance constitutes Chardon Road and being the Point of easement shall be perpetual; that the an emergency measure providing for Beginning of the Easement herein easement shall not be assignable the usual daily operation of a munici- described; without the consent of the Director of pal department; now, therefore Public Safety; that the easement shall Be it ordained by the Council of the Course Number 1: require that CEI provide reasonable City of Cleveland: Thence South 60°55'34" West, a dis- insurance, maintain any CEI Section 1. That the Director of Pub- tance of 214.34 feet to a 5/8" iron pin improvements located within the lic Works is authorized to accept, on set and capped; easement; pay any applicable taxes behalf of the City of Cleveland, a and assessments; and shall contain donation of land from the County on a Course Number 2: such other terms and conditions that portion of the Lorain Avenue access Thence North 27°29'17" West, a dis- the Director of Law determines to be drive to the West Side Market, more tance of 17.58 feet to a 5/8" iron pin set necessary to protect and benefit the fully described as follows: and capped on the fence line of the City. Situated in the City of Cleveland, Cleveland Electric Illuminating Elec- Section 5. That the conveyance ref- County of Cuyahoga and State of tric Substation; erenced above shall be made by offi- Ohio: cial deed of easement prepared by the And known as being part of Sublot Course Number 3: Director of Law and executed by the No. 241 in the Willeyville Allotment of Thence North 63°07'25" East along Director of Public Safety on behalf of part of Original Brooklyn Township said fence line of the Cleveland Elec- the City of Cleveland. The Directors Lots Nos. 69 and 70, as shown by plat tric Illuminating Electric Substation, of Public Safety and Law are autho- recorded in Volume 2 of Maps, Page 16 a distance of 30.00 feet to a 5/8" iron rized to execute any other documents, of Cuyahoga County Records, and pin set and capped on the fence line of including without limitation, con- bounded and described as follows: the Cleveland Public Power Electric tracts for right of entry, as may be Beginning at the intersection of the Substation; necessary to effect this ordinance. present Northerly line of Lorain 894 June 10, 2015 The City Record 57

Avenue, 66 feet wide, with the Easter- square feet be the same more or less Director of Public Works is autho- ly line of West 24th Street, 66 feet but subject to all legal highways. rized to execute on behalf of the City wide; thence North 30° 34’ 35” West Section 2. That the Director of Pub- of Cleveland all necessary documents along said Easterly line of West 24th lic Works is authorized to enter into to effect the purposes of this ordi- Street 150 feet to the Southerly line of an Agreement with the County for the nance. Moore Court, N.W.; thence North 59° donation and to execute all docu- Section 5. That all costs of acquir- 30’ 10” East along the Southerly line ments on behalf of the City of Cleve- ing, accepting, and recording the land of Moore Court N.W. 14.734 feet to land necessary to effectuate this ordi- shall be paid from Fund Nos. 20 SF intersection with a proposed turnout; nance. 517, 20 SF 524, 20 SF 532, 20 SF 539, 20 thence Southeasterly along said Section 3. That notwithstanding SF 545, 20 SF 551, 20 SF 553, 20 SF 559, 20 SF 562, 20 SF 566, 20 SF 843, and 20 turnout on a curved line deflecting to and as an exception to the provisions SF 869. the left 103.72 feet; said curve having of Chapter 181 and 183 of the Codified Section 6. That this ordinance is a radius of166.50 feet and the chord of Ordinances of Cleveland, Ohio, 1976, declared to be an emergency measure whose arc bears South 53° 48’ 45” East and as an alternate to Sections 1 and 2 and, provided it receives the affirma- 102.05 feet to a point in the Easterly of this ordinance, the Commissioner tive vote of two-thirds of all the mem- line of said Sublot No. 241; thence of Purchases and Supplies is autho- bers elected to Council, it shall take South 30° 34’ 35” East along the East- rized to purchase the property effect and be in force immediately erly line of Sublot No. 241, 56.48 feet to described above. The consideration to upon its passage and approval by the the present Northerly line of Lorain be paid for the property shall not Mayor; otherwise it shall take effect Avenue, 66 feet wide; thence South 59° exceed fair market value as deter- and be in force from and after the ear- 42’ 10” West along the Northerly line mined by the Board of Control. liest period allowed by law. of Lorain Avenue, 55 feet to the place Section 4. That, as an alternate to Passed June 1, 2015. of beginning, containing about 5820 Sections 1 and 2 of this ordinance, the Effective June 2, 2015.

Ord. No. 569-15. By Council Members K. Johnson and Kelley (by departmental request). An emergency ordinance to amend Sections 1 and 3 of Ordinance No. 752-12, passed June 4, 2012, relating to the pur- chase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, cabs, bodies, and acces- sories, equipment and other aftermarket items, for the various divisions of City government. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Sections 1 and 3 of Ordinance No. 752-12, passed June 4, 2012, are amended to read as follows: Section 1. That the Director of Public Works is authorized to make one or more written standard purchase and writ- ten requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, for the period of requirements of one year, for the necessary items required for the purchase, lease, or lease with option to purchase, var- ious on-road vehicles and off-road equipment, cabs, bodies, and accessories, equipment and other aftermarket items nec- essary to equip the vehicles authorized for their intended purposes, including labor and materials necessary for vehicle rehabilitation, training, and inspections, as needed, in the estimated sum of $6,212,500, to be purchased or procured by the Commissioner of Purchases and Supplies on a unit basis for the various divisions of City government, as described below:

Item Estimated Extended Item Description User Quantity Number Cost Est. Cost

ENTERPRISE FUND

1 Runway Snow Blower Port Control 1 650,000 650,000 2 Runway Broom Head Replacement Port Control 2 85,000 170,000 3 Pickup Trucks Port Control 16 25,000 400,000 4 SUV’s Port Control 4 30,000 120,000 5 K-9 Police Cars Port Control 3 30,000 90,000 6 Electric Passenger Cars Port Control 4 40,000 160,000 7 Small Tow Truck Port Control 1 60,000 60,000

Total: 1,650,000

8 Construction Excavator WPC 1 130,000 130,000 9 40 Ton Trailer for Excavator WPC 1 30,000 30,000 10 Utility Truck WPC 2 60,000 120,000 11 4X4 SUV WPC 1 35,000 35,000 12 *Cab/Chassis w/Sewer Cleaner Body WPC 1 70,000 70,000

* Sewer Cleaner pricing based on Lease Purchase Plan. Six annual payments of $60,000 each year

Total 395,000

13 60 Ft. Bucket Truck CPP 4 235,000 940,000 14 Digger Derrick Trucks CPP 2 210,000 420,000 15 Cable Cart CPP 1 165,000 165,000 16 Chipper CPP 1 60,000 60,000

Total 1,585,000

17 Passenger Car-Mid Size CCA 1 30,000 30,000

Total 30,000

18 Tag Along Air Compressors Water 10 26,000 260,000 19 Van-Cargo Water 11 27,000 297,000 895 58 The City Record June 10, 2015

20 Pickup Truck-Crew Cab Water 4 27,000 108,000 21 Pickup Truck-Full size Water 10 25,000 250,000 22 Van-Cargo Full Size Water 19 26,500 503,500 23 SUV-Compact Water 2 22,000 44,000 24 Cab/Chassis w/Flat Bed Crane Water 2 275,000 550,000 25 Cab/Chassis w/Tandem Dump Water 2 225,000 450,000 26 Off-Road Utility Vehicles Water 6 15,000 90,000

Total 2,552,500

Grand Total 6,212,500

Alternate bids for a period less than one year may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire year. Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, and may enter into one or more contracts with the vendors selected through that cooperative process. Section 2. That existing Sections 1 and 3 of Ordinance No. 752-12, passed June 4, 2012, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed April 20, 2015. Effective April 21, 2015.

Ord. No. 584-15. Section 4. That the costs of the entered into Contract No. PS 2011-272 By Council Members Zone and Kel- requirement contract shall be with EMC Corporation (“EMC”) for ley (by departmental request). charged against the proper appropria- the lease of the Server Area Network An emergency ordinance authoriz- tion accounts and the Director of (SAN) equipment and related data- ing the Director of Public Safety to Finance shall certify the amount of center hardware for the Department apply for and accept a grant from the initial purchase, which purchase, of Public Utilities; and Cuyahoga County, for the FY14 Urban together with all later purchases, Whereas, Ordinance No. 828-11 Area Security Initiative Program; shall be made on order of the Commis- requires further legislation before authorizing one or more requirement sioner of Purchases and Supplies exercising the fourth option to renew and standard contracts for the pur- under a requisition against the con- on this contract; and chase of materials, equipment, sup- tract or contracts certified by the Whereas, this ordinance constitutes plies, and services necessary for the Director of Finance. an emergency measure providing for purchase of equipment, planning, Section 5. That under Section 108(b) the usual daily operation of a munici- training and exercises. of the Charter, the purchases autho- pal department; now, therefore Whereas, this ordinance constitutes rized by this ordinance may be made Be it ordained by the Council of the an emergency measure providing for through cooperative arrangements City of Cleveland: the usual daily operation of a munici- with other governmental agencies. Section 1. That the Director of Pub- pal department; now, therefore The Director of Public Safety may lic Utilities is authorized to exercise Be it ordained by the Council of the sign all documents that are necessary the fourth option to renew Contract City of Cleveland: to make the purchases, and may enter No. PS 2011-272 for an additional year, Section 1. That the Director of Pub- into one or more contracts with the at a cost not to exceed $338,400.00 with lic Safety is authorized to apply for vendors selected through that cooper- EMC for the lease of the Server Area and accept a grant in the approximate ative process. Network (SAN) equipment and relat- amount of $482,500, and any other Section 6. That the Director of Pub- ed datacenter hardware for the funds that become available, from lic Safety shall have the authority to Department of Public Utilities. Cuyahoga County, to conduct the extend the term of the grant. This ordinance constitutes the addi- FY14 Urban Area Security Initiative Section 7. That the cost of the con- tional legislative authority required (“UASI”) Program; that the Director tract or contracts shall be paid from by Ordinance No. 828-11 to exercise is authorized to file all papers and the fund or funds which are credited this option. (RQS 2002, RL 2015-51) execute all documents necessary to the grant proceeds accepted under Section 2. That this ordinance is receive the funds under the grant; and this ordinance. declared to be an emergency measure that the funds are appropriated for Section 8. That this ordinance is and, provided it receives the affirma- the purposes set forth in the grant declared to be an emergency measure tive vote of two-thirds of all the mem- agreement for the grant contained in and, provided it receives the affirma- bers elected to Council, it shall take the file described below. tive vote of two-thirds of all the mem- effect and be in force immediately Section 2. That the agreement for bers elected to Council, it shall take upon its passage and approval by the the grant, File No. 584-15-A, made a effect and be in force immediately Mayor; otherwise it shall take effect part of this ordinance as if fully upon its passage and approval by the and be in force from and after the ear- rewritten, is approved in all respects Mayor; otherwise it shall take effect liest period allowed by law. and shall not be changed without and be in force from and after the ear- Passed June 1, 2015. additional legislative authority. liest period allowed by law. Effective June 2, 2015. Section 3. That the Director of Pub- Passed June 1, 2015. lic Safety is authorized to make one Effective June 2, 2015. or more written standard purchase contracts and written requirement Ord. No. 607-15. contracts under the Charter and the By Council Members Pruitt and Codified Ordinances of Cleveland, Ord. No. 600-15. Kelley (by departmental request). Ohio, 1976, during the grant term, of By Council Members Pruitt and An emergency ordinance authoriz- materials, equipment, supplies, and Kelley (by departmental request). ing the purchase by one or more services needed to implement the pro- An emergency ordinance authoriz- requirement contracts of water gram as described in the file, to be ing the Director of Public Utilities to mains, fire hydrants, service connec- purchased by the Commissioner of exercise the fourth option to renew tions, valves, and appurtenances, Purchases and Supplies on a unit Contract No. PS 2011-272 with EMC including concrete repair, tree lawn basis for the Department of Public Corporation to provide for the lease of restoration, pavement restoration, Safety. Bids shall be taken in a man- the Server Area Network equipment and materials, labor and installation ner that permits an award to be made and related datacenter hardware for if necessary, for the Divisions of for all items as a single contract, or by the Department of Public Utilities. Water, Cleveland Public Power, and separate contract for each or any com- Whereas, under the authority of Water Pollution Control, Department bination of the items as the Board of Ordinance No. 828-11, passed July 20, of Public Utilities, for a period up to Control determines. 2011, the Director of Public Utilities two years. 896 June 10, 2015 The City Record 59

Whereas, this ordinance constitutes Whereas, this ordinance constitutes Ord. No. 621-15. an emergency measure providing for an emergency measure providing for By Council Members Pruitt and the usual daily operation of a munici- the usual daily operation of a munici- Kelley (by departmental request). pal department; now, therefore pal department; now, therefore An emergency ordinance authoriz- Be it ordained by the Council of the Be it ordained by the Council of the ing and approving a contract with City of Cleveland: City of Cleveland: W.A. Chester, LLC. to make the emer- Section 1. That the Director of Pub- Section 1. That, under Section 167 of gency repair to an underground pipe- lic Utilities is authorized to make one the Charter of the City of Cleveland, type transmission cable and related or more written requirement con- this Council determines to make the equipment, for the Division of Cleve- tracts under the Charter and the Codi- public improvement of rehabilitating land Public Power, Department of fied Ordinances of Cleveland, Ohio, the water meter testing laboratory at Public Utilities. 1976, for the requirements for a period the Harvard Yards Facility (the Whereas, an underground leak has up to two years of the necessary items “Improvement”), for the Division of been detected in an underground pipe- of water mains, fire hydrants, service Water, Department of Public Utili- type transmission cable at some point connections, valves, and appurte- ties, by one or more contracts duly let between the Lake Road Substation nances, including concrete repair, to the lowest responsible bidder or and the Division Avenue Substation tree lawn restoration, pavement bidders after competitive bidding for on the Cleveland Public Power restoration, and materials, labor and a gross price for the Improvement. (“CPP”) electric system; and installation if necessary, in the Section 2. That the Director of Pub- Whereas, it is imperative for pur- approximate amount as purchased lic Utilities is authorized to enter into poses of CPP system reliability that during the preceding term, to be pur- one or more contracts for the making the leak be found and repaired imme- chased by the Commissioner of Pur- of the public improvement with the diately, in advance of the peak sum- chases and Supplies on a unit basis lowest responsible bidder or bidders mer season; and for the Divisions of Water, Cleveland after competitive bidding for a gross Whereas, W.A. Chester, LLC. has Public Power, and Water Pollution price for the improvement, provided, been the City’s contractor for this Control, Department of Public Utili- however, that each separate trade type of work for over 15 years and is ties. Bids shall be taken in a manner and each distinct component part of capable of performing this work that permits an award to be made for the improvement may be treated as a immediately at an estimated cost of all items as a single contract, or by separate improvement, and each, or $600,000.00; and separate contract for each or any com- any combination, of the trades or com- Whereas, this ordinance constitutes bination of the items as the Board of ponents may be the subject of a sepa- an emergency measure providing for Control determines. rate contract for a gross price. On the usual daily operation of a munici- Section 2. That the costs of the con- request of the director, the contractor pal department; now, therefore tract or contracts shall be charged shall furnish a correct schedule of Be it ordained by the Council of the City of Cleveland: against the proper appropriation unit prices, including profit and over- head, for all items constituting units Section 1. That this Council autho- accounts and the Director of Finance of the improvement. rizes and approves a contract by and shall certify the amount of any pur- Section 3. That the Director of Pub- between the City of Cleveland and chase under the contract, each of lic Utilities is authorized to apply and W.A. Chester, LLC. on the basis of its which purchases shall be made on pay for permits, licenses, or other letter dated April 24, 2015, in the esti- order of the Commissioner of Pur- authorizations required by any regu- mated amount of $600,000.00 to make chases and Supplies by a delivery latory agency or public authority to the emergency repair to an under- order issued against the contract or permit performance of the work ground leak in CPP’s pipe-type trans- contracts and certified by the Direc- authorized by this ordinance. mission cable between the Lake Road tor of Finance. (RQN 2002, RL 2015-16) Section 4 That the Director of Pub- Substation and the Division Avenue Section 3. That under Section 108(b) lic Utilities is authorized to make one Substation and any related equip- of the Charter, the purchases autho- or more written contracts under the ment. rized by this ordinance may be made Charter and the Codified Ordinances Section 2. That the cost of the con- through cooperative arrangements of Cleveland, Ohio, 1976, for each or tract authorized shall be paid from with other governmental agencies. all of the following items: 1) labor Fund No. 58 SF 001, RQS 2004, RL 2015- The Director of Public Utilities may and materials needed to construct 90. sign all documents that are necessary improvements to upgrade the facility; Section 3. That this ordinance is to make the purchases, and may enter 2) various types of small meter test- declared to be an emergency measure into one or more contracts with the ing equipment needed to convert the and, provided it receives the affirma- vendors selected through that cooper- City’s current volumetric-type testing tive vote of two-thirds of all the mem- ative process. to the current industry standard of bers elected to Council, it shall take Section 4. That this ordinance is gravimetric testing; and 3) mobile effect and be in force immediately declared to be an emergency measure units needed for testing large meters, upon its passage and approval by the and, provided it receives the affirma- to be purchased by the Commissioner Mayor; otherwise it shall take effect tive vote of two-thirds of all the mem- of Purchases and Supplies for a gross and be in force from and after the ear- bers elected to Council, it shall take price, for the Division of Water, liest period allowed by law. effect and be in force immediately Department of Public Utilities. Passed June 1, 2015. upon its passage and approval by the Section 5. That under Section 108(b) Effective June 2, 2015. Mayor; otherwise it shall take effect of the Charter, the purchases autho- and be in force from and after the ear- rized by this ordinance may be made liest period allowed by law. through cooperative arrangements Passed June 1, 2015. with other governmental agencies. Ord. No. 623-15. Effective June 2, 2015. The Director of Public Utilities may By Council Members Pruitt and sign all documents that are necessary Kelley (by departmental request). to make the purchases, and may enter An emergency ordinance authoriz- into one or more contracts with the ing the Directors of Finance and Pub- Ord. No. 611-15. vendors selected through that cooper- lic Utilities to enter into one or more By Council Members Pruitt and ative process. contracts with Constellation Energy Kelley (by departmental request). Section 6. That the cost of the pur- Services, Inc. for electric aggregation An emergency ordinance determin- chases, Improvement, and other services and power supply for resi- ing the method of making the public expenditures authorized in this ordi- dential and small commercial cus- improvement of rehabilitating the nance shall not exceed $600,000 and tomers and with Empower Gas & small meter testing lab at the Har- shall be paid from Fund No. 52 SF 001, Electric for energy efficiency, conser- vard Yard Facility; and authorizing RQS 2002, RL 2015-1. vation, and renewable energy pro- the Director of Public Utilities to Section 7. That this ordinance is gram services for a period of 24 enter into one or more public improve- declared to be an emergency measure months, beginning August 2015. ment contracts for the making of the and, provided it receives the affirma- Whereas, Ohio state law allows a improvement; and authorizing the tive vote of two-thirds of all the mem- municipality to create an electric purchase by one or more contracts of bers elected to Council, it shall take aggregation program through which labor and materials needed to effect and be in force immediately the municipality negotiates a bulk upgrade the facility, and for various upon its passage and approval by the discount from electric generation sup- types of testing equipment, including Mayor; otherwise it shall take effect pliers to provide electricity to the mobile units, for the Division of and be in force from and after the ear- municipality’s residential and small Water, Department of Public Utili- liest period allowed by law. commercial customers; and ties, and maintenance on all equip- Passed June 1, 2015. Whereas, Section 129.331 of the Cod- ment, for a period of two-years. Effective June 2, 2015. ified Ordinances of Cleveland, Ohio, 897 60 The City Record June 10, 2015

1976, authorizes the Director of Public Mayor; otherwise it shall take effect Section 2. That the cost of said con- Utilities to enter into contracts with and be in force from and after the ear- tract shall be in an amount not to electric aggregation suppliers with liest period allowed by law. exceed $5,000 and shall be paid from the approval of City Council; and Passed June 1, 2015. Fund No. 10 SF 177. Whereas, the City desires to inte- Effective June 2, 2015. Section 3. That the Director of Law grate a residential energy efficiency, shall prepare and approve said con- conservation, and renewable energy tract and that the contract shall con- program services into the aggrega- tain such terms and provisions as he tion program; and Ord. No. 633-15. deems necessary to protect the City’s Whereas, the City solicited propos- By Council Member Cimperman. interest. als from aggregation service An emergency ordinance authoriz- Section 4. That this ordinance is providers and energy efficiency pro- ing Caroline Dengel to engage in hereby declared to be an emergency gram developers to create and man- mobile peddling in Ward 3. measure and, provided it receives the age a 24-month electric aggregation Whereas, pursuant to Section 675.08 affirmative vote of two-thirds of all program and to offer energy efficien- of the Codified Ordinances of Cleve- the members elected to Council, it cy program services; and land, Ohio, 1976, the consent of Coun- shall take effect and be in force imme- Whereas, Constellation Energy Ser- cil, expressed by ordinance is a pre- diately upon its passage and approval vices, Inc. (“Constellation”) submit- requisite to temporary sidewalk ped- by the Mayor; otherwise it shall take ted a proposal dated April 9, 2015, to dling upon the public rights of way effect and be in force from and after create and manage an electric aggre- outside of the Central Business Dis- the earliest period allowed by law. gation program that includes dis- trict; and Passed June 1, 2015. counted rates for customers and vari- Whereas, this Council has consid- Effective June 2, 2015. ous energy efficiency and sustain- ered the requests of certain persons to ability services; and engage in peddling outside of the Whereas, Empower Gas & Electric Central Business District and has (“Empower”) submitted a proposal determined that it is in the public Ord. No. 659-15. dated April 9, 2015, to develop and interest to allow each of said persons By Council Members Cleveland and implement an energy efficiency, con- to engage in peddling in Ward 3; and Brancatelli. servation, and renewable energy pro- Whereas, this ordinance constitutes An emergency ordinance amending gram services; and an emergency measure providing for Section 1 of Ordinance No. 461-15 Whereas, on the basis of the propos- the usual daily operation of a munici- passed April 20, 2015 as it pertains to als submitted, the City has deter- pal department; now, therefore the Broadway School of Music and mined that the proposals submitted Be it ordained by the Council of the Arts Program through the use of by Constellation and Empower best City of Cleveland: Wards 5 and 12 Casino Revenue suit the needs of Cleveland’s resi- Section 1. That, pursuant to Section Funds. dents and small businesses; and 675.08 of the Codified Ordinances, this Whereas, this ordinance constitutes Whereas, this ordinance constitutes Council hereby consents to allow Car- an emergency measure providing for an emergency measure providing for oline Dengel to engage in mobile ped- the usual daily operation of a munici- the usual daily operation of a munici- dling in the public right of way in pal department; now, therefore pal department; now, therefore Ward 3. Be it ordained by the Council of the Be it ordained by the Council of the Section 2. That all of the require- City of Cleveland: City of Cleveland: ments of Chapter 675 of the Codified Section 1. That Section 1 of Ordi- Ordinances shall apply to the persons nance No. 461-15 passed April 20, 2015 Section 1. That the Directors of named in Section 1 of this ordinance. is hereby amended to read as follows: Finance and Public Utilities are Section 3. That the privilege grant- Section 1. That the Director of the authorized to enter into a contract ed herein may be revoked at any time Department of Community Develop- with Constellation Energy Services, by this Council. ment is hereby authorized to enter Inc. to create and manage an electric Section 4. That this ordinance is into agreement effective February 1, aggregation program on the basis of hereby declared to be an emergency 2015 with Broadway School of Music & its proposal, referenced above, for a measure and, provided it receives the the Arts for the Community Arts price not to exceed $0.07 per kilowatt affirmative vote of two-thirds of all Instruction and Enrichment Program hour of energy supplied. The term of the members elected to Council, it for the public purpose of providing the program shall begin with the shall take effect and be in force imme- art and music instruction to youth August 2015 meter read dates and con- diately upon its passage and approval residing in the city of Cleveland tinue for a period of 24 months with by the Mayor; otherwise it shall take through the use of Ward(s) 5 and 12 an option exercisable by the Directors effect and be in force from and after Casino Revenue Funds. to extend the program by one month if the earliest period allowed by law. Section 2. That Section 1 of Ordi- necessary to avoid a gap between the Passed June 1, 2015. nance No. 461-15 passed April 20, 2015 end of the program and any successor Effective June 2, 2015. is hereby repealed. The cost of said program. An administrative fee not to contract shall be in an amount not to exceed $0.0001 may be included in the exceed $45,000 and shall be paid from charges billed to customers. Fund No. 10 SF 177. Section 2. That the Directors of Ord. No. 658-15. Section 3. That this ordinance is Finance and Public Utilities are By Council Member Cummins. hereby declared to be an emergency authorized to enter into a contract An emergency ordinance authoriz- measure and, provided it receives the with Empower Gas & Electric to ing the Director of the Department of affirmative vote of two-thirds of all develop and implement an energy Economic Development to enter into the members elected to Council, it efficiency, conservation, and renew- an agreement with Aldo Dure or shall take effect and be in force imme- able energy program services on the designee for the Be Next Awning & diately upon its passage and approval basis of its proposal referenced Graphics, Inc 50/50 Project through by the Mayor; otherwise it shall take above. The program may be funded the use of Ward 14 Neighborhood Cap- effect and be in force from and after by a charge on customer bills in an ital Funds. the earliest period allowed by law. amount not to exceed $0.0002 per kilo- Whereas, this ordinance constitutes Passed June 1, 2015. watt hour. The term of the program an emergency measure providing for Effective June 2, 2015. shall be for the same duration as the the usual daily operation of a munici- term of the electric aggregation pro- pal department; now, therefore gram. Be it ordained by the Council of the Section 3. That the contract or con- City of Cleveland: Ord. No. 660-15. tracts authorized by this ordinance Section 1. That the Director of the By Council Member Cummins. shall contain such terms and condi- Department of the Department of Eco- An emergency ordinance authoriz- tions as the Director of Law deems nomic Development is authorized to ing the Director of the Department of necessary to benefit and protect the enter into an agreement with Aldo Economic Development to enter into City and the customers of the electric Dure or designee for the Be Next an agreement with Virginia Gonzalez aggregation program. Awning & Graphics 50/50 Project or her designee for the Virginia’s Section 4. That this ordinance is located at 5109 Clark Avenue Ave, Beauty & Barber Shop 50/50 Project declared to be an emergency measure Cleveland, Ohio 44102 for the public through the use of Ward 14 Neighbor- and, provided it receives the affirma- purpose of exterior improvements for hood Capital Funds. tive vote of two-thirds of all the mem- local business resulting in new job Whereas, this ordinance constitutes bers elected to Council, it shall take creation for Cleveland residents an emergency measure providing for effect and be in force immediately through the use of Ward 14 Neighbor- the usual daily operation of a munici- upon its passage and approval by the hood Capital Funds. pal department; now, therefore 898 June 10, 2015 The City Record 61

Be it ordained by the Council of the Ord. No. 662-15. Cleveland shall be fully indemnified City of Cleveland: By Council Member Cleveland. from any and all liability resulting Section 1. That the Director of the An emergency ordinance authoriz- from the issuance of the same, to the Department of the Department of Eco- ing Clyde Johnson to engage in extent and in form satisfactory to the nomic Development is authorized to mobile peddling in Ward 5. Director of Law. enter into an agreement with Vir- Whereas, pursuant to Section 675.08 Section 2. That this ordinance is ginia Gonzales or her designee for the of the Codified Ordinances of Cleve- hereby declared to be an emergency Virginia’s Beauty & Barber Shop land, Ohio, 1976, the consent of Coun- measure and, provided it receives the 50/50 Project located at 2804 Clark cil, expressed by ordinance is a pre- affirmative vote of two-thirds of all Avenue Ave, Cleveland, Ohio 44109 for requisite to temporary sidewalk ped- the members elected to Council, it the public purpose of exterior dling upon the public rights of way shall take effect and be in force imme- improvements for local area business- outside of the Central Business Dis- diately upon its passage and approval es resulting in new job creation for trict; and by the Mayor; otherwise, it shall take Cleveland residents through the use Whereas, this Council has consid- effect and be in force from and after of Ward 14 Neighborhood Capital ered the requests of certain persons to the earliest period allowed by law. Funds. engage in peddling outside of the Passed June 1, 2015. Section 2. That the cost of said con- Central Business District and has Effective June 2, 2015. tract shall be in an amount not to determined that it is in the public exceed $5,000 and shall be paid from interest to allow each of said persons Fund No. 10 SF 177. to engage in peddling in Ward 5, and Section 3. That the Director of Law Whereas, this ordinance constitutes Ord. No. 674-15. shall prepare and approve said con- an emergency measure providing for By Council Members Cimperman, tract and that the contract shall con- the usual daily operation of a munici- Cleveland, Mitchell and Conwell. tain such terms and provisions as he pal department; now, therefore An emergency ordinance consent- deems necessary to protect the City’s Be it ordained by the Council of the ing and approving the issuance of a interest. City of Cleveland: permit for the Second Sole Half Section 4. That this ordinance is Section 1. That, pursuant to Section Marathon on August 23, 2015, spon- hereby declared to be an emergency 675.08 of the Codified Ordinances, this sored by Second Sole Mentor. measure and, provided it receives the Council hereby consents to allow Whereas, this ordinance constitutes affirmative vote of two-thirds of all Clyde Johnson to engage in mobile an emergency measure providing for the members elected to Council, it peddling in the public right of way in the usual daily operation of a munici- shall take effect and be in force imme- Ward 5 pal department; now, therefore diately upon its passage and approval Section 2. That all of the require- Be it ordained by the Council of the by the Mayor; otherwise it shall take ments of Chapter 675 of the Codified City of Cleveland: effect and be in force from and after Ordinances shall apply to the persons Section 1. That pursuant to Section the earliest period allowed by law. named in Section 1 of this ordinance. 411.06 of the Codified Ordinances of Passed June 1, 2015. Section 3. That the privilege grant- Cleveland, Ohio 1976, this Council con- Effective June 2, 2015. ed herein may be revoked at any time sents to and approves the holding of by this Council. Second Sole Half Marathon on August Section 4. That this ordinance is 23, 2015, start: Erieside Avenue and hereby declared to be an emergency East 9th Street; Erieside west to West Ord. No. 661-15. measure and, provided it receives the 3rd Street; West 3rd south to Lakeside affirmative vote of two-thirds of all By Council Member Pruitt. Avenue; Lakeside east to East 18th the members elected to Council, it Street; East 18th south to Carnegie An emergency ordinance authoriz- shall take effect and be in force imme- Avenue; Carnegie east to Stokes ing the Director of the Department of diately upon its passage and approval Boulevard; Stokes Boulevard north to Public Health to enter into agreement by the Mayor; otherwise it shall take Martin Luther King, Jr. Boulevard; with the Life Exchange Center for the effect and be in force from and after Martin Luther King, Jr. Boulevard Dual Diagnosis Recovery Support the earliest period allowed by law. north to North Marginal Road into Group Program through the use of Passed June 1, 2015. Metroparks Lakefront Park/Gordon Ward 1 Casino Revenue Funds. Effective June 2, 2015. park; Lakefront Park walkway west Whereas, this ordinance constitutes across fishing bridge to North Mar- an emergency measure providing for ginal; North Marginal west to East the usual daily operation of a munici- 9th Street; East 9th north to Voinovich pal department; now, therefore Ord. No. 673-15. Park—Finish Line; provided that the Be it ordained by the Council of the By Council Member Cimperman. applicant sponsor shall meet all the City of Cleveland: An emergency ordinance consent- requirements of Section 411.05 of the Section 1. That the Director of the ing and approving the issuance of a Codified Ordinances of Cleveland, Department of Public Health is autho- permit for the Bernie Shuffle on Octo- Ohio, 1976. Streets may be closed as rized to enter into an agreement with ber 10, 2015, sponsored by Cerulean determined by the Chief of Police and the Life Exchange Center for the Sports Group. safety forces as may be necessary in Dual Diagnosis Recovery Support Whereas, this ordinance constitutes order to protect the participants in the Group Program for the public purpose an emergency measure providing for event. Said permit shall further pro- of providing mental health support the usual daily operation of a munici- vide that the City of Cleveland shall services and drug addiction counsel- pal department; now, therefore be fully indemnified from any and all ing to city of Cleveland residents who Be it ordained by the Council of the liability resulting from the issuance have mental illness and drug addic- City of Cleveland: of the same, to the extent and in form tion through the use of Ward 1 Casino Section 1. That pursuant to Section satisfactory to the Director of Law. Revenue Funds. 411.06 of the Codified Ordinances of Section 2. That this ordinance is Section 2. That the cost of said con- Cleveland, Ohio 1976, this Council con- hereby declared to be an emergency tract shall be in an amount not to sents to and approves the holding of measure and, provided it receives the exceed $10,000 and shall be paid from the Bernie Shuffle on October 10, 2015, affirmative vote of two-thirds of all Fund No. 10 SF 188. start: Voinovich Park; East 9th Street the members elected to Council, it Section 3. That the Director of Law south to Lakeside Avenue; Lakeside shall take effect and be in force imme- shall prepare and approve said con- east to East 18th Street; East 18th diately upon its passage and approval tract and that the contract shall con- south to St. Clair Avenue; St. Clair by the Mayor; otherwise, it shall take tain such terms and provisions as he west to West 6th Street West 6th effect and be in force from and after deems necessary to protect the City’s north to Lakeside Avenue; Lakeside the earliest period allowed by law. interest. east to West 3rd Street; West 3rd Passed June 1, 2015. Section 4. That this ordinance is north to Erieside Avenue; Erieside Effective June 2, 2015. hereby declared to be an emergency east to East 9th Street; East 9th north measure and, provided it receives the to Voinovich Park—finish line; pro- affirmative vote of two-thirds of all vided that the applicant sponsor shall the members elected to Council, it meet all the requirements of Section Ord. No. 675-15. shall take effect and be in force imme- 411.05 of the Codified Ordinances of By Council Members Cimperman diately upon its passage and approval Cleveland, Ohio, 1976. Streets may be and Zone. by the Mayor; otherwise it shall take closed as determined by the Chief of An emergency ordinance consent- effect and be in force from and after Police and safety forces as may be ing and approving the issuance of a the earliest period allowed by law. necessary in order to protect the par- permit for the Pedal with Purpose Passed June 1, 2015. ticipants in the event. Said permit Cycling on September 5, 2015, spon- Effective June 2, 2015. shall further provide that the City of sored by St. Malachi Center. 899 62 The City Record June 10, 2015

Whereas, this ordinance constitutes Street; West 65th south to Lorain shall take effect and be in force imme- an emergency measure providing for Avenue; Lorain east to West 25th diately upon its passage and approval the usual daily operation of a munici- Street; West 25th north to 1859 West by the Mayor; otherwise, it shall take pal department; now, therefore 25th Street – finish line; provided that effect and be in force from and after Be it ordained by the Council of the the applicant sponsor shall meet all the earliest period allowed by law. City of Cleveland: the requirements of Section 411.05 of Passed June 1, 2015. Section 1. That pursuant to Section the Codified Ordinances of Cleveland, Effective June 2, 2015. 411.06 of the Codified Ordinances of Ohio, 1976. Streets may be closed as Cleveland, Ohio 1976, this Council con- determined by the Chief of Police and COUNCIL COMMITTEE sents to and approves the holding of safety forces as may be necessary in the Pedal with Purpose Cycling on order to protect the participants in the MEETINGS September 5, 2015, start: Washington event. Said permit shall further pro- Avenue and West 24th Street; Wash- vide that the City of Cleveland shall Monday June 8, 2015 ington west to West 25th Street; West be fully indemnified from any and all 9:00 a.m. 25th south to Detroit Avenue; Detroit liability resulting from the issuance west to West 65th Street; West 65th of the same, to the extent and in form Committee of the Whole: Present: north to Father Caruso Drive; Father satisfactory to the Director of Law. Kelley, Chair; Brady, Brancatelli, Caruso Drive west to West 70th Section 2. That this ordinance is Cimperman, Cleveland, Conwell, Street; West 70th south to Detroit hereby declared to be an emergency Cummins, Dow, J. Johnson, Kazy, Avenue; west on Detroit to West 74th measure and, provided it receives the Keane, Mitchell, Polensek, Pruitt, Street; south on West 74th to Madison affirmative vote of two-thirds of all Reed, Zone. Authorized Absence: K. Avenue; Madison east to West 65th the members elected to Council, it Johnson.

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

Aging Department

Amend Ord. No. 334-15 — Senior Lawn Care Program — grass cutting and lawn maintenance (Ward 01 CRF) (O 716-15) ...... 852 Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs — expend CDBG funds (O 480-15) ...... 884 Western Reserve Area Agency on Aging Programs, 2016-17 — Western Reserve Area Agency on Aging — Supportive Services and Aging and Disability Resource Center Programs — Grant (O 639-15) ...... 860

Agreements

21st Century Workshop Project — providing theatre education and training on live arts - Cleveland Public Theatre — Community Development (Ward 03 and 15 CRF) (O 721-15) ...... 853 Amend Contract No. 44522 — NOAH Midtown II Limited Partnership — rehabilitation of low income rental units located at Prospect Ave., 3147 and East 40 St., 2029 — Rental Rehabilitation Loan agreement — Community Development Department (O 636-15) ...... 860 Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc. — agreement — Community Development (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Amend Ord. No. 334-15 — Senior Lawn Care Program — grass cutting and lawn maintenance (Ward 01 CRF) (O 716-15) ...... 852 Amend Ord. No. 461-15 — Broadway School of Music and Arts Program — providing art and music instruction to youth residing in the city of Cleveland (Ward 05, 12 CRF) (O 659-15) ...... 898 Amend Ord. No. 559-15 — Mt. Pleasant Historical Markers Project — provide public art with historical content — Mt. Pleasant NOW Development Corporation — Community Development — Health Department (Ward 2 CRF) (O 720-15) ...... 853 Be Next Awning & Graphics, Inc. 50/50 Project — job creation — Aldo Dure — Economic Development Department (Ward 14 NCF) (O 658-15) ...... 898 Big Gig West 25th Street Project — high speed broadband internet access to businesses and residents in Ward 14 — OneCommunity — Economic Development (Ward 14 CRF) (O 723-15) ...... 853 Cleveland Industrial Retention Initiative (CIRI) administrative expenses — Economic development assistance — WIRE-NET (O 648-15) ...... 860 Collinwood Observer Project — providing a community newspaper promoting community, residential and economic opportunities to residents — Northeast Shores Development Corp. — Community Development (Ward 08 CRF) (O 722-15)...... 853 Cuyahoga County — donation of property — West Side Market (O 568-15)...... 894 East 59th St. and Euclid Ave. — option to purchase agreement — Hemingway Development , LLC — agreement — Midtown Health Campus (Ward 07) (O 405-15) ...... 859 East 59th St. and Euclid Ave. — acquire and reconvey — University Hospitals Health System, Inc. — Midtown Health Campus (Ward 07) (O 404-15) ...... 858 Economic Development — multi-party agreements with Port of Cleveland, Cuyahoga County, Ohio EPA, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15)...... 842 Economic Development Department — contracts — MAGNET and NASA for the Adopt-A-City III Initiative program (O 650-15)...... 861 900 June 10, 2015 The City Record 63

Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission - assist in operations (O 649-15) ...... 861 Jaworski Building Project — eliminating slum and blight and creating new jobs — Slavic Village Development — Economic Development (Ward 12 CRF) (O 728-15) ...... 854 Kinsman Tree Pits Beautification Program — eliminating slum and blight in Cleveland neighborhoods — Mount Pleasant NOW Development Corporation — Community Development Department (Ward 02 CRF) (O 714-15) ...... 852 League Park Softball Program — providing recreational softball activities — Catholic Charities Corporation dba Fatima Family Center — Works Department (Ward 07 CRF) (O 718-15) ...... 852 Life Exchange Center for the Dual Diagnosis Recovery Support Group Program — providing mental health support services and drug addiction counseling to Cleveland residents — Health Department (Ward 01 CRF) (O 661-15)...... 899 Madison Avenue Pocket Park Project — Detroit Shoreway Community Development Organization — Community Development Department (Ward 15 CRF) (O 752-15) ...... 857 Midtown Health Campus — East 59th St. and Euclid Ave, — Hemingway Development, LLC — Economic Development — Tax Increment Financing (Ward 07) (O 406-15) ...... 859 Near West Recreation Youth Program — providing organized recreational activities to Cleveland youth — Ohio City Incorporated — Works Department (Ward 03 CRF) (O 731-15) ...... 855 Northeast Ohio Regional Sewer District — Green Infrastructure Grants (GIG) — grant — Economic Development (O 442-15) ...... 883 Operation Standup for the I-Rise Program — providing after-school education to at-risk youth — Community Development (Ward 08 CRF) (O 729-15) ...... 855 Patriots Youth Sports Football Recreation Program — providing organized youth recreational activities — Pierre Nappier Jr. Foundation — Works Department (Ward 07 CRF) (O 719-15) ...... 853 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 Stockyards Initiative Program — providing housing rehabilitation services to vacant homes — Greater Cleveland Habitat for Humanity — Community Development (Ward 14 CRF) (O 724-15) ...... 854 Subordination agreements with 668 Atrium LLC for Atrium Office Plaza complex project (O 608-15) ...... 859 Thea Bowman Rehabilitation Project — providing physical building improvements — Thea Bowman Center — agreement — Community Development (Ward 02 CRF) (O 725-15)...... 854 Vacant Property Survey Project — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — Community Development (Ward 12 and 13 CRF) (O 730-15) ...... 855 Virginia’s Beauty & Barber Shop 50/50 Project — job creation — Virginia Gonzalez — Economic Development Department (Ward 14 NCF) (O 660-15) ...... 898 Works Department — property adoption agreement for the expansion of Jimmy Bivens Park with Snavely Property Company LLC (Ward 03) (O 703-15) ...... 843 Youth Basketball Program — providing organized recreational sports activities — E.M.S. Rams Youth Football Development Group, Inc., — Works Department (Ward 07 CRF) (O 717-15) ...... 852

AIDS

AIDS-related services — HIV/ AIDS prevention services — various agencies — Community Development Department (O 481-15) ...... 884 AIDS-related services — HOPWA Grant — various agencies — Community Development Department — Health Department (O 482-15) ...... 884

Appreciation

McCreight, Rev. James H. “Jaime” (R 749-15) ...... 841

Appropriations

Project Clean Program — appropriate CDBG funds — Community Development Department — Works Department (O 486-15) ...... 885 Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs — expend CDBG funds — Aging Department (O 480-15)...... 884

Assessment Equalization Board

Appointing an assessment equalization board for Gordon Square Arts District continuation, assessment (Ward 15) (R 663-15) ...... 861

Banners

Glenville Festival Committee — various location — June 12th to July 11th — Glenville Heritage Festival — City Planning Commission (Ward(s) 09,10) (O 732-15) ...... 855 901 64 The City Record June 10, 2015

Banners

Human Resources to allow employees to add their same-sex domestic partner and partner’s children to their benefits plan immediately upon registration with the Domestic Partner Registry- amend Section 171.65 (O 753-15) ...... 850

Board of Control — Cleveland Hopkins International Airport Division

Design services for Cleveland Airport System Signage Program, Phase I — first modify Contract #PS2014*121 per BOC Res. 363-13 — Dept. of Port Control (BOC Res. 210-15) ...... 863

Board of Control — Cleveland Public Power Division

Fence installation maintenance and/or repair — per Ord. 567-13 — all bids rejected — Dept. of Public Utilities (BOC Res. 208-15) ...... 863 Paint poles and other streetside elements — per C.O. Sec. 181.101 to Kastra, LLC. — Dept. of Public Utilities (BOC Res. 207-15) ...... 863

Board of Control — Community Development Department

Detroit Avenue, 8421 (Ward 15) — PPN 002-20-013 — lease — Mariah Hayden (BOC Res. 215-15) ...... 864 East 91st Street and Crane Avenue (Ward 6) — PPN’s 133-22-036/048/049 — amend BOC Res. 55-15 from Idethel Evans-Gaines and Carl Kirby-Gaines to Idethel Evans-Gaines, Trustee of The Idethel K. Evans-Gaines Revocable Living Trust and Renee Kirby, Trustee of the Kirby-Gaines Family Revocable Living Trust (BOC Res. 214-15) ...... 864

Board of Control — Finance Department

Commercial, medical and specialty gases — per C.O. Sec. 181.101 to Airgas Inc. (BOC Res. 199-15)...... 862

Board of Control — Land Reutilization Program

Detroit Avenue, 8421 (Ward 15) — PPN 002-20-013 — lease — Mariah Hayden (BOC Res. 215-15) ...... 864 East 91st Street and Crane Avenue (Ward 6) — PPN’s 133-22-036/048/049 — amend BOC Res. 55-15 from Idethel Evans-Gaines and Carl Kirby-Gaines to Idethel Evans-Gaines, Trustee of The Idethel K. Evans-Gaines Revocable Living Trust and Renee Kirby, Trustee of the Kirby-Gaines Family Revocable Living Trust (BOC Res. 214-15) ...... 864

Board of Control — Motor Vehicle Maintenance Division

Fire apparatus parts and labor — per C.O. Sec. 131.64 — all bids rejected — Dept. of Public Works (BOC Res. 213-15) ...... 864 Hydraulic hoses, fittings, etc. — per C.O. Sec. 131.64 — all bids rejected — Dept. of Public Works (BOC Res. 212-15) ...... 864

Board of Control — Port Control Department

Design services for Cleveland Airport System Signage Program, Phase I — first modify Contract #PS2014*121 per BOC Res. 363-13 — Division of Cleveland Hopkins International Airport (BOC Res. 210-15) ...... 863 Installation of carpeting and tile — per C.O. Sec. 181.101(a)(2) to Architectural Floors of Cleveland, Inc. (BOC Res. 211-15) ...... 864

Board of Control — Professional Service Contracts

Design services for Cleveland Airport System Signage Program, Phase I — first modify Contract #PS2014*121 per BOC Res. 363-13 — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 210-15)...... 863

Board of Control — Public Improvement Contracts

2015-A Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp. — Division of Water, Dept. of Public Utilities (BOC Res. 203-15) ...... 862 2015-B Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp — Division of Water, Dept. of Public Utilities (BOC Res. 202-15) ...... 862 2015-C Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Terrace Construction Company, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 204-15) ...... 863 Fence installation maintenance and/or repair — per Ord. 567-13 — all bids rejected — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 208-15) ...... 863 Rehabilitating and relining sewers — per C.O. Sec. 129.292 — all bids rejected — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 205-15) ...... 863 902 June 10, 2015 The City Record 65

Board of Control — Public Utilities Department

2015-A Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp. — Division of Water (BOC Res. 203-15) ...... 862 2015-B Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp — Division of Water (BOC Res. 202-15) ...... 862 2015-C Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Terrace Construction Company, Inc. — Division of Water (BOC Res. 204-15) ...... 863 Electronic security systems — per Ord. 1340-13 to Paladin Protective Systems, Inc. (BOC Res. 201-15) ...... 862 Fence installation maintenance and/or repair — per Ord. 567-13 — all bids rejected — Division of Cleveland Public Power (BOC Res. 208-15) ...... 863 Material handling equipment; industrial trucks, sweepers and scrubbers, aerial lifts, tractors — consent to Burns Industrial Equipment acquisition of Ohio Material Handling — Contract #RC2013-95 per BOC Res. 415-13 (BOC Res. 200-15)...... 862 Paint poles and other streetside elements — per C.O. Sec. 181.101 to Kastra, LLC. — Division of Cleveland Public Power (BOC Res. 207-15) ...... 863 Rehabilitating and relining sewers — per C.O. Sec. 129.292 — all bids rejected — Division of Water Pollution Control (BOC Res. 205-15) ...... 863 Repair and maintenance of plate trucks — per C.O. Sec. 181.101 to Smith Truck Cranes & Equipment Co., Inc. — Division of Water Pollution Control (BOC Res. 206-15) ...... 863 Repair and maintenance of television inspection equipment trucks — per C.O. Sec. 181.101 — all bids rejected — Division of Water Pollution Control (BOC Res. 209-15) ...... 863

Board of Control — Public Works Department

Fire apparatus parts and labor — per C.O. Sec. 131.64 — all bids rejected — Division of Motor Vehicle Maintenance (BOC Res. 213-15) ...... 864 Hydraulic hoses, fittings, etc. — per C.O. Sec. 131.64 — all bids rejected — Division of Motor Vehicle Maintenance (BOC Res. 212-15) ...... 864

Board of Control — Requirement Contracts

Commercial, medical and specialty gases — per C.O. Sec. 181.101 to Airgas Inc. — Dept. of Finance (BOC Res. 199-15) ...... 862 Electronic security systems — per Ord. 1340-13 to Paladin Protective Systems, Inc. — Dept. of Public Utilities (BOC Res. 201-15) ...... 862 Fire apparatus parts and labor — per C.O. Sec. 131.64 — all bids rejected — Division of Motor Vehicle Maintenance, Dept. of Public Works (BOC Res. 213-15) ...... 864 Hydraulic hoses, fittings, etc. — per C.O. Sec. 131.64 — all bids rejected — Division of Motor Vehicle Maintenance, Dept. of Public Works (BOC Res. 212-15) ...... 864 Installation of carpeting and tile — per C.O. Sec. 181.101(a)(2) to Architectural Floors of Cleveland, Inc. — Dept. of Port Control (BOC Res. 211-15) ...... 864 Material handling equipment; industrial trucks, sweepers and scrubbers, aerial lifts, tractors — consent to Burns Industrial Equipment acquisition of Ohio Material Handling — Contract #RC2013-95 per BOC Res. 415-13 — Dept. of Public Utilities (BOC Res. 200-15) ...... 862 Paint poles and other streetside elements — per C.O. Sec. 181.101 to Kastra, LLC. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 207-15) ...... 863 Repair and maintenance of plate trucks — per C.O. Sec. 181.101 to Smith Truck Cranes & Equipment Co., Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 206-15) ...... 863 Repair and maintenance of television inspection equipment trucks — per C.O. Sec. 181.101 — all bids rejected — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 209-15) ...... 863

Board of Control — Water Division

2015-A Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp. — Dept. of Public Utilities (BOC Res. 203-15) ...... 862 2015-B Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Utilicon Corp — Dept. of Public Utilities (BOC Res. 202-15) ...... 862 2015-C Cleaning, cement mortar or structural lining and replacement of distribution water mains — per Ord. 1105-13 to Terrace Construction Company, Inc. — Dept. of Public Utilities (BOC Res. 204-15) ...... 863

Board of Control — Water Pollution Control Division

Rehabilitating and relining sewers — per C.O. Sec. 129.292 — all bids rejected — Dept. of Public Utilities (BOC Res. 205-15) ...... 863 Repair and maintenance of plate trucks — per C.O. Sec. 181.101 to Smith Truck Cranes & Equipment Co., Inc. — Dept. of Public Utilities (BOC Res. 206-15) ...... 863 Repair and maintenance of television inspection equipment trucks — per C.O. Sec. 181.101 — all bids rejected — Dept. of Public Utilities (BOC Res. 209-15) ...... 863 903 66 The City Record June 10, 2015

Board of Zoning Appeals — Report

Bellaire Road, 12728 (Ward 11) — Misin Cristiana, owner — appeal postponed to 7/6/15 on 6/8/15 (Cal. 15-108)...... 866 Broadway Avenue, 5806 (Ward 12) — 5806 Broadway Properties, LLC, owner — appeal postponed to 7/13/15 on 6/8/15 (Cal. 15-104) ...... 866 East 55th Street, 2167 (Ward 5) — Abeco-Ayad, Inc., owner — appeal heard on 6/8/15 (Cal. 15-105) ...... 865 Euclid Avenue, 5209 (Ward 7) — Community Action Against Addiction, owner — appeal heard on 6/8/15 (Cal. 15-107) ...... 865 Gramatan Avenue, 14317 (Ward 17) — Diana Galdamez, owner — appeal reinstated on 6/8/15 (Cal. 15-102) ...... 866 Lakefront Walk, 8 (Ward 8) — Vincent and Susan Degeorge, owners — appeal withdrawn on 6/8/15 (Cal. 15-61)...... 866 Lorain Avenue, 12815 (Ward 11) — Fred Assad, owner, and Khalil Ewais, tenant — appeal heard on 6/8/15 (Cal. 15-103) ...... 865 Mayfield Road, 11601 (Ward 6) — University Circle Housing Inc., owner — appeal affirmed on 6/8/15 (Cal. 14-206) ...... 866 Myrtle Avenue, 16408 (Ward 1) — Michelle Payne, owner — appeal granted and adopted on 6/8/15 (Cal. 15-78)...... 866 Saint Clair Avenue, 6202 (Ward 7) — St. Martin de Porres High School, owner — appeal granted and adopted on 6/8/15 (Cal. 15-54) ...... 866 St. Clair Avenue, 9915 (Ward 10) — Inter City Investors Inc., owner — appeal granted and adopted on 6/8/15 (Cal. 15-38) ...... 866 West 18th Street, 2150 (Ward 3) — Carolyn Bentely, owner — appeal heard on 6/8/15 (Cal. 15-63)...... 865 West 26th Street, 2058 (Ward 3) — LFM Real Estate, owner — appeal affirmed on 6/8/15 (Cal. 14-72)...... 866 West 26th Street, 2060 (Ward 3) — LFM Real Estate, owner — appeal affirmed on 6/8/15 (Cal. 14-73)...... 866 West 38th Street, 1827 (Ward 3) — Andrew Pierson, owner — appeal granted and adopted on 6/8/15 (Cal. 15-36)...... 866 West 47th Street, 3047 (Ward 3) — Christopher Flynn, owner — appeal heard on 6/8/15 (Cal. 15-57)...... 865 West 47th Street, 3051 (Ward 3) — Christopher Flynn, owner — appeal heard on 6/8/15 (Cal. 15-58)...... 865

Board of Zoning Appeals — Schedule

East 13th Street, 2424 a.k.a. 1245 Webster Avenue (Ward 3) — Harvey J. Schach, owner — appeal to be heard on 6/29/15 (Cal. 15-100) ...... 865 East 200th Street, 876-886 (Ward 8) — Paul Smolic, owner — appeal to be heard on 6/29/15 (Cal. 15-123) ...... 865 East 88th Street, 809 (Ward 10) — Garden View Townhouses LLC, owner — appeal to be heard on 6/29/15 (Cal. 15-122) ...... 865 Gardner Court, 1260 a.k.a. 1245 Webster Avenue (Ward 3) — Progressive Property North, LP, owner — appeal to be heard on 6/29/15 (Cal. 15-125) ...... 865 Lorain Avenue, 11901 (Ward 11) — 4300 West 130 LLC, owner — appeal to be heard on 6/29/15 (Cal. 15-115)...... 865 Lorain Avenue, 11901 (Ward 11) — Kabob Station — appeal to be heard on 6/29/15 (Cal. 15-106) ...... 865 Murray Hill Road, 2055 (Ward 6) — Nicholas Vaccariello, owner — appeal to be heard on 6/29/15 (Cal. 15-124)...... 865

Budget

Tax Budget, 2016 — adopt and declare — Budget Commission of Cuyahoga County — Cuyahoga County Executive — Finance Department (R 634-15) ...... 861

Budget Commission

Tax Budget, 2016 — adopt and declare — Budget Commission of Cuyahoga County — Cuyahoga County Executive — Finance Department (R 634-15) ...... 861

Burke Lakefront Airport

Deicing chemicals — FAA-approved — Burke Lakefront Airport Division — Cleveland Hopkins International Airport Division (O 580-15) ...... 859

Capital Projects

Amend Ord. 1351-14 — Downtown Area (CP01, CP12, CP13, CP 14) — encroach into right -of-way — 4 way-finding signs and electric duct banks — Positively Cleveland — The Convention & Visitors Bureau of Greater Cleveland, Inc. (Ward 03) (O 401-15) ...... 878 904 June 10, 2015 The City Record 67

Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 Color Run — June 20th — Tenable Event Services (Ward 03) (O 738-15) ...... 856 East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — City Planning Commission (Ward 09) (O 530-15) ...... 892 East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) (Ward 02) (O 516-15) ...... 885 East 117th St. (50.00 Feet Wide) (formerly Luceil Street) — vacate a portion — City Planning Commission (Ward 06) (O 705-15) ...... 845 East 43rd St. (between Quincy Ave. and Case Ct.) — and honorary and secondary name of Judge Sara J. Harper Way — City Planning Commission (Ward 05) (O 671-15) ...... 861 East 4th St., and East 6th St. — intention to vacate a portion — City Planning Commission (Ward 03) (R 354-15) ...... 867 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) (O 525-15) ...... 890 Eddy Rd. (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) (Ward 08) (O 517-15) ...... 887 Eugene Pl. — intention to vacate a portion — City Planning Commission (Ward 03) (R 408-15)...... 868 Father Caruso Dr., N.W., West 73rd St., and West 74th St. — vacate a portion — City Planning Commission (Ward 15) (O 706-15) ...... 845 Glenville Festival Committee — various location — June 12th to July 11th — Glenville Heritage Festival — Banners — City Planning Commission (Ward(s) 09,10) (O 732-15) ...... 855 Grovewood Ave. / Lakeshore Blvd. — secondary and honorary designation — Stephen Halton, Jr. Way — City Planning Commission (Ward 08) (O 561-15)...... 892 Halloween Run — October 31st. — Hermes Sports & Events, Inc. (Ward 03) (O 734-15)...... 856 Harvard Ave. (East 116th St. to Lee Rd.) resurfacing — consent — cause payment — Ohio Department of Transportation (ODOT) (Ward 01) (O 622-15) ...... 860 Leonard Street N.W. — intention to vacate a portion — City Planning Commission (Ward 03) (R 528-15) ...... 868 Logan Court, N.E. — vacate a portion — City Planning Commission (Ward 07) (O 707-15)...... 846 Pavement Management Program — Survey City Streets — collect and input data — professional services (O 523-15) ...... 890 Public Square — encroach into right-of-way — maintaining various utility facilities, lines, conduits and streetscape elements — various private utilities and private entities (Ward 03) (O 352-15) ...... 873 Santa Shuffle — December 12th — Hermes Sports & Events, Inc. (Ward 03) (O 735-15)...... 856 Sorg Court, N.E. — vacate a portion — City Planning Commission (Ward 10) (O 708-15) ...... 846 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) (O 518-15) ...... 888 St. Rocco 5K Run, 2015 — September 5th — St. Rocco Festival Committee (Ward 14) (O 736-15) ...... 856 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855 Triangle Park — Intersections of Lakeshore Blvd., East 174th St., Nottingham Rd. — change name to “Veteran’s Park” (Ward 08) (O 355-15) ...... 873 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Ohio Department of Transportation (ODOT) (Ward 17) (O 520-15) ...... 889 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) (O 519-15) ...... 889 West 24th St. — intention to vacate a portion — City Planning Commission (Ward 03) (R 248-15)...... 867 West 59th St. — vacate a portion — City Planning Commission (Ward 15) (O 385-15) ...... 874 West 74th St. — vacate a portion — City Planning Commission (Ward 15) (O 709-15) ...... 847 Yale Ave. — secondary and honorary name of Anna Harris Way — City Planning Commission (Ward(s) 09, 10) (O 698-15) ...... 841

City Council

Print and mailing services (O 670-15) ...... 861

City of Cleveland Bids

2015 City Wards of Cleveland Public Improvements Requirements Construction Contract (Re-bid) — Office of Capital Projects — Division of Engineering and Construction — per Ord. 1325-14 — bid due June 19, 2015 (advertised 6/3/2015 and 6/10/2015) ...... 867 Chrysler Dodge and Jeep Passenger Car, Light and Medium Duty Parts and Labor — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 131.64 — bid due June 18, 2015 (advertised 6/3/2015 and 6/10/2015) ...... 866 Labor and Materials Necessary for Painting and Paint Removal on Roadways, Runways and other Paved Surfaces — Department of Port Control — per Ord. 269-15 — bid due July 2, 2015 (advertised 6/10/2015 and 6/17/2015) ...... 867 Purchase of John Deere Parts and Labor (Re-bid) — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 181.101 — bid due June 19, 2015 (advertised 6/3/2015 and 6/10/2015) ...... 867 Purchase of Traffic Paint and Related Materials — Department of Public Works — Division of Motor Vehicle Maintenance — per C.O. Sec. 181.101 — bid due July 2, 2015 (advertised 6/10/2015 and 6/17/2015)...... 867 905 68 The City Record June 10, 2015

Purchase of Wood Poles, Crossarms and Accessories (Re-bid) — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due July 1, 2015 (advertised 6/3/2015 and 6/10/2015) ...... 867 Wire Cable and Accessories — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due July 2, 2015 (advertised 6/10/2015 and 6/17/2015)...... 867

City Planning Commission

Approving the continuation of the Gordon Square Arts District (SID) — New plan for public services; provide cleaning and maintenance of the public rights-of-way, additional security and collective marketing for the District (Ward 15) (R 578-15) ...... 868 Approving the expansion of the Downtown Cleveland Improvement District (SID) (R 699-15)...... 851 Clark Ave. (between W. 56th St. and W. 41st St.) — establish Pedestrian Retail Overlay (PRO) District (Ward(s) 14 and 15) (O 1434-13) ...... 871 East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office (Ward 09) (O 530-15) ...... 892 East 117th St. (50.00 Feet Wide) (formerly Luceil Street) — vacate a portion — Capital Projects Office (Ward 06) (O 705-15) ...... 845 East 43rd St. (between Quincy Ave. and Case Ct.) — and honorary and secondary name of Judge Sara J. Harper Way — Capital Projects Office (Ward 05) (O 671-15) ...... 861 East 4th St., and East 6th St. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 354-15) ...... 867 Eugene Pl. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 408-15) ...... 868 Father Caruso Dr., N.W., West 73rd St., and West 74th St. — vacate a portion — Capital Projects Office (Ward 15) (O 706-15) ...... 845 Grovewood Ave. / Lakeshore Blvd. — secondary and honorary designation — Stephen Halton, Jr. Way — Capital Projects Office (Ward 08) (O 561-15) ...... 892 Lake Ave.(west of) Clifton Blvd. — change Use and Area Districts (Ward 15) (O 998-14) ...... 872 Lake Avenue north of Franklin Ave. (between W. 75th St. and W. 85th St.) — change Use District (Ward 15) (O 398-15) ...... 875 Leisy Brewery Bottling Works Building — Vega Ave., 3506 and Fulton Rd., 2746 to 2758 - designate as landmark — Landmarks Commission (Ward 03) (O 712-15) ...... 848 Leonard Street N.W. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 528-15) ...... 868 Logan Court, N.E. — vacate a portion — Capital Projects Office (Ward 07) (O 707-15) ...... 846 Resolution of necessity for the Downtown Cleveland Improvement District as a Special Improvement District (SID) (R 700-15) ...... 851 Scottish Garden — repeal Section 559.234 — Lebanese Cultural Garden — enact Section 559.234, 559.247 — Works Department (O 407-15) ...... 882 Sorg Court, N.E. — vacate a portion — Capital Projects Office (Ward 10) (O 708-15) ...... 846 Terminate 1991 North Coast Harbor Community Development Plan 2 (O 527-15) ...... 892 Triangle Park — Intersections of Lakeshore Blvd., East 174th St., Nottingham Rd. — change name to “Veteran’s Park” — Capital Projects Office (Ward 08) (O 355-15)...... 873 West 24th St. — intention to vacate a portion — Capital Projects Office (Ward 03) (R 248-15) ...... 867 West 59th St. — vacate a portion — Capital Projects Office (Ward 15) (O 385-15) ...... 874 West 74th St. — vacate a portion — Capital Projects Office (Ward 15) (O 709-15) ...... 847 Yale Ave. — secondary and honorary name of Anna Harris Way — Capital Projects Office (Ward(s) 09, 10) (O 698-15) ...... 841

Clerk Of Council

Print and mailing services — City Council (O 670-15) ...... 861

Cleveland Clinic Foundation

Fire Station No. 10 — East 101st St., 1935 — deed of easement — Safety Department (O 526-15)...... 891

Cleveland Electric Illuminating Company (CEI)

Deeds of easements — Cleveland Water Division Nottingham Water Treatment Plant — Chardon Rd., 1300 — underground communication lines — Utilities Department (O 566-15) ...... 893

Cleveland Hopkins International Airport (CHIA)

Deicing chemicals — FAA-approved — Burke Lakefront Airport Division (O 580-15) ...... 859 Removal, reconfiguring, relocating, and constructing several taxiways — public improvement contracts (O 653-15) ...... 861

Cleveland Metropolitan Park District

Amend Lease Agreement with Metroparks for Rivergate Park — Works Department (O 609-15) ...... 860 906 June 10, 2015 The City Record 69

Cleveland Public Power (CPP)

Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 Electrical test equipment — maintain or repair various types — Utilities Department (O 655-15) ...... 861 Substation test equipment — switchgear, circuit breakers, batteries, fiber optic splicing — Utilities Department (O 656-15) ...... 861 W.A. Chester, LLC. — contract — emergency repair to an underground pipe-type transmission cable and related equipment — Utilities Department (O 621-15) ...... 897 Water mains, fire hydrants, service connections repair — concrete and tree lawn repair — Water Division (O 607-15)...... 896

Codified Ordinances

Establishment of Policy with Respect to Biased-Based Profiling — enact Section 135.042 (O 750-15) ...... 850 Expansion of the Waterloo Community Entertainment District — amend Section 699A.011 (Ward 08) (O 620-15) ...... 860 Helicopters — enact Sections 489.01 to 489.06, 489.99 — Safety Department (O 564-15) ...... 892 Human Resources to allow employees to add their same-sex domestic partner and partner’s children to their benefits plan immediately upon registration with the Domestic Partner Registry- amend Section 171.65 (O 753-15) ...... 850 Prohibit sale of cigarettes, tobacco products and alternative nicotine products, including electronic cigarettes to children / young adults under 21 yrs. old — amend Section 607.15 (O 737-15) ...... 848 Scottish Garden — repeal Section 559.234 — Lebanese Cultural Garden — enact Section 559.234, 559.247 — City Planning Commission — Works Department (O 407-15) ...... 882

Collective Bargaining Agreements

Cleveland Fire Fighters, Local 93 (Airport Safety Supervisors) — approve collective bargaining agreement — Section 29 — amend Ord. 323-15 — Finance Department — Human Resources Department (O 644-15) ...... 860

Community Development

21st Century Workshop Project — providing theatre education and training on live arts - Cleveland Public Theatre — agreement (Ward 03 and 15 CRF) (O 721-15) ...... 853 AIDS-related services — HIV/ AIDS prevention services — various agencies (O 481-15) ...... 884 AIDS-related services — HOPWA Grant — various agencies — Health Department (O 482-15)...... 884 Amend Contract No. 44522 — NOAH Midtown II Limited Partnership — rehabilitation of low income rental units located at Prospect Ave., 3147 and East 40 St., 2029 — Rental Rehabilitation Loan agreement (O 636-15) ...... 860 Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc. — agreement (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Amend Ord. No. 461-15 — Broadway School of Music and Arts Program — providing art and music instruction to youth residing in the city of Cleveland (Ward 05, 12 CRF) (O 659-15) ...... 898 Amend Ord. No. 559-15 — Mt. Pleasant Historical Markers Project — provide public art with historical content — Mt. Pleasant NOW Development Corporation — agreement — Health Department (Ward 2 CRF) (O 720-15) ...... 853 Collinwood Observer Project — providing a community newspaper promoting community, residential and economic opportunities to residents — Northeast Shores Development Corp. — agreement (Ward 08 CRF) (O 722-15) ...... 853 Housing, commercial, industrial and real estate development — various agencies (O 475-15) ...... 883 Kinsman Tree Pits Beautification Program — eliminating slum and blight in Cleveland neighborhoods — Mount Pleasant NOW Development Corporation — agreement (Ward 02 CRF) (O 714-15) ...... 852 Loan Servicing System to replace the Knowledge Man (K-Man) system — professional services — contracts (O 603-15) ...... 859 Madison Avenue Pocket Park Project — Detroit Shoreway Community Development Organization — agreement (Ward 15 CRF) (O 752-15)...... 857 May Dugan Multi-Service Center — Bridge Ave., 4115 — PPN: 003-35-029 — lease — The Near West Side Multi-Service Corporation (Ward 03) (O 565-15) ...... 893 Operation Standup for the I-Rise Program — providing after-school education to at-risk youth — agreement (Ward 08 CRF) (O 729-15) ...... 855 Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs — expend CDBG funds — Aging Department (O 480-15)...... 884 Social Service Programs — various agencies — lease gym — East 150th St., 822 — Greater New Calvary Baptist Church — Works Department (O 485-15)...... 885 Stockyards Initiative Program — providing housing rehabilitation services to vacant homes — Greater Cleveland Habitat for Humanity — agreement (Ward 14 CRF) (O 724-15) ...... 854 Subordination agreements with 668 Atrium LLC for Atrium Office Plaza complex project (O 608-15) ...... 859 Terminate 1991 North Coast Harbor Community Development Plan 2 (O 527-15) ...... 892 907 70 The City Record June 10, 2015

Thea Bowman Rehabilitation Project — providing physical building improvements — Thea Bowman Center — agreement (Ward 02 CRF) (O 725-15) ...... 854 Vacant Property Survey Project — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — agreement (Ward 12 and 13 CRF) (O 730-15) ...... 855

Community Development Block Grant Program

AIDS-related services — HOPWA Grant — various agencies — Community Development Department — Health Department (O 482-15) ...... 884 Housing, commercial, industrial and real estate development — various agencies — Community Development Department (O 475-15) ...... 883 Project Clean Program — appropriate CDBG funds — Community Development Department — Works Department (O 486-15) ...... 885 Senior Homeowners Assistance Program (SHAP), CHORE, and Homeless Services Programs — expend CDBG funds — Aging Department (O 480-15)...... 884

Condolences

Lee, Gloria (R 744-15)...... 841 Roche, Anna “Nancy” (nee McCafferty) (R 754-15) ...... 841

Congratulations

Busta, William (R 745-15) ...... 841 Hutchen, Sr., Rev. Jermaine N. (R 746-15) ...... 841 Karamu House — 100th Anniversary (R 747-15) ...... 841

Contracts

2015 IT Capital Strategic Plan — computer software developers, or vendors — professional services — Finance Department (O 702-15)...... 842 21st Century Workshop Project — providing theatre education and training on live arts - Cleveland Public Theatre — agreement — Community Development (Ward 03 and 15 CRF) (O 721-15) ...... 853 Administer City’s employee assistance program — Centers for Families and Children — renew Contract No. CT 0402 PS 2013-252 (O 647-15)...... 860 Air Quality Division operation — financial assistance — Air Quality Division — Grants - Ohio Environmental Protection Agency (Ohio EPA) (O 563-15)...... 859 Amend Contract No. 44522 — NOAH Midtown II Limited Partnership — rehabilitation of low income rental units located at Prospect Ave., 3147 and East 40 St., 2029 — Rental Rehabilitation Loan agreement — Community Development Department (O 636-15) ...... 860 Amend Ord. No. 334-15 — Senior Lawn Care Program — grass cutting and lawn maintenance (Ward 01 CRF) (O 716-15) ...... 852 Amend Ord. No. 461-15 — Broadway School of Music and Arts Program — providing art and music instruction to youth residing in the city of Cleveland (Ward 05, 12 CRF) (O 659-15) ...... 898 Amend Ord. No. 559-15 — Mt. Pleasant Historical Markers Project — provide public art with historical content — Mt. Pleasant NOW Development Corporation — agreement — Community Development — Health Department (Ward 2 CRF) (O 720-15) ...... 853 Amend Ord. No. 832-14 — Webtech Wireless Inc. dba InterFleet, Inc. — automated vehicle locator system — Finance Department (O 710-15) ...... 847 Ameribridge LLC — amend Contract No. RC 2015-54 — Port Control Department (O 637-15) ...... 860 Be Next Awning & Graphics, Inc. 50/50 Project — job creation — Aldo Dure — agreement - Economic Development Department (Ward 14 NCF) (O 658-15) ...... 898 Big Gig West 25th Street Project — high speed broadband internet access to businesses and residents in Ward 14 — OneCommunity — agreement — Economic Development (Ward 14 CRF) (O 723-15) ...... 853 Cleveland Browns Stadium Company LLC — renew Lease Agreement No. CT 3001 LS 2014-19 — surface parking and staging special event programming on Docks 28B, 30, and 32 (O 713-15)...... 852 Cleveland Youth Summer Employment Program — administer, implement and manage — renew Contract No.PS 2012-145 — Youth Opportunities Unlimited, Inc. — Port Control Department (O 583-15)...... 859 Collinwood Observer Project — providing a community newspaper promoting community, residential and economic opportunities to residents — Northeast Shores Development Corp. — agreement — Community Development (Ward 08 CRF) (O 722-15) ...... 853 Colony Hardware Corporation, dba Phillips Contractor Supply, LLC — renew contract Nos. MA 1505 RC 2013-96 and MA 1505 RC 2014-71 -repair pumps, saws, small engines, and air tools — Water Division — Utilities Department (O 443-15) ...... 883 Constellation Energy Services, Inc. for electric aggregation services and power supply — Empower Gas & Electric for energy program services — Finance Department — Utilities Department (O 623-15) ...... 897 Cuyahoga County — agreement — donation of property — West Side Market (O 568-15) ...... 894 Deicing chemicals — FAA-approved — Burke Lakefront Airport Division — Cleveland Hopkins International Airport Division (O 580-15) ...... 859 908 June 10, 2015 The City Record 71

Design Primary Road fare and domestic water line improvements — amend Contract No. PS 2015-14 with Glaus, Pyle, Schomer, Burns and Dehaven — professional services - amend Ord. No. 744-13 (O 585-15) ...... 859 Detroit Shoreway Community Development Organization — amend Contract No. 67924 — Promissory Note — Capital Theatre renovation (Ward 15) (O 652-15) ...... 861 Doors, overhead — renew Contract No. RC 2013-9 — Advance Door Company (O 711-15) ...... 848 Economic Development — forgivable loan contracts with One Source Technology LLC and/or Asurint for Superior Ave., 1111 (VPI) (Ward 03) (O 704-15) ...... 844 Economic Development Department — MAGNET and NASA for the Adopt-A-City III Initiative program (O 650-15)...... 861 Electrical test equipment — maintain or repair various types — Utilities Department (O 655-15) ...... 861 Emergency Communications Network — provide web-based mass notification service for residents, employees, visitors, and emergency response personnel — Safety Department (O 645-15) ...... 860 Football programs — Cleveland Municipal Football Association — Works Department (O 382-15) ...... 858 Harvard Ave. (East 116th St. to Lee Rd.) resurfacing — consent — cause payment — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 01) (O 622-15) ...... 860 Harvard Yard Facility — upgrade lab facility and purchase testing equipment — Water Division — Utilities Department (O 611-15) ...... 897 Housing, commercial, industrial and real estate development — various agencies — Community Development Department (O 475-15) ...... 883 Kinsman Tree Pits Beautification Program — eliminating slum and blight in Cleveland neighborhoods — Mount Pleasant NOW Development Corporation — agreement — Community Development Department (Ward 02 CRF) (O 714-15) ...... 852 League Park Softball Program — providing recreational softball activities — Catholic Charities Corporation dba Fatima Family Center — agreement — Works Department (Ward 07 CRF) (O 718-15) ...... 852 Life Exchange Center for the Dual Diagnosis Recovery Support Group Program — providing mental health support services and drug addiction counseling to Cleveland residents — agreement — Health Department (Ward 01 CRF) (O 661-15) ...... 899 Loan Servicing System to replace the Knowledge Man (K-Man) system — professional services — Community Development Department (O 603-15) ...... 859 Madison Avenue Pocket Park Project — Detroit Shoreway Community Development Organization — agreement — Community Development Department (Ward 15 CRF) (O 752-15) ...... 857 Mill Creek Falls Park Enhancement Project — Hershey Foundation of Ohio — Grant — public improvement — Works Department (O 282-15) ...... 872 Motorola Solutions, Inc. — professional service — video surveillance cameras in Ward 09 and citywide (O 493-15) ...... 885 Near West Recreation Youth Program — providing organized recreational activities to Cleveland youth — Ohio City Incorporated — agreement — Works Department (Ward 03 CRF) (O 731-15) ...... 855 Operation Standup for the I-Rise Program — providing after-school education to at-risk youth — Community Development — agreement (Ward 08 CRF) (O 729-15) ...... 855 Patriots Youth Sports Football Recreation Program — providing organized youth recreational activities — Pierre Nappier Jr. Foundation — agreement — Works Department (Ward 07 CRF) (O 719-15) ...... 853 Pavement Management Program — Survey City Streets — collect and input data — professional services — Capital Projects Office (O 523-15)...... 890 Port Control Department — professional services — lease agreement — signatory airlines and related services (O 606-15) ...... 859 Removal, reconfiguring, relocating, and constructing several taxiways — public improvement — Cleveland Hopkins International Airport (O 653-15) ...... 861 Rental of heavy-duty equipment, snow removal equipment and equipment operators — various divisions — Port Control Department (O 579-15) ...... 859 Repairing and maintaining runways, taxiways, ramps, roads, and other concrete surfaces — various divisions — public improvement — Port Control Department (O 582-15) ...... 859 SANS equipment and datacenter hardware — renew Contract No. PS 2011-272 — EMC Corp. — Utilities Department (O 600-15) ...... 896 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 Social Service Programs — various agencies — lease gym — East 150th St., 822 — Greater New Calvary Baptist Church — Community Development — Works Department (O 485-15) ...... 885 Stockyards Initiative Program — providing housing rehabilitation services to vacant homes — Greater Cleveland Habitat for Humanity — agreement — Community Development (Ward 14 CRF) (O 724-15) ...... 854 Substation test equipment — switchgear, circuit breakers, batteries, fiber optic splicing — CPP — Utilities Department (O 656-15) ...... 861 Thea Bowman Rehabilitation Project — providing physical building improvements — Thea Bowman Center — agreement — Community Development (Ward 02 CRF) (O 725-15)...... 854 Vacant Property Survey Project — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — agreement — Community Development (Ward 12 and 13 CRF) (O 730-15) ...... 855 Vehicles and off-road equipment — amend Ord. No. 752-12 — Motor Vehicles Maintenance Division — Works Department (O 569-15)...... 895 909 72 The City Record June 10, 2015

Virginia’s Beauty & Barber Shop 50/50 Project — job creation — Virginia Gonzalez - agreement — Economic Development Department (Ward 14 NCF) (O 660-15) ...... 898 W.A. Chester, LLC. — emergency repair to an underground pipe-type transmission cable and related equipment — CPP — Utilities Department (O 621-15) ...... 897 Water mains, fire hydrants, service connections repair — concrete and tree lawn repair — Water Division (O 607-15)...... 896 Works Department — property adoption agreement for the expansion of Jimmy Bivens Park with Snavely Property Company LLC (Ward 03) (O 703-15) ...... 843 Youth Basketball Program — providing organized recreational sports activities — E.M.S. Rams Youth Football Development Group, Inc., — agreement — Works Department (Ward 07 CRF) (O 717-15) ...... 852

Cuyahoga County

Agreement — donation of property — West Side Market (O 568-15)...... 894 Economic Development — multi-party agreements with Port of Cleveland, Ohio EPA, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15) ...... 842 Emergency Communications Network — contracts — provide web-based mass notification service for residents, employees, visitors, and emergency response personnel — Safety Department (O 645-15)...... 860 Urban Area Security Initiative (UASI) Program (FY 14) — Grants — Safety Department (O 584-15) ...... 896

Detroit Shoreway Community Development Organization

Amend Contract No. 67924 — Promissory Note — Capital Theatre renovation (Ward 15) (O 652-15) ...... 861 Madison Avenue Pocket Park Project — agreement — Community Development Department (Ward 15 CRF) (O 752-15) ...... 857

Easements

Cleveland Electric Illuminating Company — Cleveland Water Division Nottingham Water Treatment Plant — Chardon Rd., 1300 — underground communication lines — Utilities Department (O 566-15)...... 893 Fire Station No. 10 — East 101st St., 1935 — Cleveland Clinic Foundation — Safety Department (O 526-15)...... 891

Economic Development Department

Be Next Awning & Graphics, Inc. 50/50 Project — job creation — Aldo Dure — agreement (Ward 14 NCF) (O 658-15)...... 898 Big Gig West 25th Street Project — high speed broadband internet access to businesses and residents in Ward 14 — OneCommunity — agreement (Ward 14 CRF) (O 723-15) ...... 853 Cleveland Industrial Retention Initiative (CIRI) administrative expenses — Economic development assistance — WIRE-NET (O 648-15) ...... 860 Contracts — MAGNET and NASA for the Adopt-A-City III Initiative program (O 650-15) ...... 861 Detroit Shoreway Community Development Organization — amend Contract No. 67924 — Promissory Note — Capital Theatre renovation (Ward 15) (O 652-15) ...... 861 East 59th St. and Euclid Ave. — option to purchase agreement — Hemingway Development , LLC — agreement — Midtown Health Campus (Ward 07) (O 405-15) ...... 859 East 59th St. and Euclid Ave. — acquire and reconvey — University Hospitals Health System, Inc. — Midtown Health Campus (Ward 07) (O 404-15) ...... 858 Forgivable Loan contracts with One Source Technology LLC and/or Asurint for Superior Ave., 1111 (VPI) (Ward 03) (O 704-15) ...... 844 Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission - assist in operations (O 649-15) ...... 861 Jaworski Building Project — eliminating slum and blight and creating new jobs — Slavic Village Development — agreement (Ward 12 CRF) (O 728-15) ...... 854 Midtown Health Campus — East 59th St. and Euclid Ave, — Hemingway Development, LLC — Tax Increment Financing Agreement (Ward 07) (O 406-15) ...... 859 Multi-party agreements with Port of Cleveland, Cuyahoga County, Ohio EPA, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15) ...... 842 Northeast Ohio Regional Sewer District — Green Infrastructure Grants (GIG) — grant agreement (O 442-15) ...... 883 Virginia’s Beauty & Barber Shop 50/50 Project — job creation — Virginia Gonzalez - agreement (Ward 14 NCF) (O 660-15)...... 898

Encroachments

Amend Ord. 1351-14 — Downtown Area (CP01, CP12, CP13, CP 14) — right -of-way — 4 way- finding signs and electric duct banks — Positively Cleveland — The Convention & Visitors Bureau of Greater Cleveland, Inc. (Ward 03) (O 401-15) ...... 878 Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — right -of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 910 June 10, 2015 The City Record 73

Public Square — right-of-way — maintaining various utility facilities, lines, conduits and streetscape elements — various private utilities and private entities — Capital Projects Office (Ward 03) (O 352-15) ...... 873

Environmental Protection Agency (EPA)

Economic Development — multi-party agreements with Port of Cleveland, Cuyahoga County, Ohio EPA, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15)...... 842

Fees

Helicopters — enact Sections 489.01 to 489.06, 489.99 — Safety Department (O 564-15) ...... 892

Finance Department

2015 IT Capital Strategic Plan — computer software developers, or vendors — professional services contract (O 702-15) ...... 842 Amend Ord. No. 832-14 — Webtech Wireless Inc. dba InterFleet, Inc. — contracts — automated vehicle locator system (O 710-15) ...... 847 Cleveland Fire Fighters, Local 93 (Airport Safety Supervisors) — approve collective bargaining agreement — Section 29 — amend Ord. 323-15 — Human Resources Department (O 644-15) ...... 860 Constellation Energy Services, Inc. for electric aggregation services and power supply — Empower Gas & Electric for energy program services — contracts — Utilities Department (O 623-15)...... 897 Doors, overhead — renew Contract No. RC 2013-9 — Advance Door Company (O 711-15) ...... 848 Salary and wage schedules — amend Section(s) 18,39 (S.E.M.E., Local 1) — amend Ord. 491-15, as amended — Human Resources Department (O 638-15) ...... 860 Tax Budget, 2016 — adopt and declare — Budget Commission of Cuyahoga County — Cuyahoga County Executive (R 634-15) ...... 861

Grants

Air Quality Division operation — financial assistance — Air Quality Division — Ohio Environmental Protection Agency (Ohio EPA) (O 563-15) ...... 859 Cleveland Industrial Retention Initiative (CIRI) administrative expenses — Economic development assistance — WIRE-NET (O 648-15) ...... 860 Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission - assist in operations (O 649-15) ...... 861 Mill Creek Falls Park Enhancement Project — Hershey Foundation of Ohio — public improvement contract — Works Department (O 282-15) ...... 872 Northeast Ohio Regional Sewer District — Green Infrastructure Grants (GIG) — agreement — Economic Development (O 442-15) ...... 883 Port Security Grant Program (FY 14) — U.S. Department of Homeland Security — Safety Department (O 641-15)...... 860 Urban Area Security Initiative (UASI) Program (FY 14) — Cuyahoga County — Safety Department (O 584-15)...... 896 Western Reserve Area Agency on Aging Programs, 2016-17 — Western Reserve Area Agency on Aging — Supportive Services and Aging and Disability Resource Center Programs (O 639-15) ...... 860

Health Centers

Neighborhood Health Care Inc. dba Neighborhood Family Practice to provide medical services at Tremont Health Center (O 437-15) ...... 882

Health Department

AIDS-related services — HIV/ AIDS prevention services — various agencies — Community Development Department (O 481-15) ...... 884 AIDS-related services — HOPWA Grant — various agencies — Community Development Department (O 482-15)...... 884 Air Quality Division operation — financial assistance — Air Quality Division — Grants - Ohio Environmental Protection Agency (Ohio EPA) (O 563-15)...... 859 Life Exchange Center for the Dual Diagnosis Recovery Support Group Program — providing mental health support services and drug addiction counseling to Cleveland residents — agreement (Ward 01 CRF) (O 661-15) ...... 899 Neighborhood Health Care Inc. dba Neighborhood Family Practice to provide medical services at Tremont Health Center (O 437-15) ...... 882 Prohibit sale of cigarettes, tobacco products and alternative nicotine products, including electronic cigarettes to children / young adults under 21 yrs. old — amend Section 607.15 (O 737-15) ...... 848 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement (Ward(s) 03, 05, 06, 09 CRF) (O 751-15)...... 856 911 74 The City Record June 10, 2015

Housing And Urban Development (HUD)

Midtown Health Campus — East 59th St. and Euclid Ave, — Hemingway Development, LLC — Economic Development — Tax Increment Financing Agreement (Ward 07) (O 406-15) ...... 859

Human Resources Department

Administer City’s employee assistance program — Centers for Families and Children — renew Contract No. CT 0402 PS 2013-252 (O 647-15)...... 860 Cleveland Fire Fighters, Local 93 (Airport Safety Supervisors) — approve collective bargaining agreement — Section 29 — amend Ord. 323-15 — Finance Department (O 644-15) ...... 860 Human Resources to allow employees to add their same-sex domestic partner and partner’s children to their benefits plan immediately upon registration with the Domestic Partner Registry- amend Section 171.65 (O 753-15) ...... 850 Salary and wage schedules — amend Section(s) 18,39 (S.E.M.E., Local 1) — amend Ord. 491-15, as amended — Finance Department (O 638-15) ...... 860

Landmark Commission

Leisy Brewery Bottling Works Building — Vega Ave., 3506 and Fulton Rd., 2746 to 2758 - designate as landmark — City Planning Commission (Ward 03) (O 712-15) ...... 848

Lease Agreement

Amend Lease Agreement with Metroparks for Rivergate Park — Works Department (O 609-15) ...... 860 Cleveland Browns Stadium Company LLC — renew Lease Agreement No. CT 3001 LS 2014-19 — surface parking and staging special event programming on Docks 28B, 30, and 32 (O 713-15)...... 852 Port Control Department — professional services — contracts — signatory airlines and related services (O 606-15) ...... 859

Lease By Way Of Concession

Neighborhood Health Care Inc. dba Neighborhood Family Practice to provide medical services at Tremont Health Center (O 437-15) ...... 882

Leases

May Dugan Multi-Service Center — Bridge Ave., 4115 — PPN: 003-35-029 — The Near West Side Multi-Service Corporation — Community Development Department (Ward 03) (O 565-15)...... 893 SANS equipment and datacenter hardware — renew Contract No. PS 2011-272 — EMC Corp. — Utilities Department (O 600-15) ...... 896 Willard Park — The Refugee Response — urban garden — assist refugees to develop work skills leading to their employment — Works Department (O 384-15) ...... 874

Liquor Permits

Broadview Rd., 4852 — objection to transfer of ownership (Ward 13) (R 630-15) ...... 869 Clark Ave., 4322 — objection to transfer of ownership (Ward 03) (R 742-15) ...... 858 East 12th St., 1810 — new application (Ward 03) (F 726-15)...... 841 East 135th St., 3218 (1st. fl.) — objection to transfer of ownership (Ward 04) (R 631-15)...... 870 Euclid Ave., 11440 — new application (Ward 06) (F 739-15) ...... 841 Euclid Ave., 16417-19 — withdraw objection to transfer of ownership — repeal Res. 1532-14 (Ward 10) (R 672-15) ...... 871 Lorain Ave., 12210 — transfer of ownership application (Ward 16) (F 715-15)...... 841 Lorain Ave., 16612 — objection to transfer of ownership (Ward 17) (R 743-15) ...... 858 Memphis Ave., 7210 — objection to transfer of ownership (Ward 13) (R 632-15) ...... 870 Payne Ave., 2999 (Unit 145) — objection to transfer of ownership (Ward 07) (R 741-15) ...... 857 St. Clair Ave., 5510 — objection to issuance (Ward 07) (R 740-15)...... 857

Loans

Economic Development — forgivable loan contracts with One Source Technology LLC and/or Asurint for Superior Ave., 1111 (VPI) (Ward 03) (O 704-15) ...... 844

NASA

Economic Development Department — contracts — MAGNET and NASA for the Adopt-A-City III Initiative program (O 650-15)...... 861

Northeast Ohio Regional Sewer District (NEORSD)

Green Infrastructure Grants (GIG) — grant agreement — Economic Development (O 442-15) ...... 883 912 June 10, 2015 The City Record 75

Northeast Shores Development Corporation

Collinwood Observer Project — providing a community newspaper promoting community, residential and economic opportunities to residents — agreement — Community Development (Ward 08 CRF) (O 722-15) ...... 853

Ohio Department Of Transportation (ODOT)

East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Capital Projects Office (Ward 02) (O 516-15) ...... 885 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Capital Projects Office (O 525-15) ...... 890 Eddy Rd. (St. Clair Ave. to Interstate 90) — resurfacing — consent — Capital Projects Office (Ward 08) (O 517-15) ...... 887 Harvard Ave. (East 116th St. to Lee Rd.) resurfacing — consent — cause payment — Capital Projects Office (Ward 01) (O 622-15) ...... 860 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Capital Projects Office (O 518-15) ...... 888 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Capital Projects Office (Ward 17) (O 520-15) ...... 889 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Capital Projects Office (O 519-15) ...... 889

Ohio Environmental Protection Agency (Ohio EPA)

Air Quality Division operation — financial assistance — Air Quality Division — Grants (O 563-15) ...... 859 Economic Development — multi-party agreements with Port of Cleveland, Cuyahoga County, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15) ...... 842

Peddlers

Dengel, Caroline — mobile peddling (Ward 03) (O 633-15) ...... 898 Johnson, Clyde — mobile peddling (Ward 05) (O 662-15) ...... 899

Permits

Amend Ord. 1351-14 — Downtown Area (CP01, CP12, CP13, CP 14) — encroach into right -of-way — 4 way-finding signs and electric duct banks — Positively Cleveland — The Convention & Visitors Bureau of Greater Cleveland, Inc. (Ward 03) (O 401-15) ...... 878 Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 Bernie Shuffle — October 10th — Cerulean Sports Group (Ward 03) (O 673-15)...... 899 Color Run — June 20th — Tenable Event Services (Ward 03) (O 738-15) ...... 856 Dengel, Caroline — mobile peddling (Ward 03) (O 633-15) ...... 898 Glenville Festival Committee — various location — June 12th to July 11th — Glenville Heritage Festival — Banners — City Planning Commission (Ward(s) 09,10) (O 732-15) ...... 855 Halloween Run — October 31st. — Hermes Sports & Events, Inc. (Ward 03) (O 734-15)...... 856 Johnson, Clyde — mobile peddling (Ward 05) (O 662-15) ...... 899 Pedal with Purpose Cycling — September 5th — St. Malachi Center (Ward(s) 03, 15) (O 675-15) ...... 899 Public Square — encroach into right-of-way — maintaining various utility facilities, lines, conduits and streetscape elements — various private utilities and private entities — Capital Projects Office (Ward 03) (O 352-15) ...... 873 Santa Shuffle — December 12th — Hermes Sports & Events, Inc. (Ward 03) (O 735-15)...... 856 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 St. Rocco 5K Run, 2015 — September 5th — St. Rocco Festival Committee (Ward 14) (O 736-15) ...... 856 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855

Police Division

Establishment of Policy with Respect to Biased-Based Profiling — enact Section 135.042 (O 750-15) ...... 850

Port Control Department

Ameribridge LLC — amend Contract No. RC 2015-54 (O 637-15)...... 860 Cleveland Browns Stadium Company LLC — renew Lease Agreement No. CT 3001 LS 2014-19 — surface parking and staging special event programming on Docks 28B, 30, and 32 (O 713-15)...... 852 Cleveland Youth Summer Employment Program — administer, implement and manage — renew Contract No.PS 2012-145 — Youth Opportunities Unlimited, Inc. (O 583-15) ...... 859 Deicing chemicals — FAA-approved — Burke Lakefront Airport Division — Cleveland Hopkins International Airport Division (O 580-15) ...... 859 913 76 The City Record June 10, 2015

Design Primary Road fare and domestic water line improvements — amend Contract No. PS 2015-14 with Glaus, Pyle, Schomer, Burns and Dehaven — professional services - amend Ord. No. 744-13 (O 585-15) ...... 859 Professional services — contracts — lease agreement — signatory airlines and related services (O 606-15) ...... 859 Removal, reconfiguring, relocating, and constructing several taxiways — public improvement contracts- Cleveland Hopkins International Airport (O 653-15) ...... 861 Rental of heavy-duty equipment, snow removal equipment and equipment operators — various divisions — contracts (O 579-15) ...... 859 Repairing and maintaining runways, taxiways, ramps, roads, and other concrete surfaces — various divisions — public improvement contracts (O 582-15) ...... 859

Professional Services

2015 IT Capital Strategic Plan — computer software developers, or vendors — contract - Finance Department (O 702-15) ...... 842 Design Primary Road fare and domestic water line improvements — amend Contract No. PS 2015-14 with Glaus, Pyle, Schomer, Burns and Dehaven — amend Ord. No. 744-13 (O 585-15) ...... 859 Doors, overhead — renew Contract No. RC 2013-9 — Advance Door Company (O 711-15) ...... 848 East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 02) (O 516-15) ...... 885 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 525-15) ...... 890 Economic Development — multi-party agreements with Port of Cleveland, Cuyahoga County, Ohio EPA, US EPA, for environmental assessment — Irishtown Bend site remediation (O 701-15)...... 842 Eddy Rd. (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 08) (O 517-15)...... 887 Harvard Ave. (East 116th St. to Lee Rd.) resurfacing — consent — cause payment — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 01) (O 622-15) ...... 860 Harvard Yard Facility — upgrade lab facility and purchase testing equipment — Water Division — Utilities Department (O 611-15) ...... 897 Loan Servicing System to replace the Knowledge Man (K-Man) system — contracts — Community Development Department (O 603-15) ...... 859 Mill Creek Falls Park Enhancement Project — Hershey Foundation of Ohio — Grant — public improvement contract — Works Department (O 282-15) ...... 872 Motorola Solutions, Inc. — contract — video surveillance cameras in Ward 09 and citywide (O 493-15) ...... 885 Pavement Management Program — Survey City Streets — collect and input data — Capital Projects Office (O 523-15) ...... 890 Port Control Department — contracts — lease agreement — signatory airlines and related services (O 606-15) ...... 859

Public Improvements

Removal, reconfiguring, relocating, and constructing several taxiways — contracts- Cleveland Hopkins International Airport (O 653-15) ...... 861 Removal, reconfiguring, relocating, and constructing several taxiways — contracts- Cleveland Hopkins International Airport (O 653-15) ...... 861 Repairing and maintaining runways, taxiways, ramps, roads, and other concrete surfaces — various divisions — contracts — Port Control Department (O 582-15)...... 859 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 888 Warren Rd.(Munn Rd. to Interstate 90) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 17) (O 520-15) ...... 889 West 150th St. (Industrial Parkway to Lorain Ave.) — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 889

Public Square

Encroach into right-of-way — maintaining various utility facilities, lines, conduits and streetscape elements — various private utilities and private entities — Capital Projects Office (Ward 03) (O 352-15) ...... 873

Public Works

Amend Lease Agreement with Metroparks for Rivergate Park (O 609-15) ...... 860 Football programs — Cleveland Municipal Football Association (O 382-15) ...... 858 League Park Softball Program — providing recreational softball activities — Catholic Charities Corporation dba Fatima Family Center — agreement (Ward 07 CRF) (O 718-15) ...... 852 Mill Creek Falls Park Enhancement Project — Hershey Foundation of Ohio — Grant — public improvement contract (O 282-15)...... 872 914 June 10, 2015 The City Record 77

Near West Recreation Youth Program — providing organized recreational activities to Cleveland youth — Ohio City Incorporated — agreement (Ward 03 CRF) (O 731-15) ...... 855 Patriots Youth Sports Football Recreation Program — providing organized youth recreational activities — Pierre Nappier Jr. Foundation — agreement (Ward 07 CRF) (O 719-15) ...... 853 Project Clean Program — appropriate CDBG funds — Community Development Department (O 486-15) ...... 885 Property adoption agreement for the expansion of Jimmy Bivens Park with Snavely Property Company LLC (Ward 03) (O 703-15) ...... 843 Scottish Garden — repeal Section 559.234 — Lebanese Cultural Garden — enact Section 559.234, 559.247 — City Planning Commission (O 407-15) ...... 882 Social Service Programs — various agencies — lease gym — East 150th St., 822 — Greater New Calvary Baptist Church — Community Development (O 485-15) ...... 885 Vehicles and off-road equipment — amend Ord. No. 752-12 — Motor Vehicles Maintenance Division (O 569-15) ...... 895 Willard Park — lease — The Refugee Response — urban garden — assist refugees to develop work skills leading to their employment (O 384-15) ...... 874 Woodland Ave., 9120 — PPN 126-14-010 — acquire property — renovation of the Ken Johnson Recreation Center (Ward 04) (O 386-15) ...... 874 Youth Basketball Program — providing organized recreational sports activities — E.M.S. Rams Youth Football Development Group, Inc., — agreement (Ward 07 CRF) (O 717-15) ...... 852

Purchases And Supplies Division

Cuyahoga County — agreement — donation of property — West Side Market (O 568-15) ...... 894 Midtown Health Campus (Ward 07) (O 405-15)...... 859 East 59th St. and Euclid Ave. — acquire and reconvey — University Hospitals Health System, Inc. — Midtown Health Campus (Ward 07) (O 404-15) ...... 858 Print and mailing services — City Council (O 670-15) ...... 861 Woodland Ave., 9120 — PPN 126-14-010 — acquire property — renovation of the Ken Johnson Recreation Center — Works Department (Ward 04) (O 386-15) ...... 874 Works Department — property adoption agreement for the expansion of Jimmy Bivens Park with Snavely Property Company LLC (Ward 03) (O 703-15) ...... 843

Races

Bernie Shuffle — October 10th — Cerulean Sports Group (Ward 03) (O 673-15)...... 899 Color Run — June 20th — Tenable Event Services (Ward 03) (O 738-15) ...... 856 Halloween Run — October 31st. — Hermes Sports & Events, Inc. (Ward 03) (O 734-15)...... 856 Pedal with Purpose Cycling — September 5th — St. Malachi Center (Ward(s) 03, 15) (O 675-15) ...... 899 Santa Shuffle — December 12th — Hermes Sports & Events, Inc. (Ward 03) (O 735-15)...... 856 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 St. Rocco 5K Run, 2015 — September 5th — St. Rocco Festival Committee (Ward 14) (O 736-15) ...... 856 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855

Recognition

Al-Mu’Min, Masjid, IRM, Inc. (R 748-15) ...... 841

Recreation Centers

Woodland Ave., 9120 — PPN 126-14-010 — acquire property — renovation of the Ken Johnson Recreation Center — Works Department (Ward 04) (O 386-15) ...... 874

Resolution Of Support

Approving the continuation of the Gordon Square Arts District (SID) — New plan for public services; provide cleaning and maintenance of the public rights-of-way, additional security and collective marketing for the District (Ward 15) (R 578-15) ...... 868 Approving the expansion of the Downtown Cleveland Improvement District (SID) — City Planning Commission (R 699-15) ...... 851 Resolution of necessity for the Downtown Cleveland Improvement District as a Special Improvement District (SID) — City Planning Commission (R 700-15) ...... 851 Supporting protections for tenants in foreclosed properties (R 612-15) ...... 869

Safety Department

Emergency Communications Network — contracts — provide web-based mass notification service for residents, employees, visitors, and emergency response personnel (O 645-15) ...... 860 Fire Station No. 10 — East 101st St., 1935 — deed of easement — Cleveland Clinic Foundation (O 526-15) ...... 891 Helicopters — enact Sections 489.01 to 489.06, 489.99 (O 564-15) ...... 892 Motorola Solutions, Inc. — professional service contract — video surveillance cameras in Ward 09 and citywide (O 493-15) ...... 885 915 78 The City Record June 10, 2015

Port Security Grant Program (FY 14) — U.S. Department of Homeland Security — Grant (O 641-15) ...... 860 Urban Area Security Initiative (UASI) Program (FY 14) — Cuyahoga County — Grants (O 584-15) ...... 896

Salaries

Salary and wage schedules — amend Section(s) 18,39 (S.E.M.E., Local 1) — amend Ord. 491-15, as amended — Finance Department — Human Resources Department (O 638-15) ...... 860

Slavic Village Development Corporation

Jaworski Building Project — eliminating slum and blight and creating new jobs — agreement — Economic Development (Ward 12 CRF) (O 728-15) ...... 854

Street Vacation

East 117th St. (50.00 Feet Wide) (formerly Luceil Street) — vacate a portion — Capital Projects Office — City Planning Commission (Ward 06) (O 705-15) ...... 845 East 4th St., and East 6th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 354-15) ...... 867 Eugene Pl. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 408-15)...... 868 Father Caruso Dr., N.W., West 73rd St., and West 74th St. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 15) (O 706-15) ...... 845 Leonard Street N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 528-15)...... 868 Logan Court, N.E. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 07) (O 707-15) ...... 846 Sorg Court, N.E. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 10) (O 708-15) ...... 846 West 24th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (Ward 03) (R 248-15)...... 867 West 59th St. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 15) (O 385-15) ...... 874 West 74th St. — vacate a portion — Capital Projects Office — City Planning Commission (Ward 15) (O 709-15) ...... 847

Streets — Name

East 105th St. (between Park Lane Villa and Euclid Ave.) — secondary and honorary designation — Jamie Ireland Way — Capital Projects Office — City Planning Commission (Ward 09) (O 530-15) ...... 892 East 43rd St. (between Quincy Ave. and Case Ct.) — and honorary and secondary name of Judge Sara J. Harper Way — Capital Projects Office — City Planning Commission (Ward 05) (O 671-15) ...... 861 Grovewood Ave. / Lakeshore Blvd. — secondary and honorary designation — Stephen Halton, Jr. Way — Capital Projects Office — City Planning Commission (Ward 08) (O 561-15) ...... 892 Yale Ave. — secondary and honorary name of Anna Harris Way — Capital Projects Office - City Planning Commission (Ward(s) 09, 10) (O 698-15) ...... 841

Utilities Department

Cleveland Electric Illuminating Company — deeds of easements — Cleveland Water Division Nottingham Water Treatment Plant — Chardon Rd., 1300 — underground communication lines (O 566-15) ...... 893 Colony Hardware Corporation, dba Phillips Contractor Supply, LLC — renew contract Nos. MA 1505 RC 2013-96 and MA 1505 RC 2014-71 -repair pumps, saws, small engines, and air tools — Water Division (O 443-15) ...... 883 Constellation Energy Services, Inc. for electric aggregation services and power supply — Empower Gas & Electric for energy program services — contracts — Finance Department (O 623-15)...... 897 Electrical test equipment — maintain or repair various types (O 655-15) ...... 861 Harvard Yard Facility — upgrade lab facility and purchase testing equipment — Water Division (O 611-15) ...... 897 SANS equipment and datacenter hardware — renew Contract No. PS 2011-272 — EMC Corp. (O 600-15) ...... 896 Substation test equipment — switchgear, circuit breakers, batteries, fiber optic splicing — CPP (O 656-15) ...... 861 W.A. Chester, LLC. — contract — emergency repair to an underground pipe-type transmission cable and related equipment — CPP (O 621-15) ...... 897 Water mains, fire hydrants, service connections repair — concrete and tree lawn repair — Water Division (O 607-15)...... 896 916 June 10, 2015 The City Record 79

Vehicles

Vehicles and off-road equipment — amend Ord. No. 752-12 — Motor Vehicles Maintenance Division — Works Department (O 569-15)...... 895

Ward 01

Amend Ord. No. 334-15 — Senior Lawn Care Program — grass cutting and lawn maintenance (Ward 01 CRF) (O 716-15) ...... 852 Harvard Ave. (East 116th St. to Lee Rd.) resurfacing — consent — cause payment — Ohio Department of Transportation (ODOT) — Capital Projects Office (Ward 01) (O 622-15) ...... 860 Life Exchange Center for the Dual Diagnosis Recovery Support Group Program — providing mental health support services and drug addiction counseling to Cleveland residents — agreement — Health Department (Ward 01 CRF) (O 661-15) ...... 899

Ward 02

Amend Ord. No. 559-15 — Mt. Pleasant Historical Markers Project — provide public art with historical content — Mt. Pleasant NOW Development Corporation — agreement — Community Development — Health Department (Ward 2 CRF) (O 720-15) ...... 853 East 116th St. (Miles Rd. to Union Ave.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 516-15) ...... 885 Kinsman Tree Pits Beautification Program — eliminating slum and blight in Cleveland neighborhoods — Mount Pleasant NOW Development Corporation — agreement — Community Development Department (Ward 02 CRF) (O 714-15) ...... 852 Thea Bowman Rehabilitation Project — providing physical building improvements — Thea Bowman Center — agreement — Community Development (Ward 02 CRF) (O 725-15)...... 854

Ward 03

21st Century Workshop Project — providing theatre education and training on live arts - Cleveland Public Theatre — agreement — Community Development (Ward 03 and 15 CRF) (O 721-15) ...... 853 Amend Ord. 1351-14 — Downtown Area (CP01, CP12, CP13, CP 14) — encroach into right -of-way — 4 way-finding signs and electric duct banks — Positively Cleveland — The Convention & Visitors Bureau of Greater Cleveland, Inc. (O 401-15) ...... 878 Approving the expansion of the Downtown Cleveland Improvement District (SID) — City Planning Commission (R 699-15) ...... 851 Bernie Shuffle — October 10th — Cerulean Sports Group (O 673-15) ...... 899 Busta, William — Congratulations (R 745-15) ...... 841 Clark Ave., 4322 — objection to transfer of ownership — liquor permit (R 742-15) ...... 858 Color Run — June 20th — Tenable Event Services (O 738-15) ...... 856 Dengel, Caroline — mobile peddling (Ward 03) (O 633-15) ...... 898 East 12th St., 1810 — new application — liquor permit (F 726-15) ...... 841 East 4th St., and East 6th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 354-15) ...... 867 Economic Development — forgivable loan contracts with One Source Technology LLC and/or Asurint for Superior Ave., 1111 (VPI) (O 704-15) ...... 844 Eugene Pl. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 408-15) ...... 868 Halloween Run — October 31st. — Hermes Sports & Events, Inc. (O 734-15) ...... 856 City Planning Commission — Landmarks Commission (O 712-15) ...... 848 Leonard Street N.W. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 528-15) ...... 868 May Dugan Multi-Service Center — Bridge Ave., 4115 — PPN: 003-35-029 — lease — The Near West Side Multi-Service Corporation — Community Development Department (O 565-15) ...... 893 Near West Recreation Youth Program — providing organized recreational activities to Cleveland youth — Ohio City Incorporated — agreement — Works Department (Ward 03 CRF) (O 731-15) ...... 855 Pedal with Purpose Cycling — September 5th — St. Malachi Center (Ward(s) 03, 15) (O 675-15) ...... 899 Public Square — encroach into right--of-way — maintaining various utility facilities, lines, conduits and streetscape elements — various private utilities and private entities — Capital Projects Office (O 352-15) ...... 873 Resolution of necessity for the Downtown Cleveland Improvement District as a Special Improvement District (SID) — City Planning Commission (R 700-15) ...... 851 Santa Shuffle — December 12th — Hermes Sports & Events, Inc. (O 735-15) ...... 856 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 888 Subordination agreements with 668 Atrium LLC for Atrium Office Plaza complex project (O 608-15) ...... 859 917 80 The City Record June 10, 2015

Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855 West 24th St. — intention to vacate a portion — Capital Projects Office — City Planning Commission (R 248-15) ...... 867 Works Department — property adoption agreement for the expansion of Jimmy Bivens Park with Snavely Property Company LLC (O 703-15) ...... 843

Ward 04

Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 East 135th St., 3218 (1st. fl.) — objection to transfer of ownership — liquor permit (R 631-15) ...... 870 Woodland Ave., 9120 — PPN 126-14-010 — acquire property — renovation of the Ken Johnson Recreation Center — Works Department (O 386-15) ...... 874

Ward 05

Amend Ord. No. 461-15 — Broadway School of Music and Arts Program — providing art and music instruction to youth residing in the city of Cleveland (Ward 05, 12 CRF) (O 659-15) ...... 898 East 43rd St. (between Quincy Ave. and Case Ct.) — and honorary and secondary name of Judge Sara J. Harper Way — Capital Projects Office — City Planning Commission (O 671-15) ...... 861 Hutchen, Sr., Rev. Jermaine N. — Congratulations (R 746-15) ...... 841 Johnson, Clyde — mobile peddling (Ward 05) (O 662-15) ...... 899 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855

Ward 06

Al-Mu’Min, Masjid, IRM, Inc. — Recognition (R 748-15) ...... 841 East 117th St. (50.00 Feet Wide) (formerly Luceil Street) — vacate a portion — Capital Projects Office — City Planning Commission (O 705-15) ...... 845 East 93rd St. (Union Ave. to Kinsman Rd.) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 525-15) ...... 890 Euclid Ave., 11440 — new application — liquor permit (F 739-15)...... 841 Karamu House — 100th Anniversary — Congratulations (R 747-15) ...... 841 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 Supporting protections for tenants in foreclosed properties (R 612-15) ...... 869 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855

Ward 07

East 59th St. and Euclid Ave. — option to purchase agreement — Hemingway Development , LLC — agreement — Midtown Health Campus (O 405-15) ...... 859 East 59th St. and Euclid Ave. — acquire and reconvey — University Hospitals Health System, Inc. — Midtown Health Campus (O 404-15) ...... 858 League Park Softball Program — providing recreational softball activities — Catholic Charities Corporation dba Fatima Family Center — agreement — Works Department (Ward 07 CRF) (O 718-15) ...... 852 Lee, Gloria — Condolence (R 744-15) ...... 841 Logan Court, N.E. — vacate a portion — Capital Projects Office — City Planning Commission (O 707-15) ...... 846 Midtown Health Campus — East 59th St. and Euclid Ave, — Hemingway Development, LLC — Economic Development — Tax Increment Financing Agreement (O 406-15)...... 859 Patriots Youth Sports Football Recreation Program — providing organized youth recreational activities — Pierre Nappier Jr. Foundation — agreement — Works Department (Ward 07 CRF) (O 719-15) ...... 853 Payne Ave., 2999 (Unit 145) — objection to transfer of ownership — liquor permit (R 741-15) ...... 857 St. Clair Ave. (Old River Rd., to West 9th St., and East 13 St., to East 55th St.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 518-15) ...... 888 St. Clair Ave., 5510 — objection to issuance — liquor permit (R 740-15)...... 857 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855 918 June 10, 2015 The City Record 81

Youth Basketball Program — providing organized recreational sports activities — E.M.S. Rams Youth Football Development Group, Inc., — agreement — Works Department (Ward 07 CRF) (O 717-15) ...... 852

Ward 08

Collinwood Observer Project — providing a community newspaper promoting community, residential and economic opportunities to residents — Northeast Shores Development Corp. — agreement — Community Development (Ward 08 CRF) (O 722-15) ...... 853 Eddy Rd. (St. Clair Ave. to Interstate 90) — resurfacing — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 517-15) ...... 887 Expansion of the Waterloo Community Entertainment District — amend Section 699A.011 (O 620-15) ...... 860 Grovewood Ave. / Lakeshore Blvd. — secondary and honorary designation — Stephen Halton, Jr. Way — Capital Projects Office — City Planning Commission (O 561-15) ...... 892 Operation Standup for the I-Rise Program — providing after-school education to at-risk youth — Community Development — agreement (Ward 08 CRF) (O 729-15) ...... 855 Triangle Park — Intersections of Lakeshore Blvd., East 174th St., Nottingham Rd. — change name to “Veteran’s Park — Capital Projects Office (O 355-15) ...... 873

Ward 09

Glenville Festival Committee — various location — June 12th to July 11th — Glenville Heritage Festival — Banners — City Planning Commission (Ward(s) 09,10) (O 732-15) ...... 855 Motorola Solutions, Inc. — professional service contract — video surveillance cameras in Ward 09 and citywide (O 493-15) ...... 885 Second Sole Half Marathon — August 23rd — Second Sole Mentor (Ward(s) 03, 05, 06, 09) (O 674-15)...... 899 Sickle Cell Interactive Care Management Program — American Sickle Cell Anemia Association — agreement — Health Department (Ward(s) 03, 05, 06, 09 CRF) (O 751-15) ...... 856 Yale Ave. — secondary and honorary name of Anna Harris Way — Capital Projects Office - City Planning Commission (Ward(s) 09, 10) (O 698-15) ...... 841

Ward 10

Euclid Ave., 16417-19 — withdraw objection to transfer of ownership — repeal Res. 1532-14 — liquor permit (R 672-15) ...... 871 Glenville Festival Committee — various location — June 12th to July 11th — Glenville Heritage Festival — Banners — City Planning Commission (Ward(s) 09,10) (O 732-15) ...... 855 Sorg Court, N.E. — vacate a portion — Capital Projects Office — City Planning Commission (O 708-15) ...... 846 Yale Ave. — secondary and honorary name of Anna Harris Way — Capital Projects Office - City Planning Commission (Ward(s) 09, 10) (O 698-15) ...... 841

Ward 12

Amend Ord. 894-12 — Crown Castle NG East Inc. — various locations — encroach into right-of-way — nodes and duct banks — City Planning Commission (Ward(s) 04, 12) (O 402-15) ...... 878 Amend Ord. No. 461-15 — Broadway School of Music and Arts Program — providing art and music instruction to youth residing in the city of Cleveland (Ward 05, 12 CRF) (O 659-15) ...... 898 Approving the expansion of the Downtown Cleveland Improvement District (SID) — City Planning Commission (R 699-15) ...... 851 Jaworski Building Project — eliminating slum and blight and creating new jobs — Slavic Village Development — agreement — Economic Development (Ward 12 CRF) (O 728-15) ...... 854 Resolution of necessity for the Downtown Cleveland Improvement District as a Special Improvement District (SID) — City Planning Commission (R 700-15) ...... 851 Supporting protections for tenants in foreclosed properties (R 612-15) ...... 869 Vacant Property Survey Project — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — agreement — Community Development (Ward 12 and 13 CRF) (O 730-15) ...... 855

Ward 13

Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc — agreement — Community Development (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Approving the expansion of the Downtown Cleveland Improvement District (SID) — City Planning Commission (R 699-15) ...... 851 Broadview Rd., 4852 — objection to transfer of ownership — liquor permit (R 630-15) ...... 869 Memphis Ave., 7210 — objection to transfer of ownership — liquor permit (R 632-15) ...... 870 Resolution of necessity for the Downtown Cleveland Improvement District as a Special Improvement District (SID) — City Planning Commission (R 700-15) ...... 851 Vacant Property Survey Project — Western Reserve Land Conservancy d/b/a Thriving Communities Institute — agreement — Community Development (Ward 12 and 13 CRF) (O 730-15) ...... 855 919 82 The City Record June 10, 2015

Ward 14

Be Next Awning & Graphics, Inc 50/50 Project — job creation — Aldo Dure — agreement — Economic Development Department (Ward 14 NCF) (O 658-15) ...... 898 Big Gig West 25th Street Project — high speed broadband internet access to businesses and residents in Ward 14 — OneCommunity — agreement — Economic Development (Ward 14 CRF) (O 723-15) ...... 853 Clark Ave. (between W. 56th St. and W. 41st St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 14 and 15) (O 1434-13) ...... 871 McCreight, Rev. James H. “Jaime” — Appreciation (R 749-15) ...... 841 St. Rocco 5K Run, 2015 — September 5th — St. Rocco Festival Committee (O 736-15)...... 856 Stockyards Initiative Program — providing housing rehabilitation services to vacant homes — Greater Cleveland Habitat for Humanity — agreement — Community Development (Ward 14 CRF) (O 724-15) ...... 854 Supporting protections for tenants in foreclosed properties (R 612-15) ...... 869 Virginia’s Beauty & Barber Shop 50/50 Project — job creation — Virginia Gonzalez - agreement — Economic Development Department (Ward 14 NCF) (O 660-15) ...... 898

Ward 15

21st Century Workshop Project — providing theatre education and training on live arts - Cleveland Public Theatre — agreement — Community Development (Ward 03 and 15 CRF) (O 721-15) ...... 853 Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc. — agreement — Community Development (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Appointing an assessment equalization board for Gordon Square Arts District continuation, assessment (R 663-15) ...... 861 Approving the continuation of the Gordon Square Arts District (SID) — New plan for public services; provide cleaning and maintenance of the public rights-of-way, additional security and collective marketing for the District (Ward 15) (R 578-15) ...... 868 Clark Ave. (between W. 56th St. and W. 41st St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 14 and 15) (O 1434-13) ...... 871 Detroit Shoreway Community Development Organization — amend Contract No. 67924 — Promissory Note — Capital Theatre renovation (O 652-15) ...... 861 Father Caruso Dr., N.W., West 73rd St., and West 74th St. — vacate a portion — Capital Projects Office — City Planning Commission (O 706-15) ...... 845 Lake Ave.(west of) Clifton Blvd. — change Use and Area Districts — City Planning Commission (O 998-14)...... 872 Lake Avenue north of Franklin Ave. (between W. 75th St. and W. 85th St.) — change Use District — City Planning Commission (O 398-15) ...... 875 Madison Avenue Pocket Park Project — Detroit Shoreway Community Development Organization — agreement — Community Development Department (Ward 15 CRF) (O 752-15) ...... 857 Pedal with Purpose Cycling — September 5th — St. Malachi Center (Ward(s) 03, 15) (O 675-15) ...... 899 Tour De Cure Cycling — June 28th — American Diabetes Association (Ward(s) 03,05,06,07,15) (O 733-15) ...... 855 West 59th St. — vacate a portion — Capital Projects Office — City Planning Commission (O 385-15)...... 874 West 74th St. — vacate a portion — Capital Projects Office — City Planning Commission (O 709-15)...... 847

Ward 16

Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc. — agreement — Community Development (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Lorain Ave., 12210 — transfer of ownership application — liquor permit (F 715-15)...... 841 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 889

Ward 17

Amend Ord. No. 1635-14 — Johnny Kilbane Sculpture Project — Irish American Archives Society, Inc. — agreement — Community Development (Ward(s) 13, 15, 16 and 17 CRF) (O 727-15) ...... 854 Lorain Ave., 16612 — objection to transfer of ownership — liquor permit (R 743-15) ...... 858 Roche, Anna “Nancy” (nee McCafferty) — Condolence (R 754-15) ...... 841 Warren Rd.(Munn Rd. to Interstate 90) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 520-15) ...... 889 West 150th St. (Industrial Parkway to Lorain Ave.) — public improvement — consent — Ohio Department of Transportation (ODOT) — Capital Projects Office (O 519-15) ...... 889

Water Division

Cleveland Electric Illuminating Company — deeds of easements — Cleveland Water Division Nottingham Water Treatment Plant — Chardon Rd., 1300 — underground communication lines — Utilities Department (O 566-15) ...... 893 920 June 10, 2015 The City Record 83

Colony Hardware Corporation, dba Phillips Contractor Supply, LLC — renew contract Nos. MA 1505 RC 2013-96 and MA 1505 RC 2014-71 -repair pumps, saws, small engines, and air tools -Utilities Department (O 443-15) ...... 883 Harvard Yard Facility — upgrade lab facility and purchase testing equipment — Utilities Department (O 611-15)...... 897 SANS equipment and datacenter hardware — renew Contract No. PS 2011-272 — EMC Corp. — Utilities Department (O 600-15) ...... 896 Water mains, fire hydrants, service connections repair — concrete and tree lawn repair (O 607-15) ...... 896

Water Pollution Control Division (WPC)

Water mains, fire hydrants, service connections repair — concrete and tree lawn repair — Water Division (O 607-15)...... 896

West Side Market

Cuyahoga County — agreement — donation of property (O 568-15) ...... 894

Zoning

Clark Ave. (between W. 56th St. and W. 41st St.) — establish Pedestrian Retail Overlay (PRO) District — City Planning Commission (Ward(s) 14 and 15) (O 1434-13) ...... 871 Lake Ave.(west of) Clifton Blvd. — change Use and Area Districts — City Planning Commission (Ward 15) (O 998-14) ...... 872 Lake Avenue north of Franklin Ave. (between W. 75th St. and W. 85th St.) — change Use District — City Planning Commission (Ward 15) (O 398-15) ...... 875

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