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

July the Thirty-First, Two Thousand and Nineteen

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

Kevin J. Kelley President of Council Containing PAGE City Council 3 Patricia J. Britt The Calendar 68 City Clerk, Clerk of Council Board of Control 68 Ward Name Civil Service 74 Board of Zoning Appeals 79 1 Joseph T. Jones Board of Building Standards 2 Kevin L. Bishop and Building Appeals 82 3 Kerry McCormack Public Notice 84 4 Kenneth L. Johnson, Sr. Public Hearings 84 5 Phyllis E. Cleveland Statement of Cash Management and Investment Policy 84 6 Blaine A. Griffin City of Cleveland Bids 86 7 Basheer S. Jones Adopted Resolutions 8 Michael D. Polensek and Ordinances 88 9 Kevin Conwell Committee Meetings 149 10 Anthony T. Hairston Index 149 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Jasmin Santana 15 Matt 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, Interim Chief Animal Control Officer, 2690 West 7th Ward Name Residence Street 1 Joseph T. Jones...... 4691 East 177th Street 44128 Correction – David Carroll, Interim Commissioner, Cleveland House of Corrections, 4041 Northfield 2 Kevin L. Bishop...... 11729 Miles Avenue, #5 44105 Rd. 3 Kerry McCormack...... 1769 West 31st Place 44113 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 4 Kenneth L. Johnson, Sr...... 2948 Hampton Road 44120 Fire – Angelo Calvillo, Chief, 1645 Superior Avenue 5 Phyllis E. Cleveland...... 2369 East 36th Street 44115 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 6 Blaine A. Griffin...... 1810 Larchmere Boulevard 44120 DEPT. OF COMMUNITY DEVELOPMENT – Tania Menesse, Director 7 Basheer S. Jones...... 1383 East 94th Street 44106 DIVISIONS: 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Administrative Services – Joy Anderson, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 10 Anthony T. Hairston ...... 423 Arbor Road 44108 Neighborhood Development –James Greene, Commissioner 11 Dona Brady ...... 1272 West Boulevard 44102 Neighborhood Services – Louise V. Jackson, Commissioner 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Director, Room 500 14 Jasmin Santana...... 3535 Marvin Avenue 44109 DIVISIONS: 15 Matt Zone...... 1228 West 69th Street 44102 Code Enforcement – Thomas E. Vanover, Commissioner Construction Permitting – Narid Hussain, Commissioner 16 Brian Kazy ...... 4300 West 143rd Street 44135 17 Martin J. Keane...... 15907 Colletta Lane 44111 DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Director, Room 210 MAYOR – Frank G. Jackson DEPT. OF AGING – Mary McNamara, Director, Room 122 Sharon Dumas, Interim Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer COMMUNITY RELATIONS BOARD – Room 11, Grady Stevenson, Director, Mayor Frank Valarie J. McCall, Executive Assistant to the Mayor, Chief of Communications Government G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council & International Affairs Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs Santana, Peter Whitt, Ted Wammes. Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; Michael Tracy Martin-Thompson, Executive Assistant to the Mayor, Chief of Prevention, Intervention Flickinger, Vice-President; Michael Spreng, Secretary; Members: Daniel J. Brennan, and Opportunity for Youth and Young Adults India Pierce Lee. OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin DIVISIONS: J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Architecture and Site Development – Carter Edman, Manager BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Engineering and Construction — Richard J. Switalski, Manager Henry Bailey, Myrline Barnes, Kelley Britt, Tim Donovan, Elizabeth Kukla, Secretary. Real Estate — James DeRosa, Commissioner BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra M. Saab, P.E., Alternate Members – ______. T. Pierce-Scott, 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. Ronda G. Curtis, 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: John Skrtic, 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; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. Natasha Brandt, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; David DIVISIONS: H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Kerry McCormack, Accounts – Lonya Moss Walker, Commissioner, Room 19 Diane Downing, August Fluker, Charles Slife. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 FAIR HOUSING BOARD – ______, Chair; Genesis O. Brown, Daniel Conway, City Treasury – James Hartley, Treasurer, Room 115 Robert L. Render. Financial Reporting and Control – James Gentile, Controller, Room 18 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Information Technology and Services – Kimberly Roy-Wilson, Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Commissioner, 205 W. St. Clair Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Purchases and Supplies – Tiffany White, Commissioner, Room 128 Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue Clint Martin, Mark Rivera. DEPT. OF PUBLIC UTILITIES – Robert L. Davis, Director, 1201 Lakeside Avenue MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; DIVISIONS: Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Cleveland Public Power – Ivan Henderson, Commissioner Kevin Kelley. Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer CLEVELAND LANDMARKS COMMISSION – Room 519 – Julie Trott, Chair; Giancarlo Water – Alex Margevicius, Commissioner Calicchia, Vice Chair; ______, Freddy L. Collier, Jr., Allan Dreyer, Robert Water Pollution Control – Rachid Zoghaib, Commissioner Strickland, Donald Petit, Secretary, Council Member Basheer S. Jones, Matthew L. DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Spronz; Michele Anderson, Stephen Harrison, Raymond Tarasuck, Jr. 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 & Burke Lakefront Airport – Khalid Bahhur, CLEVELAND MUNICIPAL COURT Commissioner JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC WORKS – Michael Cox, Director JUDGE COURTROOM ASSIGNMENTS OFFICES: Judge Courtroom Administration – John Laird, Manager Presiding and Administrative Judge Michelle D. Earley 14-C Special Events and Marketing – Tangee Johnson, Manager Judge Pinkey S. Carr 15-C DIVISIONS: Judge Marilyn B. Cassidy 13-A Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Judge Emanuella Groves 14-B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Lauren C. Moore 15-A Parking Facilities – Kim Johnson, Interim Commissioner Judge Michael L. Nelson, Sr. 12-A Property Management – Tom Nagle, Commissioner Judge Ann Clare Oakar 14-A Recreation – Samuel Gissentaner, Interim Commissioner Judge Ronald J.H. O’Leary (Housing Court Judge) 13-B Streets – Frank D. Williams, Interim Commissioner Judge Charles L. Patton, Jr. 13-D Traffic Engineering – Robert Mavec, Commissioner Judge Suzan M. Sweeney 12-C Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Jazmin Torres-Lugo 13-C DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza Judge Shiela Turner McCall 12-B DIVISIONS: Judge Joseph J. Zone 14-D Air Quality – David Hearne, Interim Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Timothy Environment – Brian Kimball, Commissioner, 75 Erieview Plaza Lubbe – Housing Court Administrator, Robert J. Furda – Chief Bailiff; Dean Jenkins – Chief Health – Persis Sosiak, Commissioner, 75 Erieview Plaza Probation Officer, Gregory F. Clifford – Chief Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 106 WEDNESDAY, JULY 31, 2019 No. 5512 CITY COUNCIL WEDNESDAY, JULY 24, 2019

The City Record The following Committees meet at with and the journal approved. Sec- Published weekly by the City Clerk, the Call of the Chair: onded by Council Member Brady. Clerk of Council under authority of the Charter of the Mayor’s Appointments Committee: COMMUNICATIONS City of Cleveland Kazy (CHAIR), Brady, Brancatelli, Cleveland, Kelley. The City Record is available File No. 774-2019. Report and Recommendations online at Operations Committee: McCormack from 2018 City of Cleveland Charter www.clevelandcitycouncil.org (CHAIR), Griffin, Keane, Kelley, Review Commission. Received. Address all communications to Zone. PATRICIA J. BRITT File No. 775-2019. City Clerk, Clerk of Council Rules Committee: Kelley From Jalisa Neal, Development (CHAIR), Cleveland, Hairston, 216 City Hall Associate, Emerald Development & Keane, Polensek. Economic Network, Inc. (EDEN). Notice of intent to apply to Ohio PERMANENT SCHEDULE Housing Finance Agency for multi- OFFICIAL PROCEEDINGS STANDING COMMITTEES family funding programs for the development known as EDEN Port- OF THE COUNCIL CITY COUNCIL ______folio Preservation Phase V, on East 2018-2021 58th Street and on Wainfleet Avenue Cleveland, Ohio in Cleveland, Ohio; and on State MONDAY — Alternating July 24, 2019 Road in Parma, Ohio. Received. The meeting of the Council was 9:30 A.M. — Health and Human called to order at 4:32 p.m. with the File No. 776-2019. Services Committee: Griffin President of Council, Kevin J. Kel- From Director Michael McGrath, Department of Public Safety, City of (CHAIR), McCormack (VICE- ley, in the Chair. CHAIR), Conwell, B. Jones, Hair- Cleveland. Notice of gift acceptance ston, Santana, Zone. from UnitedHealthcare of 2,000 ear Council Members present: Kevin plugs values at $3,500, for personnel L. Bishop, Dona Brady, Anthony 9:30 A.M. — Municipal Services in City of Cleveland’s Police and Brancatelli, Phyllis E. Cleveland, and Properties Committee: K. John- Fire Divisions. Received. son (CHAIR), Brady (VICE- Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. CHAIR), Bishop, Brancatelli, File No. 777-2019. Johnson, Basheer S. Jones, Brian Hairston, J. Jones, Kazy. From Taylor Koch, Project Kazy, Kevin J. Kelley, Martin J. Leader, National Church Residences. Keane, Kerry McCormack, Michael MONDAY Notice of intent to apply to Ohio D. Polensek, Jasmin Santana, and Housing Finance Agency for multi- Matt Zone. 2:00 P.M. — Finance Committee: family funding programs for the Kelley (CHAIR), Zone (VICE- Also present were: Mayor Frank development known as Carnegie CHAIR), Brady, Brancatelli, Cleve- G. Jackson, Interim Chief of Tower at Fairfax, at 8920 Carnegie land, Conwell, Griffin, Keane, Staff/Director Sharon Dumas, Chief Avenue in Cleveland, Ohio. McCormack. Operating Officer Darnell Brown, Received. Chief of Communications, Govern- TUESDAY ment & International Affairs Valar- File No. 778-2019. ie J. McCall, Chief of Regional From Lasserre Bradley, III, 9:30 A.M. — Development, Plan- Development Edward W. Rybka, Regional Vice President, Pennrose ning and Sustainability Committee: Chief of Education Monyka S. Price, LLC. Notice of intent to apply to Brancatelli (CHAIR), Cleveland Chief of Sustainability Matt Gray, Ohio Housing Finance Agency for (VICE-CHAIR), Bishop, Hairston, B. Chief of Public Affairs Natoya multifamily funding programs for Jones, Keane, McCormack. Walker-Minor, Chief of Prevention, the development known as Cedar Intervention and Opportunity for Redevelopment Phase III, on Com- TUESDAY — Alternating Youth and Young Adults Tracy Mar- munity College Avenue near East tin-Thompson, and Directors 28th Street, in Cleveland, Ohio. 1:30 P.M. — Utilities Committee: Langhenry, Davis, Spronz, Gordon, Received. Keane (CHAIR), Kazy (VICE- McGrath, Menesse, West, Ebersole, CHAIR), Bishop, Hairston, McCor- Collier, McNamara, Spreng, Burrows File No. 779-2019. mack, Polensek, Santana. and Pierce Scott. From Aaron Greenblatt, Counsel, Vesta Corporation. Notice of intent 1:30 P.M. — Workforce and Com- MOTION to apply to Ohio Housing Finance munity Benefits Committee: Bishop Agency for multifamily funding pro- (CHAIR), Cleveland (VICE-CHAIR), Pursuant to Section 111.03 of the grams for the development known Brady, Griffin, B. Jones, J. Jones, Codified Ordinances of Cleveland, as Longfellow School, at 650 East Kazy. Ohio, the opening prayer was 140th Street, in Cleveland, Ohio. WEDNESDAY — Alternating offered by Bishop Eugene W. Ward, Received. Jr., Greater Love Missionary Baptist 10:00 A.M. — Safety Committee: Zone (CHAIR), Polensek (VICE- Church, Cleveland, Ohio (Ward 2). File No. 780-2019. CHAIR), Griffin, Kazy, B. Jones, J. Pledge of Allegiance. From Division of Treasury, Jones, Santana. Department of Finance, City of MOTION Cleveland. Statement of Cash Man- 10:00 A.M. — Transportation Com- agement and Investment Policy, mittee: Cleveland (CHAIR), Keane On the motion of Council Member (pursuant to Section 178.14 of the (VICE-CHAIR), Bishop, Conwell, Griffin, the reading of the minutes City of Cleveland Codified Ordi- Johnson, J. Jones, Santana. of the last meeting was dispensed nances). Received. 1175 4 The City Record July 31, 2019

PLATS File No. 799-2019. File No. 816-2019. David Gatian, Police Review RE: #2290931. Transfer of Owner- File No. 800-2019. Board Member, City of Cleveland. ship Application, C2 C2X. Downtown Dedication Plat for Orville Avenue Received. USA LLC, 1283 East 17th St. (Ward Extension, between East 103rd 3). Received. Street and East 105th Street. FROM OHIO DIVISION OF Approved by Committees on Munici- LIQUOR CONTROL File No. 817-2019. pal Services and Properties, and RE: #2964300. Transfer of Owner- Development Planning and Sustain- File No. 801-2019. ship Application, C2 C2X. Fuel Point ability. Without objection, Plat RE: #0764978. Transfer of License Gas, Inc., 1930 East 79th St. (Ward approved. Application, D2 D2X D3. Blackwing 7). Received. LLC, 1050 East 9th St. (Ward 3). OATHS OF OFFICE Received. File No. 818-2019. RE: #0007783. Transfer of Owner- File No. 781-2019. File No. 802-2019. ship Application, C1 C2. A and H Brian Besserer, Captain of Fire, RE: #0764978. New License Appli- Distributor LLC, 2136 West 98th St. City of Cleveland. Received. cation, D3A. Blackwing LLC, 1050 (Ward 15). Received. East 9th St. (Ward 3). Received. File No. 782-2019. File No. 819-2019. Robert Kennedy DiSanto, Lieu- File No. 803-2019. RE: #7731346. Economic Develop- tenant of Fire, City of Cleveland. RE: #0771354. Transfer of Owner- ment Transfer Application, D1 D2 Received. ship Application, D5 D6. BD Hospi- D3 D3A D6. Sandoval Corp., 2661-69 tality LLC, 2082 East 4th Street and West 14th St. (Ward 3). Received. File No. 783-2019. 323 Prospect Ave. (Ward 3). Matthew Holian, Lieutenant of Received. CONDOLENCE RESOLUTIONS Fire, City of Cleveland. Received. File No. 804-2019. The rules were suspended and the RE: #8625138. Economic Develop- File No. 784-2019. following Resolutions were adopted ment Transfer Application, D1 D2 by a rising vote: Joseph Allen Konys, Lieutenant of D3. Storybox Co., 4601 Payne Ave. Fire, City of Cleveland. Received. (Ward 7). Received. Res. No. 903-2019 — James Oryl. File No. 785-2019. Res. No. 904-2019 — Ben S. Ste- File No. 805-2019. fanski II. Raymond Andrew Marotta, Cap- RE: #8795546. Transfer of Owner- Res. No. 905-2019 — Frieda Mosby. tain of Fire, City of Cleveland. ship Application, D1 D2 D3 D3A. Res. No. 906-2019 — Davon Brown. Received. Tangier Hospitality Group, 779-783 Res. No. 907-2019 — Thelma Hen- East 185th St. (Ward 8). Received. File No. 786-2019. rene Adams. Res. No. 908-2019 — Carmella Jean Kenneth Maurice Robertson, Lieu- File No. 806-2019. Fair. tenant of Fire, City of Cleveland. RE: #3452641. Stock Application, Received. C1 C2. Gurdev, Inc., 7401-05 Central Res. No. 909-2019 — Ernest Win- Ave. (Ward 5). Received. ston, Jr. Res. No. 910-2019 — Annie Murrell. File No. 787-2019. Res. No. 911-2019 — Mary J. Stanley Anthony Stone, III, Cap- File No. 807-2019. Blassingale. tain of Fire, City of Cleveland. RE: #5239236. Transfer of Owner- Res. No. 912-2019 — Allie B. Ben- Received. ship Application, D1 D2 D3 D6. Lit- tle Rose LLC, 14206 Lorain Ave. nett. (Ward 16). Received. Res. No. 913-2019 — Billy J. Tan- File No. 788-2019. ton. Michael Dunst, Lieutenant of Res. No. 914-2019 — William Police, City of Cleveland. Received. File No. 808-2019. RE: #6599810. Stock Application, Edward Johnson. Res. No. 915-2019 — Larry Wilson. File No. 789-2019. D2 D2X D3 D6. Otani Noodle Down- town, Inc., 234 Euclid Ave. (Ward Res. No. 916-2019 — Cleola Luck- John Farnsworth, Lieutenant of 3). Received. ett. Police, City of Cleveland. Received. Res. No. 917-2019 — Quandale T. File No. 809-2019. Johnson. File No. 790-2019. RE: #9115175. Liquor Agency Con- Res. No. 918-2019 — Margaret (nee Kevin Kincaid, Jr., Lieutenant of tract Application. 2747 Food, Inc., Nunn) Miller. Police, City of Cleveland. Received. 2747 Cedar Ave. (Ward 5). Received. Res. No. 919-2019 — Mike Belkin, Sr. File No. 791-2019. File No. 810-2019. Res. No. 920-2019 — Jeannetta Timothy Maffo-Judd, Lieutenant RE: #8625138. New License Appli- Turner Camp. of Police, City of Cleveland. cation, D3A D6. Storybox Co., 4601 Res. No. 921-2019 — Joseph Ford Received. Payne Ave. (Ward 7). Received. Smith. Res. No. 922-2019 — Michael File No. 792-2019. File No. 811-2019. Thomas George. Mark Maguth, Lieutenant of RE: #1545224. Transfer of License Res. No. 923-2019 — Linda D. (nee Police, City of Cleveland. Received. Application, D1 D2 D3 D3A D6. Arnold) Figer. Cleveland Mofongo LLC, 11619 Res. No. 924-2019 — Richard “Dick” File No. 793-2019. Lorain Ave. (Ward 11). Received. DeLisle McKeon. Zina Martinez, Lieutenant of Res. No. 925-2019 — Joseph “Joe Police, City of Cleveland. Received. File No. 812-2019. the Barber” Sardelle. RE: #8108056. Transfer of Owner- File No. 794-2019. ship Application, C1 C2. Shines Bait CONGRATULATIONS RESOLUTIONS Heather Miksch, Lieutenant of & Tackle LLC, 1287 East 55th St. Police, City of Cleveland. Received. (Ward 10). Received. The rules were suspended and the following Resolutions were adopted File No. 795-2019. File No. 813-2019. without objection: Jennifer O’Shea, Lieutenant of RE: #22348151601. Transfer of Police, City of Cleveland. Received. Location Application, C1. Dolgen Res. No. 926-2019 — William Whit- Midwest LLC, 3170 East 91st St. ney. File No. 796-2019. (Received). Res. No. 927-2019 — Mildred Shawn Smith, Lieutenant of Whitaker Little. Police, City of Cleveland. Received. File No. 814-2019. Res. No. 928-2019 — Williams Fam- RE: #7345605. Transfer of License ily Reunion. File No. 797-2019. Application, C2 C2X. Riaz Corp., 5910 Res. No. 929-2019 — Rev. Timothy Ronald Weber, Lieutenant of Detroit Ave. (Ward 15). Received. H. Blake, Jr. Police, City of Cleveland. Received. Res. No. 930-2019 — Hansie File No. 815-2019. Solomon, Ford-Bryson Family File No. 798-2019. RE: #6968876. New License Appli- Reunion. Samuel DeVito, Jr., Captain of cation, D5. Plum Cafe LLC, 4133 Res. No. 931-2019 — Elsie Turner Fire, City of Cleveland. Received. Lorain Ave. (Ward 3). Received. – 80th Birthday. 1176 July 31, 2019 The City Record 5

Res. No. 932-2019 — Jacob T. Tin- COMMEMORATION RESOLUTIONS forth in the summary for the grant telnot. contained in the file described Res. No. 933-2019 — Gabriel A. The rules were suspended and the below. Ortiz. following Resolutions were adopted Section 2. That the summary for Res. No. 934-2019 — Ohio City without objection the grant, File No. 856-2019-A, made Pizzeria. a part of this ordinance as if fully Res. No. 935-2019 — Duncan Res. No. 953-2019 — Yoshiko Ikuta. rewritten, is approved in all respects Mackenzie Fraser. Res. No. 954-2019 — Henry R. Stou- and shall not be changed without Res. No. 936-2019 — Marshall dermire, Sr. additional legislative authority. Shorts. Section 3. That the Director of Res. No. 937-2019 — Mike Troha. FIRST READING EMERGENCY Aging is authorized to accept gifts Res. No. 938-2019 — St. Jerome ORDINANCES REFERRED of cash, materials, or equipment Catholic Church – 100th Anniver- from any public or private agency sary. Ord. No. 856-2019. for the purposes of this grant. The Res. No. 939-2019 — Luong Thi Gia By Council Members Griffin and Director is further authorized to file Hoa Ryan. Kelley (by departmental request). all papers and execute all docu- An emergency ordinance authoriz- ments necessary to receive the RECOGNITION RESOLUTIONS ing the Director of Aging to apply funds accepted under this ordinance, for and accept one or more grants and upon acceptance of the funds by The rules were suspended and the from the Western Reserve Area the Director, they shall be appropri- following Resolutions were adopted Agency on Aging for 2020-21 West- ated for the purposes of this ordi- without objection: ern Reserve Area Agency on Aging nance. Programs, including Supportive Ser- Section 4. That, unless expressly Res. No. 940-2019 — Triumph the vices and Aging and Disability prohibited by the grant agreement, Church & Kingdom of God in Christ. Resource Center Programs; and under Section 108(b) of the Charter, Res. No. 941-2019 — Bone Thugs-n- authorizing the director to accept purchases made under the grant Harmony – 25th Anniversary. agreement may be made through gifts from any public or private enti- Res. No. 942-2019 — Make Music cooperative arrangements with ty for the purposes of this grant. Cleveland. other governmental agencies. The Whereas, this ordinance consti- Res. No. 943-2019 — Cleveland Cul- Director of Aging may sign all doc- tutes an emergency measure provid- tural Gardens Federation-One World uments and do all things that are ing for the usual daily operation of Day, 2019. necessary to make the purchases, a municipal department; now, there- Res. No. 944-2019 — Richard Peery. and may enter into one or more con- Res. No. 945-2019 — Horizon Edu- fore, tracts with the vendors selected cation Center, Triskett Station. Be it ordained by the Council of through that cooperative process. Res. No. 946-2019 — William the City of Cleveland: The contracts will be paid from the “Tony” Parker. Section 1. That the Director of fund or funds to which are credited Res. No. 947-2019 — Jasmin San- Aging is authorized to apply for and any grant funds accepted under this tana. accept one or more grants in the ordinance, and cash donations. approximate amount of $300,000 per Section 5. That this ordinance is APPRECIATION RESOLUTIONS year during the grant term, and any declared to be an emergency mea- other funds that may become avail- sure and, provided it receives the The rules were suspended and the able during the grant term from the affirmative vote of two-thirds of all following Resolutions were adopted Western Reserve Area Agency on the members elected to Council, it without objection: Aging for 2020-21 Western Reserve shall take effect and be in force Area Agency on Aging Programs, immediately upon its passage and Res. No. 948-2019 — Vatreisha including Supportive Services and approval by the Mayor; otherwise it Nyemba. Aging and Disability Resource Cen- shall take effect and be in force Res. No. 949-2019 — Rob Curry. ter Programs; that the Director of from and after the earliest period Res. No. 950-2019 — Tom Joyner. Aging is authorized to file all allowed by law. Res. No. 951-2019 — Bonnie Van- papers and execute all documents Referred to Directors of Aging, Sickle. necessary to receive the funds under Finance, Law; Committees on Res. No. 952-2019 — Annie Sue the grant; and that the funds are Health and Human Services, Thomas. appropriated for the purposes set Finance.

Ord. No. 860-2019. By Council Members Griffin, Conwell, Johnson and Brancatelli (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue one or more permits to Univer- sity Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhance- ments” TLCI implementation project. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Capital Projects is authorized to issue one or more permits, revocable at the will of Council, to University Circle Inc., (“Permittee”) 10831 Magnolia Drive Cleveland Ohio 44106-1887, to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. The permit(s) authorized shall not be issued until the Manager of the Division of Engineering and Construction and the Director of Capital Projects have first reviewed and approved each specific encroachment location that Permittee requests.

BlueLink Primary/Secondary/Trailblazer designation 11. Little Italy-Univ. Circle RTA Station – West Primary New Pole 12. Mayfield Road & Circle Drive / Abington Arms Secondary New Pole 13. Ford Drive & Hessler Road / Uptown Secondary New Pole 14. Ford Drive & Juniper Road / Glidden House Secondary New Pole 15. Institute of Music Secondary New Pole 16. Hazel Drive & Magnolia Drive Secondary New Pole 17. Cleveland History Center / Magnolia West Secondary New Pole 18. VA Medical Center Secondary New Pole 19. Museum of Art Secondary New Pole 10. Botanical Garden / CWRU Law Secondary New Pole 1177 6 The City Record July 31, 2019

11. Ford Drive & Bellflower Road Secondary New Pole 12. Uptown / Ford Garage Primary New Pole 13. Mayfield Road & Circle Drive/Transplant House Secondary New Pole 14. Little Italy-Univ. Circle RTA Station – East Primary New Pole 15. Mayfield Road & East 126th Street Secondary New Pole 16. Mayfield Road & East 124th Street Secondary Existing Pole

GreenLink 11. Cedar - University RTA Station Primary New Pole 12. Murray Hill Road Secondary New Pole 13. Rainbow Babies & Children's Hospital Secondary Existing Pole 14. University Hospitals Secondary New Pole 15. Severance Hall Secondary New Pole 16. East Boulevard & Bellflower Road Secondary New Pole 17. Tinkham Veale University Center Secondary New Pole 18. Bellflower Road & Ford Drive Secondary New Pole 19. Hessler Court Secondary New Pole 10. CWRU NRV South Secondary New Pole 11. CWRU NRV North Secondary New Pole 12. Juniper Road Secondary New Pole 13. Ford Drive & Juniper Road Secondary New Pole 14. CWRU Quad / Adelbert Hall Secondary Existing Pole 15. CWRU quad / DeGrace Secondary Existing Pole 16. 1-2-1 Fitness / Veale Secondary New Pole 17. CWRU SRV / Murray Hill Secondary New Pole

Section 2. That the encroaching objects permitted shall conform to plans and specifications first approved by the Manager of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 3. That Permittee may assign a permit only with the prior written consent of the Director of Capital Projects. That nothing in this ordinance grants or shall be considered to grant to Permittee any right, privilege, or permission to use, or to attach or affix any object to poles owned by others; Permittee shall obtain such permission from the respective pole owner. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the director determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services and Properties, Development Planning and Sustainability.

Ord. No. 861-2019. a municipal department; now, there- with federal, state and local law By Council Members McCormack, fore, and under the approval of plans by Johnson and Brancatelli (by depart- Be it ordained by the Council of those deemed to have an easement mental request). the City of Cleveland: by right of law and the City of An emergency ordinance to vacate Section 1. That this Council Cleveland. a portion of East 6th Street. declares that the following Section 3. That provided all Whereas, under Resolution No. described real property is vacated: required approvals have been 354-15, adopted June 1, 2015, this obtained, the Manager of Engineer- Council declared its intention to East 6th Street (Vacation) ing and Construction is directed to vacate a portion of East 6th Street; Situated in the City of Cleveland, record the vacation plat in the office and County of Cuyahoga, and State of of the Recorder of Cuyahoga Coun- Whereas, notice of the adoption of Ohio and being part of Original Two ty. the above vacation was served on Acre Lot No. 102, further bounded Section 4. That the Clerk of Coun- the abutting property owners affect- and described as follows: cil is directed to transmit a copy of ed by the resolution which stated a Being all that portion of East 6th this ordinance to the Fiscal Officer time and place when objections Street (12.00 feet wide) extending of Cuyahoga County. would be heard before the Board of from the south right of way of Section 5. That this ordinance is Revision of Assessments; and Prospect Avenue S.E. (82.5 feet declared to be an emergency mea- wide) southerly to the north right Whereas, on October 13, 2015, the sure and, provided it receives the of way of Huron Road (94 feet Board of Revision of Assessments affirmative vote of two-thirds of all wide). approved the above vacation under the members elected to Council, it Legal Description approved by the provisions of Section 176 of the Greg Esber, Section Chief, Plats, shall take effect and be in force Charter of the City of Cleveland; Surveys and House Numbering Sec- immediately upon its passage and and tion. approval by the Mayor; otherwise it Whereas, this Council is satisfied Section 2. That there is reserved shall take effect and be in force that there is good cause for vacat- a permanent easement as required from and after the earliest period ing a portion of the above and that by law to any public utility with a allowed by law. it will not be detrimental to the gen- current use or occupation within the Referred to Directors of Capital eral interest and that it should be above described vacated portion of Projects, City Planning Commission, made; and the street, highway or road. Finance, Law; Committees on Munic- Whereas, this ordinance consti- That no structures shall be erect- ipal Services and Properties, Devel- tutes an emergency measure provided on the above described vacated opment Planning and Sustainability, ing for the usual daily operation of area except those in compliance Finance. 1178 July 31, 2019 The City Record 7

Ord. No. 864-2019. Be it ordained by the Council of of special assessments under the By Council Members Griffin, Bran- the City of Cleveland: provisions of this ordinance showing catelli and Kelley (by departmental Section 1. That the Project Peti- the amount of the special assess- request). tion and the Project Plan placed in ments against each lot or parcel of An emergency ordinance approv- File No. 864-2019-A are approved, and land to be assessed in accordance ing the addition of certain property this Council consents to the addition with the Project Petition and the to the Northeast Ohio Advanced of the Property to the District. Project Plan. When the special Energy District; accepting and assessments have been filed, the Section 2. That it is determined approving a petition and plan from Clerk of Council shall cause notice and declared necessary and con- a property owner in the District iden- of the adoption of this ordinance tifying a special energy improve- ducive to the public health, conve- and the filing of the estimated spe- ment project, declaring it necessary nience, and welfare of the City to cial assessments to be served in the to conduct the special energy conduct the special energy improve- manner provided by law on the own- improvement project providing for ments as defined in the Project Plan ers of all lots and parcels to be the assessment of the cost of such for a 20-year period and that the assessed. special energy improvement project; Property will be specifically bene- Section 6. That the Director of and authorizing the Director of Eco- fited by the special energy improve- Economic Development is autho- nomic Development to enter into an ment projects and shall be assessed rized, on behalf of the City, to nego- Energy Project Cooperative Agree- to pay for the costs of the special tiate and enter into an Energy ment and a Special Assessment energy improvement projects, calcu- Project Cooperative Agreement and Agreement to implement the project; lated based on an Energy Project a Special Assessment Agreement to and declaring an emergency. Cooperative Agreement between the provide for the calculation, imposi- Whereas, this Council adopted City, the District, the Lender, and tion, and payment of the special Resolution No. 1078-10 and passed the Owner (the “Cooperative Agree- assessments. Ordinance No. 1551-13, which autho- ment”). Section 7. That any such agree- rized the City of Cleveland to estab- Section 3. That the Project Plan ments shall be prepared by the lish and participate in the Northeast placed in the above-mentioned file is Director of Law. Ohio Advanced Energy District, for- approved at an estimated total cost Section 8. That the Director of merly known as the Cleveland First- of $780,873.20 which is sufficient to Economic Development is autho- Suburbs Development Council pay the costs of the Project, includ- rized to charge and accept fees in Advanced Energy Special Improve- ing other related financing costs set an amount not to exceed the maxi- ment District (the “District”); and forth in the Project Petition and mum allowable fees under federal Whereas, the District is an ener- that the Special Assessments are regulations and the fees are appro- gy special improvement district levied and assessed on the Proper- priated to cover costs incurred in formed under Chapter 1710 of the ty. The interest portion of the Spe- the preparation of the loan applica- Ohio Revised Code (the “Revised cial Assessments, which shall tion, closing, and servicing of the Code”) and is authorized to levy accrue at the annual rate of 6.45%, special assessment. The fees shall assessment to pay costs for devel- together with amounts used to pay be deposited to and expended from oping and implementing plans for administrative expenses, has been 17 SF 305, Loan Fees Fund. public improvements and public ser- determined by the District to be sub- Section 9. That this Council finds vices that benefit the energy special stantially equivalent to the fair mar- and determines that all formal improvement district; and ket rate that would have been borne actions of this Council concerning Whereas, Chapter 1710 of the by notes or bonds issued by the Dis- and relating to the passage of this Revised Code authorizes property trict. ordinance were passed in an open owners to petition the City to add The Special Assessments are to be meeting of this Council and that all their property to the District and assessed against the Property com- deliberations of this Council and of request the imposition of a special mencing in tax year 2019 for collec- any of its committees that resulted assessment on their property to sup- tion in 2020 and shall continue in those formal actions were in port a special energy improvement through tax year 2038 for collection meetings open to the public in com- project; and in 2039; provided, however, if the pliance with the law. Whereas, Superior Road Apart- proceedings relating to the Special Section 10. That this ordinance is ments (the “Owner”) is the owner of Assessments are completed at such declared to be an emergency mea- Permanent Parcel No. 128-08-009, time that the County Fiscal Officer sure and, provided it receives the located at 11201 Shaker Boulevard, of Cuyahoga County, Ohio deter- affirmative vote of two-thirds of all Cleveland, Ohio, 44104 (the “Proper- mines that collections shall not com- the members elected to Council, it ty”), which constitutes one hundred mence in 2020, then the collection shall take effect and be in force percent of the property proposed to schedule may be deferred by one immediately upon its passage and be added to the District, and has year. The semi-annual installment of approval by the Mayor; otherwise it submitted a petition (the “Project the Special Assessments shall be col- shall take effect and be in force Petition”) to the City and the Dis- lected in each calendar year equal from and after the earliest period trict requesting that the Property be to a maximum semi-annual amount allowed by law. added to the District and that a spe- of Special Assessments as shown in Referred to Directors of Econom- cial assessment be placed upon the the Project Petition. ic Development, Finance, Law; Com- Property to secure the Project All Special Assessments shall be mittees on Development Planning Advance (as that term is defined in certified by the Clerk of Council to and Sustainability, Finance. the Cooperative Agreement) from the County Fiscal Officer pursuant to the Petition and Chapter 727.33 of Greenworks Lending LLC (the Ord. No. 865-2019. the Revised Code to be placed on “Lender”) to fund the special ener- By Council Members Kazy, Bran- the tax list and duplicate and col- gy improvement project further catelli and Kelley (by departmental lected with and in the same manner described in the plans and specifi- request). as real property taxes are collected cations (the “Project Plan”) An emergency ordinance authoriz- and as set forth in the Project Peti- ing the Director of Economic Devel- attached to the Project Petition; and tion. Whereas, the District has opment to enter into an amendment The Special Assessments shall be to Contract No. 60399 with BPDC reviewed and approved the Project allocated among the parcels consti- Building Ltd., to forgive the balance Petition and the Project Plan and, tuting the Property as set forth in of the loan payments. under Section 1710.02(E) of the the Project Petition and the List of Whereas, in 2002, BPDC Building Revised Code, the Project Petition Special Assessments attached to the and the Project Plan are to be Project Petition. Ltd. (“BPDC”), entered loan agree- approved or disapproved by ordi- Section 4. That no notes or bonds ment No 60399 with the City to nance of this Council within sixty of the City of Cleveland shall be assist with acquisition and redevel- days of filing of the Project Petition issued in anticipation of the levy or opment of a retail center at 14701 with the City; and collection of the special assess- Puritas Avenue in the amount of Whereas, this ordinance consti- ments. $200,000; and tutes an emergency measure provid- Section 5. That the Commissioner Whereas, BPDC has been making ing for the usual daily operation of of Assessments and Licenses is regular principal and interest pay- a municipal department; now, there- authorized to prepare and file in the ments according to the terms of the fore, Office of the Clerk of Council a list loan; and 1179 8 The City Record July 31, 2019

Whereas, BPDC has indicated that Referred to Directors of Econom- Whereas, the Director wishes to the building revenue and market ic Development, Finance, Law; Com- amend the Contract to use the comparables have decreased over mittees on Development Planning $300,000 originally authorized in the last few years and they need to and Sustainability, Finance. Ordinance No. 560-17 (that was not invest over $120,000 in roof and certified) and obtain authority to HVAC replacement in the next three Ord. No. 866-2019. certify an additional $90,000 from years; and By Council Members Conwell, Fund No. 17 SF 076 and any eligible Whereas, with the revenue reduc- Brancatelli and Kelley (by depart- CORE City funds to fund the amend- tion, the City’s loan payments mental request). ment; and impede BPDC’s ability to get financ- An emergency ordinance authoriz- Whereas, this ordinance consti- ing needed to re-invest in the building the Director of Economic Devel- tutes an emergency measure providing; and opment to enter into an amendment ing for the usual daily operation of Whereas, BPDC has requested to Contract No. CT 9501 LA 2018*024 a municipal department; now, therefore, that the remaining balance of with Cleveland Citywide Develop- Be it ordained by the Council of approximately $47,122.13 on Contract ment Corporation for additional the City of Cleveland: No. 60399 be forgiven; and funds relating to the buildout of the Whereas, this ordinance consti- Section 1. That the Director of retail incubator space. Economic Development is autho- tutes an emergency measure provid- Whereas, under Ordinance No. 560- ing for the usual daily operation of rized to enter into an amendment to 17, passed August 16, 2017, this Contract No. CT 9501 LA 2018*024 a municipal department; now, there- Council authorized the Director of fore, with Cleveland Citywide Develop- Economic Development (“Director”) ment Corporation to provide addi- Be it ordained by the Council of to enter into an agreement with the City of Cleveland: tional funds to finance buildout Cleveland Citywide Development Section 1. That the Director of related expenses at the NTI Retail Corp. (“CCDC”), to provide a pro- Economic Development is autho- Incubator Site. gram of forgivable loans that Section 2. That the amendment rized to enter into an amendment to improved retail facilities in one or shall be prepared by the Director of Contract No. 60399 with BPDC to for- Law. give the balance of the payments more mixed-use developments Section 3. That the cost of the due under the contract in the (“Retail Incubator Program”) in an amendment shall not exceed $390,000 approximate amount of $47,122.13. aggregate amount not to exceed $1.3 and shall be paid from Fund No. 17 Section 2. That the amendment million dollars; and SF 076 and any eligible CORE City shall include other terms and condi- Whereas, under Ordinance No. 560- funds as described in Section 2 of tions that the Director of Law deter- 17, the Director entered into Con- tract No. CT 9501 LA 2018*024 Ordinance No. 560-17, passed August mines are necessary to protect the 16, 2017. (RQS 9501, RL 2019-71). City of Cleveland. (“Contract”) with CCDC, in an amount not to exceed $1 million dol- Section 4. That this ordinance is Section 3. That the amendment declared to be an emergency mea- lars, ($300,000 less than the Ordi- shall be prepared by the Director of sure and, provided it receives the nance originally authorized) to Law. affirmative vote of two-thirds of all provide funding to assist with the Section 4. That this ordinance is the members elected to Council, it declared to be an emergency mea- buildout and financial feasibility of shall take effect and be in force sure and, provided it receives the the first Neighborhood Transforma- immediately upon its passage and affirmative vote of two-thirds of all tion Initiative Retail Incubator approval by the Mayor; otherwise it the members elected to Council, it located at 1400 East 105th Street shall take effect and be in force shall take effect and be in force (“NTI Retail Incubator Site”); and from and after the earliest period immediately upon its passage and Whereas, during the buildout at allowed by law. approval by the Mayor; otherwise it the NTI Retail Incubator Site addi- Referred to Directors of Econom- shall take effect and be in force tional unforeseen expenses were ic Development, Finance, Law; Com- from and after the earliest period realized that exceeded the Contract mittees on Development Planning allowed by law. amount by $390,000; and and Sustainability, Finance.

Ord. No. 867-2019. By Council Members Brancatelli and Kelley (by departmental request). An emergency ordinance authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. Whereas, under Section 5709.41 of the Revised Code, improvements to real property may be declared to be a public purpose where fee title to the real property was, at one time, held by the City of Cleveland and the real property is then leased or conveyed by the City; and Whereas, the City has entered into the chain of title for the Property which is more particularly described in this ordinance (the “Real Property”) pursuant to the requirements of Section 5709.41 of the Revised Code prior to the passage of this ordinance; and Whereas, the Real Property is to be developed in accordance with the Cleveland 2020 Citywide Plan, a copy of which is placed in File No. 867-2019-A; and Whereas, under Section 5709.41 of the Revised Code , the improvements declared to be a public purpose may be exempt from real property taxation; and Whereas, under Section 5709.41 of the Revised Code, the owners of the improvements may be required to make annual service payments in lieu of taxes that would have been paid had the improvement not been exempt; and Whereas, under Section 5709.41 of the Revised Code, the exemption may exceed 75% of the improvements for up to 30 years when a portion of the service payments so collected are distributed to the Cleveland Metropolitan School District (“District”) in an amount equal to the amount the District would have received had the improvement not been exempt; and Whereas, the District has been notified of the intent to enter into the agreement authorized by this ordinance in compliance with Sections 5709.41(C)(4) and 5709.83 of the Revised Code; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the improvements to be constructed by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, (“Redeveloper”), are declared to be a public purpose for purposes of Section 5709.41 of the Revised Code (the “Improvements”). The Real Property is more fully described as follows: 1180 July 31, 2019 The City Record 9

LEGAL DESCRIPTION OF 6.1348 ACRE PARCEL OF LAND OF PART OF P.P.N. 010-31-001 AND -002 HINCKLEY INDUSTRIAL PARKWAY, CLEVELAND Situated in the City of Cleveland, County of Cuyahoga and State of Ohio and known as being part of Block “L” in the Resubdivision of Jennings Freeway Industrial Park of part of Original Brooklyn Township Lot No. 79 as shown by the plat recorded in Volume 233, Page 36 of Cuyahoga County Map Records and bounded and described as follows: Beginning at the intersection of the centerline of Hinckley Industrial Parkway (60 feet wide) as shown on the Dedicated Plat recorded in Volume 229, Page 28 and Volume 229, Page 48 of Cuyahoga County Map Records and the centerline of Schaaf Road (50 feet wide) as shown on the Centerline Survey Plat recorded in Volume 361, Page 36 of Cuyahoga County Map Records; Thence North 29°22'36" East along the centerline of Hinckley Industrial Parkway, passing through a 1" iron pin (0.00 feet north and 0.04 feet west) in a monument box at 25.00 feet, 104.46 feet to a 1" iron pin in a monument box (0.19 feet north and 0.00 feet east) at a point of curvature; Thence along the curved centerline of Hinckley Industrial Parkway deflecting to the left, an arc of 206.29 feet with a delta of 19°41'58", said curve having a radius of 600.00 feet and a chord that bears North 1931'37" East, 205.28 feet to a 1" iron pin in a monument box at a point of tangency; Thence South 80°19'22" East, 30.00 feet to the easterly right of way of Hinckley Industrial Parkway and being the PRINCIPAL PLACE OF BEGINNING of the premises herein described; Thence North 09°40'38" East along the easterly right of way of Hinckley Industrial Parkway, 409.03 feet to the southwesterly corner of land described to Wesco Real Estate I, LLC (P.P.N. 010-29-010) by the deed dated March 07, 2003 and recorded in AFN. 200303071303 of Cuyahoga County Deed Records; Thence South 78°22'40" East along the southerly line of land so described to Wesco Real Estate I, LLC and being the southerly line of Sublot No. 10 of The Map of Lot Split recorded in Volume 239, Page 59 of Cuyahoga County Map Records, 630.45 feet to a southeasterly corner therein; Thence North 17°57'33" East along an easterly line of land so described to Wesco Real Estate I, LLC and being the easterly line of said Sublot No. 10, 80.00 feet to a southwesterly corner of land described to John A. Litteria and D. Litteria (P.P.N. 010-31-004) by deed dated June 11, 1976 and recorded in Volume 14255, Page 527 of Cuya- hoga County Deed Records; Thence South 01°56'46" East, 220.02 feet to the northerly line of land described to Kiwi Real Estate Holdings Ltd. (P.P.N. 010-31-005) by deed dated March 18, 2015 and recorded in AFN. 201503180464 of Cuyahoga County Deed Records; Thence South 88°03'14" West along the northerly line of land so described to Kiwi Real Estate Holdings Ltd., 79.67 feet to the northwesterly corner therein; Thence South 01°55'18" East along the westerly line of land so described to Kiwi Real Estate Holdings Ltd. 203.46 feet to a northerly line of land so described to Manolis Investments LLC (P.P.N. 010-31-003) by deed dated May 21, 2010 and AFN. 201005210211 of Cuyahoga County Deed Records; Thence South 87°33'52 West along a northerly line of land so described to Manolis Investments LLC, 323.09 feet to a northwesterly corner therein; Thence North 08°26'16" East, 3.37 feet to an angle point; Thence North 80°19'22" West along a northerly line of so described to Manolis Investments LLC, 333.48 feet to the curved easterly right of way of said Hinckley Industrial Parkway; Thence along the curved easterly right of way of Hinckley Industrial Parkway deflecting to the left, an arc of 28.49 feet with a delta of 2°35'29", said curve having a radius of 630.00 feet and a chord that bears North 1058'23" East, 28.49 feet to the PRINCIPAL PLACE OF BEGINNING and containing 6.1348 acres (267,231 Sq.Ft) of land as land as described by Edward B. Dudley, PS No. 6747 of the Riverstone Company in May of 2019 and subject to all legal highways, restrictions, reservations and easements.

Basis of Bearings: The centerline of Hinckley Industrial Parkway in the dedication of Hinckley Industrial Parkway as North 09°40'38" East as shown on the plat recorded in Volume 229, Page 28 and 48 of Cuyahoga County Map Records.

Deed of Reference: Land described to Jennings Freeway Industrial Park, an Ohio general partnership, by deed dated July 6, 1983 and recorded in Volume 83-00188, Page 833 of Cuyahoga County Deed Records. Section 2. That one hundred percent (100%) of the Improvements are declared exempt from real property taxation for a period of fifteen years, effective and commencing the first year the value of the Improvements are reflected on the tax duplicate; and that in no event shall the exemption period extend beyond 2035. The terms of the agreement are as follows:

DEPARTMENT OF ECONOMIC DEVELOPMENT

SUMMARY FOR THE LEGISLATIVE FILE

Project Name: Strike Force Recipient: Jennings Freeway Industrial Park, an Ohio general partnership, and/or designee Project Manager: Richard Barga Ward/Councilperson: 12 - Brancatelli City Assistance: ORC 5709.41 Non-School TIF Project Site: Hinckley Industrial Parkway & Schaaf Rd. 1181 10 The City Record July 31, 2019

Company Background The Ray Fogg Building Methods, Inc. began their first real estate developments in the late 1960s. Since that time, Fogg has developed numerous industrial and business parks, flex properties, industrial facilities, office buildings, retail properties and recreational facilities. Fogg has become known for its real estate development and leasing as well as for its work as a design/builder of conventional industrial, office and retail facilities. Today Ray Fogg offers a full range of services to its customers including design-build construction, engineering, real estate development, leasing, property management, real estate investment, land development and asset management.

Project Summary In 2017, the Federal government approached regional law enforcement authorities with the opportunity to develop a Strike Force. Strike Force is an effort to coordinate law enforcement efforts to better combat organized crime, especially focused on drug trafficking. Participants in the Strike Force include federal organizations (FBI, Homeland Security, U.S. Marshals, Border Patrol, IRS) and local organizations (County Sheriff, Cleveland Police, other suburban police forces). The Strike Force project will be housed in a build-to-suit building located in the Jennings Freeway Industrial Park off Schaff Rd. The property is the only remaining undeveloped parcel in the industrial park. The parcel has significant grading and site development challenges that are not ideal for an industrial user, but workable for a build-to-suit office-type tenant like Strike Force. The development team anticipates 143 members of Strike Force employed at the site, with an income of $14.3 Million. 118 of those would be relocated from other Cleveland offices, while 25 would be new to the City. If the program proves successful, there is the potential for additional job creation. The building anticipates growth in the various entities and can accommodate up to 79 additional employees, which are expected to come to the project site over the next 5-10 years. While the development will be occupied by the government, it will be developed privately and thus taxable. The incentive is required in order to write down the costs of a custom-build, single-use building to a rent that is fixed by government procurement requirements.

Proposed City Assistance • ORC 5709.41 Non-School TIF

Economic Impact • Project estimates the retention of 118 full time equivalent jobs, with payroll estimate at $11,800,000. • Estimated job creation of 25 full time equivalent jobs 1182 July 31, 2019 The City Record 11

• Additional annual payroll for new jobs is $2.5 M. • Estimated additional annual City income tax $62,500

City Requirements • Project is subject to Chapter 187: MBE/FBE/CSB requirements • Project is subject to Chapter 188: Fannie Lewis Cleveland Resident Employment Law • Project is subject to Davis-Bacon prevailing wage requirements

Section 3. That, under Section 5709.41 of the Revised Code, Redeveloper, or the owners of the Improvements, shall make service payments for a period of fifteen years in lieu of the exempt taxes to the Cuyahoga County Fiscal Officer or Treasurer, or designee; the payments shall be charged and collected in the same manner, and shall be in an amount not less than the taxes that would have been paid had the Improvements not been exempt from taxation. Section 4. That a portion of the service payments collected under this ordinance shall be distributed by the Cuyahoga County Fiscal Officer or Treasurer, or designee to the Treasurer of the District in the amount of the taxes that would have been payable to the District had the Improvements not been exempt from taxation. Section 5. That the Director of Economic Development is authorized to enter into an agreement or agreements with Redeveloper to provide for the exemption and service payments described in this ordinance, including agreements securing the payments described in this ordinance, which agreement or agreements shall contain those terms contained in this ordinance. Section 6. That when applicable under Section 5709.43 of the Revised Code, there is established an Urban Rede- velopment Tax Increment Equivalent Fund into which shall be deposited Service Payments in Lieu of Taxes (“PILOTS” or “Service Payments”) that shall be used for financing the public purpose Improvements including project debt service, bond payments, and reimbursement of project construction costs, or for other economic development purposes as determined by the Director of Economic Development. Section 7. That it is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in open meetings of this Council, and any of its committees that resulted in formal action were in meetings open to the public in compliance with the law. Section 8. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Referred to Directors of Economic Development, City Planning Commission, Finance, Law; Committees on Devel- opment Planning and Sustainability, Finance.

Ord. No. 868-2019. (1) Request the depository to depositories shall be for a period of By Council Member Kelley (by apply in writing for all or a portion not to exceed two (2) years unless departmental request). of the City’s public deposits on or extended under the terms of the An emergency ordinance to amend before a date specified in the notice; agreement, provided that, if more Sections 178.03, 178.05, 178.06, and (2) Identify the term of the pro- than one (1) depository is designat- 178.07 of the Codified Ordinances of posed agreement with the deposito- ed an eligible depository, the period Cleveland, Ohio, 1976, as amended ry, which period shall not exceed be of such designations shall be the by various ordinances, relating to two (2) years unless extended under same for all of the eligible deposi- the deposit and investment of City the terms of the agreement; tories. The Director of Finance shall funds. (3) Require each depository to consider the following in making Whereas, this ordinance consti- submit in its application for desig- such designation: tutes an emergency measure provid- nation as an eligible depository the (1) The rate or rates of interest ing for the usual daily operation of following: paid on active deposits; a municipal department; now, there- A. The amount of the City’s active (2) The convenience of the loca- fore, deposits that the depository will tion of the depository’s offices; Be it ordained by the Council of accept for deposit; (3) The service charges, if any, the City of Cleveland: B. The rate or rates of interest, if that will have to be paid for the ser- Section 1. That the following sec- any, that will be paid on the City’s vices of the depository; tions of the Codified Ordinances of active deposits; (4) The financial stability of the Cleveland, Ohio, 1976: C. The location of the depository’s depository; Section 178.03 as amended by Ordi- offices in the City or, if no offices (5) Compliance with the require- nance No. 2353-93, passed February are located in the City, the location ments of Sections178.04 through 14, 1994, of its nearest offices; 178.07; Section 178.05, as amended by D. A complete listing of all ser- (6) Such additional information as Ordinance No. 1233-15, passed vices provided by the depository and may be required by the cash man- November 9, 2015, and the amount of any service charges agement and investment policy pro- Section 178.06, as amended by to be paid by the City for such ser- mulgated pursuant to Section 178.14; Ordinance No. 2353-93, passed Feb- vices; and ruary 14, 1994, and E. Audited financial statements of (7) Any terms or conditions of the Section 178.07, as amended by the depository; depository before accepting the Ordinance No. 45-03, passed January F. The information, statement and City’s active deposits. 13, 2003 affidavit required by Sections 178.04 (c) The Director of Finance shall are amended to read as follows: to 178.07; and submit the names of all eligible G. Such other data or information depositories to the City Council at Section 178.03 Designation of Eli- deemed relevant by the Director of the time of their designation by the gible Depositories Finance. Director. The City Council shall (a) The City Treasurer shall pro- The application submitted by the have thirty (30) days from the date vide written notification by mail depository shall be used by the of submission of the names by the notification, electronically or writ- Director of Finance to designate the Director of Finance to disapprove ten by first-class mail, to all depos- City’s eligible depositories in accor- the designation of any depository as itories having an office which dance with division (b) of this sec- an eligible depository. Upon expira- receives deposits within the City, tion and shall be made available to tion of the thirty (30) day period, and such other depositories as deter- the Council for review. the Director of Finance may enter mined by the Director of Finance, at (b) The Director of Finance shall into a contract pursuant to Section least sixty (60) days prior to the designate one (1) or more deposito- 178.08 with any eligible depository date of designation of eligible ries as the eligible depository or eli- not disapproved by the City Council depositories by the Director of gible depositories of the City’s within the thirty (30) day period. Finance pursuant to division (b) of active deposits. The designation of (d) As an exception to the process this section. Such notice shall: such eligible depository or eligible set forth in divisions (a), (b) and 1183 12 The City Record July 31, 2019

(c) of this section, the Director of (1) for the entire City, (b) (2) for it has executed a Community Rein- Finance is authorized to designate each Statistical Planning Area with- vestment Initiative. as an eligible depository any depos- in the City, (c) (3) for all of Cuya- itory which did not receive the writ- hoga County, (d) (4) for minority Section 178.06 Annual Submission ten notification required by division business enterprises in each Statis- and Review of Disclosure; Creation (a) of this section and which has tical Planning Area within the City of Reinvestment Review Committee; opened an office which receives and for the entire City, and (e) (5) Annual Report deposits in the City during the term for female business enterprises in (a) On an annual basis, each eli- of a contract entered into pursuant each Statistical Planning Area with- gible depository shall submit to the to Section 178.08 with the City’s in the City and for the entire City; Director of Finance Community other eligible depositories. Any (3) (c) The most recent annual Development the information set depository seeking such designation report or SEC 10-K report with quar- forth in Section 178.05, as well as a shall submit an application in writ- terly financial updates; statement describing its new level ing to the Director of Finance con- (4) (d) A statement with of participation in residential and taining the information specified in timetable(s) describing current and commercial development as required division (a)(3) of this section and proposed initiatives to address the in the sworn affidavit set forth in the Director of Finance shall con- credit needs of the City, its resi- Section 178.07. sider the factors delineated in divi- dents and businesses, including low This information and this state- sion (b) of this section in making and moderate income and minority ment shall be used to determine such designation. The period of such residents, in the following cate- whether the eligible depository has designation and the term of the con- gories: acted in compliance with its sworn tract entered into with the eligible A. (1) Home purchase mortgage affidavit and whether it will be con- depository pursuant to Section 178.08 loans; sidered for designation as an eligi- shall expire on the same date that B. (2) Mortgage loans to non-occu- ble depository in the future and as the contracts with the City’s other pant borrowers for small rental well as to inform policy decisions by eligible depositories expire. The properties; the City regarding investment of Director of Finance shall notify the C. (3) Home improvement loans; City funds and purchase of services. Council of the name of any eligible D. (4) Small personal loans; All such information required in depository designated pursuant to E. (5) Consumer product(s) and this section will be available for this division but the provisions of service(s); public inspection. division (c) of this section shall not F. (6) Commercial loan product(s) (b) The annual review process apply and the Director of Finance is for small businesses, minority busi- will be administered by the Rein- authorized to enter into a contract ness enterprises and female busi- vestment Review Committee, com- with the eligible depository pur- ness enterprises; posed of eight (8) members, suant to Section 178.08 upon desig- G. (7) Participation in City-spon- including: nation. sored neighborhood development (1) The Director of Finance, who (e) The limitations on the aggre- programs and consortiums.; shall serve as Chairman Chairper- gate amount of public monies (as H. (8) Equitable contributions to son and shall select committee mem- defined in the Uniform Depository community based non-profit organi- bers as set forth below; Act) which may be deposited with zations in the City; (2) One (1) member of the admin- eligible depositories as set forth in I. (9) Provision of full service istration chosen from the Depart- the Uniform Depository Act shall be banking in City neighborhoods; ment of Economic Development; applicable to deposits made by the J. Reserved; (3) One (1) member of the admin- City in eligible depositories pur- K. (10) Program to market loan istration chosen from the Depart- suant to this chapter. products and services throughout ment of Community Development; the City to include (1) (i) low and (4) One (1) representative from Section 178.05 Annual Lending moderate income neighborhoods, (2) the citywide bank clearinghouse; Disclosure and Affidavit of Intent (ii) minority neighborhoods, (3) (6) (5) Two (2) members of com- (a) Any depository desiring des- (iii) small businesses, (4) (iv) munity organizations whose princi- ignation as an eligible depository minority business enterprises and pal purpose is neighborhood shall submit to the Director of (5) (v) female business enterprises; development; and Finance, the following information L. (11) Goals established for ser- (5) (6) Two (2) members of from needed for evaluation of policies vice and production levels for target City Council chosen by City Coun- and practices regarding housing and groups identified in K. above. cil.; and economic development of such (5) (e) The affidavit set forth in (6) Two (2) members of commu- depository: Section 178.07, executed by a duly nity organizations whose principal The Director of Community Devel- authorized officer of such financial purpose is neighborhood develop- opment, shall collect, evaluate, and institution; ment; and analyze and provide to the Director (6) (f) The most recent “Commu- The Committee shall coordinate of Finance, a report summarizing nity Reinvestment Act Statement” the implementation of Sections his or her findings relating to the issued by the depository; 178.05 to 178.07, inclusive. The Com- following information which must (7) (g) The most recent “Commu- mittee shall issue a report analyz- be submitted by any depository nity Reinvestment Act Evaluation” ing and evaluating the information desiring designation as an eligible issued by the federal regulatory contained in the depository applica- depository: agency authorized to conduct such tions submitted pursuant to division (1) (a) Residential Lending Infor- evaluations; (a) of Section 178.03 prior to sub- mation. The total number and the (8) (h) A copy of the depository’s mission of the names of the eligible total dollar value of residential branch closing policy; depositories by the Director of loans for one (1) to four (4) family (9) (i) A written initiative (a Finance to the Council pursuant to dwellings applied for and originat- “Community Reinvestment Initia- division (c) of Section 178.03. In the ed during the previous calendar tive”) regarding community rein- report, the Committee shall make a year in each of the following cate- vestment within the City containing recommendation to City Council as gories: provisions acceptable to the Director to which institutions have acted in A. (1) Home purchase loans, both of Community Development; compliance with their sworn affi- federally subsidized and convention- (10) (j) Information regarding the davit and any applicable federal law al; number of minorities, females and requirements. B. (2) Refinancings of home pur- City residents employed by the chase loans; depository as lending officers and Section 178.07 Affidavit C. (3) Home improvement loans; as members of its board of directors The affidavit required by division D. (4) Home equity loans; and senior management staff; (a) of Section 178.05 shall be in the E. (5) Multi-family loans; and (11) (k) Any additional informa- following form and shall contain the F. (6) Non-occupant loans. tion requested by the Director of information herein required: These totals shall be provided for Finance Community Development. the entire City, for each Statistical Except where otherwise specified, STATE OF OHIO Planning Area within the City and the information shall be made on COUNTY OF CUYAHOGA for all of Cuyahoga County. forms provided by or prescribed by SS: AFFIDAVIT OF INTENT (2) (b) Commercial Lending Infor- the Director of Finance Community I, ______, a duly-autho- mation. The total number and the Development. rized representative of ______total dollar value of commercial (b) No depository shall be eligible (hereinafter “Financial Institu- loans applied for and originated dur- to be designated as an eligible tion”), being first sworn, depose and ing the previous calendar year (a) depository under this chapter unless say as follows: 1184 July 31, 2019 The City Record 13

1. That for the purpose of becom- Section 178.05, as amended by the members elected to Council, it ing an eligible depository for active Ordinance No. 1233-15, passed shall take effect and be in force deposits of the City of Cleveland, November 9, 2015, immediately upon its passage and the undersigned affiant states that Section 178.06, as amended by approval by the Mayor; otherwise it it Financial Institution will develop Ordinance No. 2353-93, passed Feb- shall take effect and be in force or continue lending and financing ruary 14, 1994, and from and after the earliest period opportunities and make “best Section 178.07, as amended by allowed by law. efforts” to undertake a defined lend- Ordinance No. 45-03, passed January Referred to Directors of Finance, ing program of committed action in 13, 2003 Law; Committee on Finance. support of residential and commer- are repealed. cial development in Cleveland’s Section 3. That this ordinance is Ord. No. 870-2019. neighborhoods. declared to be an emergency mea- By Council Member Kelley (by Affiant states that such best sure and, provided it receives the departmental request). efforts shall include, but are not lim- affirmative vote of two-thirds of all An emergency ordinance authoriz- ited to: the members elected to Council, it ing the Director of Finance to enter A. The presence of identifiable shall take effect and be in force into one or more contracts with trained personnel in real estate with immediately upon its passage and Automatic Data Processing, Inc. for sole responsibility and lending approval by the Mayor; otherwise it professional services necessary to authority and a clearly defined shall take effect and be in force acquire one or more licenses for an focus on “neighborhood develop- from and after the earliest period integrated payroll and human ment” finance as defined in Section allowed by law. resources information system, for 178.04 of the Codified Ordinances of Referred to Directors of Finance, check processing services, reports, Cleveland, Ohio, 1976. Law; Committee on Finance. training, implementation and sup- B. Cooperation with and support port, for a period of one year, with of non- profit neighborhood develop- Ord. No. 869-2019. a one-year option to renew, exercis- ment organizations in the successful By Council Member Kelley (by able by the Director of Finance. implementation of “neighborhood departmental request). Whereas, this ordinance consti- development” finance, through vehi- An emergency ordinance authoriz- tutes an emergency measure provid- cles such as grants, below-market ing the Director of Finance to enter ing for the usual daily operation of financing and equity investments. into an amendment to Contract No. a municipal department; now, there- C. A willingness to participate in MA 1505 RCD 2015-93 with Webtech fore, the financing of publicly-subsidized Wireless Inc. dba InterFleet Inc. Be it ordained by the Council of neighborhood development projects. relating to the automated vehicle the City of Cleveland: D. A commitment to affirmatively locator system, for a period not to Section 1. That the Director of market and make available banking exceed one year. Finance is authorized to enter into services throughout Cleveland’s Whereas, under Ordinance No. 832- one or more contracts with Auto- neighborhoods. 14, passed March 2, 2015, as amend- matic Data Processing, Inc. for pro- E. The cooperative establishment ed by Ordinance No. 710-15, passed fessional services necessary to of investment services through July 22, 2015, this Council autho- acquire one or more licenses for an incentive programs such as linked rized the Director of Public Utilities integrated payroll and human deposits and compensating balance to enter into Contract No. MA 1505 resources information system, for transactions. RCD 2015-93 with Webtech Wireless check processing services, reports, 2. Further, the affiant certifies Inc. dba InterFleet Inc. relating to training, implementation and sup- that neither [insert institution desir- hosting, maintaining, and replacing, port, for a period of one year, with ing to become City depository] as needed, components of the auto- a one-year option to renew, exercis- Financial Institution, nor any of its mated vehicle locator system; and able by the Director of Finance. The affiliates, (i) will make predatory Whereas, the City desires to compensation to be paid for the ser- loans as defined in Chapter 659 of extend the term; and vices shall be fixed by the Board of the Codified Ordinances of the City Whereas, this ordinance consti- Control. of Cleveland, Ohio, 1976; (ii) will tutes an emergency measure provid- Section 2. That the Director of violate RC Section 1349.27 of the ing for the usual daily operation of Finance is authorized to enter into Ohio Revised Code. a municipal department; now, there- any third-party software license 3. Further, the affiant agrees to fore, agreements necessary to effectuate submit the information required in Be it ordained by the Council of the purposes of this ordinance. Section 178.05 of the Codified Ordi- the City of Cleveland: Section 3. The contract or con- nances of Cleveland, Ohio, 1976, to Section 1. That the Director of tracts shall be paid from fund the Director of Finance Community Finance is authorized to enter into approved by the Director of Finance. Development on an annual basis. an amendment to Contract No. MA Section 4. That this ordinance is 4. Further, the affiant agrees to 1505 RCD 2015-93 with Webtech declared to be an emergency mea- submit statements and information Wireless Inc. dba InterFleet Inc. to sure and, provided it receives the of such affirmative participation as extend the term, for a period not to affirmative vote of two-thirds of all required in this affidavit which has exceed one year. the members elected to Council, it occurred within the annual review Section 2. That the costs of the shall take effect and be in force period. amendment shall be paid from the immediately upon its passage and Section 2. That the following funds approved by the Director of approval by the Mayor; otherwise it existing sections of the Codified Finance. shall take effect and be in force Ordinances of Cleveland, Ohio, 1976: Section 3. That this ordinance is from and after the earliest period Section 178.03 as amended by Ordi- declared to be an emergency mea- allowed by law. nance No. 2353-93, passed February sure and, provided it receives the Referred to Directors of Finance, 14, 1994, affirmative vote of two-thirds of all Law; Committee on Finance.

Ord. No. 871-2019. By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 6, 26, 27, 31, 32, 34, 36, 38, 48, 49 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the following: Section 6 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 443-2019, passed April 22, 2019, Section 26 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 262-19, passed March 4, 2019, Section 27 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 262-19, passed March 4, 2019, Section 31 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 707-16, passed July 13, 2016, and Ordinance No. 321-018, passed March 26, 2018, 1185 14 The City Record July 31, 2019

Section 32 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 318-17, passed April 10, 2017, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 730-18, passed June 4, 2018, Section 34 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 1335-18, passed November 12, 2018, Section 36 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016 and Ordinance No. 1214-17, passed October 23, 2017, Section 38 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 846-17, passed October 9, 2017, and Ordinance No. 321-18, passed March 26, 2018, Section 48 of Ordinance No. 323-15, passed March 30, 2015, Ordinance No. 858-15, passed August 19, 2015, Ordi- nance No. 650-16, passed June 6, 2016, Ordinance No. 1343-16, passed November 21, 2016, Ordinance No. 950-17, passed September 18, 2017, Ordinance No. 320-18, passed March 26, 2018, Ordinance No. 730-18, passed June 4, 2018, and Ordinance No. 1334-18, passed November 12, 2018, Section 49 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Section 51 of Ordinance No. 323-15, passed March 30, 2015, Ordinance No. 1405-18, passed December 3, 2018, Ordi- nance No. 66-2019, passed January 28, 2019, and Ordinance No. 665-19, passed June 3, 2019 are amended to read as follows:

Section 6. Department of Law. That the Director of Law shall fix the salary of each member of his staff of lawyers in accordance with the following schedule:

CIVIL BRANCH Minimum Maximum 1. Assistant Director of Law I...... $26,250.00 $86,986.00 2. Assistant Director of Law I(s)...... 26,250.00 93,199.31 ...... 93,204.80 3. Assistant Director of Law II ...... 31,500.00 105,625.89 4. Assistant Director of Law II(s) ...... 31,500.00 117,574.68 5. Chief Assistant Director of Law ...... 31,500.00 136,692.31 6. Chief Corporate Counsel ...... 36,750.00 150,470.11 7. Chief Counsel ...... 36,750.00 150,470.11 8. Chief Trial Counsel...... 36,750.00 150,470.11 9. Deputy Law Director...... 36,750.00 150,470.11

CRIMINAL BRANCH 1. Chief Assistant Prosecutor...... 36,750.00 150,470.11 2. First Assistant Prosecutor ...... 31,500.00 136,692.31 3. Deputy Assistant Prosecutor ...... 23,100.00 105,625.89 4. Assistant Prosecutor ...... 23,100.00 105,625.89

Section 26. Municipal Foremen and Laborer’s Union (Chartered: Municipal, County & State Employees’ Union Local 1099, AFL-CIO)(Non-Supervisory). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accident and Safety Inspector...... $23.49 $24.44 2. Arborist I ...... 20.81 21.65 3. Asphalt Tamper...... 25.29 37.91 4. Bricklayer Helper ...... 25.96 38.94 3. 5. Cemeteries Maintenance Man I ...... 18.86 19.62 4.. 6. Cemeteries Maintenance Man II ...... 28.02 29.15 5. 7. Cold Patch and Crack Sealing Worker ...... 20.47 21.30 6. 8. Engineering and Construction Inspector...... 22.12 23.01 7. 9. Gardener ...... 20.81 21.65 8. 10. Ground Maintenance Man ...... 18.86 19.62 11. Jackhammer Operator ...... 25.29 37.91 9. 12. Laborer I ...... 18.86 19.62 10. 13. Mechanical Handyman...... 19.57 20.36 11. 14. Municipal Service Laborer...... 18.86 19.62 15. Paver...... 25.63 38.46 12. 16. Practical Nurse ...... 20.99 21.84 13. 17. Radio Operator...... 21.28 22.14 14. 18. Real Estate Maintenance Man ...... 19.82 20.62 15. 19. Sidewalk Inspector ...... 20.42 21.25 16. 20. Street Permit Supervisor ...... 18.82 19.58 17. 21. Street Sweeper - Waste Collection ...... 18.41 19.16 18. 22. Transfer Station Attendant...... 24.50 25.49 19. 23. Waste Collector ...... 18.86 19.62

Section 27. Municipal Foremen and Laborer’s Union (Chartered: Municipal, County & State Employees’ Union Local 1099, AFL-CIO)(Supervisory) That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Field Foreman ...... $23.32 $24.27 2. Arborist II ...... 23.68 24.63 3. Asphalt Construction Unit Leader...... 26.37 39.56 1186 July 31, 2019 The City Record 15

3. 4. Assistant Manager of Parks and Urban Forestry...... 28.31 29.46 4. 5. Assistant Superintendent of Waste Collection ...... 28.95 30.12 5. 6. Cemetery Foreman ...... 23.33 24.28 6. 7. Cemetery Supervisor ...... 26.42 27.49 7. 8. Chief Engineering and Construction Inspector ...... 28.77 29.94 8. 9. Cold Patch and Crack Sealing Foreman...... 26.54 27.61 9. 10. Custodial Worker Supervisor ...... 21.78 22.66 10. 11. General Construction Foreman...... 35.41 36.84 11. 12. General Shop Foreman ...... 28.97 30.14 12. 13. Greenskeeper ...... 24.13 25.10 13. 14. Ground Maintenance Crew Foreman...... 20.18 20.99 14. 15. Ground Maintenance Foreman...... 23.33 24.28 15. 16. Horticulturist ...... 32.55 33.86 16. 17. Horticulturist Maintenance Foreman ...... 25.88 26.93 17. 18. Labor Foreman ...... 23.32 24.27 18. 19. Maintenance Foreman ...... 22.43 23.34 19. 20. Parking Coordinator ...... 24.50 25.49 21. Paving Unit Leader ...... 26.37 39.56 20. 22. Set-Up Foreman...... 19.85 20.66 23. Superintendent of Construction Equipment ...... 26.37 39.56 21. 24. Street Maintenance Foreman...... 23.32 24.27 22. 25. Street Maintenance General Foreman...... 28.97 30.14 23. 26. Waste Collection Foreman ...... 23.32 24.27 24. 27. Waste Collection Foreman I ...... 25.36 26.39

Section 31. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accounts Receivable Manager ...... 20,800.00 85,000.00 2. Administrative Officer ...... $20,800.00 $58,499.94 3. Billing Analyst ...... 20,800.00 70,000.00 4. Cable Protection Specialist ...... 20,800.00 41,314.46 5. Case Worker Supervisor...... 20,800.00 49,942.38 ...... 51,959.86 6. Chief Caseworker Supervisor ...... 22,426.64 50,729.94 7. Chief Clerk ...... 22,050.00 52,504.47 8. Chief Photographer ...... 20,800.00 56,521.12 9. Chief Telephone Operator...... 20,800.00 55,253.61 10. Economic Development Specialist ...... 40,000.00 53,105.35 11. Epidemiologist...... 40,000.00 91,405.96 12. Personnel Analyst I...... 21,000.00 52,182.05 13. Public Health Emergency Preparedness Specialist...... 30,160.00 58,910.68 14. Safety Programs Officer I...... 25,000.00 73,126.73 15. Safety Programs Officer II...... 25,000.00 53,255.53 16. Secretary to Board of Examiner of Board of Review (Electrical) ...... 20,800.00 43,927.25 17. Secretary - Boxing and Wrestling Commission ...... 30,573.46 40,109.95 18. Superintendent of Maintenance ...... 23,606.98 63,186.02 19. Supervisor of Income Tax Files ...... 20,800.00 43,927.24

Section 32. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Supervisor...... $21,019.66 67,178.06 2. Assistant Custodian ...... 20,800.00 53,513.57 3. Assistant Superintendent of Electrical Generation ...... 21,019.66 62,634.69 4. Bridge Inspector...... 20,800.00 46,051.26 5. Bureau Manager – Housing...... 26,797.11 90,711.92 6. Bureau Manager – Demolition...... 26,797.11 90,711.92 7. Bureau Manager – Building ...... 26,797.11 90,711.92 8. Cable Production Manager ...... 20,800.00 102,766.79 9. Chief Bridge Operator...... 20,800.00 55,386.52 10. Chief Safety Signal System ...... 18.60 40.64 11. Chief Sidewalk Inspector...... 20,800.00 50,732.20 12. Chief Street Permit Inspector ...... 20,800.00 48,254.00 13. Chief of Traffic Signal Unit ...... 18.60 42.29 14. Community Development Code Enforcement Inspector Supervisor ...... 34,464.91 62,784.85 15. Correctional Supervisor...... 20,800.00 56,521.12 16. Demolition Contract Specialist ...... 26,797.11 104,508.04 16. 17. District Forester...... 31,043.38 64,423.99 17. 18. Environmental Assistant...... 20,800.00 56,521.12 18. 19. Field Operations Forester...... 32,445.00 66,858.11 19. 20. General Superintendent of Waste Collection ...... 30,473.96 70,412.06 20. 21. Instrumentation Supervisor ...... 29,200.50 74,148.12 1187 16 The City Record July 31, 2019

21. 22. Parking Meter Foreman...... 24,679.38 46,829.65 22. 23. Printing Foreman ...... 28,404.92 57,522.83 23. 24. Print Services Technical Specialist ...... $10.00 $40.00 24. 25. Supervisor of Parking Enforcement Unit ...... 20,800.00 44,904.32 25. 26. Supervisor of Markets...... 20,800.00 49,942.38 26. 27. Supervisor of Weights and Measures ...... 20,800.00 70,264.38 27. 28. Survey Party Chief ...... 20,800.00 62,194.14 28. 29. Surveyor Intern...... 30,000.00 60,000.00 ...... 60,008.00

Section 34. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Superintendent ...... $20,800.00 $69,713.09 2. AMR Data Analyst...... 20,800.00 72,883.76 3. Assistant Commissioner of Recreation...... 20,800.00 79,225.56 4. Assistant Contract Compliance Officer ...... 20,800.00 62,770.08 5. Assistant Income Tax Financial Supervisor...... 20,800.00 62,770.08 6. Assistant Manager of Audit Control and Personnel..... 20,800.00 64,967.92 7. Assistant Manager of Recreation...... 20,800.00 62,770.08 8. Auditor ...... 20,800.00 65,000.00 9. Auditor II...... 31,200.00 68,000.00 10. Chief of the Demolition Bureau ...... 20,800.00 62,770.08 11. City Planner...... 30,000.00 67,032.85 12. Deputy Commissioner of Recreation-Fiscal Control...... 20,800.00 82,319.13 13. Deputy Project Director ...... 20,800.00 69,383.29 14. Desktop Publishing Specialist ...... 20,800.00 64,170.48 15. District Supervisor - Environmental Health ...... 20,800.00 67,032.85 16. GIS Technician ...... 20,800.00 52,519.19 17. Income Tax Supervisor...... 20,800.00 72,000.00 18. Office of Professional Standards - Standards Research/Analyst ...... 20,800.00 62,770.08 19. Recreation Center Manager ...... 32,500.00 79,225.56 20. Reporter/Producer TV20 ...... 20,800.00 75,084.85 21. Senior Electric Transmissions Operator ...... 20,800.00 60,059.65 22. Senior Tax Auditor ...... 20,800.00 65,000.00 23. Superintendent of Vehicle Administrative Services ...... 20,800.00 78,184.48 24. Supervisor Administrative Services-Data Processing Center ...... 20,800.00 62,770.08 25. Talent Development Assistant...... 20,800.00 66,452.85 26. Talent Development Specialist ...... 20,800.00 80,386.51 27. Welfare Liaison ...... 20,800.00 62,770.08

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

Minimum Maximum 1. Accounts Payable Manager...... $22,333.40 $77,171.05 2. Airport Operations Superintendent...... 23,333.40 72,693.58 ...... 87,832.16 3. Airport Security Coordinator ...... 23,333.40 70,234.84 4. Assistant Airport Safety Chief/ Training Officer ...... 23,333.40 70,234.84 5. Human Resources Program Planning & Management Specialist ...... 22,333.40 70,234.84 6. Assistant Manager of Stage ...... 22,333.40 70,234.84 7. Chief Engineer-Traffic...... 22,333.40 81,827.04 8. Chief of Air Pollution Outreach ...... 34,008.00 82,706.96 9. Chief of Bureau of Accounts and Collections...... 22,333.40 85,000.00 10. Chief of Bureau of Smoke Abatement ...... 22,333.40 70,234.84 11. Chief of Tax Auditing Bureau...... 22,333.40 85,000.00 12. Chief of Tax Records Bureau ...... 22,333.40 70,234.84 13. Chief Senior Electric Switchboard Operator ...... 22,333.40 88,335.12 14. Deputy Commissioner of Purchases and Supplies ...... 22,333.40 83,008.39 15. Grants Administrator...... 22,333.40 83,008.39 16. Health Center Director ...... 22,333.40 83,008.39 17. Human Resources Fiscal Administrator...... 22,333.40 70,234.84 18. Income Tax Financial Supervisor ...... 22,333.40 70,234.84 19. Manager of Assigned Maintenance...... 22,333.40 81,827.04 20. Manager of Parks and Recreation Research and Planning ...... 22,333.40 81,827.04 ...... 84,999.82 21. Manager of Parks and Urban Forestry ...... 22,333.40 81,827.04 22. Manager of Site Development...... 22,333.40 81,827.04 23. Prevailing Wage Coordinator ...... 27,193.50 74,349.61 24. Project Director ...... 22,333.40 88,646.98 25. Programming Supervisor...... 22,333.40 70,234.84 1188 July 31, 2019 The City Record 17

26. Superintendent of Sidewalks ...... 22,333.40 70,234.84 27. Warehouse Inventory Manager ...... 22,333.40 88,646.98 28. Water Business Plan Assistant Manager...... 22,333.40 88,646.98

Section 38. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Deputy Bailiff ...... $27,491.00 $62,641.52 1. Airport Maintenance Manager ...... $26,273.96 $98,678.77 2. Airport Operations Manager ...... 26,273.96 98,678.77 3. Airport Safety Chief ...... 26,273.96 98,678.77 4. Assistant Commissioner of Administrative Services..... 26,273.96 98,678.77 5. Assistant Commissioner of Airports ...... 30,214.95 114,691.24 6. Reserved 7. Assistant Commissioner of Cleveland Public Power .... 27,325.56 134,991.09 8. Assistant Commissioner of Code Enforcement...... 26,273.96 98,678.77 9. Assistant Commissioner of Construction Permitting .... 26,273.96 98,678.77 10. Assistant Commissioner of Information Technology and Services ...... 23,647.11 94,883.60 ...... 97,277.44 11. Assistant Commissioner of Motor Vehicles Maintenance ...... 26,273.96 98,678.77 12. Assistant Commissioner of Real Estate ...... 26,273.96 98,678.77 13. Assistant Commissioner of Neighborhood Services ...... 26,273.96 98,678.77 14. Assistant Commissioner of Streets...... 26,273.96 98,678.77 15. Assistant Commissioner of Water Pollution Control.... 26,273.96 98,678.77 16. Assistant Director of Community Relations Board...... 26,273.96 98,678.77 17. Assistant Income Tax Administrator...... 26,273.96 125,000.00 18. Assistant Superintendent of Electric Transmission and Distribution ...... 26,273.96 93,856.07 19. Building and Housing Executive Assistant...... 26,273.96 98,678.77 20. Business Process Specialist ...... 40,000.00 80,000.00 21. Chief of Air Pollution Enforcement...... 22,333.40 88,646.98 22. Chief of Air Pollution Engineering ...... 22,333.40 88,646.98 23. Chief of Air Pollution Monitoring ...... 22,333.40 88,646.98 24. Chief Civil Service Examiner ...... 26,273.96 78,184.48 25. Chief of Water Distribution ...... 26,273.96 101,400.83 26. Chief Training Officer...... 26,273.96 78,184.48 27. City Hall Custodian ...... 26,273.96 78,184.48 28. Community Development Executive Assistant...... 26,273.96 98,678.77 29. Contract Compliance Officer...... 26,273.96 78,184.48 30. Deputy Budget Administrator...... 26,273.96 91,088.49 31. Deputy Commissioner of Accounts ...... 26,273.96 97,598.31 32. Deputy Commissioner of Air Pollution Control...... 26,273.96 91,088.49 33. Deputy Commissioner of Convention Center and Stadium ...... 26,273.96 91,088.19 34. Deputy Commissioner of Convention Center...... 26,273.96 91,088.49 35. Deputy Commissioner of Environment...... 26,273.96 91,088.49 36. Deputy Commissioner of Information Technology and Systems Services ...... 30,214.95 110,366.61 37. Deputy Commissioner of Maintenance ...... 26,273.96 91,088.49 38. Deputy Commissioner of Park and Urban Forestry..... 26,273.96 91,088.49 39. Deputy Commissioner of Parks and Urban Forestry/Golf Courses and Cemeteries ...... 26,273.96 91,088.49 40. Deputy Commissioner of Recreation ...... 26,273.96 91,088.49 41. Director of Public Health Nurses...... 26,273.96 91,088.49 42. Fair Housing Administrator ...... 31,500.00 97,243.90 43. General Manager of Administrative Services...... 26,273.96 100,653.14 44. Human Resources Program Planning & Management Administrator...... 26,273.96 91,088.49 45. Office of Professional Standards Administrator...... 26,273.96 78,184.48 46. Personnel Administrator ...... 26,273.96 91,088.49 47. Senior Budget and Management Analyst...... 26,273.96 88,147.99 48. Superintendent of Motorized Equipment ...... 26,273.96 78,184.48 49. Utilities Comptroller ...... 26,273.96 98,837.83 ...... 98,837.86

Section 48. Hourly Rate – Cleveland Building and Construction Trades Council. Compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Effective Date Minimum Maximum 1. Asbestos Worker (Insulator) ...... 8/1/18 $48.44 $60.55 2. Boiler Maker ...... 1/1/18 53.09 66.36 ...... 1/1/19 54.21 67.76 1189 18 The City Record July 31, 2019

3. Bricklayer ...... 5/1/18 41.12 51.40 ...... 5/1/19 42.01 52.11 4. Bricklayer Foreman ...... 5/1/18 41.45 42.37 ...... 5/1/19 42.77 43.26 5. Carpenter...... 5/1/18 40.76 50.95 ...... 5/1/19 41.84 52.30 6. Carpenter Foreman...... 5/1/18 40.97 42.01 ...... 5/1/19 42.01 43.09 7. Cement Finisher ...... 5/1/18 40.80 51.00 ...... 5/1/19 41.64 52.05 8. Cement Finisher Foreman...... 5/1/18 41.21 42.05 ...... 5/1/19 42.05 42.89 9. Electrical Worker ...... 5/1/18 47.03 58.79 ...... 5/1/19 47.86 59.82 10. Electrical Worker Foreman...... 5/1/18 47.67 48.28 ...... 5/1/19 48.28 49.11 11. Glazier...... 5/1/18 39.19 48.99 ...... 5/1/19 39.99 49.99 12. Ironworker ...... 5/1/18 45.29 56.61 ...... 5/1/19 46.41 58.01 13. Ironworker Foreman...... 5/1/18 45.42 46.54 ...... 5/1/19 46.54 47.66 14. Painter...... 5/1/18 35.50 44.37 15. Painter Foreman ...... 5/1/18 36.09 36.75 16. Pipefitter (Welder) ...... 5/1/18 49.98 62.47 17. Pipefitter Foreman ...... 5/1/18 50.11 51.23 18. Plasterer ...... 5/1/18 38.07 47.59 19. Plasterer Foreman...... 5/1/18 38.91 39.32 20. Plumber (Welder)...... 5/1/18 49.64 62.05 21. Plumber Foreman ...... 5/1/18 49.37 50.89 22. Roofer ...... 4/28/18 41.34 51.67 23. Sheet Metal Worker ...... 5/1/18 50.75 63.44 24. Sheet Metal Worker Foreman...... 5/1/18 50.96 52.00

Section 49. Hourly Rate - 1099 Crafts Compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Effective Date Minimum Maximum 1. Asphalt Construction Unit Leader...... 3/31/2015 $26.37 $39.56 2. Asphalt Tamper...... 3/31/2015 25.29 37.91 3. Bricklayer Helper ...... 3/31/2015 25.96 38.94 4. Jackhammer Operator ...... 3/31/2015 25.29 37.91 5. Paver...... 3/31/2015 25.63 38.46 6. Paving Unit Leader ...... 3/31/2015 26.37 39.56 7. Superintendent of Construction Equipment ...... 3/31/2015 26.37 39.56

Section 49. Reserved.

Section 51. Municipal Court Employees. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Deputy Bailiff ...... $27,491.00 $62,641.52 2. Deputy Bailiff Administrative Assistant I ...... 34,167.00 54,858.71 3. Deputy Bailiff Administrative Assistant II ...... 39,167.00 72,690.12 4. Deputy Bailiff Alcohol & Drug Treatment Coordinator/Drug Court Case Manager ...... 48,750.00 78,274.01 5. Deputy Bailiff Assistant Chief of Security ...... 48,750.00 78,274.01 6. Deputy Bailiff Assistant Jury Commissioner ...... 44,167.00 70,245.91 7. Deputy Bailiff Central Scheduler ...... 27,492.00 58,277.35 8. Deputy Bailiff Chief Bailiff ...... 42,000.00 103,027.32 9. Deputy Bailiff Chief Court Reporter ...... 52,500.00 84,295.10 10. Deputy Bailiff Chief Deputy Bailiff ...... 58,333.00 93,661.20 11. Deputy Bailiff Chief Magistrate ...... 71,667.00 115,069.48 12. Deputy Bailiff Chief of Security ...... 48,750.00 84,773.96 13. Deputy Bailiff Chief Probation Officer...... 58,333.00 103,027.32 14. Deputy Bailiff Chief Social Worker...... 48,750.00 84,295.10 15. Deputy Bailiff Clerical Staff...... 27,492.00 58,277.35 16. Deputy Bailiff Clerk Typist ...... 24,525.00 55,039.33 17. Deputy Bailiff Clerk Typist Supervisor ...... 39,167.00 62,886.81 18 . Deputy Bailiff Court Administrator ...... 79,167.00 127,111.64 18a. Deputy Bailiff Court Interpreter II...... 45,493.00 54,590.00 18b. Deputy Bailiff Court Interpreter Coordinator ...... 50,213.00 60,255.00 1190 July 31, 2019 The City Record 19

19. Deputy Bailiff Court Reporter...... 36,509.00 67,072.58 20. Deputy Bailiff Database Administrator II ...... 52,500.00 96,043.55 21. Deputy Bailiff Data Processor I ...... 27,083.00 43,485.56 22. Deputy Bailiff Deputy Chief Court Reporter ...... 48,750.00 78,274.01 23. Deputy Bailiff Deputy Court Administrator ...... 71,667.00 115,069.48 24. Deputy Bailiff Deputy Director Central Scheduling..... 48,750.00 78,274.01 25. Deputy Bailiff Deputy Director Information Technology 64,167.00 103,027.32 26. Deputy Bailiff Director Central Scheduling...... 52,500.00 102,604.78 27. Deputy Bailiff Director Information Technology ...... 71,667.00 115,069.48 28. Deputy Bailiff Drug Court Coordinator...... 52,500.00 84,295.10 29. Deputy Bailiff Finance Director...... 52,500.00 84,295.10 30. Deputy Bailiff HR/Personnel Director...... 58,333.00 93,661.20 31. Deputy Bailiff Intake Coordinator...... 34,167.00 54,858.71 32. Deputy Bailiff Jury Commissioner ...... 48,750.00 78,274.01 33. Deputy Bailiff Law Clerk ...... 41,600.00 52,000,00 34. Deputy Bailiff Magistrate ...... 58,333.00 102,604.78 35. Deputy Bailiff Magistrate Project Coordinator ...... 39,167.00 70,245.91 36. Deputy Bailiff Network Engineer I ...... 39,167.00 62,886.81 37. Deputy Bailiff Network Engineer II ...... 44,167.00 77,549.25 38. Deputy Bailiff Network Engineer III...... 52,500.00 84,295.10 39. Deputy Bailiff Office Manager...... 48,750.00 78,274.01 40. Deputy Bailiff Pretrial Services Intake Officer...... 31,220.00 62,886.81 ...... 31,200.00 41. Deputy Bailiff Pretrial Services Release Officer...... 34,035.00 67,097.11 42. Deputy Bailiff Pretrial Services Supervision Officer ... 34,035.00 67,097.11 43. Deputy Bailiff Pretrial Services Coordinator ...... 48,750.00 78,274.01 44. Deputy Bailiff Pretrial Services Director ...... 58,333.00 93,661.20 45. Deputy Bailiff Private Secretary...... 33,554.00 45,453.57 46. Deputy Bailiff Probation Officer Supervisor ...... 48,750.00 78,274.01 47. Deputy Bailiff Probation Systems Administrator/Trainer 48,750.00 78,274.01 48. Deputy Bailiff Probation Training Coordinator ...... 44,167.00 70,245.91 49. Deputy Bailiff Program Analyst I ...... 39,167.00 62,886.81 50. Deputy Bailiff Program Analyst II...... 52,500.00 84,295.10 51. Deputy Bailiff Project Manager II...... 64,167.00 103,027.32 52. Deputy Bailiff Psychiatric Social Worker...... 34,167.00 54,858.71 53. Deputy Bailiff Psychology Assistant...... 27,083.00 43,485.56 54. Deputy Bailiff Public Information Officer ...... 48,750.00 84,776.96 55. Deputy Bailiff Special Projects Officer ...... 48,750.00 78,274.01 56. Deputy Bailiff Supervisor...... 44,167.00 70,245.91 57. Deputy Bailiff System Analyst II...... 52,500.00 84,295.10 58. Deputy Bailiff Technical Support Specialist I...... 27,083.00 49,749.57 59. Deputy Bailiff Technical Support Specialist II ...... 39,167.00 62,886.81 60. Deputy Bailiff Technical Support Specialist III ...... 44,167.00 70,245.91 61. Deputy Bailiff Warrant Officer ...... 27,492.00 62,886.81 62. Probation Officer General ...... 34,035.00 67,097.11 63. Personal Bailiff ...... 63,969.00 85,591.85

Section 2. That the following existing: Section 6 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 443-2019, passed April 22, 2019, Section 26 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 262-19, passed March 4, 2019, Section 27 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, and Ordinance No. 262-19, passed March 4, 2019, Section 31 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 707-16, passed July 13, 2016, and Ordinance No. 321-018, passed March 26, 2018, Section 32 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 318-17, passed April 10, 2017, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 730-18, passed June 4, 2018, Section 34 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 1335-18, passed November 12, 2018, Section 36 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016 and Ordinance No. 1214-17, passed October 23, 2017, Section 38 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 846-17, passed October 9, 2017, and Ordinance No. 321-18, passed March 26, 2018, Section 48 of Ordinance No. 323-15, passed March 30, 2015, Ordinance No. 858-15, passed August 19, 2015, Ordi- nance No. 650-16, passed June 6, 2016, Ordinance No. 1343-16, passed November 21, 2016, Ordinance No. 950-17, passed September 18, 2017, Ordinance No. 320-18, passed March 26, 2018, Ordinance No. 730-18, passed June 4, 2018, and Ordinance No. 1334-18, passed November 12, 2018, 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. Referred to Directors of Human Resources, Finance, Law; Committee on Finance. 1191 20 The City Record July 31, 2019

Ord. No. 872-2019. a period of one year, with two one- affirmative vote of two-thirds of all By Council Member Kelley (by year options to renew, exercisable the members elected to Council, it departmental request). by the Director of Human shall take effect and be in force An emergency ordinance authoriz- Resources. immediately upon its passage and ing the Director of Human Resources The selection of the consultants or approval by the Mayor; otherwise it to exercise the second option to firms of consultants for the services shall take effect and be in force renew Contract No. CT 0402, PS 2017- shall be made by the Board of Con- from and after the earliest period 227 with The Fedeli Group to ana- trol on the nomination of the Direc- allowed by law. lyze health care providers, benefits, tor of Human Resources from a list Referred to Directors of Port Con- and claims, and to evaluate propos- of qualified consultants or firms of trol, Finance, Law; Committees on als received for benefit management consultants available for employ- Transportation, Finance. services, among other things. ment as may be determined after a Whereas, under the authority of full and complete canvass by the Ord. No. 875-2019. Ordinance No. 1031-16, passed Sep- Director of Human Resources for By Council Members Cleveland tember 26, 2016, the Director of the purpose of compiling a list. The and Kelley (by departmental Human Resources entered into Con- compensation to be paid for the ser- request). tract No. CT 0402, PS 2017-227 with vices shall be fixed by the Board of An emergency ordinance authoriz- The Fedeli Group to analyze health Control. The contract or contracts ing the Director of Port Control to care providers, benefits, and claims, authorized shall be prepared by the exercise the first option to renew and to evaluate proposals received Director of Law, approved by the Contract No. CT 3001, LS 2017-027 for benefit management services, Director of Human Resources and with CHA Consulting, Inc. to pro- among other things; and certified by the Director of Finance. vide for the use and occupancy of Whereas, Ordinance No. 1031-16 Section 2. That the cost of con- certain space located on the second requires further legislation before tract or contracts authorized shall floor of the passenger terminal exercising the second option to be paid from Fund No. 01-0402-6320, building at Burke Lakefront Air- renew on this contract; and RQS 0402, RLA 2019-46. port. Whereas, this ordinance consti- Section 3. That this ordinance is Whereas, under the authority of tutes an emergency measure provid- declared to be an emergency mea- Ordinance No. 1302-16, passed Janu- ing for the usual daily operation of sure and, provided it receives the ary 30, 2017, the Director of Port a municipal department; now, there- affirmative vote of two-thirds of all Control entered into Contract No. CT fore, the members elected to Council, it 3001, LS 2017-027 with CHA Consult- Be it ordained by the Council of shall take effect and be in force ing, Inc. to provide for the use and immediately upon its passage and the City of Cleveland: occupancy of certain space located approval by the Mayor; otherwise it Section 1. That the Director of on the second floor of the passenger shall take effect and be in force Human Resources is authorized to terminal building at Burke Lake- from and after the earliest period exercise the second option to renew front Airport.; and allowed by law. Contract No. CT 0402, PS 2017-227 Whereas, Ordinance No. 1302-16 Referred to Directors of Human requires further legislation before with The Fedeli Group to analyze Resources, Finance, Law; Committee exercising the first option to renew health care providers, benefits, and on Finance. on this contract; and claims, and to evaluate proposals Whereas, for the use of the received for benefit management Ord. No. 874-2019. Leased premises, CHA Consulting, services, among other things. This By Council Members Cleveland Inc. shall pay the City an annual fee ordinance constitutes the additional and Kelley (by departmental as specified in the contract; and legislative authority required by request). Whereas, this ordinance consti- Ordinance No. 1031-16 to exercise An emergency ordinance authoriz- tutes an emergency measure provid- this option. ing the Director of Port Control to ing for the usual daily operation of Section 2. That this ordinance is exercise the second option to renew a municipal department; now, there- declared to be an emergency mea- Contract No. CT 3001 PS 2017-191 fore, sure and, provided it receives the with Airports Council International Be it ordained by the Council of affirmative vote of two-thirds of all to provide customer service satis- the City of Cleveland: the members elected to Council, it faction surveys, data collection, Section 1. That the Director of shall take effect and be in force reporting, and benchmarking, and Port Control is authorized to exer- immediately upon its passage and similar type services for the Depart- cise the first option to renew Con- approval by the Mayor; otherwise it ment of Port Control. tract No. CT 3001, LS 2017-027 with shall take effect and be in force Whereas, under the authority of CHA Consulting, Inc. for the use from and after the earliest period Ordinance No. 363-17, passed April and occupancy of certain space allowed by law. 24, 2017, the Director of Port Control located on the second floor of the Referred to Directors of Finance, entered into Contract No. CT 3001 PS passenger terminal building at Law; Committee on Finance. 2017-191 with Airports Council Inter- Burke Lakefront Airport. This ordi- national to provide customer service nance constitutes the additional leg- Ord. No. 873-2019. satisfaction surveys, data collection, islative authority required by By Council Member Kelley (by reporting, and benchmarking, and Ordinance No. 1302-16 to exercise departmental request). similar type services for the Depart- this option. An emergency ordinance authoriz- ment of Port Control; and Section 2. That this ordinance is ing the Director of Human Resources Whereas, Ordinance No. 363-17 declared to be an emergency mea- to employ one or more professional requires further legislation before sure and, provided it receives the consultants for the administration of exercising the second option to affirmative vote of two-thirds of all Family and Medical Leave Act bene- renew on this contract; and the members elected to Council, it fits for City employees, for a period Whereas, this ordinance consti- shall take effect and be in force of one year, with two one-year tutes an emergency measure provid- immediately upon its passage and options to renew, exercisable by the ing for the usual daily operation of approval by the Mayor; otherwise it Director of Human Resources. a municipal department; now, there- shall take effect and be in force Whereas, this ordinance consti- fore, from and after the earliest period tutes an emergency measure provid- Be it ordained by the Council of allowed by law. ing for the usual daily operation of the City of Cleveland: Referred to Directors of Port Con- a municipal department; now, there- Section 1. That the Director of trol, Finance, Law; Committees on fore, Port Control is authorized to exer- Transportation, Finance. Be it ordained by the Council of cise the second option to renew Con- the City of Cleveland: tract No. CT 3001 PS 2017-191 with Ord. No. 876-2019. Section 1. That the Director of Airports Council International to By Council Members Cleveland Human Resources is authorized to provide customer service satisfac- and Kelley (by departmental employ by contract or contracts one tion surveys, data collection, report- request). or more consultants or one or more ing, and benchmarking, and similar An emergency ordinance authoriz- firms of consultants for the purpose type services for the Department of ing the Director of Port Control to of supplementing the regularly Port Control. This ordinance consti- enter into a Lease Agreement with employed staff of the several depart- tutes the additional legislative Ultimate JetCharters, LLC dba Ulti- ments of the City of Cleveland in authority required by Ordinance No. mate Air Shuttle, LLC for the lease order to provide professional ser- 363-17 to exercise this option. of certain space located in the pas- vices necessary for the administra- Section 2. That this ordinance is senger terminal building at Burke tion of Family and Medical Leave declared to be an emergency mea- Lakefront Airport, for the Depart- Act benefits for City employees, for sure and, provided it receives the ment of Port Control, for a period of 1192 July 31, 2019 The City Record 21 two years, with three one-year Whereas, this ordinance consti- and paint removal on roadways, run- options to renew, the first of which tutes an emergency measure provid- ways and other paved surfaces, for requires additional legislative ing for the usual daily operation of the various divisions of the Depart- authority. a municipal department; now, there- ment of Port Control, for a period of Whereas, this ordinance consti- fore, two years with two one-year options tutes an emergency measure provid- Be it ordained by the Council of to renew, the first of which is exer- ing for the usual daily operation of the City of Cleveland: cisable through additional legisla- a municipal department; now, there- Section 1. That the Director of tive authority. fore, Port Control is authorized to employ Whereas, this ordinance consti- Be it ordained by the Council of by contract or contracts one or more tutes an emergency measure provid- the City of Cleveland: consultants or one or more firms of ing for the usual daily operation of Section 1. That the Director of consultants for the purpose of sup- a municipal department; now, there- Port Control is authorized to enter plementing the regularly employed fore, into a Lease Agreement (“Lease”) staff of the several departments of Be it ordained by the Council of with Ultimate JetCharters, LLC dba the City of Cleveland in order to pro- the City of Cleveland: Ultimate Air Shuttle, LLC (“Lessee”) vide professional services necessary Section 1. That the Director of for use and occupancy of approxi- to provide pavement management Port Control is authorized to make mately 972 square feet of space for services, on an as-needed basis, for one or more written requirement use as a holdroom/boarding area at a period of one year, with three one- contracts under the Charter and the Gate No. 2 to be leased at the rental year options to renew, the second of Codified Ordinances of Cleveland, rate of $17.50 per square foot; which requires additional legislative Ohio, 1976, for the requirements for approximately 142 square feet of authority. The first of the one-year a period up to two years, with two office space located near the east options to renew may be exercised one-year options to renew, for the entrance of the terminal to be by the Director of Port Control, necessary items of labor and mate- leased at the rental rate of $16.00 without the necessity of obtaining rials necessary for painting and per square foot, and approximately additional authority of this Council. paint removal on roadways, run- 284 square feet of space located The second of the one-year options ways and other paved surfaces in across from the holdroom area to be to renew may not be exercised with- the approximate amount as pur- used as a passenger lounge to be out additional legislative authority. chased during the preceding term, leased at the rental rate of $16.50 If such additional legislative author- purchased by the Commissioner of per square foot, which spaces are ity is granted and the second of the Purchases and Supplies on a unit not needed for public use (“Leased one-year options to renew is exer- basis for the various divisions of the Premises”). cised, then the third of the one-year Department of Port Control. The Section 2. That the term of the options to renew may be exercisable first of the one-year options to Lease shall be for a period of two at the option of the Director of Port renew may not be exercised without years, with three one-year options to Control, without the necessity of renew, the first of which requires additional legislative authority. If additional legislative authority, and obtaining additional authority of such additional legislative authority shall commence on the effective this Council. is granted and the first of the one- date of the Lease. The first of the The selection of the consultants year options to renew is exercised, one-year options to renew may be for the services shall be made by then the second of the one-year exercised by the Director of Port the Board of Control on the nomi- options to renew may be exercisable Control only if additional legislative nation of the Director of Port Con- at the option of the Director of Port authority is obtained. If such addi- trol from a list of qualified Control, without the necessity of tional legislative authority is grant- consultants available for employ- obtaining additional authority of ed, the second and third one-year ment as may be determined after a this Council. Bids shall be taken in options to renew may be exercised full and complete canvass by the a manner that permits an award to at the option of the Director of Port Director of Port Control for the pur- be made for all items as a single Control, without the necessity of pose of compiling a list. The com- contract, or by separate contract for obtaining additional authority of pensation to be paid for the services each or any combination of the this Council. shall be fixed by the Board of Con- items as the Board of Control deter- Section 3. That for the use of the trol. The contract or contracts autho- mines. Alternate bids for a period Leased Premises, Lessee shall pay rized shall be prepared by the less than the specified term may be the City an annual rate of $23,968.00 Director of Law, approved by the taken if desired by the Commis- payable in monthly installments of Director of Port Control, and certi- sioner of Purchases and Supplies $1,997.00 which rate is based on fair fied by the Director of Finance. until provision is made for the market value determined by a third- Section 2. That the cost of the con- requirements for the entire term. party appraisal. The rental amount tract or contracts authorized shall Section 2. That the costs of the will be adjusted annually on the be paid from Fund No. 60 SF 001, 60 contract or contracts shall be effective date by CPI calculation, SF 104, 60 SF 106, 60 SF 112, 60 SF charged against the proper appro- but never less than the initial rate. 114, 60 SF 115, 60 SF 116, 60 SF 117, priation accounts and the Director Section 4. That the Lease autho- 60 SF 119, 60 SF 121, 60 SF 122, 60 of Finance shall certify the amount rized shall be prepared by the Direc- SF 125, 60 SF 126, 60 SF 128, 60 SF of any purchase under the contract, tor of Law. 130, 60 SF 141, 60 SF 160, and from each of which purchases shall be Section 5. That this ordinance is the fund or funds to which are cred- made on order of the Commissioner declared to be an emergency mea- ited any grants received for this of Purchases and Supplies by a sure and, provided it receives the purpose and any passenger facility delivery order issued against the affirmative vote of two-thirds of all charges that include this purpose, contract or contracts and certified the members elected to Council, it RQS 3001, RL 2019-70. by the Director of Finance. (RQN shall take effect and be in force Section 3. That this ordinance is 3001, RL 2019-21) immediately upon its passage and declared to be an emergency mea- Section 3. That under Section approval by the Mayor; otherwise it sure and, provided it receives the 108(b) of the Charter, the purchases shall take effect and be in force affirmative vote of two-thirds of all authorized by this ordinance may be from and after the earliest period the members elected to Council, it made through cooperative arrange- allowed by law. shall take effect and be in force ments with other governmental Referred to Directors of Port Con- immediately upon its passage and agencies. The Director of Port Con- trol, Finance, Law; Committees on approval by the Mayor; otherwise it trol may sign all documents that are Transportation, Finance. shall take effect and be in force necessary to make the purchases, from and after the earliest period and may enter into one or more con- Ord. No. 877-2019. allowed by law. tracts with the vendors selected By Council Members Cleveland Referred to Directors of Port Con- through that cooperative process. and Kelley (by departmental trol Finance, Law; Committees on Section 4. That this ordinance is request)). Transportation, Finance. declared to be an emergency mea- An emergency ordinance authoriz- sure and, provided it receives the ing the Director of Port Control to Ord. No. 878-2019. affirmative vote of two-thirds of all employ one or more professional By Council Members Cleveland the members elected to Council, it consultants to provide pavement and Kelley (by departmental shall take effect and be in force management services, on an as-need- request). immediately upon its passage and ed basis, for a period of one year, An emergency ordinance authoriz- approval by the Mayor; otherwise it with three one-year options to ing the purchase by one or more shall take effect and be in force renew, the second of which requires requirement contracts of labor and from and after the earliest period additional legislative authority. materials necessary for painting allowed by law. 1193 22 The City Record July 31, 2019

Referred to Directors of Port Con- the Fourth District; that the Direc- F. Delaney” which is no longer need- trol, Finance, Law; Committees on tor is authorized to file all papers ed for public use and desires to Transportation, Finance. and execute all documents neces- donate it, with title, to the Cleve- sary to receive the funds under the land Police Museum; and Ord. No. 879-2019. grant; and that the funds are appro- Whereas, this ordinance consti- By Council Members Zone and priated for the purposes described in tutes an emergency measure provid- Kelley (by departmental request). the summary for the grant con- ing for the usual daily operation of An emergency ordinance to amend tained in the file described below. a municipal department; now, there- Section 135.47 of the Codified Ordi- Section 2. That the summary for fore, nances of Cleveland, Ohio, 1976, as the grant, File No. 880-2019-A, made Be it ordained by the Council of amended by Ordinance No. 967-91, a part of this ordinance as if fully the City of Cleveland: passed June 17, 1991, relating to rewritten, is approved in all respects Section 1. That, notwithstanding Emergency Medical Service clinical and shall not be changed without Section 181.19 of the Codified Ordi- agreements. additional legislative authority. nances of Cleveland, Ohio, 1976, the Whereas, this ordinance consti- Section 3. That the Director of Director of Public Safety is autho- tutes an emergency measure provid- Public Safety is authorized to rized to donate a vintage former ing for the usual daily operation of extend the term of the grant during Police boat, with title, known as a municipal department; now, there- the grant term. “Jack F. Delaney” which is no fore, Section 4. That the Director of longer needed for use by any depart- Be it ordained by the Council of Public Safety is authorized to ment or office of the City to the the City of Cleveland: employ by contract or contracts one Cleveland Police Museum; and to Section 1. That Section 135.47 of or more consultants or one or more enter into one or more agreements the Codified Ordinances of Cleve- firms of consultants for the purpose if necessary to make the donation. land, Ohio, 1976, as amended by of supplementing the regularly Section 2. That the agreement Ordinance No. 967-91, passed June 17, employed staff of the several depart- shall be prepared by the Director of 1991, is amended to read as follows: ments of the City of Cleveland in Law. order to provide professional ser- Section 3. That this ordinance is Section 135.47 Emergency Medical vices necessary for implementing declared to be an emergency mea- Service Clinical Agreements technology, training, and support sure and, provided it receives the The Director of Public Safety is needed to implement the grant dur- affirmative vote of two-thirds of all hereby authorized to enter into clin- ing the grant term. the members elected to Council, it ical agreements with Cuyahoga The selection of the consultant or shall take effect and be in force Community College, other govern- consultants for the services shall be immediately upon its passage and mental agencies, and the various made by the Board of Control on the approval by the Mayor; otherwise it area hospitals to establish and main- nomination of the Director of Public shall take effect and be in force tain emergency medical technology, Safety from a list of qualified con- from and after the earliest period EMT and paramedic continuing edu- sultants available for employment allowed by law. cation, observation, and paramedic Referred to Directors of Public as may be determined after a full and EMT training programs. Safety, Finance, Law; Committees and complete canvass by the Direc- Section 2. That existing Section on Safety, Finance. tor of Public Safety for the purpose 135.47 of the Codified Ordinances of of compiling a list. The compensa- Cleveland, Ohio, 1976, as amended Ord. No. 882-2019. tion to be paid for the services shall by Ordinance No. 967-91, passed June By Council Members Zone and be fixed by the Board of Control. 17, 1991, is repealed. Kelley (by departmental request). The contract or contracts authorized Section 3. That this ordinance is An emergency ordinance authoriz- declared to be an emergency mea- shall be prepared by the Director of ing the purchase by one or more sure and, provided it receives the Law, approved by the Director of requirement contracts of turnout affirmative vote of two-thirds of all Public Safety, and certified by the gear, for the Division of Fire, the members elected to Council, it Director of Finance. Department of Public Safety, for a shall take effect and be in force Section 5. That the costs of the term of one year, with a one-year immediately upon its passage and contract or contracts authorized by option to renew, exercisable by the approval by the Mayor; otherwise it this ordinance shall be paid from Director of Public Safety. shall take effect and be in force the fund or funds to which are cred- Whereas, this ordinance consti- from and after the earliest period ited the grant proceeds accepted tutes an emergency measure provid- allowed by law. under this ordinance. ing for the usual daily operation of Referred to Directors of Public Section 6. That this ordinance is a municipal department; now, there- Safety, Finance, Law; Committees declared to be an emergency mea- fore, on Safety, Finance. sure and, provided it receives the Be it ordained by the Council of affirmative vote of two-thirds of all the City of Cleveland: Ord. No. 880-2019. the members elected to Council, it Section 1. That the Director of By Council Members Zone and shall take effect and be in force Public Safety is authorized to make Kelley (by departmental request). immediately upon its passage and one or more written requirement An emergency ordinance authoriz- approval by the Mayor; otherwise it contracts under the Charter and the ing the Director of Public Safety to shall take effect and be in force Codified Ordinances of Cleveland, apply for and accept a grant from from and after the earliest period Ohio, 1976, for the requirements for the Cleveland Police Foundation to allowed by law. a term of one year, with a one-year conduct a two-year Gun Fire Sensor Referred to Directors of Public option to renew, exercisable by the Technology Pilot Program in the Safety, Finance, Law; Committees Director of Public Safety, of the nec- Fourth District; and authorizing the on Safety, Finance. essary items of turnout gear, in the director to enter into one or more approximate amount as purchased professional services contract to Ord. No. 881-2019. during the preceding term, to be implement the grant. By Council Members Zone and purchased by the Commissioner of Whereas, this ordinance consti- Kelley (by departmental request). Purchases and Supplies on a unit tutes an emergency measure provid- An emergency ordinance authoriz- basis for the Division of Fire, ing for the usual daily operation of ing the Director of Public Safety to Department of Public Safety. Bids a municipal department; now, there- donate a vintage former Police boat shall be taken in a manner that per- fore, known as “Jack F. Delaney” to the mits an award to be made for all Be it ordained by the Council of Cleveland Police Museum; and to items as a single contract, or by sep- the City of Cleveland: enter into an agreement to make the arate contract for each or any com- Section 1. That the Director of donation. bination of the items as the Board Public Safety is authorized to apply Whereas, Section 181.19 of the of Control determines. Alternate for and accept a grant in the Codified Ordinances of Cleveland, bids for a period less than the spec- approximate amount of $250,000 for Ohio, 1976, authorizes the Commis- ified term may be taken if desired the first year of the grant and an sioner of Purchases and Supplies to by the Commissioner of Purchases approximate amount of $125,000 for sell personal property owned by the and Supplies until provision is made the second year of the grant, and City of Cleveland when no longer for the requirements for the entire any other funds that may become needed or not suitable for the use of term. available during the grant term any department or office of the City; Section 2. That the costs of the from the Cleveland Police Founda- and contract or contracts shall be paid tion to conduct a two-year Gun Fire Whereas, the City owns a vintage from Fund Nos. 20 SF 566, 20 SF 573, Sensor Technology Pilot Program in former Police boat known as “Jack 20 SF 578, 20 SF 585, 20 SF 588, 20 1194 July 31, 2019 The City Record 23

SF 591, and shall also be charged any regulatory agency or public provide for the design and con- against the proper appropriation authority to implement the Improve- struction of the Improvement, and accounts and the Director of ment. contain other provisions needed to Finance shall certify the amount of Section 3. That the Director of implement the Improvement. any purchase under the contract, Public Utilities is authorized to Section 2. That the Director of each of which purchases shall be enter into any agreements necessary Public Utilities is authorized to made on order of the Commissioner to implement this ordinance, includ- apply and pay for permits, licenses, of Purchases and Supplies by a ing but not limited to, agreements or other authorizations required by delivery order issued against the with applicable property owners any regulatory agency or public contract or contracts and certified regarding payment to the City to authority to implement the Improve- by the Director of Finance. (RQN partially cover the City’s cost of ment. 6003, RL 2019-20) removing and disposing of haz- Section 3. That the agreement or Section 3. That under Section ardous waste caused by that prop- agreements will be prepared by the 108(b) of the Charter, the purchases erty owner in connection with the Director of Law. authorized by this ordinance may be local sewer cleaning in the Old Section 4 That the Director of made through cooperative arrange- Denison Road and Beltline sewer Public Utilities is authorized to pay ments with other governmental areas portion of the Improvement. for the Improvement and accept agencies. The Director of Public Section 4. That any agreement or reimbursement from the Northeast Safety may sign all documents that agreements shall be prepared by the Ohio Regional Sewer District are necessary to make the purchas- Director of Law. (“NEORSD”) for the cost of the es, and may enter into one or more Section 5. That the Director of Improvement; and that the funds are contracts with the vendors selected Public Utilities is authorized to appropriated for the purposes through that cooperative process. reimburse NEORSD, or its contrac- described in this ordinance. Section 4. That this ordinance is tor, to implement the Improvement, Section 5. That the Director of declared to be an emergency mea- payable from Fund Nos. 54 SF 001, Public Utilities is authorized to sure and, provided it receives the 54 SF 400, from the fund or funds to apply for and accept one or more affirmative vote of two-thirds of all which are credited the proceeds grants from various public or pri- the members elected to Council, it from the sale of future bonds, if vate entities to make the Improve- shall take effect and be in force issued for this purpose, from the ment; and that the funds are immediately upon its passage and fund or funds to which are credited appropriated for the purposes approval by the Mayor; otherwise it any payments from homeowners, described in this ordinance. shall take effect and be in force and from any other funds approved Section 6. That the Director of from and after the earliest period by the Director of Finance. (RQS Public Utilities is authorized to allowed by law. 2003, RL 2019-54) enter into any agreements necessary Referred to Directors of Public Section 6. That this ordinance is to implement this ordinance. Section 7. That the Director of Safety, Finance, Law; Committees declared to be an emergency mea- Public Utilities is authorized to on Safety, Finance. sure and, provided it receives the reimburse DBWP, or its contractor, affirmative vote of two-thirds of all to implement the Improvement, Ord. No. 883-2019. the members elected to Council, it payable from Fund Nos. 54 SF 001, By Council Members Keane and shall take effect and be in force and/or 54 SF 400, from the fund or Kelley (by departmental request). immediately upon its passage and funds to which are credited the pro- An emergency ordinance authoriz- approval by the Mayor; otherwise it ceeds from the sale of future bonds, ing the Director of Public Utilities shall take effect and be in force if issued for this purpose, from the to enter into one or more agree- from and after the earliest period fund or funds to which are credited ments with the Northeast Ohio allowed by law. the proceeds from any grant Regional Sewer District concerning Referred to Directors of Public received for this purpose; and from local sewer cleaning and material Utilities, Finance, Law; Committees any other funds approved by the disposal in the Old Denison Road on Utilities, Finance. Director of Finance. (RQS 2003, RL and Beltline sewer areas and for the 2019-55) removal and replacement of trees, Ord. No. 884-2019. Section 8. That this ordinance is fences and other encroachments By Council Members Keane and declared to be an emergency mea- along the Euclid Creek; and autho- Kelley (by departmental request). sure and, provided it receives the rizing any agreement necessary to An emergency ordinance authoriz- affirmative vote of two-thirds of all complete the work, including agree- ing the Director of Public Utilities the members elected to Council, it ments with property owners. to enter into one or more agree- shall take effect and be in force Whereas, this ordinance consti- ments with the Doan Brook Water- immediately upon its passage and tutes an emergency measure provid- shed Partnership and the Northeast approval by the Mayor; otherwise it ing for the usual daily operation of Ohio Regional Sewer District con- shall take effect and be in force a municipal department; now, there- cerning the replacement of the trash from and after the earliest period fore, rack on Doan Brook upstream off allowed by law. Be it ordained by the Council of Martin Luther King, Jr. Drive and Referred to Directors of Public the City of Cleveland: for the City’s reimbursement for the Utilities, Finance, Law; Committees Section 1. That notwithstanding cost of the improvement from on Utilities, Finance. any section of the Codified Ordi- NEORSD funds. nances of Cleveland, Ohio, 1976, to Whereas, this ordinance consti- Ord. No. 885-2019. the contrary, the Director of Public tutes an emergency measure provid- By Council Members Keane and Utilities is authorized to enter into ing for the usual daily operation of Kelley (by departmental request). and execute one or more agreements a municipal department; now, there- An emergency ordinance authoriz- with the Northeast Ohio Regional fore, ing the Director of Public Utilities Sewer District (“NEORSD”), con- Be it ordained by the Council of to enter into one or more agree- cerning local sewer cleaning and the City of Cleveland: ments with the Cleveland Metropol- material disposal in the Old Denison Section 1. That notwithstanding itan Park District, or its contractor, Road and Beltline sewer areas and any section of the Codified Ordi- to replace up to two water mains for the removal and replacement of nances of Cleveland, Ohio, 1976, to within their Whiskey Island Con- trees, fences and other encroach- the contrary, the Director of Public nector Trail improvement and the ments along the Euclid Creek (the Utilities is authorized to enter into City’s reimbursement. “Improvement”). Such agreements and execute one or more agreements Whereas, the Cleveland Metropoli- shall contain terms including, but with the Doan Brook Watershed tan Park District (“Metroparks”) is not limited to, defining responsibili- Partnership (“DBWP”) and the planning to construct the Whiskey ties concerning construction of the Northeast Ohio Regional Sewer Dis- Island Connector Trail to link Edge- Improvement. The agreement or trict (“NEORSD”) to implement the water Park and Wendy Park, as agreements shall provide that it is replacement of the trash rack on well as provide a link to the Cen- NEORSD’s responsibility to provide Doan Brook upstream off Martin tennial Lake Link Trail for the design and construction of Luther King, Jr. Drive (the (“Metroparks Improvement”); and the Improvement, and contain other “Improvement”), including but not Whereas, the City of Cleveland, provisions needed to implement the limited to, agreements defining Division of Water has two water Improvement. responsibilities concerning design mains within their project which Section 2. That the Director of and construction of the Improve- will need to be replaced; and Public Utilities is authorized to ment and funding and reimburse- Whereas, the City and Metroparks apply and pay for permits, licenses, ment. The agreement shall provide have agreed that it is desirable to or other authorizations required by that it is DBWP’s responsibility to have one contractor perform both 1195 24 The City Record July 31, 2019 sets of improvements to eliminate renew, of labor and materials nec- design, construction, and mainte- the coordination issues which would essary to remove and replace lega- nance of Canal Basin Park, includ- result if there were two contractors cy lighting and to install LED lights ing modifying the existing parking in the same space, to realize shared and fixtures on City bridges and the lot and installing site improvements; cost savings, and to provide less dis- Wyland Whale Mural Park on North determining the method of making ruption to the public; and Marginal Road and to replace deco- the public improvement; authorizing Whereas, this ordinance consti- rative and special lighting on City contracts to construct and design tutes an emergency measure provid- bridges and the Wyland Whale the improvement; and authorizing ing for the usual daily operation of Mural Park on North Marginal Road, any other agreements and contracts a municipal department; now, there- , including repair and maintenance that are necessary to implement the fore, services, insurance, lights, fixtures, project. Be it ordained by the Council of equipment, and appurtenances, in Whereas, Canal Basin Park is a the City of Cleveland: the approximate amount as pur- proposed 25-acre site bounded by the Section 1. That, notwithstanding chased during the preceding term, to Cuyahoga River, Center Street, any Codified Ordinance to the con- be purchased by the Commissioner Columbus Road and the now vacat- trary, the Director of Public Utilities of Purchases and Supplies on a unit ed James Street which will be devel- is authorized to enter into one or basis for the Division of Cleveland oped into a new park at the more agreements with Metroparks, Public Power, Department of Public northern beginning/terminus of the or its contractor, to replace the two Utilities. The first of the one-year 110-mile Towpath Trail by incorpo- water mains located within options to renew may not be exer- rating new greenspace, interpretive Metroparks Improvements and cised without additional legislative elements, and amenities to comple- owned by the City of Cleveland. authority. If such additional leg- ment existing attractions such as Section 2. That the agreement or islative authority is granted and the Settler’s Landing Park, Heritage agreements shall be prepared by the first of the one-year options to Park, the Downtown Dog Park, and Director of Law. renew is exercised, then the second the RTA Waterfront Line; and Section 3. That the Director of of the one-year options to renew Whereas, this ordinance consti- Public Utilities is authorized to may be exercised at the option of tutes an emergency measure provid- the Director of Public Utilities, with- reimburse Metroparks, or its con- ing for the usual daily operation of out the necessity of obtaining addi- tractor, for the replacement of two a municipal department; now, there- tional authority of this Council. Bids water mains located within fore, shall be taken in a manner that per- Metroparks Improvement, any other Be it ordained by the Council of mits an award to be made for all related Division of Water costs, and the City of Cleveland: items as a single contract, or by sep- other expenditures, in an estimated Section 1. That the Director of arate contract for each or any com- amount of $600,000, payable from Public Works is authorized to apply bination of the items as the Board for and accept one or more grants Fund No. 52 SF 001, and from the of Control determines. Alternate from the State of Ohio, Federal enti- fund or funds to which are credited bids for a period less than the spec- any future water bonds if issued for ified term may be taken if desired ties, and/or any public or private this purpose. (RQS 2002,RL 2019-69). by the Commissioner of Purchases entity for the design, construction, Section 4. That this ordinance is and Supplies until provision is made and maintenance of Canal Basin declared to be an emergency mea- for the requirements for the entire Park, including modifying the exist- sure and, provided it receives the term. ing Canal Basin Parking Lot by affirmative vote of two-thirds of all Section 2. That under Section eliminating approximately 90-125 of the members elected to Council, it 108(b) of the Charter, the purchases the existing 216 parking stalls and shall take effect and be in force authorized by this ordinance may be installing site improvements (the immediately upon its passage and made through cooperative arrange- “Improvement”); that the Director is approval by the Mayor; otherwise it ments with other governmental authorized to file all papers and shall take effect and be in force agencies. The Director of Public execute all documents necessary to from and after the earliest period Utilities may sign all documents receive the funds under the grants; allowed by law. that are necessary to make the pur- and that the funds are appropriated Referred to Directors of Public chases, and may enter into one or for the purposes set forth in the file Utilities, Finance, Law; Committees more contracts with the vendors mentioned below. on Utilities, Finance. selected through that cooperative Section 2. That the description of process. the Improvement area, File No. 844- Ord. No. 886-2019. Section 3. That the costs of the 07 B, made a part of this ordinance By Council Members Keane and contract or contracts shall be as if fully rewritten, is approved in Kelley (by departmental request). charged against the proper appro- all respects and shall not be An emergency ordinance authoriz- priation accounts and the Director changed without additional legisla- ing the purchase by one or more of Finance shall certify the amount tive authority. requirement contracts for labor and of any purchase under the contract, Section 3. That under Section 167 materials necessary to remove and each of which purchases shall be of the Charter of the City of Cleve- replace legacy lighting and to made on order of the Commissioner land, it is determined to make the install LED lights and fixtures on of Purchases and Supplies by a public improvement of constructing, City bridges and the Wyland Whale delivery order issued against the rehabilitating, renovating, replacing Mural Park on North Marginal Road, contract or contracts and certified or otherwise improving the Canal and to replace decorative and spe- by the Director of Finance. (RQN Basin Park property, including all cial lighting on City bridges and 2004, RL 2019-19) site improvements and appurte- Wyland Mural Park on North Mar- Section 4. That this ordinance is nances necessary and incidental, for ginal Road, including repair and declared to be an emergency mea- the Departments of Public Works or maintenance services, insurance, sure and, provided it receives the Capital Projects, as appropriate, by lights, fixtures, equipment, and affirmative vote of two-thirds of all one or more contracts duly let to the appurtenances, for the Division of the members elected to Council, it lowest responsible bidder or bidders Cleveland Public Power, Department shall take effect and be in force after competitive bidding for a gross of Public Utilities, for a period of immediately upon its passage and price for the improvement. two years with two one-year options approval by the Mayor; otherwise it Section 4. That, the Director of to renew, the first of which requires shall take effect and be in force Public Works or Capital Projects, as additional legislative authority. from and after the earliest period appropriate, is authorized to enter Whereas, this ordinance consti- allowed by law. into one or more contracts for the tutes an emergency measure provid- Referred to Directors of Public making of the public improvement ing for the usual daily operation of Utilities, Finance, Law; Committees with the lowest responsible bidder a municipal department; now, thereon Utilities, Finance. after competitive bidding for a gross fore, price for the improvement, provided, Be it ordained by the Council of Ord. No. 887-2019. however, that each separate trade the City of Cleveland: By Council Members McCormack, and each distinct component part of Section 1. That the Director of Johnson, Brancatelli and Kelley (by the improvement may be treated as Public Utilities is authorized to departmental request). a separate improvement, and each, make one or more written require- An emergency ordinance authoriz- or any combination, of the trades or ment contracts under the Charter ing the Director of Public Works to components may be the subject of a and the Codified Ordinances of apply for and accept one or more separate contract for a gross price. Cleveland, Ohio, 1976, for the grants or gifts from the State of On request of the director the con- requirements for a period of two Ohio, Federal entities, and/or any tractor shall furnish a correct sched- years with two one-year options to public or private entity for the ule of unit prices, including profit 1196 July 31, 2019 The City Record 25 and overhead, for all items consti- and execute all documents neces- Section 1. That notwithstanding tuting units of the improvement. sary to receive the funds, goods, ser- and as an exception to the provi- Section 5. That under Section 167 vices, real estate, and easements sions of Chapters 181 and 183 of the of the Charter of the City of Cleve- under this ordinance; and that the Codified Ordinances of Cleveland, land, it is determined to make the funds are appropriated for the pur- Ohio, 1976, the Director of Public public improvement of constructing, poses described in this ordinance. Works is authorized to lease from rehabilitating, renovating, replacing Section 11. That the Director of Beth Hanna certain property locat- or otherwise improving all site Public Works or Capital Projects, as ed at 14550 Lorain Avenue. improvements and appurtenances appropriate, is authorized to enter Section 2. That the lease term necessary and incidental to the into one or more agreements and shall commence on July 1, 2019 and Canal Basin Park property, for the multi-party agreements necessary to the term of the lease shall be for a Director of Public Works or Capital implement the Improvement. The term of five years, with three one- Projects, as appropriate, by one or agreements may include license year options to renew, exercisable more contracts duly let to the low- agreements, property adoption by the Director of Public Works. est responsible bidder or bidders agreements, permits, inter-agency Section 3. That the rent for the after competitive bidding on a unit agreements, project development lease authorized by this ordinance basis for the improvement. agreements, and cooperative agree- shall be a rental of $110,000 annu- Section 6. That the Director of ments, that are between, but are not ally for each year of the lease and Public Works or Capital Projects, as limited to, the following public and any option year exercised, which is appropriate, is authorized to enter non-profit entities needed to imple- determined to be fair market value, into one or more contracts for the ment the Improvement: State of exclusive of utilities, taxes, and making of the public improvement Ohio, Northeast Ohio Areawide Coor- insurance. with the lowest responsible bidder dinating Agency (“NOACA”), Cleve- Section 4. That the lease may after competitive bidding on a unit land Metropolitan Park District authorize the City to make improve- basis for the improvement, provided, (“Metroparks”), Northeast Ohio ments to the leased premises under however, that each separate trade Regional Sewer District terms to be determined by the par- and each distinct component part of (“NEORSD”), Greater Cleveland ties to be consistent with the public the improvement may be treated as Regional Transit Authority purpose or purposes of providing a a separate improvement, and each, (“RTA”), Cuyahoga County, Canal- base of operations for services pro- or any combination, of the trades or way Partners, and LAND Studio. vided in the northwest section of the components may be the subject of a Section 12. That any contracts and City. separate contract on a unit basis. agreements authorized by this ordi- Section 5. That the lease may pro- Section 7. That the Director of nance shall be prepared by the vide for the City’s payment of appro- Public Works is authorized to apply Director of Law. priate utility, taxes, insurance and and pay for permits, licenses, or Section 13. That the cost of the other operating costs of the leased other authorizations required by any contracts, agreements, and other premises. regulatory agency or public author- expenditures authorized in this ordi- Section 6. That the costs of the ity to permit performance of the nance shall be paid from the fund lease shall be paid from Fund No. work authorized by this ordinance. or funds to which are credited any 11 SF 401, RQS 7016, RL 2019-29. Section 8. That the Director of grant or gift received for this pur- Section 7. That the lease shall be Public Works is authorized to pose and from any funds approved prepared by the Director of Law and employ by contract or contracts one by the Director of Finance. shall contain any terms and condi- or more consultants or one or more Section 14. That this ordinance is firms of consultants for the purpose declared to be an emergency mea- tions as are required to protect the of supplementing the regularly sure and, provided it receives the interests of the City. employed staff of the several depart- affirmative vote of two-thirds of all Section 8. That the Director of ments of the City of Cleveland in the members elected to Council, it Public Works, the Director of Law, order to provide professional ser- shall take effect and be in force and other appropriate City officials vices necessary to design the immediately upon its passage and are authorized to execute any other Improvement. approval by the Mayor; otherwise it documents and certificates, and take The selection of the consultants shall take effect and be in force any other actions which may be nec- for the services shall be made by from and after the earliest period essary or appropriate to effect the the Board of Control on the nomi- allowed by law. lease authorized by this ordinance. nation of the Director of Public Referred to Directors of Public Section 9. That this ordinance is Works from a list of qualified con- Works, City Planning Commission, declared to be an emergency mea- sultants available for employment Finance, Law; Committees on Munic- sure and, provided it receives the as may be determined after a full ipal Services and Properties, affirmative vote of two-thirds of all and complete canvass by the Direc- Finance. the members elected to Council, it tor of Public Works for the purpose shall take effect and be in force of compiling a list. The compensa- Ord. No. 888-2019. immediately upon its passage and tion to be paid for the services shall By Council Members Keane, John- approval by the Mayor; otherwise it be fixed by the Board of Control. son and Kelley (by departmental shall take effect and be in force The contract or contracts authorized request). from and after the earliest period shall be prepared by the Director of An emergency ordinance authoriz- allowed by law. Law, approved by the Director of ing the Director of Public Works to Referred to Directors of Public Public Works, and certified by the lease certain property located at Works, City Planning Commission, Director of Finance. 14550 Lorain Avenue from Beth Finance, Law; Committees on Munic- Section 9. That, unless expressly Hanna LLC, for the purpose of pro- ipal Services and Properties, prohibited by a grant agreement, viding a base of operations for ser- Finance. under Section 108(B) of the Charter, vices provided in the northwest purchases made under a grant section of the City, for a term of Ord. No. 889-2019. agreement may be made through five years, with three one-year By Council Members Conwell, cooperative arrangements with options to renew, exercisable by the Johnson, Brancatelli and Kelley (by other governmental agencies. The Director of Public Works. departmental request). Director of Public Works may sign Whereas, the City of Cleveland An emergency ordinance authoriz- all documents and do all things that requires certain property located at ing the Director of Public Works to are necessary to make the purchas- 14550 Lorain Avenue for the public lease certain properties located at es, and may enter into one or more purpose of providing a base of oper- 7345 Broadway Avenue and 680 East contracts with the vendors selected ations for services provided in the 113th Street from the Cleveland Met- through that cooperative process. northwest section of the City; and ropolitan School District, for a term Section 10. That the Director of Whereas, Beth Hanna LLC (“Beth not less than twenty-five years nor Public Works is authorized to apply Hanna”) has proposed to lease the exceed thirty years, for operating for and accept other grants and property to the City of Cleveland; the Stella Walsh Recreation Center gifts from various public or private and located on the South High School entities for the Improvement, includ- Whereas, this ordinance consti- campus and operating the Glenville- ing gifts of real property and ease- tutes an emergency measure provid- James Hubbard Recreation located ments, gifts of public art following ing for the usual daily operation of on the Glenville High School Cam- the provisions of Chapter 186 of the a municipal department; now, there- pus. Codified Ordinances, and other fore, Whereas, in the 1960s a Joint goods and services; that the Direc- Be it ordained by the Council of Recreation Council of the City of tor is authorized to file all papers the City of Cleveland: Cleveland and Board of Education 1197 26 The City Record July 31, 2019 existed with the goal of determin- Thence, along the arc of a curve southwesterly right of way of Osage ing the feasibility of jointly locat- which deflects to the right, 136.24 Court (15 feet wide); ing schools and recreation centers feet, said curve having a radius of Thence, along said southwesterly for the mutual benefit of both and 187.00 feet, a central angle of 41° 44' right of way of Osage Court, South the entire community; and 38", and a chord of 133.25 feet which 42° 02' 25" East, 50.00 feet; Whereas, the City of Cleveland bears North 43° 57' 48" West; Thence, along the southeasterly requires legal possession of certain Thence, North 23° 05' 29" West, right of way of Osage Court, North properties located at 7345 Broadway 28.28 feet; 47° 57' 35" East, 15.00 feet; Avenue and 680 East 113th Street Thence, North 46° 10' 32" East, Thence, along the northeasterly from the Cleveland Metropolitan 4.01 feet; right of way of Osage Court, North School District (“Cleveland Thence, North 12° 12' 00" West, 42° 02' 25" West, 50.00 feet to the Schools”), for repairing and operat- 131.16 feet to a point in the wester- southeasterly right of way of Osage ing the Stella Walsh Recreation ly prolongation of the southerly line Avenue; Center located on the South High of the existing building; Thence, along said southeasterly School campus and repairing and Thence, leaving the westerly line right of way of Osage Avenue, North operating the Glenville-James Hub- of said land conveyed to Board of 47° 57' 35" East, 160.20 feet to an bard Recreation located on the Education of the Cleveland City angle point therein; Glenville High School Campus; and School District, along the southerly Thence, leaving said southeaster- Whereas, Cleveland Schools has line of the existing building and it’s ly right of way of Osage Avenue, proposed to lease the properties to westerly prolongation, North 88° 51' South 12° 16' 26" East, 43.44 feet to the City of Cleveland for a term of 12" East, 166.44 feet to a southeast- a northwesterly corner of the exist- thirty years; and erly corner of the existing building; ing building; Whereas, this ordinance consti- Thence, along an easterly line of Thence, along the existing build- tutes an emergency measure provid- the existing building and it’s ing lines, the following three cours- ing for the usual daily operation of northerly prolongation, North 01° es; a municipal department; now, there- 08' 48" West, 31.83 feet to a souther- South 00° 50' 01" East, 127.15 feet; fore, ly line of the existing building; Thence, North 89° 09' 59" East, Be it ordained by the Council of Thence, along said southerly line 214.60 feet; the City of Cleveland: of the existing building and it’s Thence, South 00° 44' 57" East, Section 1. That notwithstanding easterly prolongation, North 88° 51' 75.26 feet; and as an exception to the provi- 12" East, 116.79 feet to the westerly Thence, leaving said existing sions of Chapters 181 and 183 of the right of way of E. 113th Street; building line, along the centerline of Codified Ordinances of Cleveland, Thence, along said westerly right an existing sidewalk, South 60° 55' Ohio, 1976, the Director of Public of way of E. 113th Street, South 01° 33" West, 340.90 feet to the north- Works is authorized to lease from 10' 00" East, 287.86 feet to the easterly right of way of Broadway Cleveland Schools portions of cer- northerly right of way of Gray Avenue; tain properties more fully described Avenue; Thence, leaving said centerline of as follows: Thence, along said northerly right the existing sidewalk, along said northeasterly right of way of Broad- Lease Parcel (Glenville) of way of Gray Avenue, South 89° 45' 30" West, 28.35 feet to the west- way Avenue, North 42° 19' 37" West, Across Parcel Nos. 110-01-027, -028, -029, 40.82 feet to an angle point therein; -030, -031, -032, -033, -034, -035 and -037 erly right of way of Gray Avenue; Thence, along said westerly right Thence, continuing along said 1.5147 acres (65,979 Square Feet) northeasterly right of way of Broad- Situated in the City of Cleveland, of way of Gray Avenue, South 08° 59' 41" East, 20.24 feet to the point way Avenue, North 42° 05' 16" West, County of Cuyahoga and State of 213.98 feet to the point of beginning. Ohio and known as being part of of beginning. Containing within said bounds of Original One Hundred Acre Lot No. Containing within said bounds of land 1.9822 acres of land (86,345 363 and all of Sublot Nos. 142, 143, land 1.5147 acres of land (65,979 square feet) as surveyed by KS 144, 145, 146, 147, 148, 149 and part square feet) as surveyed by KS Associates, Inc. under the supervi- of Sublot No. 150 in Lowrie Broth- Associates, Inc. under the supervision of Trevor A. Bixler, Profes- ers’ Homedale Allotment of part of sion of Trevor A. Bixler, Profes- sional Surveyor No. 7730 in May, One Hundred Acre Lot No. 363, as sional Surveyor No. 7730 in May, 2019. shown by the recorded plat in Vol- 2019. Bearings are based on Ohio State ume 28, Page 12 of the Cuyahoga Bearings are based on Ohio State Plane, North Zone NAD83(2011) Grid County Map Records. Also being Plane, North Zone NAD83(2011) Grid North. part of the land conveyed to the North. Board of Education of the Cleveland Section 2. That the term of the ground lease or leases authorized by City School District, being more def- Lease Parcel (Stella Walsh) initely described as follows; this ordinance shall not be less than Across Parcel Nos. 133-08-045, -046, - 25 years nor exceed thirty years. Commencing at the intersection of 047,-077, -078, -079, and -080 the centerline of E. 113th Street (50 Section 3. That the rent for the 1.9822 Acres (86,345 Square Feet) lease or leases authorized by this feet wide) and the centerline of Situated in the City of Cleveland, Gray Avenue (40 feet wide); ordinance shall not exceed $1.00 and County of Cuyahoga and State of other valuable consideration which Thence, along the westerly pro- Ohio and known as being part of longation of the centerline of Gray is determined to be fair market Original One Hundred Acre Lot Nos. Avenue, also being the southerly value, exclusive of utilities. 315 and 319 and all of Sublot Nos. line of Original 100 Acre Lot No. 363, Section 4. That the lease or leas- 34, 35, 40, 41, 55, 56, 57, 58, 59, 60 and South 89° 45' 30" West, 50.60 feet to es may authorize the City to make part of Sublot Nos. 36, 37, 38, 39, 42, a southeasterly corner of said land improvements to the leased premis- 43, 54, 61, 62 and 63 in Julia F. conveyed to Board of Education of es under terms to be determined by the Cleveland City School District, Brown’s Subdivision of part of Orig- the parties to be consistent with the and the True Point of Beginning for inal One Hundred Acre Lot Nos. 315 public purpose or purposes of oper- the parcel herein described; and 319, as shown by the recorded ating the Stella Walsh Recreation Thence, continuing along the plat in Volume 11, Page 53 of the Center located on the South High southerly line of Original 100 Acre Cuyahoga County Map Records and School campus and operating the Lot No. 363, also being the souther- part of vacated Osage Court and E. Glenville-James Hubbard Recreation ly line of said land conveyed to 76th Street as vacated by ordinance located on the Glenville High School Board of Education of the Cleveland 2397-66 and recorded in Volume 199, Campus. City School District, South 89° 45' Page 65 of the Cuyahoga County Section 5. That the lease or leas- 30" West, 54.42 feet; Map Records. Also being part of the es shall give exclusive possession of Thence, leaving the southerly line land conveyed to the Board of Edu- the recreation center buildings to of Original 100 Acre Lot No. 363, con- cation of the Cleveland City School the City whereas the lease or leas- tinuing along the southerly and District, being more definitely es shall give non-exclusive posses- westerly lines of said land conveyed described as follows; sion of the parking lots and grass to Board of Education of the Cleve- Beginning at the intersection of to the City, to allow for mutual land City School District, the fol- northeasterly right of way of Broad- agreement between the parties for lowing seven courses; way Avenue (66 feet wide) and the shared parking and greenspace. North 01° 10' 00" West, 47.10 feet; southeasterly right of way of Osage Section 6. That the lease or leas- Thence South 88° 50' 00" West, Avenue (40 feet wide); es may provide for the City’s pay- 80.00 feet; Thence, along said southeasterly ment of appropriate utility and Thence South 01° 10' 00" East, right of way of Osage Avenue, North other operating costs of the leased 27.72 feet; 47° 57' 35" East, 150.93 feet to the premises. 1198 July 31, 2019 The City Record 27

Section 7. That the costs of the its point of intersection with the issued to operator by the State of lease or leases shall be paid from Northeasterly line of Ashbury Road Ohio, to sell beer, wine and cocktails funds approved by the Director of (60 feet wide); Thence Northerly or spirits. Finance. along said Westerly line of East Section 5. That the space autho- Section 8. That the lease or leas- 105th Street, 130-83/100 feet to the rized by this ordinance shall be es shall be prepared by the Director Southeasterly corner of Sublot No. 21 leased at $1.00 and other valuable of Law and shall contain any terms in the East Boulevard Company's consideration which is determined and conditions as are required to Allotment of part of Original One to be fair market value, exclusive of protect the interests of the City. Hundred Acre Lot No. 385, as shown utilities. Section 9. That the Director of by the recorded plat in Volume 47 Section 6. That the lease may Public Works, the Director of Law, of Maps, Page 27 of Cuyahoga Coun- authorize CCDC to make improve- and other appropriate City officials ty Records; Thence Westerly along ments to, and maintain, the Leased are authorized to execute any other the Southerly line of said Sublot No. Premises subject to the approval of documents and certificates, and take 21, 89-13/100 feet to the Northeaster- appropriate City agencies and offi- any other actions which may be nec- ly corner of Sublot No. 10 in said cials. essary or appropriate to effect the allotment; Thence Southerly along Section 7. That the Director of lease or leases authorized by this the Easterly line of said Sublot No. Public Works, the Director of Law, ordinance. 10, 88-31/100 feet to said Northeast- and other appropriate City officials Section 10. That this ordinance is erly line of Ashbury Road; Thence are authorized to execute any other declared to be an emergency mea- Southeasterly along said Northeast- documents and certificates, and take sure and, provided it receives the erly line of Ashbury Road 98-76/100 any other actions which may be nec- affirmative vote of two-thirds of all feet to the place of beginning, be essary or appropriate to implement the members elected to Council, it the same more or less, but subject this ordinance. shall take effect and be in force to all legal highways. Section 8. That the property adop- immediately upon its passage and tion agreement with Finch Group approval by the Mayor; otherwise it Property 2 (107-23-021): and the lease with CCDC which are shall take effect and be in force Situated in the City of Cleveland, authorized by this ordinance shall from and after the earliest period County of Cuyahoga and the State be prepared by the Director of Law. allowed by law. of Ohio: Section 9. That the term of the Referred to Directors of Public And known as being Sublot No. 10 property adoption agreement with Works, City Planning Commission, in the East Boulevard Company’s Finance, Law; Committees on Munic- Finch Group and the lease with Allotment of part of Original One CCDC which are authorized by this ipal Services and Properties, Hundred Acre Lot No. 385, as shown Finance. ordinance shall be for a period of by the recorded plat in Volume 47 three years, and shall automatically of Maps, Page 27 of Cuyahoga Coun- Ord. No. 890-2019. renew annually thereafter, unless ty Records, and being 22.81 feet terminated by either party. By Council Members Conwell, front on the Northeasterly right of Johnson, Brancatelli and Kelley (by Section 10. That this ordinance is way of Ashbury Road (60.00 feet departmental request). declared to be an emergency mea- wide), 88.31 feet deep on the East- An emergency ordinance authoriz- sure and, provided it receives the erly line, 78.49 feet deep on the ing the Director of Public Works to affirmative vote of two-thirds of all Westerly line which is also the enter into a property adoption agree- the members elected to Council, it Easterly line of East 103rd Street ment with The Finch Group, Inc., or shall take effect and be in force (12.00 feet wide) and 20.87 feet wide its designee, to maintain a new City immediately upon its passage and in the rear, as appears by said plat, park located at the Glenville Circle approval by the Mayor; otherwise it be the same North Development; and to enter shall take effect and be in force Section 2. That this property adop- into a lease with Cleveland Citywide from and after the earliest period tion shall not be construed as a con- Development Corporation, or its allowed by law. veyance of any right, title, or designee, for restaurant use of the Referred to Directors of Public interest in public property, but is lower plaza portion of the new park; Works, City Planning Commission, the grant of a privilege revocable at the term for each agreement shall Finance, Law; Committees on Munic- the will of Council. be for a period of three years, and ipal Services and Properties, Section 3. That the property adop- shall automatically renew annually Finance. thereafter, unless terminated by tion agreement shall contain the requirement that Finch Group shall either party. Ord. No. 891-2019. Whereas, this ordinance consti- maintain the New Park during the term of the property adoption agree- By Council Members McCormack, tutes an emergency measure provid- Johnson, Brancatelli and Kelley (by ing for the usual daily operation of ment, at no cost to the City. Main- tenance includes but is not limited departmental request). a municipal department; now, there- An emergency ordinance authoriz- fore, to keeping the new greenspace, ing the Commissioner of Purchases Be it ordained by the Council of plaza areas, and improvements in a and Supplies to sell a portion of the City of Cleveland: clean, decent, safe, and hazard-free City-owned property no longer need- Section 1. That, notwithstanding condition, including but not limited and as an exception to the provi- to, picking up trash and debris, cuted for public use located in the area sions of Chapters 181 and 183 and ting the grass, maintaining the park of Columbus Road to The Sherwin- Section 131.23 of the Codified Ordi- improvements free from graffiti, and Williams Company, or its designee, nances of Cleveland, Ohio, 1976, the making routine repairs and mainte- for purposes of providing an access Director of Public Works is autho- nance as necessary, promptly. Main- drive to its Breen Technology Cen- rized to enter into a property adop- tenance obligations shall include the ter. tion agreement with The Finch tree lawn for the New Park. The Whereas, under construction of Group, Inc., or its designee (“Finch agreement shall also allow Finch the Towpath Trail Stage 4 project, Group”), to maintain a new yet-to-be Group to schedule programming of an existing access drive from completed City park which will con- any portion of the New Park Columbus Road to The Sherwin- sist of an upper and lower level and through the City’s usual special Williams Breen Technology Center will be located next to the Glenville events policy and procedures. needs to be relocated; and Circle North building on Permanent Section 4. That notwithstanding Whereas, the Director of Public Parcel Nos. 107-23-020 and 107-23-021 and as an exception to the provi- Works has requested the sale of a (the “New Park”), and are more sions of Chapters 181 and 183 of the portion of City-owned property to fully described as follows: Codified Ordinances of Cleveland, The Sherwin-Williams Company, or Ohio, 1976, the Director of Public its designee (the “Redeveloper”) no Legal Description for Property Works is authorized to lease to longer needed for the City’s public Adoption of City Park at E. 105th Cleveland Citywide Development use and located in the vicinity of Street and Ashbury Road Corporation, or its designee Columbus Road for purposes of pro- (“CCDC”), certain space located on viding an access drive to its Breen Property 1 (107-23-020): the lower plaza of the New Park Technology Center; and Situated in the City of Cleveland, (the “Leased Premises”) to be used Whereas, this ordinance consti- County of Cuyahoga and State of as an area where restaurant opera- tutes an emergency measure provid- Ohio and known as being part of tors located in the Glenville Circle ing for the usual daily operation of Original 100 Acre Lot No. 385 and North building will be allowed to a municipal department; now, there- bounded and described as follows: serve food and, if sufficiently fore, Beginning on the Westerly line of demarcated from the rest of the Be it ordained by the Council of East 105th Street, (60 feet wide) at park and if a permit(s) has been the City of Cleveland: 1199 28 The City Record July 31, 2019

Section 1. That notwithstanding Redeveloper at a price not less than made through cooperative arrange- and as an exception to the provi- the appraised value of $143,720, ments with other governmental sions of Chapter 181 and 183 of the which is determined to be fair mar- agencies. The Director of Public Codified Ordinances of Cleveland, ket value. Works may sign all documents that Ohio, 1976, it is found and deter- Section 3. That the conveyance are necessary to make the purchas- mined that the following described shall be made by official deed pre- es, and may enter into one or more property, which is a portion of Per- pared by the Director of Law and contracts with the vendors selected manent Parcel No. 101-20-002, is no executed by the Mayor on behalf of through that cooperative process. longer needed for the City’s public the City of Cleveland. The deed Section 3. That the costs of the use: shall contain necessary provisions, contract or contracts shall be including restrictive reversionary charged against the proper appro- City of Cleveland PPN 101-20-002 interests as may be specified by the priation accounts and the Director Parcel A 0.0825 Acre Board of Control or Director of Law, of Finance shall certify the amount Situated in the City of Cleveland, which shall protect the City’s inter- of any purchase under the contract, County of Cuyahoga and State of ests and shall specifically contain a each of which purchases shall be Ohio and known as being part of provision against the erection of made on order of the Commissioner Original Two Acre Lot No. 206. Also any advertising signs or billboards of Purchases and Supplies by a being part of Parcel F of the land except permitted identification delivery order issued against the conveyed to City of Cleveland as signs. contract or contracts and certified recorded in Volume 90-2362, Page 4 Section 4. That the Director of by the Director of Finance. (RQN of the Cuyahoga County Records, Public Works is authorized to exe- 7013, RLA 2019-37) being more definitely described as cute any documents as may be nec- Section 4. That this ordinance is follows: essary to effectuate the purposes of declared to be an emergency mea- Commencing at a 1” iron pin in a this ordinance. sure and, provided it receives the monument box found at the inter- Section 5. That this ordinance is affirmative vote of two-thirds of all section of the centerline of Colum- declared to be an emergency mea- the members elected to Council, it bus Road (54 feet 4 ¾” wide) and sure and, provided it receives the shall take effect and be in force the centerline of West Avenue (50 affirmative vote of two-thirds of all immediately upon its passage and feet wide); the members elected to Council, it approval by the Mayor; otherwise it Thence, along the centerline of shall take effect and be in force shall take effect and be in force Columbus Road, North 11 degrees 18 immediately upon its passage and from and after the earliest period allowed by law. minutes 53 seconds East, 134.25 feet approval by the Mayor; otherwise it to the southwesterly corner of Par- Referred to Directors of Public shall take effect and be in force cel B of land conveyed to Sherwin Works, Finance, Law; Committees from and after the earliest period Williams Company as recorded in on Municipal Services and Proper- allowed by law. Volume 89-2228, Page 18 of the Cuya- ties, Finance. hoga County Records; Referred to Directors of Public Thence, leaving said centerline, Works, City Planning Commission, Ord. No. 900-2019. along Sherwin Williams Company’s Finance, Law; Committees on Munic- By Council Member Kelley. southerly line the following three ipal Services and Properties, An emergency ordinance designat- courses; Finance. ing Buechner Avenue between State North 77 degrees 57 minutes 39 Road and West 41st Street with a seconds East, 109.60 feet; Ord. No. 892-2019. secondary and honorary designation Thence, South 21 degrees 22 min- By Council Members Johnson and of “Honey Hut Ice Cream Way”. utes 46 seconds East, 5.18 feet; Kelley (by departmental request). Whereas, Honey Hut Ice Cream Thence, North 70° 12' 47" East, An emergency ordinance authoriz- opened its first location in Old 21.43 feet to an iron pin set at the ing the purchase by one or more Brooklyn in 1974 when Frank Page True Point of Beginning for the par- requirement contracts of waste col- and his family, wife Marianne and cel herein described; lection and recycling carts, for the kids Marcia, Brian, Bruce, Mark, and Thence, continuing along Sherwin Division of Waste Collection and Sharon, remodeled an old shoe Williams Company’s southerly line, Disposal, Department of Public repair store at the end of their North 70° 12' 47" East, 55.88 feet to Works, for a one-year period. street; and an iron pin set at the northwesterly Whereas, this ordinance consti- Whereas, because Frank was also corner of Parcel 1 of land conveyed tutes an emergency measure provid- an active-duty firefighter at Ladder to Sherwin Williams Company as ing for the usual daily operation of 42 on Pearl Road, he often took sam- recorded in Volume 87-7050, Page 10 a municipal department; now, there- ples of his frozen desserts back to of the Cuyahoga County Records; fore, the firehouse; and Thence, along Sherwin Williams Be it ordained by the Council of Whereas, Frank developed recipes Company’s westerly line, South 32° the City of Cleveland: for several longtime favorites, such 02' 08" East, 14.44 feet to an iron Section 1. That the Director of as Honey Pecan, Orange Blossom, pin set; Public Works is authorized to make and other Honey Hut regular fla- Thence, leaving said westerly one or more written requirement vors; and line, South 52° 53' 21" West, 34.58 contracts under the Charter and the Whereas, since then, Frank’s chil- feet to an iron pin set; Codified Ordinances of Cleveland, dren and grandchildren have taken Thence, South 35° 37' 21" East, on the responsibility of shepherding Ohio, 1976, for the requirements for 15.92 feet to an iron pin set; his vision, now operating five loca- a one-year period of the necessary Thence, South 22° 30' 41" West, tions throughout Northeast Ohio, items of waste collection and recy- 72.96 feet to an iron pin set in the including Brecksville, Brunswick, easterly line of Parcel One in Lot cling carts for the Automated Waste Parma, Solon, and the original Old Split Plat as recorded in Volume 309, Collection and Curbside Recycling Brooklyn location; and Page 24 of the Cuyahoga County Program, in the approximate Whereas, in addition to managing Map Records; amount as purchased during the pre- these locations, they have also Thence, along the easterly line of ceding term, to be purchased by the taken over the responsibility of said Parcel One, North 21° 22' 46" Commissioner of Purchases and Sup- making new ice cream flavors, with West, 67.68 feet to an iron pin set; plies on a unit basis for the Divi- Marcia especially focusing on devel- Thence, leaving said easterly line, sion of Waste Collection and oping special flavors that use local North 18° 42' 33" East, 33.26 feet to Disposal, Department of Public and in-season ingredients and trend- the point of beginning. Works. Bids shall be taken in a ing flavor profiles; and Containing within said bounds manner that permits an award to be Whereas, the citizens of Cleveland 0.0825 acre (3,593 square feet) of made for all items as a single con- want to honor Honey Hut Ice Cream land as surveyed by KS Associates, tract, or by separate contract for with a secondary street sign desig- Inc. under the supervision of Trevor each or any combination of the nation of “Honey Hut Ice Cream A. Bixler, Professional Surveyor, No. items as the Board of Control deter- Way” in recognition of its over four 7730 in January 2016 – April, 2017. mines. Alternate bids for a period decades of serving honey-sweetened Bearings are based on the Ohio less than the specified term may be ice cream in Cleveland; and State Plane, North Zone, taken if desired by the Commis- Whereas, this ordinance consti- NAD83(2011) Grid North. sioner of Purchases and Supplies tutes an emergency measure for the Section 2. That by and at the until provision is made for the immediate preservation of public direction of the Board of Control, requirements for the entire term. peace, property, health or safety; the Commissioner of Purchases and Section 2. That under Section now, therefore, Supplies is authorized to sell the 108(b) of the Charter, the purchases Be it ordained by the Council of above-described property to the authorized by this ordinance may be the City of Cleveland: 1200 July 31, 2019 The City Record 29

Section 1. That Buechner Avenue shall take effect and be in force an anabolic steroid if the project between State Road and West 41st from and after the earliest period has been approved by the United Street is designated with a sec- allowed by law. States food and drug administration; ondary and honorary designation of Referred to Directors of Port Con- (3) Any person who sells, offers “Honey Hut Ice Cream Way”. trol, Finance, Law; Committees on for sale, prescribes, dispenses, or Section 2. That this ordinance is Transportation, Finance. administers for livestock or other hereby declared to be an emergency nonhuman species an anabolic measure and, provided it receives Ord. No. 902-2019. steroid that is expressly intended the affirmative vote of two-thirds of By Council Member Griffin. for administration through implants all the members elected to Council, An emergency ordinance to amend to livestock or other nonhuman it shall take effect and be in force Sections 607.02 and 607.03 of the Cod- species and approved for that pur- immediately upon its passage and ified Ordinances of Cleveland, Ohio, pose under the “Federal Food, Drug, approval by the Mayor; otherwise it 1976, as enacted by Ordinance No. and Cosmetic Act,” 52 Stat. 1040 shall take effect and be in force 834-03, passed June 10, 2003, and Sec- (1938), 21 U.S.C. 301, as amended, from and after the earliest period tion 607.18, enacted by Ordinance No. and is sold, offered for sale, pre- allowed by law. 2797-88, passed May 8, 1989, lowering scribed, dispensed, or administered Referred to Directors of Law; the penalties for marihuana offens- for that purpose in accordance with Committee on Development Plan- es. that act; ning and Sustainability. Whereas, Ohio cities of Toledo, (4) Any person who obtained the Dayton, Cincinnati, Athens, Bellaire, controlled substance pursuant to a Ord. No. 901-2019. Logan, Newark, and Roseville have prescription issued by a licensed By Council Members Cleveland enacted ordinances that lowered the health professional authorized to and Kelley (by departmental penalties for misdemeanor marihua- prescribe drugs. request). na offenses, including possession of (c) Whoever violates this section An emergency ordinance authoriz- marihuana of 200 grams and/or 100 is guilty of drug abuse, and shall be ing the Director of Port Control to grams or less, to no fines or prison sentenced as follows: enter into one or more contracts time; and (1) If the drug involved is a com- with Engineered Arresting Systems Whereas, this Council is compound, mixture, preparation or sub- Corporation dba Safran Arresting pelled to lower the penalties for mis- stance included in Schedule III, IV Systems for professional services demeanor marihuana offenses to no or V, and the amount of drug necessary to inspect, maintain, and fines or prison time in order to involved is less than the bulk repair three Engineered Materials avoid unnecessary incarceration, amount, drug abuse is a misde- Arresting Systems at Cleveland Hop- economic burdens of fines, and meanor of the third degree, and if kins International Airport and uneven enforcement of marihuana the offender has previously been Burke Lakefront Airport, for a peri- charges against minorities; and convicted of a drug abuse offense, od of one year with three one-year Whereas, this ordinance consti- drug abuse is a misdemeanor of the options to renew, the second of tutes an emergency measure provid- second degree; which requires additional legisla- ing for the usual daily operation of (2) If the drug involved is mari- tion. a municipal department; now, there- huana or a compound, mixture, Whereas, this ordinance consti- fore, preparation, or substance containing tutes an emergency measure provid- Be it ordained by the Council of ing for the usual daily operation of the City of Cleveland: marihuana other than hashish, and a municipal department; now, there- Section 1. That Sections 607.02 and the amount is less than two hundred fore, 607.03 of the Codified Ordinances of (200) grams drug abuse is a misde- Be it ordained by the Council of Cleveland, Ohio, 1976, as enacted by meanor of the fourth degree, unless the City of Cleveland: Ordinance No. 834-03, passed June 10, the amount of marihuana involved Section 1. That the Director of 2003, and Section 607.18, enacted by is less than one hundred (100) Port Control is authorized to enter Ordinance No. 2797-88, passed May 8, grams, in which case drug abuse is into one or more contracts with 1989, are amended as follows: a minor misdemeanor. Persons con- Engineered Arresting Systems Cor- victed of violating this section shall poration dba Safran Arresting Sys- Section 607.02 Gift of Marihuana not be fined, all court costs shall be tems for professional services (a) No person shall knowingly suspended, and no incarceration, necessary to inspect, maintain, and give or offer to make a gift of twen- probation, nor any other punitive or repair three Engineered Materials ty (20) grams or less of marihuana. rehabilitative measure shall be Arresting Systems at Cleveland Hop- (b) Whoever violates this section imposed; kins International Airport and is guilty of trafficking in marihua- (3) If the drug involved is an ana- Burke Lakefront Airport on the na, a minor misdemeanor. for the bolic steroid included in Schedule basis of its proposals dated May 22, first offense and a misdemeanor of III, and the amount involved is less 2019 and June 14, 2019, for the the third degree for any subsequent than the bulk amount, drug abuse is Department of Port Control, for a offense. If, the offense was commit- a misdemeanor of the third degree period of one year with three one- ted in the vicinity of a school or in and, in lieu of sentencing an offend- year options to renew, the second of the vicinity of a juvenile, the viola- er to a definite or indefinite term of which required additional legislation is a misdemeanor of the third imprisonment in a detention facility, tion. The first of the one-year degree. Persons convicted of violat- the court may place the offender on options to renew may be exercised ing this section shall not be fined, conditional probation pursuant to by the Director of Port Control, all court costs shall be suspended, division (F) of RC 2951.02, unless without the necessity of obtaining and no incarceration, probation, nor the offender previously has been additional authority of this Council. any other punitive or rehabilitative convicted of a drug abuse offense, The second of the one-year options measure shall be imposed, except in which case drug abuse is a mis- to renew may not be exercised with- when the offense was committed in demeanor of the second degree. out additional legislative authority. the vicinity of a school or in the (d) Arrest or conviction for a If such additional legislative author- vicinity of a juvenile. minor misdemeanor violation of this ity is granted and the second of the section does not constitute a crimi- one-year options to renew is exer- Section 607.03 Drug Abuse: Con- nal record and need not be reported cised, then the third of the one-year trolled Substance Possession or Use by the person so arrested or con- options to renew may be exercised (a) No person shall knowingly victed in response to any inquiries at the option of the Director of Port obtain, possess, or use a controlled about the person’s criminal record, Control, without the necessity of substance. including any inquiries contained in obtaining additional authority of (b) This section does not apply to any application for employment, this Council. The contract or con- the following: license or other right or privilege, tracts shall be paid from Fund No. (1) Manufacturers, licensed health or made in connection with the per- 60 SF 001, Request No. RQS 3001, professionals authorized to prescribe son’s appearance as a witness. RLA 2019-48. drugs, pharmacists, owners of phar- (e) No City of Cleveland police Section 2. That this ordinance is macies, and other persons whose officer, or his or her agent, shall declared to be an emergency mea- conduct was in accordance with RC report the possession, use or giving sure and, provided it receives the Chapters 3719, 4715, 4723, 4729, 4731, away of marihuana to any other affirmative vote of two-thirds of all and 4741; authority except the Cleveland Pros- the members elected to Council, it (2) If the offense involves an ana- ecutor’s Office; and the City Prose- shall take effect and be in force bolic steroid, any person who is con- cutor shall not refer any said report immediately upon its passage and ducting or participating in a to any other authority for prosecu- approval by the Mayor; otherwise it research project involving the use of tion or for any other reason. 1201 30 The City Record July 31, 2019

(f) Should the State of Ohio enact paragraph is a misdemeanor of the 607.18, enacted by Ordinance No. lesser penalties than that set forth first degree. If the drug involved is 2797-88, passed May 8, 1989, are above, or entirely repeal penalties marihuana or a compound, mixture, repealed. for the possession, use, or giving preparation or substance containing Section 3. That this ordinance is away of marihuana, then this ordi- marihuana other than hashish, per- declared to be an emergency mea- nance, or the relevant portions sons convicted of violating Section sure and, provided it receives the thereof, shall be null and void. 607.17 (a) are guilty of a minor mis- affirmative vote of two-thirds of all demeanor and shall not be fined, all the members elected to Council, it Section 607.18 Penalty court costs shall be suspended, and shall take effect and be in force Whoever violates any of the pro- no incarceration, probation, nor any immediately upon its passage and visions of divisions (a), (b) or (c) other punitive or rehabilitative mea- approval by the Mayor; otherwise it of Section 607.17 is guilty of a mis- sure shall be imposed. shall take effect and be in force demeanor of the second degree. If Section 2. That existing Sections from and after the earliest period the offender has previously been 607.02 and 607.03 of the Codified allowed by law. convicted of a violation of divisions Ordinances of Cleveland, Ohio, 1976, Referred to Directors of Public (a), (b) or (c) of Section 607.17, any as enacted by Ordinance No. 834-03, Safety, Finance, Law; Committees subsequent violation of the same passed June 10, 2003, and Section on Safety, Finance.

FIRST READING ORDINANCE REFERRED

Ord, No. 854-2019. By Council Members Johnson and Griffin. An ordinance changing the Use, Height and Area Districts of parcels of land south of Woodhill Avenue between East 90th Street and Martin Luther King Jr. Drive as well as adding an Urban Form Overlay along the major corridors of Shaker Boulevard, Buckeye Road, and Woodhill Road (Map Change 2591). 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 Crestwood Avenue S.E. and the southerly prolongation of the easterly line of parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Program on December 20, 1995 and known as being a sublot east of Sublot No. 172 in Chas. A. Bingham’s Luna Heights Subdivision as part of the Original 100 Acre Lot No. 418 also known as Permanent Parcel Number (PPN) 128-02-030 as shown by recorded plat in Volume 42, Page 19 of the Cuyahoga County Map Records; Thence, easterly along the centerline of Crestwood Avenue S.E. to its intersection with the northerly prolon- gatjon of the easterly line of a parcel of land conveyed by deed to James Reynolds on March 30, 1977 and known as being Sublot No. 126 in said subdivision, as shown by the recorded plat in Volume 42 of Maps, Page 19 of Cuyahoga County Map Records and being the same property conveyed by deed recorded in Volume 14452, Page 961 of Cuyahoga County Records (PPN: 128-02-070); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Grandview Avenue S.E.; Thence, westerly along the centerline of Grandview Avenue S.E. to its intersection with the northerly prolongation of the easterly line of a parcel of land known as Sublot No. 40 in the Luna Heights Subdivision of part of the Original One Hundred Acre Lot Nos. 417 & 418 as shown by the recorded plat in Volume 42 of Maps, Page 19 of Cuyahoga County Map Records; Thence, southerly along said easterly line and its southerly prolongation through the intersection of the centerline of Hulda Avenue and continuing southerly to its intersection with the northerly line of a parcel of land conveyed from Clara Velotta to Clyde W. Adams, Jr by deed on February 16, 1977 (PPN: 128-02-171); Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Shale Avenue S.E.; Thence, westerly along the centerline of Shale Avenue S.E. to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed to Allen Christian by deed on July 12, 2011 as recorded by Cuya- hoga County’s AFN: 201107120175 (PPN: 128-07-005); Thence, southerly along said northerly prolongation to its intersection with the southerly line of said parcel; Thence, easterly along said southerly line to its intersection with the easterly line of Sublot 190 also known as a parcel of land conveyed to King Hou Lam recorded on September 22, 2014 (PPN: 128-07-031) in Cuyahoga County Records; Thence, southerly along said easterly line and its southerly prolongation to its’ intersection with the centerline of Rosehill Avenue; Thence, slightly southerly and westerly along the centerline of Rosehill Avenue to its intersection with the northerly prolongation of a parcel of land conveyed by deed to the Cuyahoga County Reutilization Program on March 10, 2015 and known as being Sublot No. 123 in the Van Sweringen Company’s Re-Subdivision of the Wey- bridge Land Company’s Subdivision of part of Original One Hundred Acre Lot Nos. 425 and 426, as shown by the recorded plat in Volume 49 of Maps, page 16 of Cuyahoga County Records (PPN: 128-06-050); Thence, southerly along said northerly prolongation to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 103rd Street; Thence, southerly along said centerline to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to the East End Neighborhood House Association by deed on July 3, 2008 and recorded by Cuyahoga County AFN: 200807030510 (PPN: 128-06-056); Thence, westerly along said easterly prolongation of said northerly line and continuing westerly to its’ intersection with the middle point of a parcel of land conveyed by a Deed of Survivorship to Jacob & Millie R. Thomp- son on November 23, 1984 and known as being Sublot No. 145 of said Subdivision of part of the Original One Hundred Acre Lot Nos. 425 & 426 (PPN: 128-05-026); Thence, northwesterly from said point along said southerly line and its northwesterly prolongation to its intersection with the westerly line of Sublot No. 147 of said Subdivision; Thence, northeasterly along said westerly line and its northeasterly prolongation to its intersection with the centerline of Rosehill Avenue S.E. (PPN: 128-05-024); Thence, northeasterly along the southwesterly prolongation of the westerly line of Sublot No. 157 in the Van Sweringen Co.’s Resubdivision of the Weybridge Land Co.’s Subdivision No. 1 of part of Original One Hundred Acre Lot Nos. 425 and 426 as shown by the recorded plat in Volume 49 of Maps, Page 16 of Cuyahoga County Records (PPN: 128-05-040) to its intersection with the northerly line thereof; 1202 July 31, 2019 The City Record 31

Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of a parcel of land known as Sublot No. 1 in the Holmes and Everett Marshall’s Resubdivision of Sublots Nos. 52, 54, 55, 58 and part of letter lots “A” and “B” of Z and S Bigelow’s Allotment of part of Original One Hun- dred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 22 of Maps, Page 15 of Cuyahoga County Records (PPN: 128-05-041); Thence, northeasterly along said westerly line to its intersection with the centerline of Shale Avenue S.E.; Thence, northeasterly along the southwesterly prolongation of the westerly line of a parcel of land conveyed to Edward Perdue by deed dated November 17, 1983 and recorded as AFN: 00961270 in Cuyahoga County Records Book 31618, Page 25 (PPN: 128-01-018) to its’ intersection with the northerly line thereof; Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land conveyed to Cleveland New Homes L.P by Quit Claim Deed on January 31, 2017 as recorded in AFN: 201701310558 (PPN: 128-01-050); Thence, northerly along said westerly line continuing through the intersection of the centerline of Hulda Avenue and continuing northerly to its’ intersection with the centerline of Grandview Avenue; Thence, easterly along said centerline to its’ intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by Lutheran Housing to Le-Arthur Lilly and Valeria D. Lilly, husband and wife, by deed on November 10, 1983 (PPN: 128-01-092); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Crestwood Avenue; Thence, easterly along the centerline of Crestwood Avenue to its intersection with the southerly prolongation of the westerly line of Sublot No. 136 in The Luna Heights Subdivision of part of Original One Hundred Acre Lot Nos. 417 and 418 as shown by recorded plat in Volume 42 of Maps, Page 19 of Cuyahoga County Records (PPN: 128-01-126); Thence, northerly along said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed to William & Ethel Scott by deed from Geneva Scott on September 5, 1978 as recorded by AFN: 00314189 in Book 14844, Page 453 of Cuyahoga County Records also referred to as Sublot No. 172 in said Subdivision (PPN: 128-02-031); Thence, northerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Program on December 20, 1994 and known as being the sublot east of Sublot No. 172 in the Chas A. Bingham’s Luna Heights Subdivision as part of the Original One Hundred Acre Lot No. 418 as shown by recorded plat in Cuyahoga County Map Records (PPN:128- 02-030); Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Crestwood Avenue S.E. and the point of origin; And as identified on the attached map shall be changed to a ‘Two Family Residential District’, a ‘D’ Area Dis- trict and a ‘1’ Height District; Section 2. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Steinway Avenue (formerly Oakfield Avenue S.E.) and the centerline of Wamelink Avenue; Thence, westerly along the centerline of Steinway Avenue to its intersection with the southwesterly prolongation of the easterly line of a parcel of land conveyed by deed to James (Jimmie) Walls dated June 27, 1997 as recorded in Auditor’s File Number (AFN): 00518743 in Book 6198, Page 24 of Cuyahoga County Map Records and also known as part of Sublot Nos. 19, 20, 21, and 22 in Reuben Yeakel Subdivision of part of Original One Hun- dred Acre Lot Nos. 417, 424 and 425, as shown by the recorded plat in Volume 5 of Maps, Page 16 of Cuyahoga County Records, and also part of that certain strip of land formerly used as an alley running southerly from Yeakel Avenue to Steinway Avenue and the rear of Sublots Nos. 19 to 24, both inclusive in said Subdivision (PPN: 126-15-079); Thence, northeasterly along said southwesterly prolongation to its intersection with the southerly line of PPN: 126-15-080 which has been consolidated by the Appraisal Department as PPN: 126-15-013 and deeded to New York Central Lines as recorded in Book 126, Page 15 of Cuyahoga County Map Records; Thence, easterly along said southerly line to its intersection with the easterly line thereof; Thence, northeasterly and then northerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed by deed to James (Jimmie) Walls (PPN: 126-18-079) as recorded in Book 126, Page 15 of Cuyahoga County Map Records; Thence, westerly along said northerly line to its intersection with the most westerly line of a parcel of land (PPN: 126-15-061) deeded to New York Central Lines and also consolidated into PPN: 126-15-013; Thence, northeasterly along said westerly line and its northeasterly prolongation to its intersection with the centerline of Yeakel Avenue N.E.; Thence, westerly along the centerline of Yeakel Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Pro- gram dated June 7, 1995 as recorded in AFN: 00031008 of Book 4392, Page 28 of Cuyahoga County Map Records (PPN: 126-15-057); Thence, northerly along said southerly prolongation of said westerly line and its northerly prolongation to its intersection with the centerline of Cumberland Avenue (Formerly Charles Road); Thence, easterly along the centerline of Cumberland Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land known as Sublot No. 109 in Yeakel and Orwig’s Allotment of part of Orig- inal One Hundred Acre Lot Nos. 417 and 418 as shown by the recorded plat in Volume 5 of Maps, Page 17 of Cuyahoga County Records (PPN: 126-15-040); Thence, northerly along said southerly prolongation of the westerly line and its northerly prolongation to its intersection with the centerline of Kennedy Court Southeast (SE); Thence, easterly along the centerline of Kennedy Court to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by deed to Melvin Walker dated November 9, 2012 as recorded in AFN: 201211090389 of Cuyahoga County Map Records (PPN: 126-16-054); Thence, southerly along said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by deed to Bernice Johns on June 1, 2001 (PPN: 126-16-052); 1203 32 The City Record July 31, 2019

Thence, southerly along the northerly prolongation of the westerly line of said parcel to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of parcel of land conveyed by deed to Ebony Burks dated August 9, 2018 as recorded in Book 126, Page 16 of Cuyahoga County Fiscal Records (PPN: 126-16-051); Thence, southwesterly along said easterly line and its southwesterly prolongation to its intersection with the centerline of Kennedy Avenue; Thence, westerly along the centerline of Kennedy Avenue to its intersection with the northerly prolongation of easterly line of Sublot No. 10 in Richard Morrow’s proposed Subdivision of part of Original One Hundred Acre Lots Nos. 417 and 418 (PPN: 126-16-085); 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 easterly line of a parcel of land conveyed by deed to Thomas and Jerdine King dated February 16, 1977 as recorded in AFN: 00070669 in Book 14439, Page 961 of Cuyahoga County Map Records (PPN: 126-16-037); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Cumberland Avenue S.E.; Thence, westerly along the centerline of Cumberland Avenue S.E. to its intersection with the northerly prolongation of the easterly line a parcel of land conveyed by deed to Joan Clarke dated February 1, 1990 as recorded in AFN: 00855670 of Book 640, Page 51 of Cuyahoga County Fiscal Records (PPN: 126-17-005); Thence, southerly along said northerly prolongation of the easterly line and its southerly prolongation to its intersection with the centerline of Yeakel Avenue S.E.; Thence, westerly along the centerline of Yeakel Avenue S.E. to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed by deed to Charles Brown dated February 21, 2001 and known as being part of Sublots Nos. 92 and 93 in Reuben Yeakel’s Subdivision of part of Original One Hundred Acre Lots Nos. 417 and 425, as shown by the recorded plat of said Subdivision in Volume 10 of Maps, page 25 of Cuya- hoga County Records (PPN: 126-17-037); Thence, southerly along said easterly line and its southerly prolongation to its intersection with Yeakel Court S.E.; Thence, westerly along the centerline of Yeakel Court S.E. to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by deed to Brian Priesler dated January 21, 1986 as recorded in AFN: 00144436 of Book 60282, Page 59 of Cuyahoga County Records (PPN: 126-17-008); Thence, southerly along said westerly line and its southerly prolongation to its intersection with the centerline of Steinway Avenue; Thence, westerly along the centerline of Steinway Avenue to its intersection with the northeasterly prolongation of the easterly line of Sublot No. 44 in J.T. Wamelink’s Re-Subdivision of part of Original One Hundred Acre Lots Nos. 424 and 425, as shown by recorded plat in Volume 23 of Maps, Page 13 of Cuyahoga County Records (PPN: 126-18-052); Thence, southwesterly along said northeasterly prolongation of the easterly line and its southwesterly prolongation to its intersection with the centerline of Wamelink Avenue; Thence, northwesterly along the centerline of Wamelink Avenue S.E. to its intersection with the centerline of Steinway Avenue and the point of origin; And; Beginning at the intersection of the centerline of East 110th Street and the westerly prolongation of the northerly line of a parcel of land conveyed by deed to Henry Banks, dated January 21, 2002 as recorded in Auditor’s File Number (AFN): 200201310108 of Cuyahoga County Records (PPN: 128-02-023); Thence, southerly along the centerline of East 110th Street to its intersection with the centerline of Shaker Boulevard; Thence, southwesterly along the centerline of Shaker Boulevard to its intersection with the centerline of Rose- hill Avenue S.E.; Thence, north and northwesterly along the centerline of Rosehill Avenue to its intersection with the southerly prolongation of the easterly line of a parcel of land known as Sublot No. 190 in Van Sweringen Company’s Sub- division No. 1 of part of Original One Hundred Acre Lot Nos. 425 and 426, as shown by the recorded plat in Vol- ume 49 of Maps, Page 16 of Cuyahoga County Records (PPN: 128-07-031); Thence, north and slightly northwesterly along said southerly prolongation to its intersection with the southerly line of Sublot No. 24 in Zerniah M. Bigelow Subdivision of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 9 of Maps, Page 15 of Cuyahoga County Records (PPN: 128- 07-006); Thence, westerly along said southerly line to its intersection with the westerly line thereof; Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Shale Avenue S.E.; Thence, easterly along said centerline of Shale Avenue to its intersection with the southerly prolongation of the easterly line of a parcel of land known as Sublot No. 5 in Zerniah M. Bigelow and Silas Bigelow’s Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 9 of Maps, Page 15 of Cuyahoga County Records (PPN: 128-02-171); Thence, northerly along said southerly prolongation to its intersection with the northerly line thereof; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the westerly line of a parcel of land conveyed by Quit Claim Deed to Joseph Vascek dated December 23, 1991 as recorded by AFN: 00185554 in Book 18336, Page 28 of Cuyahoga County Records (PPN: 128-02-166); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Grandview Avenue; Thence, easterly along the centerline of Grandview Avenue to its intersection with the southerly prolongation of the of the westerly line of Sublot No. 46 in The Luna Heights Subdivision of part of Original One Hundred Acre Lots Nos. 417 and 418, as shown by the recorded plat in Volume 42 of Maps, Page 19 of Cuyahoga County Records (PPN: 128-02-073); Thence, northerly along said southerly prolongation and its northerly prolongation to its intersection with the centerline of Crestwood Avenue; Thence, westerly along the centerline of Crestwood Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by deed to Peter Ford as dedicated in AFN: 00053281 in Book 14424, Page 419 of Cuyahoga County Records (PPN: 128-02-023); 1204 July 31, 2019 The City Record 33

Thence, northerly along said southerly prolongation to its intersection with the northerly line thereof; Thence, easterly along said northerly line to its intersection with the centerline of East 110th Street and the point of origin; And; Beginning at the intersection of the centerline of East 104th (formerly Duffner) Street and the centerline of an alley formerly known as Albay Court S.E.; Thence, southerly along the centerline of East 104th Street to its intersection with the centerline of Sophia Avenue; Thence, westerly along the centerline of Sophia Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by deed to Randy Hill dated April 18, 1989 as recorded by AFN: 00725891 in Book 91840, Page 5 of Cuyahoga County Records (PPN: 128-12-093); Thence, northerly along said southerly prolongation of westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of a parcel of land known as being the northerly 38 feet of Sublots Nos. 25, 26, and 27 in Isaac H. Marshall’s Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 7 of Maps, Page 20 of Cuyahoga County Records (PPN: 128-12-123); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Stoughton Avenue; Thence, easterly along the centerline of Stoughton Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by deed to Joseph & Ruby Hightower also known as being the Westerly 35 feet of the easterly 45 feet of Sublots 1 and 2 in Isaac H. Marshall Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 7 of Maps, page 20 of Cuya- hoga County Records (PPN 128-12-110); Thence, northerly along said the southerly prolongation of said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of a parcel of land conveyed by deed to Nathaniel Potis dated September 23, 2011 as recorded in AFN: 201109230368 of Cuyahoga County Records (PPN: 128-12-122); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Elwell Avenue; Thence, easterly along the centerline of Elwell Avenue to its intersection with the centerline of East 97th (formerly Sperling) Street; Thence, northerly along the centerline of East 97th Street to its intersection with the southerly line of a parcel of land conveyed by deed to Commonwealth Upscale Properties LLC dated July 14, 2017 as recorded in AFN: 201070140777 of Cuyahoga County Records (PPN:128-10-015); Thence, easterly along said southerly line to its intersection with the easterly line thereof; Thence, northerly along said easterly line to its intersection with the northerly line of Sublot No. 67 in J.J. Elwells Woodlands Hills Allotment of part of Original One Hundred Acre Lot Nos. 425 and 426, as shown by recorded plat in Volume 25 of Maps, Page 23 of Cuyahoga County Records (PPN 128-10-016); Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, northeasterly along the northeasterly prolongation of the easterly line of said parcel to its intersection with the northeasterly line of a parcel of land conveyed by deed to Stonecrest Investments LLC dated May 13, 2018 as recorded in AFN: 200805130899 of Cuyahoga County Records (PPN: 128-10-029); Thence, southeasterly along said northeasterly line and its southeasterly prolongation to its intersection with the westerly line of Sublot No. 38 in The R. Edward Heirs Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 27 of Maps, Page 9 of Cuyahoga County Records (PPN 128-10-045); Thence, northeasterly along said westerly line and its northeasterly prolongation to its intersection with the northerly line of Sublot No. 36 in R. Edwards Heirs Subdivision of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 27 of Maps, Page 9 of Cuyahoga County Records (PPN 128-10-048); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 99th Street; Thence, southerly along the centerline of East 99th (formerly Beyer) Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 43 in the aforementioned Subdivision and also known as a parcel of land conveyed to City of Cleveland Land Reutilization Program by Quit Claim Deed dated October 6 2016 as recorded by AFN: 201610060572 of Cuyahoga County Records (PPN: 128-11-047); Thence, easterly along said prolongation of the northerly line to its intersection with the easterly line thereof; Thence, northerly along said easterly line and its northerly prolongation to its intersection with the northerly line of Sublot No. 50 in said Allotment, as shown by the recorded plat in Volume 27 of Maps, Page 9 of Cuya- hoga County Records (PPN 128-11-049); Thence, southeasterly along said northerly line and its slightly southeasterly prolongation to its intersection with the centerline of East 102nd Street; Thence, southerly along the centerline of East 102nd Street to its intersection with the centerline of an alley formerly known as Ariel Court; Thence, easterly along the centerline of Ariel Court to its intersection with an alley formerly known as East 103rd Place; Thence, southerly along the centerline of East 103rd Place to its intersection with the westerly prolongation of the northerly line of Sublot No. 84 in Prochaska and Polcar’s South Woodland Avenue Subdivision of part of Orig- inal 100 Acre Lot No. 426 as shown by recorded plat in Volume 28 of Maps, Page 23 of Cuyahoga County Records (PPN 128-11-018); Thence, easterly along the westerly prolongation of said northerly line and its easterly prolongation to its intersection with the centerline of East 104th Street; Thence, southerly along the centerline of East 104th Street to its intersection with the centerline of the alley (formerly Albay Court) and the point of origin; And; Beginning at the intersection of the centerline of Sophia Avenue and the centerline of East 92nd Street; 1205 34 The City Record July 31, 2019

Thence, northerly and northeasterly along the centerline of East 92nd Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Kenneth B Jackson dated July 11, 2013 and known as being Sublot No. 1 in The Belt and Terminal Realty Company’s Re-Subdivision No. 2 of part of Original One Hundred Acre Lot No. 424, as shown by the recorded plat in Volume 37 of Maps, Page 30 of Cuya- hoga County Records (PPN 126-36-002); Thence, easterly along said prolongation of northerly line to its intersection with the easterly line thereof; Thence, northerly along said easterly line and its northerly prolongation to its intersection with the northerly line of a parcel of land conveyed to the City of Cleveland by Sheriff’s Deed dated June 21, 1993 as recorded in AFN: 00530804 of Book 6280, Page 27 of Cuyahoga County Records (PPN:126-36-070); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program dated February 28, 2015 and known as being Sublot No. 3 in Frank Kysela’s Re-Allotment of part of Original One Hundred Acre Lot No. 426, as shown by the recorded plat in Volume 26 of Maps, Page 14 of Cuyahoga County Records (PPN: 126-37-085); Thence, southwesterly along said easterly line and its southwesterly prolongation to its intersection with the southerly line of a parcel of land known conveyed to Bertha Robinson dated April 21, 1998 as recorded by AFN: 00728920 in Book 4610, Page 26 of Cuyahoga County Records (PPN: 126-37-081); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of Sublot No. 151 in W. H. Osborn’s et. Al. Re-allotment of part of Original One Hundred Acre Lots, Nos. 424 and 425, as shown by the recorded plat in Volume 5 of Maps, Page 25 of Cuyahoga County Records (PPN: 126- 37-071); Thence, southwesterly along said easterly line and its southwesterly prolongation to its intersection with the centerline of Woodhill Court; Thence, easterly along the centerline of Woodhill Court to its intersection with the northerly prolongation of the westerly line of a parcel of land conveyed by deed to Martin & Victoria Goldsborough dated December 29, 1995 as recorded by AFN: 00163173 in Book 11175, Page 14 of Cuyahoga County Records and known as being Sublot No. 7 in The Stewart and Crowell’s Subdivision of part of Original One Hundred Acre Lots Nos. 424 and 425, as shown by the recorded plat in Volume 7 of Maps, Page 21 of Cuyahoga County Records (PPN: 126-37-055); Thence, southerly along said westerly line and its southerly prolongation to its intersection with the centerline of Sophia Avenue; Thence, westerly along the centerline of Sophia Avenue to its intersection with the centerline of East 92nd Street and the point of origin; And as identified on the attached map shall be changed to a ‘Multi-Family Residential’ District, a ‘G’ Area Dis- trict and a ‘2’ Height District; Section 3. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Martin Luther King Jr. Drive and the centerline of Buckeye Road; Thence, westerly along the centerline of Buckeye Road to its intersection with the centerline of East 108th Street; Thence, northerly along the centerline of East 108th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land known as being part of Parcel 2 in the John R. Edward Heirs’ Subdivision of part of Original One Hundred Acre Lot No. 426, as shown by the recorded plat in Volume 27 of Maps, Page 7 of Cuyahoga County Records (PPN: 128-07-064); Thence, westerly along said northerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Larry & Wilda Jones dated June 23, 1978 as recorded in AFN: 00277739 of Book 14814, Page 275 of Cuyahoga County Records (PPN: 128-07-052); Thence, southerly along said easterly line to its intersection with the southerly line of thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 106th Street (formerly East 107th Street); Thence, southerly along the centerline of East 106th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 1 in Rhoda S. Roberts Subdivision of part of Original One Hundred Acre Lot No. 426, as shown by the recorded plat in Volume 64 of Maps, Page 23 of Cuyahoga County Records (PPN: 128-07- 053); Thence, slightly northwesterly 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 thereof; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Morning Star Baptist Church dated October 9, 1998 and known as Sublot No. 5 (PPN: 128-07-056); Thence, northerly along said easterly line to its intersection with the northerly line thereof; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of East 103rd Street (formerly Pioneer Street); Thence, southerly along the centerline of East 103rd Street to its intersection with the centerline of Buckeye Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the centerline of East 99th Street; Thence, southerly along the centerline of East 99th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land known as Sublot No. 35 in said Allotment as shown by the recorded plat in Volume 27 of Maps, Page 9 of Cuyahoga County Records (PPN: 128-10-049); Thence, westerly along said southerly line to its intersection with the westerly line of Sublot No. 36 (PPN: 128- 10-048); Thence, southwesterly along said westerly line and its southwesterly prolongation to its intersection with the southwesterly line of a parcel of land conveyed to The Cleveland Electric Illuminating Company by deed dated December 11, 2002 and known as part of Original One Hundred Acre Lot 425 as recorded in Volume 5222, Page 482 in Cuyahoga County Records (PPN: 128-10-003); Thence, northwesterly along said southwesterly line to its intersection with the northwesterly line of a parcel of land conveyed to Stonecrest Investments, LLC dated May 13, 2008 as recorded by AFN: 200805130899 (PPN: 128- 10-029); Thence, southwesterly along said line and its southwesterly prolongation to its intersection with the southerly line of a parcel of land conveyed by deed to Commonwealth Upscale Properties LLC dated July 14, 2017 as recorded by AFN: 201707140777 of Cuyahoga County Records (PPN: 128-10-004); 1206 July 31, 2019 The City Record 35

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of Woodhill (formerly Newburgh) Road; Thence, northeasterly along the centerline of Woodhill Road to its intersection with the centerline of Buckeye Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the centerline of Ambler Avenue (formerly Highland Street S.E.); Thence, southwesterly and southerly along the centerline of Ambler Avenue to its intersection with the centerline of Holton Avenue S.E.; Thence, westerly along the centerline of Holton (formerly Morton) Avenue to its intersection with the centerline of McCurdy Street; Thence, northerly along the centerline of McCurdy Street and continuing northeasterly to its intersection with the centerline of Buckeye (formerly Edwards) Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the centerline of East 93rd Street; Thence, northeasterly along the centerline of East 93rd Street to its intersection with the centerline of Stein- way Avenue; Thence, easterly along the centerline of Steinway Avenue to its intersection with the centerline of Wamelink Avenue; Thence, southeasterly along the centerline of Wamelink Avenue to its intersection with the centerline of Wood- hill Road; Thence, northeasterly along the centerline of Woodhill Road to its intersection with the northwesterly prolongation of the southerly line of Sublot No. 152 in The Van Sweringen Company’s ReSubdivision of the Weybridge Land Company’s Subdivision No. 1 of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 49 of Maps, Page 16 of Cuyahoga County Records (PPN 128-05-005); Thence, southeasterly along said line to its intersection with the southeasterly line thereof; Thence, northerly along said line to its intersection with the southerly line of Sublot No. 147 in the Van Swerin- gen Company’s Resubdivision of Weybridge Land Company’s Subdivision of part of Original One Hunded Acre Lot Nos. 425, and 426, as shown by the recorded plat in Volume 49 of Maps, Page 16 of Cuyahoga County Records (PPN: 128-05-024); Thence, southeasterly along said southerly line and its southeasterly prolongation to its intersection with the southerly line of Sublot 145 or a parcel of land conveyed by deed to Millie Thompson dated November 23, 1984 as recorded by AFN: 01110300 in Book 45579, Page 56 of Cuyahoga County Records (PPN: 128-05-026); Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 103rd Street; Thence, northerly along the centerline of East 103rd Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by deed to AEP Charter Shaker LLC dated January 12, 2015 as recorded in AFN: 201501120217 and known as Sublot No. 101 in the aforementioned Subdivision (PPN: 128-06- 055); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of Sublot No. 122 in the Van Sweringen Company’s Re-Subdivision of the Weybridge Land Company’s Subdi- vision No. 1 part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 49 of Maps, Page 16 of Cuyahoga County Records (PPN: 128-06-051); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Rosehill Avenue; Thence, easterly and southeasterly along Rosehill Avenue S.E. to its intersection with the centerline of Shak- er Boulevard (north of the Cleveland Interurban R.R. Co.); Thence, northeasterly along the centerline of Shaker Boulevard to its intersection with the centerline of Mar- tin Luther King Jr. Drive; Thence, southerly and southwesterly along said centerline to its intersection with the centerline of Buckeye Road and the point of origin; And as identified on the attached map shall be changed to a ‘Residence Office’ District, a ‘E’ Area District and a ‘3’ Height District; Section 4. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Buckeye Road and the centerline of Ambler (formerly High- land Street S.E.) Avenue; Thence, southeasterly along the centerline of Buckeye Road to its intersection with the centerline of Woodhill Road; Thence, southwesterly along the centerline of Woodhill Road to its intersection with the centerline of Holton Avenue S.E.; Thence, westerly along the centerline of Holton Avenue to its intersection with the centerline of Ambler Avenue; Thence, northerly along the centerline of Ambler Avenue and northeasterly to its intersection with the centerline of Buckeye Road and the point of origin; And as identified on the attached map shall be changed to ‘Residence-Industry’ District, a ‘E’ Area District and a ‘3’ Height District; Section 5. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of East 92nd Street and the centerline of Holton (formerly Mor- ton) Avenue; Thence, easterly along the centerline of Holton (Morton) Avenue to its intersection with the centerline of Wood- hill (Newburgh) Road; Thence, southwesterly along the centerline of Woodhill Road to its intersection with the easterly prolongation of the southerly line of Sublot No. 4 in Winslow and Sharp’s Subdivision of parts of Original One Hundred Acre Lots Nos. 424 and 425 as shown by the recorded plat in Volume 5 of Maps, Page 47 of Cuyahoga County Records (PPN: 126-37-014); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly prolongation of the southerly line of Sublot No. 13 in said allotment as shown by recorded plat in Volume 5 of Maps, Page 47 of Cuyahoga County Records (PPN: 126-36-125); Thence, westerly along said easterly prolongation of the southerly line and its westerly prolongation to its intersection with the westerly line of a parcel of land conveyed to Steve McCreary & Loretta Davis dated April 3, 1985 as recorded by AFN: 00011093 in Book 51997, Page 42 in Cuyahoga County Records (Sublot No. 96 or PPN: 126-36-070); 1207 36 The City Record July 31, 2019

Thence, southerly along said westerly line to its intersection with the southerly line of Sublot No. 29 in A.P. Winslow and C.O. Sharp’s Allotment of part of Original One Hundred Acre Lots Nos. 424 and 425, as shown by the recorded plat in Volume 5 of Maps, Page 47 of Cuyahoga County Records and a small part of Sublot No. 1 in the Belt and Terminal Realty Company’s Re-Subdivision No. 2 of part of Original One Hundred Acre Lot No. 424, as shown by the recorded plat in Volume 37 of Maps, Page 30 of Cuyahoga County Records (PPN 126-36-001); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 92nd Street; Thence, northeasterly along the centerline of East 92nd Street to its intersection with the centerline of Holton Avenue and the point of origin; And; Beginning at the intersection of the centerline of Buckeye Road and centerline of East 99th (formerly Beyer) Street; Thence, southeasterly along the centerline of Buckeye Road S.E. to its intersection with the centerline of East 103rd Street; Thence, northerly along the centerline of East 103rd Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by deed to Michael & Linda Craig dated September 7, 2016 as recorded in AFN: 201609070239 of Cuyahoga County Records (PPN: 128-06-063); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of Sublot No. 5 in The Rhoda S. Roberts Subdivision of part of Original One Hundred Acre Lot No. 426, as shown by recorded plat in Volume 64 of Maps, Page 23 of Cuyahoga County Records (PPN: 128-07-056); Thence, southerly along said easterly line to its intersection with the westerly prolongation of the northerly line of Sublot No. 4 in aforementioned Subdivision 4 (PPN: 128-07-057); Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line to its intersection with the northerly line of Sublot No.3 and part of Sublot No. 2 in The Rhoda S. Roberts Subdivision of part of Original One Hundred Acre Lot No. 426, as shown by recorded plat in Volume 64 of Maps, Page 23 of Cuyahoga County Records (PPN: 128-07-058); Thence, southeasterly along said northerly line and its southeasterly prolongation to its intersection with the centerline of East 106th (formerly East 107th) Street; Thence, northerly along the centerline of East 106th Street to its intersection with the westerly prolongation of the northerly line of Parcel No. 2 in Edward Heir’s Subdivision of part of Original One Hundred Acre Lot No. 426, as shown by recorded plat in Volume 27 of Maps, Page 7 of Cuyahoga County Records (PPN: 128-07-060); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the westerly line of a parcel of land conveyed to Dorothy Bolla by Quit Claim deed dated June 11, 1993 as recorded in AFN: 00525128 of Book 5963, Page 37 of Cuyahoga County Records (PPN: 128-07-062); Thence, northerly along said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 108th Street; Thence, southerly along the centerline of East 108th Street to its intersection with the centerline of Buckeye Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the northerly prolongation of the easterly line of Sublot No. 11 in Prochaska and Polcar’s “South Woodland Avenue Allotment” of part of Original One Hundred Acre Lot No. 426, as shown by the recorded plat in Volume 28 of Maps, Page 23 of Cuya- hoga County Records (PPN: 128-15-003); Thence, southerly along said northerly prolongation to its intersection with the southerly line thereof; Thence, slight northwesterly along said southerly line and its northwesterly prolongation to its intersection with the centerline of East 104th Street; Thence, northerly along said East 104th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 8 in the aforementioned allotment (PPN: 128-11-017); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the alley also known as the centerline of East 103rd Place; Thence, northerly and westerly along said centerline to its intersection with the centerline of East 102nd Street; Thence, northerly along the centerline of East 102nd Street to its intersection with the southeasterly prolongation of the southerly line of Sublot No. 62 in R. Edwards Subdivision of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 27 of Maps, Page 8 of Cuyahoga County Records (PPN: 128-11-009); Thence, northwesterly along said southeasterly prolongation of said southerly line to its intersection with the easterly line of Sublot 44 and part of Sublots No. 45 and 46 in R. Edwards Heir’s Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in in Volume 27 of Maps, Page 9 of Cuyahoga County Records (PPN 128-11-048); Thence, southerly along said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 99th Street; Thence, northerly along the centerline of East 99th Street to its intersection with the centerline of Buckeye Road and the point of origin; And as identified on the attached map shall be changed to ‘Local-Retail Business’ District, an ‘F’ Area District and a ‘2’ Height District; Section 6. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Yeakel Avenue and the centerline of East 93rd (formerly Oak- dale) Street; Thence, easterly along the centerline of Yeakel Avenue to its intersection with the northeasterly prolongation of the easterly line of Sublot No. 66 in Reuben Yeakel’s Subdivision of part of Original One Hundred Acre Lots Nos. 417, 424, and 425 as shown by the recorded plat in Volume 5 of Maps, Page 16 of Cuyahoga County Records (PPN: 126-15-059); Thence, southwesterly along said easterly line and its southwesterly prolongation to its intersection with the northerly line of a parcel of land conveyed by deed to NGP Inc. dated September 28, 1988 as recorded by AFN: 00638874 in Book 85055, Page 62 of Cuyahoga County Fiscal Records (PPN: 126-15-079); Thence, easterly along said northerly line to its intersection with the easterly line of a the aforementioned parcel of land that has been consolidated by New York Lines into PPN: 126-15-080 and is also better known as PPN: 126-15-013; 1208 July 31, 2019 The City Record 37

Thence, southerly along said easterly line to its intersection with the southeasterly line thereof; Thence, southwesterly along said line to its intersection with the southerly line thereof; Thence, westerly along said southerly line to its intersection with the easterly line of a parcel of land known as being parts of Sub Lots Nos. 19, 20, 21 and 22 in Reuben Yeakel’s Subdivision of part of Original 100 Acre Lots Nos. 417, 424, and 425 as shown by the recorded plat in Volume 5 of Maps, Page 16 of Cuyahoga County Records and also part of that certain strip of land formerly used as an alley running Southerly from Yeakel Avenue, S.E. to Steinway Avenue, S.E., along the rear of Sublots Nos. 19 to 25 both inclusive in said Subdivision (PPN 126-15-079); Thence, southwesterly along said easterly line and its southwesterly prolongation to its intersection with the centerline of Steinway Avenue; Thence, westerly and southwesterly along the centerline of Steinway Avenue to its intersection with the centerline of Buckeye (formerly Woodland) Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the southwesterly prolongation of the northwesterly line of Sublot No. 10 in Reuben Yeakel’s Allotment of part of Original One Hundred Acre Lot Nos. 417, 424 and 425 as recorded in Volume 5 of Maps, Page 16 of Cuyahoga County Records (PPN: 126- 14-032); Thence, northeasterly along said southwesterly prolongation to its intersection with the northerly line thereof; Thence, easterly along said northerly line to its intersection with the centerline of Tanto Court S.E.; Thence, easterly along Tanto Court S.E. to its intersection with the centerline of East 93rd Street; Thence, northerly along the centerline of E. 93rd Street to its intersection with the centerline of Yeakel Avenue and the point of origin; And; Beginning at the intersection of the centerline of Woodhill Road and the westerly prolongation of the northerly line of Sublot No. 132 of the Luna Heights Subdivision of part of Original One Hundred Acre Lot Nos. 417 and 418, as shown by the recorded plat in Volume 42 of Maps, Page 19 of Cuyahoga County Records (PPN: 128-01- 002); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Gary & Victoria Smith Cooper dated April 8, 1997 as recorded by AFN: 0043008 in Book 3067, Page 59 of Cuyahoga County Fiscal Records (PPN: 128-01-125); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Crestwood Avenue; Thence, westerly along the centerline of Crestwood Avenue to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed by Quit Claim Deed to Willie Jones dated September 11, 1991 recorded by AFN: 00136582 in Book 15830, Page 24 of Cuyahoga County Records and also known as Sublot No. 88 in Charles A. Bingham’s Luna Heights Subdivision of part of Original 100 Acre Lots Nos. 417 and 418 (PPN: 128- 01-005); Thence, southerly along said easterly and its southerly prolongation to its intersection with the centerline of Grandview Avenue; Thence, westerly along the centerline of Grandview Avenue to its intersection with the northerly prolongation of the easterly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Program dated February 28, 2008 as recorded by AFN: 200802280193 in Cuyahoga County Fiscal Records (PPN: 128-01-013); Thence, southerly along said northerly prolongation of said easterly line and its southerly prolongation to its intersection with the northerly prolongation of the easterly line of Sublot No. 4 and 5 in The H.H. Subdivision of part of Original One Hundred Acre Lot Nos. 417, 418, 425 and 426 as shown on Lot Consolidation for Buckeye Homes II Limited Partnership, as recorded in Volume 284 of Maps, Page 18 of Cuyahoga County Records (PPN: 128-01-051); Thence, southerly along said easterly line and its southerly and southwesterly prolongation to its intersection with the centerline of Shale Avenue; Thence, southwesterly along the northeasterly prolongation of the southeasterly line of a parcel of land that was deeded to the Cuyahoga Metropolitan Housing Authority dated January 1, 1975 and formerly known as the Retreat of the YMCA Girls Home (PPN: 128-05-001) to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Robert Seuferer dated September 11, 2013 as recorded in AFN: 201309110047 of Cuyahoga County Fiscal Records (PPN: 128-05-002); Thence, southerly and southwesterly along said easterly line and its southwesterly prolongation to its intersection with the southerly line of Sublot No. 152 in The Van Sweringen Company’s ReSubdivision of the Wey- bridge Land Company’s Subdivision No. 1 of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by recorded plat in Volume 49 of Maps, Page 16 of Cuyahoga County Records (PPN 128-05-005); Thence, westerly along said southerly line and its slight northwesterly prolongation to its intersection with the centerline of Woodhill Road; Thence, southwesterly along the centerline of Woodhill Road to its intersection with the centerline of Wamelink Avenue; Thence, northwesterly along the centerline of Wamelink Avenue to its intersection with the southwesterly prolongation of the westerly line of a parcel of land conveyed by deed to Shaker Woodhill Corp dated August 3, 1965 as recorded by AFN: 00911211 in Book 11635, Page 863 of Cuyahoga County Fiscal Records (PPN: 126-18-007); Thence, northeasterly along said westerly line and its northeasterly prolongation to its intersection with the centerline of Steinway (formerly Oakfield) Avenue S.E.; Thence, easterly along the centerline of Steinway Avenue S.E. to its intersection with the southerly prolongation of the westerly line of Sublot No. 90 in R. Yeakel’s Allotment of part of Original One Hundred Acre Lots Nos. 417 and 425, as shown by the recorded plat in Volume 10 of Maps, Page 25 of Cuyahoga County Records (PPN 126-17-008); Thence, northerly along said southerly prolongation to its intersection with the northerly line thereof; Thence, easterly along said northerly line to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by Sheriff’s Deed to Lois Lomazow dated August 4, 1978 as recorded in AFN: 00299020 of Book 14832, Page 65 of Cuyahoga County Fiscal Records (PPN: 126-17-007); Thence, northerly along said southerly prolongation of said westerly line and its northerly prolongation to its intersection with the centerline of Yeakel Avenue S.E.; 1209 38 The City Record July 31, 2019

Thence, easterly along the centerline of Yeakel Avenue S.E. to its intersection with the southerly prolongation of the westerly line of a parcel of land known as being parts of Sublots Nos. 107 and 108 in R. Yeakel’s Allot- ment of part of Original One Hundred Acre Lots Nos. 417 and 425, as shown by recorded plat in Volume 10 of Maps, Page 25 of Cuyahoga County Records (PPN: 126-17-006); Thence, northerly along the southerly prolongation of said line and continuing along its northerly prolongation to its intersection with the centerline of Cumberland Avenue; Thence, easterly along the centerline of Cumberland Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by Deed to Jerdine King dated December 18, 1996 as recorded by AFN: 00397796 in Book 12363, Page 6 of Cuyahoga County Fiscal Records (PPN: 126-16-038); Thence, northerly along said prolongation to its intersection with the northerly line thereof; Thence, easterly along said northerly line to its intersection with the westerly line of a parcel of land conveyed by deed to Rochelle Jones dated September 29, 2014 as recorded in AFN: 201709290571 of Cuyahoga County Fiscal Records (PPN: 126-16-086); Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Kennedy Avenue S.E.; Thence, easterly along the centerline of Kennedy Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Pro- gram dated June 24, 1993 as recorded in AFN: 00534362 of Book 6461, Page 54 of Cuyahoga County Fiscal Records (PPN: 126-16-049); Thence, northeasterly along the southerly prolongation of the westerly line of said parcel to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of Woodhill Road; Thence, northeasterly along said centerline to its intersection with the westerly prolongation of the northerly line of Sublot No. 132 and the point of origin; And; Beginning at the intersection of the centerline of East 97th (formerly Sperling) Street and the centerline of Elwell Avenue; Thence, westerly along the centerline of Elwell Avenue to its intersection with the northerly prolongation of the easterly line of a parcel of land known as Sublot No. 2 in J.J. Elwell’s Woodland Hills Allotment of part of Original One Hundred Acre Lot No. 425, as shown by the recorded plat in Volume 25 of Maps, Page 23 of Cuya- hoga County Records (PPN: 128-12-002); Thence, southerly along the northerly prolongation of said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line to its intersection with the easterly line of a parcel of land known as being Sublot No. 44 in Isaac H. Marshall’s Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat in Volume 7 of Maps, Page 20 of Cuyahoga County Records (PPN: 128-12-003); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Stoughton (formerly Stanley) Avenue; Thence, westerly along the centerline of Stoughton Avenue to its intersection with the northerly prolongation of the easterly line of a parcel of land known as being Sublot No. 49 in the aforementioned Subdivision (PPN: 128-12-006); Thence, southerly along the northerly prolongation of said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line to its intersection with the westerly line of a parcel of land known as being part of Sublot No. 28 in Josef Heina’s Allotment of part of Original One Hundred Acre Lots Nos. 425 and 426, as shown by the recorded plat of said Allotment in Volume 13 of Maps, Page 42 of Cuyahoga County Records (PPN: 128-12-093); Thence, southerly along said westerly line and its southerly prolongation to its intersection with the centerline of Sophia (formerly Heina) Avenue; Thence, westerly along the centerline of Sophia Avenue S.E. to its intersection with the southerly prolongation of the westerly line of a parcel of land conveyed by deed to Martin & Victoria Goldsborough dated December 29, 1995 as recorded by AFN: 00163173 in Book 1175, Page 14 of Cuyahoga County Fiscal Records (PPN: 126-37-055); Thence, northerly along said prolongation to its intersection with the centerline of Woodhill Court S.E.; Thence, westerly along said centerline to its intersection with the westerly line of a parcel of land known as being the northerly ½ of Sublot No. 141 in W. H. Osborn and other’s Re-Allotment of part of Original One Hun- dred Acre Lots Nos. 424 and 425, as shown by the recorded plat in Volume 5 of Maps, page 25 of Cuyahoga Coun- ty Records (PPN: 126-37-029); Thence, northeasterly along said westerly line and its northeasterly prolongation to its intersection with the northerly line of a parcel of land known as being part of Sublot No. 148 and part of the vacated portion of East 94th Place in William H. Osborn and others Re-allotment of part of Original 100 Acre Lots Nos. 424 and 425, as shown by the recorded plat in Volume 5 of Maps, Page 25 of Cuyahoga County Records (PPN 126-37-020); Thence, easterly along said northerly line to its intersection with the easterly line of Sublot No. 16 in Frank Kysela’s Re-Allotment of part of Original One Hundred Acre Lot No. 425, as shown by the recorded plat in Vol- ume 26 of Maps, Page 14 of Cuyahoga County Records (PPN: 126-37-081); Thence, northeasterly along said easterly line and its northeasterly prolongation to its intersection with the northerly line of a parcel of land conveyed by deed to Sylvester Hall dated July 16, 1976 as recorded in AFN: 00990550 in Book 14268, Page 397 of Cuyahoga County Fiscal Records (PPN: 126-37-084); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of Woodhill (formerly Newburgh) Road; Thence, southwesterly along the centerline of Woodhill (formerly Newburgh) Road to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed by deed (PPN 128-10-004); Thence, westerly along said southerly line to its intersection with westerly line of a parcel of land known as the northerly thirty-nine (39) feet of Sublot No. 67 in J. J Elwell’s Woodlands Hills Allotment of part of Origi- nal One Hundred Acre Lot Nos. 425 and 426, as shown by the recorded plat in Volume 25 of Maps, Page 23 of Cuyahoga County Records (PPN 128-10-016); Thence, southerly along said westerly line to its intersection with the southerly line of a parcel of land conveyed by deed to Commonwealth Upscale properties LLC dated July 14, 2017 as recorded by AFN: 201707140777 in Cuyahoga County Records (PPN 128-10-015); 1210 July 31, 2019 The City Record 39

Thence, westerly along said southerly line to its intersection with the northerly prolongation of the centerline of East 97th (Sperling) Street; Thence, southerly along said centerline to its intersection with the centerline of Elwell Avenue and the point of origin; And as identified on the attached map shall be changed to ‘Limited Retail Business’ District, an ‘F’ Area Dis- trict and a ‘2’ Height District; Section 7. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Buckeye Road and the centerline of Martin Luther King Jr Drive; Thence, southerly along the centerline of Martin Luther King Jr Drive to its intersection with the centerline of Lamontier Avenue; Thence, westerly along the centerline of Lamontier Avenue to its intersection with the southerly prolongation of the westerly line of a parcel of land known as being Sublot No. 239 in The Johnson Realty Company’s Sub- division of part of Original One Hundred Acre Lot No. 433 and 434 as shown by the recorded plat in Volume 46 of Maps, page 14 of Cuyahoga County Records (PPN: 128-14-043); Thence, northerly along said westerly line to its intersection with the northerly line thereof; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land known as being Sublot No. 40 in Prochaska and Polcar’s “South Woodland Avenue Allot- ment”, of part of Original Lot No. 426 and a Re-allotment of Joseph Duffner’s Allotment, of a part of said Orig- inal Lot No. 426, as shown by the recorded plat in Volume 28 of Maps, Page 23 of Cuyahoga County Records (PPN: 128-14-039); Thence, northerly along said easterly line and its northerly prolongation to its intersection with the centerline of Sophia Avenue; Thence, westerly along the centerline of Sophia Avenue to its intersection with the centerline of East 104th (formerly Duffner) Street; Thence, northerly along the centerline of East 104th Street to its intersection with the northwesterly prolongation of the northerly line of a parcel of land known as being Sublot No. 12 in the aforementioned Allotment, as shown by recorded plat in Volume 28 of Maps, Page23 of Cuyahoga County Records (PPN: 128-15-041); Thence, southeasterly along said prolongation to its intersection with the easterly line thereof; Thence, northerly along the northerly prolongation of said easterly line to its intersection with the centerline of Buckeye Road; Thence, southeasterly along the centerline of Buckeye Road to its intersection with the centerline of Martin Luther King Jr Drive and the point of origin; And as identified on the attached map shall be changed to ‘Institutional Research’ District, a ‘K’ Area District and a ‘3’ Height District; Section 8. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Woodhill Road and the centerline of Wamelink Avenue; Thence, southwesterly along the centerline of Woodhill Road to its intersection with the centerline of Holton Avenue; Thence, westerly along the centerline of Holton Avenue to its intersection with the centerline of McCurdy Street; Thence, northerly and northeasterly along the centerline of McCurdy Street to its intersection with the centerline of Buckeye Road; Thence, northwesterly along the centerline of Buckeye Road to its intersection with the centerline of East 93rd Street Thence, northeasterly along the centerline of East 93rd Street and easterly along the centerline of Steinway Avenue to its intersection with the centerline of Wamelink Avenue; Thence, southeasterly along the centerline of Wamelink Avenue to its intersection with the centerline of Wood- hill Road and the point of origin; And as identified on the attached map shall be established as ‘Urban Core Overlay District’ Section 9. That the street frontages described as follows: The western side of Woodhill Road between the northerly line of a parcel of land conveyed by Quit Claim Deed to Mary Travels dated September 15, 1978 as recorded by AFN: 00319075 in Book 14848, Page 889 of Cuya- hoga County Records (PPN: 126-16-049) and the centerline of Wamelink Avenue; And; The western side of Woodhill Road between Holton Avenue and Sophia Avenue; And; The northeastern side of Wamelink Avenue between Steinway Avenue and Woodhill Road; And; The southern side of Holton Avenue between East 93rd Street and Woodhill Road; And; The west side of East 93rd Street between Tanto Court and Steinway Avenue; And; The east side East 93rd Street between Yeakel Avenue and Steinway Avenue; And; The north side of Steinway Avenue between East 93rd Street and the easterly line of a parcel of land conveyed by deed to James (Jimmie) Walls dated June 27, 1997 as recorded in AFN: 00518743 in Book 6198, Page 24 of Cuyahoga County Fiscal Records (PPN: 126-15-079); And; The north side Buckeye Road between East 93rd Street and the northwesterly line of a parcel of land known as Sublot No. 10 in Rueben Yeakel’s Alotment of part of Original One Hundred Acre Lot Nos. 417, 424 and 425 (PPN: 126-14-032); And; The north side of Steinway Avenue between East 93rd Stret and the easterly line of PPN 126-15-079; And; The eastern side of Woodhill Road between the northerly line of a parcel of land conveyed by deed to Buck- eye Area Development Corporation dated October 1, 1996 and recorded by AFN: 00348076 in Book 9743, Page 14 of Cuyahoga County Records (PPN 128-01-002) and Sophia Avenue; And; 1211 40 The City Record July 31, 2019

The northern and southern side of Shaker Boulevard between Woodhill Road and Martin Luther King Jr. Drive; And; The northern and southern sides of Buckeye Road between Woodhill Road and Martin Luther King Jr. Drive; And as identified on the attached map shall be established as ‘Urban Form Overlay District’ Section 10. That the existing Mapped Building Setback of five (5) feet from the property line shall be removed from easterly frontage of East 93rd Street between Yeakel Avenue and Steinway Avenue; And; That the existing Mapped Building Setback of five (5) feet from the property line shall be removed from the westerly frontage of East 93rd Street between the northerly line of a parcel of land known as being Sublot No. 13 in Reuben Yeakel’s Subdivision of part of Original One Hundred Acre Lot No. 417, 424, and 425 as shown by the recorded plat in Volume 5 of Maps, Page 16 of Cuyahoga County Records (PPN: 126-14-029) and Steinway Avenue; And; That the existing Mapped Building Setback of five (5) feet from the property line shall be removed from the northeasterly side of Buckeye Road between the northwesterly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program by deed dated September 16, 1996 as recorded by AFN: 00335856 in Book 9082, Page 10 of Cuyahoga County Fiscal Records (PPN 126-18-032) and the northwesterly line of a parcel of land known as Sublot No. 9 in the J.T. Wamelink Re-Subdivision of part of the Original One Hundred Acre Lots Nos. 424 and 425 as shown by the recorded plat in Volume 23 of Maps, Page 13 of Cuyahoga County Records (PPN: 126-18-026); And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the northeasterly side of Buckeye Road between the northwesterly line of the aforementioned PPN: 126-18-026 and the southeasterly line of a parcel of land conveyed to Conrad & Ernestine Wilson by deed dated May 6, 1977 as recorded in Volume 14465, Page 707 of Cuyahoga County Records (PPN: 126-18-017); And; That the existing Mapped Building Setback of twenty-one (21) feet from the property line shall be removed from the northwesterly and southeasterly frontages of Shaker Boulevard between Woodhill Road and Martin Luther King Jr Boulevard; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the northerly and southerly frontage of Buckeye Road between Woodhill Road and Martin Luther King Jr. Boule- vard; And, as outlined on the attached map are hereby removed from the Building Zone Maps of the City of Cleveland. Section 11. That the change of zoning of lands described in Section 1 through 10 shall be identified as Map Change No. 2591, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 12. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

1212 July 31, 2019 The City Record 41

Referred to Directors of City Planning Commission, Law; Committee on Development Planning and Sustain- ability.

FIRST READING EMERGENCY alley (10.00 feet wide) West of Bellaire Referred to Directors of Capital RESOLUTIONS REFERRED Road and North of Guardian Boulevard Projects, City Planning Commission, in the Guardian Subdivision, of part of Finance, Law; Committees on Munic- Res. No. 862-2019. Original Rockport Township Section ipal Services and Properties, Devel- By Council Members Brady, John- No. 10 as shown by the recorded plat in opment Planning and Sustainability. son and Brancatelli (by departmen- Volume 65 of Maps, Page 9 of tal request). Cuyahoga County Records, further Res. No. 863-2019. An emergency resolution declar- described as follows: By Council Members Cleveland, ing the intent to vacate a portion of Being all that portion of the 1st Johnson and Brancatelli (by depart- the 1st un-named alley (10.00 feet un-named alley (10.00 feet wide) mental request). wide) West of Bellaire Road and West of Bellaire Road (100.00 feet An emergency resolution declar- North of Guardian Boulevard. wide) and North of Guardian Boule- ing the intent to vacate a portion of Whereas, this Council is satisfied vard (60.00 feet wide) extending Chadakoin Court S.E., East 59th that there is good cause to vacate a from the Northerly right of way of Place, East 61st Street and East portion of the 1st un-named alley said Guardian Boulevard northerly 63rd Street. (10.00 feet wide) west of Bellaire approximately 85.00 feet to its ter- Whereas, this Council is satisfied Road and north of Guardian Boule- minus. that there is good cause to vacate a vard, as described; and Legal Description approved by portion of Chadakoin Court S.E., Whereas, this resolution consti- Greg Esber, Section Chief, Plats, tutes an emergency measure provid- Surveys and House Numbering Sec- East 59th Place, East 61st Street and ing for the usual daily operation of tion. East 63rd Street, as described; and a municipal department; now, there- Section 2. That this resolution is Whereas, this resolution consti- fore, declared to be an emergency mea- tutes an emergency measure provid- Be it resolved by the Council of sure and, provided it receives the ing for the usual daily operation of the City of Cleveland: affirmative vote of two-thirds of all a municipal department; now, there- Section 1. That this Council the members elected to Council, it fore, declares its intent to vacate a por- shall take effect and be in force Be it resolved by the Council of tion of the following described real immediately upon its adoption and the City of Cleveland: property: approval by the Mayor; otherwise it Section 1. That this Council Situated in the City of Cleveland, shall take effect and be in force declares its intent to vacate a por- County of Cuyahoga and State of Ohio from and after the earliest period tion of the following described real and known as being the 1st un-named allowed by law. property: 1213 42 The City Record July 31, 2019

Chadakoin Court S.E. affirmative vote of two-thirds of all agreement. The cost of all services Situated in the City of Cleveland, the members elected to Council, it under the agreement shall be paid County of Cuyahoga and State of shall take effect and be in force for from fund 11-006 and/or 21-006. Ohio and known as being a portion immediately upon its adoption and Section 2. That this ordinance is of Chadakoin Court S.E. (16.00 feet approval by the Mayor; otherwise it hereby declared to be an emergency wide) in the L.M. Southern & W.S. shall take effect and be in force measure and, provided it receives Chamberlain’s Subdivision of part of from and after the earliest period the affirmative vote of two-thirds of Original 100 Acre Lot No’s 334 and allowed by law. all the members elected to Council, 335, as shown by the recorded plat Referred to Directors of Capital it shall take effect and be in force in Volume 11 of Maps, Page 42 and Projects, City Planning Commission, immediately upon its passage and 43 of Cuyahoga County Records, fur- Finance, Law; Committees on Munic- approval by the Mayor; otherwise it ther described as follows: ipal Services and Properties, Devel- shall take effect and be in force Being all that portion of opment Planning and Sustainability. from and after the earliest period Chadakoin Court S.E. (16.00 feet allowed by law. wide) and its turnouts extending FIRST READING EMERGENCY Motion to suspend rules, Charter, from that portion of East 57th Street ORDINANCES READ IN FULL and statutory provisions and place (16.00 feet wide) vacated by City of AND PASSED on final passage. Cleveland Ordinance No. 888-68, The rules were suspended. Yeas passed May 27th, 1968 as shown in Ord. No. 820-2019. 16. Nays 0. Read second time. Read Volume 215, Page 27 of the Cuya- By Council Member Kelley. third time in full. Passed. Yeas 16. hoga County Map Records, easterly An emergency ordinance authoriz- Nays 0. to its intersection with the south- ing the Clerk of Council to enter westerly line of Ashland Road (70.00 into a First Amendment to the Ord. No. 822-2019. feet wide). Agreement with Guy Gadomski, By Council Member Kelley. CPA, City Contract No. PS 2019*27 to An emergency ordinance authoriz- East 59th Place extend to term of the agreement ing the Clerk of Council to enter Situated in the City of Cleveland, with Cleveland City Council. into an agreement with Saint Mar- County of Cuyahoga and State of Whereas, this ordinance consti- tin De Porres High School Work Ohio and known as being a portion tutes an emergency measure provid- Study Program to participate as a of East 59th Place (10.00 feet wide) ing for the usual daily operation of sponsor of students for work/study in the L.M. Southern & W.S. Cham- a municipal department; now, there- positions with Cleveland City Coun- berlain’s Subdivision of part of Orig- fore, cil. inal 100 Acre Lot No’s 334 and 335, Be it ordained by the Council of Whereas, this ordinance consti- as shown by the recorded plat in the City of Cleveland: tutes an emergency measure provid- Volume 11 of Maps, Page 42 and 43 Section 1. That the Clerk of Coun- ing for the usual daily operation of of Cuyahoga County Records, fur- cil is authorized to enter into a First a municipal department; now, there- ther described as follows: Amendment to the Agreement with fore, Being all that portion of East 59th Guy Gadomski, CPA, City Contract Be it ordained by the Council of No. PS 2019*27 to extend to term of Place (10.00 feet wide) and its the City of Cleveland: the Agreement. The term of the turnouts extending from the North Section 1. That the Clerk of Coun- First Amendment shall begin July 1, line of Hawthorne Avenue S.E. cil is authorized to enter into an 2019 and shall conclude February 29, (70.00 feet wide) to the South line agreement with Saint Martin De 2020. of Thackeray Avenue S.E. (70.00 Porres High School Work Study Pro- Section 2. That this ordinance is feet wide). gram to participate as a sponsor of hereby declared to be an emergency students for work/study positions measure and, provided it receives with Cleveland City Council. This East 61st Street the affirmative vote of two-thirds of Situated in the City of Cleveland, agreement shall be entered into as all the members elected to Council, of August 1, 2019 and shall termi- County of Cuyahoga and State of it shall take effect and be in force nate July 31, 2020. Cleveland City Ohio and known as being a portion immediately upon its passage and Council shall provide sponsorship of East 61st Street (10.00 feet wide) approval by the Mayor; otherwise it for up to four students at a time in the L.M. Southern & W.S. Cham- shall take effect and be in force during the term. The agreement berlain’s Subdivision of part of Orig- from and after the earliest period shall be certified for $36,600.00 and inal 100 Acre Lot No’s 334 and 335, allowed by law. shall be certified from fund number as shown by the recorded plat in Motion to suspend rules, Charter, 01, subfund 001, department 0101, Volume 11 of Maps, Page 42 and 43 and statutory provisions and place object 6320. of Cuyahoga County Records, fur- on final passage. Section 2. That this ordinance is ther described as follows: The rules were suspended. Yeas hereby declared to be an emergency Being all that portion of East 61st 16. Nays 0. Read second time. Read measure and, provided it receives Street (10.00 feet wide) and its third time in full. Passed. Yeas 16. the affirmative vote of two-thirds of turnouts extending from the North Nays 0. all the members elected to Council, line of Hawthorne Avenue S.E. it shall take effect and be in force (70.00 feet wide) to the South line Ord. No. 821-2019. immediately upon its passage and of Thackeray Avenue S.E. (70.00 By Council Member Kelley. approval by the Mayor; otherwise it feet wide). An emergency ordinance authoriz- shall take effect and be in force ing the Clerk of Council to enter from and after the earliest period East 63rd Street into a First Amendment to Agree- allowed by law. Situated in the City of Cleveland, ment with On Technology Partners, Motion to suspend rules, Charter, County of Cuyahoga and State of City Contract No. PS 2019*26, to cer- and statutory provisions and place Ohio and known as being a portion tify additional to money for the con- on final passage. of East 63rd Street (10.00 feet wide) tinuation of services under the The rules were suspended. Yeas in the L.M. Southern & W.S. Cham- agreement. 16. Nays 0. Read second time. Read berlain’s Subdivision of part of Orig- Whereas, this ordinance consti- third time in full. Passed. Yeas 16. inal 100 Acre Lot No’s 334 and 335, tutes an emergency measure provid- Nays 0. as shown by the recorded plat in ing for the usual daily operation of Volume 11 of Maps, Page 42 and 43 a municipal department; now, there- Ord. No. 823-2019. of Cuyahoga County Records, fur- fore, By Council Members J. Jones, ther described as follows: Be it ordained by the Council of Bishop, Mccormack, Johnson, Cleve- Being all that portion of East 63rd the City of Cleveland: land, Griffin, B. Jones, Polensek, Street (10.00 feet wide) and its Section 1. That the Clerk of Coun- Conwell, Hairston, Brady, Santana, turnouts extending from the North cil (“Clerk”) is authorized to enter Zone, and Kazy. line of Hawthorne Avenue S.E. into a First Amendment to Agree- An emergency ordinance authoriz- (70.00 feet wide) to the South line ment with On Technology Partners, ing the Director of the Department of Thackeray Avenue S.E. (70.00 City Contract No. PS 2019*26, to add of Public Works to enter into agree- feet wide). $191,000 to the agreement for the ment with Brick City Productions or Legal Descriptions approved by continuation of the professional ser- with its fiscal agent Mt. Pleasant Greg Esber, Section Chief, Plats, vices necessary to advise and assist NOW Development Corporation for Surveys and House Numbering Sec- in the maintenance and performance the Grandparents Education & tion. of computer technology projects and Resources Fair Family Day through Section 2. That this resolution is to provide specific computer tech- the use of Wards 1, 2, 3, 4, 5, 6, 7, declared to be an emergency mea- nology services to assist with spe- 8, 9, 10, 11, 14, 15, and 16 Casino Rev- sure and, provided it receives the cific projects as set forth in the enue Funds. 1214 July 31, 2019 The City Record 43

Whereas, this ordinance consti- Section 3. That the Director of Be it ordained by the Council of tutes an emergency measure provid- Law shall prepare and approve said the City of Cleveland: ing for the usual daily operation of contract and that the contract shall Section 1. That the Director of the a municipal department; now, there- contain such terms and provisions Department of Community Develop- fore, as he deems necessary to protect the ment is hereby authorized to enter Be it ordained by the Council of City’s interest. into agreement with Burten, Bell, the City of Cleveland: Section 4. That this ordinance is Carr Development Inc. for the Buck- Section 1. That the Director of the hereby declared to be an emergency eye Summer Soul Series Project for Department of Public Works is measure and, provided it receives the public purpose of providing hereby authorized to enter into the affirmative vote of two-thirds of health and wellness education to agreement effective July 1, 2019 all the members elected to Council, residents residing in the city of with Brick City Productions or with it shall take effect and be in force Cleveland through the use of Ward its fiscal agent the Mt. Pleasant immediately upon its passage and 6 Casino Revenue Funds. NOW Development Corporation for approval by the Mayor; otherwise it Section 2. That the cost of said the Grandparents Education & shall take effect and be in force contract shall be in an amount not Resources Family Day for the pub- from and after the earliest period to exceed $12,000 and shall be paid lic purpose of providing education- allowed by law. from Fund No. 10 SF 188. al programming and social support Motion to suspend rules, Charter, Section 3. That the Director of resources to grandparent house- and statutory provisions and place Law shall prepare and approve said holds that have the responsibility of on final passage. contract and that the contract shall raising grandchildren in the city of The rules were suspended. Yeas contain such terms and provisions Cleveland through the use of Wards 16. Nays 0. Read second time. Read as he deems necessary to protect the 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, third time in full. Passed. Yeas 16. City’s interest. and 16 Casino Revenue Funds. Nays 0. Section 4. That this ordinance is Section 2. That the cost of said hereby declared to be an emergency contract shall be in an amount not Ord. No. 825-2019. measure and, provided it receives the affirmative vote of two-thirds of to exceed $18,750 and shall be paid By Council Members Johnson, B. all the members elected to Council, from Fund No. 10 SF 188. Jones, Polensek, Conwell and Hair- it shall take effect and be in force Section 3. That the Director of ston. immediately upon its passage and Law shall prepare and approve said An emergency ordinance amend- approval by the Mayor; otherwise it contract and that the contract shall ing Section 2 of Ordinance No. 1411- shall take effect and be in force contain such terms and provisions 18, passed November 19, 2018 as it from and after the earliest period as he deems necessary to protect the pertains to authorizing the Director of the Department of Community allowed by law. City’s interest. Motion to suspend rules, Charter, Section 4. That this ordinance is Development to enter into agreement with Famicos Foundation for and statutory provisions and place hereby declared to be an emergency on final passage. measure and, provided it receives the Holiday Food Gift Card Program through the use of Wards 4, 7, 8, 9 The rules were suspended. Yeas the affirmative vote of two-thirds of 16. Nays 0. Read second time. Read all the members elected to Council, and 10 Casino Revenue Funds. Whereas, this ordinance consti- third time in full. Passed. Yeas 16. it shall take effect and be in force Nays 0. immediately upon its passage and tutes an emergency measure provid- approval by the Mayor; otherwise it ing for the usual daily operation of a municipal department; now, there- Ord. No. 827-2019. shall take effect and be in force By Council Member Griffin. from and after the earliest period fore, Be it ordained by the Council of An emergency ordinance authoriz- allowed by law. the City of Cleveland: ing the Director of the Department Motion to suspend rules, Charter, Section 1. That Section 2 of Ordi- of Community Development to enter and statutory provisions and place nance No. 1411-18 passed November into agreement with the Fairfax on final passage. 19, 2018 is hereby amended to read Renaissance Development Corpora- The rules were suspended. Yeas as follows: tion for the Healthy Community 16. Nays 0. Read second time. Read Section 2. That the cost of said Engagement Program through the third time in full. Passed. Yeas 16. contract shall be in an amount not use of Ward 6 Casino Revenue Nays 0. to exceed $128,500 and shall be paid Funds. from Fund No. 10 SF 188. Whereas, this ordinance consti- Ord. No. 824-2019. Section 2. That Section 2 of Ordi- tutes an emergency measure provid- By Council Members J. Jones, nance No. 1411-18 passed November ing for the usual daily operation of Bishop, Johnson, Cleveland and Grif- 19, 2019 is hereby repealed. a municipal department; now, there- fin. Section 3. That this ordinance is fore, An emergency ordinance authoriz- hereby declared to be an emergency Be it ordained by the Council of ing the Director of the Department measure and, provided it receives the City of Cleveland: of Community Development to enter the affirmative vote of two-thirds of Section 1. That the Director of the into an agreement with Mt. Pleasant all the members elected to Council, Department of Community Develop- NOW Development Corporation for it shall take effect and be in force ment to enter into agreement effec- the Family Unity in the Park Com- immediately upon its passage and tive March 1, 2019, with the Fairfax Renaissance Development Corpora- munity Health Expo and Education approval by the Mayor; otherwise it tion for the Healthy Community Fair through the use of Wards 1, 2, shall take effect and be in force Engagement Program for the public 4, 5 and 6 Casino Revenue Funds. from and after the earliest period purpose of providing educational Whereas, this ordinance consti- allowed by law. workshops on health and wellness tutes an emergency measure provid- Motion to suspend rules, Charter, activities for city of Cleveland resi- ing for the usual daily operation of and statutory provisions and place a municipal department; now, there- dents through the use of Ward 6 on final passage. Casino Revenue Funds fore, The rules were suspended. Yeas Section 2. That the cost of said Be it ordained by the Council of 16. Nays 0. Read second time. Read contract shall be in an amount not the City of Cleveland: third time in full. Passed. Yeas 16. to exceed $27,500 and shall be paid Section 1. That the Director of the Nays 0. from Fund No. 10 SF 188. Department of Community Develop- Section 3. That the Director of ment is authorized to enter into an Ord. No. 826-2019. Law shall prepare and approve said agreement effective June 1, 2019 By Council Member Griffin. contract and that the contract shall with the Mt. Pleasant NOW Devel- An emergency ordinance authoriz- contain such terms and provisions opment Corporation for the Family ing the Director of the Department as he deems necessary to protect the Unity in the Park Community of the Department of Community City’s interest. Health Expo and Education Fair the Development to enter into agree- Section 4. That this ordinance is public purpose of providing health ment with Burten, Bell, Carr Devel- hereby declared to be an emergency education, health screenings and lit- opment Inc. for the Buckeye measure and, provided it receives eracy activities to city of Cleveland Summer Soul Series Project through the affirmative vote of two-thirds of residents through the use of Wards the use of Ward 6 Casino Revenue all the members elected to Council, 1, 2, 4, 5, and 6 Casino Revenue Funds. it shall take effect and be in force Funds. Whereas, this ordinance consti- immediately upon its passage and Section 2. That the cost of said tutes an emergency measure provid- approval by the Mayor; otherwise it contract shall be in an amount not ing for the usual daily operation of shall take effect and be in force to exceed $25,000 and shall be paid a municipal department; now, there- from and after the earliest period from Fund No. 10 SF 188. fore, allowed by law. 1215 44 The City Record July 31, 2019

Motion to suspend rules, Charter, controlling the feral cat population Ord. No. 831-2019. and statutory provisions and place in the City of Cleveland through the By Council Member Zone. on final passage. use of Ward 14 Casino Revenue An emergency ordinance authoriz- The rules were suspended. Yeas Funds. ing the Director of the Department 16. Nays 0. Read second time. Read Section 2. That the cost of said of Community Development to enter third time in full. Passed. Yeas 16. contract shall be in an amount not into agreement with Bike Cleveland Nays 0. to exceed $2,000 and shall be paid for the Vision Zero Educational from Fund No. 10 SF 188. Workshop through the use of Ward Ord. No. 828-2019. Section 3. That the Director of 15 Casino Revenue Funds. By Council Member Polensek. Law shall prepare and approve said Whereas, this ordinance consti- An emergency ordinance authoriz- contract and that the contract shall tutes an emergency measure providing the Director of the Department contain such terms and provisions ing for the usual daily operation of of Community Development to enter as he deems necessary to protect the a municipal department; now, there- into agreement with the Greater City’s interest. fore, Collinwood Development Corpora- Section 4. That this ordinance is Be it ordained by the Council of tion for the Collinwood Observer hereby declared to be an emergency the City of Cleveland: Project through the use of Ward 8 measure and, provided it receives Section 1. That the Director of the Casino Revenue Funds. the affirmative vote of two-thirds of Department of Community Develop- Whereas, this ordinance consti- all the members elected to Council, ment is hereby authorized to enter tutes an emergency measure provid- it shall take effect and be in force into agreement with Bike Cleveland ing for the usual daily operation of immediately upon its passage and for the Vision Zero Educational a municipal department; now, there- approval by the Mayor; otherwise it Workshop for the public purpose of fore, shall take effect and be in force providing an educational workshop Be it ordained by the Council of from and after the earliest period on traffic and bicycle safety prac- the City of Cleveland: allowed by law. tices to Cleveland residents through Section 1. That the Director of the Motion to suspend rules, Charter, the use of Ward 15 Casino Revenue Department of Community Develop- and statutory provisions and place Funds. ment is hereby authorized to enter on final passage. Section 2. That the cost of said into agreement effective July 1, 2019 The rules were suspended. Yeas contract shall be in an amount not with the Greater Collinwood Devel- 16. Nays 0. Read second time. Read to exceed $6,800 and shall be paid opment Corporation for the third time in full. Passed. Yeas 16. from Fund No. 10 SF 188. Collinwood Observer Project for the Nays 0. Section 3. That the Director of public purpose of providing a com- Law shall prepare and approve said munity newspaper promoting com- contract and that the contract shall munity, residential and economic Ord. No. 830-2019. By Council Member Santana. contain such terms and provisions opportunities to residents in Cleve- as he deems necessary to protect the land’s Collinwood neighborhood An emergency ordinance authorizing the Director of the Department City’s interest. through the use of Ward 8 Casino Section 4. That this ordinance is Revenue Funds. of Economic Development to enter into agreement with TAC Holding hereby declared to be an emergency Section 2. That the cost of said measure and, provided it receives contract shall be in an amount not Co., LLC for the Tremont Animal the affirmative vote of two-thirds of to exceed $15,000 and shall be paid Clinic Expansion Project through all the members elected to Council, from Fund No. 10 SF 188. the use of Ward 14 Casino Revenue it shall take effect and be in force Section 3. That the Director of Funds. immediately upon its passage and Law shall prepare and approve said Whereas, this ordinance consti- approval by the Mayor; otherwise it contract and that the contract shall tutes an emergency measure provid- shall take effect and be in force contain such terms and provisions ing for the usual daily operation of from and after the earliest period as he deems necessary to protect the a municipal department; now, there- allowed by law. City’s interest. fore, Motion to suspend rules, Charter, Section 4. That this ordinance is Be it ordained by the Council of and statutory provisions and place hereby declared to be an emergency the City of Cleveland: on final passage. measure and, provided it receives Section 1. That the Director of the The rules were suspended. Yeas the affirmative vote of two-thirds of Department of Economic Develop- 16. Nays 0. Read second time. Read all the members elected to Council, ment is hereby authorized to enter it shall take effect and be in force third time in full. Passed. Yeas 16. into agreement with TAC Holding Nays 0. immediately upon its passage and Co., LLC for the Tremont Animal approval by the Mayor; otherwise it Clinic Expansion Project that is Ord. No. 832-2019. shall take effect and be in force located at and adjacent to 2885 West from and after the earliest period By Council Member B. Jones. 25th Street, Cleveland, Ohio 44113 for allowed by law. An emergency ordinance authoriz- the public purpose of creating new Motion to suspend rules, Charter, ing and directing the Director of jobs for City of Cleveland residents and statutory provisions and place Capital Projects to issue a permit to on final passage. through the use of Ward 14 Casino the Ward 7 Brighter Day Communi- The rules were suspended. Yeas Revenue Funds. ty Festival Committee to stretch 16. Nays 0. Read second time. Read Section 2. That the cost of said four banners at East 55th Street and third time in full. Passed. Yeas 16. contract shall be in an amount not Superior Avenue; Ansel Road and Nays 0. to exceed $10,000 and shall be paid Superior Avenue; East 79th Street from Fund No. 10 SF 188. and Hough Avenue; and at East 89th Ord. No. 829-2019. Section 3. That the Director of Street and Hough Avenue, for the By Council Member Santana. Law shall prepare and approve said period from July 25, 2019 to August An emergency ordinance authoriz- contract and that the contract shall 24, 2019, inclusive, publicizing the ing the Director of the Department contain such terms and provisions 2019 Brighter Day in Ward 7 Com- of Public Safety to enter into agree- as he deems necessary to protect the munity Festival. ment with the Cleveland Animal City’s interest. Whereas, this ordinance consti- Protective League for the Trap- Section 4. That this ordinance is tutes an emergency measure provid- Neuter-Return Program through the hereby declared to be an emergency ing for the usual daily operation of use of Ward 14 Casino Revenue measure and, provided it receives a municipal department; now, there- Funds. the affirmative vote of two-thirds of fore, Whereas, this ordinance consti- all the members elected to Council, Be it ordained by the Council of tutes an emergency measure provid- it shall take effect and be in force the City of Cleveland: ing for the usual daily operation of immediately upon its passage and Section 1. That notwithstanding a municipal department; now, there- approval by the Mayor; otherwise it the provision of Section 623.13 of the fore, shall take effect and be in force Codified Ordinances, of Cleveland, Be it ordained by the Council of from and after the earliest period Ohio, 1976, the Director of the the City of Cleveland: allowed by law. Department of Capital Projects is Section 1. That the Director of the Motion to suspend rules, Charter, hereby authorized and directed to Department of Public Safety is here- and statutory provisions and place issue a permit to the Ward 7 by authorized to enter into agree- on final passage. Brighter Day Community Festival ment with the Cleveland Animal The rules were suspended. Yeas Committee to stretch four banners Protective League for the Trap- 16. Nays 0. Read second time. Read at East 55th Street and Superior Neuter-Return Program for the pub- third time in full. Passed. Yeas 16. Avenue; Ansel & Superior; East 79th lic purpose of addressing and Nays 0. Street and Hough Avenue and at 1216 July 31, 2019 The City Record 45

East 89th Street and Hough Avenue, shall take effect and be in force Trot event, on August 25, 2019; 1 inclusive. Said banner shall be from and after the earliest period Mile Course: Start in front of the approved by the Director of Capital allowed by law. Rock & Roll Hall of Fame; Head Projects, in consultation with the Motion to suspend rules, Charter, east; Turn Right on East 9th Street; Director of Public Safety, as to type, and statutory provisions and place Turn Right on Lakeside Avenue; method of affixing and location so on final passage. Turn Right on West 3rd Street; Turn as not to interfere with any sign The rules were suspended. Yeas Right on Al Lerner Way; Finish in erected and maintained under the 16. Nays 0. Read second time. Read front of the Rock & Roll Hall of requirements of law or ordinance. third time in full. Passed. Yeas 16. Fame; 5K Course: Start in front of The permission of the owner of any Nays 0. the Rock & Roll Hall of Fame; Head pole from which a banner will be west on Al Lerner Way; Turn Left hung must be obtained prior to Ord. No. 834-2019. on West 3rd Street; Turn Left on issuance of the permit. No commer- By Council Member Bishop. Lakeside Avenue; Turn Right on cial advertising shall be printed or An emergency ordinance authoriz- East 13th Street; Turn Right on W. permitted on said banner and said ing the issuance of a Mobile Permit St. Clair Avenue; Turn Right on banner shall be removed promptly to Ru-El Sailor, Jr./Comma Club to West 9th Street; Turn Right on upon the expiration of said permit. engage in mobile vending in Ward 2. Lakeside Avenue; Turn Left on Section 2. That this ordinance is Whereas, pursuant to Section West 3rd Street; Turn Right on Al hereby declared to be an emergency 675.07 of the Codified Ordinances of Lerner Way; Finish in front of the measure and, provided it receives Cleveland, Ohio, 1976, (the “Codified Rock & Roll Hall of Fame; provid- the affirmative vote of two-thirds of Ordinances”) the consent of Council ed that the applicant sponsor shall all the members elected to Council, expressed by ordinance is a prereq- meet all the requirements of Section it shall take effect and be in force uisite to peddling upon public rights 411.05 of the Codified Ordinances of immediately upon its passage and of way outside of the Central Busi- Cleveland, Ohio, 1976. Streets may be approval by the Mayor; otherwise, it ness District; and closed as determined by the Chief of shall take effect and be in force Whereas, This Council has con- Police and safety forces as may be from and after the earliest period sidered the request of Ru-El Sailor, necessary in order to protect the allowed by law. Jr./Comma Club to engage in mobile participants in the event. Said per- vending outside of the Central Busi- Motion to suspend rules, Charter, mit shall further provide that the ness district, and has determined and statutory provisions and place City of Cleveland shall be fully that it is in the public interest to on final passage. indemnified from any and all liabil- allow Ru-El Sailor, Jr./Comma Club The rules were suspended. Yeas to engage in mobile vending in ity resulting from the issuance of 16. Nays 0. Read second time. Read Ward 2; and the same, to the extent and in form third time in full. Passed. Yeas 16. Whereas, this ordinance consti- satisfactory to the Director of Law. Nays 0. tutes an emergency measure provid- Section 2. That this ordinance is ing for the usual daily operation of hereby declared to be an emergency Ord. No. 833-2019. a municipal department; now, there- measure and, provided it receives By Council Member Conwell. fore, the affirmative vote of two-thirds of An emergency ordinance authoriz- Be it ordained by the Council of all the members elected to Council, ing and directing the Director of the City of Cleveland: it shall take effect and be in force Capital Projects to issue a permit to Section 1. That this Council con- immediately upon its passage and Neighbor to Neighbor Community sents, as required by, Section 675.08 approval by the Mayor; otherwise, it Group to stretch two banners at of the Codified Ordinances to allow shall take effect and be in force East 115th Street and Wade Park to Ru-El Sailor, Jr./Comma Club to from and after the earliest period Avenue and East 108th Street and engage in mobile vending in the allowed by law. Wade Park Avenue for the period public rights of way in Ward 2. Motion to suspend rules, Charter, from August 10, 2019 to September Section 2. That all of the require- and statutory provisions and place 9, 2019, inclusive, publicizing the ments of Chapter 675 of the Codified on final passage. Community Heritage Street Festival. Ordinances shall apply to the per- The rules were suspended. Yeas Whereas, this ordinance consti- sons named in Section 1 of this ordi- 16. Nays 0. Read second time. Read tutes an emergency measure provid- nance. third time in full. Passed. Yeas 16. ing for the usual daily operation of Section 3. That the privilege Nays 0. a municipal department; now, there- granted may be revoked at any time fore, by this Council. Ord. No. 836-2019. Be it ordained by the Council of Section 4. That this ordinance is By Council Member McCormack. the City of Cleveland: declared to be an emergency mea- An emergency ordinance consent- Section 1. That notwithstanding sure and, provided it receives the ing and approving the issuance of a the provision of Section 623.13 of the affirmative vote of two-thirds of all permit for the OROC event, on Codified Ordinances, of Cleveland, the members elected to Council, it August 3, 2019, managed by Hermes Ohio, 1976, the Director of the shall take effect and be in force Sports & Events. Department of Capital Projects is immediately upon its passage and Whereas, this ordinance consti- hereby authorized and directed to approval by the Mayor; otherwise, it tutes an emergency measure provid- issue a permit to the Neighbor to shall take effect and be in force ing for the usual daily operation of Neighbor Community Group to from and after the earliest period a municipal department; now, there- stretch two banners at East 115th allowed by law. fore, Street and Wade Park Avenue and Motion to suspend rules, Charter, Be it ordained by the Council of East 108th Street and Wade Park and statutory provisions and place the City of Cleveland: Avenue, inclusive. Said banner shall on final passage. Section 1. That pursuant to Sec- be approved by the Director of Cap- The rules were suspended. Yeas tion 411.06 of the Codified Ordi- ital Projects, in consultation with 16. Nays 0. Read second time. Read nances of Cleveland, Ohio 1976, this the Director of Public Safety, as to third time in full. Passed. Yeas 16. Council consents to and approves type, method of affixing and loca- Nays 0. the holding of the OROC event, on tion so as not to interfere with any August 3, 2019, OROC 1 Mile: Start sign erected and maintained under Ord. No. 835-2019. in front of the Rock & Roll Hall of the requirements of law or ordi- By Council Member McCormack. Fame; Head west; Turn Left on nance. The permission of the owner An emergency ordinance consent- West 3rd Street; Turn Left on Lake- of any pole from which a banner ing and approving the issuance of a side Avenue; Turn Left on East 9th will be hung must be obtained prior permit for the annual Fox 8 Fox Street; Turn Left on Erieside to issuance of the permit. No com- Trot event, on August 25, 2019, man- Avenue; Finish in front of the Rock mercial advertising shall be printed aged by Hermes Sports & Events. & Roll Hall of Fame; OROC 5K: or permitted on said banner and Whereas, this ordinance consti- Start in front of the Rock & Roll said banner shall be removed tutes an emergency measure provid- Hall of Fame; Head west on Al promptly upon the expiration of said ing for the usual daily operation of Lerner Way; Turn Left on West 3rd permit. a municipal department; now, there- Street; Turn Left on Lakeside Section 2. That this ordinance is fore, Avenue; Turn Right on East 13th hereby declared to be an emergency Be it ordained by the Council of Street; Turn Right on St. Clair measure and, provided it receives the City of Cleveland: Avenue; Turn Right on West 9th the affirmative vote of two-thirds of Section 1. That pursuant to Sec- Street; Turn Right on Lakeside all the members elected to Council, tion 411.06 of the Codified Ordi- Avenue; Turn Left on West 3rd it shall take effect and be in force nances of Cleveland, Ohio 1976, this Street; Turn Right on Al Lerner immediately upon its passage and Council consents to and approves Way; Finish in front of the Rock & approval by the Mayor; otherwise, it the holding of the annual Fox 8 Fox Roll Hall of Fame; provided that the 1217 46 The City Record July 31, 2019 applicant sponsor shall meet all the Whereas, this ordinance consti- increases in flood heights or veloci- requirements of Section 411.05 of the tutes an emergency measure provid- ties; Codified Ordinances of Cleveland, ing for the usual daily operation of (2) Requiring that uses vulnera- Ohio, 1976. Streets may be closed as a municipal department; now, there- ble to floods, including facilities, determined by the Chief of Police fore, which serve such uses, be protected and safety forces as may be neces- Be it ordained by the Council of against flood damage at the time of sary in order to protect the partici- the City of Cleveland: initial construction; pants in the event. Said permit shall Section 1. That Sections 3167.01 to (3) Controlling the alteration of further provide that the City of 3167.06 and 3167.99 of the Codified natural floodplains, stream chan- Cleveland shall be fully indemnified Ordinances of Cleveland, Ohio, 1976, nels, and natural protective barriers, from any and all liability resulting as enacted by Ordinance No. 1613-10, which help accommodate or channel from the issuance of the same, to passed November 29, 2010, are flood waters; the extent and in form satisfactory amended to read as follows: (4) Controlling filling, grading, to the Director of Law. dredging, excavating, and other Section 2. That this ordinance is Section 3167.01 General Provisions development which may increase hereby declared to be an emergency (a) Statutory Authorization. Arti- flood damage; and measure and, provided it receives cle XVIII, Section 3, of the Ohio Con- (5) Preventing or regulating the the affirmative vote of two-thirds of stitution grants municipalities the construction of flood barriers, which all the members elected to Council, legal authority to adopt land use will unnaturally divert flood, waters and control measures for promoting it shall take effect and be in force or which may increase flood hazards immediately upon its passage and the health, safety, and general welfare of its citizens. in other areas. approval by the Mayor; otherwise, it (e) Lands to Which These Regu- shall take effect and be in force (b) Findings of Fact. The City of lations Apply. These regulations from and after the earliest period Cleveland has special flood hazard shall apply to all areas of special allowed by law. areas that are subject to periodic flood hazard within the jurisdiction Motion to suspend rules, Charter, inundation which may result in loss of the City of Cleveland as identi- and statutory provisions and place of life and property, health and safe- on final passage. ty hazards, disruption of commerce fied in division (f) of this section, and governmental services, extraor- The rules were suspended. Yeas including any additional areas of dinary public expenditures for flood 16. Nays 0. Read second time. Read special flood hazard annexed by the protection and relief, and impair- City of Cleveland. third time in full. Passed. Yeas 16. ment of the tax base. Additionally, Nays 0. (f) Basis for Establishing the structures that are inadequately ele- Areas of Special Flood Hazard. For vated, floodproofed, or otherwise the purposes of these regulations, Ord. No. 855-2019. protected from flood damage also By Council Members Griffin and contribute to the flood loss. In order the following studies and/or maps Kelley (by departmental request). to minimize the threat of such dam- are adopted: An emergency ordinance authoriz- ages and to achieve the purposes (1) Flood Insurance Study Cuya- ing the Director of Aging to apply hereinafter set forth, these regula- hoga County, Ohio and Incorporated for and accept a grant from the tions are adopted. Areas and Flood Insurance Rate Cleveland Foundation to place a fel- (c) Statement of Purpose. It is the map Cuyahoga County, Ohio and low in the Department of Aging for purpose of these regulations to pro- Incorporated Areas both effective the Age Friendly Cleveland plan. mote the public health, safety and December 3, 2010 August 15, 2019. Whereas, this ordinance consti- general welfare, and to: (2) Other studies and/or maps, tutes an emergency measure provid- (1) Protect human life and health; which may be relied upon for estab- ing for the usual daily operation of (2) Minimize expenditure of pub- lishment of the flood protection ele- a municipal department; now, there- lic money for costly flood control vation, delineation of the one fore, projects; hundred (100) year floodplain, flood- Be it ordained by the Council of (3) Minimize the need for rescue ways or delineation of other areas and relief efforts associated with the City of Cleveland: of special flood hazard. flooding and generally undertaken Section 1. That the Director of (3) Any hydrologic and hydraulic at the expense of the general pub- Aging is authorized to apply for and engineering analysis authored by a accept a grant in an amount not to lic; (4) Minimize prolonged business registered Professional Engineer in exceed $50,000, from the Cleveland interruptions; the State of Ohio which has been Foundation or its designee, to place (5) Minimize damage to public approved by the City of Cleveland a fellow in the Department of Aging facilities and utilities such as water as required by division (c) of Sec- for the Age Friendly Cleveland plan. and gas mains, electric, telephone tion 3167.04, Subdivisions and Large That the Director is authorized to and sewer lines, streets and bridges Scale Other New Developments. file all papers and execute all doc- located in areas of special flood haz- Any revisions to the aforemen- uments necessary to receive the ard; tioned maps and/or studies are here- funds under the grant; and that the (6) Help maintain a stable tax by adopted by reference and funds are appropriated for the pur- base by providing for the proper use declared to be a part of these regu- poses described in this ordinance. and development of areas of special lations. Such maps and/or studies Section 2. That this ordinance is flood hazard so as to protect prop- are on file at 601 Lakeside Avenue, declared to be an emergency mea- erty and minimize future flood sure and, provided it receives the Cleveland, Ohio 44114. blight areas; (g) Abrogation and Greater affirmative vote of two-thirds of all (7) Ensure that those who occupy the members elected to Council, it Restrictions. In the event of a con- the areas of special flood hazard flict between these regulations and shall take effect and be in force assume responsibility for their any other ordinance, the more immediately upon its passage and actions; restrictive shall be followed. These approval by the Mayor; otherwise it (8) Minimize the impact of devel- shall take effect and be in force opment on adjacent properties with- regulations shall not impair any from and after the earliest period in and near flood prone areas; deed restriction covenant or ease- allowed by law. (9) Ensure that the flood storage ment but the land subject to such Motion to suspend rules, Charter, and conveyance functions of the interests shall also be governed by and statutory provisions and place floodplain are maintained; the regulations, and whichever on final passage. (10) Minimize the impact of devel- imposes the more restrictive shall be The rules were suspended. Yeas opment on the natural, beneficial followed. 16. Nays 0. Read second time. Read values of the floodplain; (h) Interpretation. In the inter- third time in full. Passed. Yeas 16. (11) Prevent floodplain uses that pretation and application of these Nays 0. are either hazardous or environ- regulations, all provisions shall be: mentally incompatible; and (1) Considered as minimum Ord. No. 857-2019. (12) Meet community participation requirements; By Council Members Brancatelli requirements of the National Flood (2) Liberally construed in favor of and Kelley (by departmental Insurance Program. the governing body; and request). (d) Methods of Reducing Flood (3) Deemed neither to limit nor An emergency ordinance to amend Loss. In order to accomplish its pur- repeal any other powers granted Sections 3167.01 to 3167.06 and poses, these regulations include under state statutes. Where a pro- 3167.99 of the Codified Ordinances of methods and provisions for: vision of these regulations may be Cleveland, Ohio, 1976, as enacted by (1) Restricting or prohibiting uses in conflict with a state or Federal Ordinance No. 1613-10, passed which are dangerous to health, safe- law, such state or Federal law shall November 29, 2010, relating to flood- ty, and property due to water haz- take precedence over these regula- plain management. ards, or which result in damaging tions. 1218 July 31, 2019 The City Record 47

(i) Warning and Disclaimer of (f) Development. Any manmade with contributing drainage area less Liability. The degree of flood pro- change to improved or unimproved than one (1) square mile; and areas tection required by these regula- real estate, including but not limit- protected by levees from the base tions is considered reasonable for ed to buildings or other structures, flood. regulatory purposes and is based on mining, dredging, filling, grading, (7) Zone C and Zone X (unshad- scientific and engineering consider- paving, excavation or drilling oper- ed): Areas determined to be outside ations. Larger floods can and will ations or storage of equipment or the five hundred (500) year flood- occur on rare occasions. Flood materials. plain. heights may be increased by man- (g) Enclosure Below the Lowest (8) Zone V: Coastal special flood made or natural causes. These reg- Floor. See “Lowest Floor.” hazard area subject to a 100-year ulations do not imply that land (h) Executive Order 11988 (Flood- flood from velocity hazard (wave outside the areas of special flood plain Management). Issued by Pres- action); base flood elevations are hazard or uses permitted within ident Carter in 1977, this order not determined. such areas will be free from flood- requires that no federally assisted (9) Zone VE and V1-30: Coastal ing or flood damage. These regula- activities be conducted in or have special flood hazard area subject to tions shall not create liability on the the potential to affect identified spe- a 100-year flood from velocity haz- part of the City of Cleveland, any cial flood hazard areas, unless there ard (wave action); base flood ele- officer or employee thereof, or the is no practicable alternative. vations are determined. Federal Emergency Management (i) Federal Emergency Manage- (o) Flood Insurance Study (FIS). Agency, for any flood damage that ment Agency (FEMA). The agency The official report in which the Fed- results from reliance on these regu- with the overall responsibility for eral Emergency Management lations or any administrative deci- administering the National Flood Agency or the U.S. Department of sion lawfully made thereunder. Insurance Program. Housing and Urban Development (j) Severability. Should any sec- (j) Fill. A deposit of earth mater- has provided flood profiles, flood- tion or provision of these regula- ial placed by artificial means. way boundaries (sometimes shown tions be declared by the courts to be (k) Flood or Flooding. A general on Flood Boundary and Floodway unconstitutional or invalid, such and temporary condition of partial Maps), and the water surface eleva- decision shall not affect the validi- or complete inundation of normally tions of the base flood. ty of the regulations as a whole, or (o.1) Floodproofing. Any combina- any part thereof other than the part dry land areas from: tion of structural and non-structural so declared to be unconstitutional or (1) The overflow of inland or invalid. tidal waters, and/or additions, changes, or adjustments (2) The unusual and rapid accu- to structures which reduce or elimi- Section 3167.02 Definitions mulation or runoff of surface waters nate flood damage to real estate or Unless specifically defined below, from any source. improved real property, water and words or phrases used in these reg- (l) Flood Hazard Boundary Map sanitary facilities, structures and ulations shall be interpreted so as (FHBM). Usually the initial map, their contents. to give them the meaning they have produced by the Federal Emergency (p) Flood Protection Elevation. in common usage and to give these Management Agency, or U.S. Depart- The Flood Protection Elevation, or regulations the most reasonable ment of Housing and Urban Devel- FPE, is the base flood elevation application. opment, for a community depicting plus two (2) feet of freeboard. In (a) Accessory Structure. A struc- approximate special flood hazard areas where no base flood eleva- ture on the same lot with, and of a areas. tions exist from any authoritative nature customarily incidental and (m) Flood Insurance Rate Map source, the flood protection eleva- subordinate to, the principal struc- (FIRM). An official map on which tion can be historical flood eleva- ture. the Federal Emergency Manage- tions, or base flood elevations (b) Appeal. A request for review ment Agency or the U.S. Department determined and/or approved by the of the floodplain administrator’s of Housing and Urban Development floodplain administrator. interpretation of any provision of has delineated the areas of special (q) Floodway. A floodway is the these regulations or a request for a flood hazard. channel of a river or other water- variance. (n) Flood Insurance Risk Zones. course and the adjacent land areas (c) Base Flood. The flood having Zone designations on FHBMs and that have been reserved in order to a one percent (1%) chance of being FIRMs that indicate the magnitude pass the base flood discharge. A equaled or exceeded in any given of the flood hazard in specific areas floodway is typically determined year. The base flood may also be of a community. Following are the through a hydraulic and hydrologic referred to as the one percent (1%) zone definitions: engineering analysis such that the chance annual flood or one hundred (1) Zone A: Special flood hazard cumulative increase in the water (100) year flood. areas inundated by the one hundred surface elevation of the base flood (d) Base (100-Year) Flood Eleva- (100) year flood in any given year; discharge is no more than a desig- tion (BFE). The water surface ele- nated height. In no case shall the base flood elevations are not deter- vation of the base flood in relation designated height be more than one mined. to a specified datum, usually the (1) foot at any point within the com- (2) Zones A1-30 and Zone AE: Spe- National Geodetic Vertical Datum of munity. cial flood hazard areas inundated by 1929 or the North American Vertical The floodway is an extremely haz- the one hundred (100) year flood in Datum of 1988, and usually ardous area, and is usually charac- any given year; base flood eleva- expressed in Feet Mean Sea Level terized by any of the following: (MSL). In Zone AO areas, the base tions are determined. Moderate to high velocity flood flood elevation is the lowest adja- (3) Zone AO: Special flood hazard waters, high potential for debris and cent natural grade elevation plus areas inundated by the one hundred projectile impacts, and moderate to the depth number (from one (1) to (100) year flood in any given year; high erosion forces. three (3) feet). with flood depths of one (1) to three (r) Freeboard. A factor of safety (e) Basement. Any area of the (3) feet (usually sheet flow on slop- usually expressed in feet above a building having its floor subgrade ing terrain); average depths are flood level for the purposes of flood- (below ground level) on all sides. determined. plain management. Freeboard tends (e.1) Breakaway wall. A wall that (4) Zone AH: Special flood hazard to compensate for the many is not part of the structural support areas inundated by the one hundred unknown factors that could con- of the building and is intended (100) year flood in any given year; tribute to flood heights greater than through its design and construction flood depths of one (1) to three (3) the height calculated for a selected to collapse under specific lateral feet (usually areas of ponding); size flood and floodway conditions, loading forces, without causing base flood elevations are deter- such as wave action, obstructed damage to the elevated portion of mined. bridge openings, debris and ice the building or supporting founda- (5) Zone A99: Special flood hazard jams, and the hydrologic effect of tion system. areas inundated by the one hundred urbanization in a watershed. (e.2) Coastal high hazard area. An (100) year flood to be protected from (s) Historic Structure. Any struc- area of special flood hazard extend- the one hundred (100) year flood by ture that is: ing from offshore to the inland limit a Federal flood protection system (1) Listed individually in the of a primary frontal dune along an under construction; no base flood National Register of Historic Places open coast, and any other area sub- elevations are determined. (a listing maintained by the U.S. ject to high velocity wave action (6) Zone B and Zone X (shaded): Department of Interior) or prelimi- from storms or other seismic Areas of five hundred (500) year narily determined by the Secretary sources. A coastal high hazard area flood; areas subject to the one hun- of the Interior as meeting the is identified on a community’s FIRM dred (100) year flood with average requirements for individual listings by the designation of zone VE. depths of less than one (1) foot or on the National Register; 1219 48 The City Record July 31, 2019

(2) Certified or preliminarily factured home” does not include a or university, community college determined by the Secretary of the “recreational vehicle”. For the pur- district, technical college district, or Interior as contributing to the his- poses of these regulations, a manu- state community college. “Agency” torical significance of a registered factured home includes does not include the general assem- historic district or a district prelim- manufactured homes and mobile bly, the controlling board, the adju- inarily determined by the Secretary homes as defined in RC Chapter tant general’s department, or any to qualify as a registered historic 3733 4781. court. district; or (w.1) Mean sea level. For purpos- (bb) Recreational Vehicle. A vehi- (3) Individually listed on the es of the National Flood Insurance cle which is (1) built on a single State of Ohio’s inventory of historic Program, the National Geodetic Ver- chassis, (2) four hundred (400) places maintained by the Ohio His- tical Datum (NGVD) of 1929 or other square feet or less when measured toric Preservation Office. datum, to which base flood eleva- at the largest horizontal projection, (t) Hydrologic and Hydraulic tions shown on a community’s Flood (3) designed to be self-propelled or Engineering Analysis. An analysis Insurance Rate Map are referenced. permanently towable by a light duty performed by a professional engi- (x) Manufactured Home Park. As truck, and (4) designed primarily neer, registered in the State of Ohio, specified in the OAC 3701-27-01 4781- not for use as a permanent dwelling in accordance with standard engi- 12-01(K), a manufactured home park but as temporary living quarters for neering practices as accepted by means any tract of land upon which recreational, camping, travel, or sea- FEMA, used to determine flood ele- three (3) or more manufactured sonal use. vations and/or floodway boundaries. homes, used for habitation are (cc) Registered Professional (u) Letter of Map Change parked, either free of charge or for Architect. A person registered to (LOMC). A Letter of Map Change is revenue purposes, and includes any engage in the practice of architec- an official FEMA determination, by roadway, building, structure, vehi- ture under the provisions of RC letter, to amend or revise effective cle, or enclosure used or intended 4703.01 to 4703.19. Flood Insurance Rate Maps, Flood for use as part of the facilities of (dd) Registered Professional Boundary and Floodway Maps, and the park. A tract of land that is sub- Engineer. A person registered as a Flood Insurance Studies. LOMCs are divided and the individual lots are professional engineer under RC broken down into the following cat- not for rent or rented, but are for Chapter 4733. egories: sale or sold for the purpose of (ee) Registered Professional Sur- (1) Letter of Map Amendment installation of manufactured homes veyor. A person registered as a pro- (LOMA). A revision based on tech- on the lots, is not a manufactured fessional surveyor under RC nical data showing that a property home park, even though three (3) or Chapter 4733. was incorrectly included in a desig- more manufactured homes are (ff) Special Flood Hazard Area. nated special flood hazard area. A parked thereon, if the roadways are Also known as “Areas of Special LOMA amends the current effective dedicated to the local government Flood Hazard”, it is the land in the Flood Insurance Rate Map and authority. Manufactured home park floodplain subject to a one percent establishes that a specific property does not include any tract of land (1%) or greater chance of flooding is not located in a special flood haz- used solely for the storage or dis- in any given year. Special flood hazard area. play for sale of manufactured ard areas are designated by the Fed- (2) Letter of Map Revision homes. eral Emergency Management (LOMR). A revision based on tech- (y) National Flood Insurance Pro- Agency on Flood Insurance Rate nical data that, usually due to man- gram (NFIP). The NFIP is a Fed- Maps, Flood Insurance Studies, made changes, shows changes to eral program enabling property Flood Boundary and Floodway Maps flood zones, flood elevations, flood- owners in participating communities and Flood Hazard Boundary Maps plain and floodway delineations, to purchase insurance protection as Zones A, AE, AH, AO, A1-30, and and planimetric features. One com- against losses from flooding. This A99, V, or VE. Special flood hazard mon type of LOMR, a LOMR-F, is a insurance is designed to provide an areas may also refer to areas that determination concerning whether a insurance alternative to disaster are flood prone and designated from structure or parcel has been elevat- assistance to meet the escalating other federal state or local sources ed by fill above the base flood ele- costs of repairing damage to build- of data including but not limited to vation and is, therefore, excluded ings and their contents caused by historical flood information reflect- from the special flood hazard area. floods. Participation in the NFIP is ing high water marks, previous (3) Conditional Letter of Map based on an agreement between flood inundation areas, and flood Revision (CLOMR). A formal review local communities and the Federal prone soils associated with a water- and comment by FEMA as to government that states if a commu- course. whether regarding a proposed pro- nity will adopt and enforce flood- (gg) Start of Construction. The ject complies with the minimum plain management regulations to date the building permit was issued, National Flood Insurance Program reduce future flood risks to all provided the actual start of con- floodplain management criteria that development in special flood hazard struction, repair, reconstruction, would, upon construction, affect the areas, the Federal government will rehabilitation, addition, placement, hydrologic or hydraulic characteris- make flood insurance available or other improvement was within tics of a flooding source and thus within the community as a financial one hundred eighty (180) days of result in the modification of the protection against flood loss. the permit date. The actual start existing floodway, the effective (z) New construction. Structures means either the first placement of base flood elevations, or the special for which the “start of construction” permanent construction of a struc- flood hazard area. A CLOMR does commenced on or after the effective ture on a site, such as the pouring not amend or revise effective Flood date of a floodplain regulation of slab or footings, the installation Insurance Rate Maps, Flood Bound- adopted by the City of Cleveland of piles, the construction of columns, ary and Floodway Maps, or Flood and includes any subsequent or any work beyond the stage of Insurance Studies. improvements to such structures. excavation; or the placement of a (v) Lowest Floor. The lowest floor For the purposes of determining manufactured home on a foundation. of the lowest enclosed area (includ- insurance rates, Sstructures for Permanent construction does not ing basement) of a structure. This which the “start of construction” include land preparation, such as definition excludes an “enclosure commenced on or after the initial clearing, grading, and filling; nor below the lowest floor” which is an effective date of the City of Cleve- does it include the installation of unfinished or flood resistant enclo- land Flood Insurance Rate Map, streets and/or walkways; nor does sure usable solely for parking of August 1, 1978 or after December 31, it include excavation for a base- vehicles, building access or storage, 1974, whichever is later, and ment, footings, piers, or foundations in an area other than a basement includes any subsequent improve- or the erection of temporary forms; area, provided that such enclosure is ments to such structures. nor does it include the installation built in accordance with the applic- (aa) Person. Includes any indi- on the property of accessory build- able design requirements specified vidual or group of individuals, cor- ings, such as garages or sheds not in these regulations for enclosures poration, partnership, association, or occupied as dwelling units or not below the lowest floor. any other entity, including state and part of the main structure. For a (w) Manufactured Home. A struc- local governments and agencies. An substantial improvement, the actual ture, transportable in one (1) or agency is further defined in the RC start of construction means the first more sections, which is built on a 111.15 as any governmental entity of alteration of any wall, ceiling, floor, permanent chassis and is designed the state and includes, but is not or other structural part of a build- for use with or without a permanent limited to, any board, department, ing, whether or not that alteration foundation when connected to the division, commission, bureau, soci- affects the external dimensions of a required utilities. The term “manu- ety, council, institution, state college building. 1220 July 31, 2019 The City Record 49

(hh) Structure. A walled and special flood hazard areas for the A. Floodproofing certification for roofed building, manufactured home, purpose of issuing floodplain devel- non- residential floodproofed struc- or gas or liquid storage tank that is opment permits, elevation certifi- ture as required in division (e) of principally above ground. cates, floodproofing certificates, Section 3167.04; (ii) Substantial Damage. Damage VE-zone construction certifications, B. Certification that fully enclosed of any origin sustained by a struc- variances, and records of enforce- areas below the lowest floor of a ture whereby the cost of restoring ment actions taken for violations of structure not meeting the design the structure to its before damaged these regulations; requirements of division (d) of Sec- condition would equal or exceed (6) Enforce the provisions of tion 3167.04 are designed to auto- fifty percent (50%) of the market these regulations; matically equalize hydrostatic flood value of the structure before the (7) Provide information, testimo- forces; damage occurred. ny, or other evidence as needed dur- C. Description of any watercourse (jj) Substantial Improvement. Any ing variance hearings; alteration or relocation that the reconstruction, rehabilitation, addi- (8) Coordinate map maintenance flood carrying capacity of the water- tion, or other improvement of a activities and FEMA follow-up; course will not be diminished, and structure, the cost of which equals (9) Conduct substantial damage maintenance assurances as required or exceeds fifty percent (50%) of determinations to determine in division (i)(3) of Section 3167.04; the market value of the structure whether existing structures, dam- D. A hydrologic and hydraulic before the “start of construction” of aged from any source and in special analysis demonstrating that the the improvement. This term includes flood hazard areas identified by cumulative effect of proposed devel- structures, which have incurred FEMA, must meet the development opment, when combined with all “substantial damage”, regardless of standards of these regulations. other existing and anticipated devel- the actual repair work performed. (c) Floodplain Development Per- opment will not increase the water The term does not, however, include: mits. It shall be unlawful for any surface elevation of the base flood (1) Any improvement to a struc- person to begin construction or by more than one (1) foot in special ture that is considered “new con- other development activity including flood hazard areas where the Fed- struction;” but not limited to filling; , grading;, eral Emergency Management (2) Any project for improvement construction;, alteration, remodeling, Agency has provided base flood ele- of a structure to correct existing or expanding any structure; or alter- vations but no floodway as required violations of state or local health, ation of any watercourse wholly by division (i)(2) of Section 3167.04; sanitary, or safety code specifica- within, partially within or in contact E. A hydrologic and hydraulic tions which have been identified with any identified special flood engineering analysis showing prior to the application for a devel- hazard area, as established in divi- impact of any development on flood opment permit by the local code sion (f) of Section 3167.01, until a heights in an identified floodway as enforcement official and which are floodplain development permit is required by division (i)(1) of Sec- the minimum necessary to assure obtained from the Floodplain tion 3167.04; safe living conditions; or Administrator. Such floodplain F. Generation of base flood eleva- (3) Any alteration of a “historic development permit shall show that tion(s) for subdivision and structure,” provided that the alter- the proposed development activity is largescale developments as required ation would not preclude the struc- in conformity with the provisions of by division (c) of Section 3167.04. ture’s continued designation as a these regulations. No such permit G. Certification of structural “historic structure”. shall be issued by the Floodplain design and methods of construction (kk) Variance. A grant of relief Administrator until the require- for VE zone construction as from the standards of these regula- ments of these regulations have required by division (j)(2) of Sec- tions consistent with the variance been met. tion 3167.04; conditions herein. (d) Application Required. An H. Certification of breakaway (ll) Violation. The failure of a application for a floodplain develop- wall design, when applicable as pro- structure or other development to be ment permit shall be required for all vided in division (j)(2) of Section fully compliant with these regula- development activities located whol- 3167.04 tions. ly within, partially within, or in con- (6) A floodplain development per- tact with an identified special flood mit application fee, which shall be Section 3167.03 Administration hazard area. Such application shall the fee for new construction estab- (a) Designation of the Floodplain be made by the owner of the prop- lished in Section 3105.25(b)(1). Administrator. The Director of erty or his or her authorized agent, (e) Review and Approval of a Building and Housing, or his or her herein referred to as the applicant, Floodplain Development Permit designee, is appointed to administer prior to the actual commencement of Application. and implement these regulations such construction on a form fur- (1) Review. and is referred to herein as the nished for that purpose. Where it is A. After receipt of a complete Floodplain Administrator. unclear whether a development site application, the Floodplain Adminis- (b) Duties and Responsibilities of is in a special flood hazard area, the trator shall review the application the Floodplain Administrator. The Floodplain Administrator may to ensure that the standards of these duties and responsibilities of the require an application for a flood- regulations have been met. No flood- Floodplain Administrator shall plain development permit to deter- plain development permit applica- include but are not limited to: mine the development’s location. tion shall be reviewed until all (1) Evaluate applications for per- Such applications shall include, but information required in division (d) mits to develop in special flood haz- not be limited to: of Section 3167.03 has been received ard areas; (1) Site plans drawn to scale by the Floodplain Administrator. (2) Interpret floodplain bound- showing the nature, location, dimen- B. The Floodplain Administrator aries and provide flood hazard and sions, and topography of the area in shall review all floodplain develop- flood protection elevation informa- question; the location of existing or ment permit applications to assure tion; proposed structures, fill, storage of that all necessary permits have been (3) Issue permits to develop in materials, drainage facilities, and received from those federal, state or special flood hazard areas when the the location of the foregoing; local governmental agencies from provisions of these regulations have (2) Elevation of the existing, nat- which prior approval is required. been met, or refuse to issue the ural ground where structures are The applicant shall be responsible same in the event of noncompliance; proposed; for obtaining such permits as (4) Inspect buildings and lands to (3) Elevation of the lowest floor, required including permits issued by determine whether any violations of including basement, of all proposed the U.S. Army Corps of Engineers these regulations have been com- structures; under Section 10 of the Rivers and mitted; (4) Such other material and infor- Harbors Act and Section 404 of the (5) Make and permanently keep mation as may be requested by the Clean Water Act, and the Ohio Envi- all records for public inspection nec- Floodplain Administrator to deter- ronmental Protection Agency under essary for the administration of mine conformance with, and provide Section 401 of the Clean Water Act. these regulations including Flood enforcement of these regulations; (2) Approval. Within thirty (30) Insurance Rate Maps, Letters of (5) Technical analyses conducted days after the receipt of a complete Map Amendment and Revision, by the appropriate design profes- application, the Floodplain Adminis- records of issuance and denial of sional registered in the State of trator shall either approve or disap- permits to develop in special flood Ohio and submitted with an appli- prove the application. If an hazard areas, determinations of cation for a floodplain development application is approved, a floodplain whether development is in or out of permit when applicable: development permit shall be issued. 1221 50 The City Record July 31, 2019

All floodplain development permits will comply minimum NFIP criteria fees for these map revisions shall be shall be conditional upon the com- and any applicable local floodplain the responsibility of the applicant. mencement of work within one hun- management resolution or ordinance C. The Floodplain Administrator dred eighty (180) year days. A as required by the RC Section shall require a Conditional Letter of floodplain development permit shall 1521.13. This includes, but is not lim- Map Revision prior to the issuance expire one hundred eighty (180) ited to: of a floodplain development permit year days after issuance unless the 1. Development activities in an for: permitted activity has been sub- existing or proposed manufactured 1. Proposed floodway encroach- stantially begun and is thereafter home park that are under the ments that increase the base flood pursued to completion. authority of the Ohio Department of elevation; and (f) Inspections. The Floodplain Health Commerce and subject to the 2. Proposed development which Administrator shall make periodic flood damage reduction provisions increases the base flood elevation inspections at appropriate times of the OAC Chapter 3701 4781-12. by more than one (1) foot in river- throughout the period of construc- 2. Major utility facilities permitted ine areas where FEMA has provid- tion in order to monitor compliance by the Ohio Power Siting Board ed base flood elevations but no with permit conditions. under RC Chapter 4906. floodway. (g) Post-Construction Certifica- 3. Hazardous waste disposal facil- D. Floodplain development per- tions Required. The following as- ities permitted by the Hazardous mits issued by the Floodplain built certifications are required Waste Siting Board under RC Chap- Administrator shall be conditioned after a floodplain development per- ter 3734. upon the applicant obtaining a Let- mit has been issued: (C) Development activities under- ter of Map Revision from FEMA for (1) For new or substantially taken by a federal agency and any development proposal subject to improved residential structures, or which are subject to Federal Exec- division (j)(1)A. of Section 3167.03. nonresidential structures that have utive Order 11988 – Floodplain Man- (2) Right to Submit New Techni- been elevated, the applicant shall agement. For these activities, each cal Data. The Floodplain Adminis- have a Federal Emergency Manage- federal agency has a responsibility trator may request changes to any ment Agency Elevation Certificate to evaluate the potential effects of of the information shown on an completed by a registered profes- any actions it may take in a flood- effective map that does not impact sional surveyor to record as-built plain; to ensure that its planning floodplain or floodway delineations elevation data. For elevated struc- programs and budget request reflect or base flood elevations, such as tures in Zone A and Zone AO areas consideration of flood hazards and labeling or planimetric details. Such without a base flood elevation, the floodplain management; and to pre- a submission shall include appropri- elevation certificate may be com- scribe procedures to implement the ate supporting documentation made pleted by the property owner or policies and requirements of EO in writing by the Mayor of the City owner’s representative. 11988. of Cleveland and may be submitted (2) For all development activities Any proposed action exempt from at any time. subject to the standards of division filing for a floodplain development (3) Annexation/Detachment. Upon (j)(1) of Section 3167.03, a Letter of permit is also exempt from the stan- occurrence, the Floodplain Adminis- Map Revision. dards of these regulations. trator shall notify FEMA in writing (3) For new or substantially (j) Map Maintenance Activities. whenever the boundaries of the City improved nonresidential structures To meet National Flood Insurance of Cleveland have been modified by that have been floodproofed in lieu Program minimum requirements to annexation or the community has of elevation, where allowed, the have flood data reviewed and assumed authority over an area, or applicant shall supply a completed approved by FEMA, and to ensure no longer has authority to adopt and Floodproofing Certificate for Non- that the City of Cleveland flood enforce floodplain management reg- Residential Structures completed by maps, studies and other data identi- ulations for a particular area. In a registered professional engineer fied in division (f) of Section 3167.01 order that the City of Cleveland’s or architect together with associat- accurately represent flooding condi- Flood Insurance Rate Map accu- ed documentation. tions so appropriate floodplain man- rately represent the City of Cleve- (h) Revoking a Floodplain Devel- agement criteria are based on land boundaries, include within such opment Permit. A floodplain devel- current data, the following map notification a copy of a map of the opment permit shall be revocable, if maintenance activities are identi- City of Cleveland suitable for repro- among other things, the actual fied: duction, clearly showing the new development activity does not con- (1) Requirement to Submit New corporate limits or the new area for form to the terms of the application Technical Data. which the City of Cleveland has and permit granted thereon. In the A. For all development proposals assumed or relinquished floodplain event of the revocation of a permit, that impact floodway delineations or management regulatory authority. an appeal may be taken to the base flood elevations, the communi- (k) Data Use and Flood Map Appeals Board (Cleveland Board of ty shall ensure that technical data Interpretation. The following guide- Building Standards) in accordance reflecting such changes be submit- lines shall apply to the use and with Section 3167.05 of these regu- ted to FEMA within six (6) months interpretation of maps and other lations. of the date such information data showing areas of special flood (i) Activities to Which This Ordi- becomes available. These develop- hazard: nance Applies. This Chapter shall be ment proposals include: (1) In areas where FEMA has not applicable as follows: 1. Floodway encroachments that identified special flood hazard (1) Exemption from Filing a increase or decrease base flood ele- areas, or in FEMA identified special Development Permit. An application vations or alter floodway bound- flood hazard areas where base flood for a floodplain development permit aries; elevation and floodway data have shall not be required for:(1) Mmain- 2. Fill sites to be used for the not been identified, the Floodplain tenance work such as roofing, paint- placement of proposed structures Administrator shall review and rea- ing, and basement sealing, or for where the applicant desires to sonably utilize any other flood haz- small nonstructural development remove the site from the special ard data available from a federal, activities (except for filling and flood hazard area; state, or other source. grading) valued at less than five 3. Alteration of watercourses that (2) Base flood elevations and two thousand five hundred dollars result in a relocation or elimination floodway boundaries produced on ($52,0500.00). of the special flood hazard area, FEMA flood maps and studies shall (2) State and Federal Develop- including the placement of culverts; take precedence over base flood ele- ment. State and Federal develop- and vations and floodway boundaries by ment must comply as follows: 4. Subdivision or large scale devel- any other source that reflect a (A) Development that is funded, opment proposals requiring the reduced floodway width and/or financed, undertaken, or preempted establishment of base flood eleva- lower base flood elevations. Other by state agencies shall comply with tions in accordance with division (c) sources of data, showing increased minimum NFIP criteria. of Section 3167.04. base flood elevations and/or larger (B) Before awarding funding or B. It is the responsibility of the floodway areas than are shown on financing or granting a license, per- applicant to have technical data, FEMA flood maps and studies, shall mit, or other authorization for devel- required in accordance with division be reasonably used by the Flood- opment that is or is to be located (j)(1) of Section 3167.03 prepared in plain Administrator. within a 100-year floodplain, a state a format required for a Conditional (3) When Use of Preliminary agency shall require the applicant Letter of Map Revision or Letter of Flood Insurance Rate Maps and/or to demonstrate to the satisfaction of Map Revision, and submitted to Flood Insurance Study Data have the agency that the development FEMA. Submittal and processing been provided by FEMA: 1222 July 31, 2019 The City Record 51

A. Zone A: and field elevations disagree, the (b) Water and Wastewater Sys- 1. Within Zone A areas designat- base flood elevations or flood pro- tems. The following standards apply ed on an effective FIRM, data from tection elevations (as found on an to all water supply, sanitary sewer- the preliminary FIRM and/or FIS elevation profile, floodway data age and waste disposal systems not shall reasonably be utilized as best table, established high water marks, otherwise regulated by in the available data. etc.) shall prevail Where an exist- absence of any more restrictive 2. When all appeals have been ing or proposed structure or other standard provided under the Ohio resolved and a notice of final flood development is affected by multiple Revised Code or applicable state elevation determination has been flood zones, by multiple base flood rules or these Codified Ordinances: provided Upon the issuance of in a elevations, or both, the development (1) All new and replacement Letter of Final Determination by the activity must comply with the pro- water supply systems shall be FEMA, BFE and floodway data visions of this ordinance applicable designed to minimize or eliminate from the preliminary flood hazard to the most restrictive flood zone infiltration of floodwaters into the data FIRM and/or FIS shall be used and the highest base flood elevation systems; and replace all previously existing affecting any part of the existing or (2) New and replacement sanitary flood hazard data provided from proposed structure; or for other sewerage systems shall be designed FEMA for the purposes of adminis- developments, affecting any part of to minimize or eliminate infiltration tering these regulations for regulat- the area of the development. of flood waters into the systems and ing development.; (l) Substantial Damage Determi- discharge from the systems into B. Zones AE, A1-30, AH, AO, VE, nations. Damages to structures may flood waters; and and V1-30: result from a variety of causes (3) On-site waste disposal systems 1. BFE and floodway data from a including flood, tornado, wind, shall be located to avoid impairment preliminary FIS or FIRM restudy heavy snow, fire, etc. After such a to or contamination from them dur- are not required to be used in lieu damage event, the Floodplain ing flooding. of BFE and floodway data con- Administrator shall: (c) Subdivisions and Large Other tained in an existing effective FIS (1) Determine whether damaged New Developments. and FIRM. However, structures are located in special (1) All subdivision proposals and a. Where BFEs increase in a flood hazard areas; all other proposed new development restudied area, communities have a (2) Conduct substantial damage shall be consistent with the need to responsibility to ensure that new or determinations for damaged struc- minimize flood damage and are sub- substantially improved structures tures located in special flood hazard ject to all applicable standards in are protected. Preliminary FIS or areas; and these regulations; FIRM data shall be reasonably uti- (3) Make reasonable attempt to (2) All subdivision proposals and lized in instances where BFEs notify owners of substantially dam- all other proposed new development increase and floodways are revised aged structures of the need to shall have public utilities and facil- to ensure that the health, safety, obtain a floodplain development per- ities such as sewer, gas, electrical, and property of the citizens of the mit prior to repair, rehabilitation, or and water systems located and con- City of Cleveland are protected. reconstruction. Require owners of structed to minimize or eliminate b. Where BFEs decrease, prelimi- substantially damaged structures to flood damage; nary FIS or FIRM data should not obtain a floodplain development per- (3) All subdivision proposals and be used to regulate floodplain devel- mit prior to repair, rehabilitation, or opment until LFD has been issued reconstruction. Additionally, the all other proposed new development or until all appeals have been Floodplain Administrator may shall have adequate drainage pro- resolved. implement other measures to assist vided to reduce exposure to flood 2. If a preliminary FIRM or FIS with the substantial damage deter- damage; and has designated floodways where mination and subsequent repair (4) In all areas of special flood none had previously existed, this process. These measures include hazard where base flood elevation data must be reasonably utilized in issuing press releases, public ser- data are not available, the applicant lieu of applying the encroachment vice announcements, and other pub- shall provide a hydrologic and performance standard of division lic information materials related to hydraulic engineering analysis that (i)(2) of Section 3167.04 since the the floodplain development permits generates base flood elevations for data in the draft or preliminary FIS and repair of damaged structures; all subdivision proposals and other represents the best data available. coordinating with other federal, proposed developments containing C. Zones B, C, and X: Use of BFE state, and local agencies to assist at least fifty (50) lots or five (5) and floodway data from a prelimi- with substantial damage determina- acres, whichever is less. nary FIRM or FIS are not required tions; providing owners of damaged (5) The applicant shall meet the for areas designated as Zone B, C, structures materials and other infor- requirement to submit technical or X on the effective FIRM which mation related to the proper repair data to FEMA in division (j)(1)A.4. are being revised to Zone AE, A1-30, of damaged structures in special of Section 3167.03 when a hydrolog- AH, AO, VE, or V1-30. Preliminary flood hazard areas; and assisting ic and hydraulic analysis is com- FIS or FIRM data must be reason- owners of substantially damaged pleted that generates base flood ably utilized to ensure that the structures with Increased Cost of elevations as required by division health, safety, and property of the Compliance insurance claims. (c)(4) of this section. citizens of Cleveland are protected. (d) Residential Structures. The B. Prior to the issuance of a Let- Section 3167.04 Use and Develop- requirements of this division shall ter of Final Determination by ment Standards for Flood Hazard apply to new construction of resi- FEMA, the use of preliminary flood Reduction dential structures and to substantial hazard data shall only be required The following use and develop- improvements of residential struc- where no base flood elevations ment standards apply to develop- tures in zones A, A1-30, AE, AO, and and/or floodway areas exist or ment wholly within, partially AH, when designated on the effec- where the preliminary base flood within, or in contact with any spe- tive FIRM, and when designated on elevations or floodway area exceed cial flood hazard area as established a preliminary or final FIRM issued the base flood elevations and/or in division (f) of Section 3167.021 or by FEMA under the circumstances floodway widths in existing flood divisions (k)(1) or (3) of Section provided in division (k)(3) of Sec- hazard data provided from FEMA. 3167.03. tion 3167.03. Such preliminary data may be sub- (a) Use Regulations. (1) New construction and subject to change and/or appeal to (1) Permitted Uses. All uses not stantial improvements shall be FEMA. otherwise prohibited in this section anchored to prevent flotation, col- (4) The Floodplain Administrator or any other applicable land use reg- lapse, or lateral movement of the shall make interpretations, where ulation adopted by the City of Cleve- structure resulting from hydrody- needed, as to the exact location of land are allowed provided they meet namic and hydrostatic loads, includ- the flood boundaries and areas of the provisions of these regulations. ing the effects of buoyancy. Where special flood hazard. A person con- (2) Prohibited Uses. a structure, including its foundation testing the determination of the A. Private water supply systems members, is elevated on fill to or location of the boundary shall be in all special flood hazard areas above the base flood elevation, the given a reasonable opportunity to identified by FEMA, permitted requirements for anchoring and con- appeal the interpretation as provid- under RC Chapter 3701. struction materials resistant to flood ed in Section 3167.05, Appeals and B. Infectious waste treatment damage in anchoring in divisions Variances. facilities in all special flood hazard (d)(1) and construction materials (5) Where a map boundary show- areas, permitted under RC Chapter resistant to flood damage in (d)(2) ing an area of special flood hazard 3734. of this section are satisfied. 1223 52 The City Record July 31, 2019

(2) New construction and sub- apply to new construction and to for more than one hundred eighty stantial improvements shall be con- substantial improvements of nonres- (180) days; or structed with methods and materials idential structures in zones A, A1-30, (2) They must be fully licensed resistant to flood damage. AE, AO, and AH, when designated and ready for highway use; or (3) New construction and sub- on the FIRM, and when designated (3) They must be placed on the stantial improvements shall be con- on a preliminary or final FIRM site pursuant to a floodplain devel- structed with electrical, heating, issued by FEMA under the circum- opment permit issued under divi- ventilation, plumbing and air condi- stances provided in division (k)(3) sions (c) and (d) of Section 3167.03 tioning equipment and other service of Section 3167.03. and meet all standards in division facilities that are designed and/or (1) New construction and sub- (d) of this section. elevated so as to prevent water from stantial improvement of any com- (h) Above Ground Gas or Liquid entering or accumulating within the mercial, industrial or other Storage Tanks. components during conditions of nonresidential structure shall meet (1) All Within zone A, A1-30, AE, flooding. the requirements of division (d)(1), AO, or AH, new or substantially (4) New construction and sub- (d)(2), (d)(3), (d)(5), (d)(6), and improved above ground gas or liq- stantial improvement of any resi- (d)(7) of this section. uid storage tanks shall be anchored dential structure, including (2) New construction and sub- to prevent flotation or lateral move- manufactured homes, shall have the stantial improvement of any comment resulting from hydrodynamic lowest floor, including basement, mercial, industrial or other and hydrostatic loads. elevated to or above the flood pro- non-residential structure shall either (2) In zones V or VE, new or sub- tection elevation. In Zone AO areas have the lowest floor, including stantially improved above ground Where with no flood protection ele- basement, elevated to or above the gas or liquid storage tanks shall be vations data are not available spec- level of the flood protection eleva- elevated with the bottom of the low- ified, the structure shall have the tion; or, together with attendant util- est horizontal supporting member lowest floor, including basement, ity and sanitary facilities, shall above BFE on the landward side of elevated at least two (2) feet above meet all of the following standards: buildings. the highest adjacent natural grade. A. Be dry floodproofed so that the (3) In zones V or VE, new or sub- (5) New construction and sub- structure is watertight with walls stantially improved underground stantial improvements, including substantially impermeable to the gas or liquid storage tanks must be manufactured homes, that do not passage of water to the level of the installed below the lowest eroded have basements and that are ele- flood protection elevation; ground elevation. vated to the flood protection eleva- B. Have structural components (i) Assurance of Flood Carrying tion using pilings, columns, posts, or capable of resisting hydrostatic and Capacity. Pursuant to the purpose solid foundation perimeter walls hydrodynamic loads and effects of and methods of reducing flood dam- with openings sufficient to allow buoyancy; and age stated in these regulations, the unimpeded movement of flood C. Be certified by a registered pro- following additional standards are waters the automatic equalization of fessional engineer or architect, adopted to assure that the reduction hydrostatic pressure may have an through the use of a Federal Emer- of the flood carrying capacity of enclosure below the lowest floor pro- gency Management Agency Flood- watercourses is minimized: vided the enclosure meets the fol- proofing Certificate, that the design (1) Development in Floodways. lowing standards: and methods of construction are in A. In floodway areas, development A. Be used only for the parking accordance with division (e)(2)A. shall cause no increase in flood lev- of vehicles, building access, or stor- and (e)(2)B. els during the occurrence of the age; and (3) Where flood protection eleva- base flood discharge. Prior to B. Be designed and certified by a tion data are not available, the issuance of a floodplain develop- registered professional engineer or structure shall have the lowest ment permit, the applicant must sub- architect to automatically equalize floor, including basement, elevated mit a hydrologic and hydraulic hydrostatic flood forces on exterior at least two (2) feet above the high- analysis, conducted by a registered walls by allowing for the entry and est adjacent natural grade. In Zone professional engineer, demonstrating that the proposed development exit of floodwaters; or AO areas with no elevations speci- would not result in any increase in C. Have a minimum of two (2) fied, the structure shall have the the base flood elevation; or openings on different walls having lowest floor, including basement, B. Development in floodway areas a total net area not less than one elevated at least two (2) feet above causing increases in the base flood (1) square inch for every square the highest adjacent natural grade. elevation may be permitted provid- foot of enclosed area, and the bot- (f) Accessory Structures. Relief to ed all of the following are complet- tom of all such openings being no the elevation or dry floodproofing ed by the applicant: higher than one (1) foot above standards may be granted for acces- 1. Meet the requirements to submit grade. The openings may be sory sStructures containing no more technical data in division (j)(1) of equipped with screens, louvers, or than that are six hundred (600) Section 3167.03; other coverings or devices provided square feet or less which are used 2. An evaluation of alternatives, that they permit the automatic entry for parking and storage only are which would not result in increased and exit of floodwaters. exempt from elevation or dry flood- base flood elevations and an expla- (6) Manufactured homes shall be proofing standards within zones A, nation why these alternatives are affixed to a permanent foundation A1-30, AE, AO, and AH designated not feasible; and anchored to prevent flotation, on the FIRM. Such structures must 3. Certification that no structures collapse or lateral movement of the meet the following standards: are located in areas that would be structure resulting from hydrody- (1) They shall not be used for impacted by the increased base namic and hydrostatic loads, includ- human habitation; flood elevation; ing the effects of buoyancy. Methods (2) They shall be constructed of 4. Documentation of individual of anchoring may include, but are flood resistant materials; legal notices to all impacted prop- not limited to, use of over-the-top or (3) They shall be constructed and erty owners within and outside the frame ties to ground anchors. placed on the lot to offer the mini- community, explaining the impact of (7) Repair or rehabilitation of his- mum resistance to the flow of flood- the proposed action on their proper- toric structures upon a determina- waters; ty; and tion that the proposed repair or (4) They shall be firmly anchored 5. Concurrence of the Mayor of rehabilitation will not preclude the to prevent flotation; Cleveland and the Chief Executive structure’s continued designation as (5) Service facilities such as elec- Officer of any other communities a historic structure and is the min- trical and heating equipment shall impacted by the proposed actions. imum necessary to preserve the his- be elevated or floodproofed to or (2) Development in Riverine toric character and design of the above the level of the flood protec- Areas with Base Flood Elevations structure, shall be exempt from the tion elevation; and but No Floodways. development standards of this sec- (6) They shall meet the opening A. In riverine special flood hazard tion. requirements of division (d)(5)C. of areas identified by FEMA where (8) In AO Zones and/or AH Zones, this section; base flood elevation data are pro- new construction and substantial (g) Recreational Vehicles. Recre- vided but no floodways have been improvement shall have adequate ational vehicles on sites within designated, the cumulative effect of drainage paths around structures on zones A, A1-A30, AE, AO, or AH any proposed development, when slopes to guide floodwaters around must meet at least one (1) of the combined with all other existing and away from the structure. following standards: and anticipated development, shall (e) Nonresidential Structures. The (1) They shall not be located on not increase the base flood elevation requirements of this division shall sites in special flood hazard areas more than one (1.0) foot at any 1224 July 31, 2019 The City Record 53 point. Prior to issuance of a flood- The requirements of division (j) 2. The elevated portion of the plain development permit, the appli- apply to development in coastal building and supporting foundation cant must submit a hydrologic and high hazard areas designated zone system shall not be subject to col- hydraulic analysis, conducted by a V or VE on the effective FIRM and lapse, displacement, or other struc- registered professional engineer, when designated on a preliminary tural damage due to the effects of demonstrating that this standard or final FIRM issued by FEMA wind and water loads acting simul- has been met; or under the circumstances provided in taneously on all building compo- B. Development in riverine special division (k)(3) of Section 3167.03. nents (structural and flood hazard areas identified by The requirements of division (j) non-structural). Water loading val- FEMA where base flood elevation also apply to development in Mod- ues shall be those associated with data are provided but no floodways erate Wave Action areas, within the based flood. Wind loading val- have been designated causing more zone AE between a Limit of Moder- ues shall be those defined according than one (1) foot increase in the ate Wave Action and the landward to the American Society of Civil base flood elevation may be permit- limit of zone V or VE designated on Engineers 7-16 Minimum design ted provided all of the following are the effective FIRM, or between a loads and associated criteria for completed by the applicant: Limit of Moderate Wave Action and buildings and other structures, or 1. An evaluation of alternatives the offshore limit of the City of equivalent standard. which would result in an increase of Cleveland’s jurisdiction where zone 3. All space enclosed by break- one (1) foot or less of the base flood V or VE is not designated on the away walls, open wood lattice-work, elevation and an explanation why effective FIRM. or insect screening below the lowest these alternatives are not feasible; (1) All new construction and sub- floor shall be used solely for park- 2. Divisions (a)(1)B.1., (a)(1)B.3, stantial improvements shall be ele- ing of vehicles, building access, or (a)(1)B.4., and (a)(1)B.5. of Section vated on pilings or columns that storage. 3167.04. may be armored as necessary to (3) The use of fill or redistributed (3) Alterations of a Watercourse. withstand Lake Erie ice forces so existing fill, placed after the intial For the purpose of these regula- that: identification of Zones V, VE or V1- tions, a watercourse is altered when A. The bottom of the lowest hori- 30 on the FIRM, for structural sup- any change occurs within its banks. zontal structural member supporting port of buildings is prohibited. The extent of the banks shall be the lowest floor (excluding the pil- (4) Alteration of sand dunes that established by a field determination ings or columns) is elevated to or will increase potential flood damage of the “bankfull stage.” The field above the flood protection elevation, is prohibited. determination of “bankfull stage” and (5) Placement or substantial shall be based on methods present- B. The pile or column foundation improvement of manufactured ed in Chapter 7 of the USDA Forest and structure attached thereto is homes must comply with divisions Service General Technical Report anchored to resist floatation, col- (j) (1) through (5). RM-245, Stream Channel Reference lapse and lateral movement due to (6) Recreational vehicles must Sites: An Illustrated Guide to Field the effects of wind and water loads either: Technique or other applicable pub- A. Be on site for few than one lication available from a Federal, acting simultaneously on all building components. hundred eighty (180) consecutive State, or other authoritative source. days; For all proposed developments that 1. Water loading values shall be those associated with the base flood. B. Be fully licensed and ready for alter a watercourse, the following highway use; or standards apply: 2. Wind loading values shall be those defined according to the Amer- C. Comply with divisions (j) (1) A. The bankfull flood carrying through (5). capacity of the altered or relocated ican Society of Civil Engineers 7-13 Minimum Design loads and associ- portion of the watercourse shall not Section 3167.05 Appeals Board be diminished. Prior to the issuance ated criteria for buildings and other structures, or the current version Established of a floodplain development permit, (a) The Board of Building Stan- the applicant must submit a descrip- adopted by the Ohio Board of Build- dards and Buildings Appeals as tion of the extent to which any ing Standards. established by the Charter shall watercourse will be altered or relo- 3. A registered professional engi- hear and decide appeals and cated as a result of the proposed neer or architect shall develop or requests for variances from the development, and certification by a review the structural design, speci- requirements of this chapter. registered professional engineer fications and plans for the con- (b) Powers and Duties. that the bankfull flood carrying struction, and shall certify that the (1) The Appeals Board shall hear capacity of the watercourse will not design and methods of construction and decide appeals where it is be diminished; to be used are in accordance with alleged there is an error in any B Adjacent communities, the U.S. accepted standards of practice for Army Corps of Engineers, and the order, requirement, decision or deter- meeting the provisions of divisions mination made by the Floodplain Ohio Department of Natural (j) (2) and (3). Resources, Division of Water, must Administrator in the administration (2) All new construction and sub- or enforcement of these regulations. be notified prior to any alteration or stantial improvements shall have relocation of a watercourse. Evi- (2) Authorize variances in accor- the space below the lowest floor dance with division (d) of this sec- dence of such notification must be either free of obstruction or con- submitted to the Federal Emergency tion of these regulations. structed with non-supporting break- (c) Appeals. Any person affected Management Agency; away walls, open wood lattice-work, C. The applicant shall be respon- by any notice and order, or other or insect screening intended to col- official action of the Floodplain sible for providing the necessary lapse without causing collapse, dis- maintenance for the altered or relo- Administrator may request and shall placement, or other structural cated portion of said watercourse so be granted a hearing on the matter damage to the elevated portion of that the flood carrying capacity will before the Appeals Board provided the building or supporting founda- not be diminished. The Floodplain that such person shall file, within tion system. Administrator may require the per- thirty (30) days of the date of such mit holder to enter into an agree- A. For the purpose of division (j) notice and order, or other official ment with the City of Cleveland (2), a breakaway wall shall have a action, a brief statement of the specifying the maintenance respon- design safe loading resistance of grounds for such hearing or for the sibilities. If an agreement is not less than 10 and no more than mitigation of any item appearing on required, it shall be made a condi- 20 pounds per square foot. any order of the Floodplain Admin- tion of the floodplain development B. Use of breakaway walls which istrator’s decision. Such appeal shall permit; exceed a design safe loading resis- be in writing, signed by the appli- D. The applicant shall meet the tance of 20 pounds per square foot cant, and be filed with the Flood- requirements to submit technical (either by design or where so plain Administrator. Upon receipt of data in division (j)(1)A.3. of Section required by these Codified Ordi- the appeal, the Floodplain Adminis- 3167.03 when an alteration of a nances or state codes) may be per- trator shall transmit said notice and watercourse results in the relocation mitted only if a registered all pertinent information on which or elimination of the special flood professional engineer or architect the Floodplain Administrator’s deci- hazard area, including the place- certifies that the designs proposed sion was made to the Appeals ment of culverts. meet all of the following conditions: Board. (j) Development Standards for 1. Breakaway wall collapse shall Upon receipt of the notice of Coastal High Hazard Areas And result from a water load less than appeal, the Appeals Board shall fix Moderate Wave Action (“MoWa”) that which would occur during the a reasonable time for the appeal, Areas. base flood; and give notice in writing to parties in 1225 54 The City Record July 31, 2019 interest, and decide the appeal with- I. The safety of access to the prop- (3) The applicant shall proceed in a reasonable time after it is sub- erty in times of flood for ordinary first to present evidence and testi- mitted. and emergency vehicles; mony in support of the appeal or (d) Variances. Any person believ- J. The expected heights, velocity, variance. ing that the use and development duration, rate of rise, and sediment (4) The administrator may pre- standards of these regulations transport of the floodwaters and the sent evidence or testimony in oppo- would result in unnecessary hard- effects of wave action, if applicable, sition to the appeal or variance. ship may file an application for a expected at the site; (5) All witnesses shall be subject variance. The Appeals Board shall K. The costs of providing govern- to cross- examination by the adverse have the power to authorize, in spe- mental services during and after party or their counsel. cific cases, such variances from the flood conditions, including mainte- (6) Evidence that is not admitted standards of these regulations, not nance and repair of public utilities may be proffered and shall become inconsistent with Federal regula- and facilities such as sewer, gas, part of the record for appeal. tions, as will not be contrary to the electrical, and water systems, and (7) The Board shall issue subpoe- public interest where, owning to streets and bridges. Variances shall nas upon written request for the special conditions of the lot or par- only be issued upon: attendance of witnesses. A reason- cel, a literal enforcement of the pro- L. A showing of good and suffi- able deposit to cover the cost of visions of these regulations would cient cause; issuance and service shall be col- result in unnecessary hardship. M. A determination that failure to lected in advance. (1) Application for a Variance. grant the variance would result in (8) The Board shall prepare con- A. Any owner, or agent thereof, of exceptional hardship due to the clusions of fact supporting its deci- property for which a variance is physical characteristics of the prop- sion. The decision may be sought shall make an application erty. Increased cost or inconve- announced at the conclusion of the for a variance by filing it with the nience of meeting the requirements hearing and thereafter issued in Floodplain Administrator, who upon of these regulations does not con- writing or the decision may be receipt of the variance shall trans- stitute an exceptional hardship to issued in writing within a reason- mit it to the Appeals Board. the applicant; able time after the hearing. B. Such application at a minimum N. A determination that the grant- (f) Appeal to the Court. Those shall contain the following informa- ing of a variance will not result in aggrieved by the decision of the tion: Name, address, and telephone increased flood heights beyond that Appeals Board may appeal such number of the applicant; legal which is allowed in these regula- decision to the Cuyahoga County description of the property; parcel tions; additional threats to public Court of Common Pleas, as provided map; description of the existing use; safety; extraordinary public in RC Chapter 2506. description of the proposed use; loca- expense, nuisances, fraud on or vic- tion of the floodplain; description of timization of the public, or conflict Section 3167.06 Enforcement the variance sought; and reason for with existing local laws. (a) Compliance Required. the variance request. O. A determination that the struc- (1) No structure or land shall C. All application for a variance ture or other development is pro- hereafter be located, erected, con- shall be accompanied by a Variance tected by methods to minimize flood structed, reconstructed, repaired, Application Fee set in accordance damages; extended, converted, enlarged or with Section 329.05. P. A determination that the vari- altered without full compliance with (2) Notice for Public Hearing. The the terms of these regulations and ance is the minimum necessary, con- Appeals Board shall schedule and all other applicable regulations sidering the flood hazard, to afford hold a public hearing within thirty which apply to uses within the juris- relief. (30) days after the receipt of an diction of these regulations, unless Upon consideration of the above application for a variance from the specifically exempted from filing factors and the purposes of these Floodplain Administrator. Prior to for a development permit as stated regulations, the Appeals Board may the hearing, a notice of such hear- in division (i) of Section 3167.03. attach such conditions to the granting shall be given in one (1) or (2) Failure to obtain a floodplain more newspapers of general circu- ing of variances, as it deems neces- development permit shall be a violation in the community at least ten sary to further the purposes of these lation of these regulations and shall (10) days before the date of the regulations. be punishable in accordance with hearing. (4) Other Conditions for Vari- Section 3167.99. (3) Public Hearing. At such hear- ances. (3) Floodplain development per- ing the applicant shall present such A. Variances shall not be issued mits issued on the basis of plans statements and evidence as the within any designated floodway if and applications approved by the Appeals Board requires. In consid- any increase in flood levels during Floodplain Administrator authorize ering such variance applications, the base flood discharge would only the use, and arrangement, set the Appeals Board shall consider result. forth in such approved plans and and make findings of fact on all B. Generally, variances may be applications or amendments thereto. evaluations, all relevant factors, issued for new construction and sub- Use, arrangement, or construction standards specified in other sections stantial improvements to be erected contrary to that authorized shall be of these regulations and the follow- on a lot of one-half (1/2) acre or deemed a violation of these regula- ing factors: less in size contiguous to and sur- tions and punishable in accordance A. The danger that materials may rounded by lots with existing struc- with Section 3167.99. be swept onto other lands to the tures constructed below the base (b) Notice of Violation. Whenever injury of others; flood level, providing items in divi- the Floodplain Administrator deter- B. The danger to life and proper- sion (d)(3) of Section 3167.05 have mines that there has been a viola- ty due to flooding or erosion dam- been fully considered. As the lot tion of any provision of these age; size increases beyond one-half (1/2) regulations, he or she shall give C. The susceptibility of the pro- acre, the technical justification notice of such violation to the per- posed facility and its contents to required for issuing the variance son responsible therefore and order flood damage and the effect of such increases. compliance with these regulations damage on the individual owner; C. Any applicant to whom a vari- as hereinafter provided. Such notice D. The importance of the services ance is granted shall be given writ- and order shall: provided by the proposed facility to ten notice that the structure will be (1) Be put in writing on an appro- the community; permitted to be built with a lowest priate form; E. The availability of alternative floor elevation below the base flood (2) Include a list of violations, locations for the proposed use that elevation and the cost of flood insur- referring to the section or sections are not subject to flooding or ero- ance will be commensurate with the of these regulations that have been sion damage; increased risk resulting from the violated, and order remedial action, F. The necessity to the facility of reduced lowest floor elevation. which, if taken, will effect compli- a waterfront location, where applic- (e) Procedure at Hearings. ance with the provisions of these able; (1) All testimony shall be given regulations; G. The compatibility of the pro- under oath. (3) Specify a reasonable time for posed use with existing and antici- (2) A complete record of the pro- performance; pated development; ceedings shall be kept, except con- (4) Advise the owner, operator, or H. The relationship of the pro- fidential deliberations of the Board, occupant of the right to appeal; posed use to the comprehensive plan but including all documents pre- (5) Be served on the owner, occu- and floodplain management pro- sented and a verbatim record of the pant, or agent in person. However, gram for that area; testimony of all witnesses. this notice and order shall be 1226 July 31, 2019 The City Record 55 deemed to be properly served upon Section 1. That the Director of lead abatement performed under the the owner, occupant, or agent if a Community Development is autho- grants as described in the file, to be copy thereof is sent by registered or rized to employ by contract or con- purchased by the Commissioner of certified mail to the person’s last tracts one or more consultants or Purchases and Supplies on a unit known mailing address, residence, one or more firms of consultants for basis, for the Department of Com- or place of business, and/or a copy the purpose of supplementing the munity Development. Bids shall be is posted in a conspicuous place in regularly employed staff of the sev- taken in a manner that permits an or on the dwelling affected. eral departments of the City of award to be made for all items as Cleveland in order to provide pro- a single contract, or by separate Section 3167.99 Violations and fessional services necessary to pro- contract for each or any combina- Penalties vide grant writing services needed tion of the items as the Board of Violation of the provisions of to assist the City with preparing the Control determines. these regulations or failure to com- applications needed to receive the Section 7. That the costs of the ply with any of its requirements grants identified in this ordinance. contract or contracts shall be shall be deemed to be a strict lia- The selection of the consultants charged against the proper appro- bility offense, and shall constitute a for the services shall be made by priation accounts and the Director first degree misdemeanor. Any per- the Board of Control on the nomi- of Finance shall certify the amount son who violates these regulations nation of the Director of Communi- of any purchase or procurement or fails to comply with any of its ty Development from a list of under the contract, each of which requirements shall upon conviction qualified consultants available for purchases or procurements shall be thereof be fined or imprisoned as employment as may be determined made on order of the Commissioner provided by the laws of the city of after a full and complete canvass by of Purchases and Supplies by a Cleveland. Each day such violation the Director of Community Develop- delivery order issued against the continues shall be considered a sep- ment for the purpose of compiling a contract or contracts and certified arate offense. Nothing herein con- list. The compensation to be paid for by the Director of Finance. tained shall prevent the City of the services shall be fixed by the Section 8. That, unless expressly Cleveland from taking such other Board of Control. The contract or prohibited by the grant agreements, lawful action as is necessary to pre- contracts authorized shall be pre- under Section 108(b) of the Charter, vent or remedy any violation. The pared by the Director of Law, purchases or procurements made City of Cleveland shall prosecute approved by the Director of Com- under the grant agreements may be any violation of these regulations in munity Development, and certified made through cooperative arrange- accordance with the penalties stat- by the Director of Finance. ments with other governmental ed herein. Section 2. That the Director of agencies. The Director of Communi- Section 2. That Sections 3167.01 to Community Development is autho- ty Development may sign all docu- 3167.06 and 3167.99 of the Codified rized to apply for and accept the ments and do all things that are Ordinances of Cleveland, Ohio, 1976, Lead Hazard Reduction Demonstra- necessary to make the purchases or as enacted by Ordinance No. 1613-10, tion Grant in an estimated amount procurements, and may enter into passed November 29, 2010, are of $9,100,000 and to apply for and one or more contracts with the ven- repealed. accept the Healthy Homes Supple- dors selected through that cooperative process. Section 3. That this ordinance is ment grant in the amount of up to Section 9. That the Director of declared to be an emergency mea- $600,000, and any other funds that Community Development is autho- sure and, provided it receives the may become available during the rized to enter into one or more con- affirmative vote of two-thirds of all grant terms, both from the U.S. tracts with or make payments to the members elected to Council, it Department of Housing and Urban various entities, agencies, or indi- Development to conduct the Lead shall take effect and be in force viduals to implement the grants as Hazard Reduction Demonstration immediately upon its passage and described in the file. and the Healthy Homes Programs; approval by the Mayor; otherwise it Section 10. That the costs of the that the Director is authorized to shall take effect and be in force contract or contracts authorized by from and after the earliest period file all papers and execute all doc- this ordinance and administrative allowed by law. uments necessary to receive the costs shall be paid from the fund or Motion to suspend rules, Charter, funds under the grants; and that the funds to which are credited the and statutory provisions and place funds are appropriated for the pur- grant proceeds accepted under this on final passage. poses described in the Executive ordinance, except for the profes- The rules were suspended. Yeas Summary contained in the file sional services for grant writing 16. Nays 0. Read second time. Read below. authorized in Section 1 of this ordi- third time in full. Passed. Yeas 16. Section 3. That the Executive nance, which shall be paid from Nays 0. Summary, presented to the Finance Fund No. 14 SF 043 and any prior Committee of this Council at a pub- year balances. Ord. No. 858-2019. lic hearing on this legislation and Section 11. That this ordinance is By Council Members Brancatelli set forth in File No. 858-2019-A, is declared to be an emergency mea- and Kelley (by departmental made a part of this ordinance as if sure and, provided it receives the request). fully rewritten, is approved in all affirmative vote of two-thirds of all An emergency ordinance authoriz- respects, and shall not be changed the members elected to Council, it ing the Director of Community without additional legislative shall take effect and be in force Development to employ one or more authority. immediately upon its passage and professional consultants to provide Section 4. That the Director of approval by the Mayor; otherwise it grant writing services; and autho- Community Development shall have shall take effect and be in force rizing the Director of Community the authority to extend the term of from and after the earliest period Development to apply for and accept the grants during the grant terms. allowed by law. the Lead Hazard Reduction Demon- Section 5. That the Director of Motion to suspend rules, Charter, stration Grant and the Healthy Community Development shall and statutory provisions and place Homes Grant both from the U.S. deposit the grants accepted under on final passage. Department of Housing and Urban this ordinance into a fund or funds The rules were suspended. Yeas Development; authorizing the pur- designated by the Director of 16. Nays 0. Read second time. Read chase by one or more standard and Finance to implement the programs third time in full. Passed. Yeas 16. requirement contracts of materials, as described in the file and appro- Nays 0. equipment, supplies, and services priated for those purposes. necessary to implement the grants Section 6. That the Director of Ord. No. 859-2019. and for the rental of furniture and Community Development is autho- By Council Members Conwell, other household articles to supply rized to make one or more written Johnson and Brancatelli (by depart- and accommodate displaced persons; standard purchase and/or written mental request). and authorizing one or more con- requirement purchase contracts An emergency ordinance to amend tracts with various entities, agen- under the Charter and the Codified Section 559.11 of the Codified Ordi- cies, or individuals to implement the Ordinances of Cleveland, Ohio, 1976, nances of Cleveland, Ohio, 1976, as grants. for the period during the grant amended by Ordinance No. 109-56, Whereas, this ordinance consti- terms, for each or all of the follow- passed February 11, 1957, to reduce tutes an emergency measure providing items: materials, equipment, sup- the size of the German Garden; and ing for the usual daily operation of plies, and services needed to to supplement the codified ordi- a municipal department; now, there- implement the grant and for the nances by enacting new Section fore, rental of furniture and other house- 559.111 to designate the Centennial Be it ordained by the Council of hold articles to supply and accom- Peace Plaza at 1051 Martin Luther the City of Cleveland: modate displaced persons during King Jr. Drive. 1227 56 The City Record July 31, 2019

Whereas, this ordinance consti- Thence N 61°00'00" W, a distance Thence Northwesterly along said tutes an emergency measure provid- of 22.50 feet to the point of curva- Northeast Line of Martin Luther ing for the usual daily operation of ture of a tangent curve; King Jr. Boulevard, 193.72 feet, a municipal department; now, there- Thence 56.01 feet along said curve along a curve deflecting to the fore, deflecting to the left, having a right, having a radius of 2530.00 Be it ordained by the Council of radius of 55.00 feet, a central angle feet, a central angle of 04°23'14” the City of Cleveland: of 58°21'00" and a chord bearing S and a chord bearing N 32°17'58" W, Section 1. That Section 559.11 of 89°49'30" W, 53.62 feet to a point of 193.67 feet, to the POINT OF BEGIN- the Codified Ordinances of Cleve- tangency; NING; said described tract contain- land, Ohio, 1976, as amended by Thence S 60°39'00" W, a distance ing 26,858 Sq. Ft., 0.6166 Acres. Ordinance No. 109-56, passed Febru- of 18.50 feet to the point of curva- Section 4. That this ordinance is ary 11, 1957, is amended to read as ture of a tangent curve; declared to be an emergency mea- follows: Thence 35.87 feet along said curve sure and, provided it receives the deflecting to the right, having a affirmative vote of two-thirds of all Section 559.11 German Garden radius of 35.50 feet, a central angle the members elected to Council, it Beginning at an iron pipe in the of 57°53'41" and a chord bearing S shall take effect and be in force westerly line of the upper drive, 89°35'51"W, 34.36 feet to a point; immediately upon its passage and which is also the southeasterly cor- Thence S 61°51'55" W, a distance approval by the Mayor; otherwise it ner of the Lithuanian Garden; of 39.00 feet to a point on said North- shall take effect and be in force thence southerly along the westerly east Line of Martin Luther King Jr. from and after the earliest period line of the upper drive 502.80 feet to Boulevard; allowed by law. an iron pipe in the northeasterly Thence Northwesterly along said Motion to suspend rules, Charter, corner of the Hungarian Garden; Northeast Line of Martin Luther and statutory provisions and place thence westerly along the northerly King Jr. Boulevard 287.07 feet, on final passage. line of the Hungarian Garden 359.70 along a non-tangent curve deflect- The rules were suspended. Yeas feet to an iron pipe in the easterly ing to the right, having a radius of 16. Nays 0. Read second time. Read line of the lower drive; thence 2530.00 feet, a central angle of third time in full. Passed. Yeas 16. northerly along the easterly line of 06°30'04" and a chord bearing N Nays 0. the lower drive 480.80 feet to an iron 26°51'19" W, 286.92 feet to the pipe in the southwesterly corner of POINT OF BEGINNING, said Ord. No. 893-2019. the Lithuanian Garden; thence east- described tract containing 2.6553 By Council Member Hairston. erly along the southerly line of the Acres (115,663 Square Feet). An emergency ordinance authoriz- Lithuanian Garden 225.26 feet to the Section 2. That existing Section ing and directing the Director of place of beginning. 559.11 of the Codified Ordinances of Capital Projects to issue a permit to Commencing at a 3/4" Iron Pipe Cleveland, Ohio, 1976, as amended Famicos Foundation to stretch a Found on the Northeast Line of Mar- by Ordinance No. 109-56, passed Feb- banner at East 88th Street and St. tin Luther King Jr. Boulevard at the ruary 11, 1957, is repealed. Clair Avenue for the period from Section 3. That the Codified Ordi- Southwest Corner of the Lithuanian July 26, 2019 to August 11, 2019, nances of Cleveland, Ohio, 1976, are Cultural Garden, also being the inclusive, publicizing the Glenville supplemented by enacting new Sec- Northwest Corner of the German Festival. tion 559.111 to read as follows: Cultural Garden, said point being Whereas, this ordinance consti- the POINT OF BEGINNING; tutes an emergency measure provid- Section 559.111 Centennial Peace Thence N 61°52'46" E, along the ing for the usual daily operation of southerly line of said Lithuanian Plaza Commencing at a 3/4" Iron Pipe a municipal department; now, there- Cultural Garden a distance of 224.39 Found on the Northeast Line of Mar- fore, feet, to a point on the Southwest tin Luther King Jr. Boulevard at the Be it ordained by the Council of line of East Boulevard (80 feet Southwest Corner of the Lithuanian the City of Cleveland: wide), also being the Southeast Cor- Cultural Garden, also being the Section 1. That notwithstanding ner of the said Lithuanian Cultural Northwest Corner of the German the provision of Section 623.13 of the Garden and the Northeast Corner of Cultural Garden, thence Southeast- Codified Ordinances, of Cleveland, said German Cultural Garden; erly along said Northeast line of Ohio, 1976, the Director of the Thence Southeasterly along said Martin Luther King Jr. Boulevard, Department of Capital Projects is Southwest line of East Boulevard, 287.07 feet, along a curve deflecting hereby authorized and directed to 261.51 feet on a curve deflecting to to the left, having a radius 2530.00 issue a permit to Famicos Founda- the left, having a radius of 786.03 feet, a central angle of 06°30'04" tion to stretch a banner at East 88th feet, a central angle of 19°03'45", and a chord bearing N 26°51'19" W, Street and St. Clair Avenue. Said and a chord bearing S 44°02'24" E 286.92 feet, to the PLACE OF banner shall be approved by the 260.31 feet to the point of reverse BEGINNING; Director of Capital Projects, in con- curvature; Thence N 61°51'55" E, a distance sultation with the Director of Pub- Thence continuing Southeasterly of 39.00 feet to a point; lic Safety, as to type, method of along said Southwest line of East Thence Northeasterly 35.87 feet, affixing and location so as not to Boulevard, 241.29 feet, along said along a curve deflecting to the left, interfere with any sign erected and reverse curve deflecting to the right having a radius of 35.50 feet, a cen- maintained under the requirements having a radius of 848.60 feet, a central angle of 57°53'41" and a chord of law or ordinance. The permission tral angle of 16°17'29" and a chord bearing N 89°35'51" E, 34.36 feet to of the owner of any pole from which bearing S 45°25'32" E, 240.48 feet to a point of tangency; a banner will be hung must be the Northeast Corner of the Hun- Thence N 60°39'00" E, a distance obtained prior to issuance of the of 18.50 feet to a point of curvature; garian Cultural Garden also being permit. No commercial advertising Thence Northeasterly 56.01 feet, Southeast Corner of said German shall be printed or permitted on said along a curve deflecting to the Cultural Garden; banner and said banner shall be right, having a radius of 55.00 feet, Thence S 61°51'55" W, along the a central angle of 58°21'00" and a removed promptly upon the expira- Northeast line of said Hungarian chord bearing N 89°49'30" E, 53.62 tion of said permit. Cultural Garden, also being the feet to a point of tangency; Section 2. That this ordinance is Southwest line of said German Cul- Thence S 61°00'00" E, a distance hereby declared to be an emergency tural Garden, a distance of 211.49 of 22.50 feet to a point of curvature; measure and, provided it receives feet to the Southeast Corner of Cen- Thence Southeasterly 22.12 feet, the affirmative vote of two-thirds of tennial Plaza; along a curve deflecting to the left, all the members elected to Council, Thence along the Northeasterly having a radius of 72.50 feet, a cen- it shall take effect and be in force and Northwesterly lines of said Cen- tral angle of 17°28'43" and a chord immediately upon its passage and tennial Plaza the following 7 cours- bearing S 69°44'21" E, 22.03 feet; approval by the Mayor; otherwise, it es; Thence S 28°08'05" E, a distance shall take effect and be in force Thence N 28°08'05" W, a distance of 117.05 feet, to a point on the from and after the earliest period of 117.05 feet to the point of curva- Northwest Line of the Hungarian allowed by law. ture of a non-tangent curve; Cultural Garden; Motion to suspend rules, Charter, Thence Northwesterly 22.12 feet, Thence S 61°51'55" W, along said and statutory provisions and place along said non-tangent curve Northwest Line of the Hungarian on final passage. deflecting to the right, having a Cultural Garden, a distance of 148.05 The rules were suspended. Yeas radius of 72.50 feet, a central angle feet, to a point on the aforesaid 16. Nays 0. Read second time. Read of 17°28'43" and a chord bearing N Northeast Line of Martin Luther third time in full. Passed. Yeas 16. 69°44'21" W, 22.03 feet to a point; King Jr. Boulevard; Nays 0. 1228 July 31, 2019 The City Record 57

Ord. No. 894-2019. Section 2. That the cost of said The rules were suspended. Yeas By Council Members Bishop, John- contract shall be in an amount not 16. Nays 0. Read second time. Read son, Cleveland, Griffin, Polensek to exceed $8,750 and shall be paid third time in full. Passed. Yeas 16. and Conwell. from Fund No. 10 SF 188. Nays 0. An emergency ordinance authoriz- Section 3. That the Director of ing the Director of the Department Law shall prepare and approve said Ord. No. 899-2019. of Public Works to enter into agree- contract and that the contract shall By Council Member McCormack. ment with Poise Entertainment Co. contain such terms and provisions An emergency ordinance to amend for the Youth Music Education Pro- as he deems necessary to protect the Section 551.22 of the Codified Ordi- gram through the use of Wards 2, 4, City’s interest. nances of Cleveland, Ohio, 1976, as 5, 6, 8 and 9 Casino Revenue Funds. Section 4. That this ordinance is amended by Ordinance No. 257-2019, Whereas, this ordinance consti- hereby declared to be an emergency passed June 3, 2019, relating to the tutes an emergency measure provid- measure and, provided it receives waste collection hours near residen- ing for the usual daily operation of the affirmative vote of two-thirds of tial dwelling units. a municipal department; now, there- all the members elected to Council, Whereas, this ordinance consti- fore, it shall take effect and be in force tutes an emergency measure provid- Be it ordained by the Council of immediately upon its passage and ing for the usual daily operation of the City of Cleveland: approval by the Mayor; otherwise it a municipal department; now, there- Section 1. That the Director of the shall take effect and be in force fore, Department of Public Works is here- from and after the earliest period Be it ordained by the Council of by authorized to enter into agree- allowed by law. the City of Cleveland: ment effective June 2, 2019 with Motion to suspend rules, Charter, Section 1. That Section 551.22 of Poise Entertainment Co. for the and statutory provisions and place the Codified Ordinances of Cleve- Youth Music Education Program for on final passage. land, Ohio 1976, as amended by Ordi- the public purpose of providing The rules were suspended. Yeas nance No. 257-2019, passed June 3, music education programming to 16. Nays 0. Read second time. Read 2019 is amended as follows: city of Cleveland youth through the third time in full. Passed. Yeas 16. use of Wards 2, 4, 5, 6, 8 and 9 Casi- Nays 0. no Revenue Funds. Section 551.22 Hours of Collection Section 2. That the cost of said and Transportation Ord. No. 896-2019. contract shall be in an amount not No person owning or driving a By Council Members McCormack to exceed $5,000 and shall be paid vehicle hauling solid waste shall and B. Jones. from Fund No. 10 SF 188. cause the collection, transportation Section 3. That the Director of An emergency ordinance authoriz- or transfer of such waste other than Law shall prepare and approve said ing the issuance of a Mobile Permit between the hours of 6:00 a.m. and contract and that the contract shall to Julie Nassif/Treatz on Streetz to 7:00 p.m. except that in areas with- contain such terms and provisions engage in mobile vending in Wards in 250 feet of a residential district as he deems necessary to protect the 3 and 7. dwelling unit such collection, trans- City’s interest. Whereas, pursuant to Section portation or transfer shall begin no Section 4. That this ordinance is 675.07 of the Codified Ordinances of earlier than 7:00 a.m. No collection, hereby declared to be an emergency Cleveland, Ohio, 1976, (the “Codified transportation or transfer shall measure and, provided it receives Ordinances”) the consent of Council occur on Saturdays after 6:00 p.m. or the affirmative vote of two-thirds of expressed by ordinance is a prereq- on Sundays. Application for excep- all the members elected to Council, uisite to peddling upon public rights tions to this provision may be made it shall take effect and be in force of way outside of the Central Busi- to the Director of Public Service, on immediately upon its passage and ness District; and a form provided by the Director. approval by the Mayor; otherwise it Whereas, Council has considered Such exceptions shall be granted shall take effect and be in force the request of Julie Nassif/Treatz only where the applicant is able to from and after the earliest period on Streetz to engage in mobile vend- demonstrate circumstances of great allowed by law. ing outside of the Central Business practical difficulty in the collection Motion to suspend rules, Charter, district, and has determined that it and transportation of solid waste in and statutory provisions and place is in the public interest to allow areas where there is heavy daytime on final passage. Julie Nassif/Treatz on Streetz to vehicular and pedestrian traffic and The rules were suspended. Yeas engage in mobile vending in Wards a concentration of commercial activ- 16. Nays 0. Read second time. Read 3 and 7; and ity. third time in full. Passed. Yeas 16. Whereas, this ordinance consti- Nays 0. Section 2. That existing Section tutes an emergency measure provid- 551.22 of the Codified Ordinances of ing for the usual daily operation of Ord. No. 895-2019. Cleveland, Ohio 1976, as amended by a municipal department; now, there- Ordinance No. 257-2019, passed June By Council Members J. Jones, fore, Bishop, McCormack, Johnson, Grif- 3, 2019, is repealed. Be it ordained by the Council of fin, Polensek, Hairston, Brady, Bran- Section 3. That this ordinance is the City of Cleveland: catelli, Zone and Kazy. declared to be an emergency mea- Section 1. That this Council con- An emergency ordinance authoriz- sure and, provided it receives the sents, as required by, Section 675.08 ing the Director of the Department affirmative vote of two-thirds of all of the Codified Ordinances to allow of Public Works to enter into agree- the members elected to Council, it to Julie Nassif/Treatz on Streetz to ment with the Cleveland Cultural shall take effect and be in force Gardens Federation for the One engage in mobile vending in the immediately upon its passage and World Day Centennial Expo through public rights of way in Wards 3 and approval by the Mayor; otherwise it the use of Wards 1, 2, 3, 4, 6, 7, 8, 7. shall take effect and be in force 10, 11, 12, 15 and 16 Casino Revenue Section 2. That all of the require- from and after the earliest period Funds. ments of Chapter 675 of the Codified allowed by law. Whereas, this ordinance consti- Ordinances shall apply to the per- Motion to suspend rules, Charter, tutes an emergency measure provid- sons named in Section 1 of this ordi- and statutory provisions and place ing for the usual daily operation of nance. on final passage. a municipal department; now, there- Section 3. That the privilege The rules were suspended. Yeas fore, granted may be revoked at any time 16. Nays 0. Read second time. Read Be it ordained by the Council of by this Council. third time in full. Passed. Yeas 16. the City of Cleveland: Section 4. That this ordinance is Nays 0. Section 1. That the Director of the declared to be an emergency mea- Department of Public Works is here- sure and, provided it receives the FIRST READING EMERGENCY by authorized to enter into agree- affirmative vote of two-thirds of all RESOLUTIONS READ IN FULL ment effective August 1, 2019 for the the members elected to Council, it AND ADOPTED One World Day Centennial Expo for shall take effect and be in force the public purpose of providing edu- immediately upon its passage and Res. No. 837-2019. cational programming and activities approval by the Mayor; otherwise, it By Council Member J. Jones. on the diverse ethnic population and shall take effect and be in force An emergency resolution with- various cultures that are present in from and after the earliest period drawing objection to the transfer of the city of Cleveland through the allowed by law. ownership of a C1, C2 and D6 Liquor use of Wards 1, 2, 3, 4, 6, 7, 8, 10, Motion to suspend rules, Charter, Permit at 4071 Lee Road, Unit 290, 11, 12, 15 and 16 Casino Revenue and statutory provisions and place 1st floor and repealing Resolution Funds. on final passage. No. 332-2019 objecting to said permit. 1229 58 The City Record July 31, 2019

Whereas, this Council objected to Section 2. That this resolution is accordance with provisions of Sec- a transfer of ownership of a C1, C2 hereby declared to be an emergency tion 4303.26 of the Revised Code of and D6 Liquor Permit to RPM Spir- measure and provided it receives the Ohio. its, Inc., DBA One Stop Liquor, 4071 affirmative vote of two-thirds of all Section 2. That the Clerk of Coun- Lee Road, Unit 290, 1st floor, Cleve- the members elected to Council, it cil be and she is hereby directed to land, Ohio 44128, Permit No. 7569455 shall take effect and be in force transmit two certified copies of this by Resolution No. 332-2019 adopted immediately upon its adoption and resolution, together with two copies by the Council on March 18, 2019; approval by the Mayor; otherwise, it of a letter of objection and two and shall take effect and be in force copies of a letter requesting that the Whereas, this Council wishes to from and after the earliest period hearing be held in Cleveland, Cuya- withdraw its objection to the above allowed by law. hoga County. permit and consents to said permit; Motion to suspend rules, Charter, Section 3. That this resolution is and and statutory provisions and place hereby declared to be an emergency Whereas, this resolution consti- on final adoption. measure and, provided it receives tutes an emergency measure provid- The rules were suspended. Yeas the affirmative vote of two-thirds of ing for the usual daily operation of 16. Nays 0. Read second time. Read all the members elected to Council, a municipal department; now, there- third time in full. Adopted. Yeas it shall take effect and be in force fore, 16. Nays 0. immediately upon its adoption and Be it resolved by the Council of approval by the Mayor; otherwise, it the City of Cleveland: Res. No. 839-2019. shall take effect and be in force Section 1. That objection to the By Council Member Cleveland. from and after the earliest period transfer of ownership of a C1, C2 An emergency resolution object- allowed by law. and D6 Liquor Permit to RPM Spir- ing to the transfer of stock of a C1 Motion to suspend rules, Charter, its, Inc., DBA One Stop Liquor, 4071 and C2 Liquor Permit to 7401-05 Cen- and statutory provisions and place Lee Road, Unit 290, 1st floor, Cleve- tral Avenue, 1st floor and basement. on final adoption. land, Ohio 44128, Permit No. 7569455, Whereas, Council has been noti- The rules were suspended. Yeas be and the same is hereby with- fied by the Division of Liquor Con- 16. Nays 0. Read second time. Read drawn and Resolution No. 332-2019, trol of an application for a transfer third time in full. Adopted. Yeas containing such objection, be and of stock of a C1 and C2 Liquor Per- 16. Nays 0. the same is hereby repealed and mit at Gurdev, Inc., DBA Deeps that this Council consents to the State Liquor & Market, 7401-05 Cen- Res. No. 840-2019. immediate permit thereof. tral Avenue, 1st floor and basement, By Council Member Griffin. Section 2. That this resolution is Cleveland, Ohio 44104, Permit No. An emergency resolution object- hereby declared to be an emergency 3452641; and ing to the transfer of liquor license measure and provided it receives the Whereas, the granting of this of a C1 Liquor Permit to 3170 East affirmative vote of two-thirds of all application for a liquor permit to 91st Street. the members elected to Council, it this high crime area, which is Whereas, Council has been noti- shall take effect and be in force already saturated with other liquor fied by the Division of Liquor Con- immediately upon its adoption and outlets, is contrary to the best inter- trol of an application for the approval by the Mayor; otherwise, it ests of the entire community; and transfer of liquor license of a C1 shall take effect and be in force Whereas, the applicant does not Liquor Permit from Dolgen Midwest, from and after the earliest period qualify to be a permit holder and/or LLC, DBA Dollar General #13506, allowed by law. has demonstrated that he has oper- 9111 Miles Avenue, Cleveland, Ohio Motion to suspend rules, Charter, ated his liquor business in disregard 44105, Permit Number 22348151600 to and statutory provisions and place of the laws, regulations or local Dolgen Midwest LLC, DBA Dollar on final adoption. ordinances of this state or any other General #19953, 3170 East 91st The rules were suspended. Yeas state; and Street, Cleveland, Ohio 44104, Permit 16. Nays 0. Read second time. Read Whereas, the place for which the Number 22348151601; and third time in full. Adopted. Yeas permit is sought has not conformed Whereas, the granting of this 16. Nays 0. to the building, safety or health application for a liquor permit to requirements of the governing body this high crime area, which is Res. No. 838-2019. of this County or City; and already saturated with other liquor By Council Member McCormack. Whereas, the place for which the outlets, is contrary to the best inter- An emergency resolution with- permit is sought is so arranged or ests of the entire community; and drawing objection to the transfer of constructed that law enforcement Whereas, the applicant does not stock of a D5 and D6 Liquor Permit officers or agents of the Division of qualify to be a permit holder and/or at 1392 West 6th Street, 1st & 2nd Liquor Control are prevented rea- has demonstrated that he has oper- floors, basement and patio and sonable access to the establishment; repealing Resolution No. 267-2019, and ated his liquor business in disregard objecting to said transfer. Whereas, the place for which the of the laws, regulations or local Whereas, this Council objected to permit is sought is so located with ordinances of this state or any other the transfer of stock of a D5 and D6 respect to the neighborhood that it state; and Liquor Permit at Drop Bar, LLC, substantially interferes with public Whereas, the place for which the 1392 West 6th Street, 1st & 2nd decency, sobriety, peace or good permit is sought has not conformed floors, basement and patio, Cleve- order; and to the building, safety or health land, Ohio 44113, Permit No. 2314371 Whereas, this objection is based requirements of the governing body by Resolution No. 267-19 adopted by on other legal grounds as set forth of this County or City; and the Council on February 25, 2019; in Revised Code Section 4303.292; Whereas, the place for which the and and permit is sought is so arranged or Whereas, this Council wishes to Whereas, this resolution consti- constructed that law enforcement withdraw its objection to the above tutes an emergency measure provid- officers or agents of the Division of transfer and consents to said trans- ing for the immediate preservation Liquor Control are prevented rea- fer; and of the public peace, prosperity, safe- sonable access to the establishment; Whereas, this resolution consti- ty and welfare pursuant to Section and tutes an emergency measure provid- 4303.26 of the Ohio Revised Code. Whereas, the place for which the ing for the usual daily operation of Council’s objection to said permit permit is sought is so located with a municipal department; now, there- must be received by the Superinten- respect to the neighborhood that it fore, dent of Liquor Control within 30 substantially interferes with public Be it resolved by the Council of days of notification; now, therefore, decency, sobriety, peace or good the City of Cleveland: Be it resolved by the Council of order; and Section 1. That objection to a D5 the City of Cleveland: Whereas, this objection is based and D6 Liquor Permit at Drop Bar, Section 1. That Council does hereon other legal grounds as set forth LLC, 1392 West 6th Street, 1st & 2nd by record its objection to a transfer in Revised Code Section 4303.292; floors, basement and patio, Cleve- of stock of a C1 and C2 Liquor Per- and land, Ohio 44113, Permit No. 2314371, mit at Gurdev, Inc., DBA Deeps Whereas, this resolution consti- be and the same is hereby with- State Liquor & Market, 7401-05 Cen- tutes an emergency measure provid- drawn and Resolution No. 267-19, tral Avenue, 1st floor and basement, ing for the immediate preservation containing such objection, be and Cleveland, Ohio 44104, Permit No. of the public peace, prosperity, safe- the same is hereby repealed and 3452641, and requests the Superin- ty and welfare pursuant to Section that this Council consents to the tendent of Liquor Control to set a 4303.26 of the Ohio Revised Code. immediate transfer thereof. hearing for said application in Council’s objection to said permit 1230 July 31, 2019 The City Record 59 must be received by the Superinten- shall take effect and be in force Section 2. That the Clerk of Coun- dent of Liquor Control within 30 immediately upon its adoption and cil be and she is hereby directed to days of notification; now, therefore, approval by the Mayor; otherwise, it transmit two certified copies of this Be it resolved by the Council of shall take effect and be in force resolution, together with two copies the City of Cleveland: from and after the earliest period of a letter of objection and two Section 1. That Council does here- allowed by law. copies of a letter requesting that the by record its objection to the trans- Motion to suspend rules, Charter, hearing be held in Cleveland, Cuya- fer of liquor license of a C1 Liquor and statutory provisions and place hoga County. Permit from Dolgen Midwest, LLC, on final adoption. Section 3. That this resolution is DBA Dollar General #13506, 9111 The rules were suspended. Yeas hereby declared to be an emergency Miles Avenue, Cleveland, Ohio 44105, 16. Nays 0. Read second time. Read measure and, provided it receives Permit Number 22348151600 to Dol- third time in full. Adopted. Yeas the affirmative vote of two-thirds of gen Midwest LLC, DBA Dollar Gen- 16. Nays 0. all the members elected to Council, eral #19953, 3170 East 91st Street, it shall take effect and be in force Cleveland, Ohio 44104, Permit Num- Res. No. 842-2019. immediately upon its adoption and ber 22348151601, and requests the By Council Member B. Jones. approval by the Mayor; otherwise, it Superintendent of Liquor Control to An emergency resolution object- shall take effect and be in force set a hearing for said application in ing to the transfer of stock of a D5 from and after the earliest period accordance with provisions of Sec- and D6 Liquor Permit to 2549 St. allowed by law. tion 4303.26 of the Revised Code of Clair Avenue, 1st floor and base- Motion to suspend rules, Charter, Ohio. ment. and statutory provisions and place Section 2. That the Clerk of Coun- Whereas, Council has been noti- on final adoption. cil be and she is hereby directed to fied by the Division of Liquor Con- The rules were suspended. Yeas transmit two certified copies of this trol of an application for a transfer 16. Nays 0. Read second time. Read third time in full. Adopted. Yeas resolution, together with two copies of stock of a D5 and D6 Liquor Per- of a letter of objection and two 16. Nays 0. mit at 2549 St. Clair Avenue, Inc., copies of a letter requesting that the DBA Union Club, 2549 St. Clair hearing be held in Cleveland, Cuya- Res. No. 843-2019. Avenue, 1st floor and basement, hoga County. By Council Member B. Jones. Cleveland, Ohio 44114, Permit No. Section 3. That this resolution is An emergency resolution object- 9116388; and hereby declared to be an emergency ing to the transfer of ownership of Whereas, the granting of this measure and, provided it receives a C2 and C2X Liquor Permit to 1930 application for a liquor permit to the affirmative vote of two-thirds of East 79th Street, North Unit. this high crime area, which is all the members elected to Council, Whereas, Council has been noti- already saturated with other liquor it shall take effect and be in force fied by the Division of Liquor Con- outlets, is contrary to the best inter- immediately upon its adoption and trol of an application for the ests of the entire community; and approval by the Mayor; otherwise, it transfer of ownership of a C2 and Whereas, the applicant does not shall take effect and be in force C2X Liquor Permit from 79 Street qualify to be a permit holder and/or from and after the earliest period Foods, LLC, 1930 East 79th Street, has demonstrated that he has oper- allowed by law. North Unit, Cleveland, Ohio 44103, ated his liquor business in disregard Motion to suspend rules, Charter, Permit Number 7999899 to Fuel of the laws, regulations or local and statutory provisions and place Point Gas, Inc., 1930 East 79th ordinances of this state or any other on final adoption. Street, north Unit, Cleveland, Ohio state; and The rules were suspended. Yeas 44103, Permit Number 2964300; and Whereas, the place for which the 16. Nays 0. Read second time. Read Whereas, the granting of this permit is sought has not conformed third time in full. Adopted. Yeas application for a liquor permit to to the building, safety or health 16. Nays 0. this high crime area, which is requirements of the governing body already saturated with other liquor of this County or City; and Res. No. 841-2019. outlets, is contrary to the best inter- Whereas, the place for which the By Council Member Griffin. ests of the entire community; and permit is sought is so arranged or An emergency resolution with- Whereas, the applicant does not constructed that law enforcement drawing objection to a New C1 qualify to be a permit holder and/or officers or agents of the Division of has demonstrated that he has oper- Liquor Permit at 11491 Buckeye Liquor Control are prevented rea- Road and repealing Resolution No. ated his liquor business in disregard sonable access to the establishment; of the laws, regulations or local 101-18 objecting to said permit. and ordinances of this state or any other Whereas, this Council objected to Whereas, the place for which the state; and a New C1 Liquor Permit to Dolgen permit is sought is so located with Whereas, the place for which the Midwest LLC, DBA Dollar General respect to the neighborhood that it permit is sought has not conformed Store, #19255, 11491 Buckeye Road, substantially interferes with public to the building, safety or health Cleveland, Ohio 44104, Permit No. decency, sobriety, peace or good requirements of the governing body 2234815-2885 by Resolution No. 101-18 order; and of this County or City; and adopted by the Council on January Whereas, this objection is based Whereas, the place for which the 22, 2018; and on other legal grounds as set forth permit is sought is so arranged or Whereas, this Council wishes to in Revised Code Section 4303.292; constructed that law enforcement withdraw its objection to the above and officers or agents of the Division of permit and consents to said permit; Whereas, this resolution consti- Liquor Control are prevented rea- and tutes an emergency measure provid- sonable access to the establishment; Whereas, this resolution consti- ing for the immediate preservation and tutes an emergency measure provid- of the public peace, prosperity, safe- Whereas, the place for which the ing for the usual daily operation of ty and welfare pursuant to Section permit is sought is so located with a municipal department; now, there- 4303.26 of the Ohio Revised Code. respect to the neighborhood that it fore, Council’s objection to said permit substantially interferes with public Be it resolved by the Council of must be received by the Superinten- decency, sobriety, peace or good the City of Cleveland: dent of Liquor Control within 30 order; and Section 1. That objection to the days of notification; now, therefore, Whereas, this objection is based New C1 Liquor Permit to Dolgen Be it resolved by the Council of on other legal grounds as set forth Midwest LLC, DBA Dollar General the City of Cleveland: in Revised Code Section 4303.292; Store, #19255, 11491 Buckeye Road, Section 1. That Council does here- and Cleveland, Ohio 44104, Permit No. by record its objection to a transfer Whereas, this resolution consti- 2234815-2885, be and the same is of stock of a D5 and D6 Liquor Per- tutes an emergency measure provid- hereby withdrawn and Resolution mit at 2549 St. Clair Avenue, Inc., ing for the immediate preservation No. 101-18, containing such objection, DBA Union Club, 2549 St. Clair of the public peace, prosperity, safe- be and the same is hereby repealed Avenue, 1st floor and basement, ty and welfare pursuant to Section and that this Council consents to the Cleveland, Ohio 44114, Permit No. 4303.26 of the Ohio Revised Code. immediate permit thereof. 9116388, and requests the Superin- Council’s objection to said permit Section 2. That this resolution is tendent of Liquor Control to set a must be received by the Superinten- hereby declared to be an emergency hearing for said application in dent of Liquor Control within 30 measure and provided it receives the accordance with provisions of Sec- days of notification; now, therefore, affirmative vote of two-thirds of all tion 4303.26 of the Revised Code of Be it resolved by the Council of the members elected to Council, it Ohio. the City of Cleveland: 1231 60 The City Record July 31, 2019

Section 1. That Council does here- application in accordance with pro- Whereas, this resolution consti- by record its objection to the trans- visions of Section 4303.271 of the tutes an emergency measure provid- fer of ownership of a C2 and C2X Revised Code of Ohio. ing for the immediate preservation Liquor Permit from 79 Street Foods, Section 2. That the Clerk of Coun- of the public peace, prosperity, safe- LLC, 1930 East 79th Street, North cil be and she is hereby directed to ty and welfare pursuant to Section Unit, Cleveland, Ohio 44103, Permit transmit two certified copies of this 4303.26 of the Ohio Revised Code. Number 7999899 to Fuel Point Gas, resolution, together with two copies Council’s objection to said permit Inc., 1930 East 79th Street, north of a letter of objection and two must be received by the Superinten- Unit, Cleveland, Ohio 44103, Permit copies of a letter requesting that the dent of Liquor Control within 30 Number 2964300; and requests the hearing be held in Cleveland, Cuya- days of notification; now, therefore, Superintendent of Liquor Control to hoga County, and a statement by the Be it resolved by the Council of set a hearing for said application in Director of Law that, in the Direc- the City of Cleveland: accordance with provisions of Sec- tor’s opinion, that the objection is Section 1. That Council does here- tion 4303.26 of the Revised Code of based upon substantial legal by record its objection to the trans- Ohio. grounds within the meaning and fer of ownership of a C1 and C2 Section 2. That the Clerk of Coun- intent of division (A) of Section Liquor Permit from Michael M. cil be and she is hereby directed to 4303.292 of the Revised Code to the Fedorka, DBA Shines Bait & Tack- transmit two certified copies of this Superintendent of the Division of le & Beverage, 1287 East 55th Street, resolution, together with two copies Liquor Control. Cleveland, Ohio 44103, Permit Num- of a letter of objection and two Section 3. That this resolution is ber 26696060001 to Shines Bait & copies of a letter requesting that the hereby declared to be an emergency Tackle, LLC, 1287 East 55th Street, hearing be held in Cleveland, Cuya- measure and, provided it receives Cleveland, Ohio 44103, Permit No. hoga County. the affirmative vote of two-thirds of 8108056; and requests the Superin- Section 3. That this resolution is all the members elected to Council, tendent of Liquor Control to set a hereby declared to be an emergency it shall take effect and be in force hearing for said application in measure and, provided it receives immediately upon its adoption and accordance with provisions of Sec- the affirmative vote of two-thirds of approval by the Mayor; otherwise, it tion 4303.26 of the Revised Code of all the members elected to Council, shall take effect and be in force Ohio. it shall take effect and be in force from and after the earliest period Section 2. That the Clerk of Coun- immediately upon its adoption and allowed by law. cil be and she is hereby directed to approval by the Mayor; otherwise, it Motion to suspend rules, Charter, transmit two certified copies of this shall take effect and be in force and statutory provisions and place resolution, together with two copies from and after the earliest period on final adoption. of a letter of objection and two allowed by law. The rules were suspended. Yeas copies of a letter requesting that the Motion to suspend rules, Charter, 16. Nays 0. Read second time. Read hearing be held in Cleveland, Cuya- hoga County. and statutory provisions and place third time in full. Adopted. Yeas Section 3. That this resolution is on final adoption. 16. Nays 0. hereby declared to be an emergency The rules were suspended. Yeas measure and, provided it receives 16. Nays 0. Read second time. Read Res. No. 845-2019. the affirmative vote of two-thirds of third time in full. Adopted. Yeas By Council Member Hairston. all the members elected to Council, 16. Nays 0. An emergency resolution object- it shall take effect and be in force ing to the transfer of ownership of immediately upon its adoption and Res. No. 844-2019. a C1 and C2 Liquor Permit to 1287 approval by the Mayor; otherwise, it By Council Member Hairston. East 55th Street. shall take effect and be in force An emergency resolution object- Whereas, Council has been noti- from and after the earliest period ing to the renewal of a D1, D2, D3, fied by the Division of Liquor Con- allowed by law. D3A and D6 Liquor Permit at 1311 trol of an application for the Motion to suspend rules, Charter, East 49th Street, 1st floor. transfer of ownership of a C1 and and statutory provisions and place Whereas, the uniform date for C2 Liquor Permit from Michael M. on final adoption. renewal of liquor permits in the Fedorka, DBA Shines Bait & Tack- The rules were suspended. Yeas State of Ohio is October 1st; and le & Beverage, 1287 East 55th Street, 16. Nays 0. Read second time. Read Whereas, pursuant to Section Cleveland, Ohio 44103, Permit Num- third time in full. Adopted. Yeas 4303.271 of the Revised Code, the ber 26696060001 to Shines Bait & 16. Nays 0. legislative authority of a municipal Tackle, LLC, 1287 East 55th Street, corporation may object to the renew- Cleveland, Ohio 44103, Permit No. Res. No. 846-2019. al of a permit based upon legal 8108056; and By Council Member Kelley. grounds as set forth in division (A) Whereas, the granting of this An emergency resolution object- of Revised Code Section 4303.292; application for a liquor permit to ing to the renewal of a D5 Liquor and this high crime area, which is Permit at 4488 State Road, 1st floor Whereas, the applicant is unfit to already saturated with other liquor and basement. continue to engage in the liquor per- outlets, is contrary to the best inter- Whereas, the uniform date for mit business in that he has operat- ests of the entire community; and renewal of liquor permits in the ed his liquor permit business in a Whereas, the applicant does not State of Ohio is October 1st; and manner that demonstrates a disre- qualify to be a permit holder and/or Whereas, pursuant to Section gard for the laws, regulations or has demonstrated that he has oper- 4303.271 of the Revised Code, the local ordinances of the state, and ated his liquor business in disregard legislative authority of a municipal that this objection is based on other of the laws, regulations or local corporation may object to the renew- legal grounds as set forth in ordinances of this state or any other al of a permit based upon legal Revised Code Section 4303.292; and state; and grounds as set forth in division (A) Whereas, this resolution consti- Whereas, the place for which the of Revised Code Section 4303.292; tutes an emergency measure provid- permit is sought has not conformed and ing for the immediate preservation to the building, safety or health Whereas, the applicant is unfit to of the public peace, prosperity, safe- requirements of the governing body continue to engage in the liquor per- ty and welfare pursuant to Section of this County or City; and mit business in that he has operat- 4303.271 of the Ohio Revised Code, Whereas, the place for which the ed his liquor permit business in a objections to renewal of liquor per- permit is sought is so arranged or manner that demonstrates a disre- mits shall be made no later than constructed that law enforcement gard for the laws, regulations or thirty days prior to the expiration officers or agents of the Division of local ordinances of the state, and date of the permit; now, therefore, Liquor Control are prevented rea- that this objection is based on other Be it resolved by the Council of sonable access to the establishment; legal grounds as set forth in the City of Cleveland: and Revised Code Section 4303.292; and Section 1. That Council does here- Whereas, the place for which the Whereas, this resolution consti- by record its objection to the renew- permit is sought is so located with tutes an emergency measure provid- al of a D1, D2, D3, D3A and D6 respect to the neighborhood that it ing for the immediate preservation Liquor Permit, Permit No. 5988326 substantially interferes with public of the public peace, prosperity, safe- owned by Larry Miller, DBA Bull decency, sobriety, peace or good ty and welfare pursuant to Section Shooters Bar & Grill, 1311 East 49th order; and 4303.271 of the Ohio Revised Code, Street, 1st floor, Cleveland, Ohio Whereas, this objection is based objections to renewal of liquor per- 44114, and requests the Superinten- on other legal grounds as set forth mits shall be made no later than dent of the Division of Liquor Con- in Revised Code Section 4303.292; thirty days prior to the expiration trol to set a hearing for said and date of the permit; now, therefore, 1232 July 31, 2019 The City Record 61

Be it resolved by the Council of Permit No. 58708380010 owned by Motion to suspend rules, Charter, the City of Cleveland: Metro Food & Beverage, Inc., 3203 and statutory provisions and place Section 1. That Council does here- West 25th Street, Cleveland, Ohio on final adoption. by record its objection to the renew- 44109, and requests the Superinten- The rules were suspended. Yeas al of a D5 Liquor Permit, Permit No. dent of the Division of Liquor Con- 16. Nays 0. Read second time. Read 6520440-0055 owned by Ohio Restau- trol to set a hearing for said third time in full. Adopted. Yeas rant Investment Corp., 4488 State application in accordance with pro- 16. Nays 0. Road, 1st floor and basement, Cleve- visions of Section 4303.271 of the land, Ohio 44109, and requests the Revised Code of Ohio. Res. No. 849-2019. Superintendent of the Division of Section 2. That the Clerk of Coun- By Council Member Santana. Liquor Control to set a hearing for cil be and she is hereby directed to An emergency resolution with- said application in accordance with transmit two certified copies of this drawing objection to a New C1 provisions of Section 4303.271 of the resolution, together with two copies Liquor Permit at 3545 Ridge Road Revised Code of Ohio. of a letter of objection and two and repealing Resolution No. 759-18 Section 2. That the Clerk of Coun- copies of a letter requesting that the objecting to said permit. cil be and she is hereby directed to hearing be held in Cleveland, Cuya- Whereas, this Council objected to transmit two certified copies of this hoga County, and a statement by the a New C1 Liquor Permit to Dolgen resolution, together with two copies Director of Law that, in the Direc- Midwest LLC, DBA Dollar General of a letter of objection and two tor’s opinion, that the objection is Store, #19257, 3545 Ridge Road, copies of a letter requesting that the based upon substantial legal Cleveland, Ohio 44102, Permit No. hearing be held in Cleveland, Cuya- grounds within the meaning and 2234815-2760 by Resolution No. 759-18 hoga County, and a statement by the intent of division (A) of Section adopted by the Council on May 21, Director of Law that, in the Direc- 4303.292 of the Revised Code to the 2018; and tor’s opinion, that the objection is Superintendent of the Division of Whereas, this Council wishes to based upon substantial legal Liquor Control. withdraw its objection to the above grounds within the meaning and Section 3. That this resolution is permit and consents to said permit; intent of division (A) of Section hereby declared to be an emergency and 4303.292 of the Revised Code to the measure and, provided it receives Whereas, this resolution consti- Superintendent of the Division of the affirmative vote of two-thirds of tutes an emergency measure provid- Liquor Control. all the members elected to Council, ing for the usual daily operation of Section 3. That this resolution is it shall take effect and be in force a municipal department; now, there- hereby declared to be an emergency immediately upon its adoption and fore, approval by the Mayor; otherwise, it measure and, provided it receives Be it resolved by the Council of shall take effect and be in force the affirmative vote of two-thirds of the City of Cleveland: from and after the earliest period all the members elected to Council, Section 1. That objection to the allowed by law. it shall take effect and be in force New C1 Liquor Permit to Dolgen Motion to suspend rules, Charter, immediately upon its adoption and Midwest LLC, DBA Dollar General and statutory provisions and place approval by the Mayor; otherwise, it Store, #19257, 3545 Ridge Road, on final adoption. shall take effect and be in force The rules were suspended. Yeas Cleveland, Ohio 44102, Permit No. from and after the earliest period 16. Nays 0. Read second time. Read 2234815-2760, be and the same is allowed by law. third time in full. Adopted. Yeas hereby withdrawn and Resolution Motion to suspend rules, Charter, 16. Nays 0. No. 759-18, containing such objection, and statutory provisions and place be and the same is hereby repealed on final adoption. Res. No. 848-2019. and that this Council consents to the The rules were suspended. Yeas By Council Member Santana. immediate permit thereof. 16. Nays 0. Read second time. Read An emergency resolution with- Section 2. That this resolution is third time in full. Adopted. Yeas drawing objection to a New C1 hereby declared to be an emergency 16. Nays 0. Liquor Permit at 3040 Fulton Road measure and provided it receives the and repealing Resolution No. 789-18 affirmative vote of two-thirds of all Res. No. 847-2019. objecting to said permit. the members elected to Council, it By Council Member Santana. Whereas, this Council objected to shall take effect and be in force An emergency resolution object- a New C1 Liquor Permit to Dolgen immediately upon its adoption and ing to the renewal of a D1 and D2 Midwest LLC, DBA Dollar General approval by the Mayor; otherwise, it Liquor Permit at 3203 West 25th Store, #18069, 3040 Fulton Road, shall take effect and be in force Street. Cleveland, Ohio 44113, Permit No. from and after the earliest period Whereas, the uniform date for 2234815-2935 by Resolution No. 789-18 allowed by law. renewal of liquor permits in the adopted by the Council on June 4, Motion to suspend rules, Charter, State of Ohio is October 1st; and 2018; and and statutory provisions and place Whereas, pursuant to Section Whereas, this Council wishes to on final adoption. 4303.271 of the Revised Code, the withdraw its objection to the above The rules were suspended. Yeas legislative authority of a municipal permit and consents to said permit; 16. Nays 0. Read second time. Read corporation may object to the renew- and third time in full. Adopted. Yeas al of a permit based upon legal Whereas, this resolution consti- 16. Nays 0. grounds as set forth in division (A) tutes an emergency measure provid- of Revised Code Section 4303.292; ing for the usual daily operation of Res. No. 850-2019. and a municipal department; now, there- By Council Member Kazy. Whereas, the applicant is unfit to fore, An emergency resolution with- continue to engage in the liquor per- Be it resolved by the Council of drawing objection to the transfer of mit business in that he has operat- the City of Cleveland: ownership of a C1, C2 and D6 Liquor ed his liquor permit business in a Section 1. That objection to the Permit at 14120 Lorain Avenue and manner that demonstrates a disre- New C1 Liquor Permit to Dolgen repealing Resolution No. 382-2019 gard for the laws, regulations or Midwest LLC, DBA Dollar General objecting to said permit. local ordinances of the state, and Store, #18069, 3040 Fulton Road, Whereas, this Council objected to that this objection is based on other Cleveland, Ohio 44113, Permit No. a transfer of ownership of a C1, C2 legal grounds as set forth in 2234815-2935, be and the same is and D6 Liquor Permit to Lakshmi Revised Code Section 4303.292; and hereby withdrawn and Resolution Trading, LLC, DBA Ann’s Beverage, Whereas, this resolution consti- No. 789-18, containing such objection, 14120 Lorain Avenue, Cleveland, tutes an emergency measure provid- be and the same is hereby repealed Ohio 44111, Permit No. 4980688 by ing for the immediate preservation and that this Council consents to the Resolution No. 382-2019 adopted by of the public peace, prosperity, safe- immediate permit thereof. the Council on March 25, 2019; and ty and welfare pursuant to Section Section 2. That this resolution is Whereas, this Council wishes to 4303.271 of the Ohio Revised Code, hereby declared to be an emergency withdraw its objection to the above objections to renewal of liquor per- measure and provided it receives the permit and consents to said permit; mits shall be made no later than affirmative vote of two-thirds of all and thirty days prior to the expiration the members elected to Council, it Whereas, this resolution consti- date of the permit; now, therefore, shall take effect and be in force tutes an emergency measure provid- Be it resolved by the Council of immediately upon its adoption and ing for the usual daily operation of the City of Cleveland: approval by the Mayor; otherwise, it a municipal department; now, there- Section 1. That Council does here- shall take effect and be in force fore, by record its objection to the renew- from and after the earliest period Be it resolved by the Council of al of a D1 and D2 Liquor Permit, allowed by law. the City of Cleveland: 1233 62 The City Record July 31, 2019

Section 1. That objection to the Director of Law that, in the Direc- Whereas, Council has been noti- transfer of ownership of a C1, C2 tor’s opinion, that the objection is fied by the Division of Liquor Con- and D6 Liquor Permit to Lakshmi based upon substantial legal trol of an application for the TREX Trading, LLC, DBA Ann’s Beverage, grounds within the meaning and transfer of a D5 and D6 Liquor Per- 14120 Lorain Avenue, Cleveland, intent of division (A) of Section mit from 15816 Lorain LLC, DBA A Ohio 44111, Permit No. 4980688, be 4303.292 of the Revised Code to the Bar, 15609-15813 Lorain Road, 1st and the same is hereby withdrawn Superintendent of the Division of floor and basement, Cleveland, Ohio and Resolution No. 382-2019, con- Liquor Control. 44111, Permit Number 6548245 to A taining such objection, be and the Section 3. That this resolution is Bar LLC, DBA Far Mor Café, 15609- same is hereby repealed and that hereby declared to be an emergency 15813 Lorain Road, 1st floor and this Council consents to the imme- measure and, provided it receives basement, Cleveland, Ohio 44111, diate permit thereof. the affirmative vote of two-thirds of Permit Number 0000676; and Section 2. That this resolution is all the members elected to Council, Whereas, the granting of this hereby declared to be an emergency it shall take effect and be in force application for a liquor permit to measure and provided it receives the immediately upon its adoption and this high crime area, which is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it already saturated with other liquor the members elected to Council, it shall take effect and be in force outlets, is contrary to the best inter- shall take effect and be in force from and after the earliest period ests of the entire community; and immediately upon its adoption and allowed by law. Whereas, the applicant does not approval by the Mayor; otherwise, it Motion to suspend rules, Charter, qualify to be a permit holder and/or shall take effect and be in force and statutory provisions and place has demonstrated that he has oper- from and after the earliest period on final adoption. ated his liquor business in disregard allowed by law. The rules were suspended. Yeas of the laws, regulations or local Motion to suspend rules, Charter, 16. Nays 0. Read second time. Read ordinances of this state or any other and statutory provisions and place third time in full. Adopted. Yeas state; and on final adoption. 16. Nays 0. Whereas, the place for which the The rules were suspended. Yeas permit is sought has not conformed 16. Nays 0. Read second time. Read Res. No. 852-2019. to the building, safety or health third time in full. Adopted. Yeas By Council Member Kazy. requirements of the governing body 16. Nays 0. An emergency resolution with- of this County or City; and drawing objection to the transfer of Whereas, the place for which the Res. No. 851-2019. ownership of a C1, C2 and D6 Liquor permit is sought is so arranged or By Council Member Kazy. Permit at 15009 Puritas Avenue and constructed that law enforcement An emergency resolution object- repealing Resolution No. 383-2019 officers or agents of the Division of ing to the renewal of a D5 and D6 objecting to said permit. Liquor Control are prevented rea- Liquor Permit at 12524 Lorain Whereas, this Council objected to sonable access to the establishment; Avenue, 1st floor and basement. a transfer of ownership of a C1, C2 and Whereas, the uniform date for and D6 Liquor Permit to Sun150 Whereas, the place for which the renewal of liquor permits in the Corp., DBA Speedy Puritas, 15009 permit is sought is so located with State of Ohio is October 1st; and Puritas Avenue, Cleveland, Ohio respect to the neighborhood that it Whereas, pursuant to Section 44135, Permit No. 8695105 by Reso- substantially interferes with public 4303.271 of the Revised Code, the lution No. 383-2019 adopted by the decency, sobriety, peace or good legislative authority of a municipal Council on March 25, 2019; and order; and corporation may object to the renew- Whereas, this Council wishes to Whereas, this objection is based al of a permit based upon legal withdraw its objection to the above on other legal grounds as set forth grounds as set forth in division (A) permit and consents to said permit; in Revised Code Section 4303.292; of Revised Code Section 4303.292; and and and Whereas, this resolution consti- Whereas, this resolution consti- Whereas, the applicant is unfit to tutes an emergency measure provid- tutes an emergency measure provid- continue to engage in the liquor per- ing for the usual daily operation of ing for the immediate preservation mit business in that he has operat- a municipal department; now, thereof the public peace, prosperity, safe- ed his liquor permit business in a fore, ty and welfare pursuant to Section manner that demonstrates a disre- Be it resolved by the Council of 4303.26 of the Ohio Revised Code. gard for the laws, regulations or the City of Cleveland: Council’s objection to said permit local ordinances of the state, and Section 1. That objection to the must be received by the Superinten- that this objection is based on other transfer of ownership of a C1, C2 dent of Liquor Control within 30 legal grounds as set forth in and D6 Liquor Permit to Sun150 days of notification; now, therefore, Revised Code Section 4303.292; and Corp., DBA Speedy Puritas, 15009 Be it resolved by the Council of Whereas, this resolution consti- Puritas Avenue, Cleveland, Ohio the City of Cleveland: tutes an emergency measure provid- 44135, Permit No. 8695105, be and the Section 1. That Council does here- ing for the immediate preservation same is hereby withdrawn and Res- by record its objection to the TREX of the public peace, prosperity, safe- olution No. 383-2019, containing such transfer of a D5 and D6 Liquor Per- ty and welfare pursuant to Section objection, be and the same is here- mit from 15816 Lorain LLC, DBA A 4303.271 of the Ohio Revised Code, by repealed and that this Council Bar, 15609-15813 Lorain Road, 1st objections to renewal of liquor per- consents to the immediate permit floor and basement, Cleveland, Ohio mits shall be made no later than thereof. 44111, Permit Number 6548245 to A thirty days prior to the expiration Section 2. That this resolution is Bar LLC, DBA Far Mor Café, 15609- date of the permit; now, therefore, hereby declared to be an emergency 15813 Lorain Road, 1st floor and Be it resolved by the Council of measure and provided it receives the basement, Cleveland, Ohio 44111, the City of Cleveland: affirmative vote of two-thirds of all Permit Number 0000676; and Section 1. That Council does here- the members elected to Council, it requests the Superintendent of by record its objection to the renew- shall take effect and be in force Liquor Control to set a hearing for al of a D5 and D6 Liquor Permit, immediately upon its adoption and said application in accordance with Permit No. 5546767 owned by Marmel approval by the Mayor; otherwise, it provisions of Section 4303.26 of the Pub, LLC, DBA M & M’s Saloon, shall take effect and be in force Revised Code of Ohio. 12524 Lorain Avenue, 1st floor and from and after the earliest period Section 2. That the Clerk of Coun- basement, Cleveland, Ohio 44111, and allowed by law. cil be and she is hereby directed to requests the Superintendent of the Motion to suspend rules, Charter, transmit two certified copies of this Division of Liquor Control to set a and statutory provisions and place resolution, together with two copies hearing for said application in on final adoption. of a letter of objection and two accordance with provisions of Sec- The rules were suspended. Yeas copies of a letter requesting that the tion 4303.271 of the Revised Code of 16. Nays 0. Read second time. Read hearing be held in Cleveland, Cuya- Ohio. third time in full. Adopted. Yeas hoga County. Section 2. That the Clerk of Coun- 16. Nays 0. Section 3. That this resolution is cil be and she is hereby directed to hereby declared to be an emergency transmit two certified copies of this Res. No. 853-2019. measure and, provided it receives resolution, together with two copies By Council Member Keane. the affirmative vote of two-thirds of of a letter of objection and two An emergency resolution object- all the members elected to Council, copies of a letter requesting that the ing to the TREX transfer of a D5 it shall take effect and be in force hearing be held in Cleveland, Cuya- and D6 Liquor Permit to 15609-15813 immediately upon its adoption and hoga County, and a statement by the Lorain Road. approval by the Mayor; otherwise, it 1234 July 31, 2019 The City Record 63 shall take effect and be in force The rules were suspended. Yeas SECOND READING EMERGENCY from and after the earliest period 16. Nays 0. Read second time. Read ORDINANCES PASSED allowed by law. third time in full. Adopted. Yeas Motion to suspend rules, Charter, 16. Nays 0. Ord. No. 512-2019. and statutory provisions and place By Council Members B. Jones, on final adoption. Res. No. 898-2019. Johnson, Brancatelli and Kelley (by The rules were suspended. Yeas By Council Member Bishop. departmental request). 16. Nays 0. Read second time. Read An emergency resolution object- An emergency ordinance authoriz- third time in full. Adopted. Yeas ing to the renewal of a D2, D2X, D3 ing the Commissioner of Purchases 16. Nays 0. and D3A Liquor Permit at 4005-07 and Supplies to sell City-owned prop- East 131st Street and patio. erty no longer needed for public use Res. No. 897-2019. Whereas, the uniform date for located at the northeast corner of By Council Member Bishop. renewal of liquor permits in the East 93rd Street and Chester Avenue An emergency resolution object- State of Ohio is October 1st; and to The Cleveland Clinic Foundation ing to the renewal of a C2 and C2X Whereas, pursuant to Section for purposes of constructing a den- Liquor Permit at 4025 East 131st 4303.271 of the Revised Code, the tal clinic. Street. legislative authority of a municipal Approved by Directors of Capital Whereas, the uniform date for corporation may object to the renew- Projects, City Planning Commission, renewal of liquor permits in the al of a permit based upon legal Finance, Law; Passage recommend- State of Ohio is October 1st; and grounds as set forth in division (A) ed by Committees on Municipal Ser- Whereas, pursuant to Section of Revised Code Section 4303.292; vices and Properties, Development 4303.271 of the Revised Code, the and Planning and Sustainability, legislative authority of a municipal Whereas, the applicant is unfit to Finance, when amended, as follows: corporation may object to the renew- continue to engage in the liquor per- 1. In the title, line 6, and in the al of a permit based upon legal mit business in that he has operat- first whereas clause, line 2, after grounds as set forth in division (A) ed his liquor permit business in a “Foundation” insert “, or its of Revised Code Section 4303.292; manner that demonstrates a disre- designee” in both places and gard for the laws, regulations or Amendment agreed to. Whereas, the applicant is unfit to local ordinances of the state, and The rules were suspended. Yeas continue to engage in the liquor per- that this objection is based on other 16. Nays 0. Read second time. Read mit business in that he has operat- legal grounds as set forth in third time in full. Passed. Yeas 16. ed his liquor permit business in a Revised Code Section 4303.292; and Nays 0. In compliance with Section 33 of manner that demonstrates a disre- Whereas, this resolution consti- gard for the laws, regulations or the Charter a copy of the legislation tutes an emergency measure provid- local ordinances of the state, and was furnished to each member of ing for the immediate preservation that this objection is based on other Council before final passage. of the public peace, prosperity, safe- legal grounds as set forth in Revised Code Section 4303.292; and ty and welfare pursuant to Section Ord. No. 637-2019. Whereas, this resolution consti- 4303.271 of the Ohio Revised Code, By Council Members Johnson and tutes an emergency measure provid- objections to renewal of liquor per- Kelley (by departmental request). ing for the immediate preservation mits shall be made no later than An emergency ordinance deter- of the public peace, prosperity, safe- thirty days prior to the expiration mining the method of making the ty and welfare pursuant to Section date of the permit; now, therefore, public improvement of constructing, 4303.271 of the Ohio Revised Code, Be it resolved by the Council of rehabilitating, renovating, replacing objections to renewal of liquor per- the City of Cleveland: or otherwise improving public facil- mits shall be made no later than Section 1. That Council does here- ities, buildings, and other similar thirty days prior to the expiration by record its objection to the renew- structures, including site improve- date of the permit; now, therefore, al of a D2, D2X, D3 and D3A Liquor ments and appurtenances; and Be it resolved by the Council of Permit, Permit No. 4685380 owned by authorizing the Director of Public the City of Cleveland: Kitt, LLC, 4005-07 East 131st Street Works or Capital Projects, as appro- Section 1. That Council does here- and patio, Cleveland, Ohio 44105, and priate, to enter into one or more pub- by record its objection to the renew- requests the Superintendent of the lic improvement contracts for the al of a C2 and C2X Liquor Permit, Division of Liquor Control to set a making of the improvement; enter Permit No. 8429701 owned by Speedy hearing for said application in into one or more professional ser- Harvard, LLC, 4025 East 131st accordance with provisions of Sec- vices and other contracts needed to Street, Cleveland, Ohio 44105, and tion 4303.271 of the Revised Code of implement the improvement; to requests the Superintendent of the Ohio. apply for and accept grants and Division of Liquor Control to set a Section 2. That the Clerk of Coun- gifts; and authorizing the direct hearing for said application in cil be and she is hereby directed to employment of the necessary labor, accordance with provisions of Sec- transmit two certified copies of this for the Department of Public Works tion 4303.271 of the Revised Code of resolution, together with two copies and Office of Capital Projects. Ohio. of a letter of objection and two Approved by Directors of Capital Projects, Public Works, Finance, Section 2. That the Clerk of Coun- copies of a letter requesting that the Law; Passage recommended by Com- cil be and she is hereby directed to hearing be held in Cleveland, Cuya- transmit two certified copies of this mittees on Municipal Services and hoga County, and a statement by the resolution, together with two copies Properties, Finance. Director of Law that, in the Direc- of a letter of objection and two The rules were suspended. Yeas tor’s opinion, that the objection is copies of a letter requesting that the 16. Nays 0. Read second time. Read hearing be held in Cleveland, Cuya- based upon substantial legal third time in full. Passed. Yeas 16. hoga County, and a statement by the grounds within the meaning and Nays 0. Director of Law that, in the Direc- intent of division (A) of Section tor’s opinion, that the objection is 4303.292 of the Revised Code to the Ord. No. 638-2019. based upon substantial legal Superintendent of the Division of By Council Members Johnson and grounds within the meaning and Liquor Control. Kelley (by departmental request). intent of division (A) of Section Section 3. That this resolution is An emergency ordinance deter- 4303.292 of the Revised Code to the hereby declared to be an emergency mining the method of making the Superintendent of the Division of measure and, provided it receives public improvement of constructing, Liquor Control. the affirmative vote of two-thirds of rehabilitating, renovating, replacing Section 3. That this resolution is all the members elected to Council, or otherwise improving recreation hereby declared to be an emergency it shall take effect and be in force facilities, ancillary recreation build- measure and, provided it receives immediately upon its adoption and ings, and other similar structures, the affirmative vote of two-thirds of approval by the Mayor; otherwise, it on City-owned and City-leased park all the members elected to Council, shall take effect and be in force property, including site improve- it shall take effect and be in force from and after the earliest period ments and appurtenances; authoriz- immediately upon its adoption and allowed by law. ing the Director of Public Works or approval by the Mayor; otherwise, it Motion to suspend rules, Charter, Capital Projects, as appropriate; shall take effect and be in force and statutory provisions and place enter into one or more public from and after the earliest period on final adoption. improvement contracts for the mak- allowed by law. The rules were suspended. Yeas ing of the improvement; enter into Motion to suspend rules, Charter, 16. Nays 0. Read second time. Read one or more professional services and statutory provisions and place third time in full. Adopted. Yeas and other contracts needed to imple- on final adoption. 16. Nays 0. ment the improvement; to apply for 1235 64 The City Record July 31, 2019 and accept grants and gifts; and The rules were suspended. Yeas Ord. No. 706-2019. authorizing the direct employment 16. Nays 0. Read second time. Read By Council Members B. Jones, of the necessary labor, for the third time in full. Passed. Yeas 16. Johnson, Brancatelli and Kelley (by Department of Public Works and Nays 0. departmental request). Office of Capital Projects. An emergency ordinance to vacate Approved by Directors of Capital Ord. No. 699-2019. a portion of East 89th Street. Projects, Public Works, Finance, By Council Members Polensek, Approved by Directors of Capital Law; Passage recommended by Com- Johnson, Brancatelli and Kelley (by Projects, City Planning Commission, mittees on Municipal Services and departmental request). Finance, Law; Passage recommend- Properties, Finance. An emergency ordinance authorized by Committees on Municipal Ser- The rules were suspended. Yeas ing the Director of Capital Projects vices and Properties, Development 16. Nays 0. Read second time. Read to enter into an agreement or agree- Planning and Sustainability, third time in full. Passed. Yeas 16. ments with the City of Euclid for Finance. Nays 0. the City of Euclid to design and The rules were suspended. Yeas make the public improvement of 16. Nays 0. Read second time. Read Ord. No. 679-2019. rehabilitating East 185th Street from third time in full. Passed. Yeas 16. By Council Members Cleveland Pawnee Avenue to Lake Erie; to Nays 0. and Kelley (by departmental apply for and accept any gifts or request). grants for this purpose from any Ord. No. 707-2019. An emergency ordinance authoriz- public or private entity; authorizing By Council Members McCormack, ing the Director of Port Control to and any other relative agreements, Johnson, Brancatelli and Kelley (by enter into one or more requirement authorizing the acquisition of any departmental request). contracts without competitive bid- real property and easements neces- An emergency ordinance to vacate ding with Johnson Controls, Inc. for sary to make the improvement; and a portion of Freeman Avenue S.W. labor and materials needed to main- cause payment for the City’s share. Approved by Directors of Capital tain, repair, and expand the fire Approved by Directors of Capital Projects, City Planning Commission, alarm and suppression systems, Projects, City Planning Commission, Finance, Law; Passage recommend- including any parts, materials, Finance, Law; Passage recommended by Committees on Municipal Ser- equipment, supplies, services, and ed by Committees on Municipal Ser- vices and Properties, Development installation, for the various divi- vices and Properties, Development Planning and Sustainability, sions of the Department of Port Con- Planning and Sustainability, when Finance. trol, for a period of two years, with amended, as follows: The rules were suspended. Yeas two one-year options to renew, the 1. In Section 15, line 1, strike “20 16. Nays 0. Read second time. Read first of which is exercisable with SF”; strike line 2 in its entirety and third time in full. Passed. Yeas 16. insert “20 SF 568, 20”. additional legislative authority. Nays 0. Approved by Directors of Port Amendment agreed to. The rules were suspended. Yeas Control, Finance, Law; Passage rec- Ord. No. 708-2019. 16. Nays 0. Read second time. Read ommended by Committees on Trans- By Council Members Keane, John- third time in full. Passed. Yeas 16. portation, Finance. son, Brancatelli and Kelley (by Nays 0. The rules were suspended. Yeas departmental request). In compliance with Section 33 of 16. Nays 0. Read second time. Read An emergency ordinance to vacate the Charter a copy of the legislation third time in full. Passed. Yeas 16. was furnished to each member of a portion of Maplewood Avenue. Nays 0. Council before final passage. Approved by Directors of Capital Projects, City Planning Commission, Ord. No. 680-2019. Ord. No. 701-2019. Finance, Law; Passage recommend- By Council Members Cleveland By Council Members McCormack, ed by Committees on Municipal Ser- and Kelley (by departmental Johnson and Brancatelli (by depart- vices and Properties, Development request). mental request). Planning and Sustainability, An emergency ordinance authoriz- An emergency ordinance authoriz- Finance, when amended, as follows: ing the Director of Port Control to ing the Director of Capital Projects 1. Insert new Section 5 to read as enter into one or more requirement to issue a permit to K & D Real- follows: contracts without competitive bid- Estate Services, LLC, to encroach “Section 5. That Director of Port ding with Wadsworth Solutions for into the public right-of-way of 1500 Control is authorized to accept all labor and materials needed to main- West 3rd Street by installing, using, or a portion of the vacated roadway tain, repair, and expand the inte- and maintaining an awning and 2 from the adjacent property owners grated access control security and sculptures with pedestal founda- in fee simple or by way of a stan- CCTV systems, including any parts, tions. dard highway easement and is materials, equipment, supplies, ser- Approved by Directors of Capital authorized to encumber the vacated vices, and installation, for the vari- Projects, City Planning Commission, roadway with a standard highway ous divisions of the Department of Finance, Law; Passage recommend- easement to memorialize mainte- Port Control, for a period of two ed by Committees on Municipal Ser- nance and access for the adjacent years, with two one-year options to vices and Properties, Development property owners.”. renew, the first of which is exercis- Planning and Sustainability. 2. Renumber existing Section 5 to able with additional legislative The rules were suspended. Yeas new “Section 6”. authority. 16. Nays 0. Read second time. Read Amendments agreed to. Approved by Directors of Port third time in full. Passed. Yeas 16. The rules were suspended. Yeas Control, Finance, Law; Passage rec- Nays 0. 16. Nays 0. Read second time. Read ommended by Committees on Trans- third time in full. Passed. Yeas 16. portation, Finance. Ord. No. 702-2019. Nays 0. The rules were suspended. Yeas By Council Members Kelley, John- In compliance with Section 33 of 16. Nays 0. Read second time. Read son and Brancatelli (by departmen- the Charter a copy of the legislation third time in full. Passed. Yeas 16. tal request). was furnished to each member of Nays 0. An emergency ordinance authoriz- Council before final passage. ing the Director of Capital Projects Ord. No. 698-2019. to issue a permit to the State of Ord. No. 709-2019. By Council Member McCormack. Ohio, through the Department of By Council Members Polensek, An emergency ordinance authoriz- Natural Resources, Division of Johnson, Brancatelli and Kelley (by ing the acquisition and recording of Wildlife, to encroach into the public departmental request). certain easement interests from the right-of-way of Fulton Road by An emergency ordinance to vacate Cuyahoga County Department of installing, using, and maintaining a a portion of Utopia Avenue N.E. Public Works that encroach into peregrine falcon nest tray. Approved by Directors of Capital existing County public improve- Approved by Directors of Capital Projects, City Planning Commission, ments on Vermont Avenue, West Projects, City Planning Commission, Finance, Law; Passage recommend- 25th Street, and Detroit Avenue, for Finance, Law; Passage recommended by Committees on Municipal Ser- the Office of Capital Projects. ed by Committees on Municipal Ser- vices and Properties, Development Approved by Directors of Capital vices and Properties, Development Planning and Sustainability, Projects, City Planning Commission, Planning and Sustainability. Finance. Finance, Law; Passage recommend- The rules were suspended. Yeas The rules were suspended. Yeas ed by Committees on Municipal Ser- 16. Nays 0. Read second time. Read 16. Nays 0. Read second time. Read vices and Properties, Development third time in full. Passed. Yeas 16. third time in full. Passed. Yeas 16. Planning and Sustainability. Nays 0. Nays 0. 1236 July 31, 2019 The City Record 65

Ord. No. 710-2019. Council, or its designee, to provide agreement with the Greater Cleve- By Council Members B. Jones, economic development assistance to land Media Development Corpora- Cleveland, Brancatelli and Kelley provide partial funding of the Capi- tion dba Greater Cleveland Film (by departmental request). tal Access Fund of Greater Cleve- Commission, or its designee, to An emergency ordinance authoriz- land. assist with the general operating ing the Director of City Planning to Approved by Directors of Eco- expenses of the organization. apply for and accept a grant from nomic Development, Finance, Law; Approved by Directors of Eco- the Ohio History Connection State Passage recommended by Commit- nomic Development, Finance, Law; Historic Preservation Office/ Ohio tees on Development Planning and Passage recommended by Commit- Development Services Agency to Sustainability, Finance. tees on Development Planning and prepare a National Register of His- The rules were suspended. Yeas Sustainability, Finance. toric Places Nomination to recognize 16. Nays 0. Read second time. Read The rules were suspended. Yeas and preserve the Midtown Historic third time in full. Passed. Yeas 16. 16. Nays 0. Read second time. Read District and to promote economic Nays 0. third time in full. Passed. Yeas 16. development through Historic Tax Nays 0. Credits; and authorizing the director Ord. No. 715-2019. to enter into one or more contracts By Council Members Brancatelli Ord. No. 718-2019. for professional consultants to and Kelley (by departmental By Council Members Brancatelli implement this ordinance. request). and Kelley (by departmental An emergency ordinance authoriz- Approved by Directors of City request). Planning Commission, Finance, ing the Director of Economic Devel- An emergency ordinance authoriz- Law; Passage recommended by Com- opment to apply for and accept ing the Director of Economic Devel- mittees on Development Planning grants from CoBank and Farm Cred- opment to enter into a grant and Sustainability, Finance. it Mid-America, and/or their agreement with The Greater Cleve- The rules were suspended. Yeas designees, for the Gardening for land Sports Commission, or its 16. Nays 0. Read second time. Read Greenbacks Program; and authoriz- third time in full. Passed. Yeas 16. ing the Director to enter into one or designee, to provide financial assis- Nays 0. more contracts with small business- tance to organize and administer es, merchants, or local farmers to programs for marketing the City of Ord. No. 712-2019. implement the grant. Cleveland as a venue for sporting By Council Members Brancatelli Approved by Directors of Eco- events and to actively market the and Kelley (by departmental nomic Development, Finance, Law; Public Auditorium as a premier site request). Passage recommended by Commit- for the hosting of major events. An emergency ordinance authoriz- tees on Development Planning and Approved by Directors of Eco- ing the Mayor and the Commission- Sustainability, Finance. nomic Development, Finance, Law; er of Purchases and Supplies to The rules were suspended. Yeas Passage recommended by Commit- acquire and re-convey properties 16. Nays 0. Read second time. Read tees on Development Planning and presently owned by Jennings Free- third time in full. Passed. Yeas 16. Sustainability, Finance. way Industrial Park, an Ohio gen- Nays 0. The rules were suspended. Yeas eral partnership, or its designee, 16. Nays 0. Read second time. Read located at 4781 Hinckley Industrial Ord. No. 716-2019. third time in full. Passed. Yeas 16. Parkway for the purpose of enter- By Council Members Brancatelli Nays 0. ing into the chain-of-title prior to and Kelley (by departmental the adoption of tax increment request). Ord. No. 719-2019. financing legislation authorized An emergency ordinance authoriz- By Council Members Griffin and under Section 5709.41 of the Revised ing the Director of Economic Devel- Kelley (by departmental request). Code. opment to enter into a grant An emergency ordinance authoriz- Approved by Directors of Eco- agreement with Hebrew Free Loan ing the Director of Public Health to nomic Development, City Planning Association, or its designee, to par- apply for and accept a grant from Commission, Finance, Law; Passage tially finance the creation of their the Ohio Department of Health for recommended by Committees on Start-Up Working Capital Fund the Cities Readiness Initiative Pro- Development Planning and Sustain- Pilot Program which will adminis- gram. ability, Finance. ter working capital financing loans Approved by Directors of Public The rules were suspended. Yeas to eligible small businesses located Health, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read in/or will be located in the City of ommended by Committees on Health third time in full. Passed. Yeas 16. Cleveland in conjunction with the and Human Services, Finance. Nays 0. Neighborhood Retail Assistance Pro- The rules were suspended. Yeas gram and/or the Municipal Small 16. Nays 0. Read second time. Read Ord. No. 713-2019. business Initiative Program. third time in full. Passed. Yeas 16. By Council Members Brancatelli Approved by Directors of Eco- Nays 0. and Kelley (by departmental nomic Development, Finance, Law; request). Passage recommended by Commit- Ord. No. 720-2019. An emergency ordinance authoriz- tees on Development Planning and By Council Members Griffin and ing the Director of Economic Devel- Sustainability, Finance, when Kelley (by departmental request). opment to enter into a forgivable amended, as follows: An emergency ordinance authoriz- loan agreement with Jennings Free- 1. In Section 1, line 2, after “grant ing the Director of Public Health to way Industrial Park, an Ohio gen- agreement” insert “in the amount apply for and accept a grant from eral partnership or its designee, to not to exceed $75,000”; and at the the Cuyahoga County Board of provide economic development assis- end of Section 1, add the following Health for the Public Health Emer- tance to partially finance the devel- sentence: “In addition, Hebrew Free gency Preparedness Grant Program. opment of a build-to-suit facility at Loan Association, or its designee, Approved by Directors of Public the Strike Force Project site located may use up to $3,500 from the grant Health, Finance, Law; Passage rec- at 4781 Hinckley Industrial Park- funds for its administrative costs ommended by Committees on Health way, and other associated costs nec- associated with the Start-Up Work- and Human Services, Finance. essary to redevelop the property. ing Capital Fund Pilot Program.”. The rules were suspended. Yeas Approved by Directors of Eco- 2. In Section 4, line 1, after “That 16. Nays 0. Read second time. Read nomic Development, City Planning the” insert “aggregate”. third time in full. Passed. Yeas 16. Commission, Finance, Law; Passage Amendments agreed to. Nays 0. recommended by Committees on The rules were suspended. Yeas Development Planning and Sustain- 16. Nays 0. Read second time. Read ability, Finance. third time in full. Passed. Yeas 16. Ord. No. 721-2019. The rules were suspended. Yeas Nays 0. By Council Members Griffin and 16. Nays 0. Read second time. Read In compliance with Section 33 of Kelley (by departmental request). third time in full. Passed. Yeas 16. the Charter a copy of the legislation An emergency ordinance authoriz- Nays 0. was furnished to each member of ing the Director of Public Health to Council before final passage. enter into one or more contracts Ord. No. 714-2019. without competitive bidding with By Council Members Brancatelli Ord. No. 717-2019. the Center for Disease Detection, and Kelley (by departmental By Council Members Brancatelli LLC for the purchase of lab services request). and Kelley (by departmental for reproductive health clinics that An emergency ordinance authoriz- request). are needed under the Title X grant, ing the Director of Economic Devel- An emergency ordinance authoriz- for the Division of Health, Depart- opment to enter into an agreement ing the Director of Economic Devel- ment of Public Health, for a period with the National Development opment to enter into a grant of one year. 1237 66 The City Record July 31, 2019

Approved by Directors of Public The rules were suspended. Yeas Ord. No. 728-2019. Health, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read By Council Member Kelley (by ommended by Committees on Health third time in full. Passed. Yeas 16. departmental request). and Human Services, Finance. Nays 0. An emergency ordinance authoriz- The rules were suspended. Yeas ing the Director of Finance, on 16. Nays 0. Read second time. Read Ord. No. 725-2019. behalf of the Cleveland Municipal third time in full. Passed. Yeas 16. By Council Members Johnson, Court, to lease property at 1449 West Nays 0. Brancatelli and Kelley (by depart- 117th Street from Montlack Realty, mental request). Co., or its designees, for the purpose Ord. No. 722-2019. An emergency ordinance authoriz- of providing office space for the By Council Members Keane and ing the Director of Public Works to Adult Probation Department of the Kelley (by departmental request). enter into one or more agreements Cleveland Municipal Court, for a An emergency ordinance authoriz- with West Creek Conservancy, or its term of one year, with one option to ing the Director of Public Utilities designee, regarding the Mill Creek renew, exercisable by the Director to enter into one or more agree- stream restoration project at Cleve- of Finance, on behalf of the Cleve- ments with Cleveland Thermal, a land Enterprise Park in the Village land Municipal Court. division of the Corix Group of Com- of Highland Hills; and authorizing Approved by Directors of City panies, or its contractor, to replace the Director to execute a deed of Planning Commission, Finance, a water distribution main in East conservation easement and two Law; Passage recommended by Com- 6th Street between Lakeside Avenue deeds of temporary easement grant- mittee on Finance. and Rockwell Avenue; and to reim- ing to West Creek Conservancy, or The rules were suspended. Yeas burse Cleveland Thermal for the its designee, certain easement rights 16. Nays 0. Read second time. Read City’s share of the improvement. in property at the project location; third time in full. Passed. Yeas 16. Approved by Directors of Public and declaring the easement rights Nays 0. Utilities, Finance, Law; Passage rec- not needed for the City’s public use. ommended by Committees on Utili- Approved by Directors of Public Ord. No. 746-2019. ties, Finance, when amended, as By Council Member Zone. Works, Finance, Law; Passage rec- follows: An emergency ordinance to amend ommended by Committees on Munic- 1. In the title, lines 3, 4, and 5; and the title and Section 1 of Ordinance ipal Services and Properties, in the first whereas clause, line 1, No. 999-14, passed August 20, 2014; Development Planning and Sustain- strike “Cleveland Thermal, a divi- and to supplement the ordinance by ability, Finance. sion of the Corix Group of Compa- adding new Sections 4a., 4b., 4c., and The rules were suspended. Yeas nies” and insert “Corix Utilities 4d., to add the sale of property, (Cleveland) Inc. dba Cleveland 16. Nays 0. Read second time. Read relating to the public improvement Thermal” in both places. third time in full. Passed. Yeas 16. of reconstructing West 73rd Street. Amendment agreed to. Nays 0. Approved by Directors of Capital The rules were suspended. Yeas Projects, City Planning Commission, 16. Nays 0. Read second time. Read Ord. No. 726-2019. Finance, Law; Passage recommend- third time in full. Passed. Yeas 16. By Council Members Johnson and ed by Committees on Municipal Ser- Nays 0. Kelley (by departmental request). vices and Properties, Development In compliance with Section 33 of An emergency ordinance authoriz- Planning and Sustainability, the Charter a copy of the legislation ing the purchase by one or more Finance. was furnished to each member of standard and requirement contracts The rules were suspended. Yeas Council before final passage. for the purchase, lease, or lease 16. Nays 0. Read second time. Read with option to purchase, of various third time in full. Passed. Yeas 16. Ord. No. 723-2019. on-road vehicles and off-road equip- Nays 0. By Council Members Keane and ment, apparatus, cabs, bodies, and Kelley (by departmental request). accessories, equipment and other Ord. No. 747-2019. An emergency ordinance deter- aftermarket items necessary to By Council Members Griffin, Kel- mining the method of making the equip the vehicles authorized for ley, McCormack and Mayor Jackson. public improvement of tearing down their intended purposes, including An emergency ordinance to repeal and removing the radio tower and vehicle rehabilitation, training, and various sections of Chapters 365 and associated buildings on the Tree inspections, as needed, for the vari- 240 of the Codified Ordinances of Farm Property in Brecksville, and ous divisions of City government. Cleveland Ohio, 1976 as amended by removing shelters at two other radio Approved by Directors of Public various ordinances and to supple- tower locations and restoring land Works, Finance, Law; Passage rec- ment the Codified Ordinances by in all locations; authorizing the ommended by Committees on Munic- enacting new Sections 365.01 Director of Public Utilities to enter ipal Services and Properties, through 365.09, 240.01, 240.08, and into one or more public improvement Finance. 240.09, and by amending Sections contracts for the making of the The rules were suspended. Yeas 240.03, 240.05, 240.06, 240.07, 367.12, improvement; authorizing profes- 16. Nays 0. Read second time. Read 367.99, 371.01, 375.08, and 3107.06, as sional services to design; and autho- amended by various ordinances, third time in full. Passed. Yeas 16. rizing the purchase by one or more related to rental registration, cer- Nays 0. contracts of labor and materials nec- tain residential rental units required essary to implement this ordinance, to be certified lead-safe, lead haz- Ord. No. 727-2019. for the Department of Public Utili- ards and lead poisoning prevention. By Council Members Johnson and ties. Approved by Directors of Public Kelley (by departmental request). Approved by Directors of Public Health, Building and Housing, Com- An emergency ordinance authoriz- Utilities, City Planning Commission, munity Development, Finance, Law; Finance, Law; Passage recommend- ing the purchase by one or more Passage recommended by Commit- ed by Committees on Utilities, standard and requirement contracts tees on Health and Human Services, Finance. for the purchase, lease, or lease Development Planning and Sustain- The rules were suspended. Yeas with option to purchase, of various ability, Finance, when amended, as 16. Nays 0. Read second time. Read on-road vehicles and off-road equip- follows: third time in full. Passed. Yeas 16. ment, apparatus, cabs, bodies, and 1. In the title, line 6, strike Nays 0. accessories, equipment and other “365.09” and insert “365.10”. aftermarket items necessary to 2. In Section 2, line 2, after “365.09” Ord. No. 724-2019. equip the vehicles authorized for insert “365.10,”. By Council Members Keane and their intended purposes, including 3. In Section 2, at amended Section Kelley (by departmental request). vehicle rehabilitation, training, and 365.04, insert new divisions (d), (e) An emergency ordinance authoriz- inspections, as needed, for the Direc- and (f) to read as follows: ing the purchase by one or more tor of Public Works. “(d) An owner of a residential requirement contracts of hauling Approved by Directors of Public rental unit is not required to obtain and disposal of water treatment Works, Finance, Law; Passage rec- a lead-safe certification so long as plant residuals, for the Division of ommended by Committees on Munic- the unit is unoccupied and the Water, Department of Public Utili- ipal Services and Properties, owner does not receive rent or any- ties, for a period of two years. Finance. thing else of value for the unit. The Approved by Directors of Public The rules were suspended. Yeas owner shall file an affidavit, in the Utilities, Finance, Law; Passage rec- 16. Nays 0. Read second time. Read form prescribed by the Director, that ommended by Committees on Utili- third time in full. Passed. Yeas 16. the unit is unoccupied and that the ties, Finance. Nays 0. owner does not receive rent or any- 1238 July 31, 2019 The City Record 67 thing else of value for the unit, was furnished to each member of 2. In the seventh Whereas clause, which affidavit shall be filed annu- Council before final passage. at the end, insert “by resolution ally so long as the unit remains Those voting yea: Council Mem- 49/214 of December 23, 1994, the unoccupied and the owner does not bers Bishop, Brady, Cleveland, Con- United Nations General Assembly receive rent or anything else of well, Griffin, Hairston, B. Jones, decided that the international Day value for the unit. Johnson, Kazy, Keane, Kelley, of the World’s Indigenous Peoples (e) Affirmative Defense. It is an McCormack, Polensek, Santana, and shall be observed on August 9th affirmative defense to a charge for Zone. every year; and”. a violation of this section that the Those voting nay: Council Member 3. Strike the eighth Whereas rental unit is unoccupied and the Brancatelli. clause in its entirety. owner of the rental unit does not Absent: Council Member J. Jones. Amendments agreed to. receive rent or anything else of The rules were suspended. Yeas value for the unit. Ord. No. 749-2019. 16. Nays 0. Read second time. Read (f) Conflict of Interest. Any By Council Members Keane and third time in full. Adopted. Yeas 16. clearance technician, lead risk Kelley (by departmental request). Nays 0. assessor or lead inspector who per- An emergency ordinance authoriz- In compliance with Section 33 of forms a clearance examination or ing the Director of Public Utilities the Charter a copy of the legislation lead risk assessment for purposes of to enter into one or more contracts was furnished to each member of this section shall not be: with Landmark Lakeshore, LLC, or Council before final adoption. (1) the owner or an immediate its designee, to accept the sanitary Res. No. 669-2019. family member, agent or employee flow from the Shoreline Apartments By Council Members McCormack, of the owner; on North Marginal Road into the Johnson and Brancatelli (by depart- (2) part of a company or associ- City’s 8” Force Main on East 55th mental request). ated with a company that is direct- Street, and to charge a connection An emergency resolution declar- ly or beneficially owned, controlled fee and fees for future maintenance ing the intent to vacate a portion of or managed by the owner, or by an on the Force Main; and to enter into West 28th Place. immediate family member, agent or similar agreements with the owners Approved by Directors of Capital employee of the owner; of properties adjoining the Land- Projects, City Planning Commission, (3) a person hired by or under mark Lakeshore, LLC property; and Finance, Law; Adoption recommend- contract with the owner to manage to create a fund for connection and ed by Committees on Municipal Ser- or maintain the owner’s residential maintenance fees. vices and Properties, Development rental unit or units as directed by Approved by Directors of Public Planning and Sustainability. the owner; Utilities, Finance, Law; Passage rec- The rules were suspended. Yeas (4) a person who has been autho- ommended by Committees on Utili- 16. Nays 0. Read second time. Read rized by the owner to manage or ties, Finance. third time in full. Adopted. Yeas 16. maintain the owner’s residential The rules were suspended. Yeas Nays 0. rental unit or units on the owner’s 16. Nays 0. Read second time. Read behalf; or third time in full. Passed. Yeas 16. Res. No. 704-2019. (5) a person who has a financial Nays 0. By Council Member McCormack. interest in the laboratory results of An emergency resolution declar- dust sampling or testing, or in the SECOND READING ing the intent to vacate a portion of determination of whether lead haz- ORDINANCE PASSED the Detroit Superior Viaduct and a ards are identified in the owner’s portion of Detroit Avenue; and to residential rental unit or units. Ord. No. 648-2019. repeal Resolution 1130-18, adopted For purposes of this division By Council Member Hairston. October 15, 2018. “immediate family member” means An ordinance changing the Use, Approved by Directors of Capital a spouse residing in the owner’s Area, & Height Districts of parcels Projects, City Planning Commission, household and any dependent of land South of Aspinwall Avenue Finance, Law; Adoption recommend- child.”. to Woodworth Avenue between East ed by Committees on Municipal Ser- vices and Properties, Development 4. In Section 2, at amended Section 134th Street to East 152nd Street and Planning and Sustainability. 365.07(a), line 5, after “organiza- adding an Urban Form Overlay The rules were suspended. Yeas tion,” insert “at least one (1) shall along the major corridors within the 16. Nays 0. Read second time. Read be a current owner of residential neighborhood. (Map Change 2599) rental property located in the City,”. third time in full. Adopted. Yeas 16. Approved by Directors of City Nays 0. 5. In Section 2, after Section 365.09 Planning Commission, Law; Passage and before Section 240.01, insert the recommended by Committees on Res. No. 748-2019. following new Section: Development Planning and Sustain- “Section 365.10. Severability By Council Members Griffin, Kel- ability. ley, McCormack and Mayor Jackson. If any section, subsection, sen- The rules were suspended. Yeas An emergency resolution calling tence, clause, phrase, or other por- 16. Nays 0. Read second time. Read upon health organizations including tion of this chapter, or its third time in full. Passed. Yeas 16. hospitals and providers of Medicaid application to any person, is, for any Nays 0. services to guarantee that Cleve- reason, declared invalid, in whole or land-area infants and children under in part by any court or agency of SECOND READING EMERGENCY age six are screened and tested for competent jurisdiction, said decision RESOLUTIONS ADOPTED lead to help prevent lead poisoning. shall not affect the validity of the Approved by Directors of Public remaining portions of this chapter.”. Res. No. 605-2019. Health, Building and Housing, Com- 6. In Section 3, at amended Section By Mayor Jackson, Council Mem- munity Development, Finance, Law; 367.99, at division (a), line 2, after bers B. Jones. J. Jones, Bishop, Adoption recommended by Commit- “provided” insert “or any rule or reg- McCormack, Johnson, Cleveland, tees on Health and Human Services, ulation promulgated thereunder or Griffin, Polensek, Conwell, Hairston, Development Planning and Sustain- fails to comply with this housing Brady, Brancatelli, Kelley, Santana, ability, Finance. code or with any order issued”;. Zone, Kazy, and Keane. The rules were suspended. Yeas 7. Insert new Section 8 to read as An emergency resolution declar- 16. Nays 0. Read second time. Read follows: “Section 8. That on or ing the second Monday in October, third time in full. Adopted. Yeas 16. about March 1, 2021, the Director of currently observed as Columbus Nays 0. Building and Housing will appear Day, annually as Indigenous Peo- before the Council to provide a sta- ples’ Day in the City of Cleveland; LAID ON THE TABLE tus on managing and operating the encouraging other institutions to lead-safe certification requirement, recognize this day; and reaffirming Ord. No. 1423-12. including, but not limited to, the City’s commitment to promote By Council Member Brancatelli. staffing levels, technology upgrades the well-being and growth of Cleve- An ordinance changing the Use and lead-safe certification sched- land’s Native American and Indige- District of land on both sides of E. ule.”; and renumber existing Section nous community. 55th Street from McBride Avenue to 8 to new “Section 9.”. Approved by Committee on Hamlet Avenue to Multi-Family Res- The rules were suspended. Yeas Finance, when amended, as follows: idential (Map Change Number 2410). 16. Nays 0. Read second time. Read 1. In the title, line 1, and Section Without objection, Ordinance No. third time in full. Passed. Yeas 15. 1, line 1, strike “the second Monday 1423-12 was relieved of further con- Nays 1. in October currently observed as sideration of all committees and laid In compliance with Section 33 of Columbus Day” and insert “August on the table pursuant to the Rules the Charter a copy of the legislation 9th”. of Council. 1239 68 The City Record July 31, 2019

The rules were suspended. Yeas THE CALENDAR 387-2019, passed by the Council of 16. Nays 0. Ordinance No. 1423-12. the City of Cleveland on April 15, Laid on the Table. 2019, Art House, Inc. is selected The following measures will be on from a list of firms determined after Ord. No. 990-17. their final passage at the next meet- a full and complete canvass by the By Council Member J. Johnson. ing: Director of Finance, as the firm to An emergency ordinance to repeal be employed by contract to supple- Sections 240.01 through 240.09 and NONE ment the regularly employed staff 240.99 and Section 365.07 of the Cod- of the several departments of the ified Ordinances of the City of City to provide the professional ser- Cleveland, 1976, as amended by var- BOARD OF CONTROL vices necessary to provide family ious ordinances; and to supplement workshops designed to celebrate the the codified ordinances by enacting cultural diversity of Cleveland July 24, 2019 new Sections 240.01 through 240.13 through the visual arts, with 1 one- and 240.99 relating to lead hazards year option to renew, exercisable by and lead safe certificates. The meeting of the Board of Con- the Director of Finance. trol convened in the Mayor’s office Without objection, Ordinance No. Be it further resolved that the on Wednesday, July 24, 2019 at 10:34 990-17 was relieved of further con- Director of Finance is authorized to am, with Director Langhenry pre- sideration of all committees and laid enter into contract with Art House, siding. on the table pursuant to the Rules Inc., based on its proposal dated Present: Directors Langhenry, of Council. December 10, 2018, which contract Dumas, Davis, Kennedy, Acting The rules were suspended. Yeas shall be prepared by the Director of 16. Nays 0. Ordinance No. 990-17. Director Scott, Gordon, McGrath, Law, shall provide for the furnish- Laid on the Table. Acting Director Greene, West, Eber- ing of the professional services sole, and McNamara. described in the proposal, for a fee Ord. No. 15-18. Absent: Mayor Jackson and Direc- of $12,600.00 for each of the initial By Council Members Brancatelli tor Donald. one-year term and the optional and Kelley (by departmental Others: Tiffany White Johnson, renewal year, and shall contain such request). Commissioner, Division of Purchas- additional provisions as the Director An emergency ordinance authorizes & Supplies. of Law deems necessary to protect ing the Director of City Planning to William Sonntag, Acting Director, and benefit the public interest. consent to assignment of Contract Mayor’s Office of Capital Projects. Yeas: Directors Langhenry, No. 55936, as amended, from Omni Melissa Burrows, Director, Office Dumas, Davis, Kennedy, Acting Media Cleveland, Inc. to Lamar of Equal Opportunity. Director Scott, Gordon, McGrath, Advertising of Youngstown, Inc. dba On motions, the resolutions Acting Director Greene, West, Eber- Lamar Advertising of Cleveland. attached were adopted, except as sole, and McNamara. Without objection, Ordinance No. may be otherwise noted. Nays: None. 15-18 was relieved of further con- Absent: Mayor Jackson and Direc- sideration of all committees and laid Resolution No. 326-19. tor Donald. on the table pursuant to the Rules By Director Dumas. of Council. Be it resolved, by the Board of Resolution No. 328-19. The rules were suspended. Yeas Control of the City of Cleveland that By Director Dumas. 16. Nays 0. Ordinance No. 15-18. Laid under the authority of Ordinance No. Be it resolved by the Board of on the Table. 668-18, passed by the Council of the Control of the City of Cleveland that City of Cleveland on May 21, 2018, under the authority of Ordinance No. Ord. No. 22-18. Kronos Incorporated is selected 387-2019, passed by the Council of By Council Members Johnson and from a list of firms determined after the City of Cleveland on April 15, Kelley (by departmental request). a full and complete canvass by the 2019, City Music Cleveland, Inc. is An emergency ordinance authoriz- Director of Finance as the firm to selected from a list of firms deter- ing the Commissioner of Purchases be employed by contract to provide mined after a full and complete can- and Supplies to sell City-owned prop- an upgrade to the Workforce vass by the Director of Finance, as erty no longer needed for public use TeleStaff v6 including the Enter- the firm to be employed by contract located at the terminus of Brow prise, Global Access, Gateway Man- to supplement the regularly Avenue in the Village of Newburgh ager, and Gateway Manager employed staff of the several depart- Heights to the Village of Newburgh Interface to Work Force Central, ments of the City to provide the pro- Heights, for purposes of redevelop- Contact Manager, Bidding software fessional services necessary to ment. modules to the Kronos Private engage participants in innovative Without objection, Ordinance No. Cloud and Interactive Voice performance design techniques 22-18 was relieved of further con- Response, and the addition of the through a mixture of musical gen- sideration of all committees and laid Institution Focus module, and edu- res and styles, with 1 one-year on the table pursuant to the Rules cational training, professional and option to renew, exercisable by the of Council. technical services, for the 12-month Director of Finance. The rules were suspended. Yeas period commencing upon execution Be it further resolved that the 16. Nays 0. Ordinance No. 22-18. Laid of a contract. Director of Finance is authorized to on the Table. Be it further resolved, that the enter into contract with City Music Director of Finance is authorized to Cleveland, Inc., based on its propos- MOTION enter into a contract with Kronos al dated December 10, 2018, which Incorporated based upon their pro- contract shall be prepared by the On the motion of Council Member posal dated April 16, 2019, which Director of Law, shall provide for Griffin, the absence of Council Mem- contract shall be prepared by the the furnishing of the professional Director of Law, shall provide for ber Joseph T. Jones is hereby autho- services described in the proposal, rendering the above-mentioned pro- rized. Seconded by Council Member for a fee of $12,720.00 for each of the fessional services, software licenses Brady. initial one-year term and the option- and modules as described in the pro- al renewal year, and shall contain posal for an amount not to exceed MOTION such additional provisions as the $161,133.18 for Kronos Incorporated, Director of Law deems necessary to and shall contain such additional protect and benefit the public inter- The Council Meeting adjourned at provisions as the Director of Law 6:12 p.m. to the call of the chair. est. deems necessary to protect and ben- Yeas: Directors Langhenry, The next scheduled Council Meet- efit the public interest. Dumas, Davis, Kennedy, Acting ing is on Wednesday, August 21, Yeas: Directors Langhenry, Director Scott, Gordon, McGrath, 2019, in the Council Chamber. Dumas, Davis, Kennedy, Acting Acting Director Greene, West, Eber- Director Scott, Gordon, McGrath, sole, and McNamara. Acting Director Greene, West, Eber- Nays: None. sole, and McNamara. Absent: Mayor Jackson and Direc- Nays: None. tor Donald. Absent: Mayor Jackson and Direc- tor Donald. Resolution No. 329-19. By Director Dumas. Resolution No. 327-19. Be it resolved by the Board of By Director Dumas. Control of the City of Cleveland that Be it resolved by the Board of under the authority of Ordinance No. Patricia J. Britt Control of the City of Cleveland that 387-2019, passed by the Council of City Clerk, Clerk of Council under the authority of Ordinance No. the City of Cleveland on April 15, 1240 July 31, 2019 The City Record 69

2019, Cleveland Museum of Natural 387-2019, passed by the Council of Yeas: Directors Langhenry, History is selected from a list of the City of Cleveland on April 15, Dumas, Davis, Kennedy, Acting firms determined after a full and 2019, From Me 2 U, Inc. is selected Director Scott, Gordon, McGrath, complete canvass by the Director of from a list of firms determined after Acting Director Greene, West, Eber- Finance, as the firm to be employed a full and complete canvass by the sole, and McNamara. by contract to supplement the regu- Director of Finance, as the firm to Nays: None. larly employed staff of the several be employed by contract to supple- Absent: Mayor Jackson and Direc- departments of the City to provide ment the regularly employed staff tor Donald. the professional services necessary of the several departments of the to engage participants in investi- City to provide the professional ser- Resolution No. 333-19. gating the different ways that vices necessary to provide two pro- By Director Dumas. humans produce power and compare grams: Working on Me - workshops Be it resolved by the Board of and contrast renewable and non- that include coding and photogra- Control of the City of Cleveland that renewable resources utilizing hands- phy leading participants to develop under the authority of Ordinance No. on experiments, with 1 one-year team projects and Young Writer’s option to renew, exercisable by the 387-2019, passed by the Council of Club - engaging participants in the Director of Finance. the City of Cleveland on April 15, Be it further resolved that the writing process to create and pub- 2019, Reach Success, Inc. is selected Director of Finance is authorized to lish books, with 1 one-year option to from a list of firms determined after enter into contract with Cleveland renew, exercisable by the Director a full and complete canvass by the Museum of Natural History, based of Finance. Director of Finance, as the firm to on its proposal dated December 10, Be it further resolved that the be employed by contract to supple- 2018, which contract shall be pre- Director of Finance is authorized to ment the regularly employed staff pared by the Director of Law, shall enter into contract with From Me 2 of the several departments of the provide for the furnishing of the U, Inc., based on its proposal dated City to provide tutoring and home- professional services described in December 10, 2018, which contract work assistance to youth in grades the proposal, for a fee of $15,262.00 shall be prepared by the Director of K - 12, with 1 one-year option to for each of the initial one-year term Law, shall provide for the furnish- renew, exercisable by the Director and the optional renewal year, and ing of the professional services of Finance, shall contain such additional provi- described in the proposal, for a fee Be it further resolved that the sions as the Director of Law deems of $26,696.00 for each of the initial Director of Finance is authorized to necessary to protect and benefit the one-year term and the optional enter into contract with Reach Suc- public interest. renewal year, and shall contain such cess, Inc., based on its proposal Yeas: Directors Langhenry, additional provisions as the Director dated December 10, 2018, which con- Dumas, Davis, Kennedy, Acting of Law deems necessary to protect tract shall be prepared by the Direc- Director Scott, Gordon, McGrath, and benefit the public interest. tor of Law, shall provide for the Acting Director Greene, West, Eber- Yeas: Directors Langhenry, furnishing of the professional ser- sole, and McNamara. Dumas, Davis, Kennedy, Acting vices described in the proposal, for Nays: None. Director Scott, Gordon, McGrath, a fee of $48,000.00 for each of the Absent: Mayor Jackson and Direc- Acting Director Greene, West, Eber- initial one-year term and the option- tor Donald. sole, and McNamara. al renewal year, and shall contain Nays: None. such additional provisions as the Resolution No. 330-19. Absent: Mayor Jackson and Direc- Director of Law deems necessary to By Director Dumas. tor Donald. Be it resolved by the Board of protect and benefit the public interest. Control of the City of Cleveland that Resolution No. 332-19. under the authority of Ordinance No. By Director Dumas. Yeas: Directors Langhenry, 387-2019, passed by the Council of Be it resolved by the Board of Dumas, Davis, Kennedy, Acting the City of Cleveland on April 15, Control of the City of Cleveland that Director Scott, Gordon, McGrath, 2019, Cray Consulting Group, Inc. is under the authority of Ordinance No. Acting Director Greene, West, Eber- selected from a list of firms deter- 387-2019, passed by the Council of sole, and McNamara. mined after a full and complete can- the City of Cleveland on April 15, Nays: None. vass by the Director of Finance, as 2019, Greater Cleveland Neighbor- Absent: Mayor Jackson and Direc- the firm to be employed by contract hood Centers Association is selected tor Donald. to supplement the regularly from a list of firms determined after employed staff of the several depart- a full and complete canvass by the Resolution No. 334-19. ments of the City to provide the pro- Director of Finance, as the firm to By Director Dumas. fessional services necessary to train be employed by contract to supple- Be it resolved by the Board of and engage participants ages 18 and ment the regularly employed staff Control of the City of Cleveland that over in the use of different exercise of the several departments of the under the authority of Ordinance No. stations powered by Fit Circuit, City to provide three programs: Pho- 387-2019, passed by the Council of with 1 one-year option to renew, tography - teaching basic camera the City of Cleveland on April 15, exercisable by the Director of operation, lighting, special tech- 2019, Teen Enterprise, LLC is select- Finance. niques and image editing on Photo- ed from a list of firms determined Be it further resolved that the shop; iConnect - targeting older after a full and complete canvass by Director of Finance is authorized to the Director of Finance, as the firm enter into contract with Cray Con- adults (60+) to help reduce social isolation while helping them better to be employed by contract to sup- sulting Group, Inc., based on its pro- plement the regularly employed posal dated December 10, 2018, understand the growing tech and staff of the several departments of which contract shall be prepared by digital device world; and, STEAM - the City to provide education about the Director of Law, shall provide introducing youth in grades 5 - 8 to entrepreneurship with participants for the furnishing of the profes- engineering concepts focused on sional services described in the pro- math, science and literacy through going through the process of creat- posal, for a fee of $16,442.00 for each project based learning activities, ing a product and promoting their of the initial one-year term and the with 1 one-year option to renew, concept during Young Entrepreneur optional renewal year, and shall exercisable by the Director of Pop Up Shop, with 1 one-year option contain such additional provisions Finance. to renew, exercisable by the Direc- as the Director of Law deems nec- Be it further resolved that the tor of Finance. essary to protect and benefit the Director of Finance is authorized to Be it further resolved that the public interest. enter into contract with Greater Director of Finance is authorized to Yeas: Directors Langhenry, Cleveland Neighborhood Centers enter into contract with Teen Enter- Dumas, Davis, Kennedy, Acting Association, based on its proposal prise, LLC, based on its proposal Director Scott, Gordon, McGrath, dated December 10, 2018, which con- dated December 10, 2018, which con- Acting Director Greene, West, Eber- tract shall be prepared by the Direc- tract shall be prepared by the Direc- sole, and McNamara. tor of Law, shall provide for the tor of Law, shall provide for the Nays: None. furnishing of the professional ser- furnishing of the professional ser- Absent: Mayor Jackson and Direc- vices described in the proposal, for vices described in the proposal, for tor Donald. a fee of $45,324.00 for each of the a fee of $22,500.00 for each of the initial one-year term and the option- initial one-year term and the option- Resolution No. 331-19. al renewal year, and shall contain al renewal year, and shall contain By Director Dumas. such additional provisions as the such additional provisions as the Be it resolved by the Board of Director of Law deems necessary to Director of Law deems necessary to Control of the City of Cleveland that protect and benefit the public inter- protect and benefit the public inter- under the authority of Ordinance No. est. est. 1241 70 The City Record July 31, 2019

Yeas: Directors Langhenry, such additional provisions as the Be it further resolved that the Dumas, Davis, Kennedy, Acting Director of Law deems necessary to Director of Public Utilities is autho- Director Scott, Gordon, McGrath, protect and benefit the public inter- rized to enter into a contract with Acting Director Greene, West, Eber- est. CDM Smith Inc. based upon its pro- sole, and McNamara. Yeas: Directors Langhenry, posal dated April 26, 2019, which Nays: None. Dumas, Davis, Kennedy, Acting contract shall be prepared by the Absent: Mayor Jackson and Direc- Director Scott, Gordon, McGrath, Director of Law, shall provide for tor Donald. Acting Director Greene, West, Eber- furnishing of professional services sole, and McNamara. described in the proposal in the Resolution No. 335-19. Nays: None. amount not exceeding $1,577,580.00, By Director Dumas. Absent: Mayor Jackson and Direc- and shall contain such additional Be it resolved by the Board of tor Donald. provisions as the Director of Law Control of the City of Cleveland that deems necessary to protect and ben- under the authority of Ordinance No. Resolution No. 337-19. efit the public interest. 387-2019, passed by the Council of By Director Davis. Be it further resolved that the the City of Cleveland on April 15, Whereas, under authority of Ordi- employment of the following sub- 2019, Lake Erie Ink: A Writing nance No. 1406-15, passed by the consultants by CDM Smith Inc. for Space for Youth is selected from a Council of the City of Cleveland on the above-mentioned professional list of firms determined after a full November 30, 2015, and under Board services is approved: and complete canvass by the Direc- of Control Resolution No. 523-18, SUBCONSULTANTS WORK tor of Finance, as the firm to be adopted December 19, 2018, the City PERCENTAGE employed by contract to supplement entered into City Contract No. PI2019-011 with Kokosing Industrial, the regularly employed staff of the Corrosion Probe, Inc. several departments of the City to Inc. for the public improvement of Baldwin Improvements - A, for the (Non-Certified) $50,000.00 provide the professional services 0.00% necessary to provide interactive Division of Water, Department of Public Utilities, and approved vari- activities for youth as they explore Sigma of Ohio, LLC. the creative writing process, learn- ous subcontractors; and Whereas, Board of Control Reso- (CSB) $32,000.00 ing about different literary art 2.03% forms, with 1 one-year option to lution No. 151-19, adopted April 24, renew, exercisable by the Director 2019, approved additional second-tier subcontractors and increased Somat Engineering of of Finance. Ohio, Inc. (CSB) $40,500.00 amounts for various subcontractors; Be it further resolved that the 2.57% and Director of Finance is authorized to Whereas, by its letter dated July enter into contract with Lake Erie Underwater Marine 1, 2019, Kokosing Industrial, Inc. Ink: A Writing Space for Youth, Contractors, Inc. (CSB) $159,920.00 requested the City’s consent to add based on its proposal dated Decem- 10.14% a subcontractor to a subcontractor, ber 10, 2018, which contract shall be and adjust the dollar amount of a prepared by the Director of Law, Yeas: Directors Langhenry, subcontractor approved in Resolu- Dumas, Davis, Kennedy, Acting shall provide for the furnishing of tion No. 151-19; now, therefore, the professional services described Director Scott, Gordon, McGrath, Be it resolved that the employ- Acting Director Greene, West, Eber- in the proposal, for a fee of ment of the following subcontractor $24,000.00 for each of the initial one- sole, and McNamara. by Warren Roofing & Insulating Nays: None. year term and the optional renewal Co., a subcontractor to Kokosing year, and shall contain such addi- Absent: Mayor Jackson and Direc- Industrial, Inc. under City Contract tor Donald. tional provisions as the Director of No. PI2019-011, is approved: Law deems necessary to protect and Resolution No. 339-19. benefit the public interest. Second-Tier Subcontractor Work Yeas: Directors Langhenry, By Director Spronz. Percentage Be it resolved by the Board of Dumas, Davis, Kennedy, Acting Control of the City of Cleveland that Director Scott, Gordon, McGrath, Cleveland Building pursuant to the authority of Ordi- Acting Director Greene, West, Eber- Restoration (FBE) $87,576.00 nance No. 629-19, passed by the sole, and McNamara. 0.009% Council of the City of Cleveland on Nays: None. June 3, 2019 Glaus, Pyle, Schomer, Absent: Mayor Jackson and Direc- Be it further resolved that Reso- Burns and DeHaven, Inc. dba GPD tor Donald. lution No. 151-19 is amended by Group is selected upon the nomina- decreasing the participation amount tion of the Mayor’s Office of Capital Resolution No. 336-19. attributed to subcontractor Warren Projects from a list of qualified By Director Dumas. Roofing & Insulating Co. from engineering consultants or firms of Be it resolved by the Board of $1,866,330.00 to $1,778,754.00. such consultants determined to be Control of the City of Cleveland that Be it further resolved that all available after a full and complete under the authority of Ordinance No. other provisions of Resolution No. canvass by the Director of Mayor’s 387-2019, passed by the Council of 151-19 not expressly amended above Office of Capital Projects as the the City of Cleveland on April 15, shall remain unchanged and in full firm to be employed by contract to 2019, Mary & William Association force and effect. supplement the regularly employed for Societal Benefit, Inc. is selected Yeas: Directors Langhenry, staff of the several departments of from a list of firms determined after Dumas, Davis, Kennedy, Acting the City to perform various Materi- a full and complete canvass by the Director Scott, Gordon, McGrath, al Testing, Geotechnical, Environ- Director of Finance, as the firm to Acting Director Greene, West, Eber- mental, and General Engineering be employed by contract to supple- sole, and McNamara. services needed by the Division of ment the regularly employed staff Nays: None. Engineering and Construction, of the several departments of the Absent: Mayor Jackson and Direc- Office of Capital Projects. City to provide sewing lessons and tor Donald. Be it further resolved that the information regarding entrepreneur- Director of Mayor’s Office of Capi- ship to adults, with 1 one-year Resolution No. 338-19. tal Projects is authorized to enter option to renew, exercisable by the By Director Davis. into a written contract with Glaus, Director of Finance. Be it resolved by the Board of Pyle, Schomer, Burns and DeHaven, Be it further resolved that the Control of the City of Cleveland that Inc. dba GPD Group based on its Director of Finance is authorized to under the authority of Ordinance No. proposal dated June 6, 2019 for a enter into contract with Mary & 1276-16 passed by the Council of the two year period at a cost not to William Association for Societal City of Cleveland on November 28, exceed $500,000. The agreement Benefit, Inc., based on its proposal 2016, CDM Smith Inc. is selected authorized hereby shall be prepared dated December 10, 2018, which con- from a list of firms determined after by the Director of Law and shall tract shall be prepared by the Direc- a full and complete canvass by the contain such other provisions as the tor of Law, shall provide for the Director of Public Utilities as the Director of Law deems necessary to furnishing of the professional ser- firm to provide professional con- protect and benefit the public inter- vices described in the proposal, for sulting services necessary to design est. a fee of $32,138.00 for each of the the rehabilitation of Kirtland Crib, Be it further resolved that the initial one-year term and the option- for the Division of Water, Depart- employment of the following sub- al renewal year, and shall contain ment of Public Utilities. consultants by Glaus, Pyle, Schomer, 1242 July 31, 2019 The City Record 71

Burns and DeHaven, Inc. dba GPD Chagrin Valley Engineering, Ltd. The public improvement by Group for the above authorized con- (CSB) — $50,000.00 — (10.0%) requirement contract authorized tract is approved: above shall provide that the con- City Architecture, Inc. tractor will perform all the City’s Solar Testing Laboratories, Inc. (CSB) — $15,000.00 — (3.00%) requirements for the work as may (CSB) — $40,000.00 — (8,00%) be ordered under delivery orders Euthenics, Inc. separately certified against the pub- Euthenics, Inc. (CSB) — $50,000.00 — (10.00%) lic improvement by requirement con- (CSB) — $53,750.00 — (10.75%) tract, whether the same be more or Lawhon & Associates, Inc. less than the total estimate of work KMJM Land Services, LLC. (FBE) — $2,500.00 — (0.50%) to be performed under the contract. (FBE) — $10,000.00 — (2.00%) Be it further resolved that the KS Associates, Inc. employment of the following sub- Charles P. Braman & Co., Inc. (FBE) — $45,000.00 — (9.00%) contractors by Ronyak Paving, Inc. (CSB) — $2,500.00 — (0.50%) for the above-mentioned public O.R. Colan Associates, LLC improvement is approved: Stephen Hovancsek and $4,200.00 — (0.84%) Associates, Inc. Catts Construction Co., Inc. (CSB) — $53,750.00 — (10.75%) CT Consultants, Inc. (CSB) — $7,309,002.34 — 25.6% $50,000.00 — (10.00%) E.L. Robinson Engineering Trafftech, Inc. of Ohio Co. Survey and Mapping, LLC (CSB) — $1,242,500.00 — 4.4% $12,500.00 — (2.50%) $2,500.00 — (0.50%) Asphalt Fabrics and Hardesty & Hanover, LLC. Smith & Nejedlik, Inc. Specialties, Inc. $12,500.00 — (2.50%) $2,500.00 — (0.50%) (N/A) — $950,000.00 — 3.3%

Modjeski and Masters, Inc. Stafford Bandlow Engineering, Inc. Strawser Construction, Inc. $12,500.00 — (2.50%) $10,000.00 — (2.00%) (N/A) — $148,000.00 — 0.5%

Survey and Mapping, LLC Hardesty & Hanover, LLC Pavement Technologies, Inc. $2,500.00 — (0.50%) $5,000.00 — (1.00%) (N/A) — $9,900.00 — 0.0% Davey Resource Group, Inc. The Pruning Company Yeas: Directors Langhenry, $5,000.00 — (1.00%) $5,000.00 — (1.00%) Dumas, Davis, Kennedy, Acting Director Scott, Gordon, McGrath, Ridgeway Drilling, Inc. The Osborn Engineering Company To be determined Acting Director Greene, West, Eber- (CSB) — $35,000.00 — (7.00%) sole, and McNamara. Yeas: Directors Langhenry, Nays: None. Pennoni Associates, Inc. Dumas, Davis, Kennedy, Acting Absent: Mayor Jackson and Direc- $35,000.00 — (7.00%) Director Scott, Gordon, McGrath, tor Donald. Acting Director Greene, West, Eber- Michael Baker International, Inc. sole, and McNamara. Resolution No. 342-19. $13,300.00 — (2.66%) Nays: None. By Director McGrath. Absent: Mayor Jackson and Direc- Whereas, under the authority of E.L. Robinson Engineering tor Donald. Ordinance No. 1609-07, passed by the of Ohio Co. Cleveland City Council on October $15,000.00 — (3.00%) Resolution No. 340-19. 15, 2007, the City of Cleveland, By Director Spronz. through the Director of Public Safe- Mott MacDonald, LLC Be it resolved by the Board of ty, entered into an agreement with $10,000.00 — (2.00%) Control of the City of Cleveland that New World Systems Corporation, pursuant to the authority of Ordi- City Contract No. 67608, for a period WSP USA, Inc. nance No. 629-19, passed by the of one year with two options to $10,000.00 — (2.00%) Council of the City of Cleveland on renew for an additional one-year June 3, 2019 Soil and Materials Engi- period, for maintenance and techni- Yeas: Directors Langhenry, neers, Inc. is selected upon the nom- cal support services for the Law Dumas, Davis, Kennedy, Acting ination of the Mayor’s Office of Enforcement Record Management Director Scott, Gordon, McGrath, Capital Projects from a list of qual- System, for the Division of Police, Acting Director Greene, West, Eber- ified engineering consultants or Department of Public Safety; and firms of such consultants deter- sole, and McNamara. Nays: None. Whereas, under the authority of mined to be available after a full Section 181.102, Codified Ordinances and complete canvass by the Direc- Absent: Mayor Jackson and Direc- tor Donald. of Cleveland, Ohio, 1976, the City, tor of Mayor’s Office of Capital Pro- through the Director of Public Safe- jects as the firm to be employed by ty, entered into City Contract No. contract to supplement the regular- Resolution No. 341-19. CT-6001-PS2011-214 with New World ly employed staff of the several By Director Spronz. Systems Corporation to obtain the departments of the City to perform Be it resolved by the Board of various Material Testing, Geotechni- Control of the City of Cleveland, professional maintenance and tech- cal, Environmental, and General that the bid of Ronyak Paving, Inc. nical support services necessary to Engineering services needed by the for the public improvement by maintain the Record Management Division of Engineering and Con- requirement contract for the City System for the 18-month period for struction, Office of Capital Projects. Wards Year 2019 Construction, base an amount fixed by Resolution No. Be it further resolved that the bid items 106-196, for the Office of 411-11, adopted by this Board on Director of Mayor’s Office of Capi- Capital Projects, received on June 7, August 24, 2011; and tal Projects is authorized to enter 2019, under the authority of Ordi- Whereas, by its January 6, 2016 into a written contract with Soil and nance No. 140-19, passed by Cleve- letter, Tyler Technologies, Inc. Materials Engineers, Inc. based on land City Council on March 4, 2019, (“Tyler”) notified the City that its proposal dated June 6, 2019 for a upon a unit price basis for the Tyler had merged with New World two year period at a cost not to improvements to be performed as Systems, effective November 16, exceed $500,000. The agreement ordered during the period of twen- 2015, that Tyler was the surviving authorized hereby shall be prepared ty-four months starting upon execu- entity, and that it assumed all by the Director of Law and shall tion of a contract, at the unit prices rights and obligations of New contain such other provisions as the set forth in the bid, which on the World; and Director of Law deems necessary to basis of the estimated work to be Whereas, under the authority of protect and benefit the public inter- done would amount to $28,505,007.80, Ordinance No. 152-16, passed by the est. is affirmed and approved as the low- Cleveland City Council on March 21, Be it further resolved that the est responsible bid, and the Director 2016, the City, through the Director employment of the following sub- of the Mayor’s Office of Capital Pro- of Public Safety, entered into a consultants by Soil and Materials jects is authorized to enter into a Third Amendment to City Contract Engineers, Inc. for the above autho- public improvement by requirement No. CT-6001-PS-2011-214 with Tyler rized contract is approved: contract for the improvement. Technologies, Inc. fka New World 1243 72 The City Record July 31, 2019

Systems Corporation for the acqui- enter into contract with SP Plus Cor- Director Scott, Gordon, McGrath, sition of software and professional poration for professional services Acting Director Greene, West, Eber- services necessary to implement a necessary to manage the Gateway sole, and McNamara. Mobile Field Based Reporting mod- East Garage is amended by deleting Nays: None. ule as part of an upgrade to the the firms CCP Industries, Quality Absent: Mayor Jackson and Direc- Law Enforcement Records Manage- Ribbons & Supplies, American Nat’l tor Donald. ment System; and Skyline, Relmec Mechanical, Tri-D Whereas, City Contract No. Plumbing, Lake Erie Electric, Indus- Resolution No. 345-19. PS2011-214 prohibits the assignment trial Snowplowing, Castle Heating & By Director Menesse. of the contract without the prior Air, Dawnchem, H20 Mobile Pres- Whereas, under Ordinance No. written consent of the City; and sure Washing, Link2Protect, Sim- 2076-76 passed October 25, 1976, the Whereas, under the authority of plexGrinnell, and Action Door from City is conducting a Land Reuti- Ordinance No. 76-17, passed by the the list of approved subcontractors lization Program (“Program”) Cleveland City Council on February to SP Plus Corporation. according to the provisions of Chap- 6, 2017, the City of Cleveland, through Be it further resolved that all ter 5722 of the Ohio Revised Code; the Director of Public Safety, entered other provisions of Resolution No. and into City Contract No. CT-6002-PS- 141-19 not expressly amended above Whereas, under the Program, the 2017-061, a Fourth Amendment to Con- shall remain unchanged and in full City has acquired Permanent Parcel tract No. PS2011-214 with Tyler to force and effect. No. 133-17-004 located at 3909 East obtain additional software licenses Yeas: Directors Langhenry, 75th Street; and for the Mobile Field-Based Reporting Dumas, Davis, Kennedy, Acting Whereas, Section 183.021 of the module of the Law Enforcement Director Scott, Gordon, McGrath, Codified Ordinances of Cleveland, Records Management System; and Acting Director Greene, West, Eber- Ohio, 1976, authorizes the Commis- Whereas, division (d) of Section sole, and McNamara. sioner of Purchases and Supplies, 181.102 C.O. authorizes a director to Nays: None. when directed by the Director of enter into an agreement with the Absent: Mayor Jackson and Direc- Community Development, to sell software vendor for professional ser- tor Donald. Land Reutilization Program parcels vices necessary to implement or when certain specified conditions have been met; and maintain the software, including but Resolution No. 344-19. Whereas, El-Rashid Adams has not limited to, maintenance, repair, By Director Menesse. proposed to the City to purchase the upgrade, enhancements, and techni- Whereas, under Ordinance No. cal support; and parcel for yard expansion; and 2076-76 passed October 25, 1976, the Whereas, the following conditions Whereas, under the authority of City is conducting a Land Reuti- Section 181.102 C.O., the City intends exist: lization Program (“Program”) 1. The member of Council from to enter into an agreement with according to the provisions of Chap- Ward 12 has approved the proposed Tyler Technologies, Inc. to obtain ter 5722 of the Ohio Revised Code; sale or has not disapproved or the professional maintenance and and requested a hold of the proposed technical support services necessary Whereas, under the Program, the sale within 45 days of notification to maintain the Record Management City has acquired Permanent Parcel of it; System and Mobile Field-Based No. 107-14-065 located at 1368 East 2. The proposed purchaser of the Reporting Module for the period of 88th Street; and parcel is neither tax delinquent nor 12 months beginning July 1, 2019 for Whereas, Section 183.021 of the in violation of the Building and an amount not to exceed $431,558.42 Codified Ordinances of Cleveland, Housing Code; now, therefore, and for the period of 12 months; Ohio, 1976, authorizes the Commis- Be it resolved by the Board of now, therefore, sioner of Purchases and Supplies, Control of the City of Cleveland that Be it resolved by the Board of when directed by the Director of under Section 183.021 of the Codified Control of the City of Cleveland that Community Development, to sell Ordinances of Cleveland, Ohio, 1976, under division (e) of Section 181.102 Land Reutilization Program parcels the Commissioner of Purchases and C.O., the compensation to be paid for when certain specified conditions Supplies is authorized, when direct- the maintenance and technical sup- have been met; and ed by the Director of Community port services to be performed under Whereas, Emmett Coleman and Development, and the Mayor is the above-mentioned prospective Ernestine Coleman have proposed to requested to execute an Official agreement with Tyler Technologies, the City to purchase the parcel for Deed for and on behalf of the City Inc. is fixed at an amount not to a side yard expansion; and of Cleveland with El-Rashid Adams exceed $431,558.42. Whereas, the following conditions for the sale of Permanent Parcel No. 133-17-004, according to the Land Yeas: Directors Langhenry, exist: Reutilization Program in such man- Dumas, Davis, Kennedy, Acting 1. The member of Council from ner as best carries out the intent of Director Scott, Gordon, McGrath, Ward 7 has approved the proposed the program. Acting Director Greene, West, Eber- sale or has not disapproved or Be it further resolved that the con- sole, and McNamara. requested a hold of the proposed Nays: None. sideration for the sale of the parcel sale within 45 days of notification shall be $200.00, which amount is Absent: Mayor Jackson and Direc- of it; tor Donald. determined to be not less than the 2. The proposed purchaser of the fair market value of the parcel for parcel is neither tax delinquent nor uses according to the Program. Resolution No. 343-19. in violation of the Building and By Director Cox. Yeas: Directors Langhenry, Housing Code; now, therefore, Dumas, Davis, Kennedy, Acting Whereas, Resolution No. 141-19, Be it resolved by the Board of Director Scott, Gordon, McGrath, adopted April 17, 2019, under the Control of the City of Cleveland that Acting Director Greene, West, Eber- authority of Ordinance No. 147-2019, under Section 183.021 of the Codified sole, and McNamara. passed March 4, 2019 by the Cleve- Ordinances of Cleveland, Ohio, 1976, Nays: None. land City Council, authorized the the Commissioner of Purchases and Absent: Mayor Jackson and Direc- Director of Public Works to enter Supplies is authorized, when direct- tor Donald. into contract with SP Plus Corpora- ed by the Director of Community tion for the professional services Development, and the Mayor is Resolution No. 346-19. necessary to manage the Gateway requested to execute an Official By Director Menesse. East Garage for term of three years, Deed for and on behalf of the City Whereas, under Ordinance No. for the Department of Public Works, of Cleveland with Emmett Coleman 2076-76 passed October 25, 1976, the for fees and expenses totaling an and Ernestine Coleman for the sale City is conducting a Land Reuti- estimated amount of $5,148,549.00, of Permanent Parcel No. 107-14-065, lization Program (“Program”) and approved various subcontrac- according to the Land Reutilization according to the provisions of Chap- tors; and Program in such manner as best carter 5722 of the Ohio Revised Code; Whereas, Resolution No. 141-19 ries out the intent of the program. and incorrectly listed certain firms as Be it further resolved that the con- Whereas, under the Program, the approved subcontractors to SP Plus sideration for the sale of the parcel City has acquired Permanent Parcel Corporation; now, therefore, shall be $200.00, which amount is No. 136-14-075 located at 4146 East Be it resolved by the Board of determined to be not less than the 99th Street; and Control of the City of Cleveland that fair market value of the parcel for Whereas, Section 183.021 of the Resolution No. 141-19, adopted by uses according to the Program. Codified Ordinances of Cleveland, this Board April 17, 2019, authoriz- Yeas: Directors Langhenry, Ohio, 1976 authorizes the Commis- ing the Director of Public Works to Dumas, Davis, Kennedy, Acting sioner of Purchases and Supplies, 1244 July 31, 2019 The City Record 73 when directed by the Director of Be it resolved by the Board of Yeas: Directors Langhenry, Community Development and when Control of the City of Cleveland that Dumas, Davis, Kennedy, Acting certain specified conditions have under Section 183.021 of the Codified Director Scott, Gordon, McGrath, been met, to sell Land Reutilization Ordinances of Cleveland, Ohio, 1976, Acting Director Greene, West, Eber- Program parcels; and the Commissioner of Purchases and sole, and McNamara. Whereas, James J. Moore, Jr. has Supplies is authorized, when direct- Nays: None. proposed to the City to purchase and ed by the Director, of Community Absent: Mayor Jackson and Direc- develop the parcel for yard expan- Development, and the Mayor is tor Donald. sion; and requested to execute an Official Whereas, the following conditions Deed for and on behalf of the City Resolution No. 349-19. exist: of Cleveland with Darryl M. Wash- By Director Menesse. 1. The member of Council from ington and Darnell C. Washington Whereas, under Ordinance No. Ward 2 has either approved the pro- for the sale and development of Per- 2076-76 passed October 25, 1976, the posed sale or has not disapproved or manent Parcel No. 106-11-015, accord- City is conducting a Land Reuti- requested a hold of the proposed ing to the Land Reutilization lization Program (“Program”) sale within 45 days of notification Program in such manner as best car- according to the provisions of Chap- of it; ries out the intent of the program. ter 5722 of the Ohio Revised Code; 2. The proposed purchaser of the Be it further resolved that the con- and parcel is neither tax delinquent nor sideration for the sale of the parcel Whereas, under the Program, the in violation of the Building and shall be $200.00, which amount is City has acquired Permanent Parcel Housing Code; now, therefore, determined to be not less than the No. 138-03-135 located at 12408 Dove Be it resolved by the Board of fair market value of the parcel for Avenue; and Control of the City of Cleveland that uses according to the Program. Whereas, Section 183.021 of the under Section 183.021 of the Codified Yeas: Directors Langhenry, Codified Ordinances of Cleveland, Ordinances of Cleveland, Ohio, 1976, Dumas, Davis, Kennedy, Acting Ohio, 1976, authorizes the Commis- the Commissioner of Purchases and Director Scott, Gordon, McGrath, sioner of Purchases and Supplies, Supplies is authorized, when direct- Acting Director Greene, West, Eber- when directed by the Director of ed by the Director of Community sole, and McNamara. Community Development, to sell Development, and the Mayor is Nays: None. Land Reutilization Program parcels requested, to execute an Official Absent: Mayor Jackson and Direc- when certain specified conditions Deed for and on behalf of the City tor Donald. have been met; and of Cleveland, with James J. Moore, Whereas, Regenia J. Dunnings Jr. for the sale and development of Resolution No. 348-19. has proposed to the City to purchase Permanent Parcel No. 136-14-075 By Director Menesse. the parcel for side yard expansion; located at 4146 East 99th Street, Whereas, under Ordinance No. and according to the Land Reutilization 2076-76 passed October 25, 1976, the Whereas, the following conditions Program in such manner as best car- City is conducting a Land Reuti- exist: ries out the intent of the program. lization Program (“Program”) 1. The member of Council from Be it further resolved that the con- according to the provisions of Chap- Ward 2 has approved the proposed sideration for the sale of the parcel ter 5722 of the Ohio Revised Code; shall be $200.00, which amount is sale or has not disapproved or and requested a hold of the proposed determined to be not less than the Whereas, under the Program, the fair market value of the parcel for sale within 45 days of notification City has acquired Permanent Parcel of it; uses according to the Program. No. 106-21-011 located at 1585 Addi- 2. The proposed purchaser of the Yeas: Directors Langhenry, son Road; and parcel is neither tax delinquent nor Dumas, Davis, Kennedy, Acting Whereas, Section 183.021 of the in violation of the Building and Director Scott, Gordon, McGrath, Codified Ordinances of Cleveland, Housing Code; now, therefore, Acting Director Greene, West, Eber- Ohio, 1976, authorizes the Commis- Be it resolved by the Board of sole, and McNamara. sioner of Purchases and Supplies, Nays: None. when directed by the Director of Control of the City of Cleveland that Absent: Mayor Jackson and Direc- Community Development, to sell under Section 183.021 of the Codified tor Donald. Land Reutilization Program parcels Ordinances of Cleveland, Ohio, 1976, when certain specified conditions the Commissioner of Purchases and Resolution No. 347-19. have been met; and Supplies is authorized, when direct- By Director Menesse. Whereas, Famicos Foundation has ed by the Director of Community Whereas, under Ordinance No. proposed to the City to purchase and Development, and the Mayor is 2076-76 passed October 25, 1976, the develop the parcel for landscaped requested to execute an Official City is conducting a Land Reuti- greenspace; and Deed for and on behalf of the City lization Program (“Program”) Whereas, the following conditions of Cleveland with Regenia J. Dun- according to the provisions of Chap- exist: nings for the sale of Permanent Par- ter 5722 of the Ohio Revised Code; 1. The member of Council from cel No. 138-03-135, according to the and Ward 7 has approved the proposed Land Reutilization Program in such Whereas, under the Program, the sale or has not disapproved or manner as best carries out the City has acquired Permanent Parcel requested a hold of the proposed intent of the program. No. 106-11-015 located at 1542 Addi- sale within 45 days of notification Be it further resolved that the con- son Road; and of it; sideration for the sale of the parcel Whereas, Section 183.021 of the 2. The proposed purchaser of the shall be $200.00, which amount is Codified Ordinances of Cleveland, parcel is neither tax delinquent nor determined to be not less than the Ohio, 1976, authorizes the Commis- in violation of the Building and fair market value of the parcel for sioner of Purchases and Supplies, Housing Code; now, therefore, uses according to the Program. when directed by the Director of Be it resolved by the Board of Yeas: Directors Langhenry, Community Development, to sell Control of the City of Cleveland that Dumas, Davis, Kennedy, Acting Land Reutilization Program parcels under Section 183.021 of the Codified Director Scott, Gordon, McGrath, when certain specified conditions Ordinances of Cleveland, Ohio, 1976, Acting Director Greene, West, Eber- have been met; and the Commissioner of Purchases and sole, and McNamara. Whereas, Darryl M. Washington Supplies is authorized, when direct- Nays: None. and Darnell C. Washington have ed by the Director of Community Absent: Mayor Jackson and Direc- proposed to the City to purchase and Development, and the Mayor is tor Donald. develop the parcel for a side yard requested to execute an Official expansion; and Deed for and on behalf of the City Resolution No. 350-19. Whereas, the following conditions of Cleveland with Famicos Founda- By Director Menesse. exist: tion for the sale and development of Whereas, under Ordinance No. 1. The member of Council from Permanent Parcel No. 106-21-011, 2076-76 passed October 25, 1976, the Ward 7 has approved the proposed according to the Land Reutilization City is conducting a Land Reuti- sale or has not disapproved or Program in such manner as best car- lization Program (“Program”) requested a hold of the proposed ries out the intent of the program. according to the provisions of Chap- sale within 45 days of notification Be it further resolved that the con- ter 5722 of the Ohio Revised Code; of it; sideration for the sale of the parcel and 2. The proposed purchaser of the shall be $200.00, which amount is Whereas, under the Program, the parcel is neither tax delinquent nor determined to be not less than the City has acquired Permanent Parcel in violation of the Building and fair market value of the parcel for No. 006-04-005 located at 7915 Madi- Housing Code; now, therefore, uses according to the Program. son Ave. and 7919 Madison Ave.; and 1245 74 The City Record July 31, 2019

Whereas, Section 183.021 of the 2. The proposed purchaser of the Be it further resolved that the con- Codified Ordinances of Cleveland, parcel is neither tax delinquent nor sideration for lease of the parcels Ohio, 1976, authorizes the Commis- in violation of the Building and shall be $3.00, which amount is sioner of Purchases and Supplies, Housing Code; now, therefore, determined to be not less than the when directed by the Director of Be it resolved by the Board of fair market value of the parcels for Community Development, to sell Control of the City of Cleveland that uses according to the Program. Land Reutilization Program parcels under Section 183.021 of the Codified Yeas: Directors Langhenry, when certain specified conditions Ordinances of Cleveland, Ohio, 1976, Dumas, Davis, Kennedy, Acting have been met; and the Commissioner of Purchases and Director Scott, Gordon, McGrath, Whereas, Emerald Development Supplies is authorized, when direct- Acting Director Greene, West, Eber- and Economic Network, Inc. has pro- ed by the Director of Community sole, and McNamara. posed to the City to purchase and Development, and the Mayor is Nays: None. develop the parcels for new housing requested to execute an Official Absent: Mayor Jackson and Direc- development; and Deed for and on behalf of the City tor Donald. Whereas, the following conditions of Cleveland with Les and Darla exist: Rutkowski for the sale and devel- Resolution No. 353-19. 1. The member of Council from opment of Permanent Parcel No. 134- By Director Menesse. Ward 15 has approved the proposed 04-048, according to the Land Be it resolved by the Board of sale or has not disapproved or Reutilization Program in such man- Control of the City of Cleveland, requested a hold of the proposed ner as best carries out the intent of that under Ordinance No. 476-2019 sale within 45 days of notification the program. passed by Cleveland City Council on of it; Be it further resolved that the con- May 6, 2019, the Reinvestment Fund 2. The proposed purchaser of the sideration for the sale of the parcel is selected upon the nomination of parcel is neither tax delinquent nor shall be $200.00, which amount is the Director of Community Develop- in violation of the Building and determined to be not less than the ment, as determined after a full and Housing Code; now, therefore, fair market value of the parcel for complete canvass, as the firm to be Be it resolved by the Board of uses according to the Program. employed for the purpose of provid- Control of the City of Cleveland that Yeas: Directors Langhenry, ing a research study of the City’s under Section 183.021 of the Codified Dumas, Davis, Kennedy, Acting real property tax policies and tax Ordinances of Cleveland, Ohio, 1976, Director Scott, Gordon, McGrath, abatement programs for the Depart- the Commissioner of Purchases and Acting Director Greene, West, Eber- ment of Community Development. Supplies is authorized, when direct- sole, and McNamara. Be it further resolved that the ed by the Director of Community Nays: None. Director of Community Development Development, and the Mayor is Absent: Mayor Jackson and Direc- is authorized to enter into a contract requested to execute an Official with the Reinvestment Fund based Deed for and on behalf of the City tor Donald. on its proposal dated May 17, 2019, of Cleveland with Emerald Develop- which contract shall be prepared by ment and Economic Network, Inc. Resolution No. 352-19. the Director of Law, shall provide for the sale and development of Per- By Director Menesse. for the furnishing of professional manent Parcel No. 006-04-005, accord- Whereas, under Ordinance No. services as described in the proposing to the Land Reutilization 2076-76 passed October 25, 1976, the al, for a fee not exceeding $149,440, Program in such manner as best car- City is conducting a Land Reuti- ries out the intent of the program. lization Program (“Program”) and shall contain such additional Be it further resolved that the con- according to the provisions of Chap- provisions as the Director of Law sideration for the sale of the parcels ter 5722 of the Ohio Revised Code; deems necessary to protect and ben- shall be $200.00 each, which amount and efit the public interest. is determined to be not less than the Whereas, under the Program, the Be it further resolved that the fair market value of the parcels for City has acquired Permanent Parcel employment of the following sub- uses according to the Program. Nos. 128-04-058 located at 2620 East consultants is approved: Yeas: Directors Langhenry, 115th Street; and • PFM Group Consulting for a fee Dumas, Davis, Kennedy, Acting Whereas, Section 183.021 of the not exceeding $55,375 Director Scott, Gordon, McGrath, Codified Ordinances of Cleveland, • Greater Ohio Policy Center for Acting Director Greene, West, Eber- Ohio, 1976, authorizes the Commis- a fee not exceeding $37,200 Yeas: Directors Langhenry, sole, and McNamara. sioner of Purchases and Supplies, Dumas, Davis, Kennedy, Acting Nays: None. when directed by the Director of Director Scott, Gordon, McGrath, Absent: Mayor Jackson and Direc- Community Development to sell or Acting Director Greene, West, Eber- tor Donald. lease Land Reutilization Program sole, and McNamara. parcels when certain specified con- Nays: None. Resolution No. 351-19. ditions have been met; and By Director Menesse. Absent: Mayor Jackson and Direc- Whereas, Frederick E. Purvis and Whereas, under Ordinance No. tor Donald. Tiffany J. Purvis have proposed to 2076-76 passed October 25, 1976, the the City to lease the parcels for a City is conducting a Land Reuti- JEFFREY B. MARKS, lization Program (“Program”) yard expansion; and Secretary according to the provisions of Chap- Whereas, the following conditions ter 5722 of the Ohio Revised Code; exist: and 1. The member of Council from CIVIL SERVICE NOTICES Whereas, under the Program, the Ward 6 has approved the proposed ______City has acquired Permanent Parcel lease or has not disapproved or General Information No. 134-04-048 located at 7820 Har- requested a hold of the proposed vard Ave.; and lease within 45 days of notification Application blanks and informa- Whereas, Section 183.021 of the of it; tion, regarding minimum entrance Codified Ordinances of Cleveland, 2. The proposed lessee of the qualifications, scope of examination, Ohio, 1976, authorizes the Commis- parcels is neither tax delinquent nor and suggested reference materials sioner of Purchases and Supplies, in violation of the Building and may be obtained at the office of the when directed by the Director of Housing Code; now, therefore, Civil Service Commission, Room 119, Community Development, to sell Be it resolved by the Board of City Hall, East 6th Street, and Lake- Land Reutilization Program parcels Control of the City of Cleveland that side Avenue. when certain specified conditions under Section 183.021 of the Codified have been met; and Ordinances of Cleveland, Ohio, 1976, Application blanks must be prop- Whereas, Les and Darla Rutkows- the Commissioner of Purchases and erly filled out on the official form ki have proposed to the City to pur- Supplies is authorized, when direct- prescribed by the Civil Service Com- chase and develop the parcel for a ed by the Director of Community mission and filed at the office of the side yard expansion; and Development, to execute a lease for commission not later than the final Whereas, the following conditions a period of 3 years, on behalf of the closing date slated in the examina- exist: City of Cleveland with Frederick E. tion announcement. 1. The member of Council from Purvis and Tiffany J. Purvis for the Ward 12 has approved the proposed purpose of side yard expansion on EXAMINATION RESULTS: Each sale or has not disapproved or Permanent Parcel No. 128-04-058, applicant whether passing or failing requested a hold of the proposed according to the Land Reutilization will be notified of the results of the sale within 45 days of notification Program in such manner as best car- examination as soon as the of it; ries out the intent of the program. commission has graded the papers. 1246 July 31, 2019 The City Record 75

Thereafter, eligible lists will be Current bills not listed above (With- TAKE AN EXAMINATION WHICH established which will consist of the in last three months). WILL BE USED TO CREATE AN names of those candidates who have ELIGIBLE LIST FOR THIS JOB been successful in all parts of the The following are examples of unac- CLASSIFICATION. THAT LIST examination. ceptable categories of proof: WILL BE USED FOR FUTURE HIRES IN THIS JOB CLASSIFICA- Library cards. PHYSICAL EXAMINATION: All TION. candidates for original entrance Voter registration cards. positions who are successful in SALARY: The prevailing salary for other parts of the examinations Birth certificates. this position as established by Ordi- must submit to a physical examina- nance of the Council of the City of tion. Notarized letters or affidavits. Cleveland is $15.00 - $17.26 per Hour. Social Security card. ROBERT BENNETT, EXAMINATION INFORMATION President Rental receipts from independent party without cancelled checks or TYPE: WRITTEN EXAMINATION: money order receipt. Applicants will be notified by of the CIVIL SERVICE NOTICE time, date, and place of the exams ______via email. APPROVED C.S.C. MINUTES ANNOUNCEMENTS — 2019 ANNOUNCEMENT NO. 71 NOTE: All copies of diplomas, licens- Filing Beginning 8/2/2019 es, certificates, resumes and any ANIMAL CARE WORKER (OPEN) other required documents must be Announ- Exam Classi- Exam uploaded and included with your cement Method fication Type Public notice is hereby given by the Application when it is submitted. No. Civil Service Commission of Cleve- Applications without the required land, Ohio, of an open competitive documents will be rejected. 71 WR Animal Care examination for the above classifi- Worker Open cation. Duties:

72 WR/TY Customer Service FILING OF APPLICATION: This position is responsible for daily Representative, kennel and shelter cleaning, ensur- Call Center Open Application must be made electroni- ing shelter animals are properly cally through the City of Cleveland’s cared for, assisting with adopter 73 Bulletin Pulled web site: meets, and other duties as assigned. www.governmentjobs.com/careers/c Ensures the Division of Animal Care 74 WR Receptionist Open leveland and Control’s (DACC’s) high quality standards are maintained. Cleans 75 WR/TY Sr Data No other form or method of appli- and disinfects multiple animal ken- Conversion cation will be accepted. Absolutely nels, food and water bowls, and Operator Open no paper applications will be accept- enrichment toys. Also cleans all out- ed. side areas as well as public areas. PROOF OF CITY RESIDENCY Scans dogs for microchips and Any applicant wishing to receive THE ELECTRONIC APPLICATION implants them in dogs that have not residency credit will be asked to PERIOD IS FROM 12:01 A.M. ON been microchipped. Ensures that show that he/she is a bona fide res- photographs are taken of newly ident of the City of Cleveland. The FRIDAY, AUGUST 2, 2019 UNTIL impounded animals. Assists with following list gives examples of 11:59 P.M. ON THURSDAY, AUGUST assessing dog’s temperament as items that an applicant may present 15, 2019. NOTE: APPLICATIONS needed. Feeds, grooms, exercises, at the time of filing. The Civil Ser- WILL NOT BE ACCEPTED AFTER vice Commission requires a mini- 11:59 P.M. ON THURSDAY, AUGUST walks, and engages in enrichment mum of three items from at least 15, 2019. activities as well as socialization of three different categories, where all shelter animals. Interacts with applicable. All items must be cur- THE CIVIL SERVICE COMMIS- DACC clients to introduce adoptable rent. Please note that presentation SION’S POLICY IS THAT NO LATE animal as well as other meets, as of these items does not constitute FILING WILL BE ALLOWED. needed. Promotes adoptions through conclusive proof of bona fide resi- visitor education. Documents animal dency. Acceptable categories IMPORTANT NOTE: At the time of identification. Updates animal walk- include, but are not limited to, the submitting an application, copies of ing boards, divisional spreadsheet, following: the following items are required to and record management systems. be uploaded as attachments to that Assists with animal euthanasia as Lease - from rental agency. application: needed. Drives Divisional vehicles. Performs other job-related duties as Lease - from independent party. 1. Proof of Education (as provided assigned. Follows all operations and Must include copy of cancelled herein); safety policies and safe work prac- check or money order receipts for 2. DD-214 or other materials to prove tices. Attends and participates in previous rent and/or security veteran’s status (as described here- operations and safety training class- deposit, and fully executed; other- in) only required if the applicant is es and demonstrates competence wise, it us unacceptable. seeking veteran’s preference points (demonstration of competence may Utility bills bearing the property 3. Proof of Residency (as described be determined by exam.) Wears and address and your name. herein), which is only required if properly utilizes safety equipment the applicant is seeking residency in accordance with Divisional policy Post Office change of address form credit for the examination at all times. properly date stamped. 4. A valid Driver’s License (as provided herein) Minimum Qualifications: Official documents relating to home *These items should be uploaded ownership including deed, purchase under the “Attachments” tab in your A High School Diploma or GED is agreement, or insurance policy. application. required. A valid State of Ohio Dri- Bank statements (Within last three ver’s License is required. Must months). NOTE: ONCE YOU SUBMIT YOUR become euthanasia certified within APPLICATION, FURTHER CHANGES six months of the date of hire. Must School registration of children. TO THAT APPLICATION WILL NOT be able to lift and handle animals BE PERMITTED. All additional of all sizes. Animal welfare experi- Car insurance documents. attachments, correspondence, notifica- ence is preferred. tions, and certifications will be made Car registration or Driver s License with applicants via email. Any updates NOTE: Minimum qualifications must or Ohio I.D. (One only). of email or your online profile must be be met as of the last day of the fil- Loans and credit card statements made at: [email protected]. ing period unless otherwise stated. (Within last three months). NOTE: YOU ARE NOT APPLYING NOTE: THE CIVIL SERVICE COM- Rental contracts (e.g.: furniture, FOR AN IMMEDIATE JOB OPEN- MISSION RESERVES THE RIGHT tools, car, etc.). ING. YOU ARE APPLYING TO TO REVIEW AND EVALUATE ANY 1247 76 The City Record July 31, 2019

AND ALL INFORMATION CON- may provide one or more proof doc- 2. DD-214 or other materials to prove TAINED IN THE APPLICATION OR uments bearing their own name and veteran’s status (as described here- RESUME. LACK OF HONESTY Cleveland address, and supplement in) only required if the applicant is WILL RESULT IN IMMEDIATE it with the additional required seeking veteran’s preference points REMOVAL FROM THE ELIGIBLE proofs from a spouse or blood rela- 3. Proofs of City of Cleveland Resi- LIST. tive with whom they reside; provid- dency (as described herein) only ed that such other person also required if the applicant is seeking Any applicant that willfully pro- provides a notarized statement that residency points vides any false document, statement, the applicant has resided with them or certification in regard to any test at that address for more than a year NOTE: ONCE YOU SUBMIT YOUR will be terminated from all process- prior to the date of application and APPLICATION, FURTHER CHANGES ing, removed from any eligible list, provides the missing documentation TO THAT APPLICATION WILL NOT and may face possible criminal pros- in their own name with their Cleve- BE PERMITTED. All additional ecution. land address. attachments, correspondence, notifica- tions, and certifications will be made RESIDENCY CREDIT VETERANS’ PREFERENCE with applicants via email. Any updates of email or your online profile must be In accordance with the Charter of Veterans’ preference will be award- made at: [email protected]. the City of Cleveland: A person who ed, when applicable, to eligible vet- has had as his/her primary resi- erans in accordance with Civil NOTE: YOU ARE NOT APPLYING dence in the City of Cleveland for Service Rules 4.40E, 4.40F and FOR AN IMMEDIATE JOB OPEN- at least one year at the time of fil- 4.40G. Proof of active service or a ING. YOU ARE APPLYING TO ing a Civil Service application, and DD Form 214, must be presented to TAKE AN EXAMINATION WHICH desires to take an entry-level Civil the Commission at the time of fil- WILL BE USED TO CREATE AN Service examination, shall, if a passing application for the examination ELIGIBLE LIST FOR THIS JOB ing grade on the written examina- in which credit is sought in order to CLASSIFICATION. THAT LIST tion is attained, have ten (10) points qualify for veterans’ credit. If the WILL BE USED FOR FUTURE added to his/her passing score. applicant has received an honorable HIRES IN THIS JOB CLASSIFICA- discharge or a general discharge TION. In order to receive residency credit, under honorable conditions that applicants must present the origi- applicant shall receive an addition- SALARY: The prevailing salary for nals OR LEGIBLE COPIES of 3 dif- al five (5) points added to their raw this position as established by Ordi- ferent proofs of residency from ONE score on the examination. nance of the Council of the City of YEAR AGO* and 3 different proofs Cleveland is $14.29 - $19.45 per Hour. of residency that are CURRENT** THE COMMISSION WILL (A total of SIX documents) for ver- NOT ENTERTAIN APPEALS FOR ification at the time of filing. “Dif- EXAMINATION INFORMATION VETERANS’ PREFERENCE OR ferent” means that an applicant can RESIDENCY CREDIT AFTER THE provide (for example) a bank state- TYPE: WRITTEN/TYPING EXAMI- APPLICANT HAS FILED HIS/HER ment from a year ago, and a current NATION: Applicants will be notified APPLICATION. THE DECISION OF statement for the same bank of the time, date, and place of the THE COMMISSION IS FINAL. account, but cannot provide multiple examinations. The typing portion of statements from the same account the exam will be Pass/Fail. Those AN EQUAL OPPORTUNITY EMPLOYER for different months to satisfy the 3 applicants who do not type at least proofs requirement. 25 words per minute (Gross words APPROVED C.S.C. MINUTES per minute minus errors) with at ANNOUNCEMENT NO. 72 Such proofs include: least an 80% accuracy, will receive a zero for their exam. CUSTOMER SERVICE REPRESEN- ‚ Driver’s License TATIVE, CALL CENTER (OPEN) ‚ Bank Statements NOTE: All copies of diplomas, licens- ‚ Utility Bills es, certificates, resumes and any Public notice is hereby given by the ‚ Mortgage or Lease Agreement other required documents must be Civil Service Commission of Cleve- ‚ Bills from creditors not listed uploaded and included with your above land, Ohio, of an open competitive Application when it is submitted. examination for the above classifi- ‚ Other Postmarked mail such as Applications without the required magazines with name and mail- cation. documents will be rejected. ing label attached, organization newsletters, medical/dental bills, FILING OF APPLICATION: Duties: voter registration card, or motor vehicle registration Application must be made electroni- Under supervision, correctly handles ‚ Insurance Statement (Home insur- cally through the City of Cleveland’s a high volume of utility customers ance, rental insurance, car insur- web site: to resolve inquiries, concerns, or ance or other insurance www.governmentjobs.com/careers/c complaints regarding their accounts, documents). leveland equipment, and services by walk-in or telephone in accordance with * “ONE YEAR AGO” SHALL BE No other form or method of appli- established guidelines and proce- ONE YEAR PREVIOUS TO DATE cation will be accepted. Absolutely dures. Receives information regard- OF FILING. For example, if you are no paper applications will be accepting customer’s circumstances. Uses filing for the examination in August ed. computers, headsets, reference mate- of 2019 you must present 3 different rials and job aids, government documents dated June, July, and/or THE ELECTRONIC APPLICATION records, training sessions, etc. to August of 2018. PERIOD IS FROM 12:01 A.M. ON investigate and address meter infor- FRIDAY, JULY 19, 2019 UNTIL 11:59 mation as well as customer usage, ** “CURRENT” SHALL BE WITH P.M. ON THURSDAY, AUGUST 1, account, and bill payment history. IN THE LAST THREE MONTHS. 2019 NOTE: APPLICATIONS WILL Performs thorough account analysis For example, if you are filing for NOT BE ACCEPTED AFTER 11:59 of all known information to resolve the examination in August of 2019 P.M. ON THURSDAY, AUGUST 1, a customer inquiry within the you must present 3 different docu- 2019. framework of established policies ments dated June, July, and/or and procedures. Assesses resulting August of 2019. THE CIVIL SERVICE COMMIS- information to determine theft of SION’S POLICY IS THAT NO LATE services or possible causes for high NOTE: IF CREDITORS ARE PAID FILING WILL BE ALLOWED. or low meter readings. Calculates ONLINE, A COPY OF BILL IS TO specific charges and makes billing BE PRINTED SHOWING THE IMPORTANT NOTE: At the time of adjustments as necessary. Evaluates ADDRESS OF THE APPLICANT. submitting an application, copies of customer eligibility for billing THE BILL MUST HAVE THE the following items are required to adjustments and service programs, DATE VISIBLE. be uploaded as attachments to that bill extensions, or extended payment application: arrangements and determines if NOTE: Applicants who are under the supervisory approval is needed for age of 25 who do not have sufficient 1. Proof of Education (as provided such. Explains applicable policies bills or items in their own name herein); and procedures to customers. 1248 July 31, 2019 The City Record 77

Answers simple to complex ques- NOTE: THE CIVIL SERVICE COM- NOTE: Applicants who are under the tions related to billing, collections, MISSION RESERVES THE RIGHT age of 25 who do not have sufficient and permits. Informs customers of TO REVIEW AND EVALUATE ANY bills or items in their own name possible reasons for high or low AND ALL INFORMATION CON- may provide one or more proof doc- bills and takes necessary steps to TAINED IN THE APPLICATION OR uments bearing their own name and resolve the customer’s issues. Uses RESUME. LACK OF HONESTY Cleveland address, and supplement excellent listening skills, soft skills, WILL RESULT IN IMMEDIATE it with the additional required customer service, and phone eti- REMOVAL FROM THE ELIGIBLE proofs from a spouse or blood rela- quettes as it relates to serving walk- LIST. tive with whom they reside; provid- in and phone customers. Uses ed that such other person also professionally assertive communica- Any applicant that willfully pro- provides a notarized statement that tion and negotiation skills with dif- vides any false document, statement, the applicant has resided with them ficult customers. Completes or certification in regard to any test at that address for more than a year necessary forms, documents, or let- will be terminated from all process- prior to the date of application and ters to establish new accounts, ing, removed from any eligible list, provides the missing documentation establish or terminate service, and may face possible criminal pros- in their own name with their Cleve- request repairs, issue permits, and ecution. land address. initiate account adjustments. Enters highly accurate and complete infor- RESIDENCY CREDIT VETERANS’ PREFERENCE mation to update customer records to confirm conversation and inter- In accordance with the Charter of Veterans’ preference will be award- actions with customers. Refers cus- the City of Cleveland: A person who ed, when applicable, to eligible vet- tomers to appropriate offices or has had as his/her primary resi- erans in accordance with Civil agencies. Follows up with customer dence in the City of Cleveland for Service Rules 4.40E, 4.40F and as necessary to meet the required at least one year at the time of fil- 4.40G. Proof of active service or a service level. Performs other job- ing a Civil Service application, and DD Form 214, must be presented to related duties as required. Follows desires to take an entry-level Civil the Commission at the time of fil- all operations and safety policies Service examination, shall, if a passing application for the examination and safe work practices. Attends ing grade on the written examina- in which credit is sought in order to and participates in operations and tion is attained, have ten (10) points qualify for veterans’ credit. If the safety training classes and demon- added to his/her passing score. applicant has received an honorable strates competence (demonstration discharge or a general discharge of competence may be determined In order to receive residency credit, under honorable conditions that by exam.) Wears and properly uti- applicants must present the origi- applicant shall receive an addition- lizes safety equipment in accor- nals OR LEGIBLE COPIES of 3 dif- al five (5) points added to their raw dance with Divisional policy at all ferent proofs of residency from ONE score on the examination. times. YEAR AGO* and 3 different proofs of residency that are CURRENT** THE COMMISSION WILL Minimum Qualifications: (A total of SIX documents) for ver- NOT ENTERTAIN APPEALS FOR ification at the time of filing. “Dif- VETERANS’ PREFERENCE OR A High School Diploma or GED is ferent” means that an applicant can RESIDENCY CREDIT AFTER THE required. Must satisfy ONE of the provide (for example) a bank state- APPLICANT HAS FILED HIS/HER following: (i) Two years of full-time ment from a year ago, and a current APPLICATION. THE DECISION OF paid experience handling telephone statement for the same bank THE COMMISSION IS FINAL. and/or walk-in customers with account, but cannot provide multiple emphasis on customer service, col- statements from the same account ANYONE WHO WISHES TO lections, billing, and/or service com- for different months to satisfy the 3 REQUEST AN ACCOMMODATION plaints in a high-volume business proofs requirement. MUST DO SO AT THE TIME OF (office) environment is required, FILING. THE COMMISSION WILL experience in a utility call center is Such proofs include: CONTACT THE INDIVIDUAL CON- preferred; OR (ii) Completion of a CERNING SUCH ACCOMMODATION customer service specialization cer- ‚ Driver’s License PRIOR TO THE EXAMINATION. tification and training program ‚ Bank Statements THE COMMISSION MAY REFUSE together with one year of full time ‚ Utility Bills TO PROVIDE SUCH ACCOMMODA- paid experience handling telephone ‚ Mortgage or Lease Agreement TION IF IT IS NOT REASONABLE and/or walk-in customers with ‚ Bills from creditors not listed OR WOULD CONSTITUTE AN emphasis on customer service, col- above UNDUE HARDSHIP. CURRENT lections, billing, and/or service com- ‚ Other Postmarked mail such as (WITHIN ONE YEAR) DOCUMEN- plaints in a high volume business magazines with name and mail- TATION SUPPORTING THE NEED (office) environment; OR (iii) Com- ing label attached, organization FOR THE REQUESTED ACCOM- pletion of any related City of Cleve- newsletters, medical/dental bills, MODATION IS REQUIRED. SUCH land apprenticeship program. Must voter registration card, or motor DOCUMENTATION SHOULD BE demonstrate the following: interme- vehicle registration SUBMITTED AT THE TIME OF diate level knowledge and skill ‚ Insurance Statement (Home insur- FILING. operating a personal computer, nav- ance, rental insurance, car insur- igating the internet, and Microsoft ance or other insurance AN EQUAL OPPORTUNITY EMPLOYER Word and Excel, and/or customer documents). account database; a typing speed of APPROVED C.S.C. MINUTES 20 words per minute; fluency in * “ONE YEAR AGO” SHALL BE ANNOUNCEMENT NO. 74 English; excellent oral and written ONE YEAR PREVIOUS TO DATE communication skills. The ability to OF FILING. For example, if you are RECEPTIONIST (OPEN) speak a second language is pre- filing for the examination in August ferred. Must possess excellent ana- of 2019 you must present 3 different Public notice is hereby given by the lytical and problem-solving skills as documents dated June, July, and/or Civil Service Commission of Cleve- well as excellent follow-up and fol- August of 2018. land, Ohio, of an open competitive low-through skills with both inter- examination for the above classifi- nal and external customers. Must be ** “CURRENT” SHALL BE WITH cation. able to: manage heavy call volume IN THE LAST THREE MONTHS. in a timely manner, follow all com- For example, if you are filing for FILING OF APPLICATION: munication procedures, policies, and the examination in August of 2019 guidelines during every customer you must present 3 different docu- Application must be made electroni- interaction, identify customer issues ments dated June, July, and/or cally through the City of Cleveland’s with information presented and August of 2019. web site: ensure resolution. Must also possess www.governmentjobs.com/careers/c good organizational and time-man- NOTE: IF CREDITORS ARE PAID leveland agement skills. ONLINE, A COPY OF BILL IS TO BE PRINTED SHOWING THE No other form or method of appli- NOTE: Minimum qualifications must ADDRESS OF THE APPLICANT. cation will be accepted. Absolutely be met as of the last day of the fil- THE BILL MUST HAVE THE no paper applications will be accepting period unless otherwise stated. DATE VISIBLE. ed. 1249 78 The City Record July 31, 2019

THE ELECTRONIC APPLICATION experience as a receptionist or in * “ONE YEAR AGO” SHALL BE PERIOD IS FROM 12:01 A.M. ON customer service is required. ONE YEAR PREVIOUS TO DATE FRIDAY, AUGUST 2, 2019 UNTIL OF FILING. For example, if you are 11:59 P.M. ON THURSDAY, AUGUST NOTE: Minimum qualifications must filing for the examination in August 15, 2019. NOTE: APPLICATIONS be met as of the last day of the fil- of 2019 you must present 3 different WILL NOT BE ACCEPTED AFTER ing period unless otherwise stated. documents dated June, July, and/or 11:59 P.M. ON THURSDAY, AUGUST August of 2018. 15, 2019. NOTE: THE CIVIL SERVICE COM- MISSION RESERVES THE RIGHT ** “CURRENT” SHALL BE WITH THE CIVIL SERVICE COMMIS- TO REVIEW AND EVALUATE ANY IN THE LAST THREE MONTHS. SION’S POLICY IS THAT NO LATE AND ALL INFORMATION CON- For example, if you are filing for FILING WILL BE ALLOWED. TAINED IN THE APPLICATION OR the examination in August of 2019 RESUME. LACK OF HONESTY you must present 3 different docu- IMPORTANT NOTE: At the time of WILL RESULT IN IMMEDIATE ments dated June, July, and/or submitting an application, copies of REMOVAL FROM THE ELIGIBLE August of 2019. the following items are required to LIST. be uploaded as attachments to that NOTE: IF CREDITORS ARE PAID application: Any applicant that willfully pro- ONLINE, A COPY OF BILL IS TO vides any false document, statement, BE PRINTED SHOWING THE 1. Proof of Education (as provided or certification in regard to any test ADDRESS OF THE APPLICANT. herein); will be terminated from all process- THE BILL MUST HAVE THE 2. Proof of Residency (as described ing, removed from any eligible list, DATE VISIBLE. herein), which is only required if and may face possible criminal pros- the applicant is seeking residency ecution. credit for the examination; and NOTE: Applicants who are under the 3. DD-214 or other materials to prove VETERANS’ PREFERENCE age of 25 who do not have sufficient veteran’s status (as described here- bills or items in their own name in) only required if the applicant is Veterans’ preference will be award- may provide one or more proof doc- seeking veteran’s preference points. ed, when applicable, to eligible vet- uments bearing their own name and erans in accordance with Civil Cleveland address, and supplement NOTE: All correspondence, notifica- Service Rules 4.40E, 4.40F and it with the additional required tions, and certifications will be 4.40G. Proof of active service or a proofs from a spouse or blood rela- made with applicants via email. Any DD Form 214, must be presented to tive with whom they reside; provid- updates of email or your online pro- the Commission at the time of filed that such other person also file must be made at: [email protected] ing application for the examination provides a notarized statement that land.oh.us. in which credit is sought in order to the applicant has resided with them qualify for veterans’ credit. If the at that address for more than a year NOTE: YOU ARE NOT APPLYING applicant has received an honorable prior to the date of application and FOR AN IMMEDIATE JOB OPEN- discharge or a general discharge provides the missing documentation ING. YOU ARE APPLYING TO under honorable conditions that in their own name with their Cleve- TAKE AN EXAMINATION WHICH applicant shall receive an addition- land address. WILL BE USED TO CREATE AN al five (5) points added to their raw ELIGIBLE LIST FOR THIS JOB score on the examination. THE COMMISSION WILL CLASSIFICATION. THAT LIST NOT ENTERTAIN APPEALS FOR RESIDENCY CREDIT WILL BE USED FOR FUTURE VETERANS’ PREFERENCE OR HIRES IN THIS JOB CLASSIFICA- RESIDENCY CREDIT AFTER THE TION. In accordance with the Charter of the City of Cleveland: A person who APPLICANT HAS FILED HIS/HER has had as his/her primary resi- APPLICATION. THE DECISION OF SALARY: The prevailing salary for THE COMMISSION IS FINAL. this position as established by Ordi- dence in the City of Cleveland for nance of the Council of the City of at least one year at the time of fil- ANYONE WHO WISHES TO Cleveland is $14.29 - $19.45 per Hour. ing a Civil Service application, and desires to take an entry-level Civil REQUEST AN ACCOMMODATION MUST DO SO AT THE TIME OF EXAMINATION INFORMATION Service examination, shall, if a passing grade on the written examina- FILING. THE COMMISSION WILL TYPE: WRITTEN TEST: Applicants tion is attained, have ten (10) points CONTACT THE INDIVIDUAL CON- will be notified of the time, date, added to his/her passing score. CERNING SUCH ACCOMMODATION and place of the exams via email. PRIOR TO THE EXAMINATION. In order to receive residency credit, THE COMMISSION MAY REFUSE NOTE: All copies of diplomas, licens- applicants must present the origi- TO PROVIDE SUCH ACCOMMODA- es, certificates, resumes and any nals OR LEGIBLE COPIES of 3 dif- TION IF IT IS NOT REASONABLE ferent proofs of residency from ONE other required documents must be OR WOULD CONSTITUTE AN YEAR AGO* and 3 different proofs uploaded and included with your UNDUE HARDSHIP. CURRENT of residency that are CURRENT** Application when it is submitted. (WITHIN ONE YEAR) DOCUMEN- (A total of SIX documents) for ver- Applications without the required TATION SUPPORTING THE NEED ification at the time of filing. “Dif- documents will be rejected. FOR THE REQUESTED ACCOM- ferent” means that an applicant can MODATION IS REQUIRED. SUCH provide (for example) a bank state- DOCUMENTATION SHOULD BE Duties: ment from a year ago, and a current statement for the same bank SUBMITTED AT THE TIME OF Under general direction, assists the account, but cannot provide multiple FILING. public by providing information or statements from the same account redirection either by telephone or in for different months to satisfy the 3 AN EQUAL OPPORTUNITY EMPLOYER person. Sorts and distributes mail. proofs requirement. Assists other staff members in their APPROVED C.S.C. MINUTES understanding of and possible reso- Such proofs include: ANNOUNCEMENT NO. 75 lution of visitors problems, and other related duties as required. Fol- ‚ Driver’s License SENIOR DATA CONVERSION lows all operations and safety poli- ‚ Bank Statements OPERATOR (OPEN) cies and safe work practices. ‚ Utility Bills Attends and participates in opera- ‚ Mortgage or Lease Agreement Public notice is hereby given by the tions and safety training classes ‚ Bills from creditors not listed Civil Service Commission of Cleve- and demonstrates competence above land, Ohio, of an open competitive (demonstration of competence may ‚ Other Postmarked mail such as examination for the above classifi- be determined by exam.) Wears and magazines with name and mail- cation. properly utilizes safety equipment ing label attached, organization in accordance with Divisional policy newsletters, medical/dental bills, FILING OF APPLICATION: at all times. voter registration card, or motor vehicle registration Application must be made electroni- Minimum Qualifications: ‚ Insurance Statement (Home insur- cally through the City of Cleveland’s ance, rental insurance, car insur- web site: A High School Diploma or G.E.D. is ance or other insurance www.governmentjobs.com/careers/c required. Two years full time paid documents). leveland 1250 July 31, 2019 The City Record 79

No other form or method of appli- Duties: THE COMMISSION MAY REFUSE cation will be accepted. Absolutely TO PROVIDE SUCH ACCOMMODA- no paper applications will be accept- Under direct supervision, is respon- TION IF IT IS NOT REASONABLE ed. sible for creation and/or conversion OR WOULD CONSTITUTE AN of data to machine readable form or UNDUE HARDSHIP. CURRENT THE ELECTRONIC APPLICATION direct access for using keyboard, 10- (WITHIN ONE YEAR) DOCUMEN- PERIOD IS FROM 12:01 A.M. ON key, scanner, or other device(s). TATION SUPPORTING THE NEED FRIDAY, AUGUST 2, 2019 UNTIL Assists in the training of Data Con- FOR THE REQUESTED ACCOM- 11:59 P.M. ON THURSDAY, AUGUST version Operators and assumes the MODATION IS REQUIRED. SUCH 15, 2019. NOTE: APPLICATIONS duties of the supervisor in his/her DOCUMENTATION SHOULD BE WILL NOT BE ACCEPTED AFTER absence. Follows all operations and SUBMITTED AT THE TIME OF 11:59 P.M. ON THURSDAY, AUGUST safety policies and safe work prac- FILING. 15, 2019. tices. Attends and participates in operations and safety training class- AN EQUAL OPPORTUNITY EMPLOYER THE CIVIL SERVICE COMMIS- es and demonstrates competence SION’S POLICY IS THAT NO LATE (demonstration of competence may ROBERT BENNETT, FILING WILL BE ALLOWED. be determined by exam.) Wears and President properly utilizes safety equipment July 31, 2019 IMPORTANT NOTE: At the time of in accordance with Divisional policy at all times. submitting an application, copies of SCHEDULE OF THE BOARD the following items are required to be uploaded as attachments to that Minimum Qualifications OF ZONING APPEALS application: A High School Diploma or GED is 1. Proof of Education (as provided required. Three years of full time MONDAY, AUGUST 12, 2019 herein); paid experience as a computer oper- 2. DD-214 or other materials to prove ator (a position for which operating 9:30 A.M. veteran’s status (as described here- a computer to enter, manage, or in) only required if the applicant is manipulate data or similar tasks is Calendar No. 19-159: 10101 Woodland seeking veteran’s preference points a primary job function) is required. Avenue (Ward 6) State of Ohio (Forf) Case # BR 3. A valid Driver’s License (as pro- A valid State of Ohio Driver’s 12005687 and City of Cleveland provided herein) License is required. Must be able to pose to perform rock crushing on a *These items should be uploaded type 30 words per minute. property located in a B1 General under the “Attachments” tab in your Industry District. The owner application. NOTE: Minimum qualifications must be met as of the last day of the fil- appeals for relief from the strict ing period unless otherwise stated. application of the following sections NOTE: ONCE YOU SUBMIT YOUR of the Cleveland Codified Ordi- APPLICATION, FURTHER CHANGES nances: TO THAT APPLICATION WILL NOT NOTE: THE CIVIL SERVICE COM- MISSION RESERVES THE RIGHT 1. Section 325.572 which states that BE PERMITTED. All additional “Rock Crushing” means any activity attachments, correspondence, notifica- TO REVIEW AND EVALUATE ANY AND ALL INFORMATION CON- that uses mechanical processes to tions, and certifications will be made TAINED IN THE APPLICATION OR break down rock into gravel or with applicants via email. Any updates other small particulate matter. Rock RESUME. LACK OF HONESTY of email or your online profile must be means any man-made or naturally WILL RESULT IN IMMEDIATE made at: [email protected]. formed consolidated or coherent and REMOVAL FROM THE ELIGIBLE relatively hard mass of material LIST. NOTE: YOU ARE NOT APPLYING including but not limited to stone, FOR AN IMMEDIATE JOB OPEN- concrete, cement, asphalt, conglom- Any applicant that willfully pro- ING. YOU ARE APPLYING TO erate or any similar material. vides any false document, statement, 2. Section 345.04(b)(15) which TAKE AN EXAMINATION WHICH or certification in regard to any test WILL BE USED TO CREATE AN states that Crushing is prohibited as will be terminated from all process- the main or primary use it is per- ELIGIBLE LIST FOR THIS JOB ing, removed from any eligible list, CLASSIFICATION. THAT LIST mitted only as accessory or inciden- and may face possible criminal pros- tal to a permitted us and only if WILL BE USED FOR FUTURE ecution. HIRES IN THIS JOB CLASSIFICA- approved by the Board of Zoning TION. Appeals through a Special Permit VETERANS’ PREFERENCE granted in accordance with the standards of this section. In evaluating SALARY: The prevailing salary for Veterans’ preference will be award- this position as established by Ordi- applications for Special Permits ed, when applicable, to eligible vet- required by division (b) of this sec- nance of the Council of the City of erans in accordance with Civil tion, the Board of Zoning Appeals Cleveland is $13.47 - $20.16 per Hour. Service Rules 4.40E, 4.40F and shall act to ensure that the proposed 4.40G. Proof of active service or a use or development does not EXAMINATION INFORMATION DD Form 214, must be presented to adversely impact other properties the Commission at the time of fil- and the uses located on those prop- TYPE: WRITTEN EXAMINATION – ing application for the examination erties. In its evaluation of poten- This portion of the exam is worth in which credit is sought in order to tially adverse impacts, the Board 100% of your grade. qualify for veterans’ credit. If the shall consider, among others, the fol- TYPING EXAMINATION – This por- applicant has received an honorable lowing factors: tion of the exam is Pass/Fail. You discharge or a general discharge A. The degree to which dust, must type at least 30 words per under honorable conditions that smoke, cinders, heat, flares, odor, minute (gross words per minute applicant shall receive an addition- fumes, gases, radioactive materials, minus errors) in order to pass. al five (5) points added to their raw glare, noise, vibration and other score on the examination. potentially harmful emissions or Candidates will be notified of the externalities are effectively con- time, date, and place of the exams THE COMMISSION WILL fined to the premises of the pro- via email. NOT ENTERTAIN APPEALS FOR posed use. VETERANS’ PREFERENCE OR B. The nature and proximity of NOTE: CANDIDATES MUST PASS RESIDENCY CREDIT AFTER THE nearby uses with respect to their BOTH PARTS OF THIS EXAM IN APPLICANT HAS FILED HIS/HER vulnerability to the off-site impacts ORDER TO BE PLACED ON THE APPLICATION. THE DECISION OF of the proposed use; ELIGIBLE LIST. THE COMMISSION IS FINAL. C. The extent to which impacts of the proposed use are comparable to NOTE: All copies of diplomas, licens- ANYONE WHO WISHES TO the impacts typically associated es, certificates, resumes and any REQUEST AN ACCOMMODATION with the uses permitted in the Gen- other required documents must be MUST DO SO AT THE TIME OF eral Industry District without the uploaded and included with your FILING. THE COMMISSION WILL requirement for issuance of a Spe- Application when it is submitted. CONTACT THE INDIVIDUAL CON- cial Permit. D. Hours of operation of Applications without the required CERNING SUCH ACCOMMODATION the proposed use. E. Hazards asso- documents will be rejected. PRIOR TO THE EXAMINATION. ciated with combust, flammable or 1251 80 The City Record July 31, 2019 explosive materials on the property erected less than 10' from main garage erected as an accessory of the proposed use; F. The poten- building on adjoining lot; the appel- building shall not exceed six hun- tial for adverse impacts to streams, lant is proposing 7' and 9' - 9". dred fifty (650) square feet unless rivers and lakes; and G. Potentially 4. Section 357.09(b)(2)(B) which the lot area exceeds four thousand mitigating effects of landscaping, states that the required Interior Side eight hundred (4,800) square feet in buffering, or topographical features. Yard is 6.22' and the appellant is which event the floor area may be proposing 2'. increased in the ratio of one (1) Calendar No. 19-161: 1303 West 65th 5. Section 357.09(b)(4) which square foot for each twelve (12) Street (Ward 15) states that open front porches shall square feet of additional lot area. In II Rione, LLC., owner, proposes to not be less than 10' from property this case the maximum allowed add a new 540 square foot dining line; the appellant is proposing 4.6'. square footage is 756; and 1,006 area and a 1,140 square foot patio to This section also states that an open square feet are proposed. existing non-conforming restaurant balcony shall not project more than 2. Section 337.23(a) which states in a B1 Two-Family Residential Dis- 3'; proposing 6'. that an accessory building shall be trict. The owner appeals for relief 6. Section 341.02 (b) which states located a minimum of 18' from all from the strict application of the fol- that City Planning approval is property lines and at least ten feet lowing sections of the Cleveland required prior to the issuance of a from main building on an adjoining Codified Ordinances: building permit. (Filed July 10, lot. The proposed and existing 1. Section 337.03 which states that 2019) garage distance to the property line restaurant use is not permitted in a is unknown. Two Family Residence District; Calendar No. 19-171: 3294 Denison 3. Section 359.01(a) which states expansion of existing non-conform- Avenue (Ward 14) that a use of building or land law- ing use is not permitted except as a AnhQuynh T. Dinh, owner, pro- fully existing on the effective date zoning variance per Section poses to install a new 5 foot tall of this Zoning Code or of any 359.01(a). ornamental fence in the actual front amendment or supplement thereto, 2. Section 349.04(f) which states and side street yard of a property or for which a permit has been law- that restaurant use requires acces- located in a C2 Local Retail Busi- fully issued, may be continued even sory off-street parking at the rate of ness District. The owner appeals for though such use does not conform to one space for each employee, plus relief from the strict application of the provisions of this Zoning Code one for each 100 square feet of area the following section of the Cleve- for the use district in which it is devoted to patron use. land Codified Ordinances: located, but no enlargement or 3. Section 352.07(2)(B) which 1. Section 358.05(a)(2) which expansion shall be permitted except states that determination and states that a fence in the actual as a variance under the terms of approval of the Board of Zoning front yard and side street yards in Chapter 329, and no substitution or Appeals is required for an expan- Local Retail Business District shall other change in such nonconforming sion of use that is non-conforming not exceed 4 feet in height, and a 5 use to other than a conforming use in landscaping: use is non-conform- foot tall fence is proposed in actual shall be permitted except by special ing in the absence of a required 8 front and side street yard. (Filed permit from the Board of Zoning foot wide landscaped transition strip July 10, 2019) Appeals. Expansion of existing non- where use abuts two family resi- conforming building and uses, per dential district. (Filed June 28, 2019) Section 337.23(b), accessory use Calendar No. 19-172: 3815 Clark (garage) is not permitted prior to Avenue (Ward 14) Calendar No. 19-163: 7008 Clinton erection of a main building. (Filed Lorna Van Handel, owner, propos- Avenue (Ward 15) July 16, 2019) es to add new 5,294 square foot stor- Tom and Madalyn McIntyre, own- age building to existing storage ers, propose to install 40 linear feet Calendar No. 19-175: 1944 West 32nd business in a C2 Semi-Industry Dis- of 8 foot high wooden fence in the Street (Ward 3) rear yard of a house located in a B1 trict and an Urban Form Overlay St. Ignatius High School, owner, Two-Family Residential District. District. The owner appeals for proposes to convert building to The owner appeals for relief from relief from the strict application of school in a B1 Two-Family Resi- the strict application of Section the following sections of the Cleve- dential District. The owner appeals 358.04(a) which states that fences in land Codified Ordinances: for relief from the strict application the rear yard of a residential dis- 1. Section 348.04(d)(1)(A) which of the following sections of the trict may not exceed 6 feet in height states that the maximum setback of Cleveland Codified Ordinances: and an 8 foot fence is proposed. new buildings in Urban Form Over- 1. Section 337.02 which states that (Filed July 2, 2019) lay District is 8 feet: the proposed a public or private school is per- new building is set back approxi- mitted in a one or two family resi- Calendar No. 19-165: 12716 Buckeye mately 180 square feet. dential district if located not less Road (Ward 4) 2. Section 348.04(d)(2)(A) which than thirty (30) feet from any Nabil Zayed, owner, proposes to states that the Urban Form Overlay adjoin premises in a residence Dis- establish use as a restaurant in a District requires a minimum of 80% trict, and subject to the review and C2 Residence Office District. The buildout on principle street approval of the Board of Zoning owner appeals for relief from the frontage; the proposed buildout Appeals. Such review consists of strict application of Section 337.10 of along principle street frontage is public notice and public hearing, a the Cleveland Codified Ordinances less than 50% with proposed new determination if adequate yard which states that Restaurant use is building also not along principle spaces and other safeguards to pre- not permitted in Residence-Office street frontage. serve the character of the neighbor- zoning district. (Filed July 2, 2019) 3. Section 348.04(d)(3) which hood are provided, and if in the states that the new building is judgement of the Board such build- Calendar No. 19-169: 1372 West 58th required to have glazing along 75% ing and uses are appropriately locat- Street (Ward 15) of frontage between 3 and 8 feet; the ed and designed and will meet a Jennifer Koperdak & Dereck proposed building not on principle community need without adversely Boehm, owners, proposes to erect a street frontage and does not contain affecting the neighborhood. Campus 19' x 56' two story single family required glazing. parking plan should be presented at residence with a detached garage in 4. Section 341.02 which states that the hearing. Lot for proposed use is a B1 Two-Family Residential Dis- the approval of the City Planning abutting residential district. trict. The owner appeals for relief Commission is required. (Filed July 2. Section 341.02 which states that from the strict application of the fol- 11, 2019) review and approval of the Cleve- lowing sections of the Cleveland land Landmarks Commission is Codified Ordinances: Calendar No. 19-174: 308 East 151st required. (Filed July 17, 2019) 1. Section 337.23(a) which states Street (Ward 8) that an accessory garage shall not Kristian Sokolova, owner, to add Calendar No. 19-177: 4133 West 158th be less than 10' from a main build- 200 square feet to existing 880 Street (Ward 17) ing on an adjacent lot; the appellant square foot garage on a 6,080 square Mike Tabanji, owner, proposes to is proposing 4.5 feet. foot lot in an A1 One-Family Resi- build a 793 square foot wood frame 2. Section 355.04(b) which states dential District. The owner appeals single story garage on a 5,000 square that the maximum gross floor area for relief from the strict application foot lot in an A1 One-Family Resi- shall not exceed 50 percent of lot of the following sections of the dential District. The owner appeals size 1,620 square feet the appellant Cleveland Codified Ordinances: for relief from the strict application is proposing 1,989 square feet. 1. Section 337.23 (a)(6)(A) which of Section 337.23(a)(6)(A) which 3. Section 357.09(b)(2)(A) which states that in a Dwelling House Dis- states that in a Dwelling House Dis- states that no building shall be trict the floor area of a private trict the floor area of a private 1252 July 31, 2019 The City Record 81 garage erected as an accessory build- 1. Section 337.23(a) which states service garage in a C2 Local Retail ing shall not exceed six hundred that accessory garages shall not be Business District. (Granted pending fifty square feet unless the lot area less than 18 inches from all proper- revised site plan showing landscap- exceeds four thousand eight hundred ty lines and the appellant is proposing, painted chain link fence and square feet (4,800) in which event ing zero and 6 inches plus 1 inch for code conforming trash receptacle). the floor area may be increase in the the roof eaves. ratio of one (1) square foot for each 2. Section 341.02(b) which states Calendar No. 19-152: 1250 East 71st twelve (12) square feet of additional that City Planning approval is Street lot area. The maximum accessory required prior to the issuance of a Timothy Holt, owner, proposes to garage allowed in 667 square feet building permit. (Filed May 30, 2019 erect a two story frame platform and 793 square feet are proposed. - No Testimony) wolmanized wooden deck in a B1 (Filed July 18, 2019) First postponement made at the Two-Family Residential District. request of the appellant to allow for (Granted pending proof of owner- POSTPONED FROM JUNE 10, 2019 time to meet with City Planning ship of adjacent lot.) Commission. Calendar No. 19-47: 6007 Ellen Calendar No. 19-156: 2417 Oak Park Calendar No. 19-125: 10823 Grand- Avenue (Ward 15) Avenue Petru Stinea, owner, proposes to view Avenue (Ward 6) Greater Cleveland Habitat for Chester A. Arter, owner, proposes erect an 11' x 20' one story alu- to erect a laundry room addition in minum carport/patio to an existing Humanity proposes to erect a 1 and ½ story single family residence with a B1 Two-Family Residential Dis- single family residence in a B1 Two- trict. Family Residential District. The a detached garage on a Cuyahoga County Land Bank Lot in a B1 Two- owner appeals for relief from the Family Residential District. The Calendar No. 19-166: 1458 East 114th strict application of the following applicant appeals for relief from the Street sections of the Cleveland Codified strict application of the following New Frontier Development Group, Ordinances: sections of the Cleveland Codified owner, proposes to build a 28 space 1. Section 337.23(a) which states Ordinances: that all parking spaces shall be parking lot in a B1 Two-Family Res- 1. Section 337.23(a) which states idential District. (Granted pending located on the rear half of the lot that accessory garages shall not be (35 feet back). new site plan showing no parking less than 18 inches from all proper- on setback.) 2. Section 349.05(a) which states ty lines and the appellant is propos- that no parking shall be located ing zero and 6 inches plus 1 inch for within 10 feet of any wall of a res- the roof eaves. The following appeal was idential building that contains 2. Section 341.02(b) which states DENIED: ground floor windows. that City Planning approval is 3. Section 357.09(b)(2)(B) which required prior to the issuance of a Calendar No. 19-149: 4190 Patton states that the required interior side building permit. (Filed May 30, 2019 Road yard is 3 feet and the appellant is - No Testimony) Alexander Bryant, owner, propos- proposing 2 feet 7 inches. (Filed First postponement made at the es to erect 42 lineal feet of 6 feet March 22, 2019 - Testimony taken) request of the appellant to allow for tall wooden fence in an A1 One-Fam- Second postponement made at the time to meet with City Planning ily Residential District. request of the Board to allow time Commission. for the appellant to meet with Land- The following appeals were marks Commission. First postpone- Calendar No. 19-126: 10907 Grand- WITHDRAWN: ment made at the request of the view Avenue (Ward 6) Greater Cleveland Habitat for Landmarks Commission to allow for Calendar No. 19-62: 603 Herschel further review. Humanity proposes to erect a 1 and 1/2 story single family residence Court Brian Davine, owner, proposes to POSTPONED FROM JULY 1, 2019 with a detached garage on a Cuya- hoga County Land Bank Lot in a B1 construct a 3 1/2 story addition on a 3,220 square foot lot in a B1Two- Calendar No. 19-123: 10801 Grand- Two-Family Residential District. The applicant appeals for relief Family Residential District. view Avenue (Ward 6) from the strict application of the fol- Greater Cleveland Habitat for lowing sections of the Cleveland Division of Park Humanity proposes to erect a 1 and Codified Ordinances: Maintenance and Properties 1/2 story single family residence 1. Section 337.23(a) which states Calendar No. 19-68: 10409 Meech with a detached garage on a Cuya- that accessory garages shall not be hoga County Land Bank Lot in a B1 Avenue less than 18 inches from all proper- Number Two Grace LLC., owner, Two-Family Residential District. ty lines and the appellant is propos- The applicant appeals for relief appeals under the authority of Sec- ing zero and 6 inches plus 1 inch for tion 76-6(b) of the Charter of the from the strict application of the fol- the roof eaves. lowing sections of the Cleveland City of Cleveland and Section 2. Section 341.02(b) which states 329.02(d) of the Cleveland Codified Codified Ordinances: that City Planning approval is Ordinances from the decision of 1. Section 337.23(a) which states required prior to the issuance of a Natasha Bruister, Project Coordina- that accessory garages shall not be building permit. (Filed May 30, 2019 less than 18 inches from all proper- - No Testimony) tor, for the Division of Park Main- ty lines and the appellant is propos- First postponement made at the tenance and Properties on March 13, ing zero and 6 inches plus 1 inch for request of the appellant to allow for 2019 regarding Invoice WO-7010- the roof eaves. time to meet with City Planning 465123. 2. Section 341.02(b) which states Commission. that City Planning approval is Division of Park required prior to the issuance of a Maintenance and Properties building permit. (Filed May 30, 2019 REPORT OF THE BOARD Calendar No. 19-69: 10409 Meech - No Testimony) OF ZONING APPEALS Avenue First postponement made at the Number Two Grace LLC., owner, request of the appellant to allow for appeals under the authority of Sec- time to meet with City Planning MONDAY, JULY 29, 2019 tion 76-6(b) of the Charter of the Commission. City of Cleveland and Section At the meeting of the Board of 329.02(d) of the Cleveland Codified Calendar No. 19-124: 10805 Grand- Zoning Appeals on Monday, July 29, Ordinances from the decision of view Avenue (Ward 6) 2019 the following appeals were Natasha Bruister, Project Coordina- Greater Cleveland Habitat for scheduled for hearing before the Humanity proposes to erect a 1 and Board. tor, for the Division of Park Main- 1/2 story single family residence tenance and Properties on March 13, with a detached garage on a Cuya- The following appeals were 2019 regarding Invoice WO-7010- hoga County Land Bank Lot in a B1 APPROVED: 546250. Two-Family Residential District. The applicant appeals for relief Calendar No. 19-93: 3807 East 93rd The following appeals were DIS- from the strict application of the fol- Street MISSED: lowing sections of the Cleveland Andrico Marshall, owner, proposes Codified Ordinances: to establish uses as a motor vehicle None. 1253 82 The City Record July 31, 2019

The following cases were POST- REPORT OF THE BOARD dated July 9, 2019 of the Director of PONED: the Department of Building and OF BUILDING STANDARDS Housing, requiring compliance with Calendar No. 19-147: Michael Rastat- AND BUILDING APPEALS the Codified Ordinances of the City ter. of Cleveland and the Ohio Building 1809 West 50th Street. Postponed Code (OBC). to September 9, 2019. BE IT RESOLVED, a motion is in Re: Report of the Meeting of order at this time to GRANT the July 24, 2019 Calendar No. 19-164: BFR Cleveland Appellant request for variance to Office LLC. allow the existing non-rated corridor As required by the provisions of 4100 West 150th Street. Postponed to remain non-rated; the property is Section 3103.20(2) of the Codified to September 9, 2019. REMANDED to the Department of Ordinances of the City of Cleveland, Building and Housing for supervi- The following cases were heard Ohio 1976, the following brief of sion and any required further by the Board of Zoning Appeals on action of the subject meeting is given action. Motion so in order. Motioned Monday, July 22, 2019 and the deci- for publication in the City Record: by Mr. Maschke and seconded by Mr. sions were adopted and approved on Bradley. Monday, July 29, 2019. * * * Yeas: Messrs. Denk, Bradley, Maschke. Nays: None. Absent: The following cases were Docket A-107-19. Messrs. Gallagher, Saab. APPROVED: RE: Appeal of Alfred Martin, Owner of the F-1 Factory-Moderate * * * Waste Collection Ticket Hazard (Combustibles) One Story Calendar No. 19-104: 701 East 127th Masonry Property located on the Docket A-93-19. Street premises known as 3005 East 81st RE: Appeal of Lorraine Johnson, Greeners Inc., appeals under the Street appeals from a NOTICE OF Owner of the Two Dwelling Units authority of Section 76-6 of the Char- VIOLATION — MAIN STRUCTURE, Two-Family Residence Two and ter of the City of Cleveland and Sec- dated April 23, 2019, of the Director Half Story Wood Frame/Siding/ tion 329.02(d) of the Cleveland of the Department of Building and Masonry Veneer Property, located Codified Ordinances and disputes Housing, requiring compliance with on the premises know as 2792 East the decision of the hearing examin- the Codified Ordinances of the City 125th Street appeals from a NOTICE er in Parking Violations Bureau on of Cleveland and the Ohio Building OF VIOLATION — FIRE DAMAGE, May 1, 2019 concerning the City of Code (OBC). dated March 21, 2019 of the Director Cleveland Waste Collection issuance BE IT RESOLVED, a motion is in of the Department of Building and of Civil Infraction Ticket Number order at this time to DENY the Housing, requiring compliance with WC40082273 issued January 15, 2019 Appellants request for additional the Codified Ordinances of the City regarding failure to comply with time and REMAND the property of Cleveland and the Ohio Building Section 551.111(B) in the Cleveland back to the Department of Building Code (OBC). Codified Ordinances. and Housing; the property is BE IT RESOLVED, a motion is in REMANDED to the Department of order at this time to GRANT the Calendar No. 19-111: 2175 Columbus Building and Housing for supervi- Appellant until September 1, 2019 to Road sion and any required further complete abatement of the violation; Robert Kennedy, owner, proposes action. Motion so in order. Motioned the property is REMANDED to the to establish use as a fitness center by Mr. Bradley and seconded by Mr. Department of Building and Hous- in a G2 Limited Retail Business Dis- Maschke. ing for supervision and any required trict and an Urban Overlay District. Yeas: Messrs. Denk, Bradley, further action. Motion so in order. Maschke. Nays: None. Absent: Motioned by Mr. Maschke and sec- Calendar No. 19-127: 16601 Euclid Avenue Messrs. Gallagher, Saab. onded by Mr. Bradley. Ahmad Sliman, owner, proposes to Yeas: Messrs. Denk, Bradley, erect a 22.5 feet tall, 60 square foot * * * Maschke. Nays: None. Absent: illuminated, double faced, freestand- Messrs. Gallagher, Saab. ing sign, for a service station in a Docket A-108-19. D2 Local Retail Business District. RE: Appeal of Joyce Hanna, * * * Owner of the R-2 Residential-Non- Calendar No. 19-143: 701 East 162nd transient; Apartments (Shared Docket A-99-19. Street Egress) Two Story Masonry Proper- RE: Appeal of Amanda Peterson, Eden Inc., owner, proposes to ty located on the premises known as Owner of the Two Dwelling Units erect a 21' x 29' two story frame 515 East 105th Street appeals from Two-Family Residence Two Story two family residence without park- a NOTICE OF VIOLATION — LEAD, Frame Property, located on the ing spaces in a B1 Two-Family Res- dated April 1, 2019 of the Director premises know as 4207 Archwood idential District. of the Department of Building and Avenue appeals from a NOTICE OF Housing, requiring compliance with VIOLATION — EXTERIOR MAIN- Calendar No. 19-145: 2214 West 20th the Codified Ordinances of the City Street TENANCE, dated March 25, 2019 of of Cleveland and the Ohio Building the Director of the Department of Jason Petroff & Michael Rigol, Code (OBC). owners, propose to install a 26" x Building and Housing, requiring BE IT RESOLVED, a motion is in compliance with the Codified Ordi- 26" air conditioning unit in the inte- order at this time to GRANT the rior side yard of a residence locat- nances of the City of Cleveland and Appellant until September 1, 2019 to ed in a B1 Two-Family Residential the Ohio Building Code (OBC). install all required smoke and car- District contrary to section BE IT RESOLVED, a motion is in bon monoxide detectors and until 357.09(b)(2)(B) of the Cleveland order at this time to GRANT the November 1, 2019 to complete abate- Codified Ordinances which states Appellant until November 1, 2019 to ment of the lead violations; the prop- that an air conditioning unit is not complete abatement of the viola- erty is REMANDED to the a permitted interior side yard tions; the property is REMANDED to encroachment. Department of Building and Hous- ing for supervision and any required the Department of Building and Housing for supervision and any Calendar No. 19-150: 1258 West 65th further action. Motion so in order. required further action. Motion so in Street Motioned by Mr. Bradley and sec- order. Motioned by Mr. Maschke and Barbara Kightlinger, owner, pro- onded by Mr. Maschke. poses to erect a 3 story frame sin- Yeas: Messrs. Denk, Bradley, seconded by Mr. Bradley. gle family residence with an Maschke. Nays: None. Absent: Yeas: Messrs. Denk, Bradley, attached garage in a B1 Two-Fami- Messrs. Gallagher, Saab. Maschke. Nays: None. Absent: ly Residential District. Messrs. Gallagher, Saab. * * * Calendar No. 19-151: 1260 West 65th * * * Street Docket A-193-19. Barbara Kightlinger, owner, pro- RE: Appeal of Coyne Investments, Docket A-100-19. poses to erect a 4 story frame sin- Ltd., Appeals from an ADJUDICA- RE: Appeal of Don Lutz, Owner of gle family residence with an TION ORDER - B19016990-1: Item 4 the Two Dwelling Units Two-Fami- attached garage in a B1 Two-Fami- Section 716 OBC; Item 5 Section 1020 ly Residence Two Story Frame Prop- ly Residential District. OBC; Item 6 Page M2.0-Section 717 erty, located on the premises know OBC; Item 7 Table 717 OBC; Item 8 as 1114 Auburn Avenue appeals Secretary Pages A1 & A4; Section 106.11 OBC, from a NOTICE OF VIOLATION — 1254 July 31, 2019 The City Record 83

INTERIOR/EXTERIOR MAINTE- Story Wood Frame/Siding/Masonry AMENDED RESOLUTIONS NANCE, dated April 18, 2019 of the Veneer Property, located on the Director of the Department of Build- premises know as 2176 East 103rd Docket A-91-19. ing and Housing, requiring compli- Street appeals from a NOTICE OF Carla McGugan — 11014 Green- ance with the Codified Ordinances VIOLATION — EXTERIOR MAIN- wich Avenue: of the City of Cleveland and the TENANCE, dated March 28, 2019 of Ohio Building Code (OBC). the Director of the Department of FROM: … a motion is in order at BE IT RESOLVED, a motion is in Building and Housing, requiring this time to DENY the Appellant order at this time to GRANT the compliance with the Codified Ordi- request for additional time and Appellant until August 12, 2019 to nances of the City of Cleveland and REMAND the property to the complete abatement of the viola- the Ohio Building Code (OBC). Department of Building and Hous- tions; the property is REMANDED to BE IT RESOLVED, a motion is in ing, noting continuing inaction and the Department of Building and order at this time to DENY the frequent boarding of the property; Housing for supervision and any Appellant's request for additional the property is REMANDED … required further action. Motion so in time to abate the violations, noting order. Motioned by Mr. Maschke and that the stairway is collapsed and TO: …to a motion is in order to seconded by Mr. Bradley. the appellant is not presented; the GRANT the Appellant until October Yeas: Messrs. Denk, Bradley, property is REMANDED to the 1, 2019 to obtain permits for the ren- Maschke. Nays: None. Absent: Department of Building and Hous- ovation of the property; the proper- Messrs. Gallagher, Saab. ing for supervision and any required ty is REMANDED to the Department further action. Motion so in order. of Building & Housing for supervi- * * * Motioned by Mr. Bradley and sec- sion and any required further onded by Mr. Maschke. action… Docket A-101-19. Yeas: Messrs. Denk, Bradley, RE: Appeal of LBT Enterprises, Maschke. Nays: None. Absent: Yeas: Messrs. Denk, Bradley, LLC, Owner of the Three Dwelling Messrs. Gallagher, Saab. Maschke. Nays: None. Absent: Units Three-Family Residence Two Messrs. Gallagher, Saab. and Half Story Frame Property, * * * located on the premises know as * * * 866 Eddy Road appeals from a Docket A-104-19. NOTICE OF VIOLATION — INTE- RE: Appeal Loretta Poindexter, Docket A-92-19. RIOR/EXTERIOR MAINTENANCE, Owner of the One Story Garage- Kenneth Kirkland — 15001 dated April 8, 2019 of the Director Detached; Wood Frame Property, of the Department of Building and located on the premises know as Lakeshore: Housing, requiring compliance with 4067 East 176th Street appeals from the Codified Ordinances of the City a NOTICE OF VIOLATION — CON- FROM: … a motion is in order at of Cleveland and the Ohio Building DEMNATION-GARAGE, dated March this time to DENY the Appellant Code (OBC). 28, 2019 of the Director of the request for additional time and to BE IT RESOLVED, a motion is in Department of Building and Hous- REMAND the property to the order at this time for an immediate ing, requiring compliance with the Department of Building and Hous- inspection be made of the property Codified Ordinances of the City of ing; the property is REMANDED … for compliance of all safety issue Cleveland and the Ohio Building and to GRANT the Appellant until Code (OBC). TO: …to a motion is in order to September 1, 2019 to complete abate- BE IT RESOLVED, a motion is in GRANT the Appellant until August ment of the violations; the property order at this time to DENY the 1, 2019 to complete abatement of the is REMANDED to the Department of Appellant's request for additional violations; the property is REMAND- Building and Housing for supervi- time and to REMAND the property ED to the Department of Building & sion and any required further to the Department of Building and action. Motion so in order. Motioned Housing for supervision and any by Mr. Maschke and seconded by Mr. Housing, noting the appellant is not required further action… Bradley. present and no work has been done; Yeas: Messrs. Denk, Bradley, the property is REMANDED to the Yeas: Messrs. Denk, Bradley, Maschke. Nays: None. Absent: Department of Building and Hous- Maschke. Nays: None. Absent: Messrs. Gallagher, Saab. ing for supervision and any required Messrs. Gallagher, Saab. further action. Motion so in order. * * * Motioned by Mr. Bradley and sec- * * * onded by Mr. Maschke. Docket A-102-19. Yeas: Messrs. Denk, Bradley, APPROVAL OF RESOLUTIONS RE: Appeal of MGB Realty Com- Maschke. Nays: None. Absent: pany LLC, Owner of the Three Messrs. Gallagher, Saab. Separate motions were entered by Dwelling Units Three-Family Resi- Mr. Gallagher and seconded by Mr. dence Two Story Masonry Property, * * * Maschke for Approval and Adoption located on the premises know as of the Resolutions as presented by 1776 Fulton Avenue appeals from a Docket A-105-19. the Secretary for the following NOTICE OF VIOLATION — INTE- RE: Appeal Leon Gibson, Owner of Dockets respectively, subject to the the Two Dwelling Units Two-Fami- RIOR/EXTERIOR MAINTENANCE, Codified Ordinances of the City of ly Residence One and Half Story dated March 22, 2019 of the Director Cleveland and the Ohio Building Garage-Detached; Wood Frame of the Department of Building and Code (OBC): Housing, requiring compliance with Property, located on the premises know as 11818 Hamlen Avenue the Codified Ordinances of the City A-90-19 — Carol Hubley of Cleveland and the Ohio Building appeals from a NOTICE OF VIOLA- A-91-19 — Carla McGugan (amend- Code (OBC). TION — CONDEMNATION-GARAGE, ed) BE IT RESOLVED, a motion is in dated April 12, 2019 of the Director order at this time to GRANT the of the Department of Building and A-92-19 — Kenneth Kirkland Appellant until September 1, 2019 to Housing, requiring compliance with (amended) complete abatement of the viola- the Codified Ordinances of the City A-94-19 — Jacqueline A. Johns tions; the property is REMANDED to of Cleveland and the Ohio Building A-97-19 — Lion of Judah Christian the Department of Building and Code (OBC). Family Center Housing for supervision and any BE IT RESOLVED, a motion is in A-98-19 — Edgar Cortes required further action. Motion so in order at this time to GRANT the order. Motioned by Mr. Maschke and Appellant until January 1, 2020 to Yeas: Messrs. Denk, Bradley, seconded by Mr. Bradley. complete demolition of the garage Maschke. Nays: None. Absent: Yeas: Messrs. Denk, Bradley, as proposed; the property is Messrs. Gallagher, Saab. Maschke. Nays: None. Absent: REMANDED to the Department of Messrs. Gallagher, Saab. Building and Housing for supervi- * * * sion and any required further * * * action. Motion so in order. Motioned APPROVAL OF MINUTES by Mr. Bradley and seconded by Mr. Docket A-103-19. Maschke. Separate motions were entered by RE: Appeal Felton Pitts Sr., Owner Yeas: Messrs. Denk, Bradley, Mr. Maschke and seconded by Mr. of the Two Dwelling Units Two- Maschke. Nays: None. Absent: Gallagher for Approval and Adop- Family Residence Two and Half Messrs. Gallagher, Saab. tion of the Minutes as presented by 1255 84 The City Record July 31, 2019 the Secretary, subject to the Codi- the investment portfolio is subject The City’s Internal Auditor will fied Ordinances of the City of Cleve- to public review and evaluation. The review the investment program to land and the Ohio Building Code overall program shall be designed ensure compliance with this policy. (OBC): and managed with a degree of pro- fessionalism that is worthy of the Standard of Prudence July 10, 2019 public trust. The standard of prudence to be Yeas: Messrs. Denk, Bradley, Scope of the Investment Policy applied to the investment of the City Maschke. Nays: None. Absent: of Cleveland shall be the industry Messrs. Gallagher, Saab. This policy applies to the invest- standard “Prudent Investor Rule”, ment of all moneys of the City of which states: * * * Cleveland under the custody and/or control of the Division of Treasury. “Investments shall be made JOSEPH F. DENK Any practice not clearly authorized with judgment and care, under Chairman under this policy is prohibited. The circumstances then prevailing guidance set forth herein is to be which persons of prudence, dis- strictly followed by all those respon- cretion and intelligence exercise sible for any aspect of the manage- PUBLIC NOTICE in the management of their own ment or administration of these affairs, not for speculation, but funds. for investment, considering the probable safety of their capital NONE The City’s investments shall be seg- as well as the probable income to regated into distinct portfolios, be derived.” including portfolios for the General NOTICE OF PUBLIC HEARING Fund, and the Divisions of Water, Treasury staff acting in accordance Airport, Utilities, Cemeteries, Safety, and Railroads. Total Average Port- with this policy or any other written procedures pertaining to the NONE folio, as defined in this policy, shall mean the average of the month-end administration and management of market values for the prior twelve the City of Cleveland and who exer- (12) month period of an individual cise the proper due diligence shall DEPARTMENT OF FINANCE portfolio. be relieved of personal responsibili- DIVISION OF TREASURY ty for an individual security’s cred- The City of Cleveland bond proceeds it risk or market price changes, shall be invested in the eligible provided that these deviations are STATEMENT OF CASH securities as established by the reported immediately to the Trea- MANAGEMENT AND applicable bond indentures. surer and that appropriate action is INVESTMENT POLICY taken to control and prevent any Investment Objectives further adverse developments. Effective March 27, 2015 All Portfolios shall be managed to Ethics and Conflict of Interest Table of Contents accomplish the following hierarchy of objectives: Employees involved in the invest- Purpose ...... 3 ment process shall refrain from per- Scope of Investment Policy ...... 3 1. Preservation of Principal – The sonal business activity that could Investment Objectives...... 3 single most important objective conflict with the proper execution Delegation of Authority...... 4 of the City of Cleveland invest- and management of the investment Standard of Prudence ...... 4 ment program is the preserva- program, or that could impair their Ethics and Conflict of Interest...... 4 tion of principal of those funds ability to make impartial decisions. Authorized Investments ...... 5 within the Portfolio. Further, no employee involved in Diversification...... 5 the investment process shall use the Maximum Maturity...... 6 2. Maintenance of Liquidity – The authority to influence of office or Prohibited Investments Portfolio shall be managed in employment to secure anything of and Investment Practices...... 6 such a manner that assures that value or the promise or offer of any- Monitoring and Adjusting funds are available as needed thing of value that would create an the Portfolio ...... 6 to meet those immediate and/or Internal Controls...... 7 future operating requirements improper influence upon the public Eligible Banks and of the City of Cleveland. official or employee with respect to Broker/Dealers ...... 7 that person’s duties. Competitive Selection of 3. Maximize Return – The Portfo- Investment Instruments ...... 7 lio shall be managed in such a Employees and investment officials Safekeeping and Custody ...... 8 fashion as to attain a market- shall comply fully with the report- Performance Standards...... 8 average rate of return through- ing and disclosure requirements of Reporting ...... 8 out budgetary and economic Chapter 102 of the Ohio Revised Conflict of Law ...... 8 cycles, within the context and Code. Investment Policy Effective Date .8 parameters set forth by objectives 1 and 2 above. Authorized Instruments Purpose Delegation of Authority The Treasurer is authorized to The purpose of this document is to invest the funds of the City of identify the policy that will govern The Treasurer is responsible for the Cleveland in instruments as the investment activities of the prudent investment of the City of described in section 178.12 of the Treasurer’s Office of the City of Cleveland Treasury and shall over- Codified Ordinances as summarized Cleveland. This policy has been see the establishment of investment and restricted below: adopted by, and, if necessary, will procedures consistent with this pol- be revised on an annual basis by, icy. Such procedures shall include A. U.S. Treasury Obligations. United the Director of Finance. explicit delegation of authority to States Treasury bills, notes, or persons responsible for investment any other obligation or security This policy is designed to ensure transactions. No person may engage issued by the United States Trea- prudent management of public in an investment transaction except sury or any other obligation funds, conformance to Chapter 178 as provided under the terms of this guaranteed as to principal and of the Codified Ordinances of the policy and the procedures estab- interest by the United States. City of Cleveland, availability of lished by the Treasurer. The Trea- operating and capital funds when surer shall be responsible for all B. Federal Agency Obligations. needed, and an investment return trades undertaken, and shall estab- Bonds, notes, debentures, or other competitive with comparable funds lish a system of controls to regulate obligations or securities issued and financial market indices. the activities of subordinate offi- by any federal government cials and shall exercise control over agency or instrumentality. All participants in the investment that staff. Investment staff shall be process shall act responsibly as cus- bonded in amounts appropriate to C. State and Municipal Bonds and todians of the public trust. Invest- levels of responsibility and portfolio Notes. Bonds and notes of the ment officials shall recognize that characteristics. State of Ohio, and any municipal 1256 July 31, 2019 The City Record 85

corporation, village, county, Each Portfolio will be further diver- sale of an owned investment. It is township, or other political sub- sified to limit the exposure to any the policy of the City of Cleveland division of Ohio for which the one issuer. No more than 2% of the to charge any such loss against the full faith and credit of the sub- Total Average Portfolio will be interest income account during the division is pledged, so long as invested in the securities of any sin- month in which the loss was real- such subdivision has not default- gle issuer with the following excep- ized. ed in the payment of principal or tions: interest on its bonds or notes The Division of Financial Reporting within the last ten (10) years. U.S. Government & Control, on a monthly basis, allo- Obligations 100% maximum cates the net income/losses earned D. State Pool. State of Ohio Local Money Market on investments of pooled/commin- Agency Investment Pool (STAR Mutual Funds 10% maximum gled funds. The earnings are allo- Ohio) authorized under section Repurchase Agreements cated based on each participating 135.45 of the Ohio Revised Code. Counterparties 5% maximum fund’s cash balance in proportion to total pooled/commingled cash. E. Bank Deposits. Time certificates Maximum Maturity of deposit (not to exceed one [1] Internal Controls year) or savings or deposit Maintenance of adequate liquidity to accounts in an eligible institu- meet the cash flow needs of the City The City Treasurer is responsible tion as defined in Chapter 178 of is essential. Accordingly, each Port- for monitoring a system of internal the Codified Ordinances of the folio will be structured in a manner controls governing the administra- City of Cleveland. Collateraliza- that ensures sufficient cash is avail- tion and management of the Portfo- tion is required on all deposits of able to meet anticipated liquidity lio which include a review of all City funds as stated in Chapter needs. Selection of investment matu- investment activity, trade reconcili- 178 of the Codified Ordinances of rities must be consistent with the ation, and targeting cash balances. the City of Cleveland. cash requirements in order to avoid Such controls are designed to pre- the forced sale of securities prior to vent and control losses of the City F. U.S. Government money market maturity. funds arising from fraud, employee mutual funds. Issued by open error, misrepresentation by third Assets will be invested in permitted ended investment companies reg- parties, unanticipated changes in investments with a stated maturity istered with the SEC, with an financial markets, or imprudent of no more than five (5) years from average maturity of one hundred actions by any personnel. The inter- the date of purchase unless the secu- twenty (120) days or less, which nal controls address: control of col- rity is matched to a specific obliga- lusion, separation of duties, have the objective of maintain- tion or debt of the City. To control ing a constant net asset value separating transaction authority the volatility of the assets, the Trea- from accounting and record keeping, per share, and which invest surer of the City will determine a exclusively in U.S. Treasury custodial safekeeping, clear delega- duration target, not to exceed three tion of authority, written confirma- Obligations, Federal Agency (3) years. Obligations, and repurchase tion of telephone transactions, minimizing the number of autho- agreements secured by such Notwithstanding these limitations, rized investments officials and doc- obligations. in no case will the assets in any umentation of investment Portfolio be invested in securities transactions. G. Repurchase Agreements. Specific with a term to maturity that agreements shall not exceed a exceeds the expected disbursement term of one (1) year with any eli- date of those funds. Eligible Banks and Broker/Dealers gible depository or designated securities broker/dealer which Prohibited Investments and Invest- The Director of Finance will estab- has entered into a master repur- ment Practices lish and the Treasurer will maintain chase agreement pursuant to a list of eligible brokers, dealers, Codified Ordinance Section 178.12, The Treasurer is expressly prohib- and banks with which investment division (c), under the terms of ited from the following investments transactions can be made, as which agreement the City Trea- and investment practices. This is described in Section 178.11 of the surer purchases for the City, and not an exclusive list. Codified Ordinances of the City of such eligible depository or secu- Cleveland. Qualified firms will be rities broker/dealer agrees to 1. Short sales (selling a specific limited to “primary” dealers and unconditionally repurchase, any security before it has been other dealers that qualify under of the securities listed in Section legally purchased); Securities and Exchange Commis- 178.12, divisions (b)(1), (b)(2), or sion Rule 15C3-1 (uniform net capi- (b)(3), of the Codified Ordi- 2. Investment in complex deriva- tal rule) that are registered with nances of the City of Cleveland. tives such as range notes, dual the Ohio Department of Commerce index notes, inverse floating to do business in the State of Ohio. Diversification rate notes and deleveraged All financial institutions and broker notes, or notes linked to lag- dealers must provide the following information, on an annual basis: Each Portfolio shall be structured to ging indices or to long-term diversify investments to reduce the indices; 1. Sworn statement pledging to risk of loss resulting from over-con- adhere to “Capital Adequacy centration of assets in a specific 3. Collateralized mortgage obligations (CMOs) and real estate Standards” maturity, a specific issuer or a spe- mortgage investment conduits cific type of security. The maximum (REMICs); 2. Annual financial statements for percentage of the Total Average the most recent year showing Portfolio permitted in each security 4. Investing in any security not the amount of liquid capital is as follows: specifically permitted by this Policy. 3. A written statement from a cer- A. U.S. Treasury 100% maximum tified public accountant certify- B. Federal Agency Monitoring and Adjusting the Port- ing no weakness in the internal (Fixed Rate) 100% maximum folio systems of controls of the deal- C. Federal Agency er or broker were found (Callable) 55% maximum Those responsible for the day-to-day D. Certificates of management of the Portfolios will 4. A completed “Broker/Dealer Deposit 25% maximum routinely monitor the contents of Request for Information” and E. Repurchase each Portfolio, the available mar- all documentation required by Agreements 25% maximum kets and the relative values of com- Section 178.12 of the Codified F. State Bonds peting instruments, and will adjust Ordinances of the City of Cleve- and Notes 10% maximum each Portfolio as necessary to meet land. G. Municipal Bonds the investment objectives listed and Notes 10% maximum above. It is recognized and under- Preference will be given to banks H. STAR Ohio 75% maximum stood that this non-speculative and broker/dealers who are head- I. Money Market active management of Portfolio quartered or maintain a presence in Mutual Funds 75% maximum holdings may cause a loss on the the City of Cleveland. 1257 86 The City Record July 31, 2019

Financial institutions and sworn statement (Daily Treasurer’s on these forms may result in can- broker/dealers will be required to Report) showing the total amount cellation of the contract or other comply with this policy and to deposited in and withdrawn from civil or criminal penalties.” pledge to offer for sale only appro- each depository from the preceding priate securities. business day. Within fifteen (15) THURSDAY, AUGUST 1, 2019 business days of the end of the Competitive Selection of Investment month, the City Treasurer shall sub- File No. 99-19 — Network Infra - Instruments mit an investment report to the structure Refresh Project, for the Director of Finance. This report Division of Airport Systems, It will be the policy of the Trea- shall include: (i.) a listing of the Department of Port Control, as surer to transact all security pur- existing portfolios in terms of authorized by Ordinance No. 557-19, chases/sales only with approved investment securities, book value, passed by the Council of the City of financial institutions through a com- maturity date, return, market value, Cleveland, April 29, 2019. petitive process. The City shall and other features deemed relevant, THERE WILL NO NON-MANDATO- accept the offer which (a) has the (ii.) a listing of all transactions exe- RY PRE-BID MEETING FOR highest rate of return within the cuted during the month. The City THIS PROJECT. maturity required; and (b) optimizes Treasurer will also prepare annual NOTE: BID MUST BE DELIVERED the investment objective of the over- reports in sufficient detail to pro- TO THE OFFICE OF THE COM- all portfolio. When selling a securi- vide full disclosure of all investment MISSIONER OF PURCHASES ty, the Treasurer will select the bid activities to the Director of Finance. AND SUPPLIES, CLEVELAND that generates the highest sale CITY HALL, 601 LAKESIDE price. Conflict of Law AVENUE, ROOM 128, CLEVE- LAND, OHIO 44114 BEFORE 12 Primary fixed price Federal Agency In the event that any portion of this O’CLOCK NOON (EASTERN offerings may be purchased from policy is in conflict with any City, TIME). the list of qualified broker/dealers State, or Federal law, that law will prevail. without competitive solicitation. July 24, 2019 and July 31, 2019

In making investment decisions, all Investment Policy Effective Date THURSDAY, AUGUST 15, 2019 other things being equal and subject to compliance with any applicable This policy is adopted this 27th day File No. 100-19 — East 131st Street Internal Revenue Code requirements of March 2015 and shall remain in Project, for the Division of for bond proceeds, investment in cor- effect until rescinded or amended by Engineering and Construction, porations and financial institutions the Director of Finance. Office of Capital Projects, as doing business in the City of Cleve- authorized by Ordinance No. 1104- land will be given preference over James Hartley 18, passed by the Council of the City other investment options. Acting Director of Finance of Cleveland, October 15, 2018. _____ THERE WILL BE A NON-REFUND- Safekeeping and Custody July 31, 2019 ABLE FEE FOR PLANS AND SPECIFICATIONS IN THE All investment securities purchased AMOUNT OF SEVENTY-FIVE by the Treasurer or held as collat- DOLLARS ($75.00) ONLY IN THE eral on deposits or investments shall CITY of CLEVELAND BIDS FORM OF A CASHIER’S CHECK be held in third-party safekeeping at OR MONEY ORDER (NO COM- the Federal Reserve Bank or at a PANY CHECKS, NO CASH, AND secured and insured depository as NO CREDIT CARDS WILL BE required by Chapter 178 of the City For All Departments ACCEPTED TO PURCHASE of Cleveland Codified Ordinance and PLANS. ALL PLANS AND SPEC- Section 113.05 of the Ohio Revised Sealed bids will be received at the IFICATIONS MUST BE PUR- Code. office of the Commissioner of Pur- CHASED DIRECTLY FROM chases and Supplies, Room 128, City THE DIVISION OF PURCHASES All securities in the Portfolio shall Hall, in accordance with the append- AND SUPPLIES. BIDDERS MUST be held in the name of the Trea- ed schedule, and will be opened and BE ON THE PLAN-HOLDERS surer of the City of Cleveland and read in Room 128, City Hall, imme- LIST TO SUBMIT A BID OR diately thereafter. will be free and clear of any lien. RECEIVE ANY ADDENDA.) Each bid must be made in accor- Further, all investment transactions OUT-OF-AREA BIDDERS MAY dance with the specifications and will be conducted on a delivery-vs.- SEND THEIR NON-REFUND- must be submitted on the blanks payment basis. The depository shall ABLE FEE FOR PLANS VIA supplied for the purpose, all of issue a safekeeping receipt to the FED EX DELIVERY TO: CITY Treasurer listing the specific instru- which may be obtained at the office of the said Commissioner of Pur- OF CLEVELAND, DIVISION OF ment, rate, maturity and other per- PURCHASES AND SUPPLIES, tinent information. chases and Supplies, but no bid will be considered unless delivered to CLEVELAND CITY HALL, 601 the office of the said commissioner LAKESIDE AVENUE ROOM 128, Appropriate Treasury officials and previous to 12:00 noon (Eastern CLEVELAND, OHIO 44114. representatives of the depository Standard Time) on the date speci- INCLUDE IN YOUR REQUEST responsible for, or in any manner fied in the schedule. YOUR COMPANY’S FED EX involved with, the safekeeping and 187.10 Negotiated contracts; Notice ACCOUNT NUMBER, FULL COM- custody process of the City of Cleve- required in Advertisement for Bids. PANY NAME AND ADDRESS, land shall be bonded in such a fash- Where invitations for bids are COMPANY CONTACT/REPRE- ion as to protect the City from advertised, the following notice SENTATIVE FULL NAME, CON- losses from malfeasance and mis- shall be included in the advertise- TACT TELEPHONE NUMBER, feasance. ment: “Pursuant to the MBE/FBE FACSIMILE TELEPHONE NUM- Code, each prime bidder, each minor- BER AND EMAIL ADDRESS. Performance Standards ity business enterprise (“MBE”) and THE FED EX DELIVERY each female business enterprise CHARGES FOR THE PLANS The investment portfolios shall be (“FBE”) must be certified before AND SPECIFICATIONS WILL designed and managed with the doing business with the City. There- BE BILLED TO THE BIDDER’S objective of obtaining a market rate fore, any prime contractor wishing COMPANY FED EX ACCOUNT of return throughout budgetary and to receive credit for using an MBE NUMBER PROVIDED. economic cycles, commensurate with or FBE should ensure that applica- THERE WILL BE A NON-MANDA- the investment risk constraints and tions for certification as to MBE or TORY PRE-BID MEETING, cash flows needs of the City. FBE status compliance with the THURSDAY, AUGUST 1, 2019 AT Code, affirmative action in employ- 9:00 A.M. CLEVELAND CITY Reporting ment and, if applicable, joint ven- HALL, 601 LAKESIDE AVENUE, ture status, are submitted to the CLEVELAND, OHIO 44114, ROOM The City Treasury shall maintain of fice of Equal Opportunity (“OEO”) 518. accurate, complete, and timely prior to the date of bid opening or QUESTIONS REGARDING THE records of all investment activities. submission of proposals or as speci - PURCHASE OF PLANS AND Each business day, the Treasurer fied by the Director. Failure to com- SPECIFICATIONS CAN BE shall provide the Commissioner of ply with the business enterprise DIRECTED TO ROYCE GRIFFIN Accounts and the City Controller a code or with representations made AT (216) 664-2628. 1258 July 31, 2019 The City Record 87

NOTE: BID MUST BE DELIVERED THE DIVISION OF PURCHASES POSTAL ROAD, CLEVELAND, TO THE OFFICE OF THE COM- AND SUPPLIES. BIDDERS MUST OHIO 44135, AIRPORT’S FIRE AND MISSIONER OF PURCHASES BE ON THE PLAN-HOLDERS RESCUE BUILDING. AND SUPPLIES, CLEVE LAND LIST TO SUBMIT A BID OR NOTE: BID MUST BE DELIVERED CITY HALL, 601 LAKESIDE RECEIVE ANY ADDENDA.) TO THE OFFICE OF THE COM- AVENUE, ROOM 128, CLEVE- OUT-OF-AREA BIDDERS MAY MISSIONER OF PURCHASES LAND, OHIO 44114 BEFORE 12 SEND THEIR NON-REFUND- AND SUPPLIES, CLEVELAND O’CLOCK NOON (EASTERN ABLE FEE FOR PLANS VIA CITY HALL, 601 LAKESIDE TIME). FED EX DELIVERY TO: CITY AVENUE, ROOM 128, CLEVE- OF CLEVELAND, DIVISION OF LAND, OHIO 44114 BEFORE 12 PURCHASES AND SUPPLIES, O’CLOCK NOON (EASTERN July 24, 2019 and July 31, 2019 CLEVELAND CITY HALL, 601 TIME). LAKESIDE AVENUE ROOM 128, FRIDAY, AUGUST 16, 2019 CLEVELAND, OHIO 44114. INCLUDE IN YOUR REQUEST July 31, 2019 and August 7, 2019 File No. 98-19 — Rental of Large YOUR COMPANY’S FED EX Capacity Trucks with Operators, for ACCOUNT NUMBER, FULL COM- THURSDAY, AUGUST 29, 2019 the Division of Streets, Department PANY NAME AND ADDRESS, of Public Works, as authorized by COMPANY CONTACT/REPRE- File No. 103-19 — E.J Kovacic Ordinance No. 73-19, passed by the SENTATIVE FULL NAME, CON- Recreation Center Improvements, Council of the City of Cleveland, TACT TELEPHONE NUMBER, for the Division of Architecture and March 4, 2019. FACSIMILE TELEPHONE NUM- Site Development, Office of Capital THERE WILL BE A NON-MANDA- BER AND EMAIL ADDRESS. Projects, as authorized by TORY PRE-BID MEETING, THE FED EX DELIVERY Ordinance No. 549-17, passed by the TUESDAY, AUGUST 6, 2019 AT CHARGES FOR THE PLANS Council of the City of Cleveland, 10:00 A.M. CLEVELAND CITY AND SPECIFICATIONS WILL June 5, 2017. HALL, 601 LAKESIDE AVENUE, BE BILLED TO THE BIDDER’S THERE WILL BE A NON-REFUND- CLEVELAND, OHIO 44114, ROOM COMPANY FED EX ACCOUNT ABLE FEE FOR PLANS AND 25. NUMBER PROVIDED. SPECIFICATIONS IN THE NOTE: BID MUST BE DELIVERED THERE WILL BE A NON-MANDA- AMOUNT OF ONE HUNDRED TO THE OFFICE OF THE COM- TORY PRE-BID MEETING, DOLLARS ($100.00) ONLY IN MISSIONER OF PURCHASES THURSDAY, AUGUST 8, 2019 AT THE FORM OF A CASHIER’S AND SUPPLIES, CLEVELAND 10:00 A.M. CLEVELAND CITY CHECK OR MONEY ORDER (NO CITY HALL, 601 LAKESIDE HALL, 601 LAKESIDE AVENUE, COMPANY CHECKS, NO CASH, AVENUE, ROOM 128, CLEVE- CLEVELAND, OHIO 44114, ROOM LAND, OHIO 44114 BEFORE 12 AND NO CREDIT CARDS WILL 517A. BE ACCEPTED TO PURCHASE O’CLOCK NOON (EASTERN QUESTIONS REGARDING THE TIME). PLANS. ALL PLANS AND SPEC- PURCHASE OF PLANS AND IFICATIONS MUST BE PUR- SPECIFICATIONS CAN BE CHASED DIRECTLY FROM July 24, 2019 and July 31, 2019 DIRECTED TO ROYCE GRIFFIN THE DIVISION OF PURCHASES AT (216) 664-2628. AND SUPPLIES. BIDDERS MUST WEDNESDAY, AUGUST 21, 2019 NOTE: BID MUST BE DELIVERED BE ON THE PLAN-HOLDERS TO THE OFFICE OF THE COM- LIST TO SUBMIT A BID OR File No. 97-19 — Fire Hydrant and Fire MISSIONER OF PURCHASES RECEIVE ANY ADDENDA.) Hydrant Parts, for the Division of AND SUPPLIES, CLEVE LAND OUT-OF-AREA BIDDERS MAY Water, Department of Public CITY HALL, 601 LAKESIDE SEND THEIR NON-REFUND- Utilities, as authorized by Section AVENUE, ROOM 128, CLEVE- ABLE FEE FOR PLANS VIA 129.25 of the Codified Ordinances of LAND, OHIO 44114 BEFORE 12 FED EX DELIVERY TO: CITY Cleveland, Ohio, 1976. O’CLOCK NOON (EASTERN OF CLEVELAND, DIVISION OF THERE WILL BE A NON- TIME). PURCHASES AND SUPPLIES, MANDATORY PRE-BID MEETING, CLEVELAND CITY HALL, 601 THURSDAY, AUGUST 1, 2019 AT July 24, 2019 and July 31, 2019 LAKESIDE AVENUE ROOM 128, 10:00 A.M. CARL B. STOKES CLEVELAND, OHIO 44114. PUBLIC UTILITIES BUILDING, INCLUDE IN YOUR REQUEST 1201 LAKESIDE AVENUE, FRIDAY, AUGUST 16, 2019 YOUR COMPANY’S FED EX CLEVELAND, OHIO 44114, 2ND FLOOR ATRIUM CONFERENCE File No. 101-19 — Nuisance Animal ACCOUNT NUMBER, FULL COM- ROOM. Trapping (Re-Bid), for the Division PANY NAME AND ADDRESS, NOTE: BID MUST BE DELIVERED of Animal Control, Department of COMPANY CONTACT/REPRE- TO THE OFFICE OF THE COM- Public Saftey, as authorized by SENTATIVE FULL NAME, CON- MISSIONER OF PURCHASES Section 181.101 of the Codified TACT TELEPHONE NUMBER, AND SUPPLIES, CLEVELAND Ordinances of Cleveland, Ohio, 1976. FACSIMILE TELEPHONE NUM- CITY HALL, 601 LAKESIDE THERE WILL BE A NON- BER AND EMAIL ADDRESS. AVENUE, ROOM 128, CLEVE- MANDATORY PRE-BID MEETING, THE FED EX DELIVERY LAND, OHIO 44114 BEFORE 12 THURSDAY, AUGUST 8, 2019 AT CHARGES FOR THE PLANS O’CLOCK NOON (EASTERN 10:00 A.M. KENNEL, 9203 DETROIT AND SPECIFICATIONS WILL TIME). ROAD, CLEVELAND, OHIO 44102. BE BILLED TO THE BIDDER’S NOTE: BID MUST BE DELIVERED COMPANY FED EX ACCOUNT July 24, 2019 and July 31, 2019 TO THE OFFICE OF THE COM- NUMBER PROVIDED. MISSIONER OF PURCHASES THERE WILL BE A NON-MANDA- THURSDAY, AUGUST 22, 2019 AND SUPPLIES, CLEVELAND TORY PRE-BID MEETING, CITY HALL, 601 LAKESIDE THURSDAY, AUGUST 8, 2019 AT File No. 96-19 — JFK Recreation Center AVENUE, ROOM 128, CLEVE- 1:00 P.M. CLEVELAND CITY Roof Repair, (Re-Bid), for the LAND, OHIO 44114 BEFORE 12 HALL, 601 LAKESIDE AVENUE, Division of Architecture and Site O’CLOCK NOON (EASTERN CLEVELAND, OHIO 44114, ROOM Development, Office of Capital TIME). 514. Projects, as authorized by QUESTIONS REGARDING THE Ordinance No. 648-18, passed by the PURCHASE OF PLANS AND Council of the City of Cleveland, July 31, 2019 and August 7, 2019 SPECIFICATIONS CAN BE June 4, 2018. DIRECTED TO ROYCE GRIFFIN THERE WILL BE A NON-REFUND- WEDNESDAY, AUGUST 21, 2019 AT (216) 664-2628. ABLE FEE FOR PLANS AND NOTE: BID MUST BE DELIVERED SPECIFICATIONS IN THE File No. 102-19 — Uniforms Rescue and TO THE OFFICE OF THE COM- AMOUNT OF FIFTY DOLLARS Firefighters, for the Division of MISSIONER OF PURCHASES ($50.00) ONLY IN THE FORM OF Airports, Department of Port AND SUPPLIES, CLEVELAND A CASHIER’S CHECK OR Control, as authorized by Section CITY HALL, 601 LAKESIDE MONEY ORDER (NO COMPANY 181.101 of the Codified Ordinances of AVENUE, ROOM 128, CLEVE- CHECKS, NO CASH, AND NO Cleveland, Ohio, 1976. LAND, OHIO 44114 BEFORE 12 CREDIT CARDS WILL BE THERE WILL BE A NON- O’CLOCK NOON (EASTERN ACCEPTED TO PURCHASE MANDATORY PRE-BID MEETING, TIME). PLANS. ALL PLANS AND SPEC- MONDAY, AUGUST 12, 2019 AT IFICATIONS MUST BE PUR- 10:00 A.M. CLEVELAND HOPKINS CHASED DIRECTLY FROM INTERNATIONAL AIRPORT, 5601 July 31, 2019 and August 7, 2019 1259 88 The City Record July 31, 2019

ADOPTED RESOLUTIONS all Native American nations, and as of West 28th Place (20.00 feet wide) AND ORDINANCES a gesture of reconciliation, desires in the E. Ackley’s Allotment of part to recognize Indigenous Peoples’ of Original Brooklyn Township Lot Day; and No 68, as shown by the recorded plat Res. No. 605-2019. Whereas, this Council urges that in Volume 39 of Maps, Page 1 of By Mayor Jackson, Council Mem- Indigenous Peoples’ Day shall be Cuyahoga County Records, further bers B. Jones. J. Jones, Bishop, used to reflect upon the ongoing described as follows: McCormack, Johnson, Cleveland, struggles of indigenous people of Being all that portion of West Griffin, Polensek, Conwell, Hairston, this land, and to celebrate the thriv- 28th Place (20.00 feet wide) extend- Brady, Brancatelli, Kelley, Santana, ing culture and value that all ing from the North line of Queen Zone, Kazy, and Keane. indigenous people add to our city; Avenue (33.00 feet wide) Northerly An emergency resolution declar- and about 182.50 feet to its intersection ing August 9th annually as Indige- Whereas, this Council urges the with the North line of said Original nous Peoples’ Day in the City of Administration to affirm that it is Brooklyn Township Lot No 68 and Cleveland; encouraging other insti- City policy to participate in the its terminus. tutions to recognize this day; and annual Indigenous Peoples’ Day cel- Legal Description approved by reaffirming the City’s commitment ebrations and activities; that City Greg Esber, Section Chief, Plats, to promote the well-being and departments work with the Depart- Surveys and House Numbering Sec- growth of Cleveland’s Native Amer- ment of Community Relations to tion. ican and Indigenous community. encourage participation on a city- Section 2. That this resolution is Whereas, the City of Cleveland wide basis; and declared to be an emergency mea- supports the recognition of Indige- Whereas, this Council urges that sure and, provided it receives the nous Peoples’ Day to reflect upon other businesses, organizations, and affirmative vote of two-thirds of all the ongoing struggles of indigenous public entities to recognize Indige- the members elected to Council, it people of this nation, and to cele- nous Peoples’ Day; and shall take effect and be in force brate the thriving culture and value Whereas, this resolution consti- immediately upon its adoption and that all indigenous people add to tutes an emergency measure for the approval by the Mayor; otherwise it shall take effect and be in force our city; and immediate preservation of public from and after the earliest period Whereas, the City of Cleveland peace, property, health or safety, allowed by law. recognizes the annexation of indige- now, therefore, nous homelands for the building of Adopted July 24 2019. Be it resolved by the Council of Effective July 26, 2019. our nation, and knows indigenous the City of Cleveland: people have lived upon this nation’s Section 1. That this Council land since time immemorial, and declares August 9th annually as values the progress our society has Indigenous Peoples’ Day in the City Res. No. 704-2019. accomplished through Native Ameri- of Cleveland; encourages other insti- By Council Member McCormack. can technology, thought, and cul- tutions to recognize this day; and An emergency resolution declar- ture; and reaffirms the City’s commitment to ing the intent to vacate a portion of Whereas, the City of Cleveland promote the well-being and growth the Detroit Superior Viaduct and a values the many contributions made of Cleveland’s Native American and portion of Detroit Avenue; and to to our community through Indige- Indigenous community. repeal Resolution 1130-18, adopted nous Peoples’ knowledge, labor, Section 2. That this Council here- October 15, 2018. technology, science, philosophy, arts by directs the Clerk of Council to Whereas, this Council is satisfied and deep cultural contribution that transmit a copy of this resolution to that there is good cause to vacate a has substantially shaped the char- City of Cleveland Mayor Frank G. portion of the Detroit Superior acter of this City; and Jackson. Viaduct and a portion of Detroit Whereas, citizens have a respon- Section 3. That this resolution is Avenue, as described in this ordi- sibility to oppose the systematic hereby declared to be an emergency nance; and racism towards indigenous people in measure and, provided it receives Whereas, this resolution consti- the United States, which perpetuates the affirmative vote of two-thirds of tutes an emergency measure provid- high rates of poverty and income all the members elected to Council, ing for the usual daily operation of inequality, exacerbating dispropor- it shall take effect and be in force a municipal department; now, there- tionate health, education, and social immediately upon its adoption and fore, crises; and approval by the Mayor; otherwise it Be it resolved by the Council of Whereas, the City of Cleveland shall take effect and be in force the City of Cleveland: promotes closing the equity gap for from and after the earliest period Section 1. That this Council Indigenous peoples through policies allowed by law. declares its intent to vacate the fol- and practices that reflect the expe- Adopted July 24 2019. lowing-described real property: riences of Indigenous Peoples, Effective July 26, 2019. ensure greater access and opportu- THE VACATION OF A PORTION OF nity, and honor our nation’s indige- THE DETROIT SUPERIOR nous roots, history, and VIADUCT Situated in the City of Cleveland, contributions; and Res. No. 669-2019. County of Cuyahoga and State of Whereas, government entities, By Council Members McCormack, Ohio and being part of Original organizations and other public insti- Johnson and Brancatelli (by depart- Brooklyn Township Lot No. 70, tutions should change their policies mental request). bounded and described as follows: to support a day of celebration and An emergency resolution declar- Beginning at an Iron Pin Monu- appreciation for the contributions of ing the intent to vacate a portion of ment found at the intersection of indigenous people and to celebrate West 28th Place. West 25th Street, 60 feet wide, and our nation’s variety of indigenous Whereas, this Council is satisfied Detroit Avenue, 66 feet wide. roots and history; and that there is good cause to vacate a Thence North 30°28'45" West, Whereas, the idea of Indigenous portion of West 28th Place, as along the centerline of said West Peoples’ Day was first proposed in described; and 25th Street, a distance of 142.71 feet 1977 by a delegation of Native Whereas, this resolution consti- to a point; nations to the United Nations-spon- tutes an emergency measure provid- Thence North 59°31'15" East a dis- sored International Conference on ing for the usual daily operation of tance of 30.00 feet to the easterly Discrimination Against Indigenous a municipal department; now, there- line of said West 25th Street; Populations in the Americas; and by fore, Thence North 39°50'15" East, resolution 49/214 of December 23, Be it resolved by the Council of along the northwesterly line of the 1994, the United Nations General the City of Cleveland: Detroit Superior Viaduct, 80.00 feet Assembly decided that the interna- Section 1. That this Council wide, a distance of 21.32 feet to the tional Day of the World’s Indige- declares its intent to vacate a por- proposed easterly line of said West nous Peoples shall be observed on tion of the following described real 25th Street and the Principal Place August 9th every year; and property: of Beginning of land herein Whereas, the City of Cleveland described: recognizes the value of educational West 28th Place Thence North 39°50'15" East, integrity and search for truth in Situated in the City of Cleveland, along the northwesterly line of the telling the story of our foundation, County of Cuyahoga and State of Detroit Superior Viaduct, a distance and acknowledges past injustices to Ohio and known as being a portion of 190.93 feet to a point; 1260 July 31, 2019 The City Record 89

Thence North 59°26'52" East a dis- shall take effect and be in force that includes city, county and state tance of 238.36 feet to the south- immediately upon its adoption and records; and easterly line of said Detroit Superior approval by the Mayor; otherwise it Whereas, this resolution consti- Viaduct; shall take effect and be in force tutes an emergency measure provid- Thence South 39°50'15" West, from and after the earliest period ing for the usual daily operation of along the southeasterly line of said allowed by law. a municipal department; now, there- Detroit Superior Viaduct, a distance Adopted July 24 2019. fore, of 415.95 feet to a point; Effective July 26, 2019. Be it resolved by the Council of Thence South 30°03'48" East a dis- the City of Cleveland: tance of 5.19 feet to the proposed Section 1. That this Council calls northeasterly line of said West 25th upon health organizations including Street; Res. No. 748-2019. hospitals and providers of Medicaid Thence, along the proposed north- By Council Members Griffin, Kel- services to guarantee that Cleve- easterly line of said West 25th ley, McCormack and Mayor Jackson. land-area infants and children under Street along a curve deflecting to An emergency resolution calling age six are screened and tested for the right, an arc distance of 35.46 upon health organizations including lead to help prevent lead poisoning. feet to a point. Said curve having hospitals and providers of Medicaid Section 2. That the Clerk is direct- delta of 67°43'19", a radius of 30.00 services to guarantee that Cleve- ed to forward copies of this resolu- feet and a chord that bears North land-area infants and children under tion to representatives from the 68°12'01" West, 33.43 feet; age six are screened and tested for Cuyahoga County Board of Health Thence, continuing along the pro- lead to help prevent lead poisoning. and Department of Development, posed northeasterly line of said Whereas, Ohio law requires all Case Western Reserve University, West 25th Street along a curve healthcare providers to administer Environmental Health Watch, Unit- deflecting to the left, an arc dis- blood lead tests to children at age 1 ed Way of Greater Cleveland, the tance of 54.58 feet to a point. Said and 2, or up to age 6 if no previous Cleveland Clinic, Cleveland Metro- curve having delta of 4°55'03", a test has been completed based on politan School District, the Metro- radius of 636.00 feet and a chord whether the child is on Medicaid, Health System, Sisters of Charity that bears North 36°47'53" West, lives in a high-risk ZIP code, or has Health System, University Hospitals, 54.57 feet to the principal place of certain other risk factors; and UH Rainbow Babies & Children’s beginning and containing 24,915 Whereas, not enough Ohio chil- Hospital. square feet (0.5720 acres) of land, be dren meeting these criteria are test- Section 3. That this resolution is the same more or less but subject to ed as required by law: in 2016-17, of hereby declared to be an emergency all legal highways; the children receiving Medicaid in measure and, provided it receives Bearings are to an assumed merid- the Cleveland Metropolitan School the affirmative vote of two-thirds of ian and are used to denote angles District and 11 inner-ring suburban all the members elected to Council, only. school districts 90% were tested at it shall take effect and be in force least once between birth and kinder- immediately upon its adoption and THE VACATION OF A PORTION OF garten entry; 50% were tested at approval by the Mayor; otherwise, it DETROIT AVENUE. age one year; 34.6% were tested at shall take effect and be in force Situated in the City of Cleveland, age 2; and 21.5% were tested at both from and after the earliest period County of Cuyahoga and State of ages 1 and 2; and allowed by law. Ohio and being part of Original Whereas, this Council understands Adopted July 24 2019. Brooklyn Township Lot No. 70, that it is most important to first test Effective July 26, 2019. bounded and described as follows: lead blood levels in children early - Beginning at an Iron Pin Monu- between ages one and 2 – and often, ment found at the centerline inter- through age 6; and section of West 24th Street, 33 feet Whereas, area hospital systems, Res. No. 837-2019. wide, and Detroit Avenue, 66 feet medical facilities and health care By Council Member J. Jones. wide. providers must be the driving force An emergency resolution with- Thence North 35°10'04" West, in providing adequate screening and drawing objection to the transfer of along the centerline of said West testing services that are easily ownership of a C1, C2 and D6 Liquor 24th Street, a distance of 29.08 feet accessible and readily available to Permit at 4071 Lee Road, Unit 290, to a point; Cleveland-area children and their 1st floor and repealing Resolution Thence South 54°49'56" West a families; and No. 332-2019 objecting to said permit. distance of 16.50 feet to the south- Whereas, area health organiza- Whereas, this Council objected to westerly line of said West 24th tions including hospitals and a transfer of ownership of a C1, C2 Street also being the northwesterly providers of Medicaid services must and D6 Liquor Permit to RPM Spir- line of Detroit Avenue: make concerted efforts to join with its, Inc., DBA One Stop Liquor, 4071 Thence South 34°31'16" West, the Department of Public Health Lee Road, Unit 290, 1st floor, Cleve- along the northwesterly line of said and the Healthy Homes Advisory land, Ohio 44128, Permit No. 7569455 Detroit Avenue, a distance of 35.12 Council to provide screening and by Resolution No. 332-2019 adopted feet to the Principal Place of Begin- testing of young children where by the Council on March 18, 2019; ning of land herein described; they are most likely to be – includ- and Thence South 35°12'07" East a dis- ing at schools, area libraries, recre- Whereas, this Council wishes to tance of 37.33 feet; ation centers, and through area withdraw its objection to the above Thence South 55°43'14" West a community programs; and permit and consents to said permit; distance of 96.83 feet to the north- Whereas, this Council encourages and westerly line of said Detroit Avenue; that a communication strategy be Whereas, this resolution consti- Thence North 34°31'16" East, developed between the City and out- tutes an emergency measure provid- along said northwesterly line of side entities, including Cleveland ing for the usual daily operation of Detroit Avenue , a distance of 103.21 public and private schools, to pro- a municipal department; now, there- feet to the Principal Place of Begin- vide lead poisoning prevention edu- fore, ning and containing 1,807 square cation and further encourages the Be it resolved by the Council of feet (0.0415 acres) of land, be the Department of Health continue to the City of Cleveland: same more or less but subject to all coordinate with the City’s recreation Section 1. That objection to the legal highways; centers and other programs operat- transfer of ownership of a C1, C2 Bearings are to an assumed merid- ed or funded by the City to provide and D6 Liquor Permit to RPM Spir- ian and are used to denote angles lead poisoning prevention informa- its, Inc., DBA One Stop Liquor, 4071 only. tion, lead screening and referrals Lee Road, Unit 290, 1st floor, Cleve- Legal Descriptions approved by for lead testing; and land, Ohio 44128, Permit No. 7569455, Greg Esber, Section Chief, Plats, Whereas, this Council encourages be and the same is hereby with- Surveys and House Numbering Sec- the Department of Public Health to drawn and Resolution No. 332-2019, tion. establish and make public a list of containing such objection, be and Section 2. That Resolution No. organizations that provide on-site the same is hereby repealed and 1130-18, adopted October 15, 2018 is and/or mobile screening, testing or that this Council consents to the repealed. testing referrals; and immediate permit thereof. Section 3. That this resolution is Whereas, this Council joins the Section 2. That this resolution is declared to be an emergency mea- Lead Safe Cleveland Coalition in hereby declared to be an emergency sure and, provided it receives the urging the State of Ohio to establish measure and provided it receives the affirmative vote of two-thirds of all a better detailed, timely and affirmative vote of two-thirds of all the members elected to Council, it enforceable database of lead testing the members elected to Council, it 1261 90 The City Record July 31, 2019 shall take effect and be in force ordinances of this state or any other this high crime area, which is immediately upon its adoption and state; and already saturated with other liquor approval by the Mayor; otherwise, it Whereas, the place for which the outlets, is contrary to the best inter- shall take effect and be in force permit is sought has not conformed ests of the entire community; and from and after the earliest period to the building, safety or health Whereas, the applicant does not allowed by law. requirements of the governing body qualify to be a permit holder and/or Adopted July 24 2019. of this County or City; and has demonstrated that he has oper- Effective July 26, 2019. Whereas, the place for which the ated his liquor business in disregard permit is sought is so arranged or of the laws, regulations or local constructed that law enforcement ordinances of this state or any other officers or agents of the Division of state; and Res. No. 838-2019. Liquor Control are prevented rea- Whereas, the place for which the By Council Member McCormack. sonable access to the establishment; permit is sought has not conformed An emergency resolution with- and to the building, safety or health drawing objection to the transfer of Whereas, the place for which the requirements of the governing body stock of a D5 and D6 Liquor Permit permit is sought is so located with of this County or City; and at 1392 West 6th Street, 1st & 2nd respect to the neighborhood that it Whereas, the place for which the floors, basement and patio and substantially interferes with public permit is sought is so arranged or repealing Resolution No. 267-2019, decency, sobriety, peace or good constructed that law enforcement order; and objecting to said transfer. officers or agents of the Division of Whereas, this objection is based Whereas, this Council objected to Liquor Control are prevented rea- on other legal grounds as set forth the transfer of stock of a D5 and D6 sonable access to the establishment; in Revised Code Section 4303.292; Liquor Permit at Drop Bar, LLC, and and 1392 West 6th Street, 1st & 2nd Whereas, the place for which the Whereas, this resolution consti- floors, basement and patio, Cleve- permit is sought is so located with tutes an emergency measure provid- respect to the neighborhood that it land, Ohio 44113, Permit No. 2314371 ing for the immediate preservation by Resolution No. 267-19 adopted by substantially interferes with public of the public peace, prosperity, safe- decency, sobriety, peace or good the Council on February 25, 2019; ty and welfare pursuant to Section order; and and 4303.26 of the Ohio Revised Code. Whereas, this objection is based Whereas, this Council wishes to Council’s objection to said permit on other legal grounds as set forth withdraw its objection to the above must be received by the Superinten- in Revised Code Section 4303.292; transfer and consents to said trans- dent of Liquor Control within 30 and fer; and days of notification; now, therefore, Whereas, this resolution consti- Whereas, this resolution consti- Be it resolved by the Council of tutes an emergency measure provid- the City of Cleveland: tutes an emergency measure providing for the usual daily operation of Section 1. That Council does here- ing for the immediate preservation a municipal department; now, thereby record its objection to a transfer of the public peace, prosperity, safe- fore, of stock of a C1 and C2 Liquor Per- ty and welfare pursuant to Section Be it resolved by the Council of mit at Gurdev, Inc., DBA Deeps 4303.26 of the Ohio Revised Code. the City of Cleveland: State Liquor & Market, 7401-05 Cen- Council’s objection to said permit Section 1. That objection to a D5 tral Avenue, 1st floor and basement, must be received by the Superinten- and D6 Liquor Permit at Drop Bar, Cleveland, Ohio 44104, Permit No. dent of Liquor Control within 30 LLC, 1392 West 6th Street, 1st & 2nd 3452641, and requests the Superin- days of notification; now, therefore, floors, basement and patio, Cleve- tendent of Liquor Control to set a Be it resolved by the Council of land, Ohio 44113, Permit No. 2314371, hearing for said application in the City of Cleveland: be and the same is hereby with- accordance with provisions of Sec- Section 1. That Council does here- drawn and Resolution No. 267-19, tion 4303.26 of the Revised Code of by record its objection to the trans- containing such objection, be and Ohio. fer of liquor license of a C1 Liquor the same is hereby repealed and Section 2. That the Clerk of Coun- Permit from Dolgen Midwest, LLC, that this Council consents to the cil be and she is hereby directed to DBA Dollar General #13506, 9111 immediate transfer thereof. transmit two certified copies of this Miles Avenue, Cleveland, Ohio 44105, Section 2. That this resolution is resolution, together with two copies Permit Number 22348151600 to Dol- hereby declared to be an emergency of a letter of objection and two gen Midwest LLC, DBA Dollar Gen- measure and provided it receives the copies of a letter requesting that the eral #19953, 3170 East 91st Street, affirmative vote of two-thirds of all hearing be held in Cleveland, Cuya- Cleveland, Ohio 44104, Permit Num- the members elected to Council, it hoga County. ber 22348151601, and requests the shall take effect and be in force Section 3. That this resolution is Superintendent of Liquor Control to immediately upon its adoption and hereby declared to be an emergency set a hearing for said application in approval by the Mayor; otherwise, it measure and, provided it receives accordance with provisions of Sec- shall take effect and be in force the affirmative vote of two-thirds of tion 4303.26 of the Revised Code of from and after the earliest period Ohio. allowed by law. all the members elected to Council, it shall take effect and be in force Section 2. That the Clerk of Coun- Adopted July 24 2019. cil be and she is hereby directed to Effective July 26, 2019. immediately upon its adoption and approval by the Mayor; otherwise, it transmit two certified copies of this shall take effect and be in force resolution, together with two copies from and after the earliest period of a letter of objection and two copies of a letter requesting that the Res. No. 839-2019. allowed by law. Adopted July 24 2019. hearing be held in Cleveland, Cuya- By Council Member Cleveland. hoga County. An emergency resolution object- Effective July 26, 2019. Section 3. That this resolution is ing to the transfer of stock of a C1 hereby declared to be an emergency and C2 Liquor Permit to 7401-05 Cen- measure and, provided it receives tral Avenue, 1st floor and basement. the affirmative vote of two-thirds of Whereas, Council has been noti- Res. No. 840-2019. all the members elected to Council, fied by the Division of Liquor Con- By Council Member Griffin. it shall take effect and be in force trol of an application for a transfer An emergency resolution object- of stock of a C1 and C2 Liquor Per- ing to the transfer of liquor license immediately upon its adoption and mit at Gurdev, Inc., DBA Deeps of a C1 Liquor Permit to 3170 East approval by the Mayor; otherwise, it State Liquor & Market, 7401-05 Cen- 91st Street. shall take effect and be in force tral Avenue, 1st floor and basement, Whereas, Council has been noti- from and after the earliest period Cleveland, Ohio 44104, Permit No. fied by the Division of Liquor Con- allowed by law. 3452641; and trol of an application for the Adopted July 24 2019. Whereas, the granting of this transfer of liquor license of a C1 Effective July 26, 2019. application for a liquor permit to Liquor Permit from Dolgen Midwest, this high crime area, which is LLC, DBA Dollar General #13506, already saturated with other liquor 9111 Miles Avenue, Cleveland, Ohio outlets, is contrary to the best inter- 44105, Permit Number 22348151600 to Res. No. 841-2019. ests of the entire community; and Dolgen Midwest LLC, DBA Dollar By Council Member Griffin. Whereas, the applicant does not General #19953, 3170 East 91st An emergency resolution with- qualify to be a permit holder and/or Street, Cleveland, Ohio 44104, Permit drawing objection to a New C1 has demonstrated that he has oper- Number 22348151601; and Liquor Permit at 11491 Buckeye ated his liquor business in disregard Whereas, the granting of this Road and repealing Resolution No. of the laws, regulations or local application for a liquor permit to 101-18 objecting to said permit. 1262 July 31, 2019 The City Record 91

Whereas, this Council objected to decency, sobriety, peace or good Whereas, the place for which the a New C1 Liquor Permit to Dolgen order; and permit is sought is so arranged or Midwest LLC, DBA Dollar General Whereas, this objection is based constructed that law enforcement Store, #19255, 11491 Buckeye Road, on other legal grounds as set forth officers or agents of the Division of Cleveland, Ohio 44104, Permit No. in Revised Code Section 4303.292; Liquor Control are prevented rea- 2234815-2885 by Resolution No. 101-18 and sonable access to the establishment; adopted by the Council on January Whereas, this resolution consti- and 22, 2018; and tutes an emergency measure provid- Whereas, the place for which the Whereas, this Council wishes to ing for the immediate preservation permit is sought is so located with withdraw its objection to the above of the public peace, prosperity, safe- respect to the neighborhood that it permit and consents to said permit; ty and welfare pursuant to Section substantially interferes with public and 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good Whereas, this resolution consti- Council’s objection to said permit order; and tutes an emergency measure provid- must be received by the Superinten- Whereas, this objection is based ing for the usual daily operation of dent of Liquor Control within 30 on other legal grounds as set forth a municipal department; now, there- days of notification; now, therefore, in Revised Code Section 4303.292; fore, Be it resolved by the Council of and Be it resolved by the Council of the City of Cleveland: Whereas, this resolution consti- the City of Cleveland: Section 1. That Council does here- tutes an emergency measure provid- Section 1. That objection to the by record its objection to a transfer ing for the immediate preservation New C1 Liquor Permit to Dolgen of stock of a D5 and D6 Liquor Per- of the public peace, prosperity, safe- Midwest LLC, DBA Dollar General mit at 2549 St. Clair Avenue, Inc., ty and welfare pursuant to Section Store, #19255, 11491 Buckeye Road, DBA Union Club, 2549 St. Clair 4303.26 of the Ohio Revised Code. Cleveland, Ohio 44104, Permit No. Avenue, 1st floor and basement, Council’s objection to said permit 2234815-2885, be and the same is Cleveland, Ohio 44114, Permit No. must be received by the Superinten- hereby withdrawn and Resolution 9116388, and requests the Superin- dent of Liquor Control within 30 No. 101-18, containing such objection, tendent of Liquor Control to set a days of notification; now, therefore, be and the same is hereby repealed hearing for said application in Be it resolved by the Council of and that this Council consents to the accordance with provisions of Sec- the City of Cleveland: immediate permit thereof. Section 1. That Council does here- tion 4303.26 of the Revised Code of Section 2. That this resolution is by record its objection to the trans- Ohio. hereby declared to be an emergency fer of ownership of a C2 and C2X Section 2. That the Clerk of Coun- measure and provided it receives the Liquor Permit from 79 Street Foods, cil be and she is hereby directed to affirmative vote of two-thirds of all LLC, 1930 East 79th Street, North transmit two certified copies of this the members elected to Council, it Unit, Cleveland, Ohio 44103, Permit resolution, together with two copies shall take effect and be in force Number 7999899 to Fuel Point Gas, of a letter of objection and two immediately upon its adoption and Inc., 1930 East 79th Street, north approval by the Mayor; otherwise, it copies of a letter requesting that the Unit, Cleveland, Ohio 44103, Permit shall take effect and be in force hearing be held in Cleveland, Cuya- Number 2964300; and requests the from and after the earliest period hoga County. Superintendent of Liquor Control to allowed by law. Section 3. That this resolution is set a hearing for said application in Adopted July 24 2019. hereby declared to be an emergency accordance with provisions of Sec- Effective July 26, 2019. measure and, provided it receives tion 4303.26 of the Revised Code of the affirmative vote of two-thirds of Ohio. all the members elected to Council, Section 2. That the Clerk of Coun- it shall take effect and be in force cil be and she is hereby directed to Res. No. 842-2019. immediately upon its adoption and transmit two certified copies of this By Council Member B. Jones. approval by the Mayor; otherwise, it resolution, together with two copies An emergency resolution object- shall take effect and be in force of a letter of objection and two ing to the transfer of stock of a D5 from and after the earliest period copies of a letter requesting that the and D6 Liquor Permit to 2549 St. allowed by law. hearing be held in Cleveland, Cuya- Clair Avenue, 1st floor and base- Adopted July 24 2019. hoga County. ment. Effective July 26, 2019. Section 3. That this resolution is Whereas, Council has been noti- hereby declared to be an emergency fied by the Division of Liquor Con- measure and, provided it receives trol of an application for a transfer the affirmative vote of two-thirds of of stock of a D5 and D6 Liquor Per- Res. No. 843-2019. all the members elected to Council, mit at 2549 St. Clair Avenue, Inc., By Council Member B. Jones. it shall take effect and be in force DBA Union Club, 2549 St. Clair An emergency resolution object- immediately upon its adoption and Avenue, 1st floor and basement, ing to the transfer of ownership of approval by the Mayor; otherwise, it Cleveland, Ohio 44114, Permit No. a C2 and C2X Liquor Permit to 1930 shall take effect and be in force 9116388; and East 79th Street, North Unit. from and after the earliest period Whereas, the granting of this Whereas, Council has been noti- allowed by law. application for a liquor permit to fied by the Division of Liquor Con- Adopted July 24 2019. this high crime area, which is trol of an application for the Effective July 26, 2019. already saturated with other liquor transfer of ownership of a C2 and outlets, is contrary to the best inter- C2X Liquor Permit from 79 Street ests of the entire community; and Foods, LLC, 1930 East 79th Street, Whereas, the applicant does not North Unit, Cleveland, Ohio 44103, Res. No. 844-2019. qualify to be a permit holder and/or Permit Number 7999899 to Fuel By Council Member Hairston. has demonstrated that he has oper- Point Gas, Inc., 1930 East 79th An emergency resolution object- ated his liquor business in disregard Street, north Unit, Cleveland, Ohio ing to the renewal of a D1, D2, D3, of the laws, regulations or local 44103, Permit Number 2964300; and D3A and D6 Liquor Permit at 1311 ordinances of this state or any other Whereas, the granting of this East 49th Street, 1st floor. state; and application for a liquor permit to Whereas, the uniform date for Whereas, the place for which the this high crime area, which is renewal of liquor permits in the permit is sought has not conformed already saturated with other liquor State of Ohio is October 1st; and to the building, safety or health outlets, is contrary to the best inter- Whereas, pursuant to Section requirements of the governing body ests of the entire community; and 4303.271 of the Revised Code, the of this County or City; and Whereas, the applicant does not legislative authority of a municipal Whereas, the place for which the qualify to be a permit holder and/or corporation may object to the renew- permit is sought is so arranged or has demonstrated that he has oper- al of a permit based upon legal constructed that law enforcement ated his liquor business in disregard grounds as set forth in division (A) officers or agents of the Division of of the laws, regulations or local of Revised Code Section 4303.292; Liquor Control are prevented rea- ordinances of this state or any other and sonable access to the establishment; state; and Whereas, the applicant is unfit to and Whereas, the place for which the continue to engage in the liquor per- Whereas, the place for which the permit is sought has not conformed mit business in that he has operat- permit is sought is so located with to the building, safety or health ed his liquor permit business in a respect to the neighborhood that it requirements of the governing body manner that demonstrates a disre- substantially interferes with public of this County or City; and gard for the laws, regulations or 1263 92 The City Record July 31, 2019 local ordinances of the state, and Whereas, the place for which the Whereas, the applicant is unfit to that this objection is based on other permit is sought has not conformed continue to engage in the liquor per- legal grounds as set forth in to the building, safety or health mit business in that he has operat- Revised Code Section 4303.292; and requirements of the governing body ed his liquor permit business in a Whereas, this resolution consti- of this County or City; and manner that demonstrates a disre- tutes an emergency measure provid- Whereas, the place for which the gard for the laws, regulations or ing for the immediate preservation permit is sought is so arranged or local ordinances of the state, and of the public peace, prosperity, safe- constructed that law enforcement that this objection is based on other ty and welfare pursuant to Section officers or agents of the Division of legal grounds as set forth in 4303.271 of the Ohio Revised Code, Liquor Control are prevented rea- Revised Code Section 4303.292; and objections to renewal of liquor per- sonable access to the establishment; Whereas, this resolution consti- mits shall be made no later than and tutes an emergency measure provid- thirty days prior to the expiration Whereas, the place for which the ing for the immediate preservation date of the permit; now, therefore, permit is sought is so located with of the public peace, prosperity, safe- Be it resolved by the Council of respect to the neighborhood that it ty and welfare pursuant to Section the City of Cleveland: substantially interferes with public 4303.271 of the Ohio Revised Code, Section 1. That Council does here- decency, sobriety, peace or good objections to renewal of liquor per- by record its objection to the renew- order; and mits shall be made no later than al of a D1, D2, D3, D3A and D6 Whereas, this objection is based thirty days prior to the expiration Liquor Permit, Permit No. 5988326 on other legal grounds as set forth date of the permit; now, therefore, owned by Larry Miller, DBA Bull in Revised Code Section 4303.292; Be it resolved by the Council of Shooters Bar & Grill, 1311 East 49th and the City of Cleveland: Street, 1st floor, Cleveland, Ohio Whereas, this resolution consti- Section 1. That Council does here- 44114, and requests the Superinten- tutes an emergency measure provid- by record its objection to the renew- dent of the Division of Liquor Con- ing for the immediate preservation al of a D5 Liquor Permit, Permit No. trol to set a hearing for said of the public peace, prosperity, safe- 6520440-0055 owned by Ohio Restau- application in accordance with pro- ty and welfare pursuant to Section rant Investment Corp., 4488 State visions of Section 4303.271 of the 4303.26 of the Ohio Revised Code. Road, 1st floor and basement, Cleve- Revised Code of Ohio. Council’s objection to said permit land, Ohio 44109, and requests the Section 2. That the Clerk of Coun- must be received by the Superinten- Superintendent of the Division of cil be and she is hereby directed to dent of Liquor Control within 30 Liquor Control to set a hearing for transmit two certified copies of this days of notification; now, therefore, said application in accordance with resolution, together with two copies Be it resolved by the Council of provisions of Section 4303.271 of the of a letter of objection and two the City of Cleveland: Revised Code of Ohio. copies of a letter requesting that the Section 1. That Council does here- Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- by record its objection to the trans- cil be and she is hereby directed to hoga County, and a statement by the fer of ownership of a C1 and C2 transmit two certified copies of this Director of Law that, in the Direc- Liquor Permit from Michael M. resolution, together with two copies tor’s opinion, that the objection is Fedorka, DBA Shines Bait & Tack- of a letter of objection and two based upon substantial legal le & Beverage, 1287 East 55th Street, copies of a letter requesting that the grounds within the meaning and Cleveland, Ohio 44103, Permit Num- hearing be held in Cleveland, Cuya- intent of division (A) of Section ber 26696060001 to Shines Bait & hoga County, and a statement by the 4303.292 of the Revised Code to the Tackle, LLC, 1287 East 55th Street, Superintendent of the Division of Director of Law that, in the Direc- Liquor Control. Cleveland, Ohio 44103, Permit No. tor’s opinion, that the objection is Section 3. That this resolution is 8108056; and requests the Superin- based upon substantial legal hereby declared to be an emergency tendent of Liquor Control to set a grounds within the meaning and measure and, provided it receives hearing for said application in intent of division (A) of Section the affirmative vote of two-thirds of accordance with provisions of Sec- 4303.292 of the Revised Code to the all the members elected to Council, tion 4303.26 of the Revised Code of Superintendent of the Division of it shall take effect and be in force Ohio. Liquor Control. immediately upon its adoption and Section 2. That the Clerk of Coun- Section 3. That this resolution is approval by the Mayor; otherwise, it cil be and she is hereby directed to hereby declared to be an emergency shall take effect and be in force transmit two certified copies of this measure and, provided it receives from and after the earliest period resolution, together with two copies the affirmative vote of two-thirds of allowed by law. of a letter of objection and two all the members elected to Council, Adopted July 24 2019. copies of a letter requesting that the it shall take effect and be in force Effective July 26, 2019. hearing be held in Cleveland, Cuya- immediately upon its adoption and hoga County. approval by the Mayor; otherwise, it Section 3. That this resolution is shall take effect and be in force hereby declared to be an emergency from and after the earliest period Res. No. 845-2019. measure and, provided it receives allowed by law. By Council Member Hairston. the affirmative vote of two-thirds of Adopted July 24 2019. An emergency resolution object- all the members elected to Council, Effective July 26, 2019. ing to the transfer of ownership of it shall take effect and be in force a C1 and C2 Liquor Permit to 1287 immediately upon its adoption and East 55th Street. approval by the Mayor; otherwise, it Whereas, Council has been noti- shall take effect and be in force Res. No. 847-2019. fied by the Division of Liquor Con- from and after the earliest period By Council Member Santana. trol of an application for the allowed by law. An emergency resolution object- transfer of ownership of a C1 and Adopted July 24 2019. ing to the renewal of a D1 and D2 C2 Liquor Permit from Michael M. Effective July 26, 2019. Liquor Permit at 3203 West 25th Fedorka, DBA Shines Bait & Tack- Street. le & Beverage, 1287 East 55th Street, Whereas, the uniform date for Cleveland, Ohio 44103, Permit Num- renewal of liquor permits in the ber 26696060001 to Shines Bait & Res. No. 846-2019. State of Ohio is October 1st; and Tackle, LLC, 1287 East 55th Street, By Council Member Kelley. Whereas, pursuant to Section Cleveland, Ohio 44103, Permit No. An emergency resolution object- 4303.271 of the Revised Code, the 8108056; and ing to the renewal of a D5 Liquor legislative authority of a municipal Whereas, the granting of this Permit at 4488 State Road, 1st floor corporation may object to the renew- application for a liquor permit to and basement. al of a permit based upon legal this high crime area, which is Whereas, the uniform date for grounds as set forth in division (A) already saturated with other liquor renewal of liquor permits in the of Revised Code Section 4303.292; outlets, is contrary to the best inter- State of Ohio is October 1st; and and ests of the entire community; and Whereas, pursuant to Section Whereas, the applicant is unfit to Whereas, the applicant does not 4303.271 of the Revised Code, the continue to engage in the liquor per- qualify to be a permit holder and/or legislative authority of a municipal mit business in that he has operat- has demonstrated that he has oper- corporation may object to the renewed his liquor permit business in a ated his liquor business in disregard al of a permit based upon legal manner that demonstrates a disre- of the laws, regulations or local grounds as set forth in division (A) gard for the laws, regulations or ordinances of this state or any other of Revised Code Section 4303.292; local ordinances of the state, and state; and and that this objection is based on other 1264 July 31, 2019 The City Record 93 legal grounds as set forth in be and the same is hereby repealed Whereas, this resolution consti- Revised Code Section 4303.292; and and that this Council consents to the tutes an emergency measure provid- Whereas, this resolution consti- immediate permit thereof. ing for the usual daily operation of tutes an emergency measure provid- Section 2. That this resolution is a municipal department; now, there- ing for the immediate preservation hereby declared to be an emergency fore, of the public peace, prosperity, safe- measure and provided it receives the Be it resolved by the Council of ty and welfare pursuant to Section affirmative vote of two-thirds of all the City of Cleveland: 4303.271 of the Ohio Revised Code, the members elected to Council, it Section 1. That objection to the objections to renewal of liquor per- shall take effect and be in force transfer of ownership of a C1, C2 mits shall be made no later than immediately upon its adoption and and D6 Liquor Permit to Lakshmi thirty days prior to the expiration approval by the Mayor; otherwise, it Trading, LLC, DBA Ann’s Beverage, date of the permit; now, therefore, shall take effect and be in force 14120 Lorain Avenue, Cleveland, Be it resolved by the Council of from and after the earliest period Ohio 44111, Permit No. 4980688, be the City of Cleveland: allowed by law. and the same is hereby withdrawn Section 1. That Council does here- Adopted July 24 2019. and Resolution No. 382-2019, con- by record its objection to the renew- Effective July 26, 2019. taining such objection, be and the al of a D1 and D2 Liquor Permit, same is hereby repealed and that Permit No. 58708380010 owned by this Council consents to the imme- Metro Food & Beverage, Inc., 3203 diate permit thereof. West 25th Street, Cleveland, Ohio Res. No. 849-2019. Section 2. That this resolution is 44109, and requests the Superinten- By Council Member Santana. hereby declared to be an emergency dent of the Division of Liquor Con- An emergency resolution with- measure and provided it receives the trol to set a hearing for said drawing objection to a New C1 affirmative vote of two-thirds of all application in accordance with pro- Liquor Permit at 3545 Ridge Road the members elected to Council, it visions of Section 4303.271 of the and repealing Resolution No. 759-18 shall take effect and be in force Revised Code of Ohio. objecting to said permit. immediately upon its adoption and Section 2. That the Clerk of Coun- Whereas, this Council objected to approval by the Mayor; otherwise, it cil be and she is hereby directed to a New C1 Liquor Permit to Dolgen shall take effect and be in force transmit two certified copies of this Midwest LLC, DBA Dollar General from and after the earliest period resolution, together with two copies Store, #19257, 3545 Ridge Road, allowed by law. of a letter of objection and two Cleveland, Ohio 44102, Permit No. Adopted July 24 2019. 2234815-2760 by Resolution No. 759-18 copies of a letter requesting that the Effective July 26, 2019. hearing be held in Cleveland, Cuya- adopted by the Council on May 21, hoga County, and a statement by the 2018; and Director of Law that, in the Direc- Whereas, this Council wishes to withdraw its objection to the above tor’s opinion, that the objection is Res. No. 851-2019. permit and consents to said permit; based upon substantial legal and By Council Member Kazy. grounds within the meaning and Whereas, this resolution consti- An emergency resolution object- intent of division (A) of Section tutes an emergency measure providing to the renewal of a D5 and D6 4303.292 of the Revised Code to the ing for the usual daily operation of Liquor Permit at 12524 Lorain Superintendent of the Division of a municipal department; now, there- Avenue, 1st floor and basement. Liquor Control. fore, Whereas, the uniform date for Section 3. That this resolution is Be it resolved by the Council of renewal of liquor permits in the hereby declared to be an emergency the City of Cleveland: State of Ohio is October 1st; and measure and, provided it receives Section 1. That objection to the Whereas, pursuant to Section the affirmative vote of two-thirds of New C1 Liquor Permit to Dolgen 4303.271 of the Revised Code, the all the members elected to Council, Midwest LLC, DBA Dollar General legislative authority of a municipal it shall take effect and be in force Store, #19257, 3545 Ridge Road, corporation may object to the renew- immediately upon its adoption and Cleveland, Ohio 44102, Permit No. al of a permit based upon legal approval by the Mayor; otherwise, it 2234815-2760, be and the same is grounds as set forth in division (A) shall take effect and be in force hereby withdrawn and Resolution of Revised Code Section 4303.292; from and after the earliest period No. 759-18, containing such objection, and allowed by law. be and the same is hereby repealed Whereas, the applicant is unfit to Adopted July 24 2019. and that this Council consents to the continue to engage in the liquor per- Effective July 26, 2019. immediate permit thereof. mit business in that he has operat- Section 2. That this resolution is ed his liquor permit business in a hereby declared to be an emergency manner that demonstrates a disre- measure and provided it receives the gard for the laws, regulations or Res. No. 848-2019. affirmative vote of two-thirds of all local ordinances of the state, and By Council Member Santana. the members elected to Council, it that this objection is based on other An emergency resolution with- shall take effect and be in force legal grounds as set forth in drawing objection to a New C1 immediately upon its adoption and Revised Code Section 4303.292; and Liquor Permit at 3040 Fulton Road approval by the Mayor; otherwise, it Whereas, this resolution consti- and repealing Resolution No. 789-18 shall take effect and be in force tutes an emergency measure provid- objecting to said permit. ing for the immediate preservation Whereas, this Council objected to from and after the earliest period of the public peace, prosperity, safe- a New C1 Liquor Permit to Dolgen allowed by law. ty and welfare pursuant to Section Midwest LLC, DBA Dollar General Adopted July 24 2019. 4303.271 of the Ohio Revised Code, Store, #18069, 3040 Fulton Road, Effective July 26, 2019. objections to renewal of liquor per- Cleveland, Ohio 44113, Permit No. mits shall be made no later than 2234815-2935 by Resolution No. 789-18 thirty days prior to the expiration adopted by the Council on June 4, 2018; and Res. No. 850-2019. date of the permit; now, therefore, Whereas, this Council wishes to By Council Member Kazy. Be it resolved by the Council of withdraw its objection to the above An emergency resolution with- the City of Cleveland: permit and consents to said permit; drawing objection to the transfer of Section 1. That Council does here- and ownership of a C1, C2 and D6 Liquor by record its objection to the renew- Whereas, this resolution consti- Permit at 14120 Lorain Avenue and al of a D5 and D6 Liquor Permit, tutes an emergency measure provid- repealing Resolution No. 382-2019 Permit No. 5546767 owned by Marmel ing for the usual daily operation of objecting to said permit. Pub, LLC, DBA M & M’s Saloon, a municipal department; now, there- Whereas, this Council objected to 12524 Lorain Avenue, 1st floor and fore, a transfer of ownership of a C1, C2 basement, Cleveland, Ohio 44111, and Be it resolved by the Council of and D6 Liquor Permit to Lakshmi requests the Superintendent of the the City of Cleveland: Trading, LLC, DBA Ann’s Beverage, Division of Liquor Control to set a Section 1. That objection to the 14120 Lorain Avenue, Cleveland, hearing for said application in New C1 Liquor Permit to Dolgen Ohio 44111, Permit No. 4980688 by accordance with provisions of Sec- Midwest LLC, DBA Dollar General Resolution No. 382-2019 adopted by tion 4303.271 of the Revised Code of Store, #18069, 3040 Fulton Road, the Council on March 25, 2019; and Ohio. Cleveland, Ohio 44113, Permit No. Whereas, this Council wishes to Section 2. That the Clerk of Coun- 2234815-2935, be and the same is withdraw its objection to the above cil be and she is hereby directed to hereby withdrawn and Resolution permit and consents to said permit; transmit two certified copies of this No. 789-18, containing such objection, and resolution, together with two copies 1265 94 The City Record July 31, 2019 of a letter of objection and two Whereas, Council has been noti- immediately upon its adoption and copies of a letter requesting that the fied by the Division of Liquor Con- approval by the Mayor; otherwise, it hearing be held in Cleveland, Cuya- trol of an application for the TREX shall take effect and be in force hoga County, and a statement by the transfer of a D5 and D6 Liquor Per- from and after the earliest period Director of Law that, in the Direc- mit from 15816 Lorain LLC, DBA A allowed by law. tor’s opinion, that the objection is Bar, 15609-15813 Lorain Road, 1st Adopted July 24 2019. based upon substantial legal floor and basement, Cleveland, Ohio Effective July 26, 2019. grounds within the meaning and 44111, Permit Number 6548245 to A intent of division (A) of Section Bar LLC, DBA Far Mor Café, 15609- 4303.292 of the Revised Code to the 15813 Lorain Road, 1st floor and Superintendent of the Division of basement, Cleveland, Ohio 44111, Res. No. 897-2019. Liquor Control. Permit Number 0000676; and By Council Member Bishop. Section 3. That this resolution is Whereas, the granting of this An emergency resolution object- hereby declared to be an emergency application for a liquor permit to ing to the renewal of a C2 and C2X measure and, provided it receives this high crime area, which is Liquor Permit at 4025 East 131st already saturated with other liquor the affirmative vote of two-thirds of Street. outlets, is contrary to the best inter- all the members elected to Council, Whereas, the uniform date for ests of the entire community; and it shall take effect and be in force renewal of liquor permits in the Whereas, the applicant does not immediately upon its adoption and State of Ohio is October 1st; and qualify to be a permit holder and/or approval by the Mayor; otherwise, it Whereas, pursuant to Section has demonstrated that he has oper- shall take effect and be in force 4303.271 of the Revised Code, the ated his liquor business in disregard from and after the earliest period legislative authority of a municipal of the laws, regulations or local corporation may object to the renew- allowed by law. ordinances of this state or any other al of a permit based upon legal Adopted July 24 2019. state; and grounds as set forth in division (A) Effective July 26, 2019. Whereas, the place for which the of Revised Code Section 4303.292; permit is sought has not conformed and to the building, safety or health Whereas, the applicant is unfit to requirements of the governing body continue to engage in the liquor per- Res. No. 852-2019. of this County or City; and mit business in that he has operat- By Council Member Kazy. Whereas, the place for which the ed his liquor permit business in a An emergency resolution with- permit is sought is so arranged or manner that demonstrates a disre- drawing objection to the transfer of constructed that law enforcement gard for the laws, regulations or ownership of a C1, C2 and D6 Liquor officers or agents of the Division of local ordinances of the state, and Permit at 15009 Puritas Avenue and Liquor Control are prevented rea- that this objection is based on other repealing Resolution No. 383-2019 sonable access to the establishment; legal grounds as set forth in objecting to said permit. and Revised Code Section 4303.292; and Whereas, this Council objected to Whereas, the place for which the Whereas, this resolution consti- a transfer of ownership of a C1, C2 permit is sought is so located with tutes an emergency measure provid- and D6 Liquor Permit to Sun150 respect to the neighborhood that it ing for the immediate preservation Corp., DBA Speedy Puritas, 15009 substantially interferes with public of the public peace, prosperity, safe- Puritas Avenue, Cleveland, Ohio decency, sobriety, peace or good ty and welfare pursuant to Section 44135, Permit No. 8695105 by Reso- order; and 4303.271 of the Ohio Revised Code, lution No. 383-2019 adopted by the Whereas, this objection is based objections to renewal of liquor per- Council on March 25, 2019; and mits shall be made no later than Whereas, this Council wishes to on other legal grounds as set forth in Revised Code Section 4303.292; thirty days prior to the expiration withdraw its objection to the above date of the permit; now, therefore, permit and consents to said permit; and Whereas, this resolution consti- Be it resolved by the Council of and the City of Cleveland: Whereas, this resolution constitutes an emergency measure providing for the immediate preservation Section 1. That Council does here- tutes an emergency measure provid- by record its objection to the renew- ing for the usual daily operation of of the public peace, prosperity, safety and welfare pursuant to Section al of a C2 and C2X Liquor Permit, a municipal department; now, there- Permit No. 8429701 owned by Speedy fore, 4303.26 of the Ohio Revised Code. Council’s objection to said permit Harvard, LLC, 4025 East 131st Be it resolved by the Council of Street, Cleveland, Ohio 44105, and the City of Cleveland: must be received by the Superinten- dent of Liquor Control within 30 requests the Superintendent of the Section 1. That objection to the Division of Liquor Control to set a transfer of ownership of a C1, C2 days of notification; now, therefore, Be it resolved by the Council of hearing for said application in and D6 Liquor Permit to Sun150 accordance with provisions of Sec- Corp., DBA Speedy Puritas, 15009 the City of Cleveland: Section 1. That Council does here- tion 4303.271 of the Revised Code of Puritas Avenue, Cleveland, Ohio Ohio. 44135, Permit No. 8695105, be and the by record its objection to the TREX transfer of a D5 and D6 Liquor Per- Section 2. That the Clerk of Coun- same is hereby withdrawn and Res- cil be and she is hereby directed to mit from 15816 Lorain LLC, DBA A olution No. 383-2019, containing such transmit two certified copies of this Bar, 15609-15813 Lorain Road, 1st objection, be and the same is here- resolution, together with two copies floor and basement, Cleveland, Ohio by repealed and that this Council of a letter of objection and two 44111, Permit Number 6548245 to A consents to the immediate permit copies of a letter requesting that the Bar LLC, DBA Far Mor Café, 15609- thereof. hearing be held in Cleveland, Cuya- 15813 Lorain Road, 1st floor and Section 2. That this resolution is hoga County, and a statement by the basement, Cleveland, Ohio 44111, hereby declared to be an emergency Director of Law that, in the Direc- Permit Number 0000676; and measure and provided it receives the tor’s opinion, that the objection is requests the Superintendent of affirmative vote of two-thirds of all based upon substantial legal Liquor Control to set a hearing for the members elected to Council, it grounds within the meaning and shall take effect and be in force said application in accordance with intent of division (A) of Section immediately upon its adoption and provisions of Section 4303.26 of the 4303.292 of the Revised Code to the approval by the Mayor; otherwise, it Revised Code of Ohio. Superintendent of the Division of shall take effect and be in force Section 2. That the Clerk of Coun- Liquor Control. from and after the earliest period cil be and she is hereby directed to Section 3. That this resolution is allowed by law. transmit two certified copies of this hereby declared to be an emergency Adopted July 24 2019. resolution, together with two copies measure and, provided it receives Effective July 26, 2019. of a letter of objection and two the affirmative vote of two-thirds of copies of a letter requesting that the all the members elected to Council, hearing be held in Cleveland, Cuya- it shall take effect and be in force hoga County. immediately upon its adoption and Res. No. 853-2019. Section 3. That this resolution is approval by the Mayor; otherwise, it By Council Member Keane. hereby declared to be an emergency shall take effect and be in force An emergency resolution object- measure and, provided it receives from and after the earliest period ing to the TREX transfer of a D5 the affirmative vote of two-thirds of allowed by law. and D6 Liquor Permit to 15609-15813 all the members elected to Council, Adopted July 24 2019. Lorain Road. it shall take effect and be in force Effective July 26, 2019. 1266 July 31, 2019 The City Record 95

Res. No. 898-2019. located at the northeast corner of Course 5: By Council Member Bishop. East 93rd Street and Chester Avenue Thence North 81°12'36" West, a An emergency resolution object- to The Cleveland Clinic Foundation, distance of 80.91 feet; ing to the renewal of a D2, D2X, D3 or its designee for purposes of con- and D3A Liquor Permit at 4005-07 structing a dental clinic. Course 6: East 131st Street and patio. Whereas, the Director of Capital Thence North 88°18'25" West, a Whereas, the uniform date for Projects has requested the sale of distance of 68.00 feet to the princi- renewal of liquor permits in the the City-owned property to The pal place of beginning and contain- State of Ohio is October 1st; and Cleveland Clinic Foundation, or its ing 0.0331 Acre (1,443 S.F.) of land Whereas, pursuant to Section designee (the “Redeveloper”) no according to a survey made by 4303.271 of the Revised Code, the longer needed for the City’s public Steven J. Metcalf Registered Sur- legislative authority of a municipal use and located at the northeast cor- veyor No. 8622-Ohio in July 12, 2016 corporation may object to the renew- ner of East 93rd Street and Chester Be the same more or less, but sub- al of a permit based upon legal Avenue for purposes of constructing ject to all legal highways and ease- a dental clinic; and grounds as set forth in division (A) ments of record. Whereas, this ordinance consti- of Revised Code Section 4303.292; Monuments described as “5/8" iron tutes an emergency measure provid- and pin set” are 5/8" x 30" rebar capped ing for the usual daily operation of “Neff & Assoc.-8622. Whereas, the applicant is unfit to a municipal department; now, there- Section 2. That by and at the continue to engage in the liquor per- fore, direction of the Board of Control, mit business in that he has operat- Be it ordained by the Council of the Commissioner of Purchases and ed his liquor permit business in a the City of Cleveland: Supplies is authorized to sell the manner that demonstrates a disre- Section 1. That notwithstanding above-described property to the gard for the laws, regulations or and as an exception to the provi- Redeveloper at a price not less than local ordinances of the state, and sions of Chapter 181 and 183 of the the appraised value of $38,947, that this objection is based on other Codified Ordinances of Cleveland, which is determined to be fair mar- legal grounds as set forth in Ohio, 1976, it is found and deter- ket value. Revised Code Section 4303.292; and mined that the following described Section 3. That the conveyance Whereas, this resolution consti- property is no longer needed for the shall be made by official deed pre- tutes an emergency measure provid- City’s public use: pared by the Director of Law and ing for the immediate preservation Situated in the City of Cleveland, executed by the Mayor on behalf of of the public peace, prosperity, safe- County of Cuyahoga, State of Ohio the City of Cleveland. The deed ty and welfare pursuant to Section and known as being part of Origi- shall contain necessary provisions, 4303.271 of the Ohio Revised Code, nal One Hundred Acre Lot No. 401 including restrictive reversionary objections to renewal of liquor per- and is further bounded and interests as may be specified by the mits shall be made no later than described as follows: Board of Control or Director of Law, thirty days prior to the expiration Beginning at a stone monument which shall protect the City’s inter- date of the permit; now, therefore, found on the centerline of Chester ests and shall specifically contain a Be it resolved by the Council of Avenue (Width Varies) and a dis- provision against the erection of the City of Cleveland: tance of 29.59 feet Easterly from the any advertising signs or billboards Section 1. That Council does here- centerline East 93rd Street (60 Feet except permitted identification by record its objection to the renew- Wide); signs. al of a D2, D2X, D3 and D3A Liquor Thence North 00°36'52" East, a Section 4. That the Director of Permit, Permit No. 4685380 owned by distance of 43.01 feet to the inter- Capital Projects is authorized to section of the Easterly right of way Kitt, LLC, 4005-07 East 131st Street execute any documents as may be of said East 93rd Street and the and patio, Cleveland, Ohio 44105, and necessary to effectuate the purposes Northerly right of way of said requests the Superintendent of the of this ordinance. Chester Avenue; Section 5. That this ordinance is Division of Liquor Control to set a Thence North 00°02'28" East, declared to be an emergency mea- hearing for said application in along the Easterly right of way of sure and, provided it receives the accordance with provisions of Sec- said East 93rd Street, a distance of affirmative vote of two-thirds of all tion 4303.271 of the Revised Code of 10.00 feet to the principal place of the members elected to Council, it Ohio. beginning; shall take effect and be in force Section 2. That the Clerk of Coun- immediately upon its passage and cil be and she is hereby directed to Course 1: approval by the Mayor; otherwise it transmit two certified copies of this Thence North 00°02'28" East, con- shall take effect and be in force resolution, together with two copies tinuing along the Easterly right of from and after the earliest period of a letter of objection and two way of said East 93rd Street, a dis- allowed by law. copies of a letter requesting that the tance of 3.16 feet to a 5/8" iron pin Referred to Directors of Capital hearing be held in Cleveland, Cuya- set at the Southwesterly corner of a Projects, City Planning Commission, hoga County, and a statement by the parcel of land owned by the Cleve- Finance, Law; Committees on Munic- Director of Law that, in the Direc- land Clinic Foundation as shown in ipal Services and Properties, Devel- tor’s opinion, that the objection is recorded plat in Volume 318 of opment Planning and Sustainability, based upon substantial legal Maps, Page 52 of Cuyahoga County Finance. grounds within the meaning and Records; Passed July 24, 2019. intent of division (A) of Section Effective July 26, 2019. 4303.292 of the Revised Code to the Course 2: Superintendent of the Division of Thence North 89°49'28" East, Liquor Control. along the Southerly line of said Section 3. That this resolution is Cleveland Clinic Foundation parcel, Ord. No. 637-2019. hereby declared to be an emergency a distance of 160.00 feet to a 5/8" By Council Members Johnson and measure and, provided it receives iron pin set on the Westerly line of Kelley (by departmental request). the affirmative vote of two-thirds of a P.P.N. 119-08-085 and conveyed to An emergency ordinance deter- all the members elected to Council, Cleveland Clinic Foundation by mining the method of making the A.F.N. 201705090015 of Cuyahoga it shall take effect and be in force public improvement of constructing, County Records; immediately upon its adoption and rehabilitating, renovating, replacing or otherwise improving public facil- approval by the Mayor; otherwise, it Course 3: shall take effect and be in force Thence South 00°02'28" West, ities, buildings, and other similar from and after the earliest period along the Westerly line of said structures, including site improve- allowed by law. P.P.N. 119-08-085 a Cleveland Clinic ments and appurtenances; and Adopted July 24 2019. Foundation parcel, a distance of authorizing the Director of Public Effective July 26, 2019. 18.38 feet to a capped 5/8" iron pin Works or Capital Projects, as appro- (#7513) found at the Southwesterly priate, to enter into one or more pub- corner of said P.P.N. 119-08-085 a lic improvement contracts for the Cleveland Clinic Foundation parcel making of the improvement; enter Ord. No. 512-2019. and a point on the Northerly right into one or more professional ser- By Council Members B. Jones, of way of said Chester Avenue; vices and other contracts needed to Johnson, Brancatelli and Kelley (by implement the improvement; to departmental request). Course 4: apply for and accept grants and An emergency ordinance authoriz- Thence North 88°18'25" West, gifts; and authorizing the direct ing the Commissioner of Purchases along the Northerly right of way of employment of the necessary labor, and Supplies to sell City-owned prop- said Chester Avenue, a distance of for the Department of Public Works erty no longer needed for public use 12.07 feet; and Office of Capital Projects. 1267 96 The City Record July 31, 2019

Whereas, this ordinance consti- Section 6. That, provided the City or funds which are credited the pro- tutes an emergency measure provid- of Cleveland sells the bonds autho- ceeds of the sale of bonds autho- ing for the usual daily operation of rized by Ordinance No. 509-2019, rized by Ordinance No. 509-2019, a municipal department; now, there- passed April 29, 2019, the Director of passed April 29, 2019, if the City fore, Public Works or Capital Projects, as sells such bonds and Fund Nos. 20 Be it ordained by the Council of appropriate, is authorized to make SF 111, 20 SF 566, 20 SF 573, 20 SF the City of Cleveland: one or more written standard pur- 578, the fund or funds to which are Section 1. That, under Section 167 chase and/or written requirement credited grant funds or cash gifts of the Charter of the City of Cleve- purchase contracts under the Chap- received, and any other funds land, this Council determines to ter and the Codified Ordinances of deemed appropriate by the Director make the public improvement of Cleveland, Ohio, 1976, for each or all of Finance. (RQS 0103, RLA 2019-28) constructing, rehabilitating, renovat- of the items comprising the neces- Section 11. That this ordinance is ing, replacing or otherwise improv- sary supplies and materials for the declared to be an emergency mea- ing public facilities, buildings, and Improvements, to be purchased or sure and, provided it receives the other similar structures, including procured by the Commissioner of affirmative vote of two-thirds of all Purchases and Supplies on a unit site improvements and appurte- the members elected to Council, it basis for the Director of Public nances (the “Improvement”), for the shall take effect and be in force Works or Capital Projects, as appro- Department of Public Works and immediately upon its passage and priate. Bids shall be taken in a man- Office of Capital Projects, by one or approval by the Mayor; otherwise it ner that permits an award to be shall take effect and be in force more contracts duly let to the low- made for all items as a single con- est responsible bidder or bidders from and after the earliest period tract, or by separate contract for allowed by law. after competitive bidding for a gross each or any combination of the price for the improvement. Passed July 24, 2019. items as the Board of Control deter- Effective July 26, 2019. Section 2. That, provided the City mines. Alternate bids for a period of Cleveland sells the bonds autho- less than the specified term may be rized by Ordinance No. 509-2019, taken if desired by the Commis- passed April 29, 2019, the Director of sioner of Purchases and Supplies Ord. No. 638-2019. Public Works or Capital Projects, as until provision is made for the By Council Members Johnson and appropriate, is authorized to enter requirements for the entire terms. In Kelley (by departmental request). into one or more contracts for the lieu of utilizing the authority con- An emergency ordinance deter- making of the public improvement tained in this ordinance, and mining the method of making the with the lowest responsible bidder notwithstanding the provisions of public improvement of constructing, or bidders after competitive bidding Codified Ordinance Sections 131.67 rehabilitating, renovating, replacing for a gross price for the Improve- and 181.101 to the contrary, nothing or otherwise improving recreation ment, provided, however, that each shall prohibit purchases described in facilities, ancillary recreation build- separate trade and each distinct this section from being procured under an existing or future require- ings, and other similar structures, component part of the Improvement on City-owned and City-leased park may be treated as a separate ments contract authorized under Codified Ordinance Sections 131.67 property, including site improve- improvement, and each, or any com- ments and appurtenances; authoriz- bination, of the trades or compo- or 181.101, payable from the funds identified in this ordinance. ing the Director of Public Works or nents may be the subject of a Capital Projects, as appropriate; separate contract for a gross price. Section 7. That, provided the City of Cleveland sells the bonds autho- enter into one or more public On request of the director, the con- improvement contracts for the mak- tractor shall furnish a correct sched- rized by Ordinance No. 509-2019, passed April 29, 2019, under Section ing of the improvement; enter into ule of unit prices, including profit 167 of the Charter of the City of one or more professional services and overhead, for all items consti- Cleveland, it is determined to make and other contracts needed to imple- tuting units of the Improvement. the Improvement, including all site ment the improvement; to apply for Section 3. That, provided the City improvements and appurtenances and accept grants and gifts; and of Cleveland sells the bonds autho- necessary and incidental, which are authorizing the direct employment rized by Ordinance No. 509-2019, not covered by the contract or con- of the necessary labor, for the passed April 29, 2019, the Public tracts authorized otherwise in this Department of Public Works and Works or Capital Projects, as appro- ordinance by the direct employment Office of Capital Projects. priate, is authorized to employ by of the necessary labor, and the pur- Whereas, this ordinance consti- contract or contracts one or more chase or rental of the necessary tutes an emergency measure provid- consultants or one or more firms of supplies and materials for the making for the usual daily operation of consultants for the purpose of sup- ing of the Improvement which sup- a municipal department; now, there- plementing the regularly employed plies and materials are not covered fore, staff of the several departments of by the contract or contracts autho- Be it ordained by the Council of the City of Cleveland in order to pro- rized otherwise in this ordinance, the City of Cleveland: vide professional services necessary with a separate accounting for each Section 1. That under Section 167 to design the Improvement. Improvement made. of the Charter of the City of Cleve- Section 4. That the selection of the Section 8. That under Section land, it is determined to make the consultants for the services shall be 108(b) of the Charter, the purchases public improvement of constructing, made by the Board of Control on the authorized by this ordinance may be rehabilitating, renovating, replacing nomination of the Director of Public made through cooperative agree- or otherwise improving recreation Works or Capital Projects, as appro- ments with other governmental facilities, ancillary recreation build- priate, from a list of qualified con- agencies. The Director of Public ings, and other similar structures, sultants available for employment Works or Capital Projects, as appro- on City-owned and City-leased park as may be determined after a full priate, may sign all documents that property, including site improve- and complete canvass by the Direc- are necessary to make the purchas- ments and appurtenances, for the tor of Public Works or Capital Pro- es, and may enter into one or more Departments of Public Works and jects, as appropriate, for the purpose contracts with the vendors selected Capital Projects, by one or more con- of compiling a list. The compensa- through that cooperative process. tracts duly let to the lowest respon- tion to be paid for the services shall Section 9. That the Director of sible bidder or bidders after be fixed by the Board of Control. Public Works or Capital Projects, as competitive bidding for a gross The contract or contracts authorized appropriate, is authorized to apply price for the improvement. shall be prepared by the Director of for and accept any gifts or grants Section 2. That, provided the City Law, approved by the Director of from any public or private entity; of Cleveland sells the bonds autho- Public Works or Capital Projects, as and for this purpose from any pub- rized by Ordinance No. 508-2019, appropriate, and certified by the lic or private entity; and that the passed April 29, 2019, the Director of Director of Finance. appropriate Director is authorized to Public Works or Capital Projects, as Section 5. That the Director of file all papers and execute all doc- appropriate, is authorized to enter Public Works or Capital Projects, as uments necessary to receive the into one or more contracts for the appropriate, is authorized to apply funds under the grant; and that the making of the public improvement and pay for permits, licenses, or funds are appropriated for the pur- with the lowest responsible bidder other authorizations required by any poses described in this ordinance. after competitive bidding for a gross regulatory agency or public author- Section 10 That the cost of any price for the improvement, provided, ity to permit performance of the expenditure authorized by this ordi- however, that each separate trade work authorized by this ordinance. nance shall be paid from the fund and each distinct component part of 1268 July 31, 2019 The City Record 97 the improvement may be treated as by the Commissioner of Purchases passed April 29, 2019, under Section a separate improvement, and each, and Supplies until provision is made 167 of the Charter of the City of or any combination, of the trades or for the requirements for the entire Cleveland, it is determined to make components may be the subject of a term. the Improvement, including all site separate contract for a gross price. Section 7. That, provided the City improvements and appurtenances On request of the director the con- of Cleveland sells bonds authorized necessary and incidental, which are tractor shall furnish a correct sched- by Ordinance No. 508-2019, passed not covered by the contract or con- ule of unit prices, including profit April 29, 2019, the Director of Pub- tracts authorized otherwise in this and overhead, for all items consti- lic Works or Capital Projects, as ordinance by the direct employment tuting units of the improvement. appropriate, is authorized to employ of the necessary labor, and the pur- Section 3. That under Section 167 by contract one or more architects, chase or rental of the necessary sup- of the Charter of the City of Cleve- landscape architects and engineers, plies and materials for the making land, it is determined to make the or one or more firms of architects, of the Improvement which supplies public improvement of constructing, landscape architects and engineers, and materials are not covered by the rehabilitating, renovating, replacing necessary to implement this ordi- contract or contracts authorized oth- or otherwise improving parks and nance. erwise in this ordinance, with a sep- playgrounds on City-owned and City- Section 8. That the selection of the arate accounting for each leased park property, including all consultants for the services shall be Improvement made. site improvements and appurte- made by the Board of Control on the Section 12. That under Section nances necessary and incidental, for nomination of the Director of Public 108(b) of the Charter, the purchases the Director of Public Works or Cap- Works or Capital Projects, as appro- authorized by this ordinance may be ital Projects, as appropriate, by one priate, from a list of qualified con- made through cooperative agree- or more contracts duly let to the sultants available for the ments with other governmental lowest responsible bidder or bidders employment as may be determined agencies. The Director of Public after competitive bidding on a unit after a full and complete canvass by Works or Capital Projects, as appro- basis for the improvement. the Director of Public Works or Cap- priate, may sign all documents that Section 4. That, provided the City ital Projects, as appropriate, for the are necessary to make the purchas- of Cleveland sells the bonds autho- purpose of compiling the list. The es, and may enter into one or more rized by Ordinance No. 508-2019, compensation to be paid for the ser- contracts with the vendors selected passed April 29, 2019, the Director of vices shall be fixed by the Board of through that cooperative process. Public Works or Capital Projects, as Control. The contract or contracts Section 13. That the Director of appropriate, is authorized to enter authorized shall be prepared by the Public Works or Capital Projects, as into one or more contracts for the Director of Law, approved by the appropriate, is authorized to apply making of the public improvement Director of Public Works or Capital for and accept any gifts or grants with the lowest responsible bidder Projects, as appropriate, and certi- from any public or private entity; after competitive bidding on a unit fied by the Director of Finance. and for this purpose from any pub- basis for the improvement, provided, Section 9. That the Director of lic or private entity; and that the however, that each separate trade Public Works or Capital Projects, as appropriate Director is authorized to and each distinct component part of appropriate, is authorized to apply the improvement may be treated as file all papers and execute all doc- and pay for permits, licenses, or uments necessary to receive the a separate improvement, and each, other authorizations required by any or any combination, of the trades or funds under the grant; and that the regulatory agency or public author- funds are appropriated for the pur- components may be the subject of a ity to permit performance of the separate contract on a unit basis. poses described in this ordinance. work authorized by this ordinance. Section 14. That the cost of any Section 5. That, provided the City Section 10. That, provided the City of Cleveland sells the bonds autho- requirement contract or requirement of Cleveland sells the bonds authorized by Ordinance No. 508-2019, contracts or eligible expenditure rized by Ordinance No. 508-2019, passed April 29, 2019 and under Sec- shall be paid from Ordinance No. passed April 29, 2019, the Director of tion 167 of the Charter of the City 508-2019, passed April 29, 2019, if the Public Works or Capital Projects, as of Cleveland, this Council deter- City sells such bonds and Fund Nos. appropriate, is authorized to make mines to make the public improve- 20 SF 552, 20 SF 558, 20 SF 561, 20 one or more written standard pur- ment of installing safety surfaces SF 565, 20 SF 572, 20 SF 577, and chase and/or written requirement and play equipment at City-owned shall also be charged against the purchase contracts under the Chap- and City-leased park property and proper appropriation accounts and ter and the Codified Ordinances of playgrounds, for the Departments of the Director of Finance shall certi- Public Works and Capital Projects, Cleveland, Ohio, 1976, for each or all fy the amount of any purchase by one or more public improvement of the items comprising the neces- under the requirement contracts, requirement contracts duly let to the sary supplies and materials for the each of which purchases shall be lowest responsible bidder or bidders improvements described in this ordi- made on order of the Commissioner on a unit basis for the improvement. nance, to be purchased or procured of Purchases and Supplies by a Section 6. That, provided the City by the Commissioner of Purchases delivery order issued against the of Cleveland sells the bonds autho- and Supplies on a unit basis for the requirement contracts certified by rized by Ordinance No. 508-2019, Director of Public Works or Capital the Director of Finance. The costs passed April 29, 2019, the Director of Projects, as appropriate. Bids shall of any other contract or expenditure Public Works and Capital Projects be taken in a manner that permits authorized by this ordinance shall are authorized to make one or more an award to be made for all items be paid from the fund or funds written requirement contracts under as a single contract, or by separate which are credited the proceeds of the Charter and the Codified Ordi- contract for each or any combina- the sale of bonds authorized by Ordi- nances of Cleveland, Ohio, 1976, for tion of the items as the Board of nance No. 508-2019, passed April 29, the requirements for a term to be Control determines. Alternate bids 2019, if the City sells such bonds and determined by the Director of Pub- for a period less than the specified Fund Nos. 20 SF 552, 20 SF 558, 20 lic Works and Capital Projects , for term may be taken if desired by the SF 561, 20 SF 565, 20 SF 572, 20 SF the making of the above public Commissioner of Purchases and Sup- 577, the fund or funds to which are improvement with the lowest plies until provision is made for the credited grant funds or cash gifts responsible bidder or bidders after requirements for the entire terms. In received, any other funds deemed competitive bidding on a unit basis lieu of utilizing the authority con- appropriate by the Director of for the improvement for a period not tained in this ordinance, and Finance. (RQS 0103, RLA 2019-27) to exceed the specified term, pur- notwithstanding the provisions of Section 15. That this ordinance is chased by the Commissioner of Pur- Codified Ordinance Sections 131.67 declared to be an emergency mea- chases and Supplies on a unit basis and 181.101 to the contrary, nothing sure and, provided it receives the for the Departments of Public shall prohibit purchases described in affirmative vote of two-thirds of all Works and Capital Projects. Bids this section from being procured the members elected to Council, it shall be taken in a manner that per- under an existing or future require- shall take effect and be in force mits an award to be made for all ments contract authorized under immediately upon its passage and items as a single contract, or by sep- Codified Ordinance Sections 131.67 approval by the Mayor; otherwise it arate contract for each or any com- or 181.101, payable from the funds shall take effect and be in force bination of the items as the Board identified in this ordinance. from and after the earliest period of Control determines. Alternate Section 11. That, provided the City allowed by law. bids for a period less than the spec- of Cleveland sells the bonds autho- Passed July 24, 2019. ified term may be taken if desired rized by Ordinance No. 508-2019, Effective July 26, 2019. 1269 98 The City Record July 31, 2019

Ord. No. 648-2019. By Council Member Hairston. An ordinance changing the Use, Area, & Height Districts of parcels of land South of Aspinwall Avenue to Wood- worth Avenue between East 134th Street to East 152nd Street and adding an Urban Form Overlay along the major corridors within the neighborhood. (Map Change 2599) Be it ordained by the Council of the City of Cleveland: Section 1. Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio, that the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of East 150th Street (formerly Mars Street) and the westerly prolongation of the northerly line of a parcel of land conveyed by deed to Linda G. Smith on January 1, 2007 as recorded in Cuyahoga County Records known as being Sublot No. 11 in Lucien Gunn’s Heirs Subdivision of part of the Original One-Hundred (100) Acre Lot No. 1, as shown by recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Records (also known as Permanent Parcel Number (PPN) 115-09-021); Thence, easterly along said westerly prolongation of said northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the northerly line of a parcel land conveyed to the United States Postal Services (an independent establishment of the Execu- tive Branch of the United States) by deed on January 23, 1997 and known as being all of Sublot No. 23, parts of Sublot Nos. 24, 56, 57 and all of Sublot No. 58 as part of J. Prouting et Al. Subdivision as shown by recorded plat in Volume 22 of Maps, Page 14 of Cuyahoga County Records (PPN 115-10-008); Thence, westerly along said northerly line to its intersection with the most westerly line thereof; Thence, southerly along said westerly line to its intersection with the northerly line of a parcel of land conveyed by deed to William C. and Agnita Houser, Sr. on June 3, 1985 as recorded in Auditor’s File Number (AFN): 200311260208 of Cuyahoga County Fiscal Records (PPN 115-10-011); Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line to its intersection with the easterly prolongation of the northerly line of Sublot No. 26 in J. Prouting et Al. Subdivision of a part of Original Euclid Township Lot No. 1, as shown by the recorded plat in Volume 22 of Maps, Page 14 of Cuyahoga County Records (PPN 115-10-010); Thence, westerly along said easterly prolongation of said northerly line to its intersection with the easterly line of the parcel thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the southerly line of a parcel of land conveyed to Douglas S. Wahr by deed (Sublot No. 33) on March 4, 2004 as recorded by AFN: 200403040784 in Cuyahoga County Fiscal Records (PPN 115-11-046); Thence, westerly along said southerly line to its intersection with the centerline of East 150th Street; Thence, southerly along the centerline of East 150th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by deed to Stacy Luu on May 26, 2005 and known as Sublot No. 4 in J. Prouting et Al. Subdivision of part of Lot No. One (1), Tract No. Sixteen (16) in East Cleveland Town- ship as shown by the recorded plat in Volume 22 of Maps, Page 14 of Cuyahoga County Records. (PPN 115-11- 041); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program by deed on November 6, 2013 and more commonly known as PPN 115-11-018; Thence, southerly along the easterly line thereof to its intersection with the northerly line of Sublot No. 218 in Nelson Moses’ Subdivision of part of Original Euclid Township lots Nos. 1 and 2, as shown by the recorded plat in Volume 8 of Maps, Page 9 of Cuyahoga County Records (PPN 115-11-016); Thence, westerly along the northerly line thereof to its intersection with the westerly line of said parcel; Thence, southerly along said westerly line to its intersection with the northerly line of a parcel of land conveyed by deed by the City of Cleveland Reutilization Program to Kim K Nelson on August 27, 2002 and also known as Sublot No. 217 in Nelson Moses’ Subdivision of part of Original Euclid Township Lots Nos. 1 and 2, as shown by the recorded plat in Volume 8 of Maps, Page 9 of Cuyahoga County Records (PPN 115-11-017); Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of East 149th (formerly known as Manning Street); Thence, southerly along said centerline of East 149th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by deed to Monique Allen on October 28, 2005 as recorded in AFN: 200510311568 of Cuyahoga County Fiscal Records and more commonly known as PPN 115-07-076; Thence, westerly along said easterly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Erieview Homes II Limited Partnership on October 23, 2006 as recorded in AFN: 200704100150 of Cuyahoga County Fiscal Records (PPN 115-07-075); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the southerly line of a parcel of land conveyed to J & S Family Rentals LLC by deed on March 3, 2006 as shown in Cuyahoga County Map Records and more commonly known as PPN 115-07-073; Thence, southwesterly along said southerly line to its intersection with the centerline of East 147th Street; Thence, northerly along the centerline of East 147th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by deed to Eva M. Clardy on August 29, 2007 also known as Sublot No. 74 in Nelson Moses’ Subdivision of part of Original Euclid Township Lot Nos. 1 and 2, as shown by the recorded plat Volume 8 of Maps, Page 9 of Cuyahoga County Map Records (PPN 115-07-049); Thence, westerly along said easterly prolongation of said southerly line and its westerly prolongation to its intersection with the centerline of East 146th Street; Thence, southerly along the centerline of East 146th Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to Valdia McNeil by deed on April 16, 2003 as recorded by AFN: 200304160580 in Cuyahoga County Fiscal Records (PPN 115-07-042); Thence, westerly along the easterly prolongation of said southerly line and its westerly prolongation to its intersection with the centerline of East 144th Street; 1270 July 31, 2019 The City Record 99

Thence, southerly along said centerline of East 144th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 83 in Cowles, Brooks and Smyth’s Subdivision of part of Original Euclid Town- ship Lot Nos. 1 and 2 as shown by the recorded plat in Volume 9 of Maps, Page 11 of Cuyahoga County Records (PPN 115-04-077); Thence, westerly along said southerly line to its intersection with the easterly line thereof; Thence, southerly along the southerly prolongation of said easterly line to its intersection with the southerly line of Sublot No. 81 in aforementioned Subdivision (PPN 115-04-075); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 143rd Street; Thence, southerly along the centerline of East 143rd Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 160 in the Wolfe-Sill Realty Company’s St. Clair East 140th Subdivision of part of Original Euclid Township Lot No. 1 in Tract No. 16 and part of Original Euclid Township Lot No. 2 in Tract No. 10, as shown by the recorded plat in Volume 59 of Maps, Page 12 of Cuyahoga County Records (PPN 115-04- 071); Thence, westerly along said southerly line to its intersection with the westerly line thereof; Thence, northerly along said westerly line and its northerly prolongation to its intersection with the centerline of Nell (formerly Cross) Avenue; Thence, northerly along the southerly prolongation of the westerly line of a parcel of land conveyed to Bar- bara Gray on January 1, 1998 also known as Sublot No. 139 or PPN 115-03-054 and continuing northerly to its intersection with the northerly line of Sublot No. 24, a parcel of land conveyed by deed to Shirley Seawright on January 25, 2013 and more commonly known as PPN 115-01-029; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 143rd (formerly Stone) Street; Thence, southerly along said centerline to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by deed to Jerry Fulton on March 16, 1990 (Sublot No. 4) as shown by recorded plat in Cuyahoga County Records and more commonly known as PPN 115-01-025; Thence, easterly along said northerly line and its easterly prolongation and continuing easterly to its intersection with the centerline of East 146th (formerly Lyman) Street; Thence, southerly along said centerline of East 146th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program by deed on August 27, 2012 as recorded by Cuyahoga County Records and more commonly known as PPN 115-05-069; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 147th (formerly Clark) Street; Thence, northerly along the centerline of East 147th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 29 in Lucian Gunn’s Heirs Subdivision of part of Original Euclid Township Lot No. 1, Tract No. 16, as shown by the recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Map Records (PPN 115-05-083); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed to Donald Buzzard by deed on February 27, 2017 as recorded by Cuyahoga County Auditor’s File Number (AFN): 201702270260 and more commonly known as PPN 115-05-038; Thence, northerly along said easterly line to its intersection with the southerly line of a parcel of land conveyed to Jerome Broome and Jimmie Pope dated March 28, 1985 as recorded in AFN: 01165885 in Book 51535, Page 62 in Cuyahoga County Fiscal Records and more commonly known as PPN 115-05-037; Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 149th (formerly Manning) Street; Thence, southerly along the centerline of East 149th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 21 in the Lucian Gunn’s Heirs Subdivision of part of Original Euclid Town- ship Lot No. 1, as shown by the recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Map Records (PPN 115-09-035); Thence, easterly along said westerly prolongation of the northerly line and its easterly prolongation to its intersection with the centerline of East 150th (formerly Mars) Street and the point of origin; And; Beginning at the intersection of the centerline of East 134th (formerly Middlesex) Street and the centerline of Earlwood Avenue; Thence, southeasterly along the centerline of Earlwood Avenue to its intersection with the northeasterly prolongation of the southeasterly line of Sublot No. 219 in Schatzlinger’s Glenhaven Subdivision of part of Original One Hundred (100) Acre Lot No. 359 as shown by the recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Map Records (also known as Cuyahoga County PPN 111-22-096); Thence, southwesterly along said line to its intersection with the southerly line thereof; Thence, southeasterly along said southerly line to its intersection with the southeasterly line of a parcel of land conveyed by deed to Ambrose Adams, Jr. dated October 16, 2008 and recorded in Auditor’s File Number (AFN) 200810160388 known as being all of Sublot No. 305 and the northwesterly five (5) feet of Sublot No. 306 in the aforementioned Subdivision as shown by recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Map Records (PPN 111-22-069); Thence, southwesterly along said line and its southwesterly prolongation to its intersection with the centerline of Blenheim Road N.E.; Thence, northwesterly along said centerline to its intersection with the northeasterly prolongation of the southeasterly line of a Sublot No. 317 in said Subdivision as shown by recorded plat in Book 10780, Page 28 of Cuya- hoga County Fiscal Records (PPN 111-22-061); Thence, southwesterly along said southeasterly line and its southwesterly prolongation to its intersection with the centerline of Ashburton Road N.E; Thence, northwesterly along said centerline to its intersection with the northeasterly prolongation of the southeasterly line of Sublot No. 403 and conveyed by Warranty Deed to Spanish Cay dated August 20, 2018 and recorded in Auditor’s File Number (AFN) 201808200324 said parcel also being known as PPN 111-23-058; 1271 100 The City Record July 31, 2019

Thence, southwesterly along said southeasterly line to its intersection with the southerly line thereof; Thence, northwesterly along said southerly line to its intersection with the southeasterly line of a parcel of land conveyed by Warranty Deed to Phulkari, LLC dated October 15, 2015 and also known as Sublot No. 469 of said Subdivision of part of Original 100 Acre Lot No. 349, as shown by recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Map Records (PPN 111-23-054); Thence, southwesterly along said southeasterly line and its southwesterly prolongation to its intersection with the centerline of Casper Road N.E.; Thence, northwesterly along the centerline of Casper Road to its intersection with the northeasterly prolongation of the southeasterly line of a parcel of land known as being Sublot No. 480 in Glenhaven Subdivision of part of Original One Hundred Acre Lot No. 359, as shown by the recorded Plat in Volume 38 of Maps, Page 8 of Cuya- hoga County Records (PPN 111-23-039); Thence, southwesterly along the prolongation thereof to its intersection with the southwesterly line of Sublot No. 480 in the Glenhaven Subdivision of part of Original One Hundred (100) Acre Lot No. 359 as shown by recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Map Records (PPN 111-23-039); Thence, northwesterly along said southwesterly line and its northwesterly prolongation to its intersection with the centerline of East 134th (formerly Middlesex) Street; Thence, northerly along said centerline to its intersection with the centerline of Earlwood Road and the point of origin; And; Beginning at the intersection of the centerline of East 149th Street (formerly Gray’s Court) and the northeasterly prolongation of the northerly line of a parcel of land conveyed by deed to William & Juliette Stoudmire dated July 6, 1999 and recorded in Auditor’s File Number (AFN) 199907060248 and known as being Sublot No. 4 in A.W. Baldwin’s Subdivision of part of Original Euclid Township Lots Nos. 1 and 2 as shown by recorded plat in Volume 23 of Maps, Page 8 of Cuyahoga County Map Records (aka PPN 115-13-013); Thence, southeasterly along the centerline of East 149th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 19 in Ben Gray’s Subdivision of part of Original Euclid Township Lots Nos. 1 and 2, as shown by the recorded plat in Volume 18 of Maps, Page 9 of Cuyahoga County Map Records (PPN 115-13-027); Thence, southwesterly along said southerly line to its intersection with the westerly line thereof; Thence, northwesterly along said westerly line to its intersection with the southerly line of a parcel of land conveyed by deed to Peter Scott Williams dated May 28, 2010 as recorded in Auditor’s File Number (AFN): 201005281062 also being known as Cuyahoga County PPN 115-13-030; Thence, southwesterly along said southerly line and its southwesterly prolongation to its intersection with the centerline of East 148th Street; Thence southeasterly along the centerline of East 148th Street to its intersection with the centerline of Elmhurst Avenue N.E.; Thence, southwesterly along the centerline of Elmhurst Avenue N.E. to its intersection with the centerline of Galewood Drive; Thence, southeasterly along the centerline of Galewood Drive to its intersection with the northerly line Sublot No. 176 in The Country Home Company’s Glen Haven Heights Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 54, Page 28 of Cuyahoga County Map Records (PPN 115-14-018); Thence, southwesterly along said northerly line to its intersection with the easterly line of a parcel of land conveyed by deed to AIRTEK LLC dated August 22, 2014 and recorded in Auditor’s File Number (AFN): 201708220269 also morn commonly known as PPN 115-14-149; Thence, southeasterly along said easterly line to its intersection with the southerly line thereof; Thence, southwesterly along said southerly line to its intersection with the easterly line of a parcel of land conveyed to Urban Reconstruction Co. dated March 22, 1971 and recorded in Auditor’s File Number (AFN): 00046187 also being known as Cuyahoga County PPN 115-14-009; Thence, southeasterly along said easterly line and its southeasterly prolongation to its intersection with the southerly line of Sublot No.172, also known as a parcel of land granted to Spencer Hartents by deed dated June 20, 1977 and recorded in Auditor File’s Number 00118213 said parcel also being known as Cuyahoga County PPN 115-14-012; Thence, southwesterly along said southerly line its southwesterly prolongation to its intersection with the easterly line of a parcel of land conveyed to Erieview Homes I LTD Partnership (EH1LP) dated November 14, 2003 and recorded on February 5, 2004 as Instrument No. (AFN) 200402050624 also being known as Sublot No. 54 in Country Home Company’s Glen Haven Heights Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10 as shown by the recorded plat in Volume 54 of Maps, Page 28 of Cuyahoga County Records (aka PPN 111- 26-024); Thence, southeasterly along said easterly line and its southeasterly prolongation to its intersection with the centerline of Idarose Avenue N.E.; Thence easterly along the centerline of Idarose Avenue N.E. to its intersection with the centerline of Wemple Road N.E; Thence, southerly along the centerline of Wemple Road N.E. to its intersection with the northeasterly prolongation of the southerly line of a parcel of land conveyed to Clifton Barry Armoogam by deed dated December 20, 2017 and recorded as Auditor’s File Number (AFN): 201802060477 also being known as Cuyahoga County PPN 115-15-028; Thence, southwesterly along said southerly line and its westerly prolongation to its intersection with the centerline of Coit Road; Thence, southerly along the centerline of Coit Road to its intersection with the easterly prolongation of the southerly line of Sublot No. 135 in said Subdivision, Euclid Township Lot No. 2, Tract No. 10 as shown by recorded plat in Volume 54 of Maps, Page 28 of Cuyahoga County Map Records (aka PPN 111-28-074); 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 easterly prolongation of the northerly line of Sublot No. 115 in said subdivision also being known as Cuyahoga County PPN 111-05-047; Thence westerly along said northerly line to its intersection with the easterly line thereof; 1272 July 31, 2019 The City Record 101

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 easterly line of Sublot No. 85 in the Country Homes Company’s Glen Haven Heights Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 54 of Maps, Page 28 of Cuyahoga County Records and being known as Cuyahoga County PPN 111-28-082; Thence, northerly along said easterly line to its intersection with the northerly line thereof; Thence, westerly along said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the southerly line of a parcel of land conveyed to Calvin & Shirley Leonard dated April 2, 1976 and recorded in Auditor’s File Number (AFN) 009491772 in Volume 13654, Page 107 of Cuyahoga County Records (PPN 111-28-017); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by the Board of Education dated June 1, 1975 and more commonly known as PPN 111-28-086; Thence, northerly along said easterly line to its intersection with the northerly line thereof; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of East 143rd Street; Thence, northerly along the centerline of East 143rd Street to its intersection with the centerline of Glenside Road (formerly Glenside Avenue N.E.); Thence, westerly along the centerline of Glenside Road to its intersection with the southerly prolongation of the easterly line of Sublot No. 873; Thence, northerly along said southerly prolongation to its intersection with the easterly prolongation of the northerly line thereof; Thence, westerly along said northerly line to its intersection with the westerly line of a parcel of land conveyed to Elisa M. Coffie by deed dated September 11, 2006 and recorded in Auditor’s File Number 200609110152 also being known as Cuyahoga County PPN 111-27-092; Thence, northerly along said westerly line and its northerly prolongation to its intersection with the northerly line of a parcel of land conveyed to Carla Dunton dated September 14, 2007 and recorded in Auditor’s File Num- ber 200709140265 and more commonly known as Cuyahoga County PPN 111-27-093; Thence, easterly along the northerly line thereof and its easterly prolongation to its intersection with the centerline of East 140th (formerly Adams) Street; Thence, northerly along the centerline of East 140th Street to its intersection with the centerline of Idarose Avenue; Thence, easterly along the centerline of Idarose Avenue to its intersection with the centerline of East 140th Street; Thence, northerly along the centerline of East 140th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Remonia Bogan dated November 30, 2018 and recorded in Auditor’s File Number 20811300309 and known as being Sublot No. 11 in aforementioned Township and also being known as Cuyahoga County PPN 111-25-109; Thence, easterly along said northerly line to its intersection with the easterly line thereof; Thence, northerly along said easterly line and its northerly prolongation to its intersection with the northerly line of Sublot No. 3 in The St. Clair- Coit Subdivision as shown by the recorded plat in Volume 51 of Maps, Page 27 of Cuyahoga County Map Records and being known as Cuyahoga County PPN 111-25-103; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 141st street; Thence, northerly along said centerline to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed by deed to Rannie Mitchell, James Mitchell, Helen Clark & Curtis Clark on October 15, 1976, 2004 as recorded in AFN: 00027562 of Book 14401, Page 587 of Cuyahoga County Fiscal Records and known as being Sublots Nos. 40 and 41 in the aforementioned Subdivision (PPN: 111-25-064); Thence, easterly along said southerly line and its easterly and southeasterly prolongation to its intersection with the northwesterly line of Sublot No. 43 in St. Clair-Coit Subdivision of part of Original Euclid Township Lot No. 2, Tract 10, as shown by the recorded plat in Volume 51 of Maps, Page 27 of Cuyahoga County Records and more commonly known as PPN 111-25-060; Thence, southwesterly along said line to its intersection with the southerly line thereof; Thence, southeasterly along said southerly line and its southeasterly prolongation to its intersection with the easterly line thereof; Thence, northeasterly along said easterly line and its northeasterly prolongation to its intersection with the northwesterly line of Sublot No. 3 (PPN 111-25-055); Thence, southeasterly along said line and its southeasterly prolongation to its intersection with the easterly line of Sublot No. 35 in The Boulevard Heights Company’s Coit Road Allotment of part of Original Euclid Town- ship Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 54 of Maps, Page 4 of Cuyahoga County Records and more commonly known as Cuyahoga County PPN 111-26-048; Thence, southwesterly along said easterly line to its intersection with the northeasterly line of Sublot No. 1 in W. H. Harrison’s Subdivision of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by recorded plat in Volume 56 of Maps, Page 26 of Cuyahoga County Records, said parcel also being known as Cuyahoga County PPN 111-26-049; Thence, southeasterly along said northeasterly line and its southeasterly prolongation to its intersection with the centerline of East 144th Street; Thence, southwesterly along the centerline of East 144th Street to its intersection with the northwesterly prolongation of the northerly line of a parcel of land conveyed to Helen McElvaine dated December 15, 1977 and recorded in Auditor’s File Number 00202223, said parcel also being known as PPN 111-26-072; Thence, southeasterly along said northerly line to its intersection with the southeasterly line thereof; Thence, northeasterly along said line and its northeasterly prolongation and continuing to its intersection with the southwesterly line of Sublot No. 14 in The Elworthy-Helwick-Shimmon Company’s (formerly Elworthy Hel- wick Company) Glen Ellyn Park Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records and also known as PPN 115- 12-047; 1273 102 The City Record July 31, 2019

Thence, northerly and westerly along said line and its northwesterly prolongation to its intersection with the northwesterly line of Sublot No. 11 in aforementioned Subdivision and known as a parcel of land quit claimed to Blanchie Jordan (Trustee of the Trust of James R. Eady, Jr) dated January 5, 1988 as recorded in Auditor’s File Number 00521811 in Book 80040, Page 22 of Cuyahoga County Records (PPN 115-12-044); Thence, northerly along said line and its northerly prolongation to its intersection with the southeasterly line of Sublot No. 7 of said Subdivision and known as being conveyed by deed to Anthony Jones dated January 25, 2007 and recorded in Auditor’s File Number 200701250585 and better known as Cuyahoga County PPN 115-12-040; Thence, westerly along said line of Sublot No. 7 to its intersection with the southeasterly prolongation of the southwesterly line of Sublot No. 6 in said Subdivision, as shown by the recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Map Records and better known as PPN 115-12-039; Thence, northwesterly along said southwesterly line to its intersection with the southwesterly prolongation of the easterly line of a parcel of land conveyed with covenants of Special Warranty to James M. & Corlus Russell dated January 11, 1977 and known as part of Original Euclid Township Lot No. 2, Tract No. 10, as recorded in Volume 14672 Page 645 of Cuyahoga County Records (PPN 115-12-003); Thence, northeasterly along said easterly line to its intersection with the northerly line of a parcel of land conveyed to LeAndrew Green Jr. dated August 8, 2006, and known as being part of Sublot Nos. 1, 2, 3, and 4 in the Elworthy-Helwick Shimmon Company’s (formerly Elworth-Helwick Company) of the Glen Ellyn Park Allotment of Original Euclid Township Lot No. 2, Tract No. 10 as shown by recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records, being known as PPN 115-12-036; Thence, northeasterly along said northerly line and its northeasterly prolongation to its intersection with the centerline of Galewood Drive. N.E.; Thence, northwesterly along said centerline to its intersection with the southwesterly prolongation of the northerly line of a parcel of land conveyed to John Larkin by deed dated April 29, 1987 as recorded in Auditor’s File Number 00392804 in Volume 72681, Page 46 of Cuyahoga County Records (PPN 115-45-035); Thence, northeasterly along said northerly line to its intersection with the southwesterly line of a parcel of land conveyed to Tyree Z. and Joyce L. Parker by deed and recorded in Auditor’s File Number 00382042 in Cuya- hoga County Records, said parcel being known as Cuyahoga County PPN 115-12-009; Thence, northwesterly along said southwesterly line to its intersection with the northwesterly line thereof; Thence, northeasterly along said northwesterly line and its northeasterly prolongation to its intersection with the centerline of East 145th Street; Thence, northwesterly along said centerline to its intersection with the southwesterly prolongation of the northwesterly line of a parcel of land conveyed to Hakeem Woodland by deed on May 7, 2014 and known as being parts of Sublots Nos. 68, 69, 70, and 73 in the Elworthy-Helwick Shimmon Company’s Glen Ellyn Park Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10 as shown by the recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records (PPN 115-13-160); Thence, northeasterly said line to its intersection with the easterly line thereof; Thence, southeasterly along said easterly line to its intersection with the southeasterly line thereof; Thence, northeasterly along said southeasterly line and its northeasterly prolongation to its intersection with the southwesterly line of a parcel of land conveyed to Jimmy L. Fleming dated October 30, 1986 and being known as being part of Sublots Nos. 71 and 72 and part of Block “A” in said Township, as shown by recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records aka (PPN 115-13-124); Thence, northwesterly along said line to its intersection with the northerly line thereof; Thence, northeasterly along said northerly line and its northeasterly prolongation to its intersection with the centerline of East 146th Street; Thence, southeasterly along the centerline of East 146th Street to its intersection with the southwesterly prolongation of the northwesterly line of a parcel of land conveyed by deed to Dora Bolden dated June 29, 1998 as shown in Volume 8099 of Maps, Page 26 of Cuyahoga County Records (PPN 115-13-123); Thence, northeasterly along said prolongation to its intersection with the northeasterly line thereof; Thence, southeasterly along said line and its southeasterly prolongation to its intersection with the northerly line thereof; Thence, northeasterly along said northerly line and its northeasterly prolongation to its intersection with the centerline of East 147th Street; Thence, northwesterly along said centerline to its intersection with the southwesterly prolongation of the northwesterly line of a parcel of land conveyed by Sheriff’s deed to the City of Cleveland Land Reutilization Program on December 7, 2010 as recorded in AFN: 201012070041 of Cuyahoga County Fiscal Records (115-13-084); Thence, northeasterly along said line to its intersection with the easterly line thereof; Thence, southeasterly along said line to its intersection with the northwesterly line of Sublot No. 40 in the East 148th Street Allotment of Ambler Realty Company Subdivision of part of Original Euclid Township Lot Nos. 1 and 2 of Tract No. 10 as shown by the recorded plat in Volume 48 of Maps, Page 11 of Cuyahoga County Records and being known as PPN 115-13-047; Thence, northeasterly along said northerly line and its northeasterly prolongation to its intersection with the centerline of East 148th Street; Thence, southeasterly along the centerline of East 148th Street to its intersection with the southwesterly prolongation of the northwesterly line of Sublot No. 5 in aforementioned Subdivision, also known as a parcel of land conveyed by deed to Bertha Steward dated April 8, 1983 and recorded in Volume 90, Page 319 of Cuyahoga Coun- ty Map Records (PPN 115-13-044); Thence, northeasterly along said northwesterly line to its intersection with the southwesterly line of a parcel of land conveyed by City of Cleveland Land Reutilization Program to William and Juliette Stoudmire by deed as recorded in AFN 199907060248 dated February 8, 1999 and known as being Sublot No. 4 in A.W. Baldwin’s Subdi- vision of part of Original Euclid Township Lots Nos 1 and 2, as shown by the recorded plat in Volume 23 of Maps, Page 8 of Cuyahoga County Map Records; Thence, northwesterly along said southwesterly line to its intersection with the northwesterly line thereof; Thence, northeasterly along said northwesterly line and its northeasterly prolongation to its intersection with the centerline of East 149th Street and the point of origin; 1274 July 31, 2019 The City Record 103

And as identified on the attached map shall be changed to a ‘Two Family Residential’ District, a ‘D’ Area Dis- trict and a ‘1’ Height District; Section 2. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of East 141st Street, formerly Brooks Street, and the easterly prolongation of the northerly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Pro- gram by Sheriff’s Deed dated December 22, 2011 and known as being the southerly ten (10) feet of Sublot No. 45 and all of Sublot No. 46 in the Lucian Gunn’s Heirs Subdivision of part of Original Euclid Township Lot No. 1, as shown by the recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Records (PPN 115-01-045); Thence, northerly along the centerline of East 141st Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to the City of Cleveland by deed on December 8, 1995, also known as Sublot No. 7 in the Aspinwall Subdivision of the Original Euclid Township, Tract No. 1 as shown by recorded plat in Volume 57 of Maps, Page 26 of Cuyahoga County Records (PPN 115-01-043); Thence, easterly along said westerly prolongation to its intersection with the easterly line thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the southerly line of Sublot No. 35 in the Wolfe – Sill Realty Company’s St. Clair - East 140th Street Subdivision of part of Original Euclid Township Lot No. 1, Tract 16, and part of Euclid Township Lot No. 2, Tract 16 as shown by the recorded plat in Volume 59 of Maps, Page 12 of Cuyahoga County Records (PPN 115-04-053); Thence, westerly along said southerly line to its intersection with the northwesterly prolongation of the most easterly line of a parcel of land conveyed to Tracey A Davis by deed dated July 26, 2006 and known as being Sublot No. 38 or PPN 115-04-050; Thence, southeasterly along said easterly line and its southeasterly prolongation to its intersection with the southeasterly line thereof; Thence, southwesterly along said southeasterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 141st Street; Thence, southerly along the centerline of East 141st Street to its intersection with the easterly prolongation of the southerly line of a parcel of land known as Sublot No. 28 in the Wolfe-Sill Realty Company’s St. Clair-East 140th Street Subdivision of part of Original Euclid Township Lot No. 1, Tract No. 16 and Lot No. 2 in Tract No. 10 as shown by the recorded plat in Volume 59 of Maps, page 12 of Cuyahoga County Map Records (PPN 115-04- 048); Thence, westerly along said easterly prolongation of the southerly line to its intersection with the westerly line thereof; Thence, northerly along said westerly line to its intersection with the southerly line of a parcel of land known as Sublot No. 27 in the aforementioned Subdivision and more commonly known as PPN 115-04-047; Thence, westerly along said southerly line to its intersection with the westerly line thereof; Thence, northeasterly to a point and northerly along the northerly prolongation of said westerly line to its intersection with the northerly line of Sublot No. 46 in Lucian Gunn’s Heirs Subdivision of part of Original One Hundred (100) Acre Lot No. 1, as shown by recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Records (PPN 115-01-045); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 141st Street (formerly Brooks Street); Thence, northerly along said centerline to its intersection with the westerly prolongation of the northerly line of Sublot No. 7 in Aspinwall Subdivision of part of Original Euclid Township Tract No. 1 as shown by the recorded plat in Volume 57 of Maps, Page 26 of Cuyahoga County Records (PPN 115-01-043) and the point of origin; And; Beginning at the intersection of the centerline of East 140th Street and the westerly prolongation of the northerly line of Sublot No. 6 or a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland land Reutilization Program dated October 2, 2013 as recorded in AFN: 20131002115 of Cuyahoga County Fiscal Records (PPN 111-25- 104); Thence, easterly along said westerly prolongation of the northerly line to its intersection with the easterly line thereof; Thence, southerly along said easterly line and its southerly prolongation to its intersection with the southerly line of a parcel of land conveyed by deed to Bernice Byrd and Tammy Marbuery dated March 25, 1996 as recorded in AFN: 00211015 of Book 2447, Page 59 of Cuyahoga County Fiscal Records (PPN 111-25-108); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 140th Street; Thence, northerly along the centerline of East 140th Street to its intersection with the westerly prolongation of the northerly line of the aforementioned Sublot No. 6 and the point of origin; And; Beginning at the intersection of the centerline of Earlwood Road N.E. and the centerline of Hallock Court; Thence, southwesterly along the centerline of Hallock Court N.E. to its intersection with the centerline of Glen- side Road; Thence, northwesterly along the centerline of Glenside Road to its intersection with the centerline of East 134th Street; Thence, northerly along the centerline of East 134th Street to its intersection with the northwesterly prolongation of the north easterly line of a parcel of land known as being Sublots Nos. 500, 501 and 502 in The Glen- haven Subdivision of Part of Original One Hundred Acre Lot No. 359, as shown by recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Map Records (PPN 111-23-032); Thence, southeasterly along said northeasterly line and its southeasterly prolongation to its intersection with the northwesterly line of parcel of land conveyed to William Kane dated December 18, 2008 and known as being the Northwesterly 35 feet of Sublot No. 479, in the Schatzinger Consolidated Realty Company’s Glenhaven Subdi- vision, of part of Original 100 Acre Lot No. 359, as shown by the recorded plat in Volume 38 of Maps, page 8 of Cuyahoga County Records (PPN 111-23-038); 1275 104 The City Record July 31, 2019

Thence, northeasterly along said northwesterly line and its northeasterly prolongation to its intersection with the centerline of Casper Road N.E; Thence, southeasterly along said centerline to its intersection with the southwesterly prolongation of the northwesterly line of Sublot No. 470 in aforementioned Subdivision (PPN 111-23-055); Thence, northeasterly along said southwesterly prolongation to its intersection with the northeasterly line thereof (PPN 111-23-055); Thence, southeasterly along said line and its southeasterly prolongation to its intersection with the northwesterly line of a parcel of land conveyed to Monique Moton by deed dated February 20, 2003 recorded in AFN: 200302201891 of Cuyahoga County Fiscal Records (PPN 111-23-057); Thence, northeasterly along said line and its northeasterly prolongation to its intersection with the centerline of Ashburton Road N.E.; Thence, southeasterly along said centerline to its intersection with the southwesterly prolongation of the northwesterly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program dated March 26, 1998 as recorded in AFN: 00707684 of Book 3330, Page 42 of Cuyahoga County Fiscal Records (111-22-035); Thence, northeasterly along said southwesterly prolongation and its northeasterly prolongation to its intersection with the centerline of Blenheim Road; Thence, southeasterly along the centerline of Blenheim Road N.E. to its intersection with the southwesterly prolongation of the northwesterly line of a parcel of land conveyed by deed to Louise Alexander dated January 1, 1975 and also known as Sublot No. 306; Thence, northeasterly along said northwesterly line to its intersection with the northerly line thereof; Thence, northwesterly along said northerly line and its northwesterly prolongation to its intersection with the northwesterly line of Sublot No. 218 aka PPN 111-22-097 Thence, northeasterly along said northwesterly line and its northeasterly prolongation to its intersection with the centerline of Earlwood Road; Thence, southeasterly along the centerline of Earlwood Road N.E. to its intersection with the centerline of Hal- lock Court and the point of origin; And; Beginning at the intersection of the centerline of Coit Road and the centerline of Idarose Avenue; Thence, westerly along the centerline of Idarose Avenue to its intersection with the southeasterly prolongation of the westerly line of a parcel of land known as being Sublot No. 66 in The Country Home Company’s “Glen Haven Heights” Allotment of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 54 of Maps, pages 28 and 29 of Cuyahoga County Records (PPN 111-26-023); Thence, northwesterly along said westerly line and its northwesterly prolongation to its intersection with the northerly line of Sublot No. 63 of the aforementioned Allotment (PPN 111-26-020); Thence, northeasterly along said northerly line and its northeasterly prolongation to its intersection with the easterly line of parcel of land conveyed to Dennis Eddie dated September 16, 1991 as recorded in AFN: 00138480 in Book 15924, Page 40 of Cuyahoga County Fiscal Records (PPN 115-14-013); Thence, southerly along said easterly line and its southeasterly prolongation to its intersection with the centerline of Idarose Avenue Thence, Westerly along the centerline of Idarose Avenue to its intersection with the centerline of Coit Road and the point of origin; And as identified on the attached map shall be changed to a ‘Multi-Family’ District, a ‘G’ Area District and a ‘1’ Height District; Section 3. That the Use District of lands bounded and described as follows: Beginning at the intersection of the centerline of Woodworth Avenue and the centerline of St. Clair Avenue; Thence, northeasterly along the southwesterly prolongation of the westerly line of a parcel of land conveyed to Derrick & Mildred Houston by deed dated March 30, 1977 as recorded in Auditor’s File Number: 00085034 in Book 14453, Page 175 of Cuyahoga County Fiscal Records and more commonly known as PPN 111-23-026 to its intersection with the westerly line thereof; Thence, northerly along said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 134th Street; Thence, northerly along said centerline to its intersection with the centerline of Glenside Avenue; Thence, southeasterly along the centerline of Glenside Avenue to its intersection with the centerline of Hallock Court; Thence, northeasterly along the centerline of Hallock Court to its intersection with the centerline of Earlwood Road N.E.; Thence, southeasterly along the centerline of Earlwood Road N.E. to its intersection with the centerline of St. Clair Avenue; Thence, northeasterly along the centerline of St. Clair Avenue to its intersection with the centerline of East 140th Street; Thence, northerly along the centerline of East 140th Street to its intersection with the centerline of Topeka Avenue N.E; Thence, westerly along the centerline of Topeka Avenue N.E. to its intersection with the centerline of East 140th Place; Thence, northerly along the centerline of East 140th Place to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Larry & Gardenia Witherspoon by deed dated February 5, 1986 recorded in Auditor’s File Number (AFN) 00348257 in Book 70449, Page 254 of Cuyahoga County Fiscal Records (PPN 112-07-050); Thence, westerly along said easterly prolongation and its westerly prolongation to its intersection with the centerline of East 139th Street; Thence, southerly along the centerline of East 139th Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 115 or a parcel of land conveyed by deed to Paul Novak on February 11, 1985 as recorded in Cuyahoga County Records and known as PPN 112-07-011; 1276 July 31, 2019 The City Record 105

Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 138th Place; Thence, southerly along the centerline of East 138th Place to its intersection with the easterly prolongation of the southerly line of Sublot No. 180 in H.C. McDowell-Brayton, et al. Subdivision of part of Original One Hundred Acre Lot No. 354, as shown by the recorded plat in Volume 10 of Maps, Page 23 of Cuyahoga County Map Records (PPN 112-07-012); Thence, westerly along said easterly prolongation of the southerly line and its westerly prolongation to its intersection with the centerline of East 137th Street (formerly Walnut Street); Thence, northerly along said centerline to its intersection with the centerline of Aspinwall Avenue N.E. (formerly Kirby); Thence, northeasterly along the centerline of Aspinwall Avenue to its intersection with the centerline of East 140th Street; Thence, continuing slightly northeasterly and easterly along the centerline of Aspinwall Avenue (formerly Man- chester Avenue) to its’ intersection with the centerline of East 150th Street (formerly Mars Street); Thence, southerly along the centerline of East 150th Street to its intersection with the southerly line of a parcel of land conveyed to Edward Wargo by deed dated July 1, 1976 as recorded in AFN: 00984653 in Book 14263 of Maps, Page 267 of Cuyahoga County Fiscal Records and better known as Permanent Parcel Number (PPN) 115-09-036; Thence, westerly along said easterly prolongation of the southerly line and its westerly prolongation to its intersection with the centerline of East 149th (formerly Manning) Street; Thence, northerly along the centerline of East 149th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Elizabeth and Susan Ann Sunley by deed dated February 3, 1995 as recorded in AFN 00958832 in Book 815, Page 6 of Cuyahoga County Fiscal Records (PPN 115-05-097); Thence, westerly along said easterly prolongation of said northerly line to its intersection with the easterly line of a parcel of land conveyed by Certificate of Transfer to Donald G. Buzzard dated February 27, 2017 recorded as AFN 201702270260 in Book 148545, Page 379 of Cuyahoga County Fiscal Records (115-05-038); Thence, southerly along said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 147th Street, formerly Clark Street; Thence, southerly along the centerline of East 147th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed by Quit Claim deed to Gary Grasso dated March 26, 1991 as recorded by Auditor’s File Number (AFN) 00047358 in Book 11528, Page 26 of Cuyahoga County Fiscal Records and known as PPN 115-05-082; Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of East 146th Street; Thence, northerly along said centerline to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed to Helen E. Minniefield by Warranty deed dated September 15, 2000 and as recorded in AFN 200009150994 of Cuyahoga County Fiscal Records and of Volume 15092 of Maps, Page 365 of Cuyahoga County Records (PPN 115-05-047); Thence, westerly along the easterly prolongation of said southerly line and its westerly prolongation to its intersection with the centerline of East 144th Street (formerly Rose Street); Thence, westerly along the easterly prolongation of the southerly line of Sublot No. 30 in Lucian Gunn’s Heirs Subdivision of part of Original Euclid Township Lot No. 1 as shown by the recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Records (PPN 115-01-015) and westerly along its westerly prolongation to its intersection with the centerline of East 143rd Street (formerly Stone Street); Thence, northerly along the centerline of East 143rd Street to its intersection with the easterly prolongation of the southerly line of Sublot No. 1 in the Aspinwall Subdivision, of part of Original Euclid Township Lot No. 1, Tract No. 16, as shown by the recorded plat in Volume 57 of Maps, Page 26 of Cuyahoga County Records (PPN 115-01-011); Thence, westerly along said easterly prolongation of the southerly line and its westerly prolongation to its intersection with the centerline of East 141st (formerly Brooks) Street; Thence, southerly along the centerline of East 141st (formerly Brooks) Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Rosetta Mack by deed dated June 3, 1992 as recorded in Auditor’s File Number (AFN) 00275078 in Book 24727, Page 58 of Cuyahoga County Fiscal Records and also known as Sublot No. 46 in Lucian Gunn’s Heirs’ Subdivision of part of Original Euclid Township Lot No. 1, as shown by the recorded plat in Volume 18 of Maps, Page 29 of Cuyahoga County Records (PPN 115-01- 045); Thence, westerly along said northerly line to its intersection with the westerly line thereof; Thence, southerly along said westerly line and its southerly prolongation continuing southerly to its intersection with the westerly prolongation of the northerly line of Sublot No. 28 in the Wolfe-Sill Realty Company’s St. Clair-East 140th Street Subdivision of part of Original Euclid Township Lot No. 1, Tract No. 16, and Lot No. 2 in Tract No. 10 as shown by the recorded plat in Volume 59 of Maps, Page 12 of Cuyahoga County Records (PPN 115-04-048); Thence, easterly along said westerly prolongation of said northerly line to its intersection with the westerly line thereof; Thence, southerly along said westerly line to its intersection with the southerly line thereof; Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 141st (formerly Brooks) Street; Thence, northerly along the centerline of East 141st Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 38 in the Wolfe-Sill Realty Co.’s St. Clair-East 140th Subdivision, of part of Orig- inal Euclid Township Lot No. 1, Tract No. 16, and part of Original Euclid Township Lot No. 10, in Tract No. 10, as shown by the recorded plat in Volume 59 of Maps, Page 12 of Cuyahoga County Records (PPN 115-04-050); Thence, easterly along the westerly prolongation of the southerly line to its intersection with the southeasterly line thereof; 1277 106 The City Record July 31, 2019

Thence, northeasterly along said southeasterly line to its intersection with the most northeasterly point thereof; Thence, northwesterly along the westerly line of a parcel of land conveyed by deed to Kiser L Houston, Trustee of the Kiser L. Houston Revocable Trust, dated September 15, 2018 recorded in AFN 201901220192 on January 22, 2019 in Cuyahoga County Fiscal records (PPN 115-04-009) to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 143rd Street; Thence, northerly along the centerline of East 143rd Street to its intersection with the westerly prolongation of the northerly line of a parcel of land known as being Sublots Nos. 48, 49, 50, 51, 52, 53 and 54, in the Wolfe- Sill Realty Company’s St. Clair and East 140th Street Subdivision, of part of Original Euclid Township Lot No. 1, Tract No. 16, and the Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Vol- ume 59 of Maps, page 12 of Cuyahoga County Records (PPN 115-04-074); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Bellwork Investments LLC as recorded by AFN 201709280273 dated Sep- tember 28, 2017 in Cuyahoga County Fiscal Records and known as Sublot No. 81 in Cowles, Brooke, and Smythe’s Subdivision of part of Original Euclid Township Lots Nos. 1 and 2, as shown by the recorded plat in Volume 9 of Maps, page 11 of Cuyahoga County Records (PPN 115-04-075); Thence, northerly along said easterly line and its northerly prolongation to its intersection with the southerly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Program dated January 22, 1992 as recorded by Auditor’s File Number 00197592 in Book 20415, Page 34 of Cuyahoga County Fis- cal Records and known as Sublot No. 74 in the aforementioned Subdivision (PPN 115-04-005); Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 144th Street; Thence, northerly along the centerline of East 144th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed by deed to AEP Charter Lake ERIE CP LLC dated December 24, 2015 as recorded in Auditor’s File Number 2015122740239 and known as being Parcel “A” in the Lot Split Plat of St. Joseph Rectory of part of Original Lots 1 and 2 in East Cleveland Township, as shown by the recorded plat in Volume 270, Page 42 of Cuyahoga County Map Records (PPN 115-07-018); Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 146th Street; Thence, northerly along the centerline of East 146th Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 74 in Nelson Moses Subdivision of part of Original Euclid Township Lot Nos. 1 and 2, as shown by the recorded plat in Volume 8 of Maps, Page 9 of Cuyahoga County Records (PPN 115-07- 049); Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 147th Street; Thence, southerly along the centerline of East 147th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 149 in the aforementioned Subdivision (PPN 115-07-014); Thence, easterly along the westerly prolongation of said northerly line to its intersection with the easterly line of parcel of land conveyed to Arthur L Feckner by deed dated May 31, 1989 as recorded in Auditor’s File Num- ber 00266625 of Book 14805, Page 431 of Cuyahoga County Fiscal Records and known as being parts of Sublots Nos. 149 and 150 in the Nelson Moses Subdivision of part of Original Euclid Township Lots Nos. 1 and 2, as shown by recorded plat in Volume 8, Page 9 of Cuyahoga County Records (PPN 115-07-113); Thence, northerly along the northerly prolongation thereof, to its intersection with the southerly line of Sublot No. 148, also known as a parcel of land conveyed to Monique Allen by deed dated October 31, 2005 as recorded in Auditor File Number 200510311568 of Cuyahoga County Fiscal Records (PPN 115-07-076); Thence, easterly along said southerly line and its easterly prolongation to its intersection with the centerline of East 149th Street (formerly Mars Street); Thence, northerly along the centerline of East 149th Street to its intersection with the westerly prolongation of the northerly line of a parcel of land conveyed to Kim Nelson dated August 27, 2002 and recorded in Auditor’s File Number 200208270146 and known as Sublot No. 217 in stated Subdivision (PN 115-11-017); Thence, easterly along the westerly prolongation of said northerly line to its intersection with the easterly line thereof; Thence, northerly along the northerly prolongation of said easterly line to its intersection with the northerly line of Sublot No. 218 of the nelson Moses Subdivision of part of Original Euclid Townships Lots Nos. 1 and 2, as shown by the recorded Plat in Volume 8 of Maps, Page 9 of Cuyahoga County Records (PPN 115-11-016); Thence, easterly along the northerly line to its intersection with the westerly line of a parcel of land known as Sublot No. 219 in the aforementioned Subdivision and conveyed to Antoine Rucker by deed recorded in Audi- tor’s File Number 00243391 in Book 64786, Page 32 of Cuyahoga County Fiscal Records (PPN 115-11-015); Thence, northerly along said westerly line to its intersection with the northerly line thereof; Thence, easterly along said northerly line and its easterly prolongation to its intersection with the centerline of East 150th Street; Thence, southerly along the centerline of East 150th Street to its intersection with the centerline of St. Clair Avenue; Thence, southwesterly along the centerline of St. Clair Avenue to its intersection with the centerline of East 149th Street; Thence, southeasterly and southerly along the centerline of East 149th Street to its intersection with the northeasterly prolongation of the southeasterly line of Sublot No. 3 in the A.W. Baldwin Subdivision of part of Origi- nal Euclid Township Lot No. 2, as shown by the recorded plat in Volume 28 of Maps, Page 8 of Cuyahoga County Records 8 (PPN 115-13-010); Thence, southwesterly along said southeasterly line to its intersection with the most easterly line of a parcel of land conveyed to the City of Cleveland by deed dated November 4, 2016 as recorded in AFN 201611040474 and known as being all of Sublot Nos. 1, 2, 3, and 4 in the Ambler Realty Company’s East 148th Street Allotment of part of Original Euclid Township Lot Nos. 1 and 2, Tract No. 10, as shown by the recorded plat in Volume 48, 1278 July 31, 2019 The City Record 107 page 11 of Cuyahoga County Records, and known as being also of Sublot No. 1 and part of Sublot No. 4 in A.W. Baldwin’s Subdivision of part of Original Euclid Township Lot Nos. 1 and 2, as shown by the recorded plat in Volume 23 of Maps, Page 8 of Cuyahoga County Records (115-13-007); Thence, southeasterly along the easterly line thereof, to its intersection with the northerly line of Sublot No. 4 also known as a parcel of land conveyed to William & Juliette Stoudmire by deed dated July 6, 1999 as recorded in AFN 199907060248 of Cuyahoga County Fiscal Records (PPN 115-13-013); Thence, southwesterly along said northerly line to its intersection with the westerly line thereof; Thence, southeasterly along said westerly line to its intersection with the southerly line of the aforementioned PPN 115-13-007; Thence, southwesterly along said southerly line and its southwesterly prolongation to its intersection with the centerline of East 148th Street; Thence, northwesterly along said centerline of East 148th Street to its intersection with the northeasterly prolongation of the southeasterly line of a parcel of land conveyed by deed to Dorothy Hollis dated June 30, 1986 as recorded in AFN 00225451 in Book 63988, Page 19 in Cuyahoga County Fiscal Records and known as being Sublots Nos. 1 and 2, Tract 10, as shown by the recorded plat in Volume 52 of Maps, Page 23 of Cuyahoga Coun- ty Records (PPN 115-13-006); Thence, southwesterly along said southeasterly line to its intersection with the westerly line thereof; Thence, northwesterly along said westerly line to its intersection with the southeasterly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland dated May 26, 1992 recorded in AFN 00268712 in Book 24380, page 55 of Cuyahoga County Fiscal Records and known as being Sublot No. 99 in the East 147th Street Exten- sion of the Allotment of Ambler Realty Company and East 148th Street Extension of the Allotment of Ambler Realty Company and East 148th Street Extension of the Allotment of Ambler Realty Company of part of Origi- nal Euclid Township Lots Nos. 1 and 2, Tract No. 10, as shown by the recorded plat in Volume 52 of Maps, Page 23 of Cuyahoga County Records (PPN 115-13-00)5; Thence, southwesterly along said southeasterly line and its southwesterly prolongation to its intersection with the centerline of East 147th Street; Thence, southeasterly along the centerline of East 147th Street to its intersection with the northeasterly prolongation of the southeasterly line of a parcel of land conveyed by deed to Vernet C. Mosby and Vernita C. Hin- ton dated June 13, 1984 as recorded in AFN 01039848 in Book 42583, page 52 in Cuyahoga County Fiscal Records and known as being Sublot No. 197 in the Ambler Realty Company’s East 147th Street Allotment of part of Orig- inal Euclid Township Lots nos. 1 and 2, Tract No. 10, as shown by the recorded plat in Volume 52 of Maps, Page 23 of Cuyahoga County Records (PPN 115-13-003); Thence, southwesterly along said prolongation to its intersection with the southeasterly prolongation of the easterly line of a parcel of land conveyed to Dora Bolden by deed dated June 29, 1998 as recorded in AFN 00790590 in Book 8099, Page 26 of Cuyahoga County Fiscal Records and known as being part of the aforementioned Sub- division (PPN 115-13-123); Thence, northwesterly along said easterly line to its intersection with the northwesterly line thereof; Thence, southwesterly along said line and its southwesterly prolongation to its intersection with the centerline of East 146th Street; Thence, northwesterly along said centerline to its intersection with the northeasterly prolongation of the northwesterly line of a parcel of land known as Sublots Nos. 71 and 72 and part of Block “A” in the Elworthy-Hel- wick-Shimmon Company’s (formerly the Elworthy-Helwick Company) Tract No. 10, as shown by the recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records (PPN 115-13-124); Thence, southwesterly along said northwesterly line to its intersection with the southwesterly line thereof; Thence, southeasterly along said southwesterly line to its intersection with the northwesterly line of a parcel of land conveyed by Quit Claim deed dated November 30, 2018 as recorded in AFN 201811300347 and known as being part of Block A in Elworthy Helwick Shimmon Company’s Glen Ellen Park Allotment of part of Original Euclid Township Lot No 2 in Tract No. 19, as shown by the recorded plat Volume 46 of Maps, Page 17 of Cuya- hoga County Records (PPN 115-13-125); Thence, southwesterly along said line and its southwesterly prolongation to its intersection with the northerly and easterly line of a parcel of land conveyed to Destiny Foster by Quitclaim Deed dated October 9, 2018 as recorded in Auditor’s File Number 201810090436 of Cuyahoga County Fiscal Records and known as being part of Sublots Nos. 68, 69, 70 and 73 in the aforementioned allotment (PPN 115-13-160); Thence, northwesterly along said line to its intersection with the northwesterly line thereof; Thence, southwesterly along said line and it southwesterly prolongation to its intersection with the centerline of East 145th Street; Thence, southeasterly along the centerline of East 145th Street to its intersection with the northeasterly prolongation of the southerly line of a parcel of land conveyed to Andy D Maxwell by deed dated October 25, 1995 as recorded in Auditor’s File Number 00123693 in Book 9155, Page 2 of Cuyahoga County Fiscal Records (PPN 115-12-008); Thence, southwesterly along said southerly line to its intersection with the westerly line thereof; Thence, southeasterly along the southeasterly prolongation of the said westerly line to its intersection with the northwesterly line of a parcel of land conveyed to the City of Cleveland Land Reutilization Program by deed dated July 7, 2009 as recorded in Auditor’s File Number 200907070413 and known as being Sublot No. 172 in said Subdivision as shown by the recorded plat in Volume 48 of Maps, page 17 of Cuyahoga County Map Records (PPN 115-12-035); Thence, southwesterly along said northwesterly line and its southwesterly prolongation to its intersection with the centerline of Galewood Drive N.E.; Thence, southeasterly along said centerline to its intersection with the northeasterly prolongation of the southerly line of a parcel of land conveyed by Sheriff’s Deed to the City of Cleveland Land Reutilization Program dated May 24, 1984 as recorded in Auditor’s File Number 00792244 in Book 5064, Page 51 of Cuyahoga County Fiscal Records (PPN 115-12-005); Thence, southwesterly along said southerly line and its southwesterly prolongation to its intersection with the westerly line of a parcel of land known as being part of Sublot Nos. 1, 2, 3, and 4 in the Elworthy-Helwick Shimmon Company’s 1279 108 The City Record July 31, 2019

(formerly the Elworth-Helwick Company) Glen Ellyn Park Allotment of an Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 46 of Maps, Page 17 of Cuyahoga County Records (PPN 115-12-036); Thence, southwesterly along said westerly line and its southwesterly prolongation to its intersection with the northwesterly prolongation of the southwesterly line of a parcel of land conveyed by deed to Jerry McGhee dated August 21, 2008 as recorded in Auditor’s File Number 200808210443 and known as being Sublot No. 6 in the aforementioned Allotment (PPN 115-12-039); Thence, southeasterly along said prolongation to its intersection with the easterly line of a parcel of land conveyed to Van Rogers by deed as recorded in Auditor’s File Number 0945866 in Book 14229, Page 121 of Cuyahoga County Fiscal Records and known as being part of Sublots Nos. 40 & 41 in aforementioned Allotment, as shown by recorded plat in Volume 46 of Maps, page 17 of Cuyahoga County Records and part of Sublot No. 175 in said Subdivision, as shown by the recorded plat in Volume 48 of Maps, page 12 of Cuyahoga County Records (PPN 115-12-002); Thence, southwesterly along said easterly line to its intersection with the southwesterly line thereof; Thence, northwesterly along said southwesterly line to its intersection with the northwesterly line of a parcel of land known as a parcel of land conveyed to Sidney Nagelbush by deed dated June 1, 1977 as recorded in Audi- tor’s File Number 00110072 in Book 14475, Page 51 of Cuyahoga County Fiscal Records (PPN 115-12-067); Thence, southwesterly along said line and its southwesterly prolongation to its intersection with centerline of Coit Road; Thence, northwesterly along the centerline of Coit Road to its intersection with the northeasterly prolongation of the easterly line of Sublots Nos. 40 and 41 in the St. Clair- Coit Subdivision of part of Original Euclid Town- ship Lot No. 2, Tract No. 10 as shown by the recorded plat in Volume 51 of Maps, Page 27 of Cuyahoga County Records (PPN 111-25-064); Thence, southwesterly along said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 141st Street; Thence, southerly along the centerline of East 141st Street to its intersection with the easterly prolongation of the southerly line of a parcel of land conveyed by deed to Marvin Callahan dated December 5, 1984 as recorded in Cuyahoga County Fiscal Records Book 45790, Page 21 and also known as Sublot No. 2 in said Subdivision (PPN 111-25-005); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed transfer to Jessie Mills dated March 4, 1976 as recorded in Auditor’s File Number 00929289 in Book 14223, Page 159 of Cuyahoga County Fiscal Records and known as being an undi- vided one-half interest in the property known as being part of Original Euclid Township Lot No. 2, Tract No. 10 (PPN 111-25-007); Thence, southerly along said easterly line to its intersection with the southerly line thereof; Thence, westerly along said southerly line and its westerly prolongation to its intersection with the centerline of East 140th Street; Thence, southerly along the centerline of East 140th Street to its intersection with the centerline of Idarose Avenue and the southeasterly prolongation of the northeasterly line of Sublot No. 827 in the Glenhaven Subdivi- sion of part of Original One Hundred Acre Lot No. 359, as shown by the recorded plat in Volume 38 of Maps, page 8 of Cuyahoga County Records; Thence, northwesterly along said northeasterly line and its northwesterly prolongation to its intersection with the westerly line of a parcel of land conveyed to Harold & Rosa Scruggs by deed dated March 26, 1976 as recorded in Auditor’s File Number 00946767 in Book 14229, page 907 of Cuyahoga County Fiscal Records and known as being Sublot No. 829 in The Schatzinger Consolidated Realty Company’s Glenhaven Subdivision of part of Origi- nal One Hundred Acre Lot No. 359, as shown by recorded plat in Volume 38 of Maps, page 8 of Cuyahoga Coun- ty Records (PPN 111-25-024); Thence, southerly along said westerly line to its intersection with the northerly line of Sublot No. 830 in the aforementioned Subdivision (PPN 111-25-023); Thence, westerly along said northerly line and its westerly prolongation to its intersection with the centerline of East 139th Place; Thence, southerly along the centerline of East 139th Place to its intersection to the centerline of Idarose Avenue; Thence, westerly along the centerline of Idarose Avenue to its intersection with the centerline of Hayden Avenue N.E.; Thence southerly along the centerline of Hayden Avenue N.E to its intersection with the easterly prolongation of the southerly line of Sublot No. 798 in The Adams Realty Company’s Glenhaven Subdivision of part of Origi- nal 100 Acre Lot No. 349, as shown by recorded plat in Volume 38 of Maps, Page 8 of Cuyahoga County Records (PPN 111-24-033); Thence, westerly along said southerly line and its westerly prolongation to its intersection with the southwesterly line of Sublot No. 775 (PPN 111-24-016); Thence, northwesterly along said southwesterly line to its intersection with the southeasterly line of Sublot No. 774 in said Subdivision and known as a parcel of land conveyed by Sheriff’s Deed to the Cleveland City Land Reutilization Program dated January 1, 1991 as recorded in Auditor’s File Number 00025374 in Book 10488, Page 60 in Cuyahoga County Fiscal Records (PPN 111-24-015); Thence, southwesterly along said line and its southwesterly prolongation to its intersection with the northeasterly line of Sublot No. 24 in Mary P. O’Dell’s Subdivision of part of Original One Hundred Acre Lot No. 359, as shown by the recorded plat in Volume 43 of Maps, Page 13 of Cuyahoga County Records (PPN 111-23-016); Thence, southeasterly along said line to its intersection with the southeasterly line thereof; Thence, southwesterly along said southeasterly line and its southwesterly prolongation to its intersection with the easterly line of a parcel of land conveyed by deed to Angela Jimson dated August 14, 2018 as recorded in Auditor’s File Number 201808140410 and known as being part of Sublot No. 3 and all of Sublot No. 5 in Mary P. O’Dell’s Subdivision of part of Original One Hundred Acre Lot No. 359, as shown by the recorded plat in Volume 43 of Maps, Page 13 of Cuyahoga County Records (PPN 111-23-005); Thence, southerly along said easterly line and its southerly prolongation to its intersection with the centerline of Woodworth Avenue; 1280 July 31, 2019 The City Record 109

Thence, westerly and northwesterly along the centerline of Woodworth Avenue to its intersection with the centerline of St. Clair Avenue and the point of origin; And as identified on the attached map shall be changed to a ‘Local Retail' Use District, a ‘G’ Area District and a ‘2’ Height District; Section 4. That the street frontages described as follows: The southern side of Aspinwall Avenue N.E. between East 137th Street and East 152nd Street; And; The northern side of Aspinwall Avenue N.E. between the westerly line of Sublot No. 36 in W.F. Walworth’s Subdivision of part of Original Euclid Township Lot No. 1, Tract No. 10 and part of Tract No. 16, as shown by recorded plat in Volume 8 of Maps, Page 6 of Cuyahoga County Records (PPN 115-05-028) and East 152nd Street: And; The western side of East 140th Street between Aspinwall Avenue N.E. and Topeka Avenue N.E.; And; The eastern side of East 140th Street between Aspinwall Avenue N.E. and St. Clair Avenue; And; The northwestern side of St. Clair Avenue between East 150th Street and East 140th Street; And; The northwestern side of St. Clair Avenue between Earlwood Road and the western line of a parcel of land conveyed to New York Central Lines LLC dated August 14, 2002 and known as PPN 111-21-001; And; The southeastern side of St. Clair Avenue between East 149th Street and Woodworth Avenue; And; The northeastern side of Coit Road between East 140th Street and the northwestern side of a parcel of land conveyed by Sheriff’s Deed to City of Cleveland Land Reutilization Program recorded in Auditor’s File Number (AFN): 00268754 dated May 26, 1992 in Book 24383, Page 42 of Cuyahoga County Fiscal Records (PPN 115-12-067); And; The southwestern frontage of Coit Road between St. Clair Avenue and the southeastern side of Sublots Nos. 40 and 41 in the St. Clair-Coit Subdivision of part of Original Euclid Township Lot No. 2, Tract No. 10, as shown by the recorded plat in Volume 51 of Maps, Page 27 of Cuyahoga County Records (PPN 111-25-064); And; The western frontage of Hayden Avenue between St. Clair Avenue and the southern line of Sublot No. 797 & 798 in The Adams Realty Company’s Glenhaven Subdivision of part of Original 100 Acre Lot No. 359, as shown by the recorded plat in Volume 38 of Maps, page 8 of Cuyahoga County Records (PPN 111-24-033); And; The eastern frontage of Hayden Avenue between St. Clair Avenue and the southern line of a parcel of land conveyed to Greater Faith Missionary Baptist Church by deed dated June 9, 1987 as recorded as AFN: 00418350 in Book 73803, Page 37 of Cuyahoga County Fiscal Records (PPN 111-25-012); And as identified on the attached map shall be established as ‘Urban Form Overlay District’ Section 5. That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from southerly frontage of Aspinwall Avenue between East 137th Street and East 144th Street; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the western frontage of East 140th Street between Aspinwall Avenue and Topeka Avenue; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the eastern frontage of East 140th Street between Aspinwall Avenue and St. Clair Avenue; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the northeastern frontage of Coit Road between East 140th Street and the southeasterly line of a parcel of land conveyed by Sheriff’s Deed to City of Cleveland Land Reutilization Program dated January 10, 2014 as recorded by AFN: 201401100294 of Cuyahoga County Fiscal Records (PPN 115-12-065); And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the southwesterly frontage of Coit Road between the centerline of East 140th Street and the centerline of East 143rd Street; And; That the existing Mapped Building Setback of ten (10) feet of the property line shall be removed from the westerly frontage of the centerline of Hayden Avenue between the southerly line of a parcel of land conveyed to Ben & Helen Nettles dated August 22, 1978 as recorded by AFN: 00307672 in Book 14839, Page 197 of Cuyahoga County Fiscal Records, also known as PPN 111-24-026 and the centerline of Woodworth Avenue; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the easterly frontage of Hayden Avenue between the centerline of St. Clair Avenue and the centerline of Woodworth Avenue; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from northwesterly frontage of St. Clair Avenue between East 140th Street and East 150th Street; And; That the existing Mapped Building Setback of ten (10) feet from the property line shall be removed from the southeasterly frontage of St. Clair Avenue between East 140th Street and East 149th Street; And, as outlined on the attached map are hereby removed from the Building Zone Maps of the City of Cleveland. Section 6. That the change of zoning of lands described in Section 1 through 5 shall be identified as Map Change No. 2599, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 7. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 1281 110 The City Record July 31, 2019

1282 July 31, 2019 The City Record 111

Passed July 24, 2019. Effective August 23, 2019. 1283 112 The City Record July 31, 2019

Ord. No. 679-2019. Ord. No. 680-2019. Ord. No. 698-2019. By Council Members Cleveland By Council Members Cleveland By Council Member McCormack. and Kelley (by departmental and Kelley (by departmental An emergency ordinance authoriz- request). request). ing the acquisition and recording of An emergency ordinance authoriz- An emergency ordinance authoriz- certain easement interests from the ing the Director of Port Control to ing the Director of Port Control to Cuyahoga County Department of enter into one or more requirement enter into one or more requirement Public Works that encroach into contracts without competitive bid- contracts without competitive bid- existing County public improve- ding with Johnson Controls, Inc. for ding with Wadsworth Solutions for ments on Vermont Avenue, West labor and materials needed to main- labor and materials needed to main- 25th Street, and Detroit Avenue, for tain, repair, and expand the fire tain, repair, and expand the inte- the Office of Capital Projects. alarm and suppression systems, grated access control security and Whereas, this ordinance consti- including any parts, materials, CCTV systems, including any parts, tutes an emergency measure provid- equipment, supplies, services, and materials, equipment, supplies, ser- ing for the usual daily operation of installation, for the various divi- vices, and installation, for the vari- a municipal department; now, there- sions of the Department of Port Con- ous divisions of the Department of fore, trol, for a period of two years, with Port Control, for a period of two Be it ordained by the Council of two one-year options to renew, the years, with two one-year options to the City of Cleveland: first of which is exercisable with renew, the first of which is exercis- Section 1. That notwithstanding additional legislative authority. able with additional legislative and as an exception to the Codified Whereas, this ordinance consti- authority. Ordinances of Cleveland, Ohio, 1976, tutes an emergency measure provid- Whereas, this ordinance consti- the Commissioner of Purchases and ing for the usual daily operation of tutes an emergency measure provid- Supplies is authorized to acquire, a municipal department; now, there- ing for the usual daily operation of accept, and record certain easement fore, a municipal department; now, there- rights from Cuyahoga County Be it ordained by the Council of fore, Department of Public Works that the City of Cleveland: Be it ordained by the Council of encroach into existing County pub- the City of Cleveland: Section 1. That this Council deter- lic improvements on Vermont Section 1. That this Council determines that the within commodities Avenue, West 25th Street, and mines that the within commodities are non-competitive and cannot be Detroit Avenue, for the Office of are non-competitive and cannot be secured from any source other than Capital Projects, in and to the secured from any source other than Johnson Controls, Inc. Therefore, premises more particularly Wadsworth Solutions. Therefore, the described as follows: the Director of Port Control is Director of Port Control is autho- authorized to make one or more rized to make one or more written PARCEL 1-SH written requirement contracts with requirement contracts with LEGAL DESCRIPTION FOR A Johnson Controls, Inc., on the basis Wadsworth Solutions, on the basis STANDARD HIGHWAY EASEMENT of their proposal dated May 10, 2019, of their proposal dated May 17, 2019, ALONG WEST 25th STREET AND for the requirements for a period of for the requirements for a period not VERMONT AVENUE IN THE two years, with two one-year options to exceed two years, with two one- FOLLOWING DESCRIBED to renew, the first of which is exer- year options to renew, the first of PROPERTY WITHOUT cisable with additional legislative which is exercisable with addition- LIMITATION OF EXISTING authority for the necessary items of al legislative authority of the nec- ACCESS RIGHTS labor and materials needed to main- essary items of labor and materials Situated in the City of Cleveland, tain, repair, and expand the fire needed to maintain, repair, and County of Cuyahoga and State of alarm and suppression systems, expand the integrated access control Ohio and being part of Original including any parts, materials, security and CCTV systems, includ- Brooklyn Township Lot No. 70, equipment, supplies, services, and ing any parts, materials, equipment, bounded and described as follows: installation, to be purchased by the supplies, services, and installation, Beginning at an Iron Pin Monu- to be purchased by the Commission- Commissioner of Purchases and Sup- ment found at the intersection of er of Purchases and Supplies on a plies on a unit basis, for the vari- West 25th Street, 60 feet wide, and unit basis, for the various divisions ous divisions of the Department of Detroit Avenue, 66 feet wide. of the Department of Port Control. Port Control. The first of the one- Thence North 30°28'45" West, The first of the one-year options to year options to renew may not be along the centerline of said West renew may not be exercised without exercised without additional legisla- 25th Street, a distance of 142.71 feet tive authority. If such additional additional legislative authority. If such additional legislative authority to a point; legislative authority is granted and Thence North 59°31'15" East a dis- the first of the one-year options to is granted and the first of the one- year options to renew is exercised, tance of 30.00 feet to the northeast- renew is exercised, then the second erly line of said West 25th Street of the one-year options to renew then the second of the one-year options to renew may be exercised and the Principal Place of Begin- may be exercised at the option of at the option of the Director of Port ning of land herein described; the Director of Port Control, without Control, without the necessity of Thence North 30°28'45" West, the necessity of obtaining addition- obtaining additional authority of along the northeasterly line of said al authority of this Council. this Council. West 25th Street, a distance of 87.83 Section 2. That the costs of the Section 2. That the costs of the feet to the southeasterly line of Ver- contract or contracts shall be contract or contracts shall be mont Ave., 33 feet wide; charged against the proper appro- charged against the proper appro- Thence North 59°26'52" East, priation accounts and the Director priation accounts and the Director along the southeasterly line of said of Finance shall certify the amount of Finance shall certify the amount Vermont Ave., a distance of 229.00 of any purchase under the contract, of any purchase under the contract, feet to a point; each of which purchases shall be each of which purchases shall be Thence South 30°28'45" East a dis- made on order of the Commissioner made on order of the Commissioner tance of 6.20 feet; of Purchases and Supplies by a of Purchases and Supplies by a Thence South 39°50'15" West a delivery order issued against the delivery order issued against the distance of 30.96 feet; contract or contracts and certified contract or contracts and certified Thence South 59°51'30" West a by the Director of Finance. (RQN by the Director of Finance. (RQN distance of 157.83 feet to a point of 3001, RL 2019-16) 3001, RL 2019-17) curve; Section 3. That this ordinance is Section 3. That this ordinance is Thence along a curve deflection to declared to be an emergency mea- declared to be an emergency mea- the left, an arc distance of 41.45 feet. sure and, provided it receives the sure and, provided it receives the Said curve having a delta of affirmative vote of two-thirds of all affirmative vote of two-thirds of all 94°59'54", a radius of 25.00 feet and the members elected to Council, it the members elected to Council, it a chord that bears South 12°21'33" shall take effect and be in force shall take effect and be in force West, 36.86 feet; immediately upon its passage and immediately upon its passage and Thence South 35°08'24" East a dis- approval by the Mayor; otherwise it approval by the Mayor; otherwise it tance of 38.34 feet; shall take effect and be in force shall take effect and be in force Thence South 39°50'15" West a from and after the earliest period from and after the earliest period distance of 21.32 feet to the north- allowed by law. allowed by law. east line of said West 25th Street Passed July 24, 2019. Passed July 24, 2019. and the principal place of beginning Effective July 26, 2019. Effective July 26, 2019. and containing 4,880 square feet 1284 July 31, 2019 The City Record 113

(0.1120 acres) of land, be the same affirmative vote of two-thirds of all Section 6. That, when appropriate, more or less but subject to all legal the members elected to Council, it the Director of Capital Projects is highways; shall take effect and be in force authorized to enter into one or more Bearings are to an assumed merid- immediately upon its passage and contracts with the railroads, Greater ian and are used to denote angles approval by the Mayor; otherwise it Cleveland Regional Transit Author- only. shall take effect and be in force ity, the Northeast Ohio Regional from and after the earliest period Sewer District and other entities to SH-2 allowed by law. obtain services or to acquire prop- LEGAL DESCRIPTION FOR A Passed July 24, 2019. erty rights such as easements and STANDARD HIGHWAY EASEMENT Effective July 26, 2019. licenses, necessary to construct the ALONG WEST 25th STREET AND Improvement described in this ordi- DETROIT AVENUE nance. Situated in the City of Cleveland, Section 7. That the Director of County of Cuyahoga and State of Ord. No. 699-2019. Capital Projects is authorized to Ohio and being part of Original By Council Members Polensek, accept cash contributions from pub- Brooklyn Township Lot No. 70, Johnson, Brancatelli and Kelley (by lic or private entities, for infra- bounded and described as follows: departmental request). structure restoration costs Beginning at an Iron Pin Monu- An emergency ordinance authoriz- associated with relocating, rehabili- ment found at the intersection of ing the Director of Capital Projects tating or reconstructing utility West 25th Street, 60 feet wide, and to enter into an agreement or agree- infrastructure for the Improvement. Detroit Avenue, 66 feet wide. ments with the City of Euclid for That the Director of Capital Pro- Thence North 59°41'52" East, the City of Euclid to design and jects is authorized to enter into along the centerline of said Detroit make the public improvement of agreements with the entities for this Avenue, a distance of 76.16 feet to a rehabilitating East 185th Street from purpose. point; Pawnee Avenue to Lake Erie; to Section 8. That the Director of Thence North 30°03'48" West a apply for and accept any gifts or Capital Projects is authorized to distance of 33.00 feet to the inter- grants for this purpose from any enter into one or more agreements section of the northwesterly line of public or private entity; authorizing with private utility companies to and any other relative agreements, said Detroit Avenue and the north- pay charges for the installation of authorizing the acquisition of any easterly line of said West 25th underground lines in connection real property and easements neces- Street and being the Principal Place with the Improvement. sary to make the improvement; and of Beginning of land herein Section 9. That, notwithstanding cause payment for the City’s share. described; any provision of the Codified Ordi- Whereas, this ordinance consti- Thence North 30°28'45" West, nances of Cleveland, Ohio, 1976, to along the northeasterly line of said tutes an emergency measure providing for the usual daily operation of the contrary, the Commissioner of West 25th Street, a distance of 36.80 a municipal department; now, there- Purchases and Supplies is autho- feet to a point of curvature; fore, rized to acquire, accept, and record Thence along a curve deflection to Be it ordained by the Council of for right-of-way purposes any real the left, an arc distance of 9.66 feet. the City of Cleveland: property including but not limited to Said curve having a delta of Section 1. That the Director of fee simple acquisitions, temporary 18°27'26", a radius of 30.00 feet and Capital Projects is authorized on easements, permanent easements, a chord that bears North 68°42'36" behalf of the City of Cleveland and work agreements as is neces- East, 9.62 feet; (“Cleveland”) to enter into an agree- sary to make the Improvement Thence North 59°28'53" East a dis- ment or agreements with the City of described in this ordinance. The con- tance of 251.10 feet to a point; Euclid (“Euclid”), to allow Euclid to sideration to be paid for the prop- Thence North 47°40'27" East a dis- design and to make the public erty and easements shall not exceed tance of 125.81 feet to a point; improvement of rehabilitating East fair market value, as determined by Thence North 55°43'14" East a dis- 185th from Pawnee Avenue to Lake the Board of Control. tance of 95.27 feet to a point; T Erie which is located in the Cities Section 10. That the Director of hence South 35°12'07" East a dis- of Cleveland and Euclid (the Capital Projects is authorized to tance of 12.00 feet to a point; execute on behalf of the City all Thence South 55°43'14" West a “Improvement”). The Improvement shall be constructed under plans, documents necessary to acquire, distance of 96.83 feet to a point; accept, and record the property and Thence South 34°31'16" West a specifications, and estimates approved by the Cities of Cleveland easements and to employ and pay distance of 118.43 feet to a point; all fees for title companies, surveys, Thence South 59°41'52" West a and Euclid. The design, construction, and supervision of the Improve- escrows, appraisers, and all other distance of 276.09 feet to the princi- costs necessary for the acquisition pal place of beginning and containment will be arranged by Euclid. Section 2. That Cleveland agrees of the property and easements. ing 13,818 square feet (0.3172 acres) Section 11. That the Director of of land, be the same more or less to participate with Euclid in the cost of the Improvement by con- Capital Projects, when necessary, is but subject to all legal highways; authorized to cause payment to any Bearings are to an assumed merid- tributing approximately forty-seven railroad, the Greater Cleveland ian and are used to denote angles and one-half percent (47.5%) of the Regional Transit Authority, and only. total design and construction, which other entities for payment of any Legal Description approved by is estimated to be $1,670,930 for services which were necessary to Greg Esber, Section Chief, Plats, Cleveland’s share of the Improve- construct the Improvement. Surveys and House Numbering Sec- ment. The amount of Federal, Coun- Section 12. That the Director of tion. ty and other construction leverage Section 2. That the cost of the financing will be deducted from the Capital Projects is authorized to acquiring, accepting, and recording designated projected costs prior to enter into any agreements necessary the easement rights shall be $1.00 the application of the participatory to implement the Improvement. and other valuable consideration percentages and amount of work Section 13. That this Council which is determined to be fair mar- calculated in each City. authorizes payment to Euclid of the ket value or the amount of the jury Section 3. That Cleveland gives City’s share of the Improvement. verdict in the event eminent domain consent to Euclid to apply for and Section 14. That the Clerk of Coun- is needed to acquire the easement accept Ohio Public Works Commis- cil is authorized and directed to interests in and to the premises. The sion Issue 1 funds to partially transmit to the State three (3) cer- purchase price, appraisal, title, finance the Improvement. tified copies of this ordinance imme- escrow, and all other costs incurred Section 4. That this Council diately on its taking effect, and it in acquiring and recording the ease- requests Euclid to proceed with the shall become the basis for proceed- ment interests shall be paid from Improvement. ing with the Improvement. the fund or funds deemed appropri- Section 5. That the Director of Section 15. That the costs of this ate by the Director of Finance. Capital Projects is authorized to ordinance shall be paid from Fund Section 3. That the Director of apply for and accept any gifts or Nos. 20 SF 568, 20 SF 574, 20 SF 579, Capital Projects is authorized to grants for this purpose from any 20 SF 586, from the fund or funds to execute any documents on behalf of public or private entity; and that the which are credited any proceeds the City of Cleveland necessary to Director is authorized to file all from the sale of bonds authorized by effect the purposes of this ordi- papers and execute all documents Ordinance No. 510-2019, passed April nance. necessary to receive the funds under 29, 2019, the fund or funds to which Section 4. That this ordinance is the grant or grants; and that the are credited any gift or grant pro- declared to be an emergency mea- funds are appropriated for the pur- ceeds accepted under this ordinance, sure and, provided it receives the poses described in this ordinance. cash matches, cash contributions 1285 114 The City Record July 31, 2019 accepted and appropriated under Course No. 4: the public right-of-way of Fulton this ordinance, and from any and all Thence, North 85°-08'-32" West, a Road beneath the Fulton Road funds approved by the Director of distance of 10.50 feet to the place of bridge by installing, using, and Finance. (RQS 0103, RLA 2019-43) beginning, and containing 0.006 maintaining a 21" wide x 24" long Section 16. That this ordinance is acres of land more or less, as pre- x 6.75" high wooden peregrine fal- declared to be an emergency mea- pared in April 2019 by McSteen & con nest tray at a specific location sure and, provided it receives the Associates, Inc. under Project No. 19- first approved in writing by the affirmative vote of two-thirds of all 036, and being subject to all legal Director of Capital Projects. the members elected to Council, it highways and easements of record. Section 2. That the Director of shall take effect and be in force Legal Description approved by Law shall prepare the permit autho- immediately upon its passage and Greg Esber, Section Chief, Plats, rized by this ordinance and shall approval by the Mayor; otherwise it Surveys and House Numbering Sec- incorporate such additional provi- shall take effect and be in force tion. sions as the Director of Law deter- from and after the earliest period Section 2. That the Director of mines necessary to protect and allowed by law. Law shall prepare the permit autho- benefit the public interest. The per- Passed July 24, 2019. rized by this ordinance and shall mit shall be issued only when, in Effective July 26, 2019. incorporate such additional provi- the opinion of the Director of Law, sions as the Director of Law deter- the prospective Permittee has prop- mines necessary to protect and erly indemnified the City against benefit the public interest. The per- any loss that may result from the encroachment(s) permitted. mit shall be issued only when, in Ord. No. 701-2019. Section 3. That Permittee may the opinion of the Director of Law, By Council Members McCormack, assign the permit only with the the prospective Permittee has prop- Johnson and Brancatelli (by depart- prior written consent of the Director erly indemnified the City against mental request). of Capital Projects. That the any loss that may result from the An emergency ordinance authoriz- encroaching structure(s) permitted encroachment(s) permitted. ing the Director of Capital Projects by this ordinance shall conform to to issue a permit to K & D Real- Section 3. That Permittee may plans and specifications first Estate Services, LLC, to encroach assign the permit only with the approved by the Manager of the into the public right-of-way of 1500 prior written consent of the Director City’s Division of Engineering and West 3rd Street by installing, using, of Capital Projects. That the Construction. That Permittee shall and maintaining an awning and 2 encroaching structure(s) permitted obtain all other required permits, sculptures with pedestal founda- by this ordinance shall conform to including but not limited to Build- tions. plans and specifications first ing Permits, before installing the Whereas, this ordinance consti- approved by the Manager of the encroachment(s). tutes an emergency measure provid- City’s Division of Engineering and Section 4. That the permit shall ing for the usual daily operation of Construction. That Permittee shall reserve to the City reasonable right a municipal department; now, there- obtain all other required permits, of entry to the encroachment loca- fore, including but not limited to Build- tion(s). Be it ordained by the Council of ing Permits, before installing the Section 5. That this ordinance is encroachment(s). the City of Cleveland: declared to be an emergency mea- Section 4. That the permit shall Section 1. That the Director of sure and, provided it receives the reserve to the City reasonable right Capital Projects is authorized to affirmative vote of two-thirds of all of entry to the encroachment loca- issue a permit, revocable at the will the members elected to Council, it tion(s). shall take effect and be in force of Council, to K & D Real-Estate Section 5. That this ordinance is immediately upon its passage and Services, LLC, 1621 Euclid Avenue declared to be an emergency mea- approval by the Mayor; otherwise it (“Permittee”), to encroach into the sure and, provided it receives the shall take effect and be in force public right-of-way West 3rd Street affirmative vote of two-thirds of all from and after the earliest period by installing, using, and maintain- the members elected to Council, it allowed by law. ing an awning, and 2 sculptures shall take effect and be in force Passed July 24, 2019. with pedestal foundations, at the fol- immediately upon its passage and Effective July 26, 2019. lowing location: approval by the Mayor; otherwise it shall take effect and be in force EASEMENT DESCRIPTION from and after the earliest period 1500 West 3rd Street Cleveland, Ohio allowed by law. Ord. No. 706-2019. Situated in the City of Cleveland, Passed July 24, 2019. By Council Members B. Jones, County of Cuyahoga and State of Effective July 26, 2019. Johnson, Brancatelli and Kelley (by Ohio, being part of Original 2 Acre departmental request). Lot No. 79 and known as being part An emergency ordinance to vacate of Bridge of West 3rd Street (59 feet a portion of East 89th Street. wide) (Plat Volume 123, page 20 of Ord. No. 702-2019. Whereas, under Resolution No. the Cuyahoga County Map Records.) By Council Members Kelley, John- 1443-18, adopted December 3, 2018, and more fully described as follows: son and Brancatelli (by departmen- this Council declared its intention to Commencing for Reference at the tal request). vacate a portion of East 89th Street; intersection of the northerly side of An emergency ordinance authoriz- and Bridge of West Huron Road NW (84 ing the Director of Capital Projects Whereas, notice of the adoption of feet wide) and the westerly line of to issue a permit to the State of the above vacation was served on the abutting property owners affect- Bridge of West 3rd Street. Thence, Ohio, through the Department of ed by the resolution which stated a North 04°-51'-28" East along the Natural Resources, Division of Wildlife, to encroach into the public time and place when objections westerly line of Bridge of West 3rd would be heard before the Board of right-of-way of Fulton Road by Street, a distance of 105.86 feet, to Revision of Assessments; and installing, using, and maintaining a the TRUE PLACE OF BEGINNING Whereas, on April 30, 2019, the peregrine falcon nest tray. of the Encroachment Easement here- Board of Revision of Assessments Whereas, this ordinance consti- in to be described; approved the above vacation under tutes an emergency measure provid- the provisions of Section 176 of the Course No. 1: ing for the usual daily operation of Charter of the City of Cleveland; Thence, North 04°-51'-28" East, a municipal department; now, there- and continuing along said westerly line, fore, Whereas, this Council is satisfied a distance of Be it ordained by the Council of that there is good cause for vacat- 26.00 feet to a point; the City of Cleveland: ing a portion of the above and that Section 1. That the Director of it will not be detrimental to the gen- Course No. 2: Capital Projects is authorized to eral interest and that it should be Thence, South 85°-08'-32" East, a issue a permit, revocable at the will made; and distance of 10.50 feet to a point; of Council, to the State of Ohio, Whereas, this ordinance consti- through the Department of Natural tutes an emergency measure provid- Course No. 3: Resources, Division of Wildlife, 912 ing for the usual daily operation of Thence, South 04°-51'-28" West, a Portage Lakes Drive Akron, OH a municipal department; now, there- distance of 26.00 feet to a point; 44319 (“Permittee”), to encroach into fore, 1286 July 31, 2019 The City Record 115

Be it ordained by the Council of would be heard before the Board of Whereas, notice of the adoption of the City of Cleveland: Revision of Assessments; and the above vacation was served on Section 1. That this Council Whereas, on April 30, 2019, the the abutting property owners affect- declares that the following Board of Revision of Assessments ed by the resolution which stated a described real property is vacated: approved the above vacation under time and place when objections the provisions of Section 176 of the would be heard before the Board of Vacation of a portion of East 89th Charter of the City of Cleveland; Revision of Assessments; and Street and Whereas, on April 30, 2019, the Situated in the City of Cleveland, Whereas, this Council is satisfied Board of Revision of Assessments County of Cuyahoga and State of that there is good cause for vacat- approved the above vacation under Ohio and known as being part of ing a portion of the above and that the provisions of Section 176 of the Original 100 Acre Lot 384 as shown it will not be detrimental to the gen- Charter of the City of Cleveland; on the Cory Bros. Subdivision in Vol- eral interest and that it should be and ume 16 of Maps, Page 28 of Cuya- made; and Whereas, this Council is satisfied hoga County Records, further Whereas, this ordinance consti- that there is good cause for vacat- described as follows: tutes an emergency measure providing a portion of the above and that Being all that remaining portion ing for the usual daily operation of it will not be detrimental to the gen- of East 89th Street (40.00 feet wide) a municipal department; now, there- eral interest and that it should be (formerly known as Claremont fore, made; and Street) extending from the North Be it ordained by the Council of Whereas, this ordinance consti- line of Wade Park Avenue S.E. the City of Cleveland: tutes an emergency measure provid- (70.00 feet wide) to that portion of Section 1. That this Council ing for the usual daily operation of said East 89th Street vacated by declares that the following a municipal department; now, there- City of Cleveland, Council Ordinance described real property is vacated: fore, 1384-67, passed June 26th, 1967 as Situated in the City of Cleveland, Be it ordained by the Council of shown on the Vacation Plat of part County of Cuyahoga and State of the City of Cleveland: of East 89th Street, East 90th Street Ohio and known as being all that Section 1. That this Council and East 91st Street in Volume 202 portion of Freeman Avenue S.W. declares that the following of Maps, Page 61 of Cuyahoga Coun- (66.00 feet wide) extending from the described real property is vacated: ty Records. West right of way of Columbus Situated in the City of Cleveland, Legal Description approved by Road (80.00 feet wide) westerly to County of Cuyahoga and State of Greg Esber, Section Chief, Plats, that portion of Freeman Avenue Ohio and known as being part of Surveys and House Numbering Sec- S.W. vacated by ordinance 98591 Original Rockport Township section. passed by the council of the City of tions No. 3 and 4 being further Section 2. That there is reserved Cleveland on April 20th 1934. described as follows: a permanent easement as required Legal Description approved by by law to any public utility with a Greg Esber, Section Chief, Plats, Maplewood Avenue (60.00 feet current use or occupation within the Surveys and House Numbering Sec- wide) above described vacated portion of tion. Being all that portion of Maple- the street, highway or road. Section 2. That there is reserved wood Avenue (60.00 feet wide) That no structures shall be erect- a permanent easement as required extending from the West right of ed on the above described vacated by law to any public utility with a way of Rocky River Drive (Width area except those in compliance current use or occupation within the Varies) westerly to that portion of with federal, state and local law above described vacated portion of Maplewood Avenue vacated by City and under the approval of plans by the street, highway or road. of Cleveland Ordinance No. 1598-98 those deemed to have an easement That no structures shall be erect- passed November 23, 1998. by right of law and the City of ed on the above described vacated Legal Description approved by Cleveland. area except those in compliance Greg Esber, Section Chief, Plats, Section 3. That provided all with federal, state and local law Surveys and House Numbering Sec- required approvals have been and under the approval of plans by tion. obtained, the Manager of Engineer- those deemed to have an easement Section 2. That there is reserved ing and Construction is directed to by right of law and the City of a permanent easement as required record the vacation plat in the office Cleveland. by law to any public utility with a of the Recorder of Cuyahoga Coun- Section 3. That provided all current use or occupation within the ty. required approvals have been above described vacated portion of Section 4. That the Clerk of Coun- obtained, the Manager of Engineer- the street, highway or road. cil is directed to transmit a copy of ing and Construction is directed to That no structures shall be erect- this ordinance to the Fiscal Officer record the vacation plat in the office ed on the above described vacated of Cuyahoga County. of the Recorder of Cuyahoga Coun- area except those in compliance Section 5. That this ordinance is ty. with federal, state and local law declared to be an emergency mea- Section 4. That the Clerk of Coun- and under the approval of plans by sure and, provided it receives the cil is directed to transmit a copy of those deemed to have an easement affirmative vote of two-thirds of all this ordinance to the Fiscal Officer by right of law and the City of the members elected to Council, it of Cuyahoga County. Cleveland. shall take effect and be in force Section 5. That this ordinance is Section 3. That provided all immediately upon its passage and declared to be an emergency mea- required approvals have been approval by the Mayor; otherwise it sure and, provided it receives the obtained, the Manager of Engineer- shall take effect and be in force affirmative vote of two-thirds of all ing and Construction is directed to from and after the earliest period the members elected to Council, it record the vacation plat in the office allowed by law. shall take effect and be in force of the Recorder of Cuyahoga Coun- Passed July 24, 2019. immediately upon its passage and ty. Effective July 26, 2019. approval by the Mayor; otherwise it Section 4. That the Clerk of Coun- shall take effect and be in force cil is directed to transmit a copy of from and after the earliest period this ordinance to the Fiscal Officer allowed by law. of Cuyahoga County. Ord. No. 707-2019. Passed July 24, 2019. Section 5. That Director of Port By Council Members McCormack, Effective July 26, 2019. Control is authorized to accept all Johnson, Brancatelli and Kelley (by or a portion of the vacated roadway departmental request). from the adjacent property owners An emergency ordinance to vacate in fee simple or by way of a stan- a portion of Freeman Avenue S.W. Ord. No. 708-2019. dard highway easement and is Whereas, under Resolution No. By Council Members Keane, John- authorized to encumber the vacated 1237-18, adopted November 26, 2018, son, Brancatelli and Kelley (by roadway with a standard highway this Council declared its intention to departmental request). easement to memorialize mainte- vacate a portion of Freeman Avenue An emergency ordinance to vacate nance and access for the adjacent S.W.; and a portion of Maplewood Avenue. property owners. Whereas, notice of the adoption of Whereas, under Resolution No. Section 6. That this ordinance is the above vacation was served on 1131-18, adopted December 3, 2018, declared to be an emergency mea- the abutting property owners affect- this Council declared its intention to sure and, provided it receives the ed by the resolution which stated a vacate a portion of Maplewood affirmative vote of two-thirds of all time and place when objections Avenue; and the members elected to Council, it 1287 116 The City Record July 31, 2019 shall take effect and be in force That no structures shall be erect- or more consultants or one or more immediately upon its passage and ed on the above described vacated firms of consultants, necessary for approval by the Mayor; otherwise it area except those in compliance the purpose of supplementing the shall take effect and be in force with federal, state and local law regularly employed staff of the sev- from and after the earliest period and under the approval of plans by eral departments of the City of allowed by law. those deemed to have an easement Cleveland in order to provide pro- Passed July 24, 2019. by right of law and the City of fessional services necessary to Effective July 26, 2019. Cleveland. implement this ordinance as Section 3. That provided all described in the file. required approvals have been The selection of the consultants obtained, the Manager of Engineer- for the services shall be made by Ord. No. 709-2019. ing and Construction is directed to the Board of Control on the nomi- By Council Members Polensek, record the vacation plat in the office nation of the Director of City Plan- Johnson, Brancatelli and Kelley (by of the Recorder of Cuyahoga Coun- ning from a list of qualified departmental request). ty. consultants available for employment as may be determined after a An emergency ordinance to vacate Section 4. That the Clerk of Coun- full and complete canvass by the a portion of Utopia Avenue N.E. cil is directed to transmit a copy of Whereas, under Resolution No. Director of City Planning for the this ordinance to the Fiscal Officer purpose of compiling a list. The 1332-18, adopted December 3, 2018, of Cuyahoga County. compensation to be paid for the ser- this Council declared its intention to Section 5. That this ordinance is vices shall be fixed by the Board of vacate a portion of Utopia Avenue declared to be an emergency mea- Control. The contract or contracts N.E.; and sure and, provided it receives the authorized shall be prepared by the Whereas, notice of the adoption of affirmative vote of two-thirds of all Director of Law, approved by the the above vacation was served on the members elected to Council, it Director of City Planning, and cer- the abutting property owners affect- shall take effect and be in force tified by the Director of Finance. ed by the resolution which stated a immediately upon its passage and Section 4. That the costs of the time and place when objections approval by the Mayor; otherwise it contract or contracts shall be paid would be heard before the Board of shall take effect and be in force from the fund or funds to which are Revision of Assessments; and from and after the earliest period credited any grant proceeds accept- Whereas, on April 30, 2019, the allowed by law. ed under this ordinance. Board of Revision of Assessments Passed July 24, 2019. Section 5. That this ordinance is approved the above vacation under Effective July 26, 2019. declared to be an emergency mea- the provisions of Section 176 of the sure and, provided it receives the affirmative vote of two-thirds of all Charter of the City of Cleveland; the members elected to Council, it and shall take effect and be in force Whereas, this Council is satisfied Ord. No. 710-2019. immediately upon its passage and that there is good cause for vacat- By Council Members B. Jones, approval by the Mayor; otherwise it ing a portion of the above and that Cleveland, Brancatelli and Kelley shall take effect and be in force it will not be detrimental to the gen- (by departmental request). from and after the earliest period eral interest and that it should be An emergency ordinance authoriz- allowed by law. made; and ing the Director of City Planning to Passed July 24, 2019. Whereas, this ordinance consti- apply for and accept a grant from Effective July 26, 2019. tutes an emergency measure provid- the Ohio History Connection State ing for the usual daily operation of Historic Preservation Office/ Ohio a municipal department; now, there- Development Services Agency to fore, prepare a National Register of His- Ord. No. 712-2019. Be it ordained by the Council of toric Places Nomination to recognize By Council Members Brancatelli the City of Cleveland: and preserve the Midtown Historic and Kelley (by departmental Section 1. That this Council District and to promote economic request). declares that the following development through Historic Tax An emergency ordinance authoriz- described real property is vacated: Credits; and authorizing the director ing the Mayor and the Commission- to enter into one or more contracts er of Purchases and Supplies to A portion of Utopia Avenue N.E. for professional consultants to acquire and re-convey properties (15.00 feet wide) implement this ordinance. presently owned by Jennings Free- way Industrial Park, an Ohio gen- Situated in the City of Cleveland Whereas, this ordinance consti- eral partnership, or its designee, (formerly the Village of tutes an emergency measure provid- located at 4781 Hinckley Industrial Collinwood), County of Cuyahoga ing for the usual daily operation of Parkway for the purpose of enter- a municipal department; now, there- and State of Ohio and known as ing into the chain-of-title prior to fore, being the southerly 15 feet of the adoption of tax increment Sublots 3 and 13 in the Wood Gib- Be it ordained by the Council of financing legislation authorized son and others Subdivision of part the City of Cleveland: under Section 5709.41 of the Revised of Original Euclid Township Lot No. Section 1. That the Director of Code. 1 as shown in the recorded plat in City Planning is authorized to apply Whereas, this ordinance consti- Volume 17 of Maps, Page 11 of Cuya- for and accept a grant from the Ohio tutes an emergency measure provid- hoga County Records, authorized for History Connection State Historic ing for the usual daily operation of street purposes by Collinwood ordi- Preservation Office/ Ohio Develop- a municipal department; now, there- nance 1599 dated July 13, 1908 as ment Services Agency in the amount fore, shown in Volume 1175, Page 341 of of $30,000 to prepare a National Reg- Be it ordained by the Council of Cuyahoga County Deed Records, fur- ister of Historic Places Nomination the City of Cleveland: ther described as follows: to recognize and preserve the Mid- Section 1. That notwithstanding Being all that portion of Utopia town Historic District and to pro- and as an exception to the provi- Avenue N.E. (15.00 feet wide) mote economic development through sions of Chapter 181 and 183 of the extending from the East line of Historic Tax Credits; the director is Codified Ordinances of Cleveland, East 150th Street (60.00 feet authorized to file all papers and Ohio, 1976, the Mayor and the Com- wide)(formerly known as Mars execute all documents necessary to missioner of Purchases and Supplies Avenue) to the West line of East receive the funds under the grant; are authorized to acquire from and 152nd Street (60.00 feet wide)(for- and that the funds are appropriated re-convey to, Jennings Freeway Industrial Park, an Ohio general merly known as Collamer Avenue). for the purposes described in this partnership, or its designee, for a Legal Description approved by ordinance. nominal consideration of one dollar Greg Esber, Section Chief, Plats, Section 2. That the summary for and other valuable consideration Surveys and House Numbering Sec- the grant, File No. 710-2019-A, made determined to be fair market value, tion. a part of this ordinance as if fully the following property for the pur- Section 2. That there is reserved rewritten, is approved in all respects pose of entering into the chain-of- a permanent easement as required and shall not be changed without title prior to the adoption of tax by law to any public utility with a additional legislative authority. increment financing legislation current use or occupation within the Section 3. That the Director of authorized under Section 5709.41 of above described vacated portion of City Planning is authorized to the Revised Code and more fully the street, highway or road. employ by contract or contracts one described as follows: 1288 July 31, 2019 The City Record 117

LEGAL DESCRIPTION OF Thence South 01°55'18" East shall take effect and be in force 6.1348 ACRE PARCEL OF LAND OF along the westerly line of land so from and after the earliest period PART OF P.P.N. 010-31-001 AND -002 described to Kiwi Real Estate Hold- allowed by law. HINCKLEY INDUSTRIAL ings Ltd. 203.46 feet to a northerly Passed July 24, 2019. PARKWAY, CLEVELAND line of land so described to Manolis Effective July 26, 2019. Situated in the City of Cleveland, Investments LLC (P.P.N. 010-31-003) County of Cuyahoga and State of by deed dated May 21, 2010 and Ohio and known as being part of AFN. 201005210211 of Cuyahoga Block “L” in the Resubdivision of County Deed Records; Ord. No. 713-2019. Jennings Freeway Industrial Park Thence South 87°33'52" West By Council Members Brancatelli of part of Original Brooklyn Town- along a northerly line of land so and Kelley (by departmental ship Lot No. 79 as shown by the plat described to Manolis Investments request). recorded in Volume 233, Page 36 of LLC, 323.09 feet to a northwesterly An emergency ordinance authoriz- Cuyahoga County Map Records and corner therein; ing the Director of Economic Devel- bounded and described as follows: Thence North 08°26'16" East, 3.37 opment to enter into a forgivable Beginning at the intersection of feet to an angle point; loan agreement with Jennings Free- the centerline of Hinckley Industri- Thence North 80°19'22" West way Industrial Park, an Ohio gen- al Parkway (60 feet wide) as shown along a northerly line of so eral partnership or its designee, to on the Dedicated Plat recorded in described to Manolis Investments provide economic development assis- Volume 229, Page 28 and Volume LLC, 333.48 feet to the curved east- tance to partially finance the devel- 229, Page 48 of Cuyahoga County erly right of way of said Hinckley opment of a build-to-suit facility at Map Records and the centerline of Industrial Parkway; the Strike Force Project site located Schaaf Road (50 feet wide) as Thence along the curved easterly at 4781 Hinckley Industrial Park- shown on the Centerline Survey Plat right of way of Hinckley Industrial way, and other associated costs nec- recorded in Volume 361, Page 36 of Parkway deflecting to the left, an essary to redevelop the property. Cuyahoga County Map Records; arc of 28.49 feet with a delta of Whereas, this ordinance consti- Thence North 29°22'36" East 2°35'29", said curve having a radius tutes an emergency measure provid- along the centerline of Hinckley of 630.00 feet and a chord that bears ing for the usual daily operation of Industrial Parkway, passing North 10º58'23" East, 28.49 feet to a municipal department; now, there- through a 1" iron pin (0.00 feet the PRINCIPAL PLACE OF BEGIN- fore, north and 0.04 feet west) in a mon- NING and containing 6.1348 acres Be it ordained by the Council of ument box at 25.00 feet, 104.46 feet (267,231 Sq.Ft) of land as land as the City of Cleveland: to a 1" iron pin in a monument box described by Edward B. Dudley, PS Section 1. That the Director of (0.19 feet north and 0.00 feet east) No. 6747 of the Riverstone Company Economic Development is autho- at a point of curvature; in May of 2019 and subject to all rized to enter a forgivable loan Thence along the curved center- legal highways, restrictions, reser- agreement with Jennings Freeway line of Hinckley Industrial Parkway vations and easements. Industrial Park, an Ohio general deflecting to the left, an arc of partnership or its designee, in an 206.29 feet with a delta of 19°41'58", Basis of Bearings: amount of $500,000, to partially said curve having a radius of 600.00 The centerline of Hinckley Indus- finance the development of a build- feet and a chord that bears North trial Parkway in the dedication of to-suit facility at the Strike Force 19º31'37" East, 205.28 feet to a 1" Hinckley Industrial Parkway as Project site located at 4781 Hinck- iron pin in a monument box at a North 09°40'38" East as shown on ley Industrial Parkway, and other point of tangency; the plat recorded in Volume 229, associated costs necessary to rede- Thence South 80°19'22" East, 30.00 Page 28 and 48 of Cuyahoga Coun- velop the property. feet to the easterly right of way of ty Map Records. Section 2. That the summary for Hinckley Industrial Parkway and the loan, File No. 713-2019-A, made a being the PRINCIPAL PLACE OF Deed of Reference: part of this ordinance as if fully BEGINNING of the premises herein Land described to Jennings Free- rewritten, is approved in all respects described; way Industrial Park, an Ohio gen- and shall not be changed without Thence North 09°40'38" East eral partnership, by deed dated July additional legislative authority. along the easterly right of way of 6, 1983 and recorded in Volume 83- Section 3. That the Director of Hinckley Industrial Parkway, 409.03 00188, Page 833 of Cuyahoga Coun- Economic Development is autho- feet to the southwesterly corner of ty Deed Records. rized to accept such collateral as the land described to Wesco Real Estate Section 2. That the Director of director determines is sufficient in I, LLC (P.P.N. 010-29-010) by the Economic Development is autho- order to secure repayment of the deed dated March 07, 2003 and rized to execute on behalf of the loan. recorded in AFN. 200303071303 of City of Cleveland all necessary doc- Section 4. That the Director of Cuyahoga County Deed Records; uments to acquire and to convey the Economic Development is autho- Thence South 78°22'40" East properties and to employ and to rized to accept monies in repayment along the southerly line of land so cause Jennings Freeway Industrial of the loan and to deposit the described to Wesco Real Estate I, Park, or its designee, to pay all fees monies in Fund Nos. 17 SF 006. LLC and being the southerly line of for title companies, surveys, Section 5. That the Director of Sublot No. 10 of The Map of Lot Split escrows, appraisers, environmental Economic Development is autho- recorded in Volume 239, Page 59 of audits, and all other costs necessary rized to charge and accept fees in Cuyahoga County Map Records, for the acquisition and sale of the an amount not to exceed the maxi- 630.45 feet to a southeasterly corner properties. mum allowable fees under federal therein; Section 3. That this Council finds regulations and the fees are appro- Thence North 17°57'33" East the conveyances are in compliance priated to cover costs incurred in along an easterly line of land so with Section 5709.41(B)(1) of the the preparation of the loan applica- described to Wesco Real Estate I, Revised Code and the proposed tion, closing and servicing of the LLC and being the easterly line of improvements constitute and are loan. The fees shall be deposited to said Sublot No. 10, 80.00 feet to a declared a public purpose under said and expended from Fund No. 17 SF southwesterly corner of land section and the subject property is 305, Loan Fees Fund. described to John A. Litteria and D. located in an impacted City as Section 6. That the contract and Litteria (P.P.N. 010-31-004) by deed required by Section 5709.41 of the other appropriate documents needed dated June 11, 1976 and recorded in Revised Code. to complete the transaction autho- Volume 14255, Page 527 of Cuyahoga Section 4. That the conveyance rized by this legislation shall be pre- County Deed Records; shall be made by official deed prepared by the Director of Law. Thence South 01°56'46" East, pared by the Director of Law and Section 7. That the costs of any 220.02 feet to the northerly line of executed by the Mayor and the Com- funding under this ordinance shall land described to Kiwi Real Estate missioner of Purchases and Supplies not exceed $500,000, and shall be Holdings Ltd. (P.P.N. 010-31-005) by on behalf of the City of Cleveland. paid from Fund Nos. 17 SF 008, RQS deed dated March 18, 2015 and Section 5. That this ordinance is 9501, RL 2019-63. recorded in AFN. 201503180464 of declared to be an emergency mea- Section 8. That this ordinance is Cuyahoga County Deed Records; sure and, provided it receives the declared to be an emergency mea- Thence South 88°03'14" West affirmative vote of two-thirds of all sure and, provided it receives the along the northerly line of land so the members elected to Council, it affirmative vote of two-thirds of all described to Kiwi Real Estate Hold- shall take effect and be in force the members elected to Council, it ings Ltd., 79.67 feet to the north- immediately upon its passage and shall take effect and be in force westerly corner therein; approval by the Mayor; otherwise it immediately upon its passage and 1289 118 The City Record July 31, 2019 approval by the Mayor; otherwise it affirmative vote of two-thirds of all Section 5. That fees received shall take effect and be in force the members elected to Council, it under the Gardening for Greenbacks from and after the earliest period shall take effect and be in force Program will be deposited into a allowed by law. immediately upon its passage and fund approved by the Director of Passed July 24, 2019. approval by the Mayor; otherwise it Finance. Effective July 26, 2019. shall take effect and be in force Section 6. That the cost of each from and after the earliest period contract shall not exceed $5,000 per allowed by law. applicant and shall be paid from the Passed July 24, 2019. fund or fund to which are credited Ord. No. 714-2019. Effective July 26, 2019. the grant proceeds accepted under By Council Members Brancatelli this ordinance and from Fund No. 17 and Kelley (by departmental SF 052, UDAG Repayments. (RQS request). 9501, RLA 2019-44) An emergency ordinance authoriz- Ord. No. 715-2019. Section 7. That this ordinance is ing the Director of Economic Devel- By Council Members Brancatelli declared to be an emergency mea- opment to enter into an agreement and Kelley (by departmental sure and, provided it receives the with the National Development request). affirmative vote of two-thirds of all Council, or its designee, to provide An emergency ordinance authoriz- the members elected to Council, it economic development assistance to ing the Director of Economic Devel- shall take effect and be in force provide partial funding of the Capi- opment to apply for and accept immediately upon its passage and tal Access Fund of Greater Cleve- grants from CoBank and Farm Cred- land. it Mid-America, and/or their approval by the Mayor; otherwise it Whereas, the National Develop- designees, for the Gardening for shall take effect and be in force ment Council, or its designee, seeks Greenbacks Program; and authoriz- from and after the earliest period to fund a loan loss reserve to make ing the Director to enter into one or allowed by law. up to $4,000,000 available for the more contracts with small business- Passed July 24, 2019. Capital Access Fund of Greater es, merchants, or local farmers to Effective July 26, 2019. Cleveland (“Capital Access Fund”) implement the grant. in flexible and patient capital for Whereas, under Ordinance No. 553- low-cost loans to minority small 08, passed June 2, 2008, and under businesses in the City of Cleveland; Ordinance 884-12 passed on July 11, Ord. No. 716-2019. and 2012, this Council authorized the By Council Members Brancatelli Whereas, the City of Cleveland is establishment of the Gardening for and Kelley (by departmental committing up to $200,000 towards Greenbacks Program; and request). this loan loss reserve and other part- Whereas, the City wishes to con- An emergency ordinance authoriz- ners will contribute the remainder; tinue the Gardening for Greenbacks ing the Director of Economic Devel- and Program by applying for and accept- opment to enter into a grant Whereas, the loans given under ing the grants authorized in this the Capital Access Fund will assist ordinance and providing match to agreement with Hebrew Free Loan minority small businesses which continue the programs to be used as Association, or its designee, to par- have consistently found impedi- additional program resources made tially finance the creation of their ments to accessing capital; and available to eligible small business- Start-Up Working Capital Fund Whereas, this ordinance consti- es, merchants, and local farmers; Pilot Program which will adminis- tutes an emergency measure provid- and ter working capital financing loans ing for the usual daily operation of Whereas, this ordinance consti- to eligible small businesses located a municipal department; now, there- tutes an emergency measure provid- in/or will be located in the City of fore, ing for the usual daily operation of Cleveland in conjunction with the Be it ordained by the Council of a municipal department; now, there- Neighborhood Retail Assistance Pro- the City of Cleveland: fore, gram and/or the Municipal Small Section 1. That the Director of Be it ordained by the Council of business Initiative Program. Economic Development is autho- the City of Cleveland: Whereas, this ordinance consti- rized to enter into an agreement Section 1. That the Director of tutes an emergency measure provid- with the National Development Economic Development is autho- ing for the usual daily operation of Council, or its designee, to provide rized to apply for and accept grants a municipal department; now, there- economic development assistance to from CoBank and Farm Credit Mid- fore, provide partial funding of the Capi- America, and/or their designees, Be it ordained by the Council of tal Access Fund of Greater Cleve- each in the amount of $25,000 for a the City of Cleveland: land, under terms contained in the combined total of $50,000 to contin- Section 1. That the Director of summary placed in File No. 714-2019- ue to conduct the Gardening for Economic Development is autho- A. Greenbacks Program; that the Direc- rized to enter into a grant agree- Section 2. That the costs of the tor is authorized to file all papers ment in the amount not to exceed grant shall not exceed an amount up and execute all documents neces- $75,000 with Hebrew Free Loan to $200,000 and shall be paid from sary to receive the funds under the Association, or its designee, to par- Fund No. 17 SF 652, Request No. grants; and that the funds are RQS 9501, RL 2019-62. appropriated for the purposes tially finance the creation of their Section 3. That the agreement and described in the Executive Summa- Start-Up Working Capital Fund other appropriate documents needed ry contained in the file described Pilot Program which will adminis- to complete the transaction autho- below. ter working capital financing loans rized by this legislation shall be pre- Section 2. That in addition to the capped at $5,000 to eligible small pared by the Director of Law. grant funds accepted above, the City businesses located in/or will be Section 4. That the contract autho- shall contribute an additional located in the City of Cleveland in rized in this legislation will require $25,000 from the UDAG Repayment conjunction with the Neighborhood the recipient of financial assistance fund to the Gardening for Green- Retail Assistance Program and/or to work with, and/or cause their backs Program to be used as addi- the Municipal Small business Initia- tenants to work with, The Work- tional program resources made tive Program. In addition, Hebrew force Investment Board for Work- available to eligible small business- Free Loan Association, or its force Area No. 3 to identify and es, merchants, and local farmers. designee, may use up to $3,5000 from solicit qualified candidates for job Section 3. That the Executive the grant funds for its administra- opportunities related to the City’s Summary, File No. 715-2019-A, made tive costs associated with the Start- contracts, and place special empha- a part of this ordinance as if fully Up Working Capital Fund Pilot sis on the hard to employ, including rewritten, is approved in all respects Program. but not limited to the disabled and and shall not be changed without Section 2. That the agreement and persons who have been convicted of additional legislative authority. other appropriate documents needed or have pled guilty to a criminal Section 4. That the Director of to complete the transaction autho- offense, unless the criminal convic- Economic Development is authorized by this legislation shall be pre- tion or circumstances relate to the rized to enter into one or more con- pared by the Director of Law. duties for the particular job sought. tracts for grants with eligible small Section 3. That the contract autho- Section 5. That this ordinance is businesses, merchants, or local farm- rized in this legislation will require declared to be an emergency mea- ers under the Gardening for Green- the recipients of financial assistance sure and, provided it receives the backs Program. to work with, and/or cause their 1290 July 31, 2019 The City Record 119 tenants to work with, The Work- Ord. No. 718-2019. Executive Summary for the grant force Investment Board for Work- By Council Members Brancatelli contained in the file described force Area No. 3 to identify and and Kelley (by departmental below. solicit qualified candidates for job request). Section 2. That the Executive opportunities related to the City’s An emergency ordinance authoriz- Summary for the grant, File No. 719- contracts, and place special empha- ing the Director of Economic Devel- 2019-A, made a part of this ordi- sis on the hard to employ, including opment to enter into a grant nance as if fully rewritten, is but not limited to the disabled and agreement with The Greater Cleve- approved in all respects and shall persons who have been convicted of land Sports Commission, or its not be changed without additional or have pled guilty to a criminal designee, to provide financial assis- legislative authority. offense, unless the criminal convic- tance to organize and administer Section 3. That the Director of tion or circumstances relate to the programs for marketing the City of Public Health shall have the authority to extend the term of the grant duties for the particular job sought. Cleveland as a venue for sporting during the grant term. Section 4. That the aggregate events and to actively market the Public Auditorium as a premier site Section 4. That the Director of costs of the grant shall not exceed Public Health shall deposit the an amount of $75,000 and shall be for the hosting of major events. Whereas, this ordinance consti- grant accepted under this ordinance paid from Fund No. 17 SF 652, RQS tutes an emergency measure provid- into a fund or funds designated by 9501, RL 2019-61. ing for the usual daily operation of the Director of Finance to imple- Section 5. That this ordinance is a municipal department; now, there- ment the program as described in declared to be an emergency mea- fore, the file and appropriated for that sure and, provided it receives the Be it ordained by the Council of purpose. affirmative vote of two-thirds of all the City of Cleveland: Section 5. That this ordinance is the members elected to Council, it Section 1. That the Director of declared to be an emergency mea- shall take effect and be in force Economic Development is autho- sure and, provided it receives the immediately upon its passage and rized to enter into a grant agree- affirmative vote of two-thirds of all approval by the Mayor; otherwise it ment with The Greater Cleveland the members elected to Council, it shall take effect and be in force Sports Commission, or its designee, shall take effect and be in force from and after the earliest period to provide financial assistance to immediately upon its passage and allowed by law. organize and administer programs approval by the Mayor; otherwise it Passed July 24, 2019. for marketing the City of Cleveland shall take effect and be in force from and after the earliest period Effective July 26, 2019. as a venue for sporting events and to actively market the Public Audi- allowed by law. torium as a premier site for the Passed July 24, 2019. hosting of major events. Effective July 26, 2019. Section 2. That the agreement and Ord. No. 717-2019. other appropriate documents needed By Council Members Brancatelli to complete the transaction autho- and Kelley (by departmental rized by this legislation shall be pre- Ord. No. 720-2019. By Council Members Griffin and request). pared by the Director of Law. Kelley (by departmental request). An emergency ordinance authoriz- Section 3. That the costs of the An emergency ordinance authorizing the Director of Economic Devel- grant shall not exceed an amount of ing the Director of Public Health to opment to enter into a grant $250,000 and shall be paid from apply for and accept a grant from agreement with the Greater Cleve- Fund No. 17 SF 652, RQS 9501, RL the Cuyahoga County Board of 2019-58. land Media Development Corpora- Health for the Public Health Emer- tion dba Greater Cleveland Film Section 4. That this ordinance is declared to be an emergency mea- gency Preparedness Grant Program. Commission, or its designee, to Whereas, this ordinance consti- assist with the general operating sure and, provided it receives the affirmative vote of two-thirds of all tutes an emergency measure provid- expenses of the organization. the members elected to Council, it ing for the usual daily operation of Whereas, this ordinance consti- shall take effect and be in force a municipal department; now, there- tutes an emergency measure provid- immediately upon its passage and fore, ing for the usual daily operation of approval by the Mayor; otherwise it Be it ordained by the Council of a municipal department; now, there- shall take effect and be in force the City of Cleveland: fore, from and after the earliest period Section 1. That the Director of Be it ordained by the Council of allowed by law. Public Health is authorized to apply for and accept a grant in the the City of Cleveland: Passed July 24, 2019. Effective July 26, 2019. approximate amount of $183,688, for Section 1. That the Director of each year of the grant, and any Economic Development is autho- other funds as they become avail- rized to enter into a grant agree- able during the grant term, from the ment with the Greater Cleveland Ord. No. 719-2019. Cuyahoga County Board of Health Media Development Corporation dba By Council Members Griffin and to conduct the Public Health Emer- Greater Cleveland Film Commission, Kelley (by departmental request). gency Preparedness Grant Program; or its designee, to assist with the An emergency ordinance authoriz- that the Director of Public Health is general operating expenses of the ing the Director of Public Health to authorized to file all papers and organization. apply for and accept a grant from execute all documents necessary to receive the funds under the grant; Section 2. That the Director of the Ohio Department of Health for the Cities Readiness Initiative Pro- and that the funds are appropriated Law is authorized to prepare the for the purposes set forth in the grant agreement and other docu- gram. Whereas, this ordinance consti- Executive Summary for the grant ments that may be appropriate to tutes an emergency measure provid- contained in the file described complete the transaction. ing for the usual daily operation of below. Section 3. That the costs of the a municipal department; now, there- Section 2. That the Executive grant shall not exceed $250,000 and fore, Summary for the grant, File No. 720- shall be paid from Fund No. 17 SF Be it ordained by the Council of 2019-A, made a part of this ordi- 652, Request No. RQS 9501, RL 2019- the City of Cleveland: nance as if fully rewritten, is 59. Section 1. That the Director of approved in all respects and shall Section 4. That this ordinance is Public Health is authorized to apply not be changed without additional declared to be an emergency mea- for and accept a grant in the legislative authority. Section 3. That the Director of sure and, provided it receives the approximate amount of $107,309, for Public Health shall have the author- affirmative vote of two-thirds of all each year of the grant, and any ity to extend the term of the grant the members elected to Council, it other funds that may become available during the grant term from the during the grant term. shall take effect and be in force Ohio Department of Health to con- Section 4. That the Director of immediately upon its passage and duct the Cities Readiness Initiative Public Health shall deposit the approval by the Mayor; otherwise it (“CRI”) Program; that the Director grant accepted under this ordinance shall take effect and be in force is authorized to file all papers and into a fund or funds designated by from and after the earliest period execute all documents necessary to the Director of Finance to imple- allowed by law. receive the funds under the grant; ment the program as described in Passed July 24, 2019. and that the funds are appropriated the file and appropriated for that Effective July 26, 2019. for the purposes described in the purpose. 1291 120 The City Record July 31, 2019

Section 5. That, unless expressly the members elected to Council, it expenditures, in an estimated prohibited by the grant agreement, shall take effect and be in force amount of $1,200,000, payable from under Section 108(b) of the Charter, immediately upon its passage and Fund No. 52 SF 001, and from the purchases made under the grant approval by the Mayor; otherwise it fund or funds to which are credited agreement may be made through shall take effect and be in force any future water bonds if issued for cooperative arrangements with from and after the earliest period this purpose. (RQS 2002, RL 2019-46) other governmental agencies. The allowed by law. Section 4. That this ordinance is Director of Public Health may sign Passed July 24, 2019. declared to be an emergency mea- all documents and do all things that Effective July 26, 2019. sure and, provided it receives the are necessary to make the purchas- affirmative vote of two-thirds of all es, and may enter into one or more the members elected to Council, it contracts with the vendors selected shall take effect and be in force through that cooperative process. Ord. No. 722-2019. immediately upon its passage and The contracts will be paid from the By Council Members Keane and approval by the Mayor; otherwise it fund or funds to which are credited Kelley (by departmental request). shall take effect and be in force any grant funds accepted under this An emergency ordinance authoriz- from and after the earliest period ordinance. Section 6. That this ordinance is ing the Director of Public Utilities allowed by law. declared to be an emergency mea- to enter into one or more agree- Passed July 24, 2019. sure and, provided it receives the ments with Corix Utilities (Cleve- Effective July 26, 2019. affirmative vote of two-thirds of all land) Inc. dba Cleveland Thermal, the members elected to Council, it or its contractor, to replace a water shall take effect and be in force distribution main in East 6th Street immediately upon its passage and between Lakeside Avenue and Rock- Ord. No. 723-2019. approval by the Mayor; otherwise it well Avenue; and to reimburse By Council Members Keane and shall take effect and be in force Cleveland Thermal for the City’s Kelley (by departmental request). from and after the earliest period share of the improvement. An emergency ordinance deter- allowed by law. Whereas, the City of Cleveland, mining the method of making the Passed July 24, 2019. Division of Water has a water main public improvement of tearing down Effective July 26, 2019. in East 6th Street between Lakeside and removing the radio tower and Avenue and Rockwell Avenue that associated buildings on the Tree is deteriorating and needs replace- Farm Property in Brecksville, and ment; and removing shelters at two other radio Ord. No. 721-2019. Whereas, Corix Utilities (Cleve- tower locations and restoring land By Council Members Griffin and land) Inc. dba Cleveland Thermal, in all locations; authorizing the Kelley (by departmental request). has a steam main condition in East Director of Public Utilities to enter An emergency ordinance authoriz- 6th Street between Lakeside Avenue into one or more public improvement ing the Director of Public Health to and Rockwell Avenue that is dete- contracts for the making of the enter into one or more contracts riorating and needs replacement; improvement; authorizing profes- without competitive bidding with and sional services to design; and autho- the Center for Disease Detection, Whereas, due to frequent water rizing the purchase by one or more LLC for the purchase of lab services main and steam main breaks at that contracts of labor and materials nec- for reproductive health clinics that location, the City of Cleveland and essary to implement this ordinance, are needed under the Title X grant, Cleveland Thermal are looking to for the Department of Public Utili- for the Division of Health, Depart- coordinate their respective infra- ties. ment of Public Health, for a period structure improvement projects by Whereas, the City of Cleveland of one year. Whereas, the Ohio Department of having both mains replaced at the has a radio tower located on PPN Health will no longer cover certain same time by the same contractor; 603-10-004 (the “Tree Farm Proper- screening tests for certain patient and ty”) in the City of Brecksville; and populations that are in need of Whereas, due to the difficulty in Whereas, the City of Cleveland reproductive health services and the coordinating and performing similar wishes to tear down and remove Center for Disease Detection, LLC is work by multiple contractors in the that tower and restore the land; and the only lab service that contracts same work space, the City and Whereas, the City also wishes to with the Ohio Department of Health Cleveland Thermal agree that hav- remove an old shelter at the radio to conduct screening tests for our ing the same contractor perform all tower located within the Baldwin patients at the reproductive clinics; the work is critical thereby elimi- Water Treatment Plant property and nating coordination issues if two and an old shelter and fencing locat- Whereas, this ordinance consti- contractors were on site, realizing ed within Cleveland Hopkins Inter- tutes an emergency measure provid- shared cost savings, and resulting national Airport (“CHIA”) property; ing for the usual daily operation of in less disruption to the public dur- and a municipal department; now, there- ing the work; and Whereas, this ordinance consti- fore, Whereas, this ordinance constitutes an emergency measure provid- Be it ordained by the Council of tutes an emergency measure providing for the usual daily operation of the City of Cleveland: ing for the usual daily operation of a municipal department; now, there- Section 1. That this Council deter- a municipal department; now, therefore, mines that the within commodities fore, Be it ordained by the Council of are non-competitive and cannot be Be it ordained by the Council of the City of Cleveland: secured from any source other than the City of Cleveland: Section 1. That, under Section 167 the Center for Disease Detection, Section 1. That, notwithstanding of the Charter of the City of Cleve- LLC. Therefore the Director of Pub- any Codified Ordinance to the con- land, this Council determines to lic Health is authorized to make one trary, the Director of Public Utilities make the public improvement of or more written contracts with the is authorized to enter into one or tearing down and removing the Tree Center for Disease Detection, in the more agreements with Cleveland Farm Property radio tower in the total sum of $52,490 for the purchase of lab services for reproductive Thermal, or its contractor, to replace City of Brecksville and removing health clinics that are needed under the water main in East 6th Street associated buildings; removing an the Title X grant for a period of one between Lakeside Avenue and Rock- old shelter at the radio tower locat- year, on the basis of its quotes well Avenue. ed within the Baldwin Water Treat- which are placed in File No. 721- Section 2. That the agreement or ment Plant property; removing an 2019-A, to be purchased by the Com- agreements shall be prepared by the old shelter at the radio tower locat- missioner of Purchases and Director of Law. ed within Cleveland Hopkins Inter- Supplies, for the Division of Health, Section 3. That, upon execution of national Airport (“CHIA”) property; Department of Public Health. The the agreement authorized above, the and to restore the land at these loca- contract or contracts authorized Director of Public Utilities is autho- tions (the “Improvement”), if neces- shall be paid from Fund No. 15 SF rized to reimburse Cleveland Ther- sary for the Department of Public 069, RQS 5005, RL 2019-48. mal, or its contractor, for the Utilities, by one or more contracts Section 2. That this ordinance is replacement of a water main at East duly let to the lowest responsible declared to be an emergency mea- 6th Street between Lakeside Avenue bidder or bidders after competitive sure and, provided it receives the and Rockwell Avenue, related Divi- bidding for a gross price for the affirmative vote of two-thirds of all sion of Water costs, and other Improvement. 1292 July 31, 2019 The City Record 121

Section 2. That the Director of shall take effect and be in force Ord. No. 725-2019. Public Utilities is authorized to from and after the earliest period By Council Members Johnson, enter into one or more contracts for allowed by law. Brancatelli and Kelley (by depart- the making of the Improvement Passed July 24, 2019. mental request). with the lowest responsible bidder Effective July 26, 2019. An emergency ordinance authoriz- or bidders after competitive bidding ing the Director of Public Works to for a gross price for the Improve- enter into one or more agreements ment, provided, however, that each with West Creek Conservancy, or its separate trade and each distinct Ord. No. 724-2019. designee, regarding the Mill Creek component part of the Improvement By Council Members Keane and stream restoration project at Cleve- may be treated as a separate Kelley (by departmental request). land Enterprise Park in the Village improvement, and each, or any com- An emergency ordinance authoriz- of Highland Hills; and authorizing bination, of the trades or compo- ing the purchase by one or more the Director to execute a deed of nents may be the subject of a requirement contracts of hauling conservation easement and two separate contract for a gross price. and disposal of water treatment deeds of temporary easement grant- On request of the Director, the con- plant residuals, for the Division of ing to West Creek Conservancy, or tractor shall furnish a correct sched- Water, Department of Public Utili- its designee, certain easement rights ule of unit prices, including profit ties, for a period of two years. in property at the project location; and overhead, for all items consti- Whereas, this ordinance consti- and declaring the easement rights tuting units of the Improvement. tutes an emergency measure provid- not needed for the City’s public use. Section 3. That the Director of ing for the usual daily operation of Whereas, the West Creek Conser- Public Utilities is authorized to a municipal department; now, there- vancy (“West Creek”) was awarded employ by contract or contracts one fore, grant funds from the Ohio Environ- or more consultants or one or more Be it ordained by the Council of mental Protection Agency (“Ohio firms of consultants for the purpose the City of Cleveland: EPA”) to perform stream and flood- of supplementing the regularly Section 1. That the Director of plain restoration work on Mill employed staff of the several depart- Public Utilities is authorized to Creek; and ments of the City of Cleveland in make one or more written require- Whereas, the segment of Mill order to provide professional ser- ment contracts under the Charter Creek to be restored is within the vices necessary to design the and the Codified Ordinances of Village of Highland Hills between Improvement. Cleveland, Ohio, 1976, for the Harvard Road and Mill Creek Boule- The selection of the consultant or requirements for a period of two vard and is on property owned by consultants for the services shall be years of the necessary items of haul- the City of Cleveland; and made by the Board of Control on the ing and disposal of water treatment Whereas, this ordinance consti- nomination of the Director of Public plant residuals, in the approximate tutes an emergency measure provid- Utilities from a list of qualified con- amount as purchased during the pre- ing for the usual daily operation of sultants available for employment ceding term, to be purchased by the a municipal department; now, there- as may be determined after a full Commissioner of Purchases and Sup- fore, and complete canvass by the Direc- plies on a unit basis for the Divi- Be it ordained by the Council of tor of Public Utilities for the pur- sion of Water, Department of Public the City of Cleveland: pose of compiling a list. The Utilities. Bids shall be taken in a Section 1. That the Director of compensation to be paid for the ser- manner that permits an award to be Public Works is authorized to enter vices shall be fixed by the Board of made for all items as a single con- into one or more agreements with Control. The contract or contracts tract, or by separate contract for West Creek Conservancy, or its authorized shall be prepared by the each or any combination of the designee, regarding the Mill Creek Director of Law, approved by the items as the Board of Control deter- stream restoration project at Cleve- Director of Public Utilities, and cer- mines. Alternate bids for a period land Enterprise Park in the Village tified by the Director of Finance. less than the specified term may be of Highland Hills. Section 4. That the Director of taken if desired by the Commis- Section 2. That, notwithstanding Public Utilities is authorized to sioner of Purchases and Supplies and as an exception to the provi- apply and pay for permits, licenses, until provision is made for the sions of Chapters 181 and 183 of the or other authorizations required by requirements for the entire term. Codified Ordinances of Cleveland, any regulatory agency or public Section 2. That the costs of the Ohio, 1976, it is found and deter- authority to permit performance of mined that two temporary easement the work authorized by this ordi- contract or contracts shall be interests located near the project nance. charged against the proper appro- site are not needed for the City’s Section 5. That the Director of priation accounts and the Director public use and are further described Public Utilities is authorized to of Finance shall certify the amount as follows: make one or more written contracts of any purchase under the contract, under the Charter and the Codified each of which purchases shall be Ordinances of Cleveland, Ohio, 1976, made on order of the Commissioner LEGAL DESCRIPTIONS for labor, materials, equipment, sup- of Purchases and Supplies by a TEMPORARY CONSTRUCTION plies and services needed to imple- delivery order issued against the EASEMENTS WITHIN CITY OF ment this ordinance, to be purchased contract or contracts and certified CLEVELAND’S LAND by the Commissioner of Purchases by the Director of Finance. (RQN PP #751-01-016 and #751-01-026 and Supplies for a gross price, for 2002, RL 2019-15) HARVARD AVE. & MILCREEK the Department of Public Utilities. Section 3. That under Section BLVD. Section 6. That under Section 108(b) of the Charter, the purchases VILLAGE OF HIGHLAND HILLS 108(b) of the Charter, the purchases authorized by this ordinance may be COUNTY OF CUYAHOGA, OHIO authorized by this ordinance may be made through cooperative agree- made through cooperative arrangements with other governmental Easement No. 1 ments with other governmental agencies. The Director of Public Situated in the Village of High- agencies. The Director of Public Utilities may sign all documents land Hills, County of Cuyahoga and Utilities may sign all documents that are necessary to make the pur- State of Ohio and known as being that are necessary to make the purchases, and may enter into one or part of Parcel No. 5 in Cleveland chases, and may enter into one or more contracts with the vendors Enterprise Park Re-Subdivision of more contracts with the vendors selected through that cooperative Phase 1 of part of Original War- selected through that cooperative process. rensville Township Lots Nos. 66 and process. Section 4. That this ordinance is 76, as shown by the recorded plat in Section 7. That the cost of this declared to be an emergency mea- Volume 295 of Maps, Page 88 of ordinance and other expenditures sure and, provided it receives the Cuyahoga County Records and shall be paid from Fund No. 50 SF affirmative vote of two-thirds of all being a 1.8339 acres (79,883 sq. ft.) 002, RQS 2001, RL 2019-37. the members elected to Council, it Temporary Construction Easement Section 8. That this ordinance is shall take effect and be in force located within a 5.1572 acres declared to be an emergency mea- immediately upon its passage and (224,646 sq. ft.) of land as conveyed sure and, provided it receives the approval by the Mayor; otherwise it to the City of Cleveland, of Perma- affirmative vote of two-thirds of all shall take effect and be in force nent Parcel #751-01-016, by plat the members elected to Council, it from and after the earliest period dated November 30th, 1998 as record- shall take effect and be in force allowed by law. ed in Cleveland Enterprise Park Re- immediately upon its passage and Passed July 24, 2019. Subdivision of Phase 1 in Cuyahoga approval by the Mayor; otherwise it Effective July 26, 2019. County Map Records Volume 295, 1293 122 The City Record July 31, 2019

Pages 88, and of Cuyahoga County City of Cleveland, of Permanent Par- LEGAL DESCRIPTION Tax Map Records and further cel #751-01-026, by plat dated Novem- PERPETUAL STREAM bounded and described as follows; ber 30th, 1998 as recorded in CONSERVATION EASEMENT Beginning at the Southeast corner Cleveland Enterprise Park Re-Sub- WITHIN CITY OF CLEVELAND’S of said Permanent Parcel #751-01- division of Phase 1 in Cuyahoga LAND 016, as shown on said Cleveland County Map Records Volume 295, PP #751-01-016, #751-01-017, #751-01- Enterprise Park Re-Subdivision of Page 88, and of Cuyahoga County 018, & #751-01-026 Phase 1 as Parcel 5, along the Tax Map Records and further HARVARD AVE. & MILCREEK northerly side of Millcreek Boule- bounded and described as follows; BLVD. vard (Width Varies), and being the Beginning at the Southeast corner VILLAGE OF HIGHLAND HILLS place of beginning; of said Permanent Parcel #751-01- COUNTY OF CUYAHOGA, OHIO Thence along a curve deflecting 026, as shown on the Cleveland Situated in the Village of High- to the right, 51.87 feet, said curve Enterprise Park Re-Subdivision of land Hills, County of Cuyahoga and having a radius of 457.43 feet, a tan- Phase 1, along the northerly side of State of Ohio and known as being gent of 25.97 feet, a delta of 6°29'52" Millcreek Boulevard (Width Varies), part of Parcel No. 2, Parcel No. 4, and a chord which bears North and being the Principal Place of Parcel No. 5, & Parcel No. 8 in Cleve- 57°23'40" West, a distance of 51.85 Beginning of the Premises herein land Enterprise Park Re-Subdivision feet along the Southerly line of said intended to be described; of Phase 1 of part of Original War- Permanent Parcel #751-01-016, as rensville Township Lots Nos. 66, 67, shown on said Cleveland Enterprise COURSE I 76, and 77, as shown by the record- Park Re-Subdivision of Phase 1 as Thence along a curve deflecting ed plat in Volume 295 of Maps, Parcel 5, to a point and being the to the left, 145.64 feet, said curve Pages 88 and 89 of Cuyahoga Coun- Temporary Place of Beginning of having a radius of 839.12 feet, a tan- ty Records and being a 8.0314 acres the Premises herein intended to be gent of 73.00 feet, a delta of 9°56'41" (349,846 sq. ft.) Perpetual Stream described; and a chord which bears South Conservation Easement located 80°08'40" West, a distance of 145.46 within a combined 24.4820 acres COURSE I feet along the Northerly line of said (1,066,436 sq. ft.) of land as con- Thence along a curve deflecting Millcreek Boulevard (Width Varies), veyed to the City of Cleveland, part to the right, 193.23 feet, said curve as shown on said Cleveland Enter- of Permanent Parcel #751-01-016 having a radius of 457.43 feet, a tan- prise Park Re-Subdivision of Phase including 0.4985 acres Stream Con- gent of 98.08 feet, a delta of 1, to a point; servation Easement of the 5.1572 24°12'13" and a chord which bears acres, part of Permanent Parcel North 42°02'38" West, a distance of COURSE II #751-01-017 including 4.7957 acres 191.80 feet along the Northerly line Thence South 75°10'20" West, Stream Conservation Easement of of said Millcreek Boulevard (Width along the Northerly line of said Mill- the 8.7321 acres, part of Permanent Varies), as shown on said Cleveland creek Boulevard (Width Varies), as Parcel #751-01-018 including 1.7854 Enterprise Park Re-Subdivision of shown on said Cleveland Enterprise acres Stream Conservation Ease- Phase 1 to a point; Park Re-Subdivision of Phase 1 a ment of the 8.9524 acres, & part of distance of 79.37 feet to a point; Permanent Parcel #751-01-026 includ- COURSE II ing 0.9518 acres Stream Conserva- Thence North 15°23'30" West, COURSE III tion Easement of the 1.6403 acres, by along the Easterly line of said Mill- Thence North 14°32'00" East a dis- plat dated November 30th, 1998 as creek Boulevard (Width Varies), as tance of 196.76 feet to a point on the recorded in Cleveland Enterprise shown on said Cleveland Enterprise Southerly line of Permanent Parcel Park Re-Subdivision of Phase 1 in Park Re-Subdivision of Phase 1 a #751-01-017, as shown on said Cleve- Cuyahoga County Map Records Vol- distance of 50.43 feet to a point; land Enterprise Park Re-Subdivision ume 295, Pages 88-89, and of Cuya- of Phase 1 as Parcel 2; hoga County Tax Map Records and COURSE III further bounded and described as Thence North 23°40'52" West, COURSE IV follows; along the Easterly line of said Mill- Thence South 87°33'28" East, Beginning at the Southwest corner creek Boulevard (Width Varies), as along the Southerly line of said Per- of said Permanent Parcel #751-01- shown on the Cleveland Enterprise manent Parcel #751-01-017, as shown 017, as shown on the Cleveland Park Re-Subdivision of Phase 1 a on said Cleveland Enterprise Park Enterprise Park Re-Subdivision of distance of 223.94 feet to a point; Re-Subdivision of Phase 1 as Parcel Phase 1 as Parcel 2, along the 2, a distance of 158.98 feet to a 5/8" northerly side of Millcreek Boule- COURSE IV iron pin found capped PS#7176 vard (width varies), and being the Thence North 89°50'36" East a dis- (0.16'E/0.08'S) on the Northeast cor- Principal Place of Beginning of the Premises herein intended to be tance of 355.17 feet to a point; ner of said parcel; described; COURSE V COURSE V Thence South 4°53'00" East, a dis- COURSE I Thence South 17°15'43" West, a tance of 138.99 feet to a point also Thence along a curve deflecting distance of 415.84 feet to a point also the Principle Place of Beginning to the right, 51.87 feet, said curve the Principle Place of Beginning and containing 0.6885 acres (29,991 having a radius of 457.43 feet, a tan- and containing 1.8339 acres (79,883 sq. ft.) Temporary Construction gent of 25.97 feet, a delta of 6°29'52" sq. ft.) Temporary Construction Easement located within a 1.6403 and a chord which bears North Easement located within a 5.1572 acres (71,452 sq. ft.) of land as cal- 57°23'40" West, a distance of 51.85 acres (224,646 sq. ft.) of land as calculated and described by Donald F. feet along the Northerly line of said culated and described by Donald F. Sheehy, Registered Surveyor #7849 Millcreek Boulevard (Width Varies), Sheehy, Registered Surveyor #7849 of Chagrin Valley Engineering, Ltd., as shown on the Cleveland Enter- of Chagrin Valley Engineering, Ltd., in April, 2019, be the same more or prise Park Re-Subdivision of Phase in April, 2019, be the same more or less; 1 to a point; less; Basis of Bearing for this legal Easement No. 2 description is North 87°03'55" West COURSE II Together with a 0.6885 of an acre as the centerline of Harvard Road Thence North 17°15'43" East a dis- (29,991 sq. ft.) Temporary Construc- (width varies) as evidence by mon- tance of 508.99 feet to a point; tion Easement, described as follows; uments round and shown hereon and Situated in the Village of High- is the same as calculated and repro- COURSE III land Hills, County of Cuyahoga and duced from Ohio State Plane Coor- Thence North 6°21'40" West a dis- State of Ohio and known as being dinate System North Zone by ties to tance of 270.00 feet to a point; part of Parcel No. 8 in Cleveland the O.D.O.T. VRS Network. Enterprise Park Re-Subdivision of Section 3. That, notwithstanding COURSE IV Phase 1 of part of Original War- and as an exception to the provi- Thence along a curve deflecting rensville Township Lots Nos. 76 and sions of Chapters 181 and 183 of the to the right, 308.44 feet, said curve 77, as shown by the recorded plat in Codified Ordinances of Cleveland, having a radius of 1,869.86 feet, a Volume 295 of Maps, Page 88 of Ohio, 1976, it is found and deter- tangent of 154.57 feet, a delta of Cuyahoga County Records and mined that a permanent conserva- 9°27'04" and a chord which bears being a 0.6885 acres (29,991 sq. ft.) tion easement interest located at the North 84°27'34" East, a distance of Temporary Construction Easement project site is not needed for the 308.09 feet along the Southerly line located within a 1.6403 acres (71,452 City’s public use and is further of said Harvard Road (Width sq. ft.) of land as conveyed to the described as follows: Varies), as shown on said Cleveland 1294 July 31, 2019 The City Record 123

Enterprise Park Re-Subdivision of COURSE X Section 7. That the duration of the Phase 1 to a 5/8" iron pin found Thence along a curve deflecting permanent conservation easement capped PS#7176 (0.01'W/0.10'S); to the right, 153.03 feet, said curve shall be perpetual; that the duration having a radius of 457.49 feet, a tan- of the temporary easements shall be COURSE V gent of 77.24 feet, a delta of until the Mill Creek improvement Thence South 89°20'41" East, 19°09'57" and a chord which bears project is completed; that the per- along the Southerly line of said Har- North 70°13'17" West, a distance of manent conservation easement and vard Road (Width Varies), as 152.32 feet along the Southerly line temporary easements shall include shown on said Cleveland Enterprise of said Permanent Parcel #751-01- reasonable right of entry rights to Park Re-Subdivision of Phase 1 a 017, as shown on said Cleveland the City; that the permanent con- distance of 113.60 feet to a 5/8" iron Enterprise Park Re-Subdivision of servation easement and temporary pin found capped PS#7176 Phase 1 to a point also the Princi- easements shall not be assignable (0.08'W/0.11'S) at the Northeasterly ple Place of Beginning and contain- without the consent of the Director corner of Permanent Parcel #751-01- ing 8.0314 of an acre (349,846 sq. ft.) of Public Works; that the permanent 017; Perpetual Stream Conservation conservation easement and tempo- Easement of land as calculated and rary easements shall require that COURSE VI described by Donald F. Sheehy, Reg- West Creek or its contractor provide Thence South 87°23'01" East, istered Surveyor #7849 of Chagrin reasonable insurance, and pay any along the Southerly line of said Har- Valley Engineering, Ltd., in April, applicable taxes and assessments. vard Road (Width Varies), as 2019, be the same more or less; Section 8. That the conveyances shown on said Cleveland Enterprise Basis of Bearing for this legal referred to above shall be made by official deed of conservation ease- Park Re-Subdivision of Phase 1, a description is North 87°03'55" West ment and official deeds of tempo- distance of 73.75 feet to a point; as the centerline of Harvard Road rary easement prepared by the (width varies) as evidence by mon- Director of Law and executed by the COURSE VII uments round and shown hereon and Director of Public Works on behalf Thence South 14°32'00" West a is the same as calculated and repro- of the City of Cleveland. The deed distance of 876.34 feet to a point on duced from Ohio State Plane Coor- of conservation easement and the the Northerly line of Millcreek dinate System North Zone by ties to deeds of temporary easement shall Boulevard (Width Varies); the O.D.O.T. VRS Network. contain any additional terms and Section 4. That by and at the conditions as are required to protect COURSE VIII direction of the Board of Control, the interest of the City. The Direc- Thence South 75°10'20" West, along the Commissioner of Purchases and tors of Public Works and Law are the Northerly line of said Millcreek Supplies is authorized to convey the authorized to execute any other doc- Boulevard (Width Varies), as shown above-described non-exclusive per- uments, including without limita- on said Cleveland Enterprise Park Re- manent conservation easement inter- tion, contracts for right of entry, as Subdivision of Phase 1, a distance of est and the two exclusive temporary may be necessary to effect this ordi- 10.40 feet to a point; easement interests to West Creek at nance. a price of $1.00 and other valuable Section 9. That this ordinance is COURSE IX consideration which is determined declared to be an emergency mea- Thence along a curve deflecting to be fair market value. sure and, provided it receives the to the right, 199.81 feet, said curve Section 5. That the purpose of the affirmative vote of two-thirds of all having a radius of 457.50 feet, a tan- permanent conservation easement the members elected to Council, it gent of 101.52 feet, a delta of shall be to restrict development of shall take effect and be in force 25°01'25" and a chord which bears the land and for West Creek’s main- immediately upon its passage and South 87°41'03" West, a distance of tenance of the site in perpetuity. approval by the Mayor; otherwise it 198.23 feet along the Northerly line Section 6. That the purpose of the shall take effect and be in force of said Millcreek Boulevard (Width temporary easements shall be for from and after the earliest period Varies), as shown on said Cleveland access to the construction site, con- allowed by law. Enterprise Park Re-Subdivision of struction staging, and related con- Passed July 24, 2019. Phase 1, to a point; struction activities. Effective July 26, 2019.

Ord. No. 726-2019. By Council Members Johnson and Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, 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 the Director of Public Works is authorized to make one or more written standard purchase and written requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, the period of requirements to be determined by the Director, for the necessary items required for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary 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 $6,556,000, 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:

2019 Enterprise Capital Vehicle Plan Description of Equipment

Item Item Division Quantity Estimated Extended Number Description Cost Estimated Cost

1 Air Compressor Water 6 $38,000 $228,000 2 Edge Sealer Machine Water 1 $56,000 $56,000 3 Fork Lift –Propane Water 1 $40,000 $40,000 4 Wheel Loader Water 1 $180,000 $180,000 5 Sedan Water 1 $27,500 $27,500 1295 124 The City Record July 31, 2019

6 SUV Water 8 $36,000 $288,000 7 Cargo Van-150 Water 13 $37,500 $487,500 8 Large USV type A Water 4 $165,000 $660,000 9 Large USV type B Water 2 $240,000 $480,000 10 Mini Van Transit Water 4 $42,000 $168,000 11 Pickup Truck Water 13 $42,000 $546,000 12 Tandem Axle Dump Water 2 $250,000 $500,000 13 Valve Turner Truck Water 3 $67,333 $202,000

WATER TOTAL $3,863,000

14 Crew Truck WPC 2 $165,000 $330,000 15 Sewer Cleaning Equip WPC 1 $450,000 $450,000 16 Backhoe w/Trailer WPC 1 $275,000 $275,000 17 Wheel Loader WPC 1 $180,000 $180,000

WPC TOTAL $1,235,000

18 Support Vehicles CPP 6 $33,000 $198,000 19 Pickup Truck F250 CPP 2 $40,000 $80,000 20 Dump Truck HD CPP 1 $90,000 $90,000 21 Bucket Truck 60’ Knuckle CPP 1 $300,000 $300,000 22 Bucket Truck 47’ Knuckle CPP 1 $156,000 $156,000 23 Stake Body Truck CPP 1 $50,000 $50,000 24 Mini Excavator CPP 1 $115,000 $115,000 25 Trailer CPP 1 $19,000 $19,000

CPP TOTAL $1,008,000

26 SUV Ports 1 $32,000 $32,000 27 SUV-Full Size Ports 1 $40,000 $40,000 28 Tractor Ports 2 $89,500 $179,000 29 Tractor Attachment Ports 2 $20,000 $40,000 30 Crack Sealer Ports 2 $54,500 $109,000 31 Pickup 4X4 Ports 1 $50,000 $50,000

Ports Total $450,000

Grand Total $6,556,000

Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Sup- plies until provision is made for the requirements for the entire term. Section 2. That the Director is authorized to accept funds from the Northeast Ohio Regional Sewer District for the Community Cost share Program to pay for the costs of the Water Pollution Control vehicles eligible under the program for reimbursement; and that the funds are appropriated for this purpose. 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 4. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. Section 5. That the cost of the standard contracts authorized shall be paid from Fund Nos. 52 SF 001, 54 SF 001, 54 SF 275, 58 SF 001, 60 SF 104, and any funds approved by the Director of Finance. (RQS 7015, RL 2019- 53) Section 6. 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 July 24, 2019. Effective August 23, 2019.

Ord. No. 727-2019. By Council Members Johnson and Kelley (by departmental request). An emergency ordinance authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the Direc- tor of Public Works. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, 1296 July 31, 2019 The City Record 125

Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Works is authorized to make one or more written standard purchase contracts and requirement contracts under the Charter and the Codified Ordinances of Cleveland, Ohio, 1976, the period of requirements to be determined by the Director, for the necessary items required for the purchase, lease, or lease with option to purchase, of various on-road vehicles and off-road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary 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 $9,222,500, 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:

2019 Capital Vehicle Plan Description of Equipment

Item Division Quantity Estimated Cost Extended Description Estimated Cost Public Works TRUCKS HEAVY(B)-Rear Loader w/Cart Tipper Waste Collection 10 $200,000.00 $2,000,000.00 Light Duty Truck-Pickup Waste Collection 4 $35,000.00 $140,000.00 ______Waste Collection Total $2,140,000 Light Truck (B) MVM 1 $65,000.00 $65,000.00 ______MVM Total $65,000 Loader Streets 1 $240,000.00 $240,000.00 ______Streets Total $240,000 Passenger Van Recreation 1 $35,000.00 $35,000.00 ______Recreation Total $35,000 Park Truck-Heavy-Rear-Loader Maintenance 1 $200,000.00 200,000.00 Park Chipper Maintenance 1 $65,000.00 $65,000.00 Park Light Truck Maintenance 2 $35,000.00 $70,000.00 ______Park Maintenance Total $335,000 Light Truck ITS 2 $40,000.00 $80,000.00 ______ITS Total $80,000 ______Public Works Total $2,895,000

Public Safety Animal Light Truck w/Animal Transport Module Control 2 $65,000.00 $130,000.00 ______Animal Control Total $130,000 Light Truck Safety IT 1 $35,000.00 $35,000.00 ______Safety IT Total $35,000.00 Passenger Car Marked w/Police pkg Police 20 $46,000.00 $920,000.00 Passenger Car Unmarked w/Police pkg Police 10 $25,000.00 $250,000.00 SUV - Marked w/Police pkg Police 25 $52,100.00 $1,302,500.00 SUV-Full Size w/Police pkg Police 2 $60,000.00 $120,000.00 ______Police Total $2,592,500 Ambulance EMS 2 $280,000.00 $560,000.00 Light Truck-SUV EMS 1 $60,000.00 $60,000.00 ______EMS Total $620,000 Aerial Platform Fire 1 $1,300,000.00 $1,300,000.00 Pumper Fire 3 $550,000.00 $1,650,000.00 ______Fire Total $2,950,000 ______Public Safety Total $6,327,500 ______Total $9,222,500.00

Section 2. 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 3. That the costs of the requirement contract or contracts shall be charged against the proper appropriation accounts and the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases and Supplies by a delivery order issued against the contract or contracts and certified by the Director of Finance. Section 4. That the cost of the standard contracts authorized shall be paid from Fund Nos. 01-0117-6950, and any other funds approved by the Director of Finance. (RQS 7015, RL 2019-52) Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed July 24, 2019. Effective July 26, 2019.

Ord. No. 728-2019. Section 5. That the lease may pro- Company to design the improve- By Council Member Kelley (by vide for the City’s payment of ment; authorizing the Commissioner departmental request). appropriate utility and other operat- of Purchases and Supplies to sell An emergency ordinance authorizing costs of the leased premises. City-owned property no longer need- ing the Director of Finance, on Section 6. That the lease shall be ed for public use located northwest behalf of the Cleveland Municipal prepared by the Director of Law. of West 73rd Street and Father Fras- Court, to lease property at 1449 West Section 7. That the Director of cati Drive to Battery Park Develop- 117th Street from Montlack Realty, Finance, on behalf of the Cleveland ment LLC for future redevelopment; Co., or its designees, for the purpose Municipal Court, and the Director of authorizing the Commissioner of of providing office space for the Law, and other appropriate City offi- Purchases and Supplies to acquire Adult Probation Department of the cials, are authorized to execute for right-of-way purposes real prop- Cleveland Municipal Court, for a other documents and certificates, erty; authorizing the Director to term of one year, with one option to and take other actions necessary or apply for and accept gifts and renew, exercisable by the Director appropriate to effect the lease grants from any public or private of Finance, on behalf of the Cleve- authorized by this ordinance. entity, to accept cash contributions, land Municipal Court. Section 8. That the costs of the and to enter into any agreements to Whereas, the City of Cleveland lease shall be paid from Fund Nos. implement t the improvement. requires certain property located at 10 SF 085 and 10 SF 175, RQS 0115, Section 1. That, under Section 167 1449 West 117th Street for the pub- RQS 0115, RL 2019-65. of the Charter and the City of Cleve- lic purpose of providing office space Section 9. That this ordinance is land, this Council determines to for the Adult Probation Department declared to be an emergency mea- make the public improvement of of the Cleveland Municipal Court to sure and, provided it receives the reconstructing West 73rd Street from furnish probationary services to the affirmative vote of two-thirds of all Detroit Avenue to Father Frascati neighborhood; and the members elected to Council, it Drive and Battery Park Avenue from Whereas, Montlack Realty, Co., or shall take effect and be in force West 73rd Street to West 70th Street, its designees, has proposed to lease immediately upon its passage and including streetscape improvements the property to the City of Cleve- on West 70th Street (the “Improve- land; and approval by the Mayor; otherwise it shall take effect and be in force ment”), for the Department of Capi- Whereas, this ordinance consti- tal Projects, by one or more contracts from and after the earliest period tutes an emergency measure provid- duly let to the lowest responsible bid- allowed by law. ing for the usual daily operation of der or bidders after competitive bid- Passed July 24, 2019. a municipal department; now, there- ding on a unit basis for the Effective July 26, 2019. fore, Improvement. Be it ordained by the Council of Section 2. That the existing title the City of Cleveland: and Section 1 of Ordinance No. 999- Section 1. That notwithstanding 14, passed August 20, 2014, are and as an exception to the provi- Ord. No. 746-2019. repealed. sions of Chapters 181 and 183 of the By Council Member Zone. Section 3. That Ordinance No. 999- Codified Ordinances of Cleveland, An emergency ordinance to amend 14, passed August 20, 2014, is sup- Ohio, 1976, the Director of Finance, the title and Section 1 of Ordinance plemented by adding new Sections on behalf of the Cleveland Munici- No. 999-14, passed August 20, 2014; 4a., 4b., 4c., and 4d., to read as fol- pal Court, beginning June 1, 2019, is and to supplement the ordinance by lows: authorized to lease from Montlack adding new Sections 4a., 4b., 4c., and Section 4a. That notwithstanding Realty, Co., or its designees, certain 4d., to add the sale of property, and as an exception to the provi- property more fully described as fol- relating to the public improvement sions of Chapter 181 and 183 of the lows: Building 1, Space A, at 1449 of reconstructing West 73rd Street. Codified Ordinances of Cleveland, West 117th Street, consisting of Whereas, this ordinance consti- Ohio, 1976, it is found and deter- approximately 4,251 square feet, for tutes an emergency measure provid- office space for the Adult Probation mined that the following described ing for the usual daily operation of property is no longer needed for the Department of the Cleveland Munic- a municipal department; now, there- ipal Court. City’s public use: fore, Section 2. That the term of the Be it ordained by the Council of lease authorized shall be for a term LEGAL DESCRIPTION OF A the City of Cleveland: of one year, with one option to 0.0654 ACRE renew, exercisable by the Director Section 1. That the title and Sec- RESIDUAL PARCEL ALONG of Finance, on behalf of the Cleve- tion 1 of Ordinance No. 999-14, WEST 73RD STREET land Municipal Court. passed August 20, 2014, are amend- TO BE SOLD BY THE Section 3. That the rent for the ed to read as follows: CITY OF CLEVELAND lease authorized shall be $64,656.00, An Emergency Ordinance deter- TO BATTERY PARK payable in equal monthly install- mining the method of making the DEVELOPMENT LLC ments. public improvement of reconstruct- Situated in the City of Cleveland, Section 4. That the lease may ing West 73rd Street and extending County of Cuyahoga and State of authorize the City to make Battery Park Avenue between West Ohio, and known as being part of improvements to the leased premises 73rd Street and West 70th Street, Original Brooklyn Township Lot under terms to be determined by the including streetscape improvements Numbers 30 and 31 and further parties consistent with the public on West 70th Street; authorizing the bounded and described as follows: purpose of providing office space for Director of Capital Projects to enter Beginning at an iron pin monu- the Adult Probation Department of the into one or more public improvement ment marking the centerline inter- Cleveland Municipal Court to furnish contracts for the making of the section of Father Frascati Avenue probationary services to the improvement; authorizing one or (variable width) and West 73rd neighborhood. more contracts with C.W. Courtney Street (50 feet wide); 1298 July 31, 2019 The City Record 127

Thence N 00°33'18" E, along said Ord. No. 747-2019. to lead screening and testing, treat- centerline of West 73rd Street, a dis- By Council Members Griffin, Kel- ment, intervention, education and tance of 30.11 feet to its point of ley, McCormack and Mayor Jackson. outreach; and intersection with the extension of An emergency ordinance to repeal Whereas, this ordinance consti- the northerly line of said Father various sections of Chapters 365 and tutes an emergency measure provid- Frascati Avenue; 240 of the Codified Ordinances of ing for the immediate preservation Thence S 89°58'42" W, along said Cleveland Ohio, 1976 as amended by of the public peace, property, health, extension of the northerly line of various ordinances and to supple- or safety in that definitive actions Father Frascati Avenue, a distance ment the Codified Ordinances by must continue to address this seri- of 25.00 feet to its point of intersec- enacting new Sections 365.01 ous public health threat to children tion with the westerly line of said through 365.10, 240.01, 240.08, and in this City; now, therefore, West 73rd Street, said point being 240.09, and by amending Sections Be it ordained by the Council of the principal point of beginning of 240.03, 240.05, 240.06, 240.07, 367.12, the City of Cleveland: the premises herein intended to be 367.99, 371.01, 375.08, and 3107.06, as Section 1. That the following sec- described; amended by various ordinances, tions of the Codified Ordinances of related to rental registration, cer- Cleveland, Ohio, 1976: Course No. 1: tain residential rental units required Sections 365.01, 365.02, 365.03, Thence continuing S 89°58'42" W, to be certified lead-safe, lead haz- 365.04, 365.05, 365.06, and 365.07 as along the said northerly line of ards and lead poisoning prevention. amended by Ordinance No.281-17, Father Frascati Avenue a distance Whereas, this Council finds that passed May 22, 2017, of 23.00 feet to a point; lead poisoning is a serious threat to Section 240.01, as amended by the health of children and, although Ordinance No. 1233-15 passed Novem- Course No. 2: lead-based paint was banned in the ber 9, 2015 Thence N 00°33'18" E, parallel United States in 1978, lead-based Section 240.08, as amended by with the said westerly line of West paint is still the number one source Ordinance No. 736-06, passed August 73rd Street, a distance of 9l.52 feet of lead exposure in the country; and 9, 2006 to a point; Whereas, the majority of residen- and tial structures in the City were orig- Section 240.09, as amended by Course No. 3: inally constructed prior to January Ordinance No. 1027-04, passed Thence N 20°02'31"E, a distance 1, 1978 and are, therefore, more like- August 11, 2004 of 68.94 feet to a point on the west- ly to have lead-based paint hazards; are repealed. erly line of West 73rd Street vacat- and Section 2. That the Codified Ordi- ed by City of Cleveland Ordinance Whereas, children living in resi- nances are supplemented by enact- 706-15, passed July 22, 2015; dential rental units built before 1978 ing new Sections 365.01, 365.02, are disproportionately at risk for 365.03, 365.04, 365.05, 365.06, 365.07, Course No. 4: unsafe levels of lead exposure from 365.08, 365.09, 365.10, 240.01, 240.08, Thence S 00°33'18"W along said lead-based paint hazards; and and 240.09, to read as follows: westerly line of West 73rd Street, a Whereas, exposure to lead is most distance of 156.28 feet to the princi- dangerous to children under 6 years Chapter 365 – Rental Registration pal point of beginning and contain- of age due to their still developing and Lead-Safe Certification ing 0.0654 acre of land as described neurological systems; and by John E. Jansky, Registered Sur- Whereas, in Cleveland, dangerous Section 365.01. Definitions veyor Number 6640 of The C. W. levels of lead in a child’s blood is For purposes of this chapter: Courtney Company, in June 2014, be mostly due to exposure to lead (a) “Clearance examination” the same or less, but subjected to through deteriorating paint condi- means an examination, performed all legal highways. tions and from soil; and by a clearance technician, lead Bearings used herein are based on Whereas, this Council finds that, inspector, or lead risk assessor, to assumed meridian and are used to although there is no safe level of determine whether lead hazards in indicate angles only. lead in the human body, current fed- a residential unit have been suffi- Section 4b. That by and at the eral guidelines consider 5 or more ciently controlled. A clearance direction of the Board of Control, micrograms per deciliter of lead in examination includes a visual the Commissioner of Purchases and a child’s blood to be dangerous and assessment, collection and analysis Supplies is authorized to sell the raises concerns of lead poisoning; of environmental samples. above-described property to Battery and (b) “Clearance technician” means Park Development LLC (the “Rede- Whereas, in 2018, more than 1,230 a person, other than a licensed lead veloper”) at a price not less than the Cleveland children under 6 years of inspector or lead risk assessor, who appraised value of $86,655, which is age that were tested were shown to is licensed under RC Chapter 3742 to determined to be fair market value. have 5 or more micrograms per perform a clearance examination. Section 4c. That the conveyance deciliter of lead in their blood; and (c) “Lead-safe certification” shall be made by official deed pre- Whereas, further, this Council means that the owner of a residen- pared by the Director of Law and finds that lead can accumulate in executed by the Mayor on behalf of the brain, kidneys, blood and bones tial rental unit built before January the City of Cleveland. The deed and can cause learning disabilities, 1, 1978 has provided to the Director shall contain necessary provisions, language delays, hearing problems a clearance examination report or including restrictive reversionary and behavioral problems; and lead risk assessment that indicates interests as may be specified by the Whereas, one goal of Cleveland’s that lead hazards are not identified Board of Control or Director of Law, Healthy Homes Initiative is to in the unit. A lead-safe certification which shall protect the City’s inter- reduce and prevent lead poisoning; is valid for two (2) years from the ests and shall specifically contain a and date of the certification. provision against the erection of Whereas, this Council believes (d) “Director” means the Director any advertising signs or billboards that requiring all residential rental of Building and Housing. except permitted identification units constructed before January 1, (e) “Lead-based paint” means any signs. 1978 to have lead-safe certification paint or other similar surface-coat- Section 4d. That the Director of will help to decrease the incidences ing substance containing lead at or Capital Projects is authorized to of lead poisoning in the City’s chil- in excess of the level that is haz- execute any documents as may be dren; and ardous to human health as set forth necessary to effectuate the purposes Whereas, on May 1, 2019, the Pol- in Rule 3701-32-19 of the Ohio Admin- of this ordinance. icy Committee of the Lead Safe istrative Code (OAC) as it may be Section 4. That this ordinance is Cleveland Coalition submitted 33 hereafter amended. declared to be an emergency mea- policy recommendations to this (f) “Lead hazard” means material sure and, provided it receives the Council for consideration, which pol- that is likely to cause lead exposure affirmative vote of two-thirds of all icy recommendations have been duly and endanger an individual’s health the members elected to Council, it considered and are placed in File as set forth in OAC Rule 3701-32-19. shall take effect and be in force No. 747-2019-A; and Lead hazard includes lead-based immediately upon its passage and Whereas, this Council recognizes paint, lead-contaminated dust, lead- approval by the Mayor; otherwise it that these policy recommendations contaminated soil and lead-contami- shall take effect and be in force aim to enhance and improve lead nated water pipes. from and after the earliest period safe efforts of the City and the (g) “Lead inspector” means any allowed by law. Coalition through implementation of individual licensed under RC Chap- Passed July 24, 2019. a lead safe certification program, ter 3742 who conducts a lead inspec- Effective July 26, 2019. and further suggest improvements tion, provides professional advice 1299 128 The City Record July 31, 2019 regarding a lead inspection, or pre- email addresses of the current statu- 369 and 371. If the Director revokes pares a report explaining the results tory agent and all corporate officers a certificate of rental registration, of a lead inspection. of the corporation. The address for the owner may appeal the Director’s (h) “Lead risk assessment” means corporations and partnerships shall action to the Board of Zoning an on-site investigation to determine be the principal place of business Appeals, in writing within ten (10) and report the existence, nature, and the address for persons shall be days from the date of the Director’s severity, and location of lead haz- the home address; action. The Board may sustain, dis- ards in a residential unit including (3) If the owner of a rental unit approve or modify the Director’s information gathering from the unit, resides or is located outside of Cuya- action, and the Board’s decision current owner’s knowledge regard- hoga County, the name, current shall be final. ing the age and painting history of address, telephone number, and (e) Notice of Change in Owner’s the unit, and occupancy by children email address of an agent designat- Information. An owner of a residen- under six (6) years of age, visual ed by the owner, who is a natural tial rental unit shall give notifica- inspection, limited wipe sampling or person and who resides within Cuya- tion of a change in the name, other environmental sampling tech- hoga County, and who is authorized address, telephone number, and/or niques, and any other activity as by the owner to receive service of a email address of a corporation, part- may be appropriate. Notice of Violation on the owner’s nership or person listed on a cer- (i) “Lead risk assessor” means a behalf. An agent designated under tificate of rental registration under person licensed under RC Chapter this section shall be of sound mind division (c)(2) through (c)(6) of 3742 who is responsible for develop- and at least eighteen (18) years of this section to the Director within ing a written inspection, risk assess- age. It is the owner’s obligation to seven (7) days after the change ment and analysis plan; conducting notify the Director in writing, of occurs. If the owner fails to give inspections for lead hazards in a any change in the name, address, written notification as required in residential unit; interpreting results telephone number, and/or email this section, the Director may of inspections or risk assessments; address of any agent designated. revoke the certificate of rental reg- identifying hazard control strategies (c) Issuance of Certificate of istration until the owner provides in to reduce or eliminate lead expo- Rental Registration. Upon registra- writing the changed name, address, sures; and completing a risk assess- tion, the Director shall issue a cer- telephone number, and/or email ment report. tificate of rental registration which address. (j) “Owner” means the person, shall indicate: In addition to revocation of the partnership or corporation that (1) The street address or other certificate of rental registration, holds title to the residential rental identifying characteristics of the whoever violates this division (e) unit. building or other structure; shall be fined not more than two (k) “Permanent” means an expect- (2) The name, address, telephone hundred dollars ($200.00). Each ed design life of at least twenty number and email address of the three (3) month period during which (20) years. owner or owners of the premises. In the violation continues is a separate (l) “Residential rental unit” the case of a partnership, the names offense. means any part of a building being of all general partners; used, designed or intended to be (3) If the record owner is a cor- Section 365.03. Rental Registration used as an individual’s private resi- poration, the names, addresses, tele- Fee dence, including a unit occupied by phone numbers and email addresses (a) An application for a certifi- one (1) or more persons regardless of the current statutory agent and cate of rental registration shall be of whether the occupant pays rent all corporate officers of that corpo- accompanied by a nonrefundable or provides anything else of value ration; rental registration fee of seventy to the titled owner in consideration (4) The name, address, telephone dollars ($70.00) for each residential for occupying the structure. A resi- number and email address of the rental unit. dential rental unit does not include managing agent of the premises, if (b) No fee shall be charged for a a unit occupied by the titled owner. any; unit occupied by the owner or for a (5) The name, address (including unit for which the owner does not Section 365.02. Residential Rental the dwelling unit, apartment or receive rent or anything else of Unit Registration Required; Appli- room number), telephone number value. The Director shall establish cation for and Issuance of Certifi- and email address of the superin- guidelines for fee exemptions. tendent, custodian, or other individ- (c) No fees shall be collected from cate of Rental Registration; ual employed by the owner or any one (1) owner for all units Revocation managing agent to provide regular owned by that owner within the (a) Rental Unit Registration maintenance services, if any; City in excess of thirty thousand Required. An owner of a residential (6) The name, address, telephone dollars ($30,000.00) per calendar rental unit or units located in the number and email address of an year. City shall register each unit with individual representative of the (d) A certificate may be renewed the Department of Building and owner or managing agent who may prior to expiration upon application Housing in a rental registry which be reached or contacted at any time and payment of the fee described is established by the Director. in the event of an emergency affect- above. A certificate that has expired (b) Application Information. ing the premises of any rental unit may be renewed upon payment of Application for a certificate of in that structure, including such the above registration fee plus a rental registration required by this emergencies as the failure of a util- late fee of one hundred dollars Housing Code shall be made annu- ity system or service, and who has ($100.00). ally, on or before March 1st on the authority to make emergency forms supplied by the Director. decisions concerning the building Section 365.04. Lead-Safe Certifica- Information to be supplied on an including its repairs or expendi- tion Required for Residential Rental application shall include, but is not tures; Units Built Before January 1, 1978 limited to, the following: (7) The use and occupancy autho- (a) Presumption and Policy. Any (1) The name, address, telephone rized and the use district, ward, and residential rental unit originally number and email address of the census tract in which the structure constructed prior to January 1, 1978 owner or owners of the premises. If is located; and is presumed to have lead-based a partnership, the names, addresses, (8) The lead-safe certification sta- paint. It is the policy of the City to telephone numbers and email tus, if applicable. help prevent the poisoning of chil- addresses of all general partners. If (d) Revocation of Certificate of dren by requiring that the presence a corporation, the names, addresses, Rental Registration. The Director of deteriorated lead-based paint on telephone numbers and email may revoke a certificate of rental the interior and exterior of residen- addresses of the current statutory registration if the applicant makes tial rental structures built before agent and all corporate officers of any false statement in connection January 1, 1978 be identified and be the corporation. The address for cor- with the registration, or if the struc- correctly addressed by reducing and porations and partnerships shall be ture that was covered by it is no controlling lead-based paint hazards the principal place of business and longer in compliance with the which may be present, in order to the address for persons shall be the requirements of this Code, or if the prevent human exposure to these home address; owner, agent, or person in charge of hazards. Therefore, it is the further (2) The name, address, telephone a structure refuses to comply with policy of the City to require all res- number and email address of the any provision of this Code required idential rental units in the City con- managing agent of the premises, if for the use, maintenance and/or structed prior to January 1, 1978 to any. If a partnership, the names, occupancy of a structure, including have lead-safe certification no later addresses, telephone numbers and this chapter and Chapters 240, 367, than March 1, 2023. 1300 July 31, 2019 The City Record 129

(b) Lead-Safe Certification. Begin- (2) part of a company or associ- (b) The responsibilities of the ning March 1, 2021, all residential ated with a company that is direct- Lead-Safe Advisory Board shall be rental units constructed before Jan- ly or beneficially owned, controlled as follows: to provide recommenda- uary 1, 1978 shall have lead-safe cer- or managed by the owner, or by an tions for improvements to the City’s tification from the Director immediate family member, agent or lead-safe policies and procedures; to according to a quarterly schedule employee of the owner; report, on a quarterly basis, established by the Director, but in (3) a person hired by or under progress and status of the City’s no case later than March 1, 2023. contract with the owner to manage Lead-Safe Certification requirement A lead-safe certification is valid or maintain the owner’s residential and other lead poisoning prevention for two (2) years from the date of rental unit or units as directed by related efforts to the Council, the issuance. No earlier than thirty (30) the owner; Directors of Building and Housing, days prior to expiration, an owner (4) a person who has been autho- Public Health and Community shall re-apply for a lead-safe certi- rized by the owner to manage or Development, and the Lead Safe fication by providing the necessary maintain the owner’s residential Cleveland Coalition or similar orga- documentation as set forth in this rental unit or units on the owner’s nization; to cause an appropriate section. behalf; or outside entity or entities to produce (1) To obtain a lead-safe certifi- (5) a person who has a financial impact analyses of the Lead Safe cation, an owner of a residential interest in the laboratory results of Certification program; to review rental unit constructed prior to Jan- dust sampling or testing, or in the such impact analyses and report uary 1, 1978 shall provide to the determination of whether lead haz- same to the Council, the Directors of Director a copy of a clearance exam- ards are identified in the owner’s Building and Housing, Public ination report or lead risk assess- residential rental unit or units. Health and Community Develop- ment, completed pursuant to For purposes of this division ment, and the Lead Safe Cleveland applicable Ohio laws and rules, “immediate family member” means a Coalition or similar organization. within ninety (90) days prior to the spouse residing in the owner’s date of submission evidencing that household and any dependent child. Section 365.08. Records Kept by lead hazards were not identified in Department the unit. Section 365.05. Internal Review Copies of all applications, certifi- (2) For a structure constructed The Director, through a designat- cates of rental registration and doc- prior to January 1, 1978 that con- ed Lead-Safe Auditor, shall monitor uments submitted for lead-safe tains five (5) or more residential the City lead-safe certification certification are a public record and rental units to obtain a lead-safe process to ensure efficiency and shall be kept on file by the Direc- effectiveness. The Lead-Safe Auditor certification, an owner shall provide tor as required by applicable law. shall perform such other tasks as to the Director a copy of a report, required by the Director, including completed pursuant to applicable Section 365.09. Inspections; Right maintaining a list of certified law within ninety (90) days prior to of Entry inspectors and contractors and coor- the date of submission, that lead (a) All residential rental units dinating regular monitoring and hazards were not identified in the shall be subject to inspection for the reporting with the Lead-Safe Advi- purpose of determining compliance minimum number of units tested rel- sory Board and other appropriate ative to the total number of units in entities. with the provisions of this Housing the structure, according to Federal Code, Chapter 240, and all other HUD Guidelines, 2012 edition, as Section 365.06. Impact of Lead-Safe applicable laws, ordinances, rules may be amended from time to time. Certification Requirement; Review and regulations. Inspections shall be (c) Exemption. To be exempt from Within one (1) year after imple- conducted in accordance with the the lead-safe certification require- mentation and yearly thereafter, the residential rental unit inspection ment set forth in this section, the City shall review the impacts of the schedule established by the Director, owner of a residential rental unit lead-safe certification requirement or as may be necessary in the Direc- originally constructed prior to Jan- to determine if tenants have been tor’s discretion pursuant to specific uary 1, 1978 shall submit a copy of unduly displaced and to identify any complaint received under this Code. a comprehensive lead risk assess- other negative unintended conse- (b) The Director and the Direc- ment and paint inspection report, quences that may have occurred due tor’s duly authorized agents or issued by a lead risk assessor veri- to implementation of the lead-safe inspectors may enter at reasonable fying that the unit has been abated certification requirement. If nega- times any residential rental unit of lead hazards in accordance with tive impacts are occurring or have registered under this Chapter in 40 CFR 745.227 and applicable state occurred, the City will re-evaluate accordance with the right of entry law. The report shall have been the program and work toward elim- defined in Chapter 367. completed within twenty (20) years inating any negative impacts. prior to the date of submission to Section 365.10. Severability the Director. Section 365.07. Lead-Safe Advisory If any section, subsection, sen- (d) An owner of a residential Board; Responsibilities tence, clause, phrase, or other por- rental unit is not required to obtain (a) There is hereby established a tion of this chapter, or its a lead-safe certification so long as Lead-Safe Advisory Board to consist application to any person, is, for any the unit is unoccupied and the of seven (7) members: six (6) mem- reason, declared invalid, in whole or owner does not receive rent or any- bers appointed by the Mayor with in part by any court or agency of thing else of value for the unit. The approval of Council and one (1) competent jurisdiction, said decision owner shall file an affidavit, in the member appointed by Council who shall not affect the validity of the form prescribed by the Director, that shall be a member of Council. Of the remaining portions of this chapter. the unit is unoccupied and that the members, at least two (2) shall be owner does not receive rent or any- representatives from the Lead Safe Section 240.01. Definitions thing else of value for the unit, Cleveland Coalition or similar orga- As used in this chapter: which affidavit shall be filed annu- nization, at least one (1) shall be a (a) “Clearance examination” ally so long as the unit remains current owner of residential rental means an examination, performed unoccupied and the owner does not property located in the City, one (1) by a clearance technician, lead receive rent or anything else of shall be the Lead-Safe Auditor, and inspector, or lead risk assessor, to value for the unit. one (1) shall be a current member determine whether lead hazards in (e) Affirmative Defense. It is an of the Cleveland Area Board of a residential unit, child day-care affirmative defense to a charge for Realtors or similar organization of facility, or school have been suffi- a violation of this section that the realtors. Of the original appoint- ciently controlled. A clearance rental unit is unoccupied and the ments, three (3) shall be appointed examination includes a visual owner of the rental unit does not for terms of two (2) years and four assessment, collection and analysis receive rent or anything else of (4) shall be appointed for terms of of environmental samples. value for the unit. three (3) years. Thereafter, the (b) “Clearance technician” means (f) Conflict of Interest. Any clear- terms shall be four (4) years. None a person, other than a licensed lead ance technician, lead risk assessor of the members shall be current inspector or lead risk assessor, who or lead inspector who performs a employees of the City. The Lead- is licensed under RC Chapter 3742 to clearance examination or lead risk Safe Advisory Board shall meet as perform a clearance examination. assessment for purposes of this sec- often as a majority of its members (c) “Commissioner” means the tion shall not be: deems necessary, but at least quar- Commissioner of the Division of the (1) the owner or an immediate terly in each calendar year. The Environment of the Department of family member, agent or employee Board shall establish its own rules Public Health unless otherwise spec- of the owner; and regulations. ified. 1301 130 The City Record July 31, 2019

(d) “Department” means the (j) “Lead hazard control” means (b) In addition to any penalty for Department of Public Health unless measures taken to reduce or elimi- a violation of this chapter, the Com- otherwise specified. nate a lead hazard, which includes, missioner or Director or a designee (e) “Interim controls” means a set but is not limited to, lead abate- may use any and all remedies in of measures designed to temporari- ment, interim controls, or both, as this Health Code, including Chapter ly reduce human exposure or likely appropriate. 203, to prevent, terminate or abate exposure to lead-based paint haz- (k) “Permanent” means an expect- the nuisance, or to otherwise take ards, including specialized cleaning, ed design life of at least twenty action to control the nuisance, the repairs, maintenance, painting, tem- (20) years. costs and expense of which may be porary containment, ongoing lead (l) “Rental agreement” has the recovered as provided in RC 715.261, hazard maintenance activities, and same meaning described in division including certifying the costs and the establishment and operation of (c) of Section 375.01 of the Codified expense to the County Auditor, to be management and resident education Ordinances. placed on the property as a lien to programs. (m) “Target housing” means any be collected as other taxes and (f) “Landlord” has the same mean- housing constructed prior to 1978, returned to the City. ing as in division (b) of Section except housing for the elderly or (c) In addition to any penalty for 375.01. persons with disabilities (unless a violation of this chapter, the Com- (g) “Lead Abatement” means a any one or more children age six (6) missioner or Director of Building measure or a set of measures, years or under resides or is expect- and Housing or a designee may con- designed for the single purpose of ed to reside in such housing) or any trol such nuisance. The costs and permanently eliminating lead haz- zero (0) bedroom dwelling. expense of controlling a nuisance by ards. “Lead abatement” includes all (n) “Tenant” has the meaning the Commissioner or designee under of the following: described in division (e) of Section this chapter, may be recovered as (1) Removal of lead-based paint 375.01 of the Codified Ordinances. provided in RC 715.261, including and lead- contaminated dust; (o) “Zero (0) bedroom dwelling” certifying the costs and expense to (2) Permanent enclosure or encap- means any residential dwelling in the County Auditor, to be placed on sulation of lead-based paint; which the living areas are not sep- the property as a lien to be collect- (3) Replacement of surfaces or arated from the sleeping area. The ed as other taxes and returned to fixtures painted with lead-based term includes efficiencies, studio the City. paint; apartments, dormitory or single (d) The authority described in (4) Removal or permanent cover- room occupancy housing, military division (c) to control such nuisance ing of lead- contaminated soil; includes the authority to order the (5) Preparation, cleanup, and dis- barracks, and rentals of individual rooms in residential dwellings. owner or manager to relocate the posal activities associated with lead occupants of a residential unit, day- abatement. care facility, or school, until the “Lead abatement” does not include Section 240.08. Notice Requirements (a) For any lead abatement, inter- property passes a clearance exami- any of the following: nation, if the Commissioner deter- (1) Residential rental unit lead- im controls, lead-safe maintenance practices or lead-safe renovation mines that the health of the safe maintenance practices per- occupants may be at risk during the formed pursuant to RC 3742.41 and work in a residential unit, child day- care facility or school, the owner lead hazard control work. The Com- 3742.42; missioner may relocate the occu- shall provide seven (7) days (2) Implementation of interim con- pants until the residential unit, trols; advance written notice to all occu- child day-care facility, or school (3) Activities performed by a pants of residential structures, or all passes a clearance examination. The property owner on a residential unit parents. students, teachers, and staff costs and expense of the relocation to which both of the following of child day-care facilities or schools may be recovered by certifying apply: from which lead-based paint is to be those costs to the County Auditor, to A. It is a freestanding single-fam- removed, and to all occupants of res- be placed on the property as a lien ily home used as the property idential structures which are within owner’s private residence; to be collected as other taxes and thirty (30) feet of the residential returned to the City. B. No child under six (6) years of structure, child day-care facility or age who has lead poisoning resides (e) In the event of an actual or school from which the lead-based threatened violation of this chapter, in the unit. paint is to be removed. The notice (4) Renovation, remodeling, land- or in an emergency situation, the shall be as prescribed by the Com- Director of Law, in addition to other scaping or other activities, when the missioner and shall include, at a activities are not designed to per- remedies provided by law, may insti- minimum, the address at which the tute a proper suit in equity or at manently eliminate lead-based paint lead-based paint will be removed, hazards, but, instead, are designed law to prevent, terminate or other- the date of commencement of the to repair, restore, or remodel a given wise remedy the violation. lead-based paint removal, the antic- structure or dwelling, even though (f) In addition to all other penal- ipated length of time to complete these activities may incidentally ties and remedies provided by law, the removal, and the method by result in a reduction or elimination any person damaged by a nuisance of lead-based paint hazards. Abate- which the lead-based paint will be caused by a violation of this chap- ment does not include operations removed. The notice shall include a ter may institute a proper action in and maintenance activities or other copy of an EPA-approved lead haz- equity or at law to prevent, termi- measures and activities designed to ard information pamphlet. nate or otherwise remedy the viola- temporarily, but not permanently, (b) The notice required under this tion. reduce lead-based paint hazards. section does not relieve any person (g) The City has enacted and This definition shall not be inter- from compliance with any other enforces the provisions of this chap- preted to exempt any person from notice requirements under state or ter only to promote the public any requirement under State or fed- federal law, including when notice health, safety and general welfare, eral law regarding lead abatement, is required by a hazard control and for obligations imposed on it by including lead hazard control orders order. the State of Ohio under delegation or requirements for full abatement by the Ohio Department of Health. of lead-based paint in certain feder- Section 240.09. Enforcement The City does not assume, nor does ally-funded projects. (a) Whenever the Commissioner it impose on its officers and employ- (h) “Lead-based paint” means any or Director of Building and Housing ees, an obligation the breach of paint or other similar surface-coat- (Director) or a designee determines which causes it to be liable in ing substance containing lead at or upon information, or by observation money damages to any person who in excess of the level that is haz- or inspection, that any provision of claims that such breach proximate- ardous to human health as set forth this chapter is being or has been ly caused injury. In addition, noth- in Rule 3701-32-19 of the Ohio Admin- violated, the official may issue a ing in this chapter may be istrative Code (OAC) as it may be notice of violation to the owner, interpreted to limit the City’s statu- hereafter amended. manager, or person in charge to cor- tory immunity under RC Chapter (i) “Lead hazard” means material rect the violation. If the violation 2744. that is likely to cause lead exposure constitutes a nuisance that, in the Section 3. That the Codified Ordi- and endanger an individual’s health determination of the Commissioner, nances of the City of Cleveland, as set forth in OAC Rule 3701-32-19. Director or designee, may endanger Ohio, 1976 are supplemented by Lead hazard includes lead-based the health or safety of any person, amending Sections 240.03, 240.05, paint, lead-contaminated dust, lead- the notice of violation shall order 240.07, 371.01 and 375.08, as amended contaminated soil and lead-contami- the immediate abatement of the nui- by Ordinance No. 1027-04, passed nated water pipes. sance. August 11, 2004, Section 240.06 as 1302 July 31, 2019 The City Record 131 amended by Ordinance No. 736-06, the owner, lessor, or agent of the (iii) whether the property or unit is passed August 9, 2006, Section 367.12, target housing meets all applicable under a lead hazard control order; as amended by Ordinance No. 1864- requirements of Section 240.06 C. Disclose to the tenant a copy of 01, passed October 20, 2003, Section regarding disclosures of lead haz- the most recent clearance examina- 367.99 as amended by Ordinance No. ards. tion or lead risk assessment and, if 281-17, passed May 22, 2017, and Sec- (f) No person renovating target applicable, the lead-safe certification 3107.06, as amended by Ordi- housing in the City shall fail to com- tion; nance No. 377-03, passed May 19, ply with Section 240.07. D. Provide to the purchaser or ten- 2003, to read, respectively, as fol- (g) No owner or manager of a ant any records or reports (includ- lows: retail or wholesale outlet of paint ing notices or letters of violation) and paint-removal products shall available pertaining to lead-based Section 240.03. Prohibitions violate division (b) of Section 240.07 paint or lead-based paint hazards in (a) No person shall do any of the by failing to provide an EPA- the target housing, including following: approved lead hazard information regarding common areas, and (1) Violate any provision of RC pamphlet. regarding other residential Chapter 3742, as may be applicable, (h) All power-assisted methods of dwellings in multi-family target or the rules adopted pursuant to it; lead-based paint removal are hereby housing, provided that the informa- (2) Apply or cause to be applied prohibited, unless the standards and tion is part of an evaluation or any lead-based paint on or inside a methods set forth in Chapters 3701- reduction of lead-based paint and/or residential unit, child day-care facil- 30 or 3701-32 OAC as applicable, are lead-based paint hazards in the tar- ity, or school, unless the Ohio direc- followed. Open flame burning is pro- get housing; tor of health has determined by rule hibited under any circumstances. E. Permit the purchaser a ten (10) under RC 3742.45 that no suitable day period (unless the parties mutu- substitute exists; Section 240.05. Lead Abatement ally agree in writing to a different (3) Interfere with an investiga- and Lead Hazard Control period of time or to waive this tion conducted in accordance with (a) The Commissioner is autho- requirement) to conduct a lead risk this chapter or RC 3742.35 or by the rized to establish a program for assessment or lead inspection for Commissioner or the Commissioner’s loaning equipment, at no cost, for the presence of lead-based paint designee, any lead inspector or risk the removal or control of lead haz- and/or lead-based paint hazards; assessor. ards in the City and is authorized F. Include in the sale or rental (b) No person shall knowingly to enter into contracts, as approved agreement the Lead Warning State- authorize or employ an individual to by the Director of Law, for the pur- ment prescribed in 40 C.F.R. 745.113; pose of loaning the equipment. perform lead abatement on a resi- G. Include in the sale or rental (b) The commissioners and dential unit, child day-care facility, agreement acknowledgments that inspectors of the Division of Envi- or school unless the individual who the pamphlet, disclosures, ten (10) ronment and Department of Build- will perform the lead abatement day period (if required) and warning and Housing are authorized to holds a valid license issued under ing required were provided. RC 3742.05. issue a stop work or cease and desist order to any person perform- (2) Discovery of Lead Hazards or (c) No person shall do any of the Presumed Lead Hazards. If the following when a residential unit, ing work in violation of RC Chap- ter 3742 or this chapter. owner of a residential unit learns of child day-care facility, or school is (d) No person shall fail to imme- the presence of lead-based paint involved: diately stop lead abatement or con- and/or lead-based paint hazards the (1) Perform a lead inspection trol activities when ordered to do so owner shall notify each tenant of without a valid lead inspector under division (c) of this section. No the presence of lead-based paint license issued under RC 3742.05; person shall resume lead abatement and/or lead-based paint hazards (2) Perform a lead risk assess- or control activities except in con- within ten (10) days of discovering ment or provide professional advice formance with all applicable stan- its presence. In addition, the owner regarding lead abatement without a dards and methods prescribed in RC shall notify prospective tenants of valid lead risk assessor license Chapter 3742. presumed lead-based paint and shall issued under RC 3742.05; provide each tenant with a Lead (3) Act as a lead abatement con- Section 240.06. Disclosures In Sale Warning Statement and the lead tractor without a valid lead abate- or Lease of Target Housing Regard- hazard information pamphlet, as ment contractor’s license issued ing Lead Hazards prescribed by 42 U.S.C. 4852d. under RC 3742.05; (a) Disclosure in Purchase or (3) Compliance Assurance. When- (4) Act as a lead abatement pro- Lease of Target Housing. ever a seller or lessor has entered ject designer without a valid lead (1) A seller or lessor of target into a contract with an agent for the abatement project designer license housing must disclose information purpose of selling or leasing a unit issued under RC 3742.05; concerning lead upon the transfer of of target housing, the agent, on (5) Perform lead abatement with- any target housing pursuant to the behalf of the seller or lessor, shall out a valid lead abatement worker Residential Lead-Based Paint Haz- license issued under RC 3742.05; ensure compliance with the require- ard Reduction Act of 1992, 42 U.S.C. ments of this section and 40 CFR (6) Perform a clearance examina- 4852d, and shall adhere to all rules 745 Subpart F. An agent means any tion without a valid clearance tech- and regulations promulgated under party who enters into a contract nician license issued under RC the Act, as may be amended from with a seller or lessor, including 3742.05, unless the person holds a time to time. Before a purchaser or valid lead inspector license or valid tenant is obligated under a contract any party who enters into a contract lead risk assessor license issued to purchase target housing or a with a representative of the seller under that section; rental agreement to lease target or lessor, for the purpose of selling (7) Perform lead training for the housing, the seller or lessor shall or leasing target housing. The term licensing purposes of RC Chapter perform the activities and provide “agent” does not apply to purchasers 3742 without a valid approval from the disclosures described in this sec- or any purchaser’s representative the director of health under RC tion: who receives all compensation from 3742.08. A. Provide the purchaser or tenant the purchaser. (8) Perform interim controls with- with an EPA-approved lead hazard (b) Penalties for Violations. out complying with 24 C.F.R. Part information pamphlet; (1) Criminal Penalty. Any person 35. B. Disclose to the purchaser in who knowingly fails to comply with (9) Perform lead-safe maintenance writing in the sales contract, or to any provision of this section shall practices without complying with the tenant, in writing in the rental be subject to the penalties provided RC 3742.41 and 3742.42. agreement: (i) the presence of any in Section 240.99. (d) No person shall manufacture, known lead-based paint, or any (2) The Director of Public Health sell or hold for sale toys and other known lead-based paint hazards, in or Commissioner is authorized to articles intended for use by children the housing; (ii) any additional take lawful action as may be nec- as defined in 16 CFR 1303.2, or fur- information available concerning essary to enforce this section or to niture as defined in 16 CFR 1303.2, the known lead-based paint and/or enjoin any violation of it. that bears paint containing lead in lead-based paint hazards, such as (3) Civil Liability. Any person excess of 0.009 percent by weight of the basis for the determination that who violates any provision of this the total nonvolatile content of the lead-based paint and/or lead-based section will be jointly and severally paint or the weight of the dried paint hazards exist, the location of liable to the purchaser or lessee in paint film. the lead-based paint and/or lead- an amount equal to one (1) month’s (e) No person shall sell or lease based paint hazards, and the condi- rent or one (1) month’s mortgage target housing in the City unless tion of the painted surfaces; and payment. 1303 132 The City Record July 31, 2019

(4) In any action brought for dam- (b) An application to provide the means of enforcement provided for ages under this section, the appro- statement required by this section in these Codified Ordinances by priate court may award court costs shall be accompanied by a fee of statute, Sections 392.02, 392.03, 392.04, to the party commencing the action, forty dollars ($40.00). 392.05 or 392.06 may be enforced by together with reasonable attorney (c) No person, agent, firm or cor- the issuance of a citation in com- fees and any expert witness fees, if poration shall enter into a contract pliance with Rule 4.1 of the Rules that party prevails. for the sale of a one (1), two (2), of Criminal Procedure, provided that (5) A non-profit environmental three (3) or four (4) unit dwelling the offense is a minor misdemeanor. health or housing rights organiza- building or structure, as defined in (f) Whoever violates Section tion is authorized to bring an action Section 363.04, without furnishing to 369.08 as a second offense of that under division (b)(3) of this section the purchaser a Certificate of Dis- section shall be guilty of a misde- on behalf of an aggrieved individ- closure addressing the condition of meanor of the fourth degree. Who- ual or individual(s) for violations of the property, including its current ever violates Section 369.08 as a this section. Such organization may lead status, which Certificate shall third or subsequent offense of that recover its costs under the remedies be in a form prescribed by the Direc- section shall be guilty of a misde- provided in divisions (b)(3) and tor of Building and Housing. No real meanor of the first degree. (b)(4) of this section if the organi- estate agent, escrow agent or seller (g) A court of competent jurisdic- zation demonstrates that it has shall sell or transfer a one (1), two tion may require whoever is con- exerted organizational resources, (2), three (3) or four (4) unit victed of or pleads guilty to a including staff time, to investigate dwelling building or structure with- violation of this Housing Code to the alleged non-compliance with this out furnishing to the purchaser pay to the Department of Building section. information required by the Certifi- and Housing fees for inspections of (c) Validity of contracts and liens. cate of Disclosure described above. violations that have not been reme- Nothing in this section may affect If the purchaser does not receive died, which fees are described in the validity or enforceability of any any portion of the Certificate of Dis- Sections 367.08 and 3105.26, and the sale or contract for the purchase closure to be completed by the City expenses or costs incurred under the and sale or lease of any interest in prior to sale, the purchaser may provisions for demolition or board- residential real property or any rescind the purchase contract for ing contained in the Housing Code. loan, loan agreement, mortgage, or the sale of the property prior to the lien made or arising in connection sale of the property. Section 371.01. Restrictions on with a mortgage loan, nor may any- (d) A request for a Certificate of Leasing for Residential Occupancy thing in this section create a defect Disclosure shall be accompanied by An owner, operator or agent shall in title. a nonrefundable fee of sixty dollars not rent, lease or offer for rental or ($60.00). lease for residential occupancy any Section 240.07. Residential Proper- dwelling units, dwelling structures ty Renovation; Paint Outlet Infor- Section 367.99. Penalty or any part of a dwelling unit or mation Rule (a) Whoever violates any provi- dwelling structure that does not (a) All renovations, repair and sion of this Housing Code for which comply with the standards for resi- painting performed for compensa- no other penalty is provided or any dential occupancy in Chapter 240 of tion in target housing shall be per- rule or regulation promulgated the Health Code, including the formed in compliance with 40 C.F.R. thereunder or fails to comply with requirements in Section 240.06 Part 745, Subpart E, Residential this housing code or with any order regarding disclosures in the lease of Property Renovation, as may be issued shall be guilty of a misde- target housing regarding lead haz- amended from time to time. Any per- meanor of the first degree. Each day ards, Section 240.07 regarding resi- son performing renovations, repair of a continuing violation shall be dential property renovation, and and painting shall provide to occu- deemed a separate offense. Section 240.08 regarding notice pants of the residential property a Whoever causes or permits the renovation-specific pamphlet as continuation of any violation of this requirements and Chapters 365, 369, required under 40 CFR 745.81. Housing Code or any rule or regu- and 371 of the Housing Code. (b) All retail and wholesale out- lation promulgated hereunder or lets of paint and paint removal prod- fails to comply with this Housing Section 375.08. Retaliation of Land- ucts shall distribute an EPA- Code or with any written notice or lord Prohibited; Relief approved lead hazard information written order issued hereunder, sub- (a) Subject to division (d) of this pamphlet to each purchaser of paint sequent to conviction therefor shall section, a landlord may not retaliate and paint removal products. be liable for further prosecution, against a tenant by increasing the conviction and punishment upon the tenant’s rent, decreasing services Section 367.12. Statement of Autho- same order or notice without the that are due to the tenant, bringing rized Use of Dwelling Building or necessity of issuing a new order or or threatening to bring an action for Structure and Notice of Violation; notice, until full compliance has possession of the tenant’s premises, Fee been had on such order or notice terminating or threatening to termi- (a) No person, agent, firm or cor- upon which the original conviction nate the tenant’s rental agreement, poration shall sell, by land contract was made. or refusing to renew the tenant’s or otherwise, any interest in any (b) Whoever violates Section rental agreement or to continue the dwelling building or structure, as 367.11 shall be guilty of a misde- tenant’s tenancy because: defined in Section 363.04 of five (5) meanor of the third degree. (1) The tenant has complained to or more units, without furnishing (c) Whoever violates Section an appropriate governmental agency the buyer, prior to the sale, (i) a 367.12 or 367.13 shall be guilty of a of a violation of a building, housing, current certificate of occupancy or a misdemeanor of the first degree. health, or safety code that is applic- statement from the Department of (d) Whoever violates Section able to the premises, and the viola- Building and Housing describing 371.01 shall be guilty of a misde- tion materially affects health and the authorized use of the dwelling meanor of the first degree. Each day safety; under the ordinances of the City, of a continuing violation shall be (2) The tenant has complained to and describing its current lead sta- deemed a separate offense. the landlord of any violation of RC tus, (ii) a copy of any outstanding (e) Whoever violates Sections 5321.04; notice or order from the City, includ- 365.02, 365.04, 369.13, 369.14, 369.15, (3) The tenant has joined with ing any notice of violation or out- 369.16, 369.17, 369.18, 369.19, 371.05, other tenants for the purpose of standing notice of the City’s 371.07, 371.10 or 371.13, or Section negotiating or dealing collectively intention to demolish or effectively 369.08, as a first offense shall be with the landlord on any of the board, and (iii) when an escrow has guilty of a minor misdemeanor. In terms and conditions of a rental been established, depositing in addition to any other method of agreement; escrow prior to delivery of posses- enforcement provided for in this (4) The tenant has complained to sion or transfer of title a statement chapter, the above listed minor mis- an appropriate governmental agency from the buyer acknowledging the demeanors may be enforced by the of a violation of Chapter 240 that is receipt of these documents. Howev- issuance of a citation in compliance applicable to the premises or the er, a statement signed by both the with Rule 4.1 of the Ohio Rules of tenant (or an organization on the seller and the buyer stating that the Criminal Procedure. tenant’s behalf) has taken action property being transferred does not Whoever violates Sections 392.02, under division (b)(3) of Section contain a dwelling building or struc- 392.021, 392.03, 392.04, or 392.05 is 240.06. ture may be deposited in escrow subject to the penalty established in (b) If a landlord acts in violation instead of the documents regarding Section 392.99 of these Codified Ordi- of division (a) of this section, the use required above. nances. In addition to any other tenant may: 1304 July 31, 2019 The City Record 133

(1) Use the retaliatory action of certified renovator or dust sampling certification requirement, including, the landlord as a defense to an technician accredited by the EPA but not limited to, staffing levels, action by the landlord to recover under 40 CFR 745.225. technology upgrades and lead-safe possession of the premises; (c) Applications for Certificates of certification schedule. (2) Recover possession of the Registration, Limited Certificates of Section 9. That this ordinance is premises; or Registration or Certificates of Qual- declared to be an emergency mea- (3) Terminate the rental agree- ification shall be sworn to by the sure and, provided it receives the ment. applicant before a notary public. affirmative vote of two-thirds of all In addition, the tenant may recov- Section 4. That Sections 240.03, the members elected to Council, it er from the landlord, at the tenant’s 240.05, 240.07, 371.01 and 375.08, as shall take effect and be in force option, either any actual damages, amended by Ordinance No. 1027-04, immediately upon its passage and together with reasonable attorneys’ passed August 11, 2004, Section approval by the Mayor; otherwise it fees, or damages of not less than 240.06 as amended by Ordinance No. shall take effect and be in force fifty dollars ($50.00) nor more than 736-06, passed August 9, 2006, Section from and after the earliest period five hundred dollars ($500.00), 367.12, as amended by Ordinance No. allowed by law. 1864-01, passed October 20, 2003, Sec- together with reasonable attorneys’ Passed July 24, 2019. tion 367.99 as amended by Ordinance fees. Effective July 26, 2019. No. 281-17, passed May 22, 2017, and (c) Nothing in division (a) of this Section 3107.06, as amended by Ordi- section shall prohibit a landlord nance No.377-03, passed May 19, 2003, from increasing the rent to reflect are repealed. Ord. No. 749-2019. the cost of improvements installed Section 5. Any projects and pro- by the landlord in or about the By Council Members Keane and grams funded by the City that serve Kelley (by departmental request). premises or to reflect an increase in children from birth to six (6) years An emergency ordinance authoriz- other costs of operation of the of age, and/or pregnant women, ing the Director of Public Utilities premises. shall provide lead screening ques- to enter into one or more contracts (d) Notwithstanding divisions (a) tionnaires, offer referrals for lead with Landmark Lakeshore, LLC, or and (b) of this section, a landlord testing and provide lead poisoning its designee, to accept the sanitary may bring an action under RC Chap- prevention educational materials. flow from the Shoreline Apartments ter 1923 for possession of the premis- Section 6. There shall be estab- on North Marginal Road into the es if: lished a Lead Screening and Testing City’s 8” Force Main on East 55th (1) The tenant is in default in the Commission which shall consist of Street, and to charge a connection payment of rent; nine (9) members who represent, fee and fees for future maintenance (2) The violation of the applica- including but not limited to, health on the Force Main; and to enter into ble building, housing, health, or care institutions and health care similar agreements with the owners safety code that the tenant com- providers, entities providing Medic- of properties adjoining the Land- plained of was primarily caused by aid services, city and county health mark Lakeshore, LLC property; and any act or lack of reasonable care departments, public and private to create a fund for connection and by the tenant or by any other per- school systems, entities providing maintenance fees. son in the tenant’s household, or by early childhood education and ser- anyone on the premises with the Whereas, this ordinance consti- vices, and the Lead Safe Cleveland tutes an emergency measure provid- consent of the tenant; Coalition or similar organization. (3) Compliance with the applica- ing for the usual daily operation of The Lead Screening and Testing a municipal department; now, there- ble building, housing, health, or Commission shall adopt its own safety code would require alteration, fore, rules and order of business and Be it ordained by the Council of remodeling, or demolition of the shall meet as often as a majority of premises which would effectively the City of Cleveland: its members deems necessary, but at Section 1. That the Director of deprive the tenant of the use of the least every six (6) months. dwelling unit. This division does not Public Utilities is authorized to The responsibilities of the Lead enter into one or more contracts apply where a landlord is required Screening and Testing Commission with Landmark Lakeshore, LLC, to reduce and control lead hazards shall include: establishing best prac- owner of Permanent Parcel No. 105- on residential rental property pur- tices for efficient and effective coor- 01-006, or its designee, (“Landmark”) suant to Chapters 240, 365 or 371. dination of screening and testing to accept the sanitary flow from (e) The maintenance of an action services for families that are at-risk The Shoreline Apartments located at by the landlord under division (d) or that have been exposed to lead 5455 North Marginal Road west of of this section does not prevent the hazards; partnering with the East 55th Street. The agreement tenant from recovering damages for Healthy Homes Advisory Council or shall contain the provisions that any violation by the landlord of the other similar entity to implement Landmark will pay a one-time fee to rental agreement or of RC 5321.04. screening and testing recommenda- the Division of Water Pollution Con- tions; and coordinating and sharing trol of $5,000 to connect to a 8” City- Section 3107.06 Applications lead screening and testing data owned force main on East 55th (a) The applications for a Cer- among appropriate entities. Street. Annually, Landmark will tificate of Registration, Limited Cer- Section 7. There shall be estab- deposit $2,000 into a fund to be used tificate of Registration or a lished a Lead Safe Housing Action to pay for part of the cost of main- Certificate of Qualification shall be Board for the purpose of supporting taining and repairing the 8” City- in the form prescribed by the Direc- families who must relocate as a owned force main. tor, may require documentation result of a lead hazard control order, Section 2. That the Director of determined by the Director to be lead safe maintenance or lead poi- Public Utilities is authorized to sufficient to show that the applicant soning. The Lead Safe Housing accept funds under this ordinance meets the requirements for issuance Action Board shall consist of repre- for the purposes stated herein which of the relevant Certificate, and shall sentatives from non-profit entities shall be deposited into a fund cre- be available in the office of the funded by the City that provide ated and approved by the Director Director. housing in the City. The Lead Safe of Finance. (b) Every application shall state Housing Action Board shall adopt Section 3. That the Director of the name of the person, firm or cor- its own rules and order of business Public Utilities is authorized to poration applying for registration, and shall meet as often as a major- enter into any further agreements limited registration or certification ity of its members deems necessary, necessary to effectuate the purposes and the name and address of the but at least every six (6) months. of this ordinance, including ease- place of business or places of busi- Responsibilities of the Lead Safe ment agreements. ness of the applicant. If the appli- Housing Action Board shall include: Section 4. That the Director of cant is a firm, co-partnership, maintaining a list of housing units Public Utilities is authorized at his corporation, association or any com- available for families forced to relo- discretion to enter into agreements bination, the application shall con- cate and providing help with prob- with the owner or owners of prop- tain the names and addresses of all lems that arise as a result of forced erties adjoining the property at Per- members or officers, together with a relocation. manent Parcel No. 105-01-006, upon certified copy of the corporation Section 8. That on or about March terms and conditions he deems minutes or other certified evidence 1, 2021, the Director of Building and appropriate, with connections fees that the application has been duly Housing will appear before the and maintenance fees to be deposit- authorized. Every application shall Council to provide a status on man- ed in the same fund as identified in inquire whether the contractor is a aging and operating the lead-safe Section 2 of this ordinance. 1305 134 The City Record July 31, 2019

Section 5. That all agreements agreement. The cost of all services Be it ordained by the Council of authorized herein shall be prepared under the agreement shall be paid the City of Cleveland: by the Director of Law and shall for from fund 11-006 and/or 21-006. Section 1. That the Director of the contain terms and conditions that Section 2. That this ordinance is Department of Public Works is protect the City’s interest. hereby declared to be an emergency hereby authorized to enter into Section 6. That this ordinance is measure and, provided it receives agreement effective July 1, 2019 declared to be an emergency mea- the affirmative vote of two-thirds of with Brick City Productions or with sure and, provided it receives the all the members elected to Council, its fiscal agent the Mt. Pleasant affirmative vote of two-thirds of all it shall take effect and be in force NOW Development Corporation for the members elected to Council, it immediately upon its passage and the Grandparents Education & shall take effect and be in force approval by the Mayor; otherwise it Resources Family Day for the pub- immediately upon its passage and shall take effect and be in force lic purpose of providing education- approval by the Mayor; otherwise it from and after the earliest period al programming and social support shall take effect and be in force allowed by law. resources to grandparent house- from and after the earliest period Passed July 24, 2019. holds that have the responsibility of allowed by law. Effective July 26, 2019. raising grandchildren in the city of Passed July 24, 2019. Cleveland through the use of Wards Effective July 26, 2019. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. Ord. No. 822-2019. Section 2. That the cost of said By Council Member Kelley. contract shall be in an amount not Ord. No. 820-2019. An emergency ordinance authoriz- to exceed $18,750 and shall be paid By Council Member Kelley. ing the Clerk of Council to enter from Fund No. 10 SF 188. An emergency ordinance authoriz- into an agreement with Saint Mar- Section 3. That the Director of ing the Clerk of Council to enter tin De Porres High School Work Law shall prepare and approve said into a First Amendment to the Study Program to participate as a contract and that the contract shall Agreement with Guy Gadomski, sponsor of students for work/study contain such terms and provisions CPA, City Contract No. PS 2019*27 to positions with Cleveland City Coun- as he deems necessary to protect the extend to term of the agreement cil. City’s interest. with Cleveland City Council. Whereas, this ordinance consti- Section 4. That this ordinance is Whereas, this ordinance constitutes an emergency measure provid- hereby declared to be an emergency tutes an emergency measure providing for the usual daily operation of measure and, provided it receives ing for the usual daily operation of a municipal department; now, there- the affirmative vote of two-thirds of a municipal department; now, therefore, all the members elected to Council, fore, Be it ordained by the Council of it shall take effect and be in force Be it ordained by the Council of the City of Cleveland: immediately upon its passage and the City of Cleveland: Section 1. That the Clerk of Coun- approval by the Mayor; otherwise it Section 1. That the Clerk of Coun- cil is authorized to enter into an shall take effect and be in force cil is authorized to enter into a First agreement with Saint Martin De from and after the earliest period Amendment to the Agreement with Porres High School Work Study Pro- allowed by law. Guy Gadomski, CPA, City Contract gram to participate as a sponsor of Passed July 24, 2019. No. PS 2019*27 to extend to term of students for work/study positions Effective July 26, 2019. the Agreement. The term of the with Cleveland City Council. This First Amendment shall begin July 1, agreement shall be entered into as 2019 and shall conclude February 29, of August 1, 2019 and shall termi- 2020. nate July 31, 2020. Cleveland City Ord. No. 824-2019. Section 2. That this ordinance is Council shall provide sponsorship By Council Members J. Jones, hereby declared to be an emergency for up to four students at a time measure and, provided it receives Bishop, Johnson, Cleveland and Grif- the affirmative vote of two-thirds of during the term. The agreement fin. all the members elected to Council, shall be certified for $36,600.00 and An emergency ordinance authoriz- it shall take effect and be in force shall be certified from fund number ing the Director of the Department immediately upon its passage and 01, subfund 001, department 0101, of Community Development to enter approval by the Mayor; otherwise it object 6320. into an agreement with Mt. Pleasant shall take effect and be in force Section 2. That this ordinance is NOW Development Corporation for from and after the earliest period hereby declared to be an emergency the Family Unity in the Park Com- allowed by law. measure and, provided it receives munity Health Expo and Education Passed July 24, 2019. the affirmative vote of two-thirds of Fair through the use of Wards 1, 2, Effective July 26, 2019. all the members elected to Council, 4, 5 and 6 Casino Revenue Funds. it shall take effect and be in force Whereas, this ordinance consti- immediately upon its passage and tutes an emergency measure provid- approval by the Mayor; otherwise it ing for the usual daily operation of Ord. No. 821-2019. shall take effect and be in force a municipal department; now, there- By Council Member Kelley. from and after the earliest period fore, An emergency ordinance authoriz- allowed by law. Be it ordained by the Council of ing the Clerk of Council to enter Passed July 24, 2019. the City of Cleveland: into a First Amendment to Agree- Effective July 26, 2019. Section 1. That the Director of the ment with On Technology Partners, Department of Community Develop- City Contract No. PS 2019*26, to cer- ment is authorized to enter into an tify additional to money for the con- agreement effective June 1, 2019 tinuation of services under the Ord. No. 823-2019. with the Mt. Pleasant NOW Devel- agreement. By Council Members J. Jones, opment Corporation for the Family Whereas, this ordinance consti- Bishop, Mccormack, Johnson, Cleve- Unity in the Park Community tutes an emergency measure provid- land, Griffin, B. Jones, Polensek, Health Expo and Education Fair the ing for the usual daily operation of Conwell, Hairston, Brady, Santana, public purpose of providing health a municipal department; now, there- Zone, and Kazy. education, health screenings and lit- fore, An emergency ordinance authoriz- eracy activities to city of Cleveland Be it ordained by the Council of ing the Director of the Department residents through the use of Wards the City of Cleveland: of Public Works to enter into agree- 1, 2, 4, 5, and 6 Casino Revenue Section 1. That the Clerk of Coun- ment with Brick City Productions or Funds. cil (“Clerk”) is authorized to enter with its fiscal agent Mt. Pleasant Section 2. That the cost of said into a First Amendment to Agree- NOW Development Corporation for contract shall be in an amount not ment with On Technology Partners, the Grandparents Education & to exceed $25,000 and shall be paid City Contract No. PS 2019*26, to add Resources Fair Family Day through from Fund No. 10 SF 188. $191,000 to the agreement for the the use of Wards 1, 2, 3, 4, 5, 6, 7, Section 3. That the Director of continuation of the professional ser- 8, 9, 10, 11, 14, 15, and 16 Casino Rev- Law shall prepare and approve said vices necessary to advise and assist enue Funds. contract and that the contract shall in the maintenance and performance Whereas, this ordinance consti- contain such terms and provisions of computer technology projects and tutes an emergency measure provid- as he deems necessary to protect the to provide specific computer tech- ing for the usual daily operation of City’s interest. nology services to assist with spe- a municipal department; now, there- Section 4. That this ordinance is cific projects as set forth in the fore, hereby declared to be an emergency 1306 July 31, 2019 The City Record 135 measure and, provided it receives Section 2. That the cost of said Whereas, this ordinance consti- the affirmative vote of two-thirds of contract shall be in an amount not tutes an emergency measure provid- all the members elected to Council, to exceed $12,000 and shall be paid ing for the usual daily operation of it shall take effect and be in force from Fund No. 10 SF 188. a municipal department; now, there- immediately upon its passage and Section 3. That the Director of fore, approval by the Mayor; otherwise it Law shall prepare and approve said Be it ordained by the Council of shall take effect and be in force contract and that the contract shall the City of Cleveland: from and after the earliest period contain such terms and provisions Section 1. That the Director of the allowed by law. as he deems necessary to protect the Department of Community Develop- Passed July 24, 2019. City’s interest. ment is hereby authorized to enter Effective July 26, 2019. Section 4. That this ordinance is into agreement effective July 1, 2019 hereby declared to be an emergency with the Greater Collinwood Devel- measure and, provided it receives opment Corporation for the the affirmative vote of two-thirds of Collinwood Observer Project for the Ord. No. 825-2019. all the members elected to Council, public purpose of providing a com- By Council Members Johnson, B. it shall take effect and be in force munity newspaper promoting com- Jones, Polensek, Conwell and Hair- immediately upon its passage and munity, residential and economic ston. approval by the Mayor; otherwise it opportunities to residents in Cleve- An emergency ordinance amend- shall take effect and be in force land’s Collinwood neighborhood ing Section 2 of Ordinance No. 1411- from and after the earliest period through the use of Ward 8 Casino 18, passed November 19, 2018 as it allowed by law. Revenue Funds. pertains to authorizing the Director Passed July 24, 2019. Section 2. That the cost of said of the Department of Community Effective July 26, 2019. contract shall be in an amount not Development to enter into agree- to exceed $15,000 and shall be paid ment with Famicos Foundation for from Fund No. 10 SF 188. the Holiday Food Gift Card Program Section 3. That the Director of through the use of Wards 4, 7, 8, 9 Ord. No. 827-2019. Law shall prepare and approve said and 10 Casino Revenue Funds. By Council Member Griffin. contract and that the contract shall Whereas, this ordinance consti- An emergency ordinance authoriz- contain such terms and provisions tutes an emergency measure providing the Director of the Department as he deems necessary to protect the ing for the usual daily operation of of Community Development to enter City’s interest. a municipal department; now, there- into agreement with the Fairfax Section 4. That this ordinance is fore, Renaissance Development Corpora- hereby declared to be an emergency Be it ordained by the Council of tion for the Healthy Community measure and, provided it receives the City of Cleveland: Engagement Program through the the affirmative vote of two-thirds of Section 1. That Section 2 of Ordi- use of Ward 6 Casino Revenue all the members elected to Council, nance No. 1411-18 passed November Funds. it shall take effect and be in force 19, 2018 is hereby amended to read Whereas, this ordinance consti- immediately upon its passage and as follows: tutes an emergency measure provid- approval by the Mayor; otherwise it Section 2. That the cost of said ing for the usual daily operation of shall take effect and be in force contract shall be in an amount not a municipal department; now, there- from and after the earliest period to exceed $128,500 and shall be paid fore, allowed by law. from Fund No. 10 SF 188. Be it ordained by the Council of Passed July 24, 2019. the City of Cleveland: Section 2. That Section 2 of Ordi- Effective July 26, 2019. Section 1. That the Director of the nance No. 1411-18 passed November Department of Community Develop- 19, 2019 is hereby repealed. ment to enter into agreement effec- Section 3. That this ordinance is tive March 1, 2019, with the Fairfax hereby declared to be an emergency Ord. No. 829-2019. Renaissance Development Corpora- measure and, provided it receives tion for the Healthy Community By Council Member Santana. the affirmative vote of two-thirds of Engagement Program for the public An emergency ordinance authoriz- all the members elected to Council, purpose of providing educational ing the Director of the Department it shall take effect and be in force workshops on health and wellness of Public Safety to enter into agree- immediately upon its passage and activities for city of Cleveland resi- ment with the Cleveland Animal approval by the Mayor; otherwise it dents through the use of Ward 6 Protective League for the Trap- shall take effect and be in force Casino Revenue Funds Neuter-Return Program through the from and after the earliest period Section 2. That the cost of said use of Ward 14 Casino Revenue allowed by law. contract shall be in an amount not Funds. Passed July 24, 2019. to exceed $27,500 and shall be paid Whereas, this ordinance consti- Effective July 26, 2019. from Fund No. 10 SF 188. tutes an emergency measure provid- Section 3. That the Director of ing for the usual daily operation of Law shall prepare and approve said a municipal department; now, there- contract and that the contract shall fore, Ord. No. 826-2019. contain such terms and provisions Be it ordained by the Council of By Council Member Griffin. as he deems necessary to protect the the City of Cleveland: An emergency ordinance authoriz- City’s interest. Section 1. That the Director of the ing the Director of the Department Section 4. That this ordinance is Department of Public Safety is here- of the Department of Community hereby declared to be an emergency by authorized to enter into agree- Development to enter into agree- measure and, provided it receives ment with the Cleveland Animal ment with Burten, Bell, Carr Devel- the affirmative vote of two-thirds of Protective League for the Trap- opment Inc. for the Buckeye all the members elected to Council, Neuter-Return Program for the pub- Summer Soul Series Project through it shall take effect and be in force lic purpose of addressing and the use of Ward 6 Casino Revenue immediately upon its passage and controlling the feral cat population Funds. approval by the Mayor; otherwise it in the City of Cleveland through the Whereas, this ordinance consti- shall take effect and be in force use of Ward 14 Casino Revenue tutes an emergency measure provid- from and after the earliest period Funds. ing for the usual daily operation of allowed by law. Section 2. That the cost of said a municipal department; now, there- Passed July 24, 2019. contract shall be in an amount not fore, Effective July 26, 2019. to exceed $2,000 and shall be paid Be it ordained by the Council of from Fund No. 10 SF 188. the City of Cleveland: Section 3. That the Director of Section 1. That the Director of the Law shall prepare and approve said Department of Community Develop- Ord. No. 828-2019. contract and that the contract shall ment is hereby authorized to enter By Council Member Polensek. contain such terms and provisions into agreement with Burten, Bell, An emergency ordinance authoriz- as he deems necessary to protect the Carr Development Inc. for the Buck- ing the Director of the Department City’s interest. eye Summer Soul Series Project for of Community Development to enter Section 4. That this ordinance is the public purpose of providing into agreement with the Greater hereby declared to be an emergency health and wellness education to Collinwood Development Corpora- measure and, provided it receives residents residing in the city of tion for the Collinwood Observer the affirmative vote of two-thirds of Cleveland through the use of Ward Project through the use of Ward 8 all the members elected to Council, 6 Casino Revenue Funds. Casino Revenue Funds. it shall take effect and be in force 1307 136 The City Record July 31, 2019 immediately upon its passage and Section 2. That the cost of said Ord. No. 833-2019. approval by the Mayor; otherwise it contract shall be in an amount not By Council Member Conwell. shall take effect and be in force to exceed $6,800 and shall be paid An emergency ordinance authoriz- from and after the earliest period from Fund No. 10 SF 188. ing and directing the Director of allowed by law. Section 3. That the Director of Capital Projects to issue a permit to Passed July 24, 2019. Law shall prepare and approve said Neighbor to Neighbor Community Effective July 26, 2019. contract and that the contract shall Group to stretch two banners at contain such terms and provisions East 115th Street and Wade Park as he deems necessary to protect the Avenue and East 108th Street and City’s interest. Wade Park Avenue for the period Ord. No. 830-2019. Section 4. That this ordinance is from August 10, 2019 to September By Council Member Santana. hereby declared to be an emergency 9, 2019, inclusive, publicizing the An emergency ordinance authoriz- measure and, provided it receives Community Heritage Street Festival. ing the Director of the Department the affirmative vote of two-thirds of Whereas, this ordinance consti- of Economic Development to enter all the members elected to Council, tutes an emergency measure provid- into agreement with TAC Holding it shall take effect and be in force ing for the usual daily operation of Co., LLC for the Tremont Animal immediately upon its passage and a municipal department; now, there- Clinic Expansion Project through approval by the Mayor; otherwise it fore, the use of Ward 14 Casino Revenue shall take effect and be in force Be it ordained by the Council of Funds. from and after the earliest period the City of Cleveland: Whereas, this ordinance consti- allowed by law. Section 1. That notwithstanding tutes an emergency measure provid- Passed July 24, 2019. the provision of Section 623.13 of the ing for the usual daily operation of Effective July 26, 2019. Codified Ordinances, of Cleveland, a municipal department; now, there- Ohio, 1976, the Director of the fore, Department of Capital Projects is Be it ordained by the Council of hereby authorized and directed to the City of Cleveland: Ord. No. 832-2019. issue a permit to the Neighbor to Section 1. That the Director of the By Council Member B. Jones. Neighbor Community Group to Department of Economic Develop- An emergency ordinance authoriz- stretch two banners at East 115th ment is hereby authorized to enter ing and directing the Director of Street and Wade Park Avenue and into agreement with TAC Holding Capital Projects to issue a permit to East 108th Street and Wade Park Co., LLC for the Tremont Animal the Ward 7 Brighter Day Communi- Avenue, inclusive. Said banner shall Clinic Expansion Project that is ty Festival Committee to stretch be approved by the Director of Cap- located at and adjacent to 2885 West four banners at East 55th Street and ital Projects, in consultation with 25th Street, Cleveland, Ohio 44113 for Superior Avenue; Ansel Road and the Director of Public Safety, as to the public purpose of creating new Superior Avenue; East 79th Street type, method of affixing and loca- jobs for City of Cleveland residents and Hough Avenue; and at East 89th tion so as not to interfere with any through the use of Ward 14 Casino sign erected and maintained under Street and Hough Avenue, for the Revenue Funds. the requirements of law or ordi- period from July 25, 2019 to August Section 2. That the cost of said nance. The permission of the owner 24, 2019, inclusive, publicizing the contract shall be in an amount not of any pole from which a banner 2019 Brighter Day in Ward 7 Com- to exceed $10,000 and shall be paid will be hung must be obtained prior munity Festival. from Fund No. 10 SF 188. to issuance of the permit. No com- Section 3. That the Director of Whereas, this ordinance consti- mercial advertising shall be printed Law shall prepare and approve said tutes an emergency measure provid- or permitted on said banner and contract and that the contract shall ing for the usual daily operation of said banner shall be removed contain such terms and provisions a municipal department; now, there- promptly upon the expiration of said as he deems necessary to protect the fore, permit. City’s interest. Be it ordained by the Council of Section 2. That this ordinance is Section 4. That this ordinance is the City of Cleveland: hereby declared to be an emergency hereby declared to be an emergency Section 1. That notwithstanding measure and, provided it receives measure and, provided it receives the provision of Section 623.13 of the the affirmative vote of two-thirds of the affirmative vote of two-thirds of Codified Ordinances, of Cleveland, all the members elected to Council, all the members elected to Council, Ohio, 1976, the Director of the it shall take effect and be in force it shall take effect and be in force Department of Capital Projects is immediately upon its passage and immediately upon its passage and hereby authorized and directed to approval by the Mayor; otherwise, it approval by the Mayor; otherwise it issue a permit to the Ward 7 shall take effect and be in force shall take effect and be in force Brighter Day Community Festival from and after the earliest period from and after the earliest period Committee to stretch four banners allowed by law. allowed by law. at East 55th Street and Superior Passed July 24, 2019. Passed July 24, 2019. Avenue; Ansel & Superior; East 79th Effective July 26, 2019. Effective July 26, 2019. Street and Hough Avenue and at East 89th Street and Hough Avenue, inclusive. Said banner shall be approved by the Director of Capital Ord. No. 834-2019. Ord. No. 831-2019. Projects, in consultation with the By Council Member Bishop. By Council Member Zone. Director of Public Safety, as to type, An emergency ordinance authoriz- An emergency ordinance authoriz- method of affixing and location so ing the issuance of a Mobile Permit ing the Director of the Department as not to interfere with any sign to Ru-El Sailor, Jr./Comma Club to of Community Development to enter erected and maintained under the engage in mobile vending in Ward 2. into agreement with Bike Cleveland requirements of law or ordinance. Whereas, pursuant to Section for the Vision Zero Educational The permission of the owner of any 675.07 of the Codified Ordinances of Workshop through the use of Ward pole from which a banner will be Cleveland, Ohio, 1976, (the “Codified 15 Casino Revenue Funds. hung must be obtained prior to Ordinances”) the consent of Council Whereas, this ordinance consti- issuance of the permit. No commer- expressed by ordinance is a prereq- tutes an emergency measure provid- cial advertising shall be printed or uisite to peddling upon public rights ing for the usual daily operation of permitted on said banner and said of way outside of the Central Busi- a municipal department; now, there- banner shall be removed promptly ness District; and fore, upon the expiration of said permit. Whereas, This Council has con- Be it ordained by the Council of Section 2. That this ordinance is sidered the request of Ru-El Sailor, the City of Cleveland: hereby declared to be an emergency Jr./Comma Club to engage in mobile Section 1. That the Director of the measure and, provided it receives vending outside of the Central Busi- Department of Community Develop- the affirmative vote of two-thirds of ness district, and has determined ment is hereby authorized to enter all the members elected to Council, that it is in the public interest to into agreement with Bike Cleveland it shall take effect and be in force allow Ru-El Sailor, Jr./Comma Club for the Vision Zero Educational immediately upon its passage and to engage in mobile vending in Workshop for the public purpose of approval by the Mayor; otherwise, it Ward 2; and providing an educational workshop shall take effect and be in force Whereas, this ordinance consti- on traffic and bicycle safety prac- from and after the earliest period tutes an emergency measure provid- tices to Cleveland residents through allowed by law. ing for the usual daily operation of the use of Ward 15 Casino Revenue Passed July 24, 2019. a municipal department; now, there- Funds. Effective July 26, 2019. fore, 1308 July 31, 2019 The City Record 137

Be it ordained by the Council of immediately upon its passage and a municipal department; now, there- the City of Cleveland: approval by the Mayor; otherwise, it fore, Section 1. That this Council con- shall take effect and be in force Be it ordained by the Council of sents, as required by, Section 675.08 from and after the earliest period the City of Cleveland: of the Codified Ordinances to allow allowed by law. Section 1. That the Director of to Ru-El Sailor, Jr./Comma Club to Passed July 24, 2019. Aging is authorized to apply for and engage in mobile vending in the Effective July 26, 2019. accept a grant in an amount not to public rights of way in Ward 2. exceed $50,000, from the Cleveland Section 2. That all of the require- Foundation or its designee, to place ments of Chapter 675 of the Codified a fellow in the Department of Aging Ordinances shall apply to the per- Ord. No. 836-2019. for the Age Friendly Cleveland plan. sons named in Section 1 of this ordi- By Council Member McCormack. That the Director is authorized to nance. An emergency ordinance consent- file all papers and execute all doc- Section 3. That the privilege ing and approving the issuance of a uments necessary to receive the granted may be revoked at any time permit for the OROC event, on funds under the grant; and that the by this Council. August 3, 2019, managed by Hermes funds are appropriated for the pur- Section 4. That this ordinance is Sports & Events. poses described in this ordinance. declared to be an emergency mea- Whereas, this ordinance consti- Section 2. That this ordinance is sure and, provided it receives the tutes an emergency measure provid- declared to be an emergency mea- affirmative vote of two-thirds of all ing for the usual daily operation of sure and, provided it receives the the members elected to Council, it a municipal department; now, there- affirmative vote of two-thirds of all shall take effect and be in force fore, the members elected to Council, it immediately upon its passage and Be it ordained by the Council of shall take effect and be in force approval by the Mayor; otherwise, it the City of Cleveland: immediately upon its passage and shall take effect and be in force Section 1. That pursuant to Sec- approval by the Mayor; otherwise it from and after the earliest period tion 411.06 of the Codified Ordi- shall take effect and be in force allowed by law. nances of Cleveland, Ohio 1976, this from and after the earliest period Passed July 24, 2019. Council consents to and approves allowed by law. Effective July 26, 2019. the holding of the OROC event, on Passed July 24, 2019. August 3, 2019, OROC 1 Mile: Start Effective July 26, 2019. in front of the Rock & Roll Hall of Fame; Head west; Turn Left on Ord. No. 835-2019. West 3rd Street; Turn Left on Lake- By Council Member McCormack. side Avenue; Turn Left on East 9th Ord. No. 857-2019. An emergency ordinance consent- Street; Turn Left on Erieside By Council Members Brancatelli ing and approving the issuance of a Avenue; Finish in front of the Rock and Kelley (by departmental permit for the annual Fox 8 Fox & Roll Hall of Fame; OROC 5K: request). Trot event, on August 25, 2019, man- Start in front of the Rock & Roll An emergency ordinance to amend aged by Hermes Sports & Events. Hall of Fame; Head west on Al Sections 3167.01 to 3167.06 and Whereas, this ordinance consti- Lerner Way; Turn Left on West 3rd 3167.99 of the Codified Ordinances of tutes an emergency measure provid- Street; Turn Left on Lakeside Cleveland, Ohio, 1976, as enacted by ing for the usual daily operation of Avenue; Turn Right on East 13th Ordinance No. 1613-10, passed a municipal department; now, there- Street; Turn Right on St. Clair November 29, 2010, relating to flood- fore, Avenue; Turn Right on West 9th plain management. Be it ordained by the Council of Street; Turn Right on Lakeside Whereas, this ordinance consti- the City of Cleveland: Avenue; Turn Left on West 3rd tutes an emergency measure provid- Section 1. That pursuant to Sec- Street; Turn Right on Al Lerner ing for the usual daily operation of tion 411.06 of the Codified Ordi- Way; Finish in front of the Rock & a municipal department; now, there- nances of Cleveland, Ohio 1976, this Roll Hall of Fame; provided that the fore, Council consents to and approves applicant sponsor shall meet all the Be it ordained by the Council of the holding of the annual Fox 8 Fox requirements of Section 411.05 of the the City of Cleveland: Trot event, on August 25, 2019; 1 Codified Ordinances of Cleveland, Section 1. That Sections 3167.01 to 3167.06 and 3167.99 of the Codified Mile Course: Start in front of the Ohio, 1976. Streets may be closed as Ordinances of Cleveland, Ohio, 1976, Rock & Roll Hall of Fame; Head determined by the Chief of Police as enacted by Ordinance No. 1613-10, east; Turn Right on East 9th Street; and safety forces as may be neces- passed November 29, 2010, are Turn Right on Lakeside Avenue; sary in order to protect the partici- amended to read as follows: Turn Right on West 3rd Street; Turn pants in the event. Said permit shall Right on Al Lerner Way; Finish in further provide that the City of Section 3167.01. General Provisions Cleveland shall be fully indemnified front of the Rock & Roll Hall of (a) Statutory Authorization. Arti- from any and all liability resulting Fame; 5K Course: Start in front of cle XVIII, Section 3, of the Ohio Con- the Rock & Roll Hall of Fame; Head from the issuance of the same, to stitution grants municipalities the west on Al Lerner Way; Turn Left the extent and in form satisfactory legal authority to adopt land use on West 3rd Street; Turn Left on to the Director of Law. and control measures for promoting Lakeside Avenue; Turn Right on Section 2. That this ordinance is the health, safety, and general wel- East 13th Street; Turn Right on W. hereby declared to be an emergency fare of its citizens. St. Clair Avenue; Turn Right on measure and, provided it receives (b) Findings of Fact. The City of West 9th Street; Turn Right on the affirmative vote of two-thirds of Cleveland has special flood hazard Lakeside Avenue; Turn Left on all the members elected to Council, areas that are subject to periodic West 3rd Street; Turn Right on Al it shall take effect and be in force inundation which may result in loss Lerner Way; Finish in front of the immediately upon its passage and of life and property, health and safe- Rock & Roll Hall of Fame; provid- approval by the Mayor; otherwise, it ty hazards, disruption of commerce ed that the applicant sponsor shall shall take effect and be in force and governmental services, extraor- meet all the requirements of Section from and after the earliest period dinary public expenditures for flood 411.05 of the Codified Ordinances of allowed by law. protection and relief, and impair- Cleveland, Ohio, 1976. Streets may be Passed July 24, 2019. ment of the tax base. Additionally, closed as determined by the Chief of Effective July 26, 2019. structures that are inadequately ele- Police and safety forces as may be vated, floodproofed, or otherwise necessary in order to protect the protected from flood damage also participants in the event. Said per- contribute to the flood loss. In order mit shall further provide that the Ord. No. 855-2019. to minimize the threat of such dam- City of Cleveland shall be fully By Council Members Griffin and ages and to achieve the purposes indemnified from any and all liabil- Kelley (by departmental request). hereinafter set forth, these regula- ity resulting from the issuance of An emergency ordinance authoriz- tions are adopted. the same, to the extent and in form ing the Director of Aging to apply (c) Statement of Purpose. It is the satisfactory to the Director of Law. for and accept a grant from the purpose of these regulations to pro- Section 2. That this ordinance is Cleveland Foundation to place a fel- mote the public health, safety and hereby declared to be an emergency low in the Department of Aging for general welfare, and to: measure and, provided it receives the Age Friendly Cleveland plan. (1) Protect human life and health; the affirmative vote of two-thirds of Whereas, this ordinance consti- (2) Minimize expenditure of pub- all the members elected to Council, tutes an emergency measure provid- lic money for costly flood control it shall take effect and be in force ing for the usual daily operation of projects; 1309 138 The City Record July 31, 2019

(3) Minimize the need for rescue hundred (100) year floodplain, flood- (b) Appeal. A request for review and relief efforts associated with ways or delineation of other areas of the floodplain administrator’s flooding and generally undertaken of special flood hazard. interpretation of any provision of at the expense of the general pub- (3) Any hydrologic and hydraulic these regulations or a request for a lic; engineering analysis authored by a variance. (4) Minimize prolonged business registered Professional Engineer in (c) Base Flood. The flood having interruptions; the State of Ohio which has been a one percent (1%) chance of being (5) Minimize damage to public approved by the City of Cleveland equaled or exceeded in any given facilities and utilities such as water as required by division (c) of Sec- year. The base flood may also be and gas mains, electric, telephone tion 3167.04, Subdivisions and Other referred to as the one percent (1%) and sewer lines, streets and bridges New Developments. chance annual flood or one hundred located in areas of special flood haz- Any revisions to the aforemen- (100) year flood. ard; tioned maps and/or studies are here- (d) Base (100-Year) Flood Eleva- (6) Help maintain a stable tax by adopted by reference and tion (BFE). The water surface ele- base by providing for the proper use declared to be a part of these regu- vation of the base flood in relation and development of areas of special lations. Such maps and/or studies to a specified datum, usually the flood hazard so as to protect prop- are on file at 601 Lakeside Avenue, National Geodetic Vertical Datum of erty and minimize future flood Cleveland, Ohio 44114. 1929 or the North American Vertical blight areas; (g) Abrogation and Greater Datum of 1988, and usually (7) Ensure that those who occupy Restrictions. In the event of a con- expressed in Feet Mean Sea Level the areas of special flood hazard flict between these regulations and (MSL). In Zone AO areas, the base assume responsibility for their any other ordinance, the more flood elevation is the lowest adja- actions; restrictive shall be followed. These cent natural grade elevation plus (8) Minimize the impact of devel- regulations shall not impair any the depth number (from one (1) to opment on adjacent properties with- deed restriction covenant or ease- three (3) feet). in and near flood prone areas; ment but the land subject to such (e) Basement. Any area of the (9) Ensure that the flood storage interests shall also be governed by building having its floor subgrade and conveyance functions of the the regulations, and whichever (below ground level) on all sides. floodplain are maintained; imposes the more restrictive shall be (e.1) Breakaway wall. A wall that (10) Minimize the impact of devel- followed. is not part of the structural support opment on the natural, beneficial (h) Interpretation. In the inter- of the building and is intended values of the floodplain; pretation and application of these through its design and construction (11) Prevent floodplain uses that regulations, all provisions shall be: to collapse under specific lateral are either hazardous or environ- (1) Considered as minimum loading forces, without causing mentally incompatible; and requirements; damage to the elevated portion of (12) Meet community participation (2) Liberally construed in favor of the building or supporting founda- requirements of the National Flood the governing body; and tion system. Insurance Program. (3) Deemed neither to limit nor (e.2) Coastal high hazard area. An (d) Methods of Reducing Flood repeal any other powers granted area of special flood hazard extend- Loss. In order to accomplish its pur- under state statutes. Where a pro- ing from offshore to the inland limit poses, these regulations include vision of these regulations may be of a primary frontal dune along an methods and provisions for: in conflict with a state or Federal open coast, and any other area sub- (1) Restricting or prohibiting uses law, such state or Federal law shall ject to high velocity wave action which are dangerous to health, safe- take precedence over these regula- from storms or other seismic ty, and property due to water haz- tions. sources. A coastal high hazard area ards, or which result in damaging (i) Warning and Disclaimer of is identified on a community’s FIRM increases in flood heights or veloci- Liability. The degree of flood pro- by the designation of zone VE. ties; tection required by these regula- (f) Development. Any manmade (2) Requiring that uses vulnera- tions is considered reasonable for change to improved or unimproved ble to floods, including facilities, regulatory purposes and is based on real estate, including but not limit- which serve such uses, be protected scientific and engineering considered to buildings or other structures, against flood damage at the time of ations. Larger floods can and will mining, dredging, filling, grading, initial construction; occur on rare occasions. Flood paving, excavation or drilling oper- (3) Controlling the alteration of heights may be increased by man- ations or storage of equipment or natural floodplains, stream chan- made or natural causes. These reg- materials. nels, and natural protective barriers, ulations do not imply that land (g) Enclosure Below the Lowest which help accommodate or channel outside the areas of special flood Floor. See “Lowest Floor.” flood waters; hazard or uses permitted within (h) Executive Order 11988 (Flood- (4) Controlling filling, grading, such areas will be free from floodplain Management). Issued by Pres- dredging, excavating, and other ing or flood damage. These regula- ident Carter in 1977, this order development which may increase tions shall not create liability on the requires that no federally assisted flood damage; and part of the City of Cleveland, any activities be conducted in or have (5) Preventing or regulating the officer or employee thereof, or the the potential to affect identified spe- construction of flood barriers, which Federal Emergency Management cial flood hazard areas, unless there will unnaturally divert flood, waters Agency, for any flood damage that is no practicable alternative. or which may increase flood hazards results from reliance on these regu- (i) Federal Emergency Manage- in other areas. lations or any administrative deci- ment Agency (FEMA). The agency (e) Lands to Which These Regu- sion lawfully made thereunder. with the overall responsibility for lations Apply. These regulations (j) Severability. Should any sec- administering the National Flood shall apply to all areas of special tion or provision of these regula- Insurance Program. flood hazard within the jurisdiction tions be declared by the courts to be (j) Fill. A deposit of earth mater- of the City of Cleveland as identi- unconstitutional or invalid, such ial placed by artificial means. fied in division (f) of this section, decision shall not affect the validi- (k) Flood or Flooding. A general including any additional areas of ty of the regulations as a whole, or and temporary condition of partial special flood hazard annexed by the any part thereof other than the part or complete inundation of normally City of Cleveland. so declared to be unconstitutional or dry land areas from: (f) Basis for Establishing the invalid. (1) The overflow of inland or Areas of Special Flood Hazard. For tidal waters, and/or the purposes of these regulations, Section 3167.02. Definitions (2) The unusual and rapid accu- the following studies and/or maps Unless specifically defined below, mulation or runoff of surface waters are adopted: words or phrases used in these reg- from any source. (1) Flood Insurance Study Cuya- ulations shall be interpreted so as (l) Flood Hazard Boundary Map hoga County, Ohio and Incorporated to give them the meaning they have (FHBM). Usually the initial map, Areas and Flood Insurance Rate in common usage and to give these produced by the Federal Emergency map Cuyahoga County, Ohio and regulations the most reasonable Management Agency, or U.S. Depart- Incorporated Areas both effective application. ment of Housing and Urban Devel- August 15, 2019. (a) Accessory Structure. A struc- opment, for a community depicting (2) Other studies and/or maps, ture on the same lot with, and of a approximate special flood hazard which may be relied upon for estab- nature customarily incidental and areas. lishment of the flood protection ele- subordinate to, the principal struc- (m) Flood Insurance Rate Map vation, delineation of the one ture. (FIRM). An official map on which 1310 July 31, 2019 The City Record 139 the Federal Emergency Manage- source, the flood protection eleva- (2) Letter of Map Revision ment Agency or the U.S. Department tion can be historical flood eleva- (LOMR). A revision based on tech- of Housing and Urban Development tions, or base flood elevations nical data that, usually due to man- has delineated the areas of special determined and/or approved by the made changes, shows changes to flood hazard. floodplain administrator. flood zones, flood elevations, flood- (n) Flood Insurance Risk Zones. (q) Floodway. A floodway is the plain and floodway delineations, Zone designations on FHBMs and channel of a river or other water- and planimetric features. One com- FIRMs that indicate the magnitude course and the adjacent land areas mon type of LOMR, a LOMR-F, is a of the flood hazard in specific areas that have been reserved in order to determination concerning whether a of a community. Following are the pass the base flood discharge. A structure or parcel has been elevat- zone definitions: floodway is typically determined ed by fill above the base flood ele- (1) Zone A: Special flood hazard through a hydraulic and hydrologic vation and is, therefore, excluded areas inundated by the one hundred engineering analysis such that the from the special flood hazard area. (100) year flood in any given year; cumulative increase in the water (3) Conditional Letter of Map base flood elevations are not deter- surface elevation of the base flood Revision (CLOMR). A comment by mined. discharge is no more than a desig- FEMA regarding a proposed project that would, upon construction, affect (2) Zones A1-30 and Zone AE: Spe- nated height. In no case shall the the hydrologic or hydraulic charac- cial flood hazard areas inundated by designated height be more than one teristics of a flooding source and the one hundred (100) year flood in (1) foot at any point within the com- thus result in the modification of any given year; base flood eleva- munity. the existing floodway, the effective tions are determined. The floodway is an extremely hazardous area, and is usually charac- base flood elevations, or the special (3) Zone AO: Special flood hazard flood hazard area. A CLOMR does areas inundated by the one hundred terized by any of the following: Moderate to high velocity flood not amend or revise effective Flood (100) year flood in any given year; Insurance Rate Maps, Flood Bound- with flood depths of one (1) to three waters, high potential for debris and projectile impacts, and moderate to ary and Floodway Maps, or Flood (3) feet (usually sheet flow on slop- Insurance Studies. high erosion forces. ing terrain); average depths are (v) Lowest Floor. The lowest floor (r) Freeboard. A factor of safety determined. of the lowest enclosed area (includ- usually expressed in feet above a (4) Zone AH: Special flood hazard ing basement) of a structure. This flood level for the purposes of flood- areas inundated by the one hundred definition excludes an “enclosure (100) year flood in any given year; plain management. Freeboard tends below the lowest floor” which is an flood depths of one (1) to three (3) to compensate for the many unfinished or flood resistant enclo- feet (usually areas of ponding); unknown factors that could con- sure usable solely for parking of base flood elevations are deter- tribute to flood heights greater than vehicles, building access or storage, mined. the height calculated for a selected in an area other than a basement (5) Zone A99: Special flood hazard size flood and floodway conditions, area, provided that such enclosure is areas inundated by the one hundred such as wave action, obstructed built in accordance with the applic- (100) year flood to be protected from bridge openings, debris and ice able design requirements specified the one hundred (100) year flood by jams, and the hydrologic effect of in these regulations for enclosures a Federal flood protection system urbanization in a watershed. below the lowest floor. under construction; no base flood (s) Historic Structure. Any struc- (w) Manufactured Home. A struc- elevations are determined. ture that is: ture, transportable in one (1) or (6) Zone B and Zone X (shaded): (1) Listed individually in the more sections, which is built on a Areas of five hundred (500) year National Register of Historic Places permanent chassis and is designed flood; areas subject to the one hun- (a listing maintained by the U.S. for use with or without a permanent dred (100) year flood with average Department of Interior) or prelimi- foundation when connected to the depths of less than one (1) foot or narily determined by the Secretary required utilities. The term “manu- with contributing drainage area less of the Interior as meeting the factured home” does not include a than one (1) square mile; and areas requirements for individual listings “recreational vehicle”. For the pur- protected by levees from the base on the National Register; poses of these regulations, a manu- flood. (2) Certified or preliminarily factured home includes (7) Zone C and Zone X (unshad- determined by the Secretary of the manufactured homes and mobile ed): Areas determined to be outside Interior as contributing to the his- homes as defined in RC Chapter the five hundred (500) year flood- torical significance of a registered 4781. plain. historic district or a district prelim- (w.1) Mean sea level. For purpos- (8) Zone V: Coastal special flood inarily determined by the Secretary es of the National Flood Insurance hazard area subject to a 100-year to qualify as a registered historic Program, the National Geodetic Ver- tical Datum (NGVD) of 1929 or other flood from velocity hazard (wave district; or datum, to which base flood eleva- action); base flood elevations are (3) Individually listed on the tions shown on a community’s Flood not determined. State of Ohio’s inventory of historic Insurance Rate Map are referenced. (9) Zone VE and V1-30: Coastal places maintained by the Ohio His- (x) Manufactured Home Park. As special flood hazard area subject to toric Preservation Office. specified in the OAC 4781-12-01(K), a 100-year flood from velocity haz- (t) Hydrologic and Hydraulic a manufactured home park means Engineering Analysis. An analysis ard (wave action); base flood ele- any tract of land upon which three performed by a professional engi- vations are determined. (3) or more manufactured homes, neer, registered in the State of Ohio, (o) Flood Insurance Study (FIS). used for habitation are parked, The official report in which the Fed- in accordance with standard engi- either free of charge or for revenue eral Emergency Management neering practices as accepted by purposes, and includes any roadway, Agency or the U.S. Department of FEMA, used to determine flood ele- building, structure, vehicle, or enclo- Housing and Urban Development vations and/or floodway boundaries. sure used or intended for use as part has provided flood profiles, flood- (u) Letter of Map Change of the facilities of the park. A tract way boundaries (sometimes shown (LOMC). A Letter of Map Change is of land that is subdivided and the on Flood Boundary and Floodway an official FEMA determination, by individual lots are not for rent or Maps), and the water surface eleva- letter, to amend or revise effective rented, but are for sale or sold for tions of the base flood. Flood Insurance Rate Maps, Flood the purpose of installation of manu- (o.1) Floodproofing. Any combina- Boundary and Floodway Maps, and factured homes on the lots, is not a tion of structural and non-structural Flood Insurance Studies. LOMCs are manufactured home park, even additions, changes, or adjustments broken down into the following cat- though three (3) or more manufac- to structures which reduce or elimi- egories: tured homes are parked thereon, if nate flood damage to real estate or (1) Letter of Map Amendment the roadways are dedicated to the improved real property, water and (LOMA). A revision based on tech- local government authority. Manu- sanitary facilities, structures and nical data showing that a property factured home park does not include their contents. was incorrectly included in a desig- any tract of land used solely for the (p) Flood Protection Elevation. nated special flood hazard area. A storage or display for sale of man- The Flood Protection Elevation, or LOMA amends the current effective ufactured homes. FPE, is the base flood elevation Flood Insurance Rate Map and (y) National Flood Insurance Pro- plus two (2) feet of freeboard. In establishes that a specific property gram (NFIP). The NFIP is a Fed- areas where no base flood eleva- is not located in a special flood haz- eral program enabling property tions exist from any authoritative ard area. owners in participating communities 1311 140 The City Record July 31, 2019 to purchase insurance protection and Flood Hazard Boundary Maps (kk) Variance. A grant of relief against losses from flooding. This as Zones A, AE, AH, AO, A1-30, and from the standards of these regula- insurance is designed to provide an A99, V, or VE. Special flood hazard tions consistent with the variance insurance alternative to disaster areas may also refer to areas that conditions herein. assistance to meet the escalating are flood prone and designated from (ll) Violation. The failure of a costs of repairing damage to build- other federal state or local sources structure or other development to be ings and their contents caused by of data including but not limited to fully compliant with these regula- floods. Participation in the NFIP is historical flood information reflect- tions. based on an agreement between ing high water marks, previous local communities and the Federal flood inundation areas, and flood Section 3167.03. Administration government that states if a commu- prone soils associated with a water- (a) Designation of the Floodplain nity will adopt and enforce flood- course. Administrator. The Director of plain management regulations to (gg) Start of Construction. The Building and Housing, or his or her reduce future flood risks to all date the building permit was issued, designee, is appointed to administer development in special flood hazard provided the actual start of con- and implement these regulations areas, the Federal government will struction, repair, reconstruction, and is referred to herein as the make flood insurance available rehabilitation, addition, placement, Floodplain Administrator. within the community as a financial or other improvement was within (b) Duties and Responsibilities of protection against flood loss. one hundred eighty (180) days of the Floodplain Administrator. The (z) New construction. Structures the permit date. The actual start duties and responsibilities of the for which the “start of construction” means either the first placement of Floodplain Administrator shall commenced on or after the effective permanent construction of a struc- include but are not limited to: date of a floodplain regulation ture on a site, such as the pouring (1) Evaluate applications for per- adopted by the City of Cleveland of slab or footings, the installation mits to develop in special flood haz- and includes any subsequent of piles, the construction of columns, ard areas; improvements to such structures. or any work beyond the stage of (2) Interpret floodplain bound- For the purposes of determining excavation; or the placement of a aries and provide flood hazard and insurance rates, structures for manufactured home on a foundation. flood protection elevation informa- which the “start of construction” Permanent construction does not tion; commenced on or after the initial include land preparation, such as (3) Issue permits to develop in effective date of the City of Cleve- clearing, grading, and filling; nor special flood hazard areas when the land Flood Insurance Rate Map, does it include the installation of provisions of these regulations have August 1, 1978 or after December 31, streets and/or walkways; nor does been met, or refuse to issue the 1974, whichever is later, and it include excavation for a base- same in the event of noncompliance; includes any subsequent improvement, footings, piers, or foundations (4) Inspect buildings and lands to ments to such structures. or the erection of temporary forms; determine whether any violations of (aa) Person. Includes any indi- nor does it include the installation these regulations have been com- vidual or group of individuals, cor- on the property of accessory build- mitted; poration, partnership, association, or ings, such as garages or sheds not (5) Make and permanently keep any other entity, including state and occupied as dwelling units or not all records for public inspection nec- local governments and agencies. An part of the main structure. For a essary for the administration of agency is further defined in the RC substantial improvement, the actual these regulations including Flood 111.15 as any governmental entity of start of construction means the first Insurance Rate Maps, Letters of the state and includes, but is not alteration of any wall, ceiling, floor, Map Amendment and Revision, limited to, any board, department, or other structural part of a build- records of issuance and denial of division, commission, bureau, soci- permits to develop in special flood ety, council, institution, state college ing, whether or not that alteration affects the external dimensions of a hazard areas, determinations of or university, community college whether development is in or out of district, technical college district, or building. (hh) Structure. A walled and special flood hazard areas for the state community college. “Agency” roofed building, manufactured home, purpose of issuing floodplain devel- does not include the general assem- or gas or liquid storage tank that is opment permits, elevation certifi- bly, the controlling board, the adju- principally above ground. cates, floodproofing certificates, tant general’s department, or any (ii) Substantial Damage. Damage VE-zone construction certifications, court. of any origin sustained by a struc- variances, and records of enforce- (bb) Recreational Vehicle. A vehi- ture whereby the cost of restoring ment actions taken for violations of cle which is (1) built on a single the structure to its before damaged these regulations; chassis, (2) four hundred (400) condition would equal or exceed (6) Enforce the provisions of square feet or less when measured fifty percent (50%) of the market these regulations; at the largest horizontal projection, value of the structure before the (7) Provide information, testimo- (3) designed to be self-propelled or damage occurred. ny, or other evidence as needed dur- permanently towable by a light duty (jj) Substantial Improvement. Any ing variance hearings; truck, and (4) designed primarily reconstruction, rehabilitation, addi- (8) Coordinate map maintenance not for use as a permanent dwelling tion, or other improvement of a activities and FEMA follow-up; but as temporary living quarters for structure, the cost of which equals (9) Conduct substantial damage recreational, camping, travel, or sea- or exceeds fifty percent (50%) of determinations to determine sonal use. the market value of the structure whether existing structures, dam- (cc) Registered Professional before the “start of construction” of aged from any source and in special Architect. A person registered to the improvement. This term includes flood hazard areas identified by engage in the practice of architec- structures, which have incurred FEMA, must meet the development ture under the provisions of RC “substantial damage”, regardless of standards of these regulations. 4703.01 to 4703.19. the actual repair work performed. (c) Floodplain Development Per- (dd) Registered Professional The term does not, however, include: mits. It shall be unlawful for any Engineer. A person registered as a (1) Any improvement to a struc- person to begin construction or professional engineer under RC ture that is considered “new con- other development activity including Chapter 4733. struction;” but not limited to filling; , grading;, (ee) Registered Professional Sur- (2) Any project for improvement construction;, alteration, remodeling, veyor. A person registered as a proof a structure to correct existing or expanding any structure; or alter- fessional surveyor under RC violations of state or local health, ation of any watercourse wholly Chapter 4733. sanitary, or safety code specifica- within, partially within or in contact (ff) Special Flood Hazard Area. tions which have been identified with any identified special flood Also known as “Areas of Special prior to the application for a devel- hazard area, as established in divi- Flood Hazard”, it is the land in the opment permit by the local code sion (f) of Section 3167.01, until a floodplain subject to a one percent enforcement official and which are floodplain development permit is (1%) or greater chance of flooding the minimum necessary to assure obtained from the Floodplain in any given year. Special flood haz- safe living conditions; or Administrator. Such floodplain ard areas are designated by the Fed- (3) Any alteration of a “historic development permit shall show that eral Emergency Management structure,” provided that the alter- the proposed development activity is Agency on Flood Insurance Rate ation would not preclude the struc- in conformity with the provisions of Maps, Flood Insurance Studies, ture’s continued designation as a these regulations. No such permit Flood Boundary and Floodway Maps “historic structure”. shall be issued by the Floodplain 1312 July 31, 2019 The City Record 141

Administrator until the require- for VE zone construction as applicant shall supply a completed ments of these regulations have required by division (j)(2) of Sec- Floodproofing Certificate for Non- been met. tion 3167.04; Residential Structures completed by (d) Application Required. An H. Certification of breakaway a registered professional engineer application for a floodplain develop- wall design, when applicable as pro- or architect together with associat- ment permit shall be required for all vided in division (j)(2) of Section ed documentation. development activities located whol- 3167.04 (h) Revoking a Floodplain Devel- ly within, partially within, or in con- (6) A floodplain development per- opment Permit. A floodplain devel- tact with an identified special flood mit application fee, which shall be opment permit shall be revocable, if hazard area. Such application shall the fee for new construction estab- among other things, the actual be made by the owner of the prop- lished in Section 3105.25(b)(1). development activity does not con- erty or his or her authorized agent, (e) Review and Approval of a form to the terms of the application herein referred to as the applicant, Floodplain Development Permit and permit granted thereon. In the prior to the actual commencement of Application. event of the revocation of a permit, such construction on a form fur- (1) Review. an appeal may be taken to the nished for that purpose. Where it is A. After receipt of a complete Appeals Board (Cleveland Board of unclear whether a development site application, the Floodplain Adminis- Building Standards) in accordance is in a special flood hazard area, the trator shall review the application with Section 3167.05 of these regu- Floodplain Administrator may to ensure that the standards of these lations. require an application for a flood- regulations have been met. No flood- (i) Activities to Which This Ordi- plain development permit to deter- plain development permit applica- nance Applies. This Chapter shall be mine the development’s location. tion shall be reviewed until all applicable as follows: Such applications shall include, but information required in division (d) (1) Exemption from Filing a not be limited to: of Section 3167.03 has been received Development Permit. An application (1) Site plans drawn to scale by the Floodplain Administrator. for a floodplain development permit showing the nature, location, dimen- B. The Floodplain Administrator shall not be required for mainte- sions, and topography of the area in shall review all floodplain develop- nance work such as roofing, paint- question; the location of existing or ment permit applications to assure ing, and basement sealing, or for proposed structures, fill, storage of that all necessary permits have been small nonstructural development materials, drainage facilities, and received from those federal, state or activities (except for filling and local governmental agencies from grading) valued at less than two the location of the foregoing; which prior approval is required. thousand five hundred dollars (2) Elevation of the existing, nat- The applicant shall be responsible ($2,500.00). ural ground where structures are for obtaining such permits as (2) State and Federal Develop- proposed; required including permits issued by ment. State and Federal develop- (3) Elevation of the lowest floor, the U.S. Army Corps of Engineers ment must comply as follows: including basement, of all proposed under Section 10 of the Rivers and (A) Development that is funded, structures; Harbors Act and Section 404 of the financed, undertaken, or preempted (4) Such other material and infor- Clean Water Act, and the Ohio Envi- by state agencies shall comply with mation as may be requested by the ronmental Protection Agency under minimum NFIP criteria. Floodplain Administrator to deter- Section 401 of the Clean Water Act. (B) Before awarding funding or mine conformance with, and provide (2) Approval. Within thirty (30) financing or granting a license, per- enforcement of these regulations; days after the receipt of a complete mit, or other authorization for devel- (5) Technical analyses conducted application, the Floodplain Adminis- opment that is or is to be located by the appropriate design profes- trator shall either approve or disap- within a 100-year floodplain, a state sional registered in the State of prove the application. If an agency shall require the applicant Ohio and submitted with an appli- application is approved, a floodplain to demonstrate to the satisfaction of cation for a floodplain development development permit shall be issued. the agency that the development permit when applicable: All floodplain development permits will comply minimum NFIP criteria A. Floodproofing certification for shall be conditional upon the com- and any applicable local floodplain nonresidential floodproofed struc- mencement of work within one hun- management resolution or ordinance ture as required in division (e) of dred eighty (180) days. A floodplain as required by the RC Section Section 3167.04; development permit shall expire one 1521.13. This includes, but is not lim- B. Certification that fully enclosed hundred eighty (180) days after ited to: areas below the lowest floor of a issuance unless the permitted activ- 1. Development activities in an structure not meeting the design ity has been substantially begun existing or proposed manufactured requirements of division (d) of Sec- and is thereafter pursued to com- home park that are under the tion 3167.04 are designed to auto- pletion. authority of the Ohio Department of matically equalize hydrostatic flood (f) Inspections. The Floodplain Commerce and subject to the flood forces; Administrator shall make periodic damage reduction provisions of the C. Description of any watercourse inspections at appropriate times OAC Chapter 4781-12. alteration or relocation that the throughout the period of construc- 2. Major utility facilities permitted flood carrying capacity of the water- tion in order to monitor compliance by the Ohio Power Siting Board course will not be diminished, and with permit conditions. under RC Chapter 4906. maintenance assurances as required (g) Post-Construction Certifica- 3. Hazardous waste disposal facil- in division (i)(3) of Section 3167.04; tions Required. The following as- ities permitted by the Hazardous D. A hydrologic and hydraulic built certifications are required Waste Siting Board under RC Chap- analysis demonstrating that the after a floodplain development per- ter 3734. cumulative effect of proposed devel- mit has been issued: (C) Development activities under- opment, when combined with all (1) For new or substantially taken by a federal agency and other existing and anticipated devel- improved residential structures, or which are subject to Federal Exec- opment will not increase the water nonresidential structures that have utive Order 11988 – Floodplain Man- surface elevation of the base flood been elevated, the applicant shall agement. For these activities, each by more than one (1) foot in special have a Federal Emergency Manage- federal agency has a responsibility flood hazard areas where the Fed- ment Agency Elevation Certificate to evaluate the potential effects of eral Emergency Management completed by a registered profes- any actions it may take in a flood- Agency has provided base flood ele- sional surveyor to record as-built plain; to ensure that its planning vations but no floodway as required elevation data. For elevated struc- programs and budget request reflect by division (i)(2) of Section 3167.04; tures in Zone A and Zone AO areas consideration of flood hazards and E. A hydrologic and hydraulic without a base flood elevation, the floodplain management; and to pre- engineering analysis showing elevation certificate may be com- scribe procedures to implement the impact of any development on flood pleted by the property owner or policies and requirements of EO heights in an identified floodway as owner’s representative. 11988. required by division (i)(1) of Sec- (2) For all development activities (j) Map Maintenance Activities. tion 3167.04; subject to the standards of division To meet National Flood Insurance F. Generation of base flood eleva- (j)(1) of Section 3167.03, a Letter of Program minimum requirements to tion(s) for subdivision and Map Revision. have flood data reviewed and largescale developments as required (3) For new or substantially approved by FEMA, and to ensure by division (c) of Section 3167.04. improved nonresidential structures that the City of Cleveland flood G. Certification of structural that have been floodproofed in lieu maps, studies and other data identi- design and methods of construction of elevation, where allowed, the fied in division (f) of Section 3167.01 1313 142 The City Record July 31, 2019 accurately represent flooding condi- Flood Insurance Rate Map accu- C. Zones B, C, and X: Use of BFE tions so appropriate floodplain man- rately represent the City of Cleve- and floodway data from a prelimi- agement criteria are based on land boundaries, include within such nary FIRM or FIS are not required current data, the following map notification a copy of a map of the for areas designated as Zone B, C, maintenance activities are identi- City of Cleveland suitable for repro- or X on the effective FIRM which fied: duction, clearly showing the new are being revised to Zone AE, A1-30, (1) Requirement to Submit New corporate limits or the new area for AH, AO, VE, or V1-30. Preliminary Technical Data. which the City of Cleveland has FIS or FIRM data must be reason- A. For all development proposals assumed or relinquished floodplain ably utilized to ensure that the that impact floodway delineations or management regulatory authority. health, safety, and property of the base flood elevations, the communi- (k) Data Use and Flood Map citizens of Cleveland are protected. ty shall ensure that technical data Interpretation. The following guide- (4) The Floodplain Administrator reflecting such changes be submit- lines shall apply to the use and shall make interpretations, where ted to FEMA within six (6) months interpretation of maps and other needed, as to the exact location of of the date such information data showing areas of special flood the flood boundaries and areas of becomes available. These develop- hazard: special flood hazard. A person con- ment proposals include: (1) In areas where FEMA has not testing the determination of the 1. Floodway encroachments that identified special flood hazard location of the boundary shall be increase or decrease base flood ele- areas, or in FEMA identified special given a reasonable opportunity to vations or alter floodway bound- flood hazard areas where base flood appeal the interpretation as provid- aries; elevation and floodway data have ed in Section 3167.05, Appeals and 2. Fill sites to be used for the not been identified, the Floodplain Variances. placement of proposed structures Administrator shall review and rea- (5) Where an existing or proposed where the applicant desires to sonably utilize any other flood haz- structure or other development is remove the site from the special ard data available from a federal, affected by multiple flood zones, by flood hazard area; state, or other source. multiple base flood elevations, or 3. Alteration of watercourses that (2) Base flood elevations and both, the development activity must result in a relocation or elimination floodway boundaries produced on comply with the provisions of this of the special flood hazard area, FEMA flood maps and studies shall ordinance applicable to the most including the placement of culverts; take precedence over base flood ele- restrictive flood zone and the high- and vations and floodway boundaries by est base flood elevation affecting 4. Subdivision or large scale devel- any other source that reflect a any part of the existing or proposed opment proposals requiring the reduced floodway width and/or structure; or for other developments, establishment of base flood eleva- lower base flood elevations. Other affecting any part of the area of the tions in accordance with division (c) sources of data, showing increased development. of Section 3167.04. base flood elevations and/or larger (l) Substantial Damage Determi- B. It is the responsibility of the floodway areas than are shown on nations. Damages to structures may applicant to have technical data, FEMA flood maps and studies, shall result from a variety of causes required in accordance with division be reasonably used by the Flood- including flood, tornado, wind, (j)(1) of Section 3167.03 prepared in plain Administrator. heavy snow, fire, etc. After such a a format required for a Conditional (3) Use of Preliminary Flood damage event, the Floodplain Letter of Map Revision or Letter of Insurance Rate Maps and/or Flood Administrator shall: Map Revision, and submitted to Insurance Study Data: (1) Determine whether damaged FEMA. Submittal and processing A. Zone A: structures are located in special fees for these map revisions shall be 1. Within Zone A areas designat- flood hazard areas; the responsibility of the applicant. ed on an effective FIRM, data from (2) Conduct substantial damage C. The Floodplain Administrator the preliminary FIRM and/or FIS determinations for damaged struc- shall require a Conditional Letter of shall reasonably be utilized as best Map Revision prior to the issuance available data. tures located in special flood hazard of a floodplain development permit 2. When all appeals have been areas; and for: resolved and a notice of final flood (3) Require owners of substan- 1. Proposed floodway encroach- elevation determination has been tially damaged structures to obtain ments that increase the base flood provided in a Letter of Final Deter- a floodplain development permit elevation; and mination by the FEMA, BFE and prior to repair, rehabilitation, or 2. Proposed development which floodway data from the preliminary reconstruction. Additionally, the increases the base flood elevation FIRM and/or FIS shall be used for Floodplain Administrator may by more than one (1) foot in river- regulating development. implement other measures to assist ine areas where FEMA has provid- B. Zones AE, A1-30, AH, AO, VE, with the substantial damage deter- ed base flood elevations but no and V1-30: mination and subsequent repair floodway. 1. BFE and floodway data from a process. These measures include D. Floodplain development per- preliminary FIS or FIRM restudy issuing press releases, public ser- mits issued by the Floodplain are not required to be used in lieu vice announcements, and other pub- Administrator shall be conditioned of BFE and floodway data con- lic information materials related to upon the applicant obtaining a Let- tained in an existing effective FIS the floodplain development permits ter of Map Revision from FEMA for and FIRM. However, and repair of damaged structures; any development proposal subject to a. Where BFEs increase in a coordinating with other federal, division (j)(1)A. of Section 3167.03. restudied area, communities have a state, and local agencies to assist (2) Right to Submit New Techni- responsibility to ensure that new or with substantial damage determina- cal Data. The Floodplain Adminis- substantially improved structures tions; providing owners of damaged trator may request changes to any are protected. Preliminary FIS or structures materials and other infor- of the information shown on an FIRM data shall be reasonably uti- mation related to the proper repair effective map that does not impact lized in instances where BFEs of damaged structures in special floodplain or floodway delineations increase and floodways are revised flood hazard areas; and assisting or base flood elevations, such as to ensure that the health, safety, owners of substantially damaged labeling or planimetric details. Such and property of the citizens of the structures with Increased Cost of a submission shall include appropri- City of Cleveland are protected. Compliance insurance claims. ate supporting documentation made b. Where BFEs decrease, prelimi- in writing by the Mayor of the City nary FIS or FIRM data should not Section 3167.04. Use and Develop- of Cleveland and may be submitted be used to regulate floodplain devel- ment Standards for Flood Hazard at any time. opment until LFD has been issued Reduction (3) Annexation/Detachment. Upon or until all appeals have been The following use and develop- occurrence, the Floodplain Adminis- resolved. ment standards apply to develop- trator shall notify FEMA in writing 2. If a preliminary FIRM or FIS ment wholly within, partially whenever the boundaries of the City has designated floodways where within, or in contact with any spe- of Cleveland have been modified by none had previously existed, this cial flood hazard area as established annexation or the community has data must be reasonably utilized in in division (f) of Section 3167.021 or assumed authority over an area, or lieu of applying the encroachment divisions (k)(1) or (3) of Section no longer has authority to adopt and performance standard of division 3167.03. enforce floodplain management reg- (i)(2) of Section 3167.04 since the (a) Use Regulations. ulations for a particular area. In data in the draft or preliminary FIS (1) Permitted Uses. All uses not order that the City of Cleveland’s represents the best data available. otherwise prohibited in this section 1314 July 31, 2019 The City Record 143 or any other applicable land use reg- resistant to flood damage in (d)(2) apply to new construction and to ulation adopted by the City of Cleve- of this section are satisfied. substantial improvements of nonres- land are allowed provided they meet (2) New construction and sub- idential structures in zones A, A1-30, the provisions of these regulations. stantial improvements shall be con- AE, AO, and AH, when designated (b) Water and Wastewater Sys- structed with methods and materials on the FIRM, and when designated tems. The following standards apply resistant to flood damage. on a preliminary or final FIRM to all water supply, sanitary sewer- (3) New construction and sub- issued by FEMA under the circum- age and waste disposal systems in stantial improvements shall be con- stances provided in division (k)(3) the absence of any more restrictive structed with electrical, heating, of Section 3167.03. standard provided under the Ohio ventilation, plumbing and air condi- (1) New construction and sub- Revised Code or applicable state tioning equipment and other service stantial improvement of any com- rules or these Codified Ordinances: facilities that are designed and/or mercial, industrial or other (1) All new and replacement elevated so as to prevent water from nonresidential structure shall meet water supply systems shall be entering or accumulating within the the requirements of division (d)(1), designed to minimize or eliminate components during conditions of (d)(2), (d)(3), (d)(5), (d)(6), and infiltration of floodwaters into the flooding. (d)(7) of this section. systems; (4) New construction and sub- (2) New construction and sub- (2) New and replacement sanitary stantial improvement of any resi- stantial improvement of any com- sewerage systems shall be designed dential structure, including mercial, industrial or other to minimize or eliminate infiltration manufactured homes, shall have the non-residential structure shall either of flood waters into the systems and lowest floor, including basement, have the lowest floor, including discharge from the systems into elevated to or above the flood pro- basement, elevated to or above the flood waters; and tection elevation. In Zone AO areas level of the flood protection eleva- (3) On-site waste disposal systems with no elevations specified, the tion; or, together with attendant util- shall be located to avoid impairment structure shall have the lowest ity and sanitary facilities, shall to or contamination from them dur- floor, including basement, elevated meet all of the following standards: ing flooding. at least two (2) feet above the high- A. Be dry floodproofed so that the (c) Subdivisions and Other New est adjacent natural grade. structure is watertight with walls Developments. (5) New construction and sub- substantially impermeable to the (1) All subdivision proposals and stantial improvements, including passage of water to the level of the all other proposed new development manufactured homes, that do not flood protection elevation; shall be consistent with the need to have basements and that are ele- B. Have structural components minimize flood damage and are sub- vated to the flood protection eleva- capable of resisting hydrostatic and ject to all applicable standards in tion using pilings, columns, posts, or hydrodynamic loads and effects of these regulations; solid foundation perimeter walls buoyancy; and (2) All subdivision proposals and with openings to allow the auto- C. Be certified by a registered pro- all other proposed new development matic equalization of hydrostatic fessional engineer or architect, shall have public utilities and facil- pressure may have an enclosure through the use of a Federal Emer- ities such as sewer, gas, electrical, below the lowest floor provided the gency Management Agency Flood- and water systems located and con- enclosure meets the following stan- proofing Certificate, that the design structed to minimize or eliminate dards: and methods of construction are in flood damage; A. Be used only for the parking accordance with division (e)(2)A. (3) All subdivision proposals and of vehicles, building access, or stor- and (e)(2)B. all other proposed new development age; and (3) In Zone AO areas with no ele- shall have adequate drainage pro- B. Be designed and certified by a vations specified, the structure shall vided to reduce exposure to flood registered professional engineer or have the lowest floor, including damage; and architect to automatically equalize basement, elevated at least two (2) (4) In all areas of special flood hydrostatic flood forces on exterior feet above the highest adjacent nat- hazard where base flood elevation walls by allowing for the entry and ural grade. data are not available, the applicant exit of floodwaters; or (f) Accessory Structures. Struc- shall provide a hydrologic and C. Have a minimum of two (2) tures that are six hundred (600) hydraulic engineering analysis that openings on different walls having square feet or less which are used generates base flood elevations for a total net area not less than one for parking and storage only are all subdivision proposals and other (1) square inch for every square exempt from elevation or dry flood- proposed developments containing foot of enclosed area, and the bot- proofing standards within zones A, at least fifty (50) lots or five (5) tom of all such openings being no A1-30, AE, AO, and AH designated acres, whichever is less. higher than one (1) foot above on the FIRM. Such structures must (5) The applicant shall meet the grade. The openings may be meet the following standards: requirement to submit technical equipped with screens, louvers, or (1) They shall not be used for data to FEMA in division (j)(1)A.4. other coverings or devices provided human habitation; of Section 3167.03 when a hydrolog- that they permit the automatic entry (2) They shall be constructed of ic and hydraulic analysis is com- and exit of floodwaters. flood resistant materials; pleted that generates base flood (6) Manufactured homes shall be (3) They shall be constructed and elevations as required by division affixed to a permanent foundation placed on the lot to offer the mini- (c)(4) of this section. and anchored to prevent flotation, mum resistance to the flow of flood- (d) Residential Structures. The collapse or lateral movement of the waters; requirements of this division shall structure resulting from hydrody- (4) They shall be firmly anchored apply to new construction of resi- namic and hydrostatic loads, includ- to prevent flotation; dential structures and to substantial ing the effects of buoyancy. Methods (5) Service facilities such as elec- improvements of residential struc- of anchoring may include, but are trical and heating equipment shall tures in zones A, A1-30, AE, AO, and not limited to, use of over-the-top or be elevated or floodproofed to or AH, when designated on the effec- frame ties to ground anchors. above the level of the flood protective FIRM, and when designated on (7) Repair or rehabilitation of his- tion elevation; and a preliminary or final FIRM issued toric structures upon a determina- (6) They shall meet the opening by FEMA under the circumstances tion that the proposed repair or requirements of division (d)(5)C. of provided in division (k)(3) of Sec- rehabilitation will not preclude the this section; tion 3167.03. structure’s continued designation as (g) Recreational Vehicles. Recre- (1) New construction and sub- a historic structure and is the min- ational vehicles on sites within stantial improvements shall be imum necessary to preserve the his- zones A, A1-A30, AE, AO, or AH anchored to prevent flotation, col- toric character and design of the must meet at least one (1) of the lapse, or lateral movement of the structure, shall be exempt from the following standards: structure resulting from hydrody- development standards of this sec- (1) They shall not be located on namic and hydrostatic loads, includ- tion. sites in special flood hazard areas ing the effects of buoyancy. Where (8) In AO Zones and/or AH Zones, for more than one hundred eighty a structure, including its foundation new construction and substantial (180) days; or members, is elevated on fill to or improvement shall have adequate (2) They must be fully licensed above the base flood elevation, the drainage paths around structures on and ready for highway use; or requirements for anchoring and con- slopes to guide floodwaters around (3) They must be placed on the struction materials resistant to flood and away from the structure. site pursuant to a floodplain devel- damage in anchoring in divisions (e) Nonresidential Structures. The opment permit issued under divi- (d)(1) and construction materials requirements of this division shall sions (c) and (d) of Section 3167.03 1315 144 The City Record July 31, 2019 and meet all standards in division B. Development in riverine special under the circumstances provided in (d) of this section. flood hazard areas identified by division (k)(3) of Section 3167.03. (h) Gas or Liquid Storage Tanks. FEMA where base flood elevation The requirements of division (j) (1) Within zone A, A1-30, AE, AO, data are provided but no floodways also apply to development in Mod- or AH, new or substantially have been designated causing more erate Wave Action areas, within improved above ground gas or liq- than one (1) foot increase in the zone AE between a Limit of Moder- uid storage tanks shall be anchored base flood elevation may be permit- ate Wave Action and the landward to prevent flotation or lateral move- ted provided all of the following are limit of zone V or VE designated on ment resulting from hydrodynamic completed by the applicant: the effective FIRM, or between a and hydrostatic loads. 1. An evaluation of alternatives Limit of Moderate Wave Action and (2) In zones V or VE, new or sub- which would result in an increase of the offshore limit of the City of stantially improved above ground one (1) foot or less of the base flood Cleveland’s jurisdiction where zone gas or liquid storage tanks shall be elevation and an explanation why V or VE is not designated on the elevated with the bottom of the low- these alternatives are not feasible; effective FIRM. est horizontal supporting member 2. Divisions (a)(1)B.1., (a)(1)B.3, (1) All new construction and sub- above BFE on the landward side of (a)(1)B.4., and (a)(1)B.5. of Section stantial improvements shall be ele- buildings. 3167.04. vated on pilings or columns that (3) In zones V or VE, new or sub- (3) Alterations of a Watercourse. may be armored as necessary to stantially improved underground For the purpose of these regula- withstand Lake Erie ice forces so gas or liquid storage tanks must be tions, a watercourse is altered when that: installed below the lowest eroded any change occurs within its banks. A. The bottom of the lowest hori- ground elevation. The extent of the banks shall be zontal structural member supporting (i) Assurance of Flood Carrying established by a field determination the lowest floor (excluding the pil- Capacity. Pursuant to the purpose of the “bankfull stage.” The field ings or columns) is elevated to or and methods of reducing flood dam- determination of “bankfull stage” above the flood protection elevation, age stated in these regulations, the shall be based on methods present- and following additional standards are ed in Chapter 7 of the USDA Forest B. The pile or column foundation adopted to assure that the reduction Service General Technical Report and structure attached thereto is of the flood carrying capacity of RM-245, Stream Channel Reference anchored to resist floatation, col- watercourses is minimized: Sites: An Illustrated Guide to Field lapse and lateral movement due to (1) Development in Floodways. Technique or other applicable pub- the effects of wind and water loads A. In floodway areas, development lication available from a Federal, acting simultaneously on all build- shall cause no increase in flood lev- State, or other authoritative source. ing components. els during the occurrence of the For all proposed developments that 1. Water loading values shall be base flood discharge. Prior to alter a watercourse, the following those associated with the base flood. issuance of a floodplain develop- standards apply: 2. Wind loading values shall be ment permit, the applicant must sub- A. The bankfull flood carrying those defined according to the Amer- mit a hydrologic and hydraulic capacity of the altered or relocated ican Society of Civil Engineers 7-13 analysis, conducted by a registered portion of the watercourse shall not Minimum Design loads and associ- professional engineer, demonstrat- be diminished. Prior to the issuance ated criteria for buildings and other ing that the proposed development of a floodplain development permit, structures, or the current version the applicant must submit a descrip- would not result in any increase in adopted by the Ohio Board of Build- tion of the extent to which any the base flood elevation; or ing Standards. watercourse will be altered or relo- B. Development in floodway areas 3. A registered professional engi- cated as a result of the proposed causing increases in the base flood neer or architect shall develop or development, and certification by a elevation may be permitted provid- review the structural design, speci- registered professional engineer fications and plans for the con- ed all of the following are complet- that the bankfull flood carrying struction, and shall certify that the ed by the applicant: capacity of the watercourse will not design and methods of construction 1. Meet the requirements to submit be diminished; to be used are in accordance with technical data in division (j)(1) of B Adjacent communities, the U.S. accepted standards of practice for Section 3167.03; Army Corps of Engineers, and the meeting the provisions of divisions 2. An evaluation of alternatives, Ohio Department of Natural (j) (2) and (3). which would not result in increased Resources, Division of Water, must (2) All new construction and sub- base flood elevations and an expla- be notified prior to any alteration or stantial improvements shall have nation why these alternatives are relocation of a watercourse. Evi- the space below the lowest floor not feasible; dence of such notification must be either free of obstruction or con- 3. Certification that no structures submitted to the Federal Emergency structed with non-supporting break- are located in areas that would be Management Agency; away walls, open wood lattice-work, impacted by the increased base C. The applicant shall be respon- or insect screening intended to col- flood elevation; sible for providing the necessary lapse without causing collapse, dis- 4. Documentation of individual maintenance for the altered or relo- placement, or other structural legal notices to all impacted prop- cated portion of said watercourse so damage to the elevated portion of erty owners within and outside the that the flood carrying capacity will the building or supporting founda- community, explaining the impact of not be diminished. The Floodplain tion system. the proposed action on their proper- Administrator may require the per- A. For the purpose of division (j) ty; and mit holder to enter into an agree- (2), a breakaway wall shall have a 5. Concurrence of the Mayor of ment with the City of Cleveland design safe loading resistance of Cleveland and the Chief Executive specifying the maintenance respon- not less than 10 and no more than Officer of any other communities sibilities. If an agreement is 20 pounds per square foot. impacted by the proposed actions. required, it shall be made a condi- B. Use of breakaway walls which (2) Development in Riverine tion of the floodplain development exceed a design safe loading resis- Areas with Base Flood Elevations permit; tance of 20 pounds per square foot but No Floodways. D. The applicant shall meet the (either by design or where so A. In riverine special flood hazard requirements to submit technical required by these Codified Ordi- areas identified by FEMA where data in division (j)(1)A.3. of Section nances or state codes) may be per- base flood elevation data are pro- 3167.03 when an alteration of a mitted only if a registered vided but no floodways have been watercourse results in the relocation professional engineer or architect designated, the cumulative effect of or elimination of the special flood certifies that the designs proposed any proposed development, when hazard area, including the place- meet all of the following conditions: combined with all other existing ment of culverts. 1. Breakaway wall collapse shall and anticipated development, shall (j) Development Standards for result from a water load less than not increase the base flood elevation Coastal High Hazard Areas And that which would occur during the more than one (1.0) foot at any Moderate Wave Action (“MoWa”) base flood; and point. Prior to issuance of a flood- Areas. 2. The elevated portion of the plain development permit, the appli- The requirements of division (j) building and supporting foundation cant must submit a hydrologic and apply to development in coastal system shall not be subject to col- hydraulic analysis, conducted by a high hazard areas designated zone lapse, displacement, or other struc- registered professional engineer, V or VE on the effective FIRM and tural damage due to the effects of demonstrating that this standard when designated on a preliminary wind and water loads acting simul- has been met; or or final FIRM issued by FEMA taneously on all building components 1316 July 31, 2019 The City Record 145

(structural and non-structural). variance. The Appeals Board shall K. The costs of providing govern- Water loading values shall be those have the power to authorize, in spe- mental services during and after associated with the based flood. cific cases, such variances from the flood conditions, including mainte- Wind loading values shall be those standards of these regulations, not nance and repair of public utilities defined according to the American inconsistent with Federal regula- and facilities such as sewer, gas, Society of Civil Engineers 7-16 Mini- tions, as will not be contrary to the electrical, and water systems, and mum design loads and associated cri- public interest where, owning to streets and bridges. Variances shall teria for buildings and other special conditions of the lot or par- only be issued upon: structures, or equivalent standard. cel, a literal enforcement of the pro- L. A showing of good and suffi- 3. All space enclosed by break- visions of these regulations would cient cause; away walls, open wood lattice-work, result in unnecessary hardship. M. A determination that failure to or insect screening below the lowest (1) Application for a Variance. grant the variance would result in floor shall be used solely for park- A. Any owner, or agent thereof, of exceptional hardship due to the ing of vehicles, building access, or property for which a variance is physical characteristics of the prop- storage. sought shall make an application erty. Increased cost or inconve- (3) The use of fill or redistributed for a variance by filing it with the nience of meeting the requirements existing fill, placed after the intial Floodplain Administrator, who upon of these regulations does not con- identification of Zones V, VE or V1- receipt of the variance shall trans- stitute an exceptional hardship to 30 on the FIRM, for structural sup- mit it to the Appeals Board. the applicant; port of buildings is prohibited. B. Such application at a minimum N. A determination that the grant- (4) Alteration of sand dunes that shall contain the following informa- ing of a variance will not result in will increase potential flood damage tion: Name, address, and telephone increased flood heights beyond that is prohibited. number of the applicant; legal which is allowed in these regula- (5) Placement or substantial description of the property; parcel tions; additional threats to public improvement of manufactured map; description of the existing use; safety; extraordinary public homes must comply with divisions description of the proposed use; loca- expense, nuisances, fraud on or vic- (j) (1) through (5). tion of the floodplain; description of timization of the public, or conflict (6) Recreational vehicles must the variance sought; and reason for with existing local laws. either: the variance request. O. A determination that the struc- A. Be on site for few than one C. All application for a variance ture or other development is pro- hundred eighty (180) consecutive shall be accompanied by a Variance tected by methods to minimize flood days; Application Fee set in accordance damages; B. Be fully licensed and ready for with Section 329.05. P. A determination that the vari- highway use; or (2) Notice for Public Hearing. The ance is the minimum necessary, con- C. Comply with divisions (j) (1) Appeals Board shall schedule and sidering the flood hazard, to afford relief. through (5). hold a public hearing within thirty Upon consideration of the above (30) days after the receipt of an factors and the purposes of these Section 3167.05. Appeals Board application for a variance from the regulations, the Appeals Board may Established Floodplain Administrator. Prior to attach such conditions to the grant- (a) The Board of Building Stan- the hearing, a notice of such hearing of variances, as it deems neces- dards and Buildings Appeals as ing shall be given in one (1) or sary to further the purposes of these established by the Charter shall more newspapers of general circu- regulations. hear and decide appeals and lation in the community at least ten (4) Other Conditions for Vari- requests for variances from the (10) days before the date of the ances. requirements of this chapter. hearing. A. Variances shall not be issued (b) Powers and Duties. (3) Public Hearing. At such hear- within any designated floodway if (1) The Appeals Board shall hear ing the applicant shall present such any increase in flood levels during and decide appeals where it is statements and evidence as the the base flood discharge would alleged there is an error in any Appeals Board requires. In consid- result. order, requirement, decision or deter- ering such variance applications, B. Generally, variances may be mination made by the Floodplain the Appeals Board shall consider issued for new construction and sub- Administrator in the administration and make findings of fact on all stantial improvements to be erected or enforcement of these regulations. evaluations, all relevant factors, on a lot of one-half (1/2) acre or (2) Authorize variances in accor- standards specified in other sections less in size contiguous to and sur- dance with division (d) of this sec- of these regulations and the follow- rounded by lots with existing struction of these regulations. ing factors: tures constructed below the base (c) Appeals. Any person affected A. The danger that materials may flood level, providing items in divi- by any notice and order, or other be swept onto other lands to the sion (d)(3) of Section 3167.05 have official action of the Floodplain injury of others; been fully considered. As the lot Administrator may request and shall B. The danger to life and proper- size increases beyond one-half (1/2) be granted a hearing on the matter ty due to flooding or erosion dam- acre, the technical justification before the Appeals Board provided age; required for issuing the variance that such person shall file, within C. The susceptibility of the pro- increases. thirty (30) days of the date of such posed facility and its contents to C. Any applicant to whom a vari- notice and order, or other official flood damage and the effect of such ance is granted shall be given writ- action, a brief statement of the damage on the individual owner; ten notice that the structure will be grounds for such hearing or for the D. The importance of the services permitted to be built with a lowest mitigation of any item appearing on provided by the proposed facility to floor elevation below the base flood any order of the Floodplain Admin- the community; elevation and the cost of flood insur- istrator’s decision. Such appeal shall E. The availability of alternative ance will be commensurate with the be in writing, signed by the appli- locations for the proposed use that increased risk resulting from the cant, and be filed with the Flood- are not subject to flooding or ero- reduced lowest floor elevation. plain Administrator. Upon receipt of sion damage; (e) Procedure at Hearings. the appeal, the Floodplain Adminis- F. The necessity to the facility of (1) All testimony shall be given trator shall transmit said notice and a waterfront location, where applic- under oath. all pertinent information on which able; (2) A complete record of the pro- the Floodplain Administrator’s deci- G. The compatibility of the proceedings shall be kept, except con- sion was made to the Appeals posed use with existing and antici- fidential deliberations of the Board, Board. pated development; but including all documents pre- Upon receipt of the notice of H. The relationship of the pro- sented and a verbatim record of the appeal, the Appeals Board shall fix posed use to the comprehensive plan testimony of all witnesses. a reasonable time for the appeal, and floodplain management pro- (3) The applicant shall proceed give notice in writing to parties in gram for that area; first to present evidence and testi- interest, and decide the appeal with- I. The safety of access to the prop- mony in support of the appeal or in a reasonable time after it is sub- erty in times of flood for ordinary variance. mitted. and emergency vehicles; (4) The administrator may pre- (d) Variances. Any person believ- J. The expected heights, velocity, sent evidence or testimony in oppo- ing that the use and development duration, rate of rise, and sediment sition to the appeal or variance. standards of these regulations transport of the floodwaters and the (5) All witnesses shall be subject would result in unnecessary hard- effects of wave action, if applicable, to cross- examination by the adverse ship may file an application for a expected at the site; party or their counsel. 1317 146 The City Record July 31, 2019

(6) Evidence that is not admitted Section 3167.99. Violations and to assist the City with preparing the may be proffered and shall become Penalties applications needed to receive the part of the record for appeal. Violation of the provisions of grants identified in this ordinance. (7) The Board shall issue subpoe- these regulations or failure to com- The selection of the consultants nas upon written request for the ply with any of its requirements for the services shall be made by attendance of witnesses. A reason- shall be deemed to be a strict lia- the Board of Control on the nomi- able deposit to cover the cost of bility offense, and shall constitute a nation of the Director of Communi- issuance and service shall be col- first degree misdemeanor. Any per- ty Development from a list of lected in advance. son who violates these regulations qualified consultants available for (8) The Board shall prepare con- or fails to comply with any of its employment as may be determined clusions of fact supporting its deci- requirements shall upon conviction after a full and complete canvass by sion. The decision may be thereof be fined or imprisoned as the Director of Community Develop- announced at the conclusion of the provided by the laws of the city of ment for the purpose of compiling a hearing and thereafter issued in Cleveland. Each day such violation list. The compensation to be paid for writing or the decision may be continues shall be considered a sep- the services shall be fixed by the issued in writing within a reason- arate offense. Nothing herein con- Board of Control. The contract or able time after the hearing. tained shall prevent the City of contracts authorized shall be pre- (f) Appeal to the Court. Those Cleveland from taking such other pared by the Director of Law, aggrieved by the decision of the lawful action as is necessary to pre- approved by the Director of Com- Appeals Board may appeal such vent or remedy any violation. The munity Development, and certified decision to the Cuyahoga County City of Cleveland shall prosecute by the Director of Finance. Court of Common Pleas, as provided any violation of these regulations in Section 2. That the Director of in RC Chapter 2506. accordance with the penalties stat- Community Development is autho- ed herein. rized to apply for and accept the Section 3167.06. Enforcement Section 2. That Sections 3167.01 to Lead Hazard Reduction Demonstra- (a) Compliance Required. 3167.06 and 3167.99 of the Codified tion Grant in an estimated amount Ordinances of Cleveland, Ohio, 1976, (1) No structure or land shall of $9,100,000 and to apply for and as enacted by Ordinance No. 1613-10, hereafter be located, erected, con- accept the Healthy Homes Supple- passed November 29, 2010, are structed, reconstructed, repaired, ment grant in the amount of up to repealed. $600,000, and any other funds that extended, converted, enlarged or Section 3. That this ordinance is may become available during the altered without full compliance with declared to be an emergency mea- grant terms, both from the U.S. the terms of these regulations and sure and, provided it receives the Department of Housing and Urban all other applicable regulations affirmative vote of two-thirds of all Development to conduct the Lead which apply to uses within the juris- the members elected to Council, it diction of these regulations, unless shall take effect and be in force Hazard Reduction Demonstration specifically exempted from filing immediately upon its passage and and the Healthy Homes Programs; for a development permit as stated approval by the Mayor; otherwise it that the Director is authorized to in division (i) of Section 3167.03. shall take effect and be in force file all papers and execute all doc- (2) Failure to obtain a floodplain from and after the earliest period uments necessary to receive the development permit shall be a vio- allowed by law. funds under the grants; and that the lation of these regulations and shall Passed July 24, 2019. funds are appropriated for the pur- be punishable in accordance with Effective July 26, 2019. poses described in the Executive Section 3167.99. Summary contained in the file (3) Floodplain development per- below. mits issued on the basis of plans Section 3. That the Executive and applications approved by the Ord. No. 858-2019. Summary, presented to the Finance Floodplain Administrator authorize By Council Members Brancatelli Committee of this Council at a pub- only the use, and arrangement, set and Kelley (by departmental lic hearing on this legislation and forth in such approved plans and request). set forth in File No. 858-2019-A, is applications or amendments thereto. An emergency ordinance authoriz- made a part of this ordinance as if Use, arrangement, or construction ing the Director of Community fully rewritten, is approved in all contrary to that authorized shall be Development to employ one or more respects, and shall not be changed deemed a violation of these regula- professional consultants to provide without additional legislative tions and punishable in accordance grant writing services; and autho- authority. with Section 3167.99. rizing the Director of Community Section 4. That the Director of Community Development shall have (b) Notice of Violation. Whenever Development to apply for and accept the authority to extend the term of the Floodplain Administrator deter- the Lead Hazard Reduction Demon- the grants during the grant terms. mines that there has been a viola- stration Grant and the Healthy Section 5. That the Director of tion of any provision of these Homes Grant both from the U.S. Community Development shall regulations, he or she shall give Department of Housing and Urban Development; authorizing the pur- deposit the grants accepted under notice of such violation to the per- chase by one or more standard and this ordinance into a fund or funds son responsible therefore and order requirement contracts of materials, designated by the Director of compliance with these regulations equipment, supplies, and services Finance to implement the programs as hereinafter provided. Such notice necessary to implement the grants as described in the file and appro- and order shall: and for the rental of furniture and priated for those purposes. (1) Be put in writing on an appro- other household articles to supply Section 6. That the Director of priate form; and accommodate displaced persons; Community Development is autho- (2) Include a list of violations, and authorizing one or more con- rized to make one or more written referring to the section or sections tracts with various entities, agen- standard purchase and/or written of these regulations that have been cies, or individuals to implement the requirement purchase contracts violated, and order remedial action, grants. under the Charter and the Codified which, if taken, will effect compli- Whereas, this ordinance consti- Ordinances of Cleveland, Ohio, 1976, ance with the provisions of these tutes an emergency measure provid- for the period during the grant regulations; ing for the usual daily operation of terms, for each or all of the follow- (3) Specify a reasonable time for a municipal department; now, there- ing items: materials, equipment, sup- performance; fore, plies, and services needed to (4) Advise the owner, operator, or Be it ordained by the Council of implement the grant and for the occupant of the right to appeal; the City of Cleveland: rental of furniture and other house- (5) Be served on the owner, occu- Section 1. That the Director of hold articles to supply and accom- pant, or agent in person. However, Community Development is autho- modate displaced persons during this notice and order shall be rized to employ by contract or con- lead abatement performed under the deemed to be properly served upon tracts one or more consultants or grants as described in the file, to be the owner, occupant, or agent if a one or more firms of consultants for purchased by the Commissioner of copy thereof is sent by registered or the purpose of supplementing the Purchases and Supplies on a unit certified mail to the person’s last regularly employed staff of the sev- basis, for the Department of Com- known mailing address, residence, eral departments of the City of munity Development. Bids shall be or place of business, and/or a copy Cleveland in order to provide pro- taken in a manner that permits an is posted in a conspicuous place in fessional services necessary to pro- award to be made for all items as or on the dwelling affected. vide grant writing services needed a single contract, or by separate 1318 July 31, 2019 The City Record 147 contract for each or any combina- Ordinance No. 109-56, passed Febru- 06°30'04" and a chord bearing N tion of the items as the Board of ary 11, 1957, is amended to read as 26°51'19" W, 286.92 feet to the Control determines. follows: POINT OF BEGINNING, said Section 7. That the costs of the described tract containing 2.6553 contract or contracts shall be Section 559.11. German Garden Acres (115,663 Square Feet). charged against the proper appro- Commencing at a 3/4" Iron Pipe Section 2. That existing Section priation accounts and the Director Found on the Northeast Line of Mar- 559.11 of the Codified Ordinances of of Finance shall certify the amount tin Luther King Jr. Boulevard at the Cleveland, Ohio, 1976, as amended of any purchase or procurement Southwest Corner of the Lithuanian by Ordinance No. 109-56, passed Feb- under the contract, each of which Cultural Garden, also being the ruary 11, 1957, is repealed. purchases or procurements shall be Northwest Corner of the German Section 3. That the Codified Ordi- made on order of the Commissioner Cultural Garden, said point being nances of Cleveland, Ohio, 1976, are of Purchases and Supplies by a the POINT OF BEGINNING; supplemented by enacting new Sec- delivery order issued against the Thence N 61°52'46" E, along the tion 559.111 to read as follows: contract or contracts and certified southerly line of said Lithuanian by the Director of Finance. Cultural Garden a distance of 224.39 Section 559.111. Centennial Peace Section 8. That, unless expressly feet, to a point on the Southwest prohibited by the grant agreements, Plaza line of East Boulevard (80 feet under Section 108(b) of the Charter, Commencing at a 3/4" Iron Pipe wide), also being the Southeast Cor- purchases or procurements made Found on the Northeast Line of Mar- under the grant agreements may be ner of the said Lithuanian Cultural tin Luther King Jr. Boulevard at the made through cooperative arrange- Garden and the Northeast Corner of Southwest Corner of the Lithuanian ments with other governmental said German Cultural Garden; Cultural Garden, also being the agencies. The Director of Communi- Thence Southeasterly along said Northwest Corner of the German ty Development may sign all docu- Southwest line of East Boulevard, Cultural Garden, thence Southeast- ments and do all things that are 261.51 feet on a curve deflecting to erly along said Northeast line of necessary to make the purchases or the left, having a radius of 786.03 Martin Luther King Jr. Boulevard, procurements, and may enter into feet, a central angle of 19°03'45", 287.07 feet, along a curve deflecting one or more contracts with the ven- and a chord bearing S 44°02'24" E to the left, having a radius 2530.00 dors selected through that coopera- 260.31 feet to the point of reverse feet, a central angle of 06°30'04" tive process. curvature; and a chord bearing N 26°51'19" W, Section 9. That the Director of Thence continuing Southeasterly 286.92 feet, to the PLACE OF Community Development is autho- along said Southwest line of East BEGINNING; rized to enter into one or more con- Boulevard, 241.29 feet, along said Thence N 61°51'55" E, a distance tracts with or make payments to reverse curve deflecting to the right of 39.00 feet to a point; various entities, agencies, or indi- having a radius of 848.60 feet, a cen- Thence Northeasterly 35.87 feet, viduals to implement the grants as tral angle of 16°17'29" and a chord along a curve deflecting to the left, described in the file. bearing S 45°25'32" E, 240.48 feet to having a radius of 35.50 feet, a cen- Section 10. That the costs of the the Northeast Corner of the Hun- tral angle of 57°53'41" and a chord contract or contracts authorized by garian Cultural Garden also being bearing N 89°35'51" E, 34.36 feet to this ordinance and administrative Southeast Corner of said German a point of tangency; costs shall be paid from the fund or Cultural Garden; Thence N 60°39'00" E, a distance funds to which are credited the Thence S 61°51'55" W, along the of 18.50 feet to a point of curvature; grant proceeds accepted under this Northeast line of said Hungarian Thence Northeasterly 56.01 feet, ordinance, except for the profes- Cultural Garden, also being the along a curve deflecting to the sional services for grant writing Southwest line of said German Cul- authorized in Section 1 of this ordi- right, having a radius of 55.00 feet, tural Garden, a distance of 211.49 nance, which shall be paid from a central angle of 58°21'00" and a feet to the Southeast Corner of Cen- Fund No. 14 SF 043 and any prior chord bearing N 89°49'30" E, 53.62 year balances. tennial Plaza; feet to a point of tangency; Section 11. That this ordinance is Thence along the Northeasterly Thence S 61°00'00" E, a distance declared to be an emergency mea- and Northwesterly lines of said Cen- of 22.50 feet to a point of curvature; sure and, provided it receives the tennial Plaza the following 7 cours- Thence Southeasterly 22.12 feet, affirmative vote of two-thirds of all es; along a curve deflecting to the left, the members elected to Council, it Thence N 28°08'05" W, a distance having a radius of 72.50 feet, a cen- shall take effect and be in force of 117.05 feet to the point of curva- tral angle of 17°28'43" and a chord immediately upon its passage and ture of a non-tangent curve; bearing S 69°44'21" E, 22.03 feet; approval by the Mayor; otherwise it Thence Northwesterly 22.12 feet, Thence S 28°08'05" E, a distance shall take effect and be in force along said non-tangent curve of 117.05 feet, to a point on the from and after the earliest period deflecting to the right, having a Northwest Line of the Hungarian allowed by law. radius of 72.50 feet, a central angle Cultural Garden; Passed July 24, 2019. of 17°28'43" and a chord bearing N Thence S 61°51'55" W, along said Effective July 26, 2019. 69°44'21" W, 22.03 feet to a point; Northwest Line of the Hungarian Thence N 61°00'00" W, a distance Cultural Garden, a distance of 148.05 of 22.50 feet to the point of curva- feet, to a point on the aforesaid ture of a tangent curve; Northeast Line of Martin Luther Ord. No. 859-2019. Thence 56.01 feet along said curve King Jr. Boulevard; By Council Members Conwell, deflecting to the left, having a Thence Northwesterly along said Johnson and Brancatelli (by depart- radius of 55.00 feet, a central angle Northeast Line of Martin Luther mental request). of 58°21'00" and a chord bearing S King Jr. Boulevard, 193.72 feet, An emergency ordinance to amend 89°49'30" W, 53.62 feet to a point of along a curve deflecting to the Section 559.11 of the Codified Ordi- tangency; right, having a radius of 2530.00 nances of Cleveland, Ohio, 1976, as Thence S 60°39'00" W, a distance feet, a central angle of 04°23'14” amended by Ordinance No. 109-56, of 18.50 feet to the point of curva- and a chord bearing N 32°17'58" W, passed February 11, 1957, to reduce ture of a tangent curve; 193.67 feet, to the POINT OF BEGIN- the size of the German Garden; and Thence 35.87 feet along said curve to supplement the codified ordi- NING; said described tract contain- deflecting to the right, having a nances by enacting new Section ing 26,858 Sq. Ft., 0.6166 Acres. 559.111 to designate the Centennial radius of 35.50 feet, a central angle Section 4. That this ordinance is Peace Plaza at 1051 Martin Luther of 57°53'41" and a chord bearing S declared to be an emergency mea- King Jr. Drive. 89°35'51"W, 34.36 feet to a point; sure and, provided it receives the Whereas, this ordinance consti- Thence S 61°51'55" W, a distance affirmative vote of two-thirds of all tutes an emergency measure provid- of 39.00 feet to a point on said North- the members elected to Council, it ing for the usual daily operation of east Line of Martin Luther King Jr. shall take effect and be in force a municipal department; now, there- Boulevard; immediately upon its passage and fore, Thence Northwesterly along said approval by the Mayor; otherwise it Be it ordained by the Council of Northeast Line of Martin Luther shall take effect and be in force the City of Cleveland: King Jr. Boulevard 287.07 feet, from and after the earliest period Section 1. That Section 559.11 of along a non-tangent curve deflect- allowed by law. the Codified Ordinances of Cleve- ing to the right, having a radius of Passed July 24, 2019. land, Ohio, 1976, as amended by 2530.00 feet, a central angle of Effective July 26, 2019. 1319 148 The City Record July 31, 2019

Ord. No. 893-2019. Section 3. That the Director of Whereas, pursuant to Section By Council Member Hairston. Law shall prepare and approve said 675.07 of the Codified Ordinances of An emergency ordinance authoriz- contract and that the contract shall Cleveland, Ohio, 1976, (the “Codified ing and directing the Director of contain such terms and provisions Ordinances”) the consent of Council Capital Projects to issue a permit to as he deems necessary to protect the expressed by ordinance is a prereq- Famicos Foundation to stretch a City’s interest. uisite to peddling upon public rights banner at East 88th Street and St. Section 4. That this ordinance is of way outside of the Central Busi- Clair Avenue for the period from hereby declared to be an emergency ness District; and July 26, 2019 to August 11, 2019, measure and, provided it receives Whereas, Council has considered inclusive, publicizing the Glenville the affirmative vote of two-thirds of the request of Julie Nassif/Treatz Festival. all the members elected to Council, on Streetz to engage in mobile vend- Whereas, this ordinance consti- it shall take effect and be in force ing outside of the Central Business tutes an emergency measure provid- immediately upon its passage and district, and has determined that it ing for the usual daily operation of approval by the Mayor; otherwise it is in the public interest to allow a municipal department; now, there- shall take effect and be in force Julie Nassif/Treatz on Streetz to fore, from and after the earliest period engage in mobile vending in Wards Be it ordained by the Council of allowed by law. 3 and 7; and the City of Cleveland: Passed July 24, 2019. Whereas, this ordinance consti- Section 1. That notwithstanding Effective July 26, 2019. the provision of Section 623.13 of the tutes an emergency measure provid- Codified Ordinances, of Cleveland, ing for the usual daily operation of Ohio, 1976, the Director of the a municipal department; now, therefore, Department of Capital Projects is Ord. No. 895-2019. Be it ordained by the Council of hereby authorized and directed to By Council Members J. Jones, the City of Cleveland: issue a permit to Famicos Founda- Bishop, McCormack, Johnson, Grif- Section 1. That this Council con- tion to stretch a banner at East 88th fin, Polensek, Hairston, Brady, Bran- Street and St. Clair Avenue. Said sents, as required by, Section 675.08 catelli, Zone and Kazy. banner shall be approved by the of the Codified Ordinances to allow An emergency ordinance authoriz- Director of Capital Projects, in con- to Julie Nassif/Treatz on Streetz to ing the Director of the Department sultation with the Director of Pub- engage in mobile vending in the lic Safety, as to type, method of of Public Works to enter into agreement with the Cleveland Cultural public rights of way in Wards 3 and affixing and location so as not to 7. interfere with any sign erected and Gardens Federation for the One World Day Centennial Expo through Section 2. That all of the require- maintained under the requirements ments of Chapter 675 of the Codified of law or ordinance. The permission the use of Wards 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 15 and 16 Casino Revenue Ordinances shall apply to the per- of the owner of any pole from which sons named in Section 1 of this ordi- a banner will be hung must be Funds. nance. obtained prior to issuance of the Whereas, this ordinance consti- Section 3. That the privilege permit. No commercial advertising tutes an emergency measure provid- shall be printed or permitted on said ing for the usual daily operation of granted may be revoked at any time banner and said banner shall be a municipal department; now, thereby this Council. removed promptly upon the expira- fore, Section 4. That this ordinance is tion of said permit. Be it ordained by the Council of declared to be an emergency mea- Section 2. That this ordinance is the City of Cleveland: sure and, provided it receives the hereby declared to be an emergency Section 1. That the Director of the affirmative vote of two-thirds of all measure and, provided it receives Department of Public Works is here- the members elected to Council, it the affirmative vote of two-thirds of by authorized to enter into agree- shall take effect and be in force all the members elected to Council, ment effective August 1, 2019 for the immediately upon its passage and it shall take effect and be in force One World Day Centennial Expo for approval by the Mayor; otherwise, it immediately upon its passage and the public purpose of providing edu- shall take effect and be in force approval by the Mayor; otherwise, it cational programming and activities from and after the earliest period shall take effect and be in force on the diverse ethnic population and allowed by law. from and after the earliest period various cultures that are present in Passed July 24, 2019. allowed by law. the city of Cleveland through the Effective July 26, 2019. Passed July 24, 2019. use of Wards 1, 2, 3, 4, 6, 7, 8, 10, Effective July 26, 2019. 11, 12, 15 and 16 Casino Revenue Funds. Section 2. That the cost of said Ord. No. 899-2019. contract shall be in an amount not By Council Member McCormack. Ord. No. 894-2019. to exceed $8,750 and shall be paid An emergency ordinance to amend By Council Members Bishop, John- from Fund No. 10 SF 188. Section 551.22 of the Codified Ordi- son, Cleveland, Griffin, Polensek Section 3. That the Director of nances of Cleveland, Ohio, 1976, as and Conwell. Law shall prepare and approve said amended by Ordinance No. 257-2019, An emergency ordinance authoriz- contract and that the contract shall ing the Director of the Department passed June 3, 2019, relating to the contain such terms and provisions of Public Works to enter into agree- waste collection hours near residen- as he deems necessary to protect the ment with Poise Entertainment Co. tial dwelling units. City’s interest. for the Youth Music Education Pro- Whereas, this ordinance consti- Section 4. That this ordinance is gram through the use of Wards 2, 4, tutes an emergency measure provid- hereby declared to be an emergency 5, 6, 8 and 9 Casino Revenue Funds. ing for the usual daily operation of Whereas, this ordinance consti- measure and, provided it receives a municipal department; now, there- tutes an emergency measure provid- the affirmative vote of two-thirds of fore, ing for the usual daily operation of all the members elected to Council, Be it ordained by the Council of a municipal department; now, there- it shall take effect and be in force the City of Cleveland: fore, immediately upon its passage and Section 1. That Section 551.22 of Be it ordained by the Council of approval by the Mayor; otherwise it the Codified Ordinances of Cleve- the City of Cleveland: shall take effect and be in force land, Ohio 1976, as amended by Ordi- Section 1. That the Director of the from and after the earliest period nance No. 257-2019, passed June 3, allowed by law. Department of Public Works is here- 2019 is amended as follows: by authorized to enter into agree- Passed July 24, 2019. Effective July 26, 2019. ment effective June 2, 2019 with Section 551.22. Hours of Collection Poise Entertainment Co. for the and Transportation Youth Music Education Program for No person owning or driving a the public purpose of providing vehicle hauling solid waste shall music education programming to Ord. No. 896-2019. city of Cleveland youth through the By Council Members McCormack cause the collection, transportation use of Wards 2, 4, 5, 6, 8 and 9 Casi- and B. Jones. or transfer of such waste other than no Revenue Funds. An emergency ordinance authoriz- between the hours of 6:00 a.m. and Section 2. That the cost of said ing the issuance of a Mobile Permit 7:00 p.m. except that in areas with- contract shall be in an amount not to Julie Nassif/Treatz on Streetz to in 250 feet of a residential dwelling to exceed $5,000 and shall be paid engage in mobile vending in Wards unit such collection, transportation from Fund No. 10 SF 188. 3 and 7. or transfer shall begin no earlier 1320 July 31, 2019 The City Record 149 than 7:00 a.m. No collection, trans- Section 3. That this ordinance is Present: Cleveland, Vice Chair; portation or transfer shall occur on declared to be an emergency mea- Bishop, Hairston, Keane, McCorma- Saturdays after 6:00 p.m. or on Sun- sure and, provided it receives the ck. Authorized Absence: Brancatelli, days. Application for exceptions to affirmative vote of two-thirds of all Chair; B. Jones. the members elected to Council, it this provision may be made to the shall take effect and be in force Director of Public Service, on a form Development, Planning and Sus- immediately upon its passage and tainability Committee: Present: provided by the Director. Such approval by the Mayor; otherwise it Cleveland, Vice Chair; Bishop, Hair- exceptions shall be granted only shall take effect and be in force ston, Keane, McCormack. Authorized where the applicant is able to from and after the earliest period allowed by law. Absence: Brancatelli, Chair; B. demonstrate circumstances of great Jones. practical difficulty in the collection Passed July 24, 2019. Effective July 26, 2019. and transportation of solid waste in Wednesday, July 24, 2019 areas where there is heavy daytime 9:00 a.m. vehicular and pedestrian traffic and COUNCIL COMMITTEE a concentration of commercial activ- MEETINGS Committee of the Whole: Present: ity. Kelley, Chair; Bishop, Brady, Bran- Section 2. That existing Section Tuesday, July 23, 2019 catelli, Cleveland, Conwell, Griffin, 551.22 of the Codified Ordinances of 9:30 a.m. Hairston, Johnson, B. Jones, Kazy, Cleveland, Ohio 1976, as amended by Keane, McCormack, Polensek, San- Ordinance No. 257-2019, passed June Development, Planning and Sus- tana, Zone. Authorized Absence: J. 3, 2019, is repealed. tainability (Zoning) Committee: Jones.

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

Agreements

Amending Section 2 of Ordinance No. 1411-18, passed November 19, 2018 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Famicos Foundation for the Holiday Food Gift Card Program through the use of Wards 4, 7, 8, 9 and 10 Casino Revenue Funds. (O 825-2019) ...... 1215-1307 Authorizing the Clerk of Council to enter into a First Amendment to Agreement with On Technology Partners, City Contract No. PS-2019*26, to certify additional to money for the continuation of services under the agreement. (O 821-2019) ...... 1214-1306 Authorizing the Clerk of Council to enter into a First Amendment to the Agreement with Guy Gadomski, CPA, City Contract No. PS-2019*27 to extend to term of the agreement with Cleveland City Council. (O 820-2019) ...... 1214-1306 Authorizing the Clerk of Council to enter into an agreement with Saint Martin De Porres High School Work Study Program to participate as a sponsor of students for work/study positions with Cleveland City Council. (O 822-2019) ...... 1214-1306 Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 1236-1285 Authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. (O 867-2019) ...... 1180 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 1237-1290 Authorizing the Director of Public Safety to donate a vintage former Police boat known as “Jack F. Delaney” to the Cleveland Police Museum; and to enter into an agreement to make the donation. (O 881-2019) ...... 1194 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 1238-1292 1321 150 The City Record July 31, 2019

Authorizing the Director of Public Works to enter into a property adoption agreement with The Finch Group, Inc., or its designee, to maintain a new City park located at the Glenville Circle North Development; and to enter into a lease with Cleveland Citywide Development Corporation, or its designee, for restaurant use of the lower plaza portion of the new park; the term for each agreement shall be for a period of three years, and shall automatically renew annually thereafter, unless terminated by either party. (O 890-2019) ...... 1199 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 1238-1293 Authorizing the Director of the Department of Community Development to enter into an agreement with Mt. Pleasant NOW Development Corporation for the Family Unity in the Park Community Health Expo and Education Fair through the use of Wards 1, 2, 4, 5 and 6 Casino Revenue Funds. (O 824-2019) ...... 1215-1306 Authorizing the Director of the Department of Economic Development to enter into agreement with TAC Holding Co., LLC for the Tremont Animal Clinic Expansion Project through the use of Ward 14 Casino Revenue Funds. (O 830-2019) ...... 1216-1308 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Animal Protective League for the Trap Neuter Return Program through the use of Ward 14 Casino Revenue Funds. (O 829-2019) ...... 1216-1307 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Authorizing the Director of the Department of the Department of Community Development to enter into agreement with Burten, Bell, Carr Development Inc. for the Buckeye Summer Soul Series Project through the use of Ward 6 Casino Revenue Funds. (O 826-2019) ...... 1215-1307 To amend Section 135.47 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 967-91, passed June 17, 1991, relating to Emergency Medical Service clinical agreements. (O 879-2019) ...... 1194

Animal Protective League (APL)

Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Animal Protective League for the Trap Neuter Return Program through the use of Ward 14 Casino Revenue Funds. (O 829-2019) ...... 1216-1307

Appreciation

Appreciation Resolution for Annie Sue Thomas. (R 952-2019) ...... 1177 Appreciation Resolution for Bonnie VanSickle. (R 951-2019) ...... 1177 Appreciation Resolution for Rob Curry. (R 949-2019) ...... 1177 Appreciation Resolution for Tom Joyner. (R 950-2019) ...... 1177 Appreciation Resolution for Vatreisha Nyemba. (R 948-2019) ...... 1177

Banners

Board of Building Standards

To amend Sections 3167.01 to 3167.06 and 3167.99 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 1613-10, passed November 29, 2010, relating to floodplain management. (O 857-2019) ...... 1218-1309

Board of Building Standards and Building Appeals

Archwood Aenue, 4207 (Ward 14) — Amanda Peterson, owner — appeal resolved on 7/24/19 (Doc. A-99-19) ...... 1254 Auburn Avenue, 1114 (Ward 3) — Don Lutz, owner — appeal resolved on 7/24/19 (Doc. A-100-19) ...... 1254 1322 July 31, 2019 The City Record 151

Biddulph Avenue, 4591 (Ward 13) — Lion of Judah Christian Family Center, Inc., owner — appeal adopted on 7/24/19 (Doc. A-97-19)...... 1255 East 103rd Street, 2176 (Ward 6) — Felton Pitts Sr., owner — appeal resolved on 7/24/19 (Doc. A-103-19) ...... 1255 East 105th Street, 515 (Ward 9) — Joyce Hanna, owner — appeal resolved on 7/24/19 (Doc. A-108-19) ...... 1254 East 125th Street, 2792 (Ward 6) — Lorraine Johnson, owner — appeal resolved on 7/24/19 (Doc. A-93-19) ...... 1254 East 176th Street, 4067 (Ward 1) — Loretta Poindexter, owner — appeal resolved on 7/24/19 (Doc. A-104-19) ...... 1255 East 65th Street, 3872 (Ward 12) — Jacqueline A. Johns, owner — appeal adopted on 7/24/19 (Doc. A-94-19) ...... 1255 East 81st Street, 3005 (Ward 5) — Alfred Martin, owner — appeal resolved on 7/24/19 (Doc. A-107-19) ...... 1254 Eddy Road, 866 (Ward 10) — LBT Enterprises, LLC, owner — appeal resolved on 7/24/19 (Doc. A-101-19) ...... 1255 Fulton Avenue, 1776 (Ward 3) — MGB Realty Company LLC, owner — appeal resolved on 7/24/19 (Doc. A-102-19) ...... 1255 Greenwich Avenue, 11014 (Ward 2) — Carla McGugan, owner — appeal amended and adopted on 7/24/19 (Doc. A-91-19)...... 1255 Hamilton Avenue, 1459 (Ward 3) — Coyne Investments, Ltd. — appeal resolved on 7/24/19 (Doc. A-193-19) ...... 1254 Hamlen Avenue, 11818 (Ward 6) — Leon Gibson, owner — appeal resolved on 7/24/19 (Doc. A-105-19) ...... 1255 Lakeshore Avenue, 15001 (Ward 8) — Kenneth Kirkland, owner — appeal amended and adopted on 7/24/19 (Doc. A-92-19)...... 1255 West 23rd Street, 4228 (Ward 12) — Carol Hubley, owner — appeal adopted on 7/24/19 (Doc. A-90-19) ...... 1255 West 44th Street, 3445 (Ward 14) — Edgar Cartes, owner — appeal adopted on 7/24/19 (Doc. A-98-19) ...... 1255

Board of Control — Capital Projects Office

City Wards Year 2019 Construction — per Ord. 140-19 to Ronyak Paving, Inc. (BOC Res. 341-19) ...... 1243 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Glaus, Pyle, Schomer, Burns and Dehaven, Inc. dba GPD Group — Division of Engineering and Construction, Dept. of Law (BOC Res. 339-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Soil and Materials Engineers, Inc. — Division of Engineering and Construction, Dept. of Law (BOC Res. 340-19) ...... 1243

Board of Control — Community Development Department

Addison Road, 1542 (Ward 7) — PPN 106-11-015 — Darryl M. Washington and Darnell C. Washington (BOC Res. 347-19) ...... 1245 Addison Road, 1585 (Ward 7) — PPN 106-21-011 — Famicos Foundation (BOC Res. 348-19) ...... 1245 Dove Avenue, 12408 (Ward 2) — PPN 138-03-135 — Regenia J. Dunnings (BOC Res. 349-19) ...... 1245 East 115th Street, 2620 (Ward 6) — PPN 128-04-058 — lease — Frederick E. Purvis and Tiffany J. Purvis (BOC Res. 352-19) ...... 1246 East 75th Street, 3909 (Ward 12) — PPN 133-17-004 — El-Rashid Adams (BOC Res. 345-19)...... 1244 East 88th Street, 1368 (Ward 7) — PPN 107-14-065 — Emmett Coleman and Ernestine Coleman (BOC Res. 344-19) ...... 1244 East 99th Street, 4146 (Ward 2) — PPN 136-14-075 — James J. Moore, Jr. (BOC Res. 346-19) ...... 1244 Harvard Avenue, 7820 (Ward 12) — PPN 134-04-048 — Les and Darla Rutkowski (BOC Res. 351-19) ...... 1246 Madison Avenue, 7915/7919 (Ward 15) — PPN 006-04-005 — Emerald Development and Economic Network, Inc. (BOC Res. 350-19) ...... 1245 Tax policy and tax abatement program research study — per Ord. 476-2019 to The Reinvestment Fund — Dept. of Law (BOC Res. 353-19) ...... 1246

Board of Control — Engineering and Construction Division

Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Glaus, Pyle, Schomer, Burns and Dehaven, Inc. dba GPD Group — Dept. of Law, Office of Capital Projects (BOC Res. 339-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Soil and Materials Engineers, Inc. — Dept. of Law, Office of Capital Projects (BOC Res. 340-19)...... 1243

Board of Control — Finance Department

Creative writing interactive activities for youth — per Ord. 387-2019 to Lake Erie Ink: A Writing Space for Youth — Dept. of Law (BOC Res. 335-19) ...... 1242 Exercise station training and engagement — per Ord. 387-2019 to Cray Consulting Group, Inc. — Dept. of Law (BOC Res. 330-19) ...... 1241 Family workshops — per Ord. 387-2019 to Art House, Inc. — Dept. of Law (BOC Res. 327-19) ...... 1240 1323 152 The City Record July 31, 2019

Human produced power investigation with hands-on experiments — per Ord. 387-2019 to Cleveland Museum of Natural History — Dept. of Law (BOC Res. 329-19) ...... 1240 Musical performance design techniques — per Ord. 387-2019 to City Music Cleveland, Inc. — Dept. of Law (BOC Res. 328-19) ...... 1240 Photography, iConnect, and STEAM workshops — per Ord. 387-2019 to Greater Cleveland Neighborhood Centers Association — Dept. of Law (BOC Res. 332-19) ...... 1241 Sewing and entrepreneurship lessons for adults — per Ord. 387-2019 to Mary & William Association for Societal Benefit, Inc. — Dept. of Law (BOC Res. 336-19) ...... 1242 Workforce TeleStaff v6 software upgrades and technical services — per Ord. 668-18 to Kronos Incorporated — Dept. of Law (BOC Res. 326-19) ...... 1240 Working on Me workshop and Young Writer’s Club — per Ord. 387-2019 to From Me 2 U, Inc. — Dept. of Law (BOC Res. 331-19) ...... 1241 Youth Entrepreneurship education — per Ord. 387-2019 to Teen Enterprise, LLC — Dept. of Law (BOC Res. 334-19)...... 1241 Youth tutoring and homework assistance — per Ord. 387-2019 to Reach Success, Inc. — Dept. of Law (BOC Res. 333-19) ...... 1241

Board of Control — Gateway Garages

Gateway East Garage management — amend BOC Res. 141-19 — Dept. of Public Works (BOC Res. 343-19) ...... 1244

Board of Control — Land Reutilization Program

Board of Control — Land Reutilization Program (Ward 2)

Dove Avenue, 12408 (Ward 2) — PPN 138-03-135 — Regenia J. Dunnings (BOC Res. 349-19) ...... 1245 East 99th Street, 4146 (Ward 2) — PPN 136-14-075 — James J. Moore, Jr. (BOC Res. 346-19) ...... 1244

Board of Control — Land Reutilization Program (Ward 6)

East 115th Street, 2620 (Ward 6) — PPN 128-04-058 — lease — Frederick E. Purvis and Tiffany J. Purvis (BOC Res. 352-19) ...... 1246

Board of Control — Land Reutilization Program (Ward 7)

Addison Road, 1542 (Ward 7) — PPN 106-11-015 — Darryl M. Washington and Darnell C. Washington (BOC Res. 347-19) ...... 1245 Addison Road, 1585 (Ward 7) — PPN 106-21-011 — Famicos Foundation (BOC Res. 348-19) ...... 1245 East 88th Street, 1368 (Ward 7) — PPN 107-14-065 — Emmett Coleman and Ernestine Coleman (BOC Res. 344-19) ...... 1244

Board of Control — Land Reutilization Program (Ward 12)

East 75th Street, 3909 (Ward 12) — PPN 133-17-004 — El-Rashid Adams (BOC Res. 345-19)...... 1244 Harvard Avenue, 7820 (Ward 12) — PPN 134-04-048 — Les and Darla Rutkowski (BOC Res. 351-19) ...... 1246

Board of Control — Land Reutilization Program (Ward 15)

Madison Avenue, 7915/7919 (Ward 15) — PPN 006-04-005 — Emerald Development and Economic Network, Inc. (BOC Res. 350-19) ...... 1245

Board of Control — Law Department

Creative writing interactive activities for youth — per Ord. 387-2019 to Lake Erie Ink: A Writing Space for Youth — Dept. of Finance (BOC Res. 335-19) ...... 1242 Exercise station training and engagement — per Ord. 387-2019 to Cray Consulting Group, Inc. — Dept. of Finance (BOC Res. 330-19) ...... 1241 Family workshops — per Ord. 387-2019 to Art House, Inc. — Dept. of Finance (BOC Res. 327-19) ...... 1240 Human produced power investigation with hands-on experiments — per Ord. 387-2019 to Cleveland Museum of Natural History — Dept. of Finance (BOC Res. 329-19) ...... 1240 1324 July 31, 2019 The City Record 153

Kirtland Crib rehabilitation design services — per Ord. 1276-16 to CDM Smith Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 338-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Glaus, Pyle, Schomer, Burns and Dehaven, Inc. dba GPD Group — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 339-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Soil and Materials Engineers, Inc. — Division of Engineering and Construction, Office of Capital Projects (BOC Res. 340-19) ...... 1243 Musical performance design techniques — per Ord. 387-2019 to City Music Cleveland, Inc. — Dept. of Finance (BOC Res. 328-19)...... 1240 Photography, iConnect, and STEAM workshops — per Ord. 387-2019 to Greater Cleveland Neighborhood Centers Association — Dept. of Finance (BOC Res. 332-19) ...... 1241 Sewing and entrepreneurship lessons for adults — per Ord. 387-2019 to Mary & William Association for Societal Benefit, Inc. — Dept. of Finance (BOC Res. 336-19) ...... 1242 Tax policy and tax abatement program research study — per Ord. 476-2019 to The Reinvestment Fund — Dept. of Community Development (BOC Res. 353-19)...... 1246 Workforce TeleStaff v6 software upgrades and technical services — per Ord. 668-18 to Kronos Incorporated — Dept. of Finance (BOC Res. 326-19) ...... 1240 Working on Me workshop and Young Writer’s Club — per Ord. 387-2019 to From Me 2 U, Inc. — Dept. of Finance (BOC Res. 331-19)...... 1241 Youth Entrepreneurship education — per Ord. 387-2019 to Teen Enterprise, LLC — Dept. of Finance (BOC Res. 334-19) ...... 1241 Youth tutoring and homework assistance — per Ord. 387-2019 to Reach Success, Inc. — Dept. of Finance (BOC Res. 333-19) ...... 1241

Board of Control — Police Division

Record Management System and Mobile Field-Based Reporting Module maintenance and technical support services — per C.O. Sec. 181.102 to Tyler Technologies, Inc. — Dept. of Public Safety (BOC Res. 342-19) ...... 1243

Board of Control — Professional Service Contracts

Creative writing interactive activities for youth — per Ord. 387-2019 to Lake Erie Ink: A Writing Space for Youth — Depts. of Finance, Law (BOC Res. 335-19) ...... 1242 Exercise station training and engagement — per Ord. 387-2019 to Cray Consulting Group, Inc. — Depts. of Finance, Law (BOC Res. 330-19) ...... 1241 Family workshops — per Ord. 387-2019 to Art House, Inc. — Depts. of Finance, Law (BOC Res. 327-19)...... 1240 Gateway East Garage management — amend BOC Res. 141-19 — Dept. of Public Works (BOC Res. 343-19) ...... 1244 Human produced power investigation with hands-on experiments — per Ord. 387-2019 to Cleveland Museum of Natural History — Depts. of Finance, Law (BOC Res. 329-19) ...... 1240 Kirtland Crib rehabilitation design services — per Ord. 1276-16 to CDM Smith Inc. — Division of Water, Depts. of Law, Public Utilities (BOC Res. 338-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Glaus, Pyle, Schomer, Burns and Dehaven, Inc. dba GPD Group — Division of Engineering and Construction, Dept. of Law, Office of Capital Projects (BOC Res. 339-19) ...... 1242 Material testing, Geotechnical, Environmental, and General Engineering services — per Ord. 629-19 to Soil and Materials Engineers, Inc. — Division of Engineering and Construction, Dept. of Law, Office of Capital Projects (BOC Res. 340-19)...... 1243 Musical performance design techniques — per Ord. 387-2019 to City Music Cleveland, Inc. — Depts. of Finance, Law (BOC Res. 328-19) ...... 1240 Photography, iConnect, and STEAM workshops — per Ord. 387-2019 to Greater Cleveland Neighborhood Centers Association — Depts. of Finance, Law (BOC Res. 332-19) ...... 1241 Record Management System and Mobile Field-Based Reporting Module maintenance and technical support services — per C.O. Sec. 181.102 to Tyler Technologies, Inc. — Division of Police, Dept. of Public Safety (BOC Res. 342-19) ...... 1243 Sewing and entrepreneurship lessons for adults — per Ord. 387-2019 to Mary & William Association for Societal Benefit, Inc. — Depts. of Finance, Law (BOC Res. 336-19) ...... 1242 Tax policy and tax abatement program research study — per Ord. 476-2019 to The Reinvestment Fund — Depts. of Community Development, Law (BOC Res. 353-19)...... 1246 Workforce TeleStaff v6 software upgrades and technical services — per Ord. 668-18 to Kronos Incorporated — Depts. of Finance, Law (BOC Res. 326-19) ...... 1240 Working on Me workshop and Young Writer’s Club — per Ord. 387-2019 to From Me 2 U, Inc. — Depts. of Finance, Law (BOC Res. 331-19) ...... 1241 Youth Entrepreneurship education — per Ord. 387-2019 to Teen Enterprise, LLC — Depts. of Finance, Law (BOC Res. 334-19) ...... 1241 Youth tutoring and homework assistance — per Ord. 387-2019 to Reach Success, Inc. — Depts. of Finance, Law (BOC Res. 333-19) ...... 1241

Board of Control — Public Improvement Contracts

Baldwin Improvements — approve subcontractor — Contract PI 2019-011 per BOC Res. 523-18 — amend BOC Res. 151-19 — Division of Water, Dept. of Public Utilities (BOC Res. 337-19) ...... 1242 City Wards Year 2019 Construction — per Ord. 140-19 to Ronyak Paving, Inc. — Office of Capital Projects (BOC Res. 341-19) ...... 1243 1325 154 The City Record July 31, 2019

Board of Control — Public Safety Department

Record Management System and Mobile Field-Based Reporting Module maintenance and technical support services — per C.O. Sec. 181.102 to Tyler Technologies, Inc. — Division of Police (BOC Res. 342-19)...... 1243

Board of Control — Public Utilities Department

Baldwin Improvements — approve subcontractor — Contract PI 2019-011 per BOC Res. 523-18 — amend BOC Res. 151-19 — Division of Water (BOC Res. 337-19) ...... 1242 Kirtland Crib rehabilitation design services — per Ord. 1276-16 to CDM Smith Inc. — Division of Water, Dept. of Law (BOC Res. 338-19) ...... 1242

Board of Control — Public Works Department

Gateway East Garage management — amend BOC Res. 141-19 (BOC Res. 343-19) ...... 1244

Board of Control — Requirement Contracts

City Wards Year 2019 Construction — per Ord. 140-19 to Ronyak Paving, Inc. — Office of Capital Projects (BOC Res. 341-19) ...... 1243

Board of Control — Water Division

Baldwin Improvements — approve subcontractor — Contract PI 2019-011 per BOC Res. 523-18 — amend BOC Res. 151-19 — Dept. of Public Utilities (BOC Res. 337-19) ...... 1242 Kirtland Crib rehabilitation design services — per Ord. 1276-16 to CDM Smith Inc. — Depts. of Law, Public Utilities (BOC Res. 338-19) ...... 1242

Board of Zoning Appeals — Report

Columbus Road, 2175 (Ward 3) — Robert Kennedy, owner — appeal granted and adopted on 7/29/19 (Cal. 19-111) ...... 1254 East 114th Street, 1458 (Ward 9) — New Frontier Development Group, owner — appeal heard on 7/29/19 (Cal. 19-166) ...... 1253 East 162nd Street, 701 (Ward 8) — Eden Inc., owner — appeal granted and adopted on 7/29/19 (Cal. 19-143) ...... 1254 East 71st Street, 1250 (Ward 7) — Timothy Holt, owner — appeal heard on 7/29/19 (Cal. 19-152) ...... 1253 East 93rd Street, 3807 (Ward 2) — Andrico Marshall, owner — appeal heard on 7/29/19 (Cal. 19-93) ...... 1253 Euclid Avenue, 16601 (Ward 10) — Ahmad Sliman, owner — appeal granted and adopted on 7/29/19 (Cal. 19-127) ...... 1254 Herschel Court, 603 (Ward 3) — Brian Davine, owner — appeal withdrawn 7/29/19 (Cal. 19-62) ...... 1253 Meech Avenue, 10409 (Ward 2) — Number Two Grace LLC, owner — appeal withdrawn on 7/29/19 (Cal. 19-68) ...... 1253 Mt. Carmel Road, 11127 (Ward 6) — Greeners Inc. — appeal granted and adopted on 7/29/19 (Cal. 19-104) ...... 1254 Oak Park Avenue, 2417 (Ward 13) — Chester A. Arter, owner — appeal heard on 7/29/19 (Cal. 19-156) ...... 1253 Patton Road, 4190 (Ward 12) — Alexander Bryant, owner — appeal heard on 7/29/19 (Cal. 19-149) ...... 1253 West 150th Street, 4100 (Ward 16) — BFR Cleveland Office LLC, owner — appeal postponed to 9/9/19 on 7/29/19 (Cal. 19-164)...... 1254 West 20th Street, 2214 (Ward 3) — Jason Petroff & Michael Rigol, owners — appeal granted and adopted on 7/29/19 (Cal. 19-145)...... 1254 West 50th Street, 1809 (Ward 3) — Michael Rastatter, owner — appeal postponed to 9/9/19 on 7/29/19 (Cal. 19-147) ...... 1254 West 65th Street, 1258 (Ward 15) — Barabara Kightlinger, owner — appeal granted and adopted on 7/29/19 (Cal. 19-150) ...... 1254 West 65th Street, 1260 (Ward 15) — Barabar Kightlinger, owner — appeal granted and adopted on 7/29/19 (Cal. 19-151) ...... 1254

Board of Zoning Appeals — Schedule

Buckeye Road, 12716 (Ward 4) — Nabil Zayed, owner — appeal to be heard on 8/12/19 (Cal. 19-165) ...... 1251 Clark Avenue, 3815 (Ward 14) — Lorna Van Handel, owner — appeal to be heard on 8/12/19 (Cal. 19-172) ...... 1251 Clinton Avenue, 7008 (Ward 15) — Tom and Madalyn McIntyre, owners — appeal to be heard on 8/12/19 (Cal. 19-163) ...... 1251 Denison Avenue, 3294 (Ward 14) — AnhQuynh T. Dinh, owner — appeal to be heard on 8/12/19 (Cal. 19-171) ...... 1251 East 151st Street, 308 (Ward 8) — Kristian Sokolova, owner — appeal to be heard on 8/12/19 (Cal. 19-174) ...... 1251 1326 July 31, 2019 The City Record 155

West 158th Street, 4133 (Ward 17) — Mike Tabanji, owner — appeal to be heard on 8/12/19 (Cal. 19-177) ...... 1251 West 32nd Street, 1944 (Ward 3) — St. Ignatius High School, owner — appeal to be heard on 8/12/19 (Cal. 19-175) ...... 1251 West 58th Street, 1372 (Ward 15) — Jennifer Koperdak & Derek Boehm, owners — appeal to be heard on 8/12/19 (Cal. 19-169) ...... 1251 West 65th Street, 1303 (Ward 15) — II Rione, LLC, owner — appeal to be heard on 8/12/19 (Cal. 19-161) ...... 1251 Woodland Avenue, 10101 (Ward 6) — State of Ohio (Forf) Case # BR 12005687 and City of Cleveland — appeal to be heard on 8/12/19 (Cal. 19-159) ...... 1251

Bridges

Authorizing the purchase by one or more requirement contracts for labor and materials necessary to remove and replace legacy lighting and to install LED lights and fixtures on City bridges and the Wyland Whale Mural Park on North Marginal Road, and to replace decorative and special lighting on City bridges and Wyland Mural Park on North Marginal Road, including repair and maintenance services, insurance, lights, fixtures, equipment, and appurtenances, for the Division of Cleveland Public Power, Department of Public Utilities, for a period of two years with two one-year options to renew, the first of which requires additional legislative authority. (O 886-2019) ...... 1196

Building and Housing Department

To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1240 To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 1238-1299

Burke Lakefront Airport

Authorizing the Director of Port Control to enter into a Lease Agreement with Ultimate JetCharters, LLC dba Ultimate Air Shuttle, LLC for the lease of certain space located in the passenger terminal building at Burke Lakefront Airport, for the Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 876-2019) ...... 1192 Authorizing the Director of Port Control to enter into one or more contracts with Engineered Arresting Systems Corporation dba Safran Arresting Systems for professional services necessary to inspect, maintain, and repair three Engineered Materials Arresting Systems at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of one year with three one-year options to renew, the second of which requires additional legislation. (O 901-2019) ...... 1201 Authorizing the Director of Port Control to exercise the first option to renew Contract No. CT 3001, LS 2017-27 with CHA Consulting, Inc. to provide for the use and occupancy of certain space located on the second floor of the passenger terminal building at Burke Lakefront Airport. (O 875-2019) ...... 1192

Capital Projects

Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 1236-1285 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177 Declaring the intent to vacate a portion of Chadakoin Court S.E., East 59th Place, East 61st Street and East 63rd Street. (R 863-2019) ...... 1213 Declaring the intent to vacate a portion of the 1st un-named alley (10.00 feet wide) West of Bellaire Road and North of Guardian Boulevard. (R 862-2019) ...... 1213 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 1239-1260 Declaring the intent to vacate a portion of West 28th Place. (R 669-2019) ...... 1239-1260 Designating Buechner Avenue between State Road and West 41st Street with a secondary and honorary designation of “Honey Hut Ice Cream Way”. (O 900-2019) ...... 1200 Determining the method of making the public improvement of constructing, rehabilitating, renovating, replacing or otherwise improving public facilities, buildings, and other similar structures, including site improvements and appurtenances; and authorizing the Director of Public Works or Capital Projects, as appropriate, to enter into one or more public improvement contracts for the making of the improvement; enter into one or more professional services and other contracts needed to implement the improvement; to apply for and accept grants and gifts; and authorizing the direct employment of the necessary labor, for the Department of Public Works and Office of Capital Projects. (O 637-2019) ...... 1235-1267 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 1238-1298 To vacate a portion of East 6th Street. (O 861-2019) ...... 1178 To vacate a portion of East 89th Street. (O 706-2019) ...... 1236-1286 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 1236-1287 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 1236-1287 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 1236-1288

Casino Revenue Funds

Charter Review Commission

Report and Recommendations from 2018 City of Cleveland Charter Review Commission. (F 774-2019) ...... 1175

City Council

Authorizing the Clerk of Council to enter into a First Amendment to the Agreement with Guy Gadomski, CPA, City Contract No. PS-2019*27 to extend to term of the agreement with Cleveland City Council. (O 820-2019) ...... 1214-1306 Authorizing the Clerk of Council to enter into an agreement with Saint Martin De Porres High School Work Study Program to participate as a sponsor of students for work/study positions with Cleveland City Council. (O 822-2019) ...... 1214-1306

City of Cleveland Bids

E.J. Kovacic Recreation Center Improvements — Office of Capital Projects — Division of Architecture and Site Improvement — per Ord. 549-17 — bid due August 29, 2019 (advertised 7/31/2019 and 8/7/2019)...... 1259 East 131st Street Project — Office of Capital Projects — Division of Engineering and Construction — per Ord. 1104-18 — bid due August 15, 2019 (advertised 7/24/2019 and 7/31/2019)...... 1258 Fire Hydrant and Fire Hydrant Parts — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due August 21, 2019 (advertised 7/24/2019 and 7/31/2019) ...... 1259 JFK Recreation Center Roof Repair (Re-bid) — Office of Capital Projects — Division of Architecture and Site Improvement — per Ord. 648-18 — bid due August 22, 2019 (advertised 7/24/2019 and 7/31/2019)...... 1259 Large Capacity Trucks with Operators Rental — Department of Public Works — Division of Streets — per Ord. 73-19 — bid due August 16, 2019 (advertised 7/24/2019 and 7/31/2019)...... 1259 Network Infrastructure Refresh Project — Department of Port Control — Division of Airports — per Ord. 557-19 — bid due August 1, 2019 (advertised 7/24/2019 and 7/31/2019) ...... 1258 Nuisance Animal Trapping (Re-bid) — Department of Public Safety — Division of Animal Control Services — per C.O. Sec. 181.101 — bid due August 16, 2019 (advertised 7/31/2019 and 8/7/2019)...... 1259 Uniforms of Rescue and Firefighters — Department of Port Control — Division of Airports — per C.O. Sec. 181.101 — bid due August 21, 2019 (advertised 7/31/2019 and 8/7/2019) ...... 1259

City of Euclid

City Planning Commission

Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located at the terminus of Brow Avenue in the Village of Newburgh Heights to the Village of Newburgh Heights, for purposes of redevelopment. (O 22-18) ...... 1240 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of City Planning to consent to assignment of Contract No. 55936, as amended, from Omni Media Cleveland, Inc. to Lamar Advertising of Youngstown, Inc. dba Lamar Advertising of Cleveland. (O 15-18) ...... 1240 Changing The Use District Of Land On Both Sides Of E. 55th Street From Mcbride Avenue To Hamlet Avenue To Multi Family Residential (Map Change Number 2410). (O 1423-12) ...... 1239 Changing the Use, Area, & Height Districts of parcels of land South of Aspinwall Avenue to Woodworth Avenue between East 134th Street to East 152nd Street and adding an Urban Form Overlay along the major corridors within the neighborhood. (Map Change 2599) (O 648-2019) ...... 1239-1270 Changing the Use, Height and Area Districts of parcels of land south of Woodhill Avenue between East 90th Street and Martin Luther King Jr. Drive as well as adding an Urban Form Overlay along the major corridors of Shaker Boulevard, Buckeye Road, and Woodhill Road (Map Change 2591). (O 854-2019) ...... 1202 Declaring the intent to vacate a portion of Chadakoin Court S.E., East 59th Place, East 61st Street and East 63rd Street. (R 863-2019) ...... 1213 Declaring the intent to vacate a portion of the 1st un-named alley (10.00 feet wide) West of Bellaire Road and North of Guardian Boulevard. (R 862-2019) ...... 1213 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 1239-1260 Declaring the intent to vacate a portion of West 28th Place. (R 669-2019) ...... 1239-1260 Designating Buechner Avenue between State Road and West 41st Street with a secondary and honorary designation of “Honey Hut Ice Cream Way”. (O 900-2019) ...... 1200 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 1238-1298 To vacate a portion of East 6th Street. (O 861-2019) ...... 1178 1329 158 The City Record July 31, 2019

To vacate a portion of East 89th Street. (O 706-2019) ...... 1236-1286 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 1236-1287 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 1236-1287 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 1236-1288

Clerk of Council

Cleveland Clinic Foundation

Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located at the northeast corner of East 93rd Street and Chester Avenue to The Cleveland Clinic Foundation for purposes of constructing a dental clinic. (O 512-2019) ...... 1235-1267

Cleveland Foundation

Cleveland Hopkins International Airport ( CHIA )

Cleveland Metroparks District

Authorizing the Director of Public Utilities to enter into one or more agreements with the Cleveland Metropolitan Park District, or its contractor, to replace up to two water mains within their Whiskey Island Connector Trail improvement and the City’s reimbursement. (O 885-2019) ...... 1195

Cleveland Metropolitan School District

Authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. (O 867-2019) ...... 1180 Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197

Cleveland Municipal Court

Cleveland Police Foundation

Cleveland Police Museum

Cleveland Public Power ( CPP )

Codified Ordinances

To amend Section 135.47 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 967-91, passed June 17, 1991, relating to Emergency Medical Service clinical agreements. (O 879-2019) ...... 1194 To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 257-2019, passed June 3, 2019, relating to the waste collection hours near residential dwelling units. (O 899-2019) ...... 1229-1320 To amend Section 559.11 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 109 56, passed February 11, 1957, to reduce the size of the German Garden; and to supplement the codified ordinances by enacting new Section 559.111 to designate the Centennial Peace Plaza at 1051 Martin Luther King Jr. Drive. (O 859-2019) ...... 1227-1319 To amend Sections 178.03, 178.05, 178.06, and 178.07 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to the deposit and investment of City funds. (O 868-2019) ...... 1183 To amend Sections 3167.01 to 3167.06 and 3167.99 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 1613-10, passed November 29, 2010, relating to floodplain management. (O 857-2019) ...... 1218-1309 To amend Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 2797-88, passed May 8, 1989, lowering the penalties for marihuana offenses. (O 902-2019) ...... 1201 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1240 To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 1238-1299

Commemoration

Commemoration Resolution for Henry R. Stoudermire, Sr. (R 954-2019) ...... 1177 Commemoration Resolution for Yoshiko Ikuta. (R 953-2019) ...... 1177

Communications

Dedication Plat for Orville Avenue Extension, between East 103rd Street and East 105th Street. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 800-2019) ...... 1176 From Aaron Greenblatt, Counsel, Vesta Corporation. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Longfellow School, at 650 East 140th Street, in Cleveland, Ohio. (F 779-2019) ...... 1175 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of gift acceptance from UnitedHealthcare of 2,000 ear plugs values at $3,500, for personnel in City of Cleveland’s Police and Fire Divisions. (F 776-2019) ...... 1175 From Division of Treasury, Department of Finance, City of Cleveland. Statement of Cash Management and Investment Policy, (pursuant to Section 178.14 of the City of Cleveland Codified Ordinances). (O 780-2019) ...... 1175 From Jalisa Neal, Development Associate, Emerald Development & Economic Network, Inc. (EDEN). Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as EDEN Portfolio Preservation Phase V, on East 58th Street and on Wainfleet Avenue in Cleveland, Ohio; and on State Road in Parma, Ohio. (F 775-2019) ...... 1175 From Taylor Koch, Project Leader, National Church Residences. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Carnegie Tower at Fairfax, at 8920 Carnegie Avenue in Cleveland, Ohio. (F 777-2019) ...... 1175 1331 160 The City Record July 31, 2019

From Lasserre Bradley, III, Regional Vice President, Pennrose LLC. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Cedar Redevelopment Phase III, on Community College Avenue near East 28th Street, in Cleveland, Ohio. (F 778-2019) ...... 1175 Report and Recommendations from 2018 City of Cleveland Charter Review Commission. (F 774-2019) ...... 1175

Community Development

Condolences

Condolence Resolution for Allie B. Bennett. (R 912-2019) ...... 1176 Condolence Resolution for Annie Murrell. (R 910-2019) ...... 1176 Condolence Resolution for Ben S. Stefanski, II. (R 904-2019) ...... 1176 Condolence Resolution for Billy J. Tanton. (R 913-2019) ...... 1176 Condolence Resolution for Carmella Jean Fair. (R 908-2019) ...... 1176 Condolence Resolution for Cleola Luckett. (R 916-2019) ...... 1176 Condolence Resolution for Davon Brown. (R 906-2019) ...... 1176 Condolence Resolution for Ernest Wilson, Jr. (R 909-2019) ...... 1176 Condolence Resolution for Frieda Mosby. (R 905-2019) ...... 1176 Condolence Resolution for James Oryl. (R 903-2019) ...... 1176 Condolence Resolution for Jeannetta Turner Camp. (R 920-2019) ...... 1176 Condolence Resolution for Joseph “Joe the Barber” Sardelle. (R 925-2019) ...... 1176 Condolence Resolution for Joseph Ford Smith. (R 921-2019) ...... 1176 Condolence Resolution for Larry Wilson. (R 915-2019) ...... 1176 Condolence Resolution for Linda D. (nee Arnold) Figar. (R 923-2019) ...... 1176 Condolence Resolution for Margaret (nee Nunn) Miller. (R 918-2019) ...... 1176 Condolence Resolution for Mary J. Blassingale. (R 911-2019) ...... 1176 Condolence Resolution for Michael Thomas Geroge. (R 922-2019) ...... 1176 Condolence Resolution for Mike Belkin, Sr. (R 919-2019) ...... 1176 Condolence Resolution for Quandale T. Johnson. (R 917-2019) ...... 1176 Condolence Resolution for Richard “Dick” DeLisle McKeon. (R 924-2019) ...... 1176 Condolence Resolution for Thelma Henrene Adams. (R 907-2019) ...... 1176 Condolence Resolution for William Edward Johnson. (R 914-2019) ...... 1176

Congratulations

Congratulations Resolution for Duncan Mackenzie Fraser. (R 935-2019) ...... 1177 Congratulations Resolution for Elsie Turner 80th Birthday. (R 931-2019) ...... 1176 Congratulations Resolution for Gabriel A. Ortiz. (R 933-2019) ...... 1177 Congratulations Resolution for Hansie Solomon, Ford Bryson Family Reunion. (R 930-2019) ...... 1176 Congratulations Resolution for Jacob T. Tintelnot. (R 932-2019) ...... 1177 Congratulations Resolution for Luong Thi Gia Hoa Ryan. (R 939-2019) ...... 1177 Congratulations Resolution for Marshall Shorts. (R 936-2019) ...... 1177 Congratulations Resolution for Mike Troha. (R 937-2019) ...... 1177 Congratulations Resolution for Mildred Whitaker Little. (R 927-2019) ...... 1176 Congratulations Resolution for Ohio City Pizzeria. (R 934-2019) ...... 1177 Congratulations Resolution for Rev. Timothy H. Blake, Jr. (R 929-2019) ...... 1176 Congratulations Resolution for St. Jerome Catholic Church 100th Anniversary. (R 938-2019) ...... 1177 Congratulations Resolution for Wiliam Whitney. (R 926-2019) ...... 1176 Congratulations Resolution for Williams Family Reunion. (R 928-2019) ...... 1176

Contracts

Authorizing the Director of City Planning to consent to assignment of Contract No. 55936, as amended, from Omni Media Cleveland, Inc. to Lamar Advertising of Youngstown, Inc. dba Lamar Advertising of Cleveland. (O 15-18) ...... 1240 1332 July 31, 2019 The City Record 161

Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 60399 with BPDC Building Ltd., to forgive the balance of the loan payments. (O 865-2019) ...... 1179 Authorizing the Director of Port Control to enter into one or more requirement contracts without competitive bidding with Johnson Controls, Inc. for labor and materials needed to maintain, repair, and expand the fire alarm and suppression systems, including any parts, materials, equipment, supplies, services, and installation, for the various divisions of the Department of Port Control, for a period of two years, with two one-year options to renew, the first of which is exercisable with additional legislative authority. (O 679-2019) ...... 1236-1284 Authorizing the Director of Port Control to exercise the first option to renew Contract No. CT 3001, LS 2017-27 with CHA Consulting, Inc. to provide for the use and occupancy of certain space located on the second floor of the passenger terminal building at Burke Lakefront Airport. (O 875-2019) ...... 1192 Authorizing the Director of Public Health to enter into one or more contracts without competitive bidding with the Center for Disease Detection, LLC for the purchase of lab services for reproductive health clinics that are needed under the Title X grant, for the Division of Health, Department of Public Health, for a period of one year. (O 721-2019) ...... 1237-1292 Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 1239-1305 Authorizing the purchase by one or more requirement contracts for labor and materials necessary to remove and replace legacy lighting and to install LED lights and fixtures on City bridges and the Wyland Whale Mural Park on North Marginal Road, and to replace decorative and special lighting on City bridges and Wyland Mural Park on North Marginal Road, including repair and maintenance services, insurance, lights, fixtures, equipment, and appurtenances, for the Division of Cleveland Public Power, Department of Public Utilities, for a period of two years with two one-year options to renew, the first of which requires additional legislative authority. (O 886-2019) ...... 1196 Authorizing the purchase by one or more requirement contracts of hauling and disposal of water treatment plant residuals, for the Division of Water, Department of Public Utilities, for a period of two years. (O 724-2019) ...... 1238-1293 Authorizing the purchase by one or more requirement contracts of labor and materials necessary for painting and paint removal on roadways, runways and other paved surfaces, for the various divisions of the Department of Port Control, for a period of two years with two one-year options to renew, the first of which is exercisable through additional legislative authority. (O 878-2019) ...... 1193 Authorizing the purchase by one or more requirement contracts of turnout gear, for the Division of Fire, Department of Public Safety, for a term of one year, with a one-year option to renew, exercisable by the Director of Public Safety. (O 882-2019) ...... 1194 Authorizing the purchase by one or more requirement contracts of waste collection and recycling carts, for the Division of Waste Collection and Disposal, Department of Public Works, for a one year period. (O 892-2019) ...... 1200 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 1238-1295

Cooperative Agreement

Cultural Gardens

Authorizing the Director of the Department of Public Works to enter into agreement with the Cleveland Cultural Gardens Federation for the One World Day Centennial Expo through the use of Wards 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 15 and 16 Casino Revenue Funds. (O 895-2019) ...... 1229-1320 To amend Section 559.11 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 109 56, passed February 11, 1957, to reduce the size of the German Garden; and to supplement the codified ordinances by enacting new Section 559.111 to designate the Centennial Peace Plaza at 1051 Martin Luther King Jr. Drive. (O 859-2019) ...... 1227-1319 1333 162 The City Record July 31, 2019

Cuyahoga County

Cuyahoga County Board of Health

Authorizing the Director of Public Health to apply for and accept a grant from the Cuyahoga County Board of Health for the Public Health Emergency Preparedness Grant Program. (O 720-2019) ...... 1237-1291

Easements

Economic Development Department

Approving the addition of certain property to the Northeast Ohio Advanced Energy District; accepting and approving a petition and plan from a property owner in the District identifying a special energy improvement project, declaring it necessary to conduct the special energy improvement project providing for the assessment of the cost of such special energy improvement project; and authorizing the Director of Economic Development to enter into an Energy Project Cooperative Agreement and a Special Assessment Agreement to implement the project; and declaring an emergency. (O 864-2019) ...... 1179 Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 1237-1289 Authorizing the Director of Economic Development to enter into a grant agreement with Hebrew Free Loan Association, or its designee, to partially finance the creation of their Start-Up Working Capital Fund Pilot Program which will administer working capital financing loans to eligible small businesses located in/or will be located in the City of Cleveland in conjunction with the Neighborhood Retail Assistance Program and/or the Municipal Small business Initiative Program. (O 716-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. (O 867-2019) ...... 1180 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 60399 with BPDC Building Ltd., to forgive the balance of the loan payments. (O 865-2019) ...... 1179 Authorizing the Director of the Department of Economic Development to enter into agreement with TAC Holding Co., LLC for the Tremont Animal Clinic Expansion Project through the use of Ward 14 Casino Revenue Funds. (O 830-2019) ...... 1216-1308 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 1237-1288

Emergency Medical Service Division ( EMS )

Encroachments

Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177

Fairfax Renaissance Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with the Fairfax Renaissance Development Corporation for the Healthy Community Engagement Program through the use of Ward 6 Casino Revenue Funds. (O 827-2019) ...... 1215-1307

Famicos Foundation

Federal Emergency Management Agency (FEMA)

To amend Sections 3167.01 to 3167.06 and 3167.99 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 1613 10, passed November 29, 2010, relating to floodplain management. (O 857-2019) ...... 1218-1309

Finance Department

Authorizing the Director of Finance to enter into an amendment to Contract No. MA 1505 RCD 2015-93 with Webtech Wireless Inc. dba InterFleet Inc. relating to the automated vehicle locator system, for a period not to exceed one year. (O 869-2019) ...... 1185 Authorizing the Director of Finance to enter into one or more contracts with Automatic Data Processing, Inc. for professional services necessary to acquire one or more licenses for an integrated payroll and human resources information system, for check processing services, reports, training, implementation and support, for a period of one year, with a one-year option to renew, exercisable by the Director of Finance. (O 870-2019) ...... 1185 Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to lease property at 1449 West 117th Street from Montlack Realty, Co., or its designees, for the purpose of providing office space for the Adult Probation Department of the Cleveland Municipal Court, for a term of one year, with one option to renew, exercisable by the Director of Finance, on behalf of the Cleveland Municipal Court. (O 728-2019) ...... 1238-1298 From Division of Treasury, Department of Finance, City of Cleveland. Statement of Cash Management and Investment Policy, (pursuant to Section 178.14 of the City of Cleveland Codified Ordinances). (O 780-2019) ...... 1175 To amend Sections 178.03, 178.05, 178.06, and 178.07 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to the deposit and investment of City funds. (O 868-2019) ...... 1183 To amend Sections 6, 26, 27, 31, 32, 34, 36, 38, 48, 49 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 871-2019) ...... 1185

Fire Division

Authorizing the purchase by one or more requirement contracts of turnout gear, for the Division of Fire, Department of Public Safety, for a term of one year, with a one-year option to renew, exercisable by the Director of Public Safety. (O 882-2019) ...... 1194 Oath of Office for Brian Besserer, Captain of Fire, City of Cleveland. (F 781-2019) ...... 1176 Oath of Office for Joseph Allen Konys, Lieutenant of Fire, City of Cleveland. (F 784-2019) ...... 1176 Oath of Office for Kenneth Maurice Robertson, Lieutenant of Fire, City of Cleveland. (F 786-2019) ...... 1176 Oath of Office for Matthew Holian, Lieutenant of Fire, City of Cleveland. (F 783-2019) ...... 1176 Oath of Office for Raymond Andrew Marotta, Captain of Fire, City of Cleveland. (F 785-2019) ...... 1176 Oath of Office for Robert Kennedy DiSanto, Lieutenant of Fire, City of Cleveland. (F 782-2019) ...... 1176 Oath of Office for Samuel DeVito, Jr., Captain of Fire, City of Cleveland. (F 798-2019) ...... 1176 Oath of Office for Stanley Anthony Stone, III, Captain of Fire, City of Cleveland. (F 787-2019) ...... 1176 1335 164 The City Record July 31, 2019

Gifts

Authorizing the Director of Public Safety to donate a vintage former Police boat known as “Jack F. Delaney” to the Cleveland Police Museum; and to enter into an agreement to make the donation. (O 881-2019) ...... 1194 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of gift acceptance from UnitedHealthcare of 2,000 ear plugs values at $3,500, for personnel in City of Cleveland’s Police and Fire Divisions. (F 776-2019) ...... 1175

Grant Agreement

Grants

Authorizing the Director of Aging to apply for and accept a grant from the Cleveland Foundation to place a fellow in the Department of Aging for the Age Friendly Cleveland plan. (O 855-2019) ...... 1218-1309 Authorizing the Director of Aging to apply for and accept one or more grants from the Western Reserve Area Agency on Aging for 2020-21 Western Reserve Area Agency on Aging Programs, including Supportive Services and Aging and Disability Resource Center Programs; and authorizing the director to accept gifts from any public or private entity for the purposes of this grant. (O 856-2019) ...... 1177 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of Community Development to employ one or more professional consultants to provide grant writing services; and authorizing the Director of Community Development to apply for and accept the Lead Hazard Reduction Demonstration Grant and the Healthy Homes Grant both from the U.S. Department of Housing and Urban Development; authorizing the purchase by one or more standard and requirement contracts of materials, equipment, supplies, and services necessary to implement the grants and for the rental of furniture and other household articles to supply and accommodate displaced persons; and authorizing one or more contracts with various entities, agencies, or individuals to implement the grants. (O 858-2019) ...... 1227-1318 Authorizing the Director of Economic Development to apply for and accept grants from CoBank and Farm Credit Mid America, and/or their designees, for the Gardening for Greenbacks Program; and authorizing the Director to enter into one or more contracts with small businesses, merchants, or local farmers to implement the grant. (O 715-2019) ...... 1237-1290 Authorizing the Director of Public Health to apply for and accept a grant from the Ohio Department of Health for the Cities Readiness Initiative Program. (O 719-2019) ...... 1237-1291 Authorizing the Director of Public Health to enter into one or more contracts without competitive bidding with the Center for Disease Detection, LLC for the purchase of lab services for reproductive health clinics that are needed under the Title X grant, for the Division of Health, Department of Public Health, for a period of one year. (O 721-2019) ...... 1237-1292 Authorizing the Director of Public Safety to apply for and accept a grant from the Cleveland Police Foundation to conduct a two year Gun Fire Sensor Technology Pilot Program in the Fourth District; and authorizing the director to enter into one or more professional services contract to implement the grant. (O 880-2019) ...... 1194 Authorizing the Director of Public Works to apply for and accept one or more grants or gifts from the State of Ohio, Federal entities, and/or any public or private entity for the design, construction, and maintenance of Canal Basin Park, including modifying the existing parking lot and installing site improvements; determining the method of making the public improvement; authorizing contracts to construct and design the improvement; and authorizing any other agreements and contracts that are necessary to implement the project. (O 887-2019) ...... 1196 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 1238-1293

Greater Cleveland Media Development Corporation

Authorizing the Director of Economic Development to enter into a grant agreement with the Greater Cleveland Media Development Corporation dba Greater Cleveland Film Commission, or its designee, to assist with the general operating expenses of the organization. (O 717-2019) ...... 1237-1291 1336 July 31, 2019 The City Record 165

Health Department

Authorizing the Director of Public Health to apply for and accept a grant from the Ohio Department of Health for the Cities Readiness Initiative Program. (O 719-2019) ...... 1237-1291 Authorizing the Director of Public Health to enter into one or more contracts without competitive bidding with the Center for Disease Detection, LLC for the purchase of lab services for reproductive health clinics that are needed under the Title X grant, for the Division of Health, Department of Public Health, for a period of one year. (O 721-2019) ...... 1237-1292 Calling upon health organizations including hospitals and providers of Medicaid services to guarantee that Cleveland area infants and children under age six are screened and tested for lead to help prevent lead poisoning. (R 748-2019) ...... 1239-1261 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1240

Hermes Sports & Events, Inc.

Consenting and approving the issuance of a permit for the annual Fox 8 Fox Trot event, on August 25, 2019, managed by Hermes Sports & Events. (O 835-2019) ...... 1217-1309 Consenting and approving the issuance of a permit for the OROC event, on August 3, 2019, managed by Hermes Sports & Events. (O 836-2019) ...... 1217-1309

Holiday Food Gift Card Program

Housing and Urban Development (HUD)

Authorizing the Director of Community Development to employ one or more professional consultants to provide grant writing services; and authorizing the Director of Community Development to apply for and accept the Lead Hazard Reduction Demonstration Grant and the Healthy Homes Grant both from the U.S. Department of Housing and Urban Development; authorizing the purchase by one or more standard and requirement contracts of materials, equipment, supplies, and services necessary to implement the grants and for the rental of furniture and other household articles to supply and accommodate displaced persons; and authorizing one or more contracts with various entities, agencies, or individuals to implement the grants. (O 858-2019) ...... 1227-1318

Human Resources Department

Authorizing the Director of Human Resources to employ one or more professional consultants for the administration of Family and Medical Leave Act benefits for City employees, for a period of one year, with two one-year options to renew, exercisable by the Director of Human Resources. (O 873-2019) ...... 1192 Authorizing the Director of Human Resources to exercise the second option to renew Contract No. CT 0402, PS 2017-227 with The Fedeli Group to analyze health care providers, benefits, and claims, and to evaluate proposals received for benefit management services, among other things. (O 872-2019) ...... 1192 To amend Sections 6, 26, 27, 31, 32, 34, 36, 38, 48, 49 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 871-2019) ...... 1185

Lead Safe

Calling upon health organizations including hospitals and providers of Medicaid services to guarantee that Cleveland area infants and children under age six are screened and tested for lead to help prevent lead poisoning. (R 748-2019) ...... 1239-1261 To repeal various sections of Chapters 365 and 240 of the Codified Ordinances of Cleveland Ohio, 1976 as amended by various ordinances and to supplement the Codified Ordinances by enacting new Sections 365.01 through 365.09, 240.01, 240.08, and 240.09, and by amending Sections 240.03, 240.05, 240.06, 240.07, 367.12, 367.99, 371.01, 375.08, and 3107.06, as amended by various ordinances, related to rental registration, certain residential rental units required to be certified lead safe, lead hazards and lead poisoning prevention. (O 747-2019) ...... 1238-1299

Lease Agreement

Leases

Authorizing the Director of Finance, on behalf of the Cleveland Municipal Court, to lease property at 1449 West 117th Street from Montlack Realty, Co., or its designees, for the purpose of providing office space for the Adult Probation Department of the Cleveland Municipal Court, for a term of one year, with one option to renew, exercisable by the Director of Finance, on behalf of the Cleveland Municipal Court. (O 728-2019) ...... 1238-1298 Authorizing the Director of Public Works to enter into a property adoption agreement with The Finch Group, Inc., or its designee, to maintain a new City park located at the Glenville Circle North Development; and to enter into a lease with Cleveland Citywide Development Corporation, or its designee, for restaurant use of the lower plaza portion of the new park; the term for each agreement shall be for a period of three years, and shall automatically renew annually thereafter, unless terminated by either party. (O 890-2019) ...... 1199 Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197 Authorizing the Director of Public Works to lease certain property located at 14550 Lorain Avenue from Beth Hanna LLC, for the purpose of providing a base of operations for services provided in the northwest section of the City, for a term of five years, with three one-year options to renew, exercisable by the Director of Public Works. (O 888-2019) ...... 1197 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 1238-1295

Liquor Permits

#0007783. Transfer of Ownership Application, C1 C2. A and H Distributor LLC, 2136 West 98th St. (Ward 15). (F 818-2019) ...... 1176 #0764978. New License Application, D3A. Blackwing LLC, 1050 East 9th St. (Ward 3). (F 802-2019) ...... 1176 #0764978. Transfer of License Application, D2 D2X D3. Blackwing LLC, 1050 East 9th St. (Ward 3). (F 801-2019) ...... 1176 #0771354. Transfer of Ownership Application, D5 D6. BD Hospitality LLC, 2082 East 4th Street and 323 Prospect Ave. (Ward 3). (F 803-2019) ...... 1176 #1545224. Transfer of License Application, D1 D2 D3 D3A D6. Cleveland Mofongo LLC, 11619 Lorain Ave. (Ward 11). (F 811-2019) ...... 1176 #22348151601. Transfer of Location Application, C1. Dolgen Midwest LLC, 3170 East 91st St. (F 813-2019) ...... 1176 #2290931. Transfer of Ownership Application, C2 C2X. Downtown USA LLC, 1283 East 17th St. (Ward 3). (F 816-2019) ...... 1176 #2964300. Transfer of Ownership Application, C2 C2X. Fuel Point Gas, Inc., 1930 East 79th St. (Ward 7). (F 817-2019) ...... 1176 #3452641. Stock Application, C1 C2. Gurdev, Inc., 7401 05 Central Ave. (Ward 5). (F 806-2019) ...... 1176 #5239236. Transfer of Ownership Application, D1 D2 D3 D6. Little Rose LLC, 14206 Lorain Ave. (Ward 16). (F 807-2019) ...... 1176 #6599810. Stock Application, D2 D2X D3 D6. Otani Noodle Downtown, Inc., 234 Euclid Ave. (Ward 3). (F 808-2019) ...... 1176 #6968876. New License Application, D5. Plum Cafe LLC, 4133 Lorain Ave. (Ward 3). (F 815-2019) ...... 1176 #7345605. Transfer of License Application, C2 C2X. Riaz Corp., 5910 Detroit Ave. (Ward 15). (F 814-2019) ...... 1176 #7731346. Economic Development Transfer Application, D1 D2 D3 D3A D6. Sandoval Corp., 2661-69 West 14th St. (Ward 3). (F 819-2019) ...... 1176 #8108056. Transfer of Ownership Application, C1 C2. Shines Bait & Tackle LLC, 1287 East 55th St. (Ward 10). (F 812-2019) ...... 1176 #8625138. Economic Development Transfer Application, D1 D2 D3. Storybox Co., 4601 Payne Ave. (Ward 7). (F 804-2019) ...... 1176 #8625138. New License Application, D3A D6. Storybox Co., 4601 Payne Ave. (Ward 7). (F 810-2019) ...... 1176 #8795546. Transfer of Ownership Application, D1 D2 D3 D3A. Tangier Hospitality Group, 779-783 East 185th St. (Ward 8). (F 805-2019) ...... 1176 #9115175. Liquor Agency Contract Application. 2747 Food, Inc., 2747 Cedar Ave. (Ward 5). (F 809-2019) ...... 1176 Objecting to the renewal of a C2 and C2X Liquor Permit at 4025 East 131st Street. (R 897-2019) ...... 1235-1266 Objecting to the renewal of a D1 and D2 Liquor Permit at 3203 West 25th Street. (R 847-2019) ...... 1233-1264 Objecting to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit at 1311 East 49th Street, 1st floor. (R 844-2019) ...... 1232-1263 Objecting to the renewal of a D2, D2X, D3 and D3A Liquor Permit at 4005-07 East 131st Street and patio. (R 898-2019) ...... 1235-1267 Objecting to the renewal of a D5 and D6 Liquor Permit at 12524 Lorain Avenue, 1st floor and basement. (R 851-2019) ...... 1234-1265 1338 July 31, 2019 The City Record 167

Objecting to the renewal of a D5 Liquor Permit at 4488 State Road, 1st floor and basement. (R 846-2019) ...... 1232-1264 Objecting to the transfer of liquor license of a C1 Liquor Permit to 3170 East 91st Street. (R 840-2019) ...... 1230-1262 Objecting to the transfer of ownership of a C1 and C2 Liquor Permit to 1287 East 55th Street. (R 845-2019) ...... 1232-1264 Objecting to the transfer of ownership of a C2 and C2X Liquor Permit to 1930 East 79th Street, North Unit. (R 843-2019) ...... 1231-1263 Objecting to the transfer of stock of a C1 and C2 Liquor Permit to 7401-05 Central Avenue, 1st floor and basement. (R 839-2019) ...... 1230-1262 Objecting to the transfer of stock of a D5 and D6 Liquor Permit to 2549 St. Clair Avenue, 1st floor and basement. (R 842-2019) ...... 1231-1263 Objecting to the TREX transfer of a D5 and D6 Liquor Permit to 15609 15813 Lorain Road. (R 853-2019) ...... 1234-1266 Withdrawing objection to a New C1 Liquor Permit at 11491 Buckeye Road and repealing Resolution No. 101-18 objecting to said permit. (R 841-2019) ...... 1231-1262 Withdrawing objection to a New C1 Liquor Permit at 3040 Fulton Road and repealing Resolution No. 789-18 objecting to said permit. (R 848-2019) ...... 1233-1265 Withdrawing objection to a New C1 Liquor Permit at 3545 Ridge Road and repealing Resolution No. 759-18 objecting to said permit. (R 849-2019) ...... 1233-1265 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 332-2019 objecting to said permit. (R 837-2019) ...... 1229-1261 Withdrawing objection to the transfer of stock of a D5 and D6 Liquor Permit at 1392 West 6th Street, 1st & 2nd floors, basement and patio and repealing Resolution No. 267-2019, objecting to said transfer. (R 838-2019) ...... 1230-1262

Loan Agreement

Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 1237-1289

Loans

Authorizing the Director of Economic Development to enter into a grant agreement with Hebrew Free Loan Association, or its designee, to partially finance the creation of their Start-Up Working Capital Fund Pilot Program which will administer working capital financing loans to eligible small businesses located in/or will be located in the City of Cleveland in conjunction with the Neighborhood Retail Assistance Program and/or the Municipal Small business Initiative Program. (O 716-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into an agreement with the National Development Council, or its designee, to provide economic development assistance to provide partial funding of the Capital Access Fund of Greater Cleveland. (O 714-2019) ...... 1237-1290 Authorizing the Director of Economic Development to enter into an amendment to Contract No. 60399 with BPDC Building Ltd., to forgive the balance of the loan payments. (O 865-2019) ...... 1179

Marihuana

To amend Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 279- 88, passed May 8, 1989, lowering the penalties for marihuana offenses. (O 902-2019) ...... 1201

Mt. Pleasant Now Development Corporation

Northeast Ohio Advanced Energy District ( NEORSD )

Northeast Ohio Regional Sewer District

Authorizing the Director of Public Utilities to enter into one or more agreements with the Northeast Ohio Regional Sewer District concerning local sewer cleaning and material disposal in the Old Denison Road and Beltline sewer areas and for the removal and replacement of trees, fences and other encroachments along the Euclid Creek; and authorizing any agreement necessary to complete the work, including agreements with property owners. (O 883-2019) ...... 1195

Oath of Office

Oath of Office for Brian Besserer, Captain of Fire, City of Cleveland. (F 781-2019) ...... 1176 Oath of Office for David Gatian, Police Review Board Member, City of Cleveland. (F 799-2019) ...... 1176 Oath of Office for Heather Miksch, Lieutenant of Police, City of Cleveland. (F 794-2019) ...... 1176 Oath of Office for Jennifer O’Shea, Lieutenant of Police, City of Cleveland. (F 795-2019) ...... 1176 Oath of Office for John Farnsworth, Lieutenant of Police, City of Cleveland. (F 789-2019) ...... 1176 Oath of Office for Joseph Allen Konys, Lieutenant of Fire, City of Cleveland. (F 784-2019) ...... 1176 Oath of Office for Kenneth Maurice Robertson, Lieutenant of Fire, City of Cleveland. (F 786-2019) ...... 1176 Oath of Office for Kevin Kincaid, Jr., Lieutenant of Police, City of Cleveland. (F 790-2019) ...... 1176 Oath of Office for Mark Maguth, Lieutenant of Police, City of Cleveland. (F 792-2019) ...... 1176 Oath of Office for Matthew Holian, Lieutenant of Fire, City of Cleveland. (F 783-2019) ...... 1176 Oath of Office for Michael Dunst, Lieutenant of Police, City of Cleveland. (F 788-2019) ...... 1176 Oath of Office for Raymond Andrew Marotta, Captain of Fire, City of Cleveland. (F 785-2019) ...... 1176 Oath of Office for Robert Kennedy DiSanto, Lieutenant of Fire, City of Cleveland. (F 782-2019) ...... 1176 Oath of Office for Ronald Weber, Lieutenant of Police, City of Cleveland. (F 797-2019) ...... 1176 Oath of Office for Samuel DeVito, Jr., Captain of Fire, City of Cleveland. (F 798-2019) ...... 1176 Oath of Office for Shawn Smith, Lieutenant of Police, City of Cleveland. (F 796-2019) ...... 1176 Oath of Office for Stanley Anthony Stone, III, Captain of Fire, City of Cleveland. (F 787-2019) ...... 1176 Oath of Office for Timothy Maffo Judd, Lieutenant of Police, City of Cleveland. (F 791-2019) ...... 1176 Oath of Office for Zina Martinez, Lieutenant of Police, City of Cleveland. (F 793-2019) ...... 1176

Ohio Department of Public Health

Ohio Environmental Protection Agency ( EPA )

Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 1238-1293

Ohio Housing Finance Agency

From Aaron Greenblatt, Counsel, Vesta Corporation. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Longfellow School, at 650 East 140th Street, in Cleveland, Ohio. (F 779-2019) ...... 1175 From Jalisa Neal, Development Associate, Emerald Development & Economic Network, Inc. (EDEN). Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as EDEN Portfolio Preservation Phase V, on East 58th Street and on Wainfleet Avenue in Cleveland, Ohio; and on State Road in Parma, Ohio. (F 775-2019) ...... 1175 From Taylor Koch, Project Leader, National Church Residences. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Carnegie Tower at Fairfax, at 8920 Carnegie Avenue in Cleveland, Ohio. (F 777-2019) ...... 1175 From Lasserre Bradley, III, Regional Vice President, Pennrose LLC. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Cedar Redevelopment Phase III, on Community College Avenue near East 28th Street, in Cleveland, Ohio. (F 778-2019) ...... 1175

Parks

Peddlers

Authorizing the issuance of a Mobile Permit to Julie Nassif/Treatz on Streetz to engage in mobile vending in Wards 3 and 7. (O 896-2019) ...... 1229-1320 Authorizing the issuance of a Mobile Permit to Ru El Sailor, Jr./Comma Club to engage in mobile vending in Ward 2. (O 834-2019) ...... 1217-1308

Permits

Authorizing and directing the Director of Capital Projects to issue a permit to Famicos Foundation to stretch a banner at East 88th Street and St. Clair Avenue for the period from July 26, 2019 to August 11, 2019, inclusive, publicizing the Glenville Festival. (O 893-2019) ...... 1228-1320 Authorizing and directing the Director of Capital Projects to issue a permit to Neighbor to Neighbor Community Group to stretch two banners at East 115th Street and Wade Park Avenue and East 108th Street and Wade Park Avenue for the period from August 10, 2019 to September 9, 2019, inclusive, publicizing the Community Heritage Street Festival. (O 833-2019) ...... 1217-1308 Authorizing and directing the Director of Capital Projects to issue a permit to the Ward 7 Brighter Day Community Festival Committee to stretch four banners at East 55th Street and Superior Avenue; Ansel Road and Superior Avenue; East 79th Street and Hough Avenue; and at East 89th Street and Hough Avenue, for the period from July 25, 2019 to August 24, 2019, inclusive, publicizing the 2019 Brighter Day in Ward 7 Community Festival. (O 832-2019) ...... 1216-1308 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 1236-1286 Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177 Authorizing the issuance of a Mobile Permit to Julie Nassif/Treatz on Streetz to engage in mobile vending in Wards 3 and 7. (O 896-2019) ...... 1229-1320 Authorizing the issuance of a Mobile Permit to Ru El Sailor, Jr./Comma Club to engage in mobile vending in Ward 2. (O 834-2019) ...... 1217-1308 Consenting and approving the issuance of a permit for the annual Fox 8 Fox Trot event, on August 25, 2019, managed by Hermes Sports & Events. (O 835-2019) ...... 1217-1309 Consenting and approving the issuance of a permit for the OROC event, on August 3, 2019, managed by Hermes Sports & Events. (O 836-2019) ...... 1217-1309

Plats

Police Division

Oath of Office for Heather Miksch, Lieutenant of Police, City of Cleveland. (F 794-2019) ...... 1176 Oath of Office for Jennifer O’Shea, Lieutenant of Police, City of Cleveland. (F 795-2019) ...... 1176 Oath of Office for John Farnsworth, Lieutenant of Police, City of Cleveland. (F 789-2019) ...... 1176 Oath of Office for Kevin Kincaid, Jr., Lieutenant of Police, City of Cleveland. (F 790-2019) ...... 1176 Oath of Office for Mark Maguth, Lieutenant of Police, City of Cleveland. (F 792-2019) ...... 1176 Oath of Office for Michael Dunst, Lieutenant of Police, City of Cleveland. (F 788-2019) ...... 1176 Oath of Office for Ronald Weber, Lieutenant of Police, City of Cleveland. (F 797-2019) ...... 1176 Oath of Office for Shawn Smith, Lieutenant of Police, City of Cleveland. (F 796-2019) ...... 1176 Oath of Office for Timothy Maffo Judd, Lieutenant of Police, City of Cleveland. (F 791-2019) ...... 1176 Oath of Office for Zina Martinez, Lieutenant of Police, City of Cleveland. (F 793-2019) ...... 1176

Police Review Board

Oath of Office for David Gatian, Police Review Board Member, City of Cleveland. (F 799-2019) ...... 1176

Port Control Department

Authorizing the Director of Port Control to employ one or more professional consultants to provide pavement management services, on an as needed basis, for a period of one year, with three one-year options to renew, the second of which requires additional legislative authority. (O 877-2019) ...... 1193 Authorizing the Director of Port Control to enter into a Lease Agreement with Ultimate JetCharters, LLC dba Ultimate Air Shuttle, LLC for the lease of certain space located in the passenger terminal building at Burke Lakefront Airport, for the Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 876-2019) ...... 1192 1341 170 The City Record July 31, 2019

Authorizing the Director of Port Control to enter into one or more contracts with Engineered Arresting Systems Corporation dba Safran Arresting Systems for professional services necessary to inspect, maintain, and repair three Engineered Materials Arresting Systems at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of one year with three one-year options to renew, the second of which requires additional legislation. (O 901-2019) ...... 1201 Authorizing the Director of Port Control to enter into one or more requirement contracts without competitive bidding with Johnson Controls, Inc. for labor and materials needed to maintain, repair, and expand the fire alarm and suppression systems, including any parts, materials, equipment, supplies, services, and installation, for the various divisions of the Department of Port Control, for a period of two years, with two one-year options to renew, the first of which is exercisable with additional legislative authority. (O 679-2019) ...... 1236-1284 Authorizing the Director of Port Control to exercise the first option to renew Contract No. CT 3001, LS 2017-27 with CHA Consulting, Inc. to provide for the use and occupancy of certain space located on the second floor of the passenger terminal building at Burke Lakefront Airport. (O 875-2019) ...... 1192 Authorizing the Director of Port Control to exercise the second option to renew Contract No. CT 3001 PS 2017 191 with Airports Council International to provide customer service satisfaction surveys, data collection, reporting, and benchmarking, and similar type services for the Department of Port Control. (O 874-2019) ...... 1192 Authorizing the purchase by one or more requirement contracts of labor and materials necessary for painting and paint removal on roadways, runways and other paved surfaces, for the various divisions of the Department of Port Control, for a period of two years with two one-year options to renew, the first of which is exercisable through additional legislative authority. (O 878-2019) ...... 1193

Professional Services

Determining the method of making the public improvement of tearing down and removing the radio tower and associated buildings on the Tree Farm Property in Brecksville, and removing shelters at two other radio tower locations and restoring land in all locations; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; authorizing professional services to design; and authorizing the purchase by one or more contracts of labor and materials necessary to implement this ordinance, for the Department of Public Utilities. (O 723-2019) ...... 1238-1292

Professional Services Contracts

Authorizing the Clerk of Council to enter into a First Amendment to Agreement with On Technology Partners, City Contract No. PS-2019*26, to certify additional to money for the continuation of services under the agreement. (O 821-2019) ...... 1214-1306 Authorizing the Clerk of Council to enter into a First Amendment to the Agreement with Guy Gadomski, CPA, City Contract No. PS-2019*27 to extend to term of the agreement with Cleveland City Council. (O 820-2019) ...... 1214-1306 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of Community Development to employ one or more professional consultants to provide grant writing services; and authorizing the Director of Community Development to apply for and accept the Lead Hazard Reduction Demonstration Grant and the Healthy Homes Grant both from the U.S. Department of Housing and Urban Development; authorizing the purchase by one or more standard and requirement contracts of materials, equipment, supplies, and services necessary to implement the grants and for the rental of furniture and other household articles to supply and accommodate displaced persons; and authorizing one or more contracts with various entities, agencies, or individuals to implement the grants. (O 858-2019) ...... 1227-1318 Authorizing the Director of Finance to enter into an amendment to Contract No. MA 1505 RCD 2015-93 with Webtech Wireless Inc. dba InterFleet Inc. relating to the automated vehicle locator system, for a period not to exceed one year. (O 869-2019) ...... 1185 Authorizing the Director of Finance to enter into one or more contracts with Automatic Data Processing, Inc. for professional services necessary to acquire one or more licenses for an integrated payroll and human resources information system, for check processing services, reports, training, implementation and support, for a period of one year, with a one-year option to renew, exercisable by the Director of Finance. (O 870-2019) ...... 1185 Authorizing the Director of Human Resources to employ one or more professional consultants for the administration of Family and Medical Leave Act benefits for City employees, for a period of one year, with two one-year options to renew, exercisable by the Director of Human Resources. (O 873-2019) ...... 1192 Authorizing the Director of Human Resources to exercise the second option to renew Contract No. CT 0402, PS 2017-227 with The Fedeli Group to analyze health care providers, benefits, and claims, and to evaluate proposals received for benefit management services, among other things. (O 872-2019) ...... 1192 Authorizing the Director of Port Control to employ one or more professional consultants to provide pavement management services, on an as needed basis, for a period of one year, with three one-year options to renew, the second of which requires additional legislative authority. (O 877-2019) ...... 1193 1342 July 31, 2019 The City Record 171

Authorizing the Director of Port Control to enter into one or more contracts with Engineered Arresting Systems Corporation dba Safran Arresting Systems for professional services necessary to inspect, maintain, and repair three Engineered Materials Arresting Systems at Cleveland Hopkins International Airport and Burke Lakefront Airport, for a period of one year with three one-year options to renew, the second of which requires additional legislation. (O 901-2019) ...... 1201 Authorizing the Director of Port Control to exercise the second option to renew Contract No. CT 3001 PS 2017 191 with Airports Council International to provide customer service satisfaction surveys, data collection, reporting, and benchmarking, and similar type services for the Department of Port Control. (O 874-2019) ...... 1192 Authorizing the Director of Public Safety to apply for and accept a grant from the Cleveland Police Foundation to conduct a two year Gun Fire Sensor Technology Pilot Program in the Fourth District; and authorizing the director to enter into one or more professional services contract to implement the grant. (O 880-2019) ...... 1194 Determining the method of making the public improvement of constructing, rehabilitating, renovating, replacing or otherwise improving public facilities, buildings, and other similar structures, including site improvements and appurtenances; and authorizing the Director of Public Works or Capital Projects, as appropriate, to enter into one or more public improvement contracts for the making of the improvement; enter into one or more professional services and other contracts needed to implement the improvement; to apply for and accept grants and gifts; and authorizing the direct employment of the necessary labor, for the Department of Public Works and Office of Capital Projects. (O 637-2019) ...... 1235-1267

Public Improvement Contracts

Public Improvements

Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 1236-1284 Authorizing the Director of Capital Projects to enter into an agreement or agreements with the City of Euclid for the City of Euclid to design and make the public improvement of rehabilitating East 185th Street from Pawnee Avenue to Lake Erie; to apply for and accept any gifts or grants for this purpose from any public or private entity; authorizing and any other relative agreements, authorizing the acquisition of any real property and easements necessary to make the improvement; and cause payment for the City’s share. (O 699-2019) ...... 1236-1285 Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 1238-1292 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 1238-1298

Public Works

Authorizing the Director of Public Works to apply for and accept one or more grants or gifts from the State of Ohio, Federal entities, and/or any public or private entity for the design, construction, and maintenance of Canal Basin Park, including modifying the existing parking lot and installing site improvements; determining the method of making the public improvement; authorizing contracts to construct and design the improvement; and authorizing any other agreements and contracts that are necessary to implement the project. (O 887-2019) ...... 1196 Authorizing the Director of Public Works to enter into a property adoption agreement with The Finch Group, Inc., or its designee, to maintain a new City park located at the Glenville Circle North Development; and to enter into a lease with Cleveland Citywide Development Corporation, or its designee, for restaurant use of the lower plaza portion of the new park; the term for each agreement shall be for a period of three years, and shall automatically renew annually thereafter, unless terminated by either party. (O 890-2019) ...... 1199 Authorizing the Director of Public Works to enter into one or more agreements with West Creek Conservancy, or its designee, regarding the Mill Creek stream restoration project at Cleveland Enterprise Park in the Village of Highland Hills; and authorizing the Director to execute a deed of conservation easement and two deeds of temporary easement granting to West Creek Conservancy, or its designee, certain easement rights in property at the project location; and declaring the easement rights not needed for the City’s public use. (O 725-2019) ...... 1238-1293 Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197 Authorizing the Director of Public Works to lease certain property located at 14550 Lorain Avenue from Beth Hanna LLC, for the purpose of providing a base of operations for services provided in the northwest section of the City, for a term of five years, with three one-year options to renew, exercisable by the Director of Public Works. (O 888-2019) ...... 1197 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Authorizing the purchase by one or more requirement contracts of waste collection and recycling carts, for the Division of Waste Collection and Disposal, Department of Public Works, for a one year period. (O 892-2019) ...... 1200 Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 1238-1295 Determining the method of making the public improvement of constructing, rehabilitating, renovating, replacing or otherwise improving public facilities, buildings, and other similar structures, including site improvements and appurtenances; and authorizing the Director of Public Works or Capital Projects, as appropriate, to enter into one or more public improvement contracts for the making of the improvement; enter into one or more professional services and other contracts needed to implement the improvement; to apply for and accept grants and gifts; and authorizing the direct employment of the necessary labor, for the Department of Public Works and Office of Capital Projects. (O 637-2019) ...... 1235-1267 To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 257-2019, passed June 3,-2019, relating to the waste collection hours near residential dwelling units. (O 899-2019) ...... 1229-1320

Purchases and Supplies Division

Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located in the area of Columbus Road to The Sherwin Williams Company, or its designee, for purposes of providing an access drive to its Breen Technology Center. (O 891-2019) ...... 1199 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located at the terminus of Brow Avenue in the Village of Newburgh Heights to the Village of Newburgh Heights, for purposes of redevelopment. (O 22-18) ...... 1240 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 1237-1288

Races

Recognition

Recognition Resolution for Bone Thugs n Harmony 25th Anniversary. (R 941-2019) ...... 1177 Recognition Resolution for Cleveland Cultural Gardens Federation One World Day-2019. (R 943-2019) ...... 1177 Recognition Resolution for Horizon Education Center, Triskett Station. (R 945-2019) ...... 1177 Recognition Resolution for Jasmin Santana. (R 947-2019) ...... 1177 Recognition Resolution for Make Music Cleveland. (R 942-2019) ...... 1177 Recognition Resolution for Richard Peery. (R 944-2019) ...... 1177 Recognition Resolution for Triumph the Church and Kingdom of God in Christ. (R 940-2019) ...... 1177 Recognition Resolution for William “Tony” Parker. (R 946-2019) ...... 1177

Recreation Centers

Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197 Determining the method of making the public improvement of constructing, rehabilitating, renovating, replacing or otherwise improving recreation facilities, ancillary recreation buildings, and other similar structures, on City-owned and City leased park property, including site improvements and appurtenances; authorizing the Director of Public Works or Capital Projects, as appropriate; enter into one or more public improvement contracts for the making of the improvement; enter into one or more professional services and other contracts needed to implement the improvement; to apply for and accept grants and gifts; and authorizing the direct employment of the necessary labor, for the Department of Public Works and Office of Capital Projects. (O 638-2019) ...... 1235-1268

Reports

Report and Recommendations from 2018 City of Cleveland Charter Review Commission. (F 774-2019) ...... 1175

Resolution of Support

Resolutions - Miscellaneous

Declaring the second Monday in October, currently observed as Columbus Day, annually as Indigenous Peoples’ Day in the City of Cleveland; encouraging other institutions to recognize this day; and reaffirming the City’s commitment to promote the well being and growth of Cleveland’s Native American and Indigenous community. (R 605-2019) ...... 1239-1260

Safety Department

Authorizing the Director of Public Safety to apply for and accept a grant from the Cleveland Police Foundation to conduct a two year Gun Fire Sensor Technology Pilot Program in the Fourth District; and authorizing the director to enter into one or more professional services contract to implement the grant. (O 880-2019) ...... 1194 Authorizing the Director of Public Safety to donate a vintage former Police boat known as “Jack F. Delaney” to the Cleveland Police Museum; and to enter into an agreement to make the donation. (O 881-2019) ...... 1194 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Animal Protective League for the Trap Neuter Return Program through the use of Ward 14 Casino Revenue Funds. (O 829-2019) ...... 1216-1307 Authorizing the purchase by one or more requirement contracts of turnout gear, for the Division of Fire, Department of Public Safety, for a term of one year, with a one-year option to renew, exercisable by the Director of Public Safety. (O 882-2019) ...... 1194 From Director Michael McGrath, Department of Public Safety, City of Cleveland. Notice of gift acceptance from UnitedHealthcare of 2,000 ear plugs values at $3,500, for personnel in City of Cleveland’s Police and Fire Divisions. (F 776-2019) ...... 1175 Oath of Office for Brian Besserer, Captain of Fire, City of Cleveland. (F 781-2019) ...... 1176 Oath of Office for David Gatian, Police Review Board Member, City of Cleveland. (F 799-2019) ...... 1176 Oath of Office for Heather Miksch, Lieutenant of Police, City of Cleveland. (F 794-2019) ...... 1176 Oath of Office for Jennifer O’Shea, Lieutenant of Police, City of Cleveland. (F 795-2019) ...... 1176 Oath of Office for John Farnsworth, Lieutenant of Police, City of Cleveland. (F 789-2019) ...... 1176 Oath of Office for Joseph Allen Konys, Lieutenant of Fire, City of Cleveland. (F 784-2019) ...... 1176 Oath of Office for Kenneth Maurice Robertson, Lieutenant of Fire, City of Cleveland. (F 786-2019) ...... 1176 Oath of Office for Kevin Kincaid, Jr., Lieutenant of Police, City of Cleveland. (F 790-2019) ...... 1176 Oath of Office for Mark Maguth, Lieutenant of Police, City of Cleveland. (F 792-2019) ...... 1176 Oath of Office for Matthew Holian, Lieutenant of Fire, City of Cleveland. (F 783-2019) ...... 1176 1345 174 The City Record July 31, 2019

Oath of Office for Michael Dunst, Lieutenant of Police, City of Cleveland. (F 788-2019) ...... 1176 Oath of Office for Raymond Andrew Marotta, Captain of Fire, City of Cleveland. (F 785-2019) ...... 1176 Oath of Office for Robert Kennedy DiSanto, Lieutenant of Fire, City of Cleveland. (F 782-2019) ...... 1176 Oath of Office for Ronald Weber, Lieutenant of Police, City of Cleveland. (F 797-2019) ...... 1176 Oath of Office for Samuel DeVito, Jr., Captain of Fire, City of Cleveland. (F 798-2019) ...... 1176 Oath of Office for Shawn Smith, Lieutenant of Police, City of Cleveland. (F 796-2019) ...... 1176 Oath of Office for Stanley Anthony Stone, III, Captain of Fire, City of Cleveland. (F 787-2019) ...... 1176 Oath of Office for Timothy Maffo Judd, Lieutenant of Police, City of Cleveland. (F 791-2019) ...... 1176 Oath of Office for Zina Martinez, Lieutenant of Police, City of Cleveland. (F 793-2019) ...... 1176 To amend Section 135.47 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 967-91, passed June 17, 1991, relating to Emergency Medical Service clinical agreements. (O 879-2019) ...... 1194 To amend Sections 607.02 and 607.03 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 834-03, passed June 10, 2003, and Section 607.18, enacted by Ordinance No. 2797-88, passed May 8, 1989, lowering the penalties for marihuana offenses. (O 902-2019) ...... 1201

Salaries

To amend Sections 6, 26, 27, 31, 32, 34, 36, 38, 48, 49 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 871-2019) ...... 1185

State of Ohio

Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 1236-1286 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of Public Works to apply for and accept one or more grants or gifts from the State of Ohio, Federal entities, and/or any public or private entity for the design, construction, and maintenance of Canal Basin Park, including modifying the existing parking lot and installing site improvements; determining the method of making the public improvement; authorizing contracts to construct and design the improvement; and authorizing any other agreements and contracts that are necessary to implement the project. (O 887-2019) ...... 1196

Street Vacation

Declaring the intent to vacate a portion of Chadakoin Court S.E., East 59th Place, East 61st Street and East 63rd Street. (R 863-2019) ...... 1213 Declaring the intent to vacate a portion of the 1st un-named alley (10.00 feet wide) West of Bellaire Road and North of Guardian Boulevard. (R 862-2019) ...... 1213 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 1239-1260 Declaring the intent to vacate a portion of West 28th Place. (R 669-2019) ...... 1239-1260 To vacate a portion of East 6th Street. (O 861-2019) ...... 1178 To vacate a portion of East 89th Street. (O 706-2019) ...... 1236-1286 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 1236-1287 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 1236-1287 To vacate a portion of Utopia Avenue N.E. (O 709-2019) ...... 1236-1288

Streets - Dedication

Streets - Name

Designating Buechner Avenue between State Road and West 41st Street with a secondary and honorary designation of “Honey Hut Ice Cream Way”. (O 900-2019) ...... 1200

Tabled Legislation

Changing The Use District Of Land On Both Sides Of E. 55th Street From Mcbride Avenue To Hamlet Avenue To Multi Family Residential (Map Change Number 2410). (O 1423-12) ...... 1239 To repeal Sections 240.01 through 240.09 and 240.99 and Section 365.07 of the Codified Ordinances of the City of Cleveland, 1976, as amended by various ordinances; and to supplement the codified ordinances by enacting new Sections 240.01 through 240.13 and 240.99 relating to lead hazards and lead safe certificates. (O 990-17) ...... 1240

Tax Increment Financing ( TIF )

Authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. (O 867-2019) ...... 1180 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 1237-1288

The Greater Cleveland Sports Commission

Authorizing the Director of Economic Development to enter into a grant agreement with The Greater Cleveland Sports Commission, or its designee, to provide financial assistance to organize and administer programs for marketing the City of Cleveland as a venue for sporting events and to actively market the Public Auditorium as a premier site for the hosting of major events. (O 718-2019) ...... 1237-1291

University Circle

Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177

Utilities Department

Authorizing the Director of Public Utilities to enter into one or more agreements with Cleveland Thermal, a division of the Corix Group of Companies, or its contractor, to replace a water distribution main in East 6th Street between Lakeside Avenue and Rockwell Avenue; and to reimburse Cleveland Thermal for the City’s share of the improvement. (O 722-2019) ...... 1238-1292 Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 1239-1305 Authorizing the purchase by one or more requirement contracts for labor and materials necessary to remove and replace legacy lighting and to install LED lights and fixtures on City bridges and the Wyland Whale Mural Park on North Marginal Road, and to replace decorative and special lighting on City bridges and Wyland Mural Park on North Marginal Road, including repair and maintenance services, insurance, lights, fixtures, equipment, and appurtenances, for the Division of Cleveland Public Power, Department of Public Utilities, for a period of two years with two one-year options to renew, the first of which requires additional legislative authority. (O 886-2019) ...... 1196 Authorizing the purchase by one or more requirement contracts of hauling and disposal of water treatment plant residuals, for the Division of Water, Department of Public Utilities, for a period of two years. (O 724-2019) ...... 1238-1293 Determining the method of making the public improvement of tearing down and removing the radio tower and associated buildings on the Tree Farm Property in Brecksville, and removing shelters at two other radio tower locations and restoring land in all locations; authorizing the Director of Public Utilities to enter into one or more public improvement contracts for the making of the improvement; authorizing professional services to design; and authorizing the purchase by one or more contracts of labor and materials necessary to implement this ordinance, for the Department of Public Utilities. (O 723-2019) ...... 1238-1292

Vehicles

Authorizing the purchase by one or more standard and requirement contracts for the purchase, lease, or lease with option to purchase, of various on road vehicles and off road equipment, apparatus, cabs, bodies, and accessories, equipment and other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, and inspections, as needed, for the various divisions of City government. (O 726-2019) ...... 1238-1295 1347 176 The City Record July 31, 2019

Village of Newburgh Heights

Ward 01

Authorizing the Director of the Department of Community Development to enter into an agreement with Mt. Pleasant NOW Development Corporation for the Family Unity in the Park Community Health Expo and Education Fair through the use of Wards 1, 2, 4, 5 and 6 Casino Revenue Funds. (O 824-2019) ...... 1215-1306 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Commemoration Resolution for Henry R. Stoudermire, Sr. (R 954-2019) ...... 1177 Condolence Resolution for Allie B. Bennett. (R 912-2019) ...... 1176 Condolence Resolution for Billy J. Tanton. (R 913-2019) ...... 1176 Condolence Resolution for Cleola Luckett. (R 916-2019) ...... 1176 Condolence Resolution for Larry Wilson. (R 915-2019) ...... 1176 Condolence Resolution for Margaret (nee Nunn) Miller. (R 918-2019) ...... 1176 Condolence Resolution for Quandale T. Johnson. (R 917-2019) ...... 1176 Condolence Resolution for William Edward Johnson. (R 914-2019) ...... 1176 Congratulations Resolution for Elsie Turner 80th Birthday. (R 931-2019) ...... 1176 Congratulations Resolution for Hansie Solomon, Ford Bryson Family Reunion. (R 930-2019) ...... 1176 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 332-2019 objecting to said permit. (R 837-2019) ...... 1229-1261

Ward 02

Authorizing the Director of the Department of Community Development to enter into an agreement with Mt. Pleasant NOW Development Corporation for the Family Unity in the Park Community Health Expo and Education Fair through the use of Wards 1, 2, 4, 5 and 6 Casino Revenue Funds. (O 824-2019) ...... 1215-1306 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Authorizing the issuance of a Mobile Permit to Ru El Sailor, Jr./Comma Club to engage in mobile vending in Ward 2. (O 834-2019) ...... 1217-1308 Objecting to the renewal of a C2 and C2X Liquor Permit at 4025 East 131st Street. (R 897-2019) ...... 1235-1266 Objecting to the renewal of a D2, D2X, D3 and D3A Liquor Permit at 4005-07 East 131st Street and patio. (R 898-2019) ...... 1235-1267 Recognition Resolution for Triumph the Church and Kingdom of God in Christ. (R 940-2019) ...... 1177

Ward 03

#0764978. New License Application, D3A. Blackwing LLC, 1050 East 9th St. (Ward 3). (F 802-2019) ...... 1176 #0764978. Transfer of License Application, D2 D2X D3. Blackwing LLC, 1050 East 9th St. (Ward 3). (F 801-2019) ...... 1176 #0771354. Transfer of Ownership Application, D5 D6. BD Hospitality LLC, 2082 East 4th Street and 323 Prospect Ave. (Ward 3). (F 803-2019) ...... 1176 #2290931. Transfer of Ownership Application, C2 C2X. Downtown USA LLC, 1283 East 17th St. (Ward 3). (F 816-2019) ...... 1176 #6599810. Stock Application, D2 D2X D3 D6. Otani Noodle Downtown, Inc., 234 Euclid Ave. (Ward 3). (F 808-2019) ...... 1176 #6968876. New License Application, D5. Plum Cafe LLC, 4133 Lorain Ave. (Ward 3). (F 815-2019) ...... 1176 #7731346. Economic Development Transfer Application, D1 D2 D3 D3A D6. Sandoval Corp., 2661-69 West 14th St. (Ward 3). (F 819-2019) ...... 1176 Authorizing the acquisition and recording of certain easement interests from the Cuyahoga County Department of Public Works that encroach into existing County public improvements on Vermont Avenue, West 25th Street, and Detroit Avenue, for the Office of Capital Projects. (O 698-2019) ...... 1236-1284 Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located in the area of Columbus Road to The Sherwin Williams Company, or its designee, for purposes of providing an access drive to its Breen Technology Center. (O 891-2019) ...... 1199 Authorizing the Director of Capital Projects to issue a permit to K & D Real Estate Services, LLC, to encroach into the public right-of-way of 1500 West 3rd Street by installing, using, and maintaining an awning and 2 sculptures with pedestal foundations. (O 701-2019) ...... 1236-1286 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 1348 July 31, 2019 The City Record 177

Authorizing the issuance of a Mobile Permit to Julie Nassif/Treatz on Streetz to engage in mobile vending in Wards 3 and 7. (O 896-2019) ...... 1229-1320 Congratulations Resolution for Ohio City Pizzeria. (R 934-2019) ...... 1177 Consenting and approving the issuance of a permit for the annual Fox 8 Fox Trot event, on August 25, 2019, managed by Hermes Sports & Events. (O 835-2019) ...... 1217-1309 Consenting and approving the issuance of a permit for the OROC event, on August 3, 2019, managed by Hermes Sports & Events. (O 836-2019) ...... 1217-1309 Declaring the intent to vacate a portion of the Detroit Superior Viaduct and a portion of Detroit Avenue; and to repeal Resolution 1130-18, adopted October 15, 2018. (R 704-2019) ...... 1239-1260 Declaring the intent to vacate a portion of West 28th Place. (R 669-2019) ...... 1239-1260 To vacate a portion of East 6th Street. (O 861-2019) ...... 1178 To vacate a portion of Freeman Avenue S.W. (O 707-2019) ...... 1236-1287 Withdrawing objection to the transfer of stock of a D5 and D6 Liquor Permit at 1392 West 6th Street, 1st & 2nd floors, basement and patio and repealing Resolution No. 267-2019, objecting to said transfer. (R 838-2019) ...... 1230-1262

Ward 04

Ward 05

#3452641. Stock Application, C1 C2. Gurdev, Inc., 7401-05 Central Ave. (Ward 5). (F 806-2019) ...... 1176 #9115175. Liquor Agency Contract Application. 2747 Food, Inc., 2747 Cedar Ave. (Ward 5). (F 809-2019) ...... 1176 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of the Department of Community Development to enter into an agreement with Mt. Pleasant NOW Development Corporation for the Family Unity in the Park Community Health Expo and Education Fair through the use of Wards 1, 2, 4, 5 and 6 Casino Revenue Funds. (O 824-2019) ...... 1215-1306 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Condolence Resolution for Frieda Mosby. (R 905-2019) ...... 1176 Congratulations Resolution for Mildred Whitaker Little. (R 927-2019) ...... 1176 Declaring the intent to vacate a portion of Chadakoin Court S.E., East 59th Place, East 61st Street and East 63rd Street. (R 863-2019) ...... 1213 From Lasserre Bradley, III, Regional Vice President, Pennrose LLC. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Cedar Redevelopment Phase III, on Community College Avenue near East 28th Street, in Cleveland, Ohio. (F 778-2019) ...... 1175 Objecting to the transfer of stock of a C1 and C2 Liquor Permit to 7401-05 Central Avenue, 1st floor and basement. (R 839-2019) ...... 1230-1262

Ward 06

#22348151601. Transfer of Location Application, C1. Dolgen Midwest LLC, 3170 East 91st St. (F 813-2019) ...... 1176 Appreciation Resolution for Tom Joyner. (R 950-2019) ...... 1177 Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177 Authorizing the Director of the Department of Community Development to enter into an agreement with Mt. Pleasant NOW Development Corporation for the Family Unity in the Park Community Health Expo and Education Fair through the use of Wards 1, 2, 4, 5 and 6 Casino Revenue Funds. (O 824-2019) ...... 1215-1306 1349 178 The City Record July 31, 2019

Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Authorizing the Director of the Department of the Department of Community Development to enter into agreement with Burten, Bell, Carr Development Inc. for the Buckeye Summer Soul Series Project through the use of Ward 6 Casino Revenue Funds. (O 826-2019) ...... 1215-1307 Changing the Use, Height and Area Districts of parcels of land south of Woodhill Avenue between East 90th Street and Martin Luther King Jr. Drive as well as adding an Urban Form Overlay along the major corridors of Shaker Boulevard, Buckeye Road, and Woodhill Road (Map Change 2591). (O 854-2019) ...... 1202 Congratulations Resolution for Williams Family Reunion. (R 928-2019) ...... 1176 From Taylor Koch, Project Leader, National Church Residences. Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as Carnegie Tower at Fairfax, at 8920 Carnegie Avenue in Cleveland, Ohio. (F 777-2019) ...... 1175 Objecting to the transfer of liquor license of a C1 Liquor Permit to 3170 East 91st Street. (R 840-2019) ...... 1230-1262 Recognition Resolution for Richard Peery. (R 944-2019) ...... 1177 Withdrawing objection to a New C1 Liquor Permit at 11491 Buckeye Road and repealing Resolution No. 101-18 objecting to said permit. (R 841-2019) ...... 1231-1262

Ward 07

#2964300. Transfer of Ownership Application, C2 C2X. Fuel Point Gas, Inc., 1930 East 79th St. (Ward 7). (F 817-2019) ...... 1176 #8625138. Economic Development Transfer Application, D1 D2 D3. Storybox Co., 4601 Payne Ave. (Ward 7). (F 804-2019) ...... 1176 #8625138. New License Application, D3A D6. Storybox Co., 4601 Payne Ave. (Ward 7). (F 810-2019) ...... 1176 Amending Section 2 of Ordinance No. 1411-18, passed November 19, 2018 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Famicos Foundation for the Holiday Food Gift Card Program through the use of Wards 4, 7, 8, 9 and 10 Casino Revenue Funds. (O 825-2019) ...... 1215-1307 Authorizing and directing the Director of Capital Projects to issue a permit to the Ward 7 Brighter Day Community Festival Committee to stretch four banners at East 55th Street and Superior Avenue; Ansel Road and Superior Avenue; East 79th Street and Hough Avenue; and at East 89th Street and Hough Avenue, for the period from July 25, 2019 to August 24, 2019, inclusive, publicizing the 2019 Brighter Day in Ward 7 Community Festival. (O 832-2019) ...... 1216-1308 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located at the northeast corner of East 93rd Street and Chester Avenue to The Cleveland Clinic Foundation for purposes of constructing a dental clinic. (O 512-2019) ...... 1235-1267 Authorizing the Director of City Planning to apply for and accept a grant from the Ohio History Connection State Historic Preservation Office/ Ohio Development Services Agency to prepare a National Register of Historic Places Nomination to recognize and preserve the Midtown Historic District and to promote economic development through Historic Tax Credits; and authorizing the director to enter into one or more contracts for professional consultants to implement this ordinance. (O 710-2019) ...... 1237-1288 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Authorizing the issuance of a Mobile Permit to Julie Nassif/Treatz on Streetz to engage in mobile vending in Wards 3 and 7. (O 896-2019) ...... 1229-1320 Condolence Resolution for Annie Murrell. (R 910-2019) ...... 1176 Condolence Resolution for Mary J. Blassingale. (R 911-2019) ...... 1176 Congratulations Resolution for Rev. Timothy H. Blake, Jr. (R 929-2019) ...... 1176 Declaring the second Monday in October, currently observed as Columbus Day, annually as Indigenous Peoples’ Day in the City of Cleveland; encouraging other institutions to recognize this day; and reaffirming the City’s commitment to promote the well being and growth of Cleveland’s Native American and Indigenous community. (R 605-2019) ...... 1239-1260 Objecting to the transfer of ownership of a C2 and C2X Liquor Permit to 1930 East 79th Street, North Unit. (R 843-2019) ...... 1231-1263 Objecting to the transfer of stock of a D5 and D6 Liquor Permit to 2549 St. Clair Avenue, 1st floor and basement. (R 842-2019) ...... 1231-1263 To vacate a portion of East 89th Street. (O 706-2019) ...... 1236-1286

Ward 08

#8795546. Transfer of Ownership Application, D1 D2 D3 D3A. Tangier Hospitality Group, 779-783 East 185th St. (Ward 8). (F 805-2019) ...... 1176 Amending Section 2 of Ordinance No. 1411-18, passed November 19, 2018 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Famicos Foundation for the Holiday Food Gift Card Program through the use of Wards 4, 7, 8, 9 and 10 Casino Revenue Funds. (O 825-2019) ...... 1215-1307 1350 July 31, 2019 The City Record 179

Ward 09

Amending Section 2 of Ordinance No. 1411-18, passed November 19, 2018 as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with Famicos Foundation for the Holiday Food Gift Card Program through the use of Wards 4, 7, 8, 9 and 10 Casino Revenue Funds. (O 825-2019) ...... 1215-1307 Appreciation Resolution for Tom Joyner. (R 950-2019) ...... 1177 Authorizing and directing the Director of Capital Projects to issue a permit to Neighbor to Neighbor Community Group to stretch two banners at East 115th Street and Wade Park Avenue and East 108th Street and Wade Park Avenue for the period from August 10, 2019 to September 9, 2019, inclusive, publicizing the Community Heritage Street Festival. (O 833-2019) ...... 1217-1308 Authorizing the Director of Capital Projects to issue one or more permits to University Circle Inc. to encroach into the public right-of-way at various locations in University Circle by installing, using, and maintaining approximately 33 CircleLink signs and poles as part of the “Uptown Mobility Enhancements” TLCI implementation project. (O 860-2019) ...... 1177 Authorizing the Director of Public Works to enter into a property adoption agreement with The Finch Group, Inc., or its designee, to maintain a new City park located at the Glenville Circle North Development; and to enter into a lease with Cleveland Citywide Development Corporation, or its designee, for restaurant use of the lower plaza portion of the new park; the term for each agreement shall be for a period of three years, and shall automatically renew annually thereafter, unless terminated by either party. (O 890-2019) ...... 1199 Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Condolence Resolution for Davon Brown. (R 906-2019) ...... 1176 Condolence Resolution for Thelma Henrene Adams. (R 907-2019) ...... 1176 Dedication Plat for Orville Avenue Extension, between East 103rd Street and East 105th Street. Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. (F 800-2019) ...... 1176 Recognition Resolution for Bone Thugs n Harmony 25th Anniversary. (R 941-2019) ...... 1177 Recognition Resolution for Cleveland Cultural Gardens Federation One World Day 2019. (R 943-2019) ...... 1177 Recognition Resolution for Make Music Cleveland. (R 942-2019) ...... 1177 To amend Section 559.11 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 109-56, passed February 11, 1957, to reduce the size of the German Garden; and to supplement the codified ordinances by enacting new Section 559.111 to designate the Centennial Peace Plaza at 1051 Martin Luther King Jr. Drive. (O 859-2019) ...... 1227-1319

Ward 10

#8108056. Transfer of Ownership Application, C1 C2. Shines Bait & Tackle LLC, 1287 East 55th St. (Ward 10). (F 812-2019) ...... 1176 1351 180 The City Record July 31, 2019

Ward 11

#1545224. Transfer of License Application, D1 D2 D3 D3A D6. Cleveland Mofongo LLC, 11619 Lorain Ave. (Ward 11). (F 811-2019) ...... 1176 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Commemoration Resolution for Yoshiko Ikuta. (R 953-2019) ...... 1177 Declaring the intent to vacate a portion of the 1st un-named alley (10.00 feet wide) West of Bellaire Road and North of Guardian Boulevard. (R 862-2019) ...... 1213

Ward 12

Appreciation Resolution for Rob Curry. (R 949-2019) ...... 1177 Appreciation Resolution for Vatreisha Nyemba. (R 948-2019) ...... 1177 Authorizing the Director of Economic Development to enter into a forgivable loan agreement with Jennings Freeway Industrial Park, an Ohio general partnership or its designee, to provide economic development assistance to partially finance the development of a build to suit facility at the Strike Force Project site located at 4781 Hinckley Industrial Parkway, and other associated costs necessary to redevelop the property. (O 713-2019) ...... 1237-1289 Authorizing the Director of Economic Development to enter into a Tax Increment Financing Agreement with Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, to fund eligible project debt relating to the Strike Force project located at 4781 Hinckley Industrial Parkway; to provide for payments to the Cleveland Metropolitan School District; and to declare certain improvements to real property to be a public purpose. (O 867-2019) ...... 1180 Authorizing the Director of Public Works to lease certain properties located at 7345 Broadway Avenue and 680 East 113th Street from the Cleveland Metropolitan School District, for a term not less than twenty five years nor exceed thirty years, for operating the Stella Walsh Recreation Center located on the South High School campus and operating the Glenville James Hubbard Recreation located on the Glenville High School Campus. (O 889-2019) ...... 1197 Authorizing the Director of the Department of Public Works to enter into agreement with the Cleveland Cultural Gardens Federation for the One World Day Centennial Expo through the use of Wards 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 15 and 16 Casino Revenue Funds. (O 895-2019) ...... 1229-1320 Authorizing the Mayor and the Commissioner of Purchases and Supplies to acquire and re-convey properties presently owned by Jennings Freeway Industrial Park, an Ohio general partnership, or its designee, located at 4781 Hinckley Industrial Parkway for the purpose of entering into the chain of title prior to the adoption of tax increment financing legislation authorized under Section 5709.41 of the Revised Code. (O 712-2019) ...... 1237-1288 Changing The Use District Of Land On Both Sides Of E. 55th Street From Mcbride Avenue To Hamlet Avenue To Multi Family Residential (Map Change Number 2410). (O 1423-12) ...... 1239 Condolence Resolution for Ben S. Stefanski, II. (R 904-2019) ...... 1176 Condolence Resolution for James Oryl. (R 903-2019) ...... 1176 Congratulations Resolution for Wiliam Whitney. (R 926-2019) ...... 1176 From Jalisa Neal, Development Associate, Emerald Development & Economic Network, Inc. (EDEN). Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as EDEN Portfolio Preservation Phase V, on East 58th Street and on Wainfleet Avenue in Cleveland, Ohio; and on State Road in Parma, Ohio. (F 775-2019) ...... 1175 1352 July 31, 2019 The City Record 181

Ward 13

Appreciation Resolution for Rob Curry. (R 949-2019) ...... 1177 Authorizing the Director of Capital Projects to issue a permit to the State of Ohio, through the Department of Natural Resources, Division of Wildlife, to encroach into the public right-of-way of Fulton Road by installing, using, and maintaining a peregrine falcon nest tray. (O 702-2019) ...... 1236-1286 Condolence Resolution for Jeannetta Turner Camp. (R 920-2019) ...... 1176 Condolence Resolution for Joseph Ford Smith. (R 921-2019) ...... 1176 Condolence Resolution for Michael Thomas Geroge. (R 922-2019) ...... 1176 Designating Buechner Avenue between State Road and West 41st Street with a secondary and honorary designation of “Honey Hut Ice Cream Way”. (O 900-2019) ...... 1200 Objecting to the renewal of a D5 Liquor Permit at 4488 State Road, 1st floor and basement. (R 846-2019) ...... 1232-1264

Ward 14

Authorizing the Director of the Department of Economic Development to enter into agreement with TAC Holding Co., LLC for the Tremont Animal Clinic Expansion Project through the use of Ward 14 Casino Revenue Funds. (O 830-2019) ...... 1216-1308 Authorizing the Director of the Department of Public Safety to enter into agreement with the Cleveland Animal Protective League for the Trap Neuter Return Program through the use of Ward 14 Casino Revenue Funds. (O 829-2019) ...... 1216-1307 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Objecting to the renewal of a D1 and D2 Liquor Permit at 3203 West 25th Street. (R 847-2019) ...... 1233-1264 Withdrawing objection to a New C1 Liquor Permit at 3040 Fulton Road and repealing Resolution No. 789-18 objecting to said permit. (R 848-2019) ...... 1233-1265 Withdrawing objection to a New C1 Liquor Permit at 3545 Ridge Road and repealing Resolution No. 759-18 objecting to said permit. (R 849-2019) ...... 1233-1265

Ward 15

#0007783. Transfer of Ownership Application, C1 C2. A and H Distributor LLC, 2136 West 98th St. (Ward 15). (F 818-2019) ...... 1176 #7345605. Transfer of License Application, C2 C2X. Riaz Corp., 5910 Detroit Ave. (Ward 15). (F 814-2019) ...... 1176 Authorizing the Director of the Department of Community Development to enter into agreement with Bike Cleveland for the Vision Zero Educational Workshop through the use of Ward 15 Casino Revenue Funds. (O 831-2019) ...... 1216-1308 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Condolence Resolution for Joseph “Joe the Barber” Sardelle. (R 925-2019) ...... 1176 Congratulations Resolution for Luong Thi Gia Hoa Ryan. (R 939-2019) ...... 1177 Recognition Resolution for Jasmin Santana. (R 947-2019) ...... 1177 To amend the title and Section 1 of Ordinance No. 999-14, passed August 20, 2014; and to supplement the ordinance by adding new Sections 4a., 4b., 4c., and 4d., to add the sale of property, relating to the public improvement of reconstructing West 73rd Street. (O 746-2019) ...... 1238-1298

Ward 16

#5239236. Transfer of Ownership Application, D1 D2 D3 D6. Little Rose LLC, 14206 Lorain Ave. (Ward 16). (F 807-2019) ...... 1176 Authorizing the Director of the Department of Public Works to enter into agreement with Brick City Productions or with its fiscal agent Mt. Pleasant NOW Development Corporation for the Grandparents Education & Resources Fair Family Day through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 16 Casino Revenue Funds. (O 823-2019) ...... 1214-1306 Condolence Resolution for Mike Belkin, Sr. (R 919-2019) ...... 1176 From Jalisa Neal, Development Associate, Emerald Development & Economic Network, Inc. (EDEN). Notice of intent to apply to Ohio Housing Finance Agency for multifamily funding programs for the development known as EDEN Portfolio Preservation Phase V, on East 58th Street and on Wainfleet Avenue in Cleveland, Ohio; and on State Road in Parma, Ohio. (F 775-2019) ...... 1175 Objecting to the renewal of a D5 and D6 Liquor Permit at 12524 Lorain Avenue, 1st floor and basement. (R 851-2019) ...... 1234-1265 Recognition Resolution for Horizon Education Center, Triskett Station. (R 945-2019) ...... 1177 Recognition Resolution for William “Tony” Parker. (R 946-2019) ...... 1177 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 14120 Lorain Avenue and repealing Resolution No. 382-2019 objecting to said permit. (R 850-2019) ...... 1233-1265 1353 182 The City Record July 31, 2019

Ward 17

Authorizing the Director of Public Works to lease certain property located at 14550 Lorain Avenue from Beth Hanna LLC, for the purpose of providing a base of operations for services provided in the northwest section of the City, for a term of five years, with three one-year options to renew, exercisable by the Director of Public Works. (O 888-2019) ...... 1197 Congratulations Resolution for Gabriel A. Ortiz. (R 933-2019) ...... 1177 Congratulations Resolution for Jacob T. Tintelnot. (R 932-2019) ...... 1177 Objecting to the TREX transfer of a D5 and D6 Liquor Permit to 15609 15813 Lorain Road. (R 853-2019) ...... 1234-1266 To vacate a portion of Maplewood Avenue. (O 708-2019) ...... 1236-1287

Waste Collection and Disposal Division

Authorizing the purchase by one or more requirement contracts of waste collection and recycling carts, for the Division of Waste Collection and Disposal, Department of Public Works, for a one year period. (O 892-2019) ...... 1200 To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 257-2019, passed June 3, 2019, relating to the waste collection hours near residential dwelling units. (O 899-2019) ...... 1229-1320

Water Division

Water Pollution Control Division

Authorizing the Director of Public Utilities to enter into one or more contracts with Landmark Lakeshore, LLC, or its designee, to accept the sanitary flow from the Shoreline Apartments on North Marginal Road into the City’s 8” Force Main on East 55th Street, and to charge a connection fee and fees for future maintenance on the Force Main; and to enter into similar agreements with the owners of properties adjoining the Landmark Lakeshore, LLC property; and to create a fund for connection and maintenance fees. (O 749-2019) ...... 1239-1305

Western Reserve Area Agency On Aging

Authorizing the Director of Aging to apply for and accept one or more grants from the Western Reserve Area Agency on Aging for 2020-21 Western Reserve Area Agency on Aging Programs, including Supportive Services and Aging and Disability Resource Center Programs; and authorizing the director to accept gifts from any public or private entity for the purposes of this grant. (O 856-2019) ...... 1177

Zoning

Changing The Use District Of Land On Both Sides Of E. 55th Street From Mcbride Avenue To Hamlet Avenue To Multi Family Residential (Map Change Number 2410). (O 1423-12) ...... 1239 Changing the Use, Area, & Height Districts of parcels of land South of Aspinwall Avenue to Woodworth Avenue between East 134th Street to East 152nd Street and adding an Urban Form Overlay along the major corridors within the neighborhood. (Map Change 2599). (O 648-2019) ...... 1239-1270 Changing the Use, Height and Area Districts of parcels of land south of Woodhill Avenue between East 90th Street and Martin Luther King Jr. Drive as well as adding an Urban Form Overlay along the major corridors of Shaker Boulevard, Buckeye Road, and Woodhill Road (Map Change 2591). (O 854-2019) ...... 1202 To amend Sections 3167.01 to 3167.06 and 3167.99 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 1613-10, passed November 29, 2010, relating to floodplain management. (O 857-2019) ...... 1218-1309

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