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The City Record Official Publication of the Council of the City of Cleveland November 6, 2020 Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Cleveland The City Record is available online at www.clevelandcitycouncil.org Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall November 6, 2020 The City Record 2 Table of Contents Click on an entry below to go to that section. Official Proceedings – City Council 3 Special Motions by Council 4 Communications 5 Ordinances and Resolutions First Reading Emergency Ordinances Referred 6 First Reading Emergency Ordinances Read in Full and Passed 42 First Reading Emergency Resolutions Read in Full and Adopted 47 Second Reading Emergency Ordinances Passed 58 Second Reading Ordinances Passed 72 Adjournment 75 Council Committee Meetings 76 Board of Control 77 Civil Service 87 Schedule of the Board of Zoning Appeals Monday, November 16, 2020 88 Monday, November 23, 2020 93 Report of the Board of Zoning Appeals 97 Agenda of the Board of Building Standards and Building Appeals 99 Public Notice 104 City of Cleveland Bids 105 Directory of City Officials City Council 114 Permanent Schedule — Standing Committees of Council 115 City Departments 116 Cleveland Municipal Court 121 City Links 122 Table of Contents November 6, 2020 The City Record 3 Official Proceedings City Council Cleveland, Ohio Wednesday, November 4, 2020 This council meeting is being held during the COVID-19 emergency declaration and is being conducted as a virtual meeting in accordance with Ohio’s Open Meetings Laws as amended by Sub. H.B. 197. Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings is waived for this and any other virtual council meetings held under amended Sub. H.B. 197. The meeting of the Council was called to order at 12:o2 p.m. with the President of Council, Kevin J. Kelley, in the Chair. Council Members present: Kevin L. Bishop, Anthony Brancatelli, Phyllis E. Cleveland, Kevin Conwell, Blaine A. Griffin, Anthony T. Hairston, Kenneth L. Johnson, Basheer S. Jones, Brian Kazy, Kevin J. Kelley, Kerry McCormack, Brian Mooney, Michael D. Polensek, Jasmin Santana, Charles Slife, Matt Zone. MOTION Council Members paused for a moment of silent reflection, and the Pledge of Allegiance. Official Proceedings – City Council November 6, 2020 The City Record 4 Special Motions by Council MOTION In compliance with the Charter and Rules of Council, a copy of all legislation to be heard during this council meeting was furnished previous to the meeting to every council member through their council email. It is hereby acknowledged, without objection, that all members of council have received this legislation. The motion was approved. MOTION It is hereby declared, without objection, that Council Rule 49, requiring the attendance of the Mayor and director of all departments at council meetings, is waived for this and any other virtual council meetings held under amended Sub. H.B. 197. The motion was approved. Special Motions by Council Official Proceedings – City Council November 6, 2020 The City Record 5 Communications File No. 836‑2020 From Council President Kevin J. Kelley designating Deputy Clerk Allan Dreyer, without objection of Cleveland City Council, to serve as Clerk of Council Pro Tempore for all matters requiring the Clerk’s signature on October 23, 2020. Received. File No. 837‑2020 From Director Matthew Spronz, Mayor’s Office of Capital Projects, City of Cleveland. 2018 Capital Repair Audit of FirstEnergy Stadium. Received. File No. 867‑2020 From Dominion Energy Ohio. Notice of Filing of Extension with the Public Utilities Commission of Ohio (PUCO) of Approval for Pipeline Infrastructure Replacement Program. Received. Plats File No. 868‑2020 Dedication Plat for DueNorth Townhomes Subdivision, West 16th Place, north of Kenilworth Avenue on the Easterly side (Ward 3). Approved by Committees on Municipal Services and Properties, and Development Planning and Sustainability. Without objection, Plat approved. Received. Ohio Division of Liquor Control File No. 864‑2020 #66421750001. Transfer of Location Application, D5 D6. Northeast Ohio Dream Developments LLC, 5000 Euclid Avenue (Ward 7). Received. File No. 865‑2020 #6537102. Transfer of Ownership Application, D2 D2X D3 D3A D6. Olde Neighborhood Bar & Grille LLC, 16011 Waterloo Road (Ward 8). Communications Official Proceedings – City Council November 6, 2020 The City Record 6 Ordinances and Resolutions First Reading Emergency Ordinances Referred An ordinance is a City law written and enacted by City Council. Ordinances govern the actions, responsibilities and tax dollars of residents, businesses, organizations, city departments and visitors in Cleveland. Ordinances can be written and passed to address issues about housing, safety, public services, employment, the City budget and economic development. Many ordinances authorize the City to spend money on contracts and projects that support the mission of the City of Cleveland. Ordinances are effective 30 days after passage. Emergency ordinances take effect immediately upon the Mayor’s signature or 10 days after passage. Under the Charter, legislation cannot be passed until it has been read on three separate days, unless this requirement is dispensed with by a two-thirds vote of the Council. This is known as passing legislation “under suspension.” Ordinances may be passed under suspension after either the first or second reading. If not passed under suspension after the first reading, the legislation is then sent to the appropriate City departments for review. These ordinances were read for the first time on November 4, 2020, and referred to the appropriate City departments and Council Committees for review. Click on an ordinance below to read it: Ord. No. 838-2020 Ord. No. 848-2020 Ord. No. 839-2020 Ord. No. 849-2020 Ord. No. 840-2020 Ord. No. 850-2020 Ord. No. 841-2020 Ord. No. 851-2020 Ord. No. 842-2020 Ord. No. 852-2020 Ord. No. 843-2020 Ord. No. 853-2020 Ord. No. 844-2020 Ord. No. 854-2020 Ord. No. 845-2020 Ord. No. 855-2020 Ord. No. 846-2020 Ord. No. 856-2020 Ord. No. 847-2020 Ord. No. 857-2020 First Reading Emergency Ordinances Referred Official Proceedings – City Council November 6, 2020 The City Record 7 Ordinance No. 838-2020 By Council Members: McCormack, Johnson and Brancatelli (by departmental request) An emergency ordinance authorizing an agreement with the Cleveland Browns Stadium Company LLC relating to making capital repairs to First Energy Stadium. WHEREAS, under the Lease by Way of Concession between Cleveland and the Cleveland Browns Stadium Company LLC (the “Cleveland Browns”) (the “Lease”), Cleveland is required to make capital repairs to First Energy Stadium (the “Stadium”) in accordance with the terms in the Lease; and WHEREAS, under the Lease, capital repairs include, among other things, repairs necessary to maintain the structural integrity of the Stadium and preserve its usefulness as a sports facility; and WHEREAS, the repairs made to the Stadium become the property of the City upon completion; and WHEREAS, the repairs made to the Stadium will help to ensure that the Stadium remains a sound and valuable asset of the City over the remainder of the Lease term; and WHEREAS, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND: Section 1. That the Directors of Public Works, Finance and Mayor’s Office of Capital Projects are authorized to enter into an agreement with the Cleveland Browns that provides as follows: The City shall deposit $12 million in the Capital Repair Fund established under the Lease (the “$12 Million Deposit”) to be used exclusively for making the following types of Capital Repairs under the Lease as proposed by the Cleveland Browns: (1) Full replacement of pedestrian ramps and structural repairs; (2) Replace domestic hot water tanks; (3) Install chiller lines; (4) Replace walk-in cooler and freezer compressors; (5) Replace Stadium Lighting Control System; (6) Replace corroded fire sprinkler lines; (7) Replace full depth of concrete slab; (8) Patch overhead and vertical concrete surfaces; First Reading Emergency Ordinances Referred Ord. No. 838-2020 Official Proceedings – City Council November 6, 2020 The City Record 8 (9) Patch and repair horizontal concrete surfaces; (10) Structural crack repair; (11) Non-structural crack repair; (12) LED lighting replacement; (13) Architectural and General Trade repairs; (14) Additional capital repairs identified by the City of Cleveland in the 2018 Capital Repair Audit; (15) Install field heating system; and (16) Install grease interceptors. Annually, the Cleveland Browns may propose these types of Capital Repairs to be made by the City from the proceeds of the $12 Million Deposit during the following construction season for so long as any remaining proceeds of the deposit exist. After review, the City will determine whether the proposed work is a Capital Repair meeting one of the above types to be made by the City at the Stadium during the following calendar year. The City may prepare plans and specifications to design the needed capital improvements, to be reimbursed for the cost from the Capital Repair Fund under the Lease. The Finance Department, Division of Purchasing and Supplies will procure services by way of public improvement contracts. In the alternative, the Cleveland