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

May the Twenty-Fifth, Two Thousand and Eleven

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

Martin J. Sweeney Containing PAGE President of Council City Council 3 Patricia J. Britt The Calendar 22 City Clerk, Clerk of Council Board of Control 22 Ward Name Civil Service 25 1 Terrell H. Pruitt Board of Zoning Appeals 25 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 26 4 Kenneth L. Johnson Public Notice 26 5 Phyllis E. Cleveland Public Hearings 26 6 Mamie J. Mitchell City of Cleveland Bids 26 7 TJ Dow Adopted Resolutions 8 Jeffrey D. Johnson and Ordinances 27 9 Kevin Conwell Committee Meetings 44 Index 44 10 Eugene R. Miller 11 Michael D. Polensek 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Jay Westbrook 17 Dona Brady 18 Martin J. Sweeney 19 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 President of Council – Martin J. Sweeney DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street Ward Name Residence Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. 1 Terrell H. Pruitt 3877 East 189th Street 44122 Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive 2 Zachary Reed 3734 East 149th Street 44120 Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue 3 Joe Cimperman P.O. Box 91688 44101 Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 4 Kenneth L. Johnson 2948 Hampton Road 44120 DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director 5 Phyllis E. Cleveland 2369 East 36th Street 44105 DIVISIONS: 6 Mamie J. Mitchell 12701 Shaker Boulevard, #712 44120 Administrative Services – Terrence Ross, Commissioner 7 TJ Dow 7715 Decker Avenue 44103 Fair Housing and Consumer Affairs Office – ______, Manager 8 Jeffrey D. Johnson 9024 Parkgate Avenue 44108 Neighborhood Development – ______, Commissioner 9 Kevin Conwell 10647 Ashbury Avenue 44106 Neighborhood Services – Louise V. Jackson, Commissioner 10 Eugene R. Miller 13615 Kelso Avenue 44110 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 11 Michael D. Polensek 17855 Brian Avenue 44119 DIVISIONS: 12 Anthony Brancatelli 6924 Ottawa Road 44105 Code Enforcement – Tyrone L. Johnson, Commissioner 13 Kevin J. Kelley 5904 Parkridge Avenue 44144 Construction Permitting – Timothy R. Wolosz, Commissioner 14 Brian J. Cummins 3104 Mapledale Avenue 44109 DEPT. OF HUMAN RESOURCES – Deborah Southerington, Director, Room 121 15 Matthew Zone 1228 West 69th Street 44102 16 Jay Westbrook 1278 West 103rd Street 44102 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 17 Dona Brady 1272 West Boulevard 44102 DEPT. OF AGING – Jane Fumich, Director, Room 122 18 Martin J. Sweeney 3632 West 133rd Street 44111 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director, Mayor Frank 19 Martin J. Keane 15907 Colletta Lane 44111 G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 Member Brian Cummins, Council Member Eugene R. Miller, Jeff Marks, (Board Lawyer), First Assistant Clerk — Sandra Franklin Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline MAYOR – Frank G. Jackson Hardaway, John O. Horton, Annie Key, Stephanie Morrison-Hrbek, Roland Muhammad, Ken Silliman, Secretary to the Mayor, Chief of Staff Gia Hoa Ryan, Ted C. Wammes, Peter Whitt. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer CIVIL SERVICE COMMISSION – Room 119, Robert Bennett, President; Michael L. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Chris Warren, Executive Assistant to the Mayor, Chief of Regional Development Michael Flickinger. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin Maureen Harper, Executive Assistant to the Mayor, Chief of Communications J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Andrew Watterson, Executive Assistant to the Mayor, Chief of Sustainability Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Jan Huber, Secretary. Natoya J. Walker Minor, Chief of Public Affairs — Interim Director of Equal Opportunity. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. OFFICE OF CAPITAL PROJECTS – Jomarie Wasik, Director Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. DIVISIONS: Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Architecture and Site Development – Robert Vilkas, Chief Architect, Manager BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Engineering and Construction — ______, Manager Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Real Estate — ______, Commissioner BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director DEPT. OF LAW – Robert J. Triozzi, Director, Barbara A. Langhenry, Chief Counsel, Robert J. Triozzi; Council Member Eugene R. Miller. Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities Room 106: Michael Ruffing, Law Librarian, Room 100 Director Barry A. Withers; Council President Martin J. Sweeney. DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. Frank Badalamenti, Manager, Internal Audit Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean DIVISIONS: Pinkney, Norman Krumholz, Council Member Phyllis E. Cleveland. Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 FAIR HOUSING BOARD – Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Render, Genesis O. Brown. City Treasury – ______, Treasurer, Room 115 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Financial Reporting and Control – James Gentile, Controller, Room 18 Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair David Perkowski, Joan Shaver Washington, Keith Sutton. Avenue Purchases and Supplies – James E. Hardy, Commissioner, Room 128 CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Clint Martin, Mark Rivera. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Director, 1201 Lakeside Avenue Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin DIVISIONS: Kelley. Cleveland Public Power – Ivan Henderson, Commissioner POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel Street Lighting Bureau – ______, Acting Chief Whalen, Nancy Cronin, Elvin Vauss. Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND LANDMARKS COMMISSION – Room 519 – Jennifer Coleman, Chair; Water – ______, Commissioner Laura M. Bala, Council Member Anthony Brancatelli, Robert N. Brown, Thomas Coffey, Water Pollution Control – Ollie Shaw, Commissioner Allan Dreyer, William Mason, Michael Rastatter, Jr., John Torres, N. Kurt Wiebusch, Robert DEPT. OF PORT CONTROL – Ricky D. Smith, Director, Cleveland Hopkins Keiser, Secretary. International Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Martin J. Sweeney; Law Director Robert Burke Lakefront Airport – Khalid Bahhur, Commissioner J. Triozzi. Cleveland Hopkins International Airport – Fred Szabo, Commissioner CLEVELAND MUNICIPAL COURT DEPT. OF PUBLIC WORKS – Michael Cox, Director JUSTICE CENTER – 1200 ONTARIO STREET OFFICES: Administration – John Laird, Manager JUDGE COURTROOM ASSIGNMENTS Special Events and Marketing – Tangee Johnson, Manager Judge Courtroom Presiding and Administrative Judge Ronald B. Adrine – Courtroom 15A DIVISIONS: Judge Marilyn B. Cassidy – Courtroom 12B Motor Vehicle Maintenance – Daniel A. Novak, Commissioner Judge Michelle Denise Earley – Courtroom 12C Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Emanuella Groves – Courtroom 14B Parking Facilities – Leigh Stevens, Commissioner Judge Anita Laster Mays – Courtroom 14C Property Management – Tom Nagle, Commissioner Judge Lynn McLaughlin-Murray – Courtroom 12A Recreation – Kim Johnson, Commissioner Judge Lauren C. Moore – Courtroom 14A Streets – ______, Commissioner Judge Charles L. Patton, Jr. – Courtroom 13D Traffic Engineering – Robert Mavec, Commissioner Judge Raymond L. Pianka (Housing Court Judge) – Courtroom 13B Waste Collection and Disposal – Ron Owens, Commissioner Judge Michael John Ryan – Courtroom 13A DEPT. OF PUBLIC HEALTH – Karen Butler, Interim Director, Mural Building, 75 Judge Angela R. Stokes – Courtroom 15C Erieview Plaza Judge Pauline H. Tarver – Courtroom 13C DIVISIONS: Judge Joseph J. Zone – Courtroom 14D Air Quality – Richard L. Nemeth, Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Environment – Willie Bess, Commissioner, Mural Building, 75 Erieview Plaza Mizerak – Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Health – Karen K. Butler, Commissioner, Mural Building, 75 Erieview Plaza Magistrate, Victor Perez – City Prosecutor The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 98 WEDNESDAY, MAY 25, 2011 No. 5085 CITY COUNCIL MONDAY, MAY 23, 2011

The City Record 1:30 P.M. — City Planning Com- 1311.04) and Copy of Notice of Com- Published weekly by the City Clerk, mittee: Cleveland, Chair; Westbrook, mencement (O.R.C. § 1311.04). Clerk of Council under authority Vice Chair; Brady, Conwell, Dow, Received. of the Charter of the Keane, Zone. City of Cleveland File No. 776-11. The following Committees are The City Record is available From Ohio CAT — Requesting an subject to the Call of the Chair: online at Amended Public Notice of Furnish- ing (O.R.C. § 1311.05) . Received. www.clevelandcitycouncil.org Rules Committee: Sweeney, Chair; Address all communications to Cleveland, Keane, Polensek, Pruitt. File No. 777-11. PATRICIA J. BRITT Personnel and Operations Commit- From Cleveland Housing Network, City Clerk, Clerk of Council tee: Westbrook, Chair; Conwell, K. Inc. — Cleveland NSP Homes I 216 City Hall Johnson, Kelley, Mitchell, Sweeney, (Wards 4, 6, and 9 ) — notification Zone. letter as general partner of residential rental development project and PERMANENT SCHEDULE Mayor’s Appointment Committee: STANDING COMMITTEES utilizing multi-family funding pro- Dow, Chair; Cleveland, Kelley, Mil- grams of the Ohio Housing Finance OF THE COUNCIL ler, Sweeney. Agency (OHIA). Received. 2010-2013 FROM THE DEPARTMENT OF MONDAY — Alternating OFFICIAL PROCEEDINGS LIQUOR CONTROL 9:30 A.M. — Public Parks, Proper- CITY COUNCIL ______File No. 778-11. ties, and Recreation Committee: K. Re: #2637923 — D3 New Applica- Johnson, Chair; Conwell, Vice Chair; Cleveland, Ohio tion — Mildred Fantelli, d.b.a. Cozy Brancatelli, Cimperman, Dow, Polen- Inn, 4568 Warner Road. (Ward 2). sek, Reed. Monday, May 23, 2011 Received. 9:30 A.M. — Health and Human The meeting of the Council was Services Committee: Cimperman, called to order, The President, Mar- File No. 779-11. Chair; J. Johnson, Vice Chair; Con- tin J. Sweeney in the Chair. Re: #8942140 — D1, D2, D6 Trans- well, Keane, Kelley, Reed, Zone. Council Members present: Brady, fer of Ownership and Location 11:00 A.M. — Public Service Com- Brancatelli, Cleveland, Conwell, Application — Tink Holl Seafood mittee: Miller, Chair; Cummins, Vice Cummins, Dow, J. Johnson, K. John- Restaurant, Inc., 1735 East 36th Chair; Cleveland, Dow, K. Johnson, son, Keane, Kelley, Miller, Mitchell, Street. (Ward 8) Received. Keane, Polensek, Pruitt, Sweeney. Polen sek, Pruitt, Reed, Sweeney, 11:00 A.M. — Legislation Commit- Westbrook and Zone. File No. 780-11. tee: Mitchell, Chair; K. Johnson, Also present were Mayor Frank G. Re: #9710420 — D5, D6 Stock Vice Chair; Brancatelli, Cimperman, Jackson, Ken Silliman, Chief of Cleveland, Reed, Sweeney. Application — Winners on 185th Staff, Darnell Brown, Chief Operat- LLC, d.b.a. Winners Sports Club and ing Officer, Valarie J. McCall, Chief MONDAY Grille, 770 East 185th Street. (Ward of Government Affairs, Chris War- 11). Received ren, Chief of Regional Development, 2:00 P.M. — Finance Committee: Swee ney, Chair; Kelley, Vice Chair; Monyka S. Price, Chief of Education, CONDOLENCE RESOLUTIONS Brady, Brancatelli, Cleveland, Keane, Maureen Harper, Chief of Communi- Miller, Mitchell, Polensek, Pruitt, cations, Andrea V. Taylor, Press Sec- The rules were suspended and the Westbrook. retary, Natoya J. Walker-Miner, following Resolutions were adopted Chief of Public Affairs and Interim by a rising vote: TUESDAY Director of Equal Opportunity, Directors Triozzi, Dumas, Withers, Res. No. 782-11—Joseph Michael 9:30 A.M. — Community and Eco- Smith, Cox, Butler, Flask, Wasik, Rager. nomic Development Committee: Bran - Rush, Rybka, Southerington, Res. No. 783-11—Miles Kennedy. catelli, Chair; Dow, Vice Chair; Cim- Nichols, Griffin, Brown, Fumich and Res. No. 784-11—Jonathia Rogers. perman, Cummins, J. Johnson, Miller, Teresa Stevenson of Legislative Res. No. 785-11—Tony Washington. Pruitt, Westbrook, Zone. Affairs. 1:30 P.M. — Employment, Affir- Res. No. 786-11—Joseph M. Lahner. mative Action and Training Com- Pursuant to Ordinance No. 2926-76, mittee: Pruitt, Chair; Miller, Vice CONGRATULATION RESOLUTIONS the opening prayer was offered by Chair; Cummins, J. Johnson, K. Pastor Tim Walker of Church Alive, Johnson, Mitchell, Westbrook. The rules were suspended and the 4840 State Road located in Ward 13. following Resolutions were adopted WEDNESDAY — Alternating Pledge of Allegiance. without objection:

10:00 A.M. — Aviation and Trans- MOTION Res. No. 787-11—Professor Kermit portation Committee: Keane, Chair; J. Lind. Pruitt, Vice Chair; Cummins, J. John- On the motion of Council Member Res. No. 788-11—Booker T. Mal- son, K. Johnson, Kelley, Mitchell. Zone, the reading of the minutes of lard. 10:00 A.M. — Public Safety Com- the last meeting was dispensed with mittee: Conwell, Chair; Polensek, and the journal approved. Second- RECOGNITION RESOLUTIONS Vice Chair; Brady, Cleveland, Cum- ed by Council Member J. Johnson. mins, Dow, Miller, Mitchell, Zone. The rules were suspended and the WEDNESDAY — Alternating COMMUNICIATIONS following Resolutions were adopted without objection: 1:30 P.M. — Public Utilities Com- File No. 775-11. mittee: Kelley, Chair; Brady, Vice From Ohio CAT — Requesting an Res. No. 789-11—Asian American & Chair; Conwell, Cummins, Dow, Mil - Amended Request for Copy of A Pacific Islander Heritage Month ler, Polensek, Pruitt, Westbrook. Notice of Commencement (O.R.C. § 2011. 851 4 The City Record May 25, 2011

Res. No. 790-11—Syrian Cultural (b) Maintain the right-of-way and acquire for right-of-way purposes Garden. keep it free of obstruction in a man- such real property as is necessary to Res. No. 791-11—“Caring Individu- ner satisfactory to the State and hold make the Improvement. The consider- als — Stepping Out Against Breast the right-of-way inviolate for public ation to be paid for the property shall Cancer”. highway purposes; not exceed fair market value. Res. No. 792-11—Donna Marie Har- Section 5. (a) That all existing Section 10. That the Director of Cap- ris. streets and public rights-of-way with- ital Projects is authorized to execute in the City that are necessary for the on behalf of the City all documents FIRST READING EMERGENCY Improvement shall be made avail- necessary to acquire the property and ORDINANCES REFERRED able. to employ and pay all fees for title (b) That the City agrees that all companies, surveys, escrows, apprais- Ord. No. 745-11. right-of-way required for the ers, environmental audits, and all By Council Members Reed, K. John- described project will be acquired other costs necessary for acquisition son, Miller, Cleveland and Sweeney and/or made available under current of the property. (by departmental request). State and federal regulations. The Section 11. That the Director of Cap- An emergency ordinance giving City also understands that right-of- ital Projects is authorized to employ consent of the City of Cleveland to the way costs include eligible utility by contract or contracts one or more State for the rehabilitation of the Har- costs. consultants or one or more firms of vard Avenue bridge over Wheeling (c) That arrangements have been consultants for the purpose of supple- and Lake Erie Railway Company rail- or will be made with and agreements menting the regularly employed staff road just west of East 103rd Street; obtained from all utility companies of the several departments of the City authorizing the Director of Capital whose lines or structures will be of Cleveland in order to provide pro- Projects to enter into any relative affected by the Improvement. That fessional design, engineering and agreements; authorizing the Director the companies have agreed to make construction services necessary for of Capital Projects to hire one or more any and all necessary rearrange- the Improvement. consultants for design, engineering ments in such manner as to be clear of The selection of the consultants for and construction services; authoriz- any construction called for by the the services shall be made by the ing the Director to accept cash contri- plans for the Improvement. That the Board of Control on the nomination of butions from public and private enti- companies have agreed to make nec- the Director of Capital Projects from ties, NEORSD, and GCRTA for costs essary rearrangements immediately a list of qualified consultants avail- associated with the improvement and after notification by the City. able for employment as may be deter- to enter into agreements; and autho- (d) That the installation of all util- mined after a full and complete can- rizing the Commissioner of Purchases ity facilities on the right-of-way shall vass by the Director of Capital Pro- and Supplies to acquire for right-of- conform with the requirements of jects for the purpose of compiling a way purposes real property necessary Title 23 CFR 645 and the ODOT Utili- list. The compensation to be paid for to make the public improvement. ties Manual. the services shall be fixed by the Whereas, this ordinance consti- Section 6. That this Council Board of Control. The contract or con- tutes an emergency measure provid- requests the State to proceed with the tracts shall be prepared by the Direc- ing for the usual daily operation of Improvement. tor of Law, approved by the Director a municipal department; now, there- Section 7. That the Director of Capi- of Capital Projects and certified by fore, tal Projects is empowered on behalf the Director of Finance. Be it ordained by the Council of of the City to enter into contracts with Section 12. That the Director of Cap- the City of Cleveland: the Ohio Department of Transporta- ital Projects is authorized to accept Section 1. That it is declared to be tion’s (“ODOT’s”) pre-qualified con- cash contributions from public or pri- in the public interest that the consultants for the preliminary engineer- vate entities, NEORSD, and GCRTA sent of the City of Cleveland is ing phase of the Project and to enter for infrastructure restoration costs given to the Director of Trans- into contracts with the Director of associated with relocating, rehabili- portation of the State of Ohio (“the Transportation necessary to complete tating or reconstructing utility infra- State”) to construct the following the Improvement. Upon the request of improvement under plans, specifica- structure for the Improvement. That ODOT, the Director of Capital Pro- tions, and estimates approved by the the Director of Capital Projects is State: rehabilitation of the Harvard jects is also empowered to assign all authorized to enter into agreements Avenue bridge over Wheeling and rights, title, and interests of the City with the entities for this purpose. Lake Erie Railway Company rail- to ODOT arising from any agreement Section 13. That the cost of the con- road just west of East 103rd Street with its consultant in order to allow tracts, payments, property acquisi- (the “Improvement”). ODOT to direct additional or correction, and other expenditures autho- Section 2. That the City proposes to tive work, recover damages due to rized shall be paid from the fund or cooperate with the State in the cost of errors or omissions, and to exercise funds to which are credited any pro- the Improvement by assuming and all other contractual rights and reme- ceeds from the sale of 2011 general contributing the entire cost and dies afforded by law or equity. obligation bonds authorized by Ordi- expense of the Improvement, less the Section 8. The City agrees that if nance No. 130-11, passed February 14, amount of federal funds allocated by Federal Funds are used to pay the 2011, if the City sells such bonds, cash the Federal Highway Administration, cost of any consultant contract, the contributions accepted and appropri- United States Department of Trans- City shall comply with 23 CFR 172 in ated under this ordinance, and from portation, and less the State’s portion the selection of its consultant and the any other funds appropriated by the of the cost of the Improvement. The administration of the consultant con- Director of Finance for this purpose. entire cost of engineering, property tract. Further, the City agrees to Section 14. That the Clerk of Coun- acquisition, and environmental docu- incorporate ODOT’s “Specifications cil is authorized and directed to trans- mentation shall be borne by the City. for Consulting Services” as a contract mit to the State three (3) certified The City agrees to assume and con- document in all of its consultant con- copies of this ordinance immediately tribute 100% of the cost of any items tracts. The City agrees to require, as a on its taking effect, and it shall included in the construction contract scope of services clause, that all plans become the basis for proceeding with at the request of the City, which are prepared by the consultant must con- the Improvement. determined by the State not eligible form to ODOT’s current design stan- Section 15. That this ordinance is or made necessary by the Improve- dards and that the consultant shall be declared to be an emergency measure ment. responsible for ongoing consultant and, provided it receives the affirma- Section 3. That the Director of Capi- involvement during the construction tive vote of two-thirds of all the mem- tal Projects is authorized to enter into phase of the Improvement. The City bers elected to Council, it shall take one or more agreements with the agrees to include a completion sched- effect and be in force immediately State necessary to complete the ule acceptable to ODOT and to assist upon its passage and approval by the Improvement. ODOT in rating the consultant’s per- Mayor; otherwise it shall take effect Section 4. That on completion of the formance through ODOT’s Consultant and be in force from and after the ear- Improvement, the City will: Evaluation System. liest period allowed by law. (a) Maintain the Improvement Section 9. That notwithstanding Referred to Directors of Capital according to the provisions of the any provision of the Codified Ordi- Projects, Public Works, City Plan- statutes relating thereto and make nances of Cleveland, Ohio, 1976, to the ning Commission, Finance, Law; Com- ample financial and other provisions contrary, the Commissioner of Pur- mittees on Public Service, City Plan- for the maintenance; and chases and Supplies is authorized to ning, Finance. 852 May 25, 2011 The City Record 5

Ord. No. 746-11. By Council Member Sweeney (by departmental request). An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums opposite the names of the claimants. 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 Finance is authorized to pay as Moral Claims the sums opposite the names of the following claimants and charged against the fund:

Claimant: Claim No. Amount Division Fund

Department of Building and Housing

Parker, Kim 12156 $10,000.00 Building & Housing 01-800501-672000 Nguyen, Sam, Rep., 12302 $ 3,500.00 Zoning and Permits 01-800501-672000 Vietnamese Buddhist Association of Cleveland

Department of Public Safety — House of Corrections

Johnson, Chris 12299 $ 261.47 City Jail 01-600701-672000 Shenett, Willie J. 12300 197.00 City Jail 01-600701-672000 Alicia, Jeremi J. 12312 161.00 City Jail 01-600701-672000 Blackmon, Bobby 12316 50.00 City Jail 01-600701-672000

Department of Public Safety — Fire

Tarrify Properties 12305 $ 1,000.00 Fire 01-600302-672000

Department of Public Safety — Police

Stark, Linda 12223 $ 350.00 Police 01-600202-672000 Smith, Cleophas 12303 750.00 Police 01-600202-672000 Hough, Leonard 12307 750.00 Police 01-600202-672000

Department of Public Works — Vacant Lots

Lydia Ebert DBA East West Properties 12206 $ 500.00 Vacant Lots 01-701205-672000

Department of Public Works — Urban Forestry

Pickering, Debra 12260 $ 500.00 Urban Forestry 01-701204-672000 Golics Bar & Grill 12283 1,000.00 Urban Forestry 01-701204-672000 Martin, Darlene 12309 193.41 Urban Forestry 01-701204-672000

Department of Public Works — Waste

Charles Stone, Agent for Wynmar Building, LLC. 12297 $ 1,000.00 Waste Collection 01-400303-672000 Gannon, Deborah 12315 158.00 Waste Collection 01-400303-672000

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditioned on a City- approved written acceptance by the claimant of the City’s offer to pay this claim within six months from the effective date of this ordinance. 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 Finance, Law; Committee on Finance.

Ord. No. 747-11. Be it ordained by the Council of operational evaluations, water qual- By Council Members Kelley and the City of Cleveland: ity and operational data analysis, Sweeney (by departmental request). Section 1. That the Director of demonstration studies, design, or An emergency ordinance authoriz- Public Utilities is authorized to regulatory determinations, and other ing the Director of Public Utilities to employ by contract or contracts one related engineering services, for a employ one or more professional con- or more consultants or one or more period of one year, with two one- sultants to identify and resolve water firms of consultants for the purpose year options to renew, the second of quality problems in the treatment of supplementing the regularly which is exercisable through addi- plants or in the distribution system, employed staff of the several depart- tional legislative authority. for a period of one year, with two one- ments of the City of Cleveland in The selection of the consultants for year options to renew, the second of order to provide professional ser- the services shall be made by the which is exercisable through addi- vices necessary to identify and Board of Control on the nomination of tional legislative authority. resolve water quality problems in the Director of Public Utilities from a Whereas, this ordinance consti- the treatment plants or in the dis- list of qualified consultants available tutes an emergency measure provid- tribution system, including but not for employment as may be determined ing for the usual daily operation of limited to treatment process opti- after a full and complete canvass by a municipal department; now, there- mization, compliance planning for the Director of Public Utilities for the fore, new drinking water regulations, purpose of compiling a list. The com- 853 6 The City Record May 25, 2011 pensation to be paid for the services made for the requirements for the for a period less than the specified shall be fixed by the Board of Control. entire term. term may be taken if desired by the The contract or contracts authorized Section 3. That the Director of Port Commissioner of Purchases and Sup- shall be prepared by the Director of Control is authorized to apply and pay plies until provision is made for the Law, approved by the Director of Pub- for permits, licenses, or other autho- requirements for the entire term. lic Utilities, and certified by the rizations required by any regulatory The Director of Public Works is Director of Finance. agency or public authority to permit authorized to enter into one or more Section 2. That the cost of the con- performance of the work authorized contracts with a term of two years tract or contracts authorized shall be by this ordinance. instead of one year when there is a paid from Fund No. 52 SF 001, Request Section 4. That the costs of the con- financial advantage to the City. For No. RQS 2002, RL 2011-89. tract or contracts or other expendi- purposes of this ordinance, a finan- Section 3. That this ordinance is tures shall be paid from the sale of cial advantage shall be determined declared to be an emergency measure any future airport revenue bonds and by the Director of Public Works by and, provided it receives the affirma- shall be charged against the proper comparing the bids received for both tive vote of two-thirds of all the mem- appropriation accounts and the Direc- terms. bers elected to Council, it shall take tor of Finance shall certify the Bids shall also be taken so as to per- effect and be in force immediately amount of the initial purchase, which mit an award to be made for provision upon its passage and approval by the purchase, together with all later pur- of such services citywide or by sepa- Mayor; otherwise it shall take effect chases, shall be made on order of the rate contracts for the districts deter- and be in force from and after the ear- Commissioner of Purchases and Sup- mined by the Director of Public liest period allowed by law. plies under a delivery order against Works. Referred to Directors of Public Util- the contract or contracts certified by Section 2. That notwithstanding ities, Finance, Law; Committees on the Director of Finance. (RQN 3001, any provision of the Codified Ordi- Public Utilities, Finance. RL 2011-11) nances of Cleveland, Ohio, 1976, to the Section 5. That under Section 108(b) contrary, the Director of Public Ord. No. 748-11. of the Charter, the purchases autho- Works may require that each bid be By Council Members Keane, Cleve- rized by this ordinance may be made accompanied by a single bond secur- land and Sweeney (by departmental through cooperative arrangements ing both the execution of a contract request). with other governmental agencies. and the performance of the term of An emergency ordinance determin- The Director of Port Control may sign each contract. If a single bond secur- ing the method of making the public all documents that are necessary to ing both execution and performance improvement of constructing new and make the purchases, and may enter is required by the Director, it shall be installing replacement security bol- into one or more contracts with the substantially in accordance with the lards and making other related vendors selected through that cooper- form attached as Exhibit “A”. Each improvements at the Main Terminal ative process. bond, whether to secure the execution upper and lower roadways at Cleve- Section 6. That this ordinance is of a contract, its performance, or both, land Hopkins International Airport; declared to be an emergency measure shall be in an amount determined by and authorizing the Director of Port and, provided it receives the affirma- the Director of Public Works. Each Control to enter into one or more pub- tive vote of two-thirds of all the mem- bond submitted to secure the contract lic improvement requirement con- bers elected to Council, it shall take or contracts authorized by this ordi- tracts for the making of the improve- effect and be in force immediately nance shall be executed by a surety ment. upon its passage and approval by the authorized to do business in the State Whereas, this ordinance consti- Mayor; otherwise it shall take effect of Ohio and shall be acceptable to the tutes an emergency measure provid- and be in force from and after the ear- Director of Law. ing for the usual daily operation of liest period allowed by law. Section 3. That the cost of the con- a municipal department; now, there- Referred to Directors of Port Con- tract or contracts shall be charged fore, trol, City Planning Commission, against the proper appropriation Be it ordained by the Council of Finance, Law; Committees on Avia- account and the Director of Finance the City of Cleveland: tion and Transportation, City Plan- shall certify the amount of the initial Section 1. That, under Section 167 ning, Finance. purchase, which purchase, together of the Charter of the City of Cleve- with all later purchases, shall be land, this Council determines to Ord. No. 749-11. made on order of the Commissioner of make the public improvement of By Council Members K. Johnson, Purchases and Supplies under a req- constructing new and installing Miller and Sweeney (by departmental uisition against the contract or con- replacement security bollards and request). tacts certified by the Director of An emergency ordinance authoriz- making other related improvements Finance. (RQN 4003, RL 2011-22) ing the purchase by one or more Section 4. That this ordinance is at the Main Terminal upper and requirement contracts for construc- declared to be an emergency measure lower roadways at Cleveland Hop- tion and demolition debris disposal and, provided it receives the affirma- kins International Airport, for the services, for the Division of Waste tive vote of two-thirds of all the mem- Department of Port Control, by one Collection and Disposal, Department bers elected to Council, it shall take or more public improvement require- of Public Works. effect and be in force immediately ment contracts duly let to the low- Whereas, this ordinance consti- upon its passage and approval by the est responsible bidder or bidders on tutes an emergency measure provid- Mayor; otherwise it shall take effect a unit basis for the improvement. ing for the usual daily operation of and be in force from and after the ear- Section 2. That the Director of Port a municipal department; now, there- liest period allowed by law. Control is authorized to make one or fore, more written requirement contracts Be it ordained by the Council of BID GUARANTY AND under the Charter and the Codified the City of Cleveland: CONTRACT BOND Ordinances of Cleveland, Ohio, 1976, Section 1. That the Director of for the requirements for a two-year Public Works is authorized to make KNOW ALL MEN BY THESE period for the making of the above one or more written requirement PRESENTS, that we the ______public improvement with the lowest contracts under the Charter and the ______responsible bidder or bidders after Codified Ordinances of Cleveland, ______competitive bidding on a unit basis Ohio, 1976, for the requirements for (Name and Address) for the improvement for a period not the term of one or two years, for the as Principal and ______to exceed the specified term, pur- necessary items of construction and (Name of Surety) chased by the Commissioner of Pur- demolition debris disposal services as Surety are hereby held and firm- chases and Supplies on a unit basis in the approximate amount as pur- ly bound unto the City of Cleveland, for the Division of Cleveland Hopkins chased during the preceding term, hereinafter called the Obligee, in the International Airport, Department of purchased by the Commissioner of penal sum hereinafter stated, per- Port Control. Bids shall be taken in a Purchases and Supplies on a unit taining to the bid submitted by the manner that permits an award to be basis for the Division of Waste Col- Principal to the Obligee on made for all items as a single con- lection and Disposal, Department of ______(date) to tract, or by separate contract for each Public Works. Bids shall be taken undertake the project known ______or any combination of the items as the in a manner that permits an award ______Board of Control determines. Alter- to be made for all items of services ______nate bids for a period less than the as a single contract, or by separate The penal sum referred to herein specified term may be taken if contract for each or any combina- shall be ______desired by the Commissioner of Pur- tion of the items as the Board of ______chases and Supplies until provision is Control determines. Alternate bids ______. For the 854 May 25, 2011 The City Record 7 payment of the penal sum well and SIGNED AND SEALED this _____ lic Works, and certified by the Direc- truly to be made, we hereby jointly day of ______, 20___. tor of Finance. and severally bind ourselves, our Section 2. That the cost of the con- heirs, executors, administrators, suc - PRINCIPAL: SURETY: tract or contracts authorized shall be cessors, and assigns. paid from Fund No. 01-7004-6380, ______Request No. RQS 7004, RL 2011-64. THE CONDITION OF THE ABOVE Section 3. That this ordinance is OBLIGATION IS SUCH, that whereas BY: ______BY: ______declared to be an emergency measure the above named Principal has sub- Attorney-in-Fact and, provided it receives the affirma- mitted a bid on the above referred pro- tive vote of two-thirds of all the mem- ject; TITLE: ______bers elected to Council, it shall take NOW, THEREFORE, if the Obligee effect and be in force immediately accepts the bid of the Principal and SURETY COMPANY upon its passage and approval by the ADDRESS: Mayor; otherwise it shall take effect the Principal fails to enter into a prop- and be in force from and after the ear- er contract in accordance with the ______liest period allowed by law. bid, plans, details, specifications, and Street Referred to Directors of Public bills of material; and in the event the Works, Finance, Law; Committees on Principal pays to the Obligee the dif- ______Public Parks, Property, and Recre- ference not to exceed ten percent of City State ZIP ation, Finance. the penalty hereof between the amount specified in the bid and such Ord. No. 751-11. larger amount for which the Obligee SURETY AGENT’S By Council Members K. Johnson, may in good faith contract with the ADDRESS: Miller and Sweeney (by departmental next lowest and best bidder to per- request). form the work covered by the bid; or ______An emergency ordinance authoriz- in the event the Obligee does not Agency Name ing the purchase by one or more award the contract to the next lowest requirement contracts of traffic sig- and best bidder and resubmits the pro- ______nal and pavement marking equip- ject for bidding, the Principal will Street ment, including but not limited to pay the Obligee the difference not to poles, signals, controllers, aluminum, exceed ten percent of the penalty ______sign blanks, traffic paint, beads, hereof between the amount specified City State ZIP hardware, related incidental supplies in the bid, or the costs in connection and materials, and labor when neces- with the resubmission, of printing “Exhibit A” sary, and receiving scrap aluminum sign blank credit, for the Division of new contract documents, required Referred to Directors of Public Traffic Engineering, Department of advertising, and printing and mailing Works, Finance, Law; Committees on Public Works. notices to prospective bidders, Public Service, Finance. Whereas, this ordinance consti- whichever is less, then this obligation tutes an emergency measure provid- shall be void, otherwise to remain in Ord. No. 750-11. ing for the usual daily operation of full force and effect. If the Obligee By Council Members K. Johnson a municipal department; now, there- accepts the bid of the Principal and and Sweeney (by departmental fore, the Principal within ten days after request). Be it ordained by the Council of the awarding of the contract and sub- An emergency ordinance authoriz- the City of Cleveland: mitting to the Principal a contract for ing the Director of Public Works to Section 1. That the Director of execution, enters into a proper con- employ one or more professional con- Public Works is authorized to make tract in accordance with the bid, sultants to provide armed security one or more written requirement plans, details, specifications, and services at various indoor and out- contracts under the Charter and the bills of material, which said contract door recreation facilities, including Codified Ordinances of Cleveland, is made a part of this bond the same but not limited to, outdoor pools, Ohio, 1976, for the requirements for as though set forth herein; and recreation centers, and various sur- the period of one year or two years IF THE SAID Principal shall well rounding play areas, for a period not of the necessary items of traffic sig- and faithfully perform each and to exceed one year. nal and pavement marking equip- every condition of such contract; and Whereas, this ordinance consti- ment, including but not limited to indemnify the Obligee against all tutes an emergency measure provid- poles, signals, controllers, alu- ing for the usual daily operation of damage suffered by failure to per- minum, sign blanks, traffic paint, a municipal department; now, there- beads, hardware, related incidental form such contract according to the fore, supplies and materials, and labor provisions thereof and in accordance Be it ordained by the Council of when necessary, and receiving scrap with the plans, details, specifications, the City of Cleveland: aluminum sign blank credit, in the and bills of material therefor; and Section 1. That the Director of approximate amount as purchased shall pay all lawful claims of subcon- Public Works is authorized to during the preceding term, to be tractors, materialmen, and laborers employ by contract or contracts one purchased by the Commissioner of for labor performed and materials fur- or more consultants or one or more Purchases and Supplies on a unit nished in the carrying forward, per- firms of consultants for the purpose basis for the Division of Traffic forming, or completing said contract; of supplementing the regularly Engineering, Department of Public we agreeing and assenting that this employed staff of the several depart- Works. Bids shall be taken in a undertaking shall be for the benefit ments of the City of Cleveland in manner that permits an award to be of any materialman or laborer having order to provide professional ser- made for all items as a single con- a just claim as well as for the Obligee vices necessary to provide armed tract, or by separate contract for herein; then this obligation shall be security services at various indoor each or any combination of the void; otherwise the same shall remain and outdoor recreation facilities, items as the Board of Control deter- in full force and effect; it being including but not limited to, outdoor mines. Alternate bids for a period expressly understood and agreed that pools, recreation centers, and vari- less than the specified term may be the liability of the Surety for any and ous surrounding play areas, for a taken if desired by the Commis- all claims hereunder shall in no event period not to exceed one year. sioner of Purchases and Supplies exceed the penal amount of this oblig- The selection of the consultants for until provision is made for the the services shall be made by the requirements for the entire term. ation as herein stated. Board of Control on the nomination of Under Section 181.15 of the Codified THE SAID Surety hereby stipulates the Director of Public Works from a Ordinances of Cleveland, Ohio, 1976, and agrees that no modifications, list of qualified consultants available the contract or contracts may omissions, or additions, in or to the for employment as may be determined include a trade-in allowance for the terms of said contract or in or to the after a full and complete canvass by aluminum sign blanks. The Director plans and specifications therefor the Director of Public Works for the of Public Works is authorized to shall in any wise affect the obliga- purpose of compiling a list. The com- enter into one or more contracts tions of said Surety on this bond, and pensation to be paid for the services with a term of two years instead of it does hereby waive notice of any shall be fixed by the Board of Control. one year when there is a financial such modifications, omissions or addi- The contract or contracts authorized advantage to the City. For purposes tions to the terms of the contract or to shall be prepared by the Director of of this ordinance, a financial advan- the work or to the specifications. Law, approved by the Director of Pub- tage shall be determined by the 855 8 The City Record May 25, 2011

Director of Public Works by com- Health, under which the City will per- Be it ordained by the Council of paring the bids received for both form environmental assessments for the City of Cleveland: terms. lead hazards in residences occupied Section 1. That notwithstanding Section 2. That the costs of the con- by Medicaid-eligible children during and as an exception to the provi- tract or contracts shall be charged the grant term. The contract shall pro- sions of Chapters 181 and 183 of the against the proper appropriation vide that the City will receive com- Codified Ordinances of Cleveland, accounts and the Director of Finance pensation for performing the assess- Ohio, 1976, the Director of Public shall certify the amount of the initial ments in the estimated amount of Safety is authorized to lease from purchase, which purchase, together $50,000. The Director of Finance is Mercantile Associates certain space with all later purchases, shall be authorized to receive and accept the more fully described as follows: made on order of the Commissioner of compensation on behalf of the City approximately 5,400 square feet of Purchases and Supplies under a req- and the Director of Public Health is space located at 23600 Mercantile uisition against the contract or con- authorized to sign the documents nec- Road, Unit J, Beachwood, Ohio, and tracts certified by the Director of essary to enter into the contract. up to ten parking spaces (“Leased Finance. (RQN 4007, RL 2011-23) Section 4. That the Director of Pub- Premises”). Section 3. That under Section 108(b) lic Health shall have the authority to Section 2. That the term of the lease of the Charter, the purchases autho- extend the term of the grant during shall not exceed one year, beginning rized by this ordinance may be made the grant term. April 1, 2011, with one option to renew through cooperative arrangements Section 5. That the Director of Pub- for an additional one year period, with other governmental agencies. lic Health shall deposit the grant exercisable by the Director of Public The Director of Public Works may accepted under this ordinance into a Safety. sign all documents that are necessary fund or funds designated by the Section 3. That the rent for the lease to make the purchases, and may enter Director of Finance to implement the shall be a base rate of $3,400 per into one or more contracts with the program as described in the file and is month, which includes utilities, oper- appropriated for that purpose. vendors selected through that cooper- ating costs, and the City’s portion of Section 6. That the Director of Pub- ative process. maintenance costs for the non-exclu- lic Health is authorized to charge and Section 4. That this ordinance is sive use of common areas at 23600 accept fees for analyzing blood sam- declared to be an emergency measure Mercantile Road. ples at the Lead Lab from partici- and, provided it receives the affirma- Section 4. That the lease may autho- pants of this program, in the estimat- tive vote of two-thirds of all the mem- rize the City to make improvements to ed amount of $50,000, and to deposit the Leased Premises under terms to bers elected to Council, it shall take those fees into a revolving fund be determined by the parties consis- effect and be in force immediately which will be used to provide addi- tent with the public purpose or pur- upon its passage and approval by the tional services under the program Mayor; otherwise it shall take effect described in the file, and the funds poses of leasing space to store goods and be in force from and after the ear- are appropriated for that purpose. necessary for the operation of the liest period allowed by law. Section 7. That the cost of the con- Cleveland House of Corrections. Referred to Directors of Public tract or contracts authorized by this Section 5. That the lease may pro- Works, Finance, Law; Committees on ordinance shall be paid from the fund vide that the City shall have non- Public Service, Finance. or funds which are credited the grant exclusive use of common parking and proceeds, the Lead Lab fee for analyz- loading areas at 23600 Mercantile Ord. No. 752-11. ing blood samples, and from the Med- Road. By Council Members Cimperman icaid reimbursements accepted under Section 6. That the costs of the lease and Sweeney (by departmental this ordinance. shall be paid from Fund No. 01-600702- request). Section 8. That this ordinance is 636000, and from the funds budgeted An emergency ordinance authoriz- declared to be an emergency measure in 2012 and approved for this purpose, ing the Director of Public Health to and, provided it receives the affirma- Request No. RQS 6007, RL 2011-85. apply for and accept a grant from the tive vote of two-thirds of all the mem- Section 7. That the lease shall be Ohio Department of Health for the bers elected to Council, it shall take prepared by the Director of Law. 2011-12 Childhood Lead Poisoning effect and be in force immediately Section 8. That the Directors of Pub- Prevention Program; and to enter into upon its passage and approval by the lic Safety and Law, and other appro- contract with the Ohio Department of Mayor; otherwise it shall take effect priate City officials, are authorized to Health for performance of environ- and be in force from and after the ear- execute other documents and certifi- mental assessments of the residences liest period allowed by law. cates, and take other actions as may of Medicaid-eligible children. Referred to Directors of Public be necessary or appropriate to effect Whereas, this ordinance consti- Health, Finance, Law; Committees on the lease authorized by this ordi- tutes an emergency measure provid- Health and Human Services, Finance. nance. ing for the usual daily operation of Section 9. That this ordinance is a municipal department; now, there- Ord. No. 753-11. declared to be an emergency measure fore, By Council Members Conwell, and, provided it receives the affirma- Be it ordained by the Council of Cleveland and Sweeney (by depart- tive vote of two-thirds of all the mem- the City of Cleveland: mental request). bers elected to Council, it shall take Section 1. That the Director of An emergency ordinance authoriz- effect and be in force immediately Public Health is authorized to apply ing the Director of Public Safety to upon its passage and approval by the for and accept a grant in the lease property known as 23600 Mer- Mayor; otherwise it shall take effect approximate amount of $100,000 and cantile Road, Unit J, from Mercantile and be in force from and after the ear- any other funds that may become Associates for the public purpose of liest period allowed by law. available during the grant term, leasing space to store goods neces- Referred to Directors of Public from the Ohio Department of Health sary for the operation of the Cleve- Safety, City Planning Commission, to conduct the 2011-12 Childhood land House of Corrections, for a term Finance, Law; Committees on Public Lead Poisoning Prevention Pro- not to exceed one year, with one Safety, City Planning, Finance. gram; that the Director of Public option to renew for an additional one Health is authorized to file all year period, exercisable by the Direc- Ord. No. 754-11. papers and execute all documents tor of Public Safety. By Council Members Brancatelli necessary to receive the funds under Whereas, the City of Cleveland and Sweeney (by departmental the grant; and that the funds are requires certain space located at request). appropriated for the purposes set 23600 Mercantile Road, Unit J, in An emergency ordinance authoriz- forth in the summary for the grant Beachwood, Ohio, and up to ten ing the Director Economic Develop- contained in the file described parking spaces, and the non-exclu- ment to accept a gift of computers below. sive use of common parking and from the Cleveland Citywide Develop- Section 2. That the summary for the loading areas, for the public purpose ment Corporation, for the Department grant, File No. 752-11-A, made a part of of leasing space to store goods nec- Economic Development. this ordinance as if fully rewritten, as essary for the operation of the Whereas, this ordinance consti- presented to the Finance Committee Cleveland House of Corrections; and tutes an emergency measure provid- of this Council at the public hearing Whereas, Mercantile Associates ing for the usual daily operation of on this legislation and shall not be has proposed to lease the space to a municipal department; now, there- changed without additional legisla- the City of Cleveland; and fore, tive authority, is approved in all Whereas, this ordinance consti- Be it ordained by the Council of respects. tutes an emergency measure provid- the City of Cleveland: Section 3. That the Director of Pub- ing for the usual daily operation of Section 1. That The Director of lic Health is authorized to enter into a municipal department; now, there- Economic Development is autho- contract with the Ohio Department of fore, rized to accept a gift of computers, 856 May 25, 2011 The City Record 9 valued up to $35,000, from the Cleve- Street, a distance of 240.00 feet to a fit the public interest including such land Citywide Development Corpo- point; restrictive covenants and reversion- ration, for use in the Department of Thence North 89° 20' 35" East, a dis- ary interests as may be specified by Economic Development. tance of 25.00 feet to an iron pin set in the Board of Control, the Director of Section 2. That, notwithstanding the Easterly R/W of said East 79th Community Development or the Section 181.19 of the Codified Ordi- Street and being the principal place of Director of Law. nances of Cleveland, Ohio, 1976, the beginning; Section 6. That this ordinance is computers to be replaced in the Course I: Thence North 89° 20' 35" hereby declared to be an emergency Department of Economic Develop- East, passing through an iron pin set measure and, provided it receives the ment shall be given to the Depart- at a distance of 204.00 feet, a total dis- affirmative vote of two-thirds of all ment of Building and Housing. tance of 207.00 feet to a point, said the members elected to Council, it Section 3. That this ordinance is point being the Westerly line of land shall take effect and be in force imme- declared to be an emergency measure conveyed of John Jundy as recorded diately upon its passage and approval and, provided it receives the affirma- in AFN# 00704826 of the Cuyahoga by the Mayor; otherwise it shall take tive vote of two-thirds of all the mem- County Deed Records, effect and be in force from and after bers elected to Council, it shall take Course II: Thence South of 00 14' the earliest period allowed by law. effect and be in force immediately 26" East, along the Westerly line of Referred to Directors of Commu- upon its passage and approval by the said Jundy and the Westerly line of nity Development, City Planning Mayor; otherwise it shall take effect lands conveyed to Triangle Develop- Commission, Finance, Law; Commit- and be in force from and after the ear- ment Inc. as recorded in AFN# tees on Community and Economic liest period allowed by law. 199001080376, passing through an iron Development, Finance. Referred to Directors of Economic pin set at a distance of 3.00 feet, a dis- Development, Finance, Law; Commit- tance of 90.00 feet to an iron pin set in Ord. No. 756-11. tees on Community and Economic the Original Lot line of Lot Nos. 391 By Council Members Cleveland, Development, Finance. and 399, said point being in the Brancatelli and Sweeney (by depart- Northerly line of lands conveyed to mental request). Ord. No. 755-11. the City of Cleveland LB 80 as record- An emergency ordinance determin- By Council Member Dow. ed on May 28, 1981 per the Cuyahoga ing the method of making the public An emergency ordinance authoriz- County Records Department, Deed improvement of environmentally ing the sale of real property as part of Volume and Page unknown; remediating and redeveloping the for- the Land Reutilization Program and Course III: Thence South 89° 20' 35" mer Warner Swasey property located located on East 79th Street and 1827 West, along said Lot Line and the at 5701 Carnegie Avenue; and autho- East 79th Street to Alvin R. Sharp. Northerly line of said City of Cleve- rizing the Director of Economic Whereas, the City of Cleveland land LB 80, a distance of 207.00 feet to Development to enter into one or more has elected to adopt and implement an iron pin set in the Easterly R/W of public improvement contracts for the the procedures under Chapter 5722 said East 79th Street, said point being making of the improvement. of the Ohio Revised Code to facili- the Northwesterly corner of said City Whereas, under Ordinance No. 709- tate reutilization of nonproductive of Cleveland LB 80; 10, passed June 7, 2010, this Council lands situated within the City of Course IV: Thence North 00° 14' 26" authorized the Director of Econom- Cleveland; and West, along the Easterly R/W of said ic Development to apply for and Whereas, real property acquired East 79th Street, a distance of 90.00 accept a Clean Ohio grant from the under the City’s Land Reutilization feet to the principal place of begin- State of Ohio Department of Devel- Program is acquired, held, adminis- ning. opment for the remediation and tered and disposed by the City of Said parcel containing 0.4276 acres redevelopment of the former Warn- Cleveland through its Department of or 18,629 sq. ft. of land, be the same er-Swasey Building at 5701 Carnegie Community Development under the more or less, but subject to all legal Avenue; authorized a development terms of Chapter 5722 of the Ohio highways as surveyed and described agreement with Hemingway Devel- Revised Code and Section 183.021 of on January 2011 by Stan R. Loch, Ohio opment, LLC, or its designee, for the Codified Ordinances of the City of Registered Surveyor Number 8249. redevelopment of a portion of the Cleveland, 1976; and Bearings are per the centerline bear- property; and authorized the Com- Whereas, this ordinance consti- ing of East 79 Street per the Fayne missioner of Purchases and Supplies tutes an emergency measure provid- Assembly Plat as recorded in Plat to enter into an Option to Purchase ing for the usual daily operation of Volume 275, Page 78 and are used to Agreement with Hemingway Devel- a municipal department; now, there- denote angles only. The intent of the opment, LLC, or its designee, for the fore, above description is to combine the portion of the property which is the Be it ordained by the Council of lands conveyed to the City of Cleve- subject of the development agree- the City of Cleveland: land LB 2006 as recorded in ment; and Section 1. That under Section AFN#20061215809 and the lands con- Whereas, under Ordinance No. 183.021 of the Codified Ordinances of veyed to the City of Cleveland LB 2008 1567-10, passed December 6, 2010, Cleveland, Ohio 1976, the Commis- as recorded In AFN#200809080219 of this Council amended Ordinance No. sioner of Purchases and Supplies is the Cuyahoga County Deed Records 709-10 to, among other things, autho- authorized to sell the real property, after a 0.0475 acres split parcel. All rize other grant funding sources and more fully described below, to Alvin iron pins set are 5/8" x 30" rebar authorize a professional services R. Sharp. capped “Aztech 8249”. contract to provide technical sup- Section 2. That the real property to Section 3. That all documents neces- port, environmental oversight, envi- be sold pursuant to this ordinance is sary to complete the conveyance ronmental assessment services, and more fully described as follows: authorized by this ordinance shall be any other services necessary to executed within six (6) months of the assess, remediate, and maintain the P. P. Nos. 119-01-006 (part of) and 119- effective date of this ordinance. If all project site; and 01-007 (all of) of the documents are not executed Whereas, authority to enter into a Situated in the City of Cleveland, within six (6) months of the effective public improvement contract to per- County of Cuyahoga and State of date of this ordinance, or such addi- form the remediation work and rede- Ohio, and being part of Sublot No. 5 tional time as may be granted by the velopment of the property is neces- and all of Sublot No. 6 in the Lucretia Director of Community Development, sary in order to remediate the prop- M. Holt’s Subdivision of Eliza Hough this ordinance shall be repealed and erty for redevelopment in accor- and others’ Subdivision of part of shall be of no further force or effect. dance with the development and Original One Hundred Acre Lot Nos. Section 4. That the consideration grant agreements authorized by 391 and 392 as recorded in Plat Vol- for the subject parcel shall be estab- Ordinance No. 709-10, as amended by ume 5, Page 29 of the Cuyahoga Coun- lished by the Board of Control and Ordinance No. 1567-10; and ty Plat Records and being further shall be not less than Fair Market Whereas, this ordinance consti- bounded and described as follows: Value taking into account such terms tutes an emergency measure provid- Beginning at a point in the center- and conditions, restrictions and ing for the usual daily operation of line intersection of Hough Avenue, 66 covenants as are deemed necessary or a municipal department; now, there- foot R/W and East 79th Street, 50 foot appropriate. fore, R/W, said point being referenced by a Section 5. That the conveyance Be it ordained by the Council of stone monument with drill hole found authorized hereby shall be made by the City of Cleveland: South 00° 14' 26" East at a distance of official deed prepared by the Director Section 1. That, under Section 167 5.00 feet along the centerline of said of Law and executed by the Mayor on of the Charter of the City of Cleve- East 79th Street; behalf of the City of Cleveland. The land, this Council determines to Thence South 00° 14' 26" East, deed shall contain such provisions as make the public improvement of along the centerline of said East 79th may be necessary to protect and bene- environmentally remediating and 857 10 The City Record May 25, 2011 redeveloping the former Warner and each, or any combination, of the under Ordinance No. 709-10, passed Swasey property located at 5701 trades or components may be the sub- June 7, 2010, as amended by Ordi- Carnegie Avenue, for the Depart- ject of a separate contract for a gross nance No. 1567-10, passed December 6, ment of Economic Development, by price. On request of the director, the 2010. one or more contracts duly let to the contractor shall furnish a correct Section 5. That this ordinance is lowest responsible bidder or bidders schedule of unit prices, including declared to be an emergency measure after competitive bidding for a gross profit and overhead, for all items con- and, provided it receives the affirma- price for the improvement. stituting units of the improvement. tive vote of two-thirds of all the mem- Section 2. That the Director of Eco- Section 3. That the Director of Eco- bers elected to Council, it shall take nomic Development is authorized to nomic Development is authorized to effect and be in force immediately enter into one or more contracts for apply and pay for permits, licenses, or upon its passage and approval by the the making of the public improve- other authorizations required by any Mayor; otherwise it shall take effect ment with the lowest responsible bid- regulatory agency or public authority and be in force from and after the ear- der or bidders after competitive bid- to permit performance of the work liest period allowed by law. ding for a gross price for the improve- authorized by this ordinance. Referred to Directors of Economic ment, provided, however, that each Section 4. That the cost of the Development, City Planning Commis- separate trade and each distinct com- improvement authorized shall be paid sion, Finance, Law; Committees on ponent part of the improvement may from the fund or funds to which are Community and Economic Develop- be treated as a separate improvement, credited any grant funds received ment, City Planning, Finance.

Ord. No. 757-11. By Council Members Cimperman, K. Johnson, Miller and Sweeney (by departmental request). An emergency ordinance authorizing the Director of Public Works to make alterations and modifications in Contract No. CT 4002, PI 2010-56 for the construction of a new Downtown bike station with EnviroCom Construction Inc., for the Department of Public Works. 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 the following alterations and modifications in Contract No. CT 4002, PI 2010-56 with EnviroCom Construction Inc. for the construction of a new Downtown bike station, for the Department of Public Works:

Subsidiary Additions:

1) Installation of spray insulation on the existing concrete deck to meet OBC and LEED energy requirements $27,859.31

2) Fees to retain an independent Commissioning Authority to review and submit LEED application and to review the Installation of the HVAC system $ 3,045.00

3) Supplement to General Contingency $ 3,095.69 TOTAL SUBSIDIARY ADDITIONS $34,000.00

Original Contract Amount $594,600.00 Total Subsidiary Additions +34,000.00 REVISED CONTRACT AMOUNT $628,600.00 which alteration has been recommended in writing by the Director of Public Works, countersigned by the Mayor, and consented to by the surety on the contract, which price to be paid has been agreed upon in writing and signed by the Director of Public Works and the contractor. This alteration will cause an increase in the amount of the original contract in the sum of $34,000 to be paid from Fund Nos. 20 SF 381 and 20 SF 524, RQS 0110, RL 2011-122. Section 2. 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 Public Works, Finance, Law; Committees on Public Service, Finance.

Ord. No. 758-11. Localized Shelter Replacement and administrative services for the Run- By Council Members Keane and Runway Threshold Relocation Pro- way 28 Localized Shelter Replace- Sweeney (by departmental request). ject and related tasks; and ment and Runway Threshold Relo- An emergency ordinance authoriz- Whereas, Ordinance No. 186-07 cation Project and related tasks. ing the Director of Port Control to requires further legislation before This ordinance constitutes the addi- exercise the first option to renew Con- exercising the first option to renew tional legislative authority required tract No. 69197 with RW Armstrong, on this contract; and by Ordinance No. 186-07 to exercise Inc. to provide professional environ- Whereas, this ordinance consti- this option. mental assessment, design, and con- tutes an emergency measure provid- Section 2. That this ordinance is struction administrative services for ing for the usual daily operation of declared to be an emergency measure the Runway 28 Localized Shelter a municipal department; now, there- and, provided it receives the affirma- Replacement and Runway Threshold tive vote of two-thirds of all the mem- fore, Relocation Project and related tasks, bers elected to Council, it shall take Be it ordained by the Council of for the Department of Port Control. effect and be in force immediately Whereas, under the authority of the City of Cleveland: upon its passage and approval by the Ordinance No. 186-07, passed March Section 1. That the Director of Mayor; otherwise it shall take effect 12, 2007, the Director of Port Control Port Control is authorized to exer- and be in force from and after the ear- entered into Contract No. 69197 with cise the first option to renew Con- liest period allowed by law. RW Armstrong, Inc. to provide pro- tract No. 69197 for an additional Referred to Directors of Port Con- fessional environmental assessment, year with RW Armstrong, Inc. to trol, Finance, Law; Committees on design, and construction administra- provide professional environmental Aviation and Transportation, tive services for the Runway 28 assessment, design, and construction Finance. 858 May 25, 2011 The City Record 11

Ord. No. 766-11. yard Commons on adjacent neighbor- interest and a proper public purpose By Council Members Cimperman, hood commercial districts, and use of for the City to provide financing Brancatelli, Cleveland and Sweeney these funds will be guided by the pre- assistance for projects that have (by departmental request). viously approved retail impact study. business retention, expansion, and An emergency ordinance to amend The grants will be disbursed annual- attraction implication or that have the title, the second whereas clause, ly, on a competitive basis, under crite- certain job creation potential; and and Section 6 of Ordinance No. 1780-05, ria established by this Council and Whereas, in compliance with Sec- passed January 9, 2006, relating to the the Cleveland Citywide Development tion 13, of Article VIII, Ohio Con- establishment of the Steelyard Com- Corporation (CCDC). The grants will stitution, the City has established mons Urban Redevelopment Tax be authorized when approved by the the Cleveland Citywide Development Increment Equivalent Fund; and to Cleveland Citywide Development Cor- Corporation for review of proposed supplement the ordinance by adding poration and the Mayor, and the Coun- economic development projects; and new Sections 6a., 6b., and 6c., relating cil Member in whose ward the project Whereas, this project has been to authorizing grants. is located. Approval of the Council reviewed by the City’s Department Whereas, this ordinance consti- Member will be demonstrated by a let- of Economic Development and tutes an emergency measure provid- ter of support for the project. Projects approved by the Cleveland Citywide ing for the usual daily operation of in the following categories will be eli- Development Corporation on May 19, a municipal department; now, there- gible: 2011; and fore, Neighborhood Retail: Parking lots, Whereas, Council desires to autho- Be it ordained by the Council of interior improvements of retail loca- rize the development assistance to the City of Cleveland: tions and other costs that are not the project which has been reviewed Section 1. That the title, the sec- funded by the Storefront Renovation by the Department of Economic ond whereas clause, and Section 6 of Program. Projects should apply first Development and approved by the Ordinance No. 1780-05, passed Janu- for Storefront and NRAP funding and Cleveland Citywide Development ary 9, 2006, are amended to read as only apply for remaining gaps in total Corporation in compliance with the follows: projects costs. Ohio Constitution and statutory An emergency ordinance authoriz- Neighborhood Small and Start-up requirements; and ing the Director of Economic Devel- Businesses: to assist with small busi- Whereas, this ordinance consti- opment to enter into a Tax Increment ness expansion, refine business tutes an emergency measure provid- Financing Agreement with Steelyard plans, assist entrepreneurs to “get out ing for the usual daily operation of Commons LLC, to provide for pay- of the garage and into a storefront,” a municipal department; now, there- ments to the Cleveland City School etc.; fore, District and to provide for the cre- Neighborhood Arts Projects: pro- Be it ordained by the Council of ation of the Steelyard Commons TIF jects that enhance a neighborhood the City of Cleveland: Fund to be used for development and commercial/retail district; Section 1. That, provided that the recreational improvements; to declare Neighborhood Streetscape: in project meets the requirements for certain improvements to real property neighborhood commercial/residen- projects under Chapter 165 of the to be a public purpose; and authoriz- tial districts; Revised Code, the Director of Eco- ing the Director to enter into grant Neighborhood Industrial Sites: nomic Development is authorized to agreements with various entities for planning, environmental site assess- enter into contract with SDC Uni- retail assistance and other commer- ments, etc., of underused and/or aban- versity Circle Developer LLC, or its cial and industrial initiatives. doned neighborhood industrial sites; designee, to provide development Whereas, this under the authority and assistance to partially finance the of Ordinance No. 1541-05, passed Land Acquisition: to support com- construction of a Courtyard by Mar- October 17, 2005, and prior to the mercial development adjacent to the riott hotel at 2021 Cornell Road, and passage of this ordinance, the City Tow Path Trail. certain other costs necessary to approved both the acquisition and Section 6b. That the costs of the redevelop the property. conveyance of fee title to certain grant shall be paid from Fund No. 17 Section 2. That the terms of the loan real property, which is more partic- SF 032. ularly described in the documents Section 6c. That the agreements shall be according to the terms set set forth in the file described in this and other appropriate documents forth in the Summary contained in ordinance (the “Real Property”); and needed to complete the grant transac- File No. 774-11-A, made a part of this Section 6. That under Section tions authorized by this legislation ordinance as if fully rewritten, as pre- 5709.43 of the Revised Code there is shall be prepared by the Director of sented to the Finance Committee of hereby established a Steelyard Com- Law. this Council at the public hearing on mons Urban Redevelopment Tax Section 4. That this ordinance is this legislation, and are approved in Increment Equivalent Fund (“Steel- declared to be an emergency measure all respects and shall not be changed yard Commons TIF Fund”). Seventy and, provided it receives the affirma- without additional legislative author- percent (70%) of the fund shall be tive vote of two-thirds of all the mem- ity. used for acquisition of land and to bers elected to Council, it shall take Section 3. That the cost of the con- make improvements to the Tow Path effect and be in force immediately tract shall not exceed $780,621.00, and Trail and Canal Basin Park, and any upon its passage and approval by the shall be paid from Fund No. 10 SF 541, remaining funds shall be used for Mayor; otherwise it shall take effect which funds are appropriated for this additional connector trails. The and be in force from and after the ear- purpose, Request No. RQS 9501, RL remaining thirty percent (30%) shall liest period allowed by law. 2011-127. be used to provide grants for retail Referred to Directors of Economic Section 4. That the Director of Eco- assistance and other commercial and Development, City Planning Commis- nomic Development is authorized to industrial initiatives described in this sion, Finance, Law; Committees on accept such collateral as set forth in ordinance for neighborhoods listed in Community and Economic Develop- the file referenced above in order to the “Big Box Centers and Neighbor- ment, City Planning, Finance. secure repayment of the loan. Any hood Business Districts: Impact loan agreement, security instrument, Analysis and Competitive Strategy” Ord. No. 774-11. or other document shall be prepared Study completed on November 21, 2006 By Council Members Conwell, Bran- and approved by the Director of Law. by MJB consulting. catelli, Cleveland and Sweeney (by Section 5. That the Director of Eco- Section 2. That the existing title, departmental request). nomic Development is authorized to the second whereas clauses and Sec- An emergency ordinance authoriz- accept monies in repayment of the tion 6 of Ordinance No. 1780-05, passed ing the Director of Economic Devel- loan and to deposit the monies in January 9, 2006, are repealed. opment to enter into contract with Fund No. 10 SF 542. Section 3. That Ordinance No. 1780- SDC University Circle Developer LLC, Section 6. That the Director of Eco- 05, passed January 9, 2006, is supple- or its designee, to provide develop- nomic Development is authorized to mented by adding new Sections 6a., ment assistance to partially finance charge and accept fees in an amount 6b., and 6c., to read as follows: the construction of a Courtyard by not to exceed the maximum allowable Section 6a. That the Director of Eco- Marriott hotel at 2021 Cornell Road, fees under federal regulations and nomic Development is authorized to and certain other costs necessary to the fees are appropriated to cover enter into grant agreements with var- redevelop the property. costs incurred in the preparation of ious entities for retail assistance pro- Whereas, the Council of the City the loan application, closing and ser- grams and other commercial and of Cleveland has determined that to vicing of the loan. The fees shall be industrial initiatives, including land assist with business expansion, deposited to and expended from Fund acquisition, within the City. The retain and create jobs within the No. 17 SF 305, Loan Fees Fund. grants will be used primarily for pro- City of Cleveland, and increase the Section 7. That the contract and jects that offset the impacts of Steel- City’s tax base, it is in the public other appropriate documents needed 859 12 The City Record May 25, 2011 to complete the transaction autho- place special emphasis on the hard to bers elected to Council, it shall take rized by this legislation shall be pre- employ, including but not limited to effect and be in force immediately pared by the Director of Law. the disabled and persons who have upon its passage and approval by the Section 8. The contract authorized been convicted of or have pled guilty Mayor; otherwise it shall take effect in this legislation will require the to a criminal offense, unless the crim- and be in force from and after the ear- recipient of financial assistance to inal conviction or related circum- liest period allowed by law. work with, and/or cause their Ten- stances relate to the duties for the ants to work with, The Workforce particular job sought. Referred to Directors of Economic Investment Board for Workforce Section 9. That this ordinance is Development, City Planning Commis- Area No. 3 to identify and solicit qual- declared to be an emergency measure sion, Finance, Law; Committees on ified candidates for job opportunities and, provided it receives the affirma- Community and Economic Develop- related to the City’s contracts, and tive vote of two-thirds of all the mem- ment, City Planning, Finance.

FIRST READING EMERGENCY ORDINANCES READ IN FULL AND PASSED

Ord. No. 738-11. By Council Member Pruitt and Sweeney (by departmental request). An emergency ordinance approving the collective bargaining agreement with the IBEW, Local 39; and to amend Sec- tion 24 of Ordinance No. 947-08, passed June 9, 2008, 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 under division (B) of Section 4117.10 of the Revised Code, this Council approves the collective bargaining agreement with the IBEW, Local 39, under the terms contained in File No. 738-11-A, for the period from April 1, 2010 through March 31, 2013, and which provides, among other things, for an increase in the salaries and wages for members of the bargaining unit under the following schedule:

Increase Approximate Date of Increase* 0% April 1, 2010 0% April 1, 2011 3% April 1, 2012

* Wage increases shall be effective as follows:

(a) If April 1st falls in the first week of a pay period, then the wage increase shall be effective commencing at the beginning of that pay period; or (b) If April 1st falls in the second week of a pay period, then the wage increase shall be effective commencing at the beginning of the next pay period. Section 2. That Section 24 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 1009-08, passed July 2, 2008, Ordinance No. 316-09, passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009, and Ordinance No. 1041-10, passed August 18, 2010, is amended to read as follows:

Section 24. International Brotherhood of Electrical Workers, AFL-CIO, Local 39. 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. Apprentice Cable Splicer...... 22.22 24.89 2. Apprentice Lineman ...... 22.39 25.07 3. Cable Foreman...... 31.45 33.25 4. Cable Splicer...... 17.46 27.87 5. Cable Splicer Helper...... 20.44 24.24 6. Cable Splicer I ...... 28.15 29.82 7. Cable Splicer II ...... 17.14 27.35 8. Dispatcher Electric System Operator ...... 26.52 28.91 9. Electric Meter Industrial Installer ...... 28.05 29.71 10. Electric Meter Instrument Specialist and General Tester 28.37 30.04 11. Electric Meter Service Foremen...... 31.45 33.25 12. Electric Meter Service Installer I ...... 26.12 28.24 13. Electric Meter Service Installer II ...... 24.35 25.86 14. Electric Meterman Apprentice ...... 21.91 24.52 15. Electric Motor and Transformer Repairman ...... 17.38 27.70 16. Electric Switchboard Operator Foreman ...... 31.45 33.25 17. Electric Transmission and Distribution Inspector...... 28.15 31.38 18. Foreman Low Tension ...... 30.91 32.68 19. Gas Turbine Mechanic ...... 17.38 28.23 20. Gas Turbine Mechanic Apprentice...... 22.22 24.89 21. Intern Apprentice...... 10.00 31.38 22. Junior Electric Switchboard Operator ...... 22.36 23.80 23. Line Clearance Man...... 22.00 24.72 24. Line Foreman ...... 31.45 34.03 25. Line Helper Driver...... 17.73 24.25 26. Line Switchman ...... 30.16 32.69 27. Leader Lineman Low-Tension...... 29.99 31.73 28. Lineman ...... 28.15 29.82 29. Lineman Leader...... 26.27 27.86 30. Low Tension Lineman ...... 29.99 31.73 31. Low Tension Lineman Apprentice ...... 21.95 24.19 860 May 25, 2011 The City Record 13

32. Low Tension Trouble Lineman ...... 29.40 31.11 33. Police Division Trouble Lineman...... 19.19 30.56 34. Safety Signal Trouble Lineman ...... 19.19 30.56 35. Senior Cable Splicer...... 29.65 31.38 36. Senior Electric Switchboard Operator...... 24.63 26.16 37. Senior Lineman ...... 29.65 31.38 38. Signal System Powerman ...... 19.54 31.12 39. Telecommunications Technician ...... 29.40 31.11 40. Traffic Signal Control Technician ...... 31.11 32.90 41. Traffic Signal Control Technician 2 ...... 30.60 32.36 42. Transformer Repairman Foreman...... 31.45 33.25 43. Trouble Lineman...... 29.65 32.42 44. Underground Conduit Foreman ...... 31.45 33.25

Section 3. That Section 24 of Ordinance No. 947-08, passed June 9, 2008, as amended by Ordinance No. 1009-08, passed July 2, 2008, Ordinance No. 316-09, passed March 16, 2009, Ordinance No. 408-09, passed March 30, 2009, and Ordinance No. 1041-10, passed August 18, 2010, is amended to read as follows: Section 4. 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. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Nays 0.

Ord. No. 739-11. The rules were suspended. Yeas Motion to suspend rules, Charter, By Council Member Pruitt and 18. Nays 0. Read second time. Read and statutory provisions and place Sweeney (by departmental request). third time in full. Passed. Yeas 18. on final passage. An emergency ordinance approving Nays 0. The rules were suspended. Yeas the collective bargaining agreement 18. Nays 0. Read second time. Read with the Local 100, AFSCME Ohio Ord. No. 740-11. third time in full. Passed. Yeas 18. Council 8. By Council Member Pruitt and Nays 0. Whereas, this ordinance consti- Sweeney (by departmental request) tutes an emergency measure provid- An emergency ordinance approving Ord. No. 741-11. ing for the usual daily operation of the collective bargaining agreement By Council Members Conwell, Bran- a municipal department; now, there- with the Service Equipment Employ- catelli, Cleveland and Sweeney (by fore, ee Union (SEME), Local 1. departmental request). Be it ordained by the Council of Whereas, this ordinance consti- An emergency ordinance to amend the City of Cleveland: tutes an emergency measure provid- Section 1 of Ordinance No. 189-11, Section 1. That under division (B) ing for the usual daily operation of passed March 21, 2011, relating to the of Section 4117.10 of the Revised a municipal department; now, there- acquisition and re-conveyance of fore, Code, this Council approves the col- property presently owned by SDC Uni- Be it ordained by the Council of lective bargaining agreement with versity Circle Developer LLC, or its the City of Cleveland: the Local 100, AFSCME Ohio Coun- designee, located at 2021 Cornell cil 8, under the terms contained in Section 1. That under division (B) of Section 4117.10 of the Revised Road for the purpose of entering into File No. 739-11-A, for the period from Code, this Council approves the col- the chain-of-title prior to the adoption April 1, 2010 through March 31, 2013, lective bargaining agreement with of tax increment financing legisla- and which provides, among other the Service Equipment Employee tion and authorizing an agreement things, for an increase in the Union (SEME), Local 1, under the with SDC University Circle Developer salaries and wages for members of terms contained in File No. 740-11-A, LLC, or its designee. the bargaining unit under the fol- for the period from April 1, 2010 Whereas, this ordinance consti- lowing schedule: through March 31, 2013, and which tutes an emergency measure provid- provides, among other things, for an ing for the usual daily operation of Increase Approximate Date increase in the salaries and wages a municipal department; now, thereof Increase* for members of the bargaining unit fore, under the following schedule: Be it ordained by the Council of 0% April 1, 2010 the City of Cleveland: 0% April 1, 2011 Increase Approximate Date Section 1. That Section 1 of Ordi- 3% April 1, 2012 of Increase* nance No. 189-11, passed March 21, 2011, is amended to read as follows: * Wage increases shall be effective as 0% April 1, 2010 follows: 0% April 1, 2011 1.4924 ACRE PARCEL OF LAND 3% April 1, 2012 (a) If April 1st falls in the first Situated in the City of Cleveland, * Wage increases shall be effective as week of a pay period, then the wage County of Cuyahoga and State of follows: increase shall be effective commenc- Ohio, and known as being part of Sublot Numbers 189 through 192, 194, ing at the beginning of that pay peri- (a) If April 1st falls in the first od; or week of a pay period, then the wage and 195, and all of Sublot Numbers (b) If April 1st falls in the second increase shall be effective commenc- 193, 196, and 197 in Knight and week of a pay period, then the wage ing at the beginning of that pay peri- Richardson’s Subdivision of part of increase shall be effective commenc- od; or Original One Hundred Acre Lot Num- ing at the beginning of the next pay (b) If April 1st falls in the second ber 403, as shown on the recorded plat period. week of a pay period, then the wage in Volume 24 of Maps, Page 17 of Section 2. That this ordinance is increase shall be effective commenc- Cuyahoga County Records, and a part declared to be an emergency measure ing at the beginning of the next pay of Permanent Parcel Number 121-01- and, provided it receives the affirma- period. 008; tive vote of two-thirds of all the mem- Section 2. That this ordinance is Commencing at a stone monument bers elected to Council, it shall take declared to be an emergency measure with double drill holes found, effect and be in force immediately and, provided it receives the affirma- (southerly drill hole used), at the cen- upon its passage and approval by the tive vote of two-thirds of all the mem- ter line intersection of Cornell Road, Mayor; otherwise it shall take effect bers elected to Council, it shall take 60 feet wide, and Euclid Avenue, 100 and be in force from and after the ear- effect and be in force immediately feet wide, of which said monument liest period allowed by law. upon its passage and approval by the bears South 42°52'23" West, and pass- Motion to suspend rules, Charter, Mayor; otherwise it shall take effect ing over a drill hole in monument and statutory provisions and place and be in force from and after the ear- found, 0.07 feet (East), at the center on final passage. liest period allowed by law. line intersection of said Euclid 861 14 The City Record May 25, 2011

Avenue and Mayfield Road, 84 feet Road, a distance of 26.19 feet to an Permanent Parcel Number 121-01-031, wide and varies, a distance of 202.85 angle point; a distance of 9.47 feet to an angle feet thereform, a total distance of 4. Thence North 01°08'12" West con- point, and the northwesterly corner 324.08 feet to a one inch iron pin mon- tinuing along the southerly line of thereof; ument found at the center line inter- Mayfield Road, a distance of 10.00 feet 12. Thence South 42°52'23" West section of Euclid Avenue, 100 feet to an angle point; along the westerly line of Permanent wide, and Ford Drive, 55 feet wide; 5. Thence North 88°51'48" East con- Parcel Number 121-01-031, a distance thence South 47°03'17" East along the tinuing along the southerly line of of 200.00 feet to the northeasterly line center line of Cornell Road, a distance Mayfield Road, a distance of 60.73 feet of aforementioned Cornell Road, 60 of 49.96 feet to a point therein; thence to a point of curve; feet wide; North 42°52'43" East, a distance of 6. Thence continuing along the 13. Thence North 47°03'17" West 30.00 feet to the northeasterly line of southerly line of Mayfield Road, as along the northeasterly line of Cor- widened and recorded in Volume 227, Cornell Road, 60 feet wide at its inter- nell Road, 60 feet wide, a distance of Page 87 of Cuyahoga County Records, section with the southeasterly line of 239.98 feet to the True Point of Begin- and along the arc of a curve deflect- Euclid Avenue, 100 feet wide, and the ning, and containing 1.4924 acres southwesterly corner of land now or ing to the left and having a radius of 202.00 feet, a central angle of (65,011 square feet) of land, more or formerly owned by University Circle less, as surveyed under the supervi- East LLC, an Ohio limited liability 19°50'57", a tangent of 35.34 feet, a chord of 69.63 feet which bears South sion of Joseph R. Ciuni, P.S. Number company, Permanent Parcel Number 81°12'45" East, a distance of 69.98 feet 7394, for Glaus, Pyle, Schomer, Burns 121-01-001, as recorded by AFN to a point of tangency; & DeHaven, Inc., dba GPD Group, in 200309181629 of Cuyahoga County 7. Thence North 88°51'48" East con- May of 2011. Basis of Bearing : State Deed Records, said point also being tinuing along the southerly line of Plane Grid North NAD83 (NSRS2007), the TRUE POINT OF BEGINNING for Mayfield Road, a distance of 19.45 feet Ohio North Zone. the land hereinafter described, thence to a point therein, and the northwest- Legal Description approved by clockwise along the following thir- erly corner of Block “A", as recorded Greg Esber, Section Chief, Plats, Sur- teen courses and distances: In Volume 264, Page 56 of Cuyahoga veys and House Numbering Section. 1. Thence North 42°52'23" East county Records; Section 2. That existing Section 1 of along the southeasterly line of Euclid 8. Thence South 01°08'12" East Ordinance No. 189-11, passed March 21, Avenue, as widened and recorded in along the westerly line of said Block 2011, is repealed. Volume 4855, Pages 482-485 of Cuya- “A”, a distance of 138.00 feet to an Section 3. That this ordinance is hoga County Records, a distance of angle point, and the northeasterly declared to be an emergency measure 93.22 feet to a point of curvature; corner of land now or formerly owned and, provided it receives the affirma- 2. Thence continuing along the by University Hospitals of Cleveland, tive vote of two-thirds of all the mem- southeasterly line of Euclid Avenue, Permanent Parcel Number 121-01-031, bers elected to Council, it shall take and along the arc of a curve deflect- as recorded in Volume 577, Page 32 of effect and be in force immediately ing to the right and having a radius of Cuyahoga County Deed Records; upon its passage and approval by the 170.55 feet, a central angle of 9. Thence South 88°51'48" West Mayor; otherwise it shall take effect 45°59'23", a tangent of 72.38 feet, a along the northerly line of Permanent and be in force from and after the ear- chord of 133.25 feet which bears North Parcel Number 121-01-031, a distance liest period allowed by law. 65°52'06" East, a distance of 136.90 of 41.96 feet to an angle point; feet to a point of tangency on the 10. Thence North 01°08'12" West Motion to suspend rules, Charter, southerly line of Mayfield Road, 84 continuing along the northerly line of and statutory provisions and place feet wide and varies, as widened and Permanent Parcel Number 121-01-031, on final passage. recorded in Volume 4855, Pages 482- a distance of 0.48 feet to an angle The rules were suspended. Yeas 485 of Cuyahoga County Records; point; 18. Nays 0. Read second time. Read 3. Thence North 88°51'48" East 11. Thence South 72°23'29" West third time in full. Passed. Yeas 18. along the southerly line of Mayfield continuing along the northerly line of Nays 0.

Ord. No. 742-11. By Council Member Sweeney. An emergency ordinance to amend Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 908-10, passed July 14, 2010, relating to fees for publications and services. 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 Section 113.12 of the Codified Ordinances of the City of Cleveland, 1976, as amended by Ordi- nance No. 908-10, passed July 14, 2010, is hereby amended to read as follows:

Section 113.12 Fees for Publications and Services (a) The Clerk of Council is hereby authorized to collect the following fees for Codified Ordinance parts reflect- ing certain code sections passed by Cleveland City Council complete through June 10, 2003, an edition of the City Charter complete through December 31, 2008, and editions of Parts I, V, and VI, complete through December 31, 2009: Unit Cost

Charter $ 6.02 Part I. Administrative Code $ 11.17 Part II. Health Code $ 17.04 Part IIIA. Land Use Code, Planning and Housing $ 14.94 Part IIIB. Zoning Code $ 10.40 Part IIIC. Land Use Code, Housing Code $ 14.25 Part IIID. Land Use Code, Fire Prevention Code $ 19.60 Part IIIE. Building Code $ 10.40 Part IV. Traffic Code $ 14.37 Part V. Municipal Utilities and Services Code $ 9.85 Part VI. Offenses and Business Activities Code $ 11.05 Complete Set $139.10

A complete set of the Codified Ordinances includes the Charter and all Parts noted above. The General Index, User’s Guide, tabbed dividers and binder, can be made available at an additional cost. (b) The Clerk of Council shall annually publish a supplement to the Codified Ordinances, which shall incorporate all legislative changes enacted by Cleveland City Council during the previous 12 months. 862 May 25, 2011 The City Record 15

(c) The Clerk of Council is hereby authorized to collect the following fees for the supplement to the Codified Ordinances containing amendments passed by City Council from January 1, 2010 through December 31, 2010:

Supplement Unit Cost

Part I. $ 24.37 Part IIIB. $ 24.67 Part VI. $ 24.36 Complete Bound cumulative supplement (Charter & all parts)___ $278.00

(d) The Clerk of Council shall charge one dollar ($1.00) for each certification and five cents ($0.05) per page for copies of ordinances, resolutions, reports, communications and other documents. (e) All fees specified herein are net and any sales tax or postage, if applicable, shall be in addition to the fees set forth herein. (f) All fees collected in accordance with divisions (a) and (c) of this Section shall be deposited into a special revenue fund and such funds shall be used only for costs associated with reviewing, compiling, updating, index- ing, printing, and/or codifying the Codified Ordinances and any supplements to the Codified Ordinances, including any costs associated with alternative formats and internet accessibility. Section 2. That existing Section 113.12 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordi- nance No. 908-10, passed July 14, 2010, is hereby repealed. Section 3. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules, Charter, and statutory provisions and place on final passage. The rules were suspended. Yeas 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Nays 0.

Ord. No. 743-11. uisite to peddling upon public rights Whereas, this ordinance consti- By Council Member Sweeney. of way outside of the Central Busi- tutes an emergency measure provid- An emergency ordinance authoriz- ness District; and ing for the usual daily operation of ing the Clerk of Council to enter into Whereas, this Council has consid- a municipal department; now, there- an agreement with Thunder Tech for ered the request of Hattie Tindall to fore, the professional services necessary to engage in peddling outside of the Be it ordained by the Council of provide a software solution to update, Central Business District, and has the City of Cleveland: customize and implement a Cleveland determined that it is in the public Section 1. That the intersection of City Council website and to create a interest to allow Hattie Tindall ped- East 174th Street and Nottingham Council Intranet site. dle in Ward 6; and Road by St. John’s Lutheran Church Whereas, this ordinance consti- Whereas, this ordinance consti- is designated with a secondary and tutes an emergency measure provid- tutes an emergency measure provid- honorary designation of “Pastor ing for the usual daily operation of ing for the usual daily operation of Walther Marcis Way.” a municipal department; now, there- a municipal department; now, there- Section 2. That this ordinance is fore, fore, hereby declared to be an emergency Be it ordained by the Council of Be it ordained by the Council of measure and, provided it receives the the City of Cleveland: the City of Cleveland: affirmative vote of two-thirds of all Section 1. That the Clerk of Coun- Section 1. That this Council con- the members elected to Council, it cil is authorized to enter into an sents, as required by, Section 675.07 shall take effect and be in force imme- agreement with Thunder Tech for of the Codified Ordinances to allow diately upon its adoption and the professional services necessary to Hattie Tindall to engage in approval by the Mayor; otherwise it to provide a software solution to mobile peddling in the public rights shall take effect and be in force from update, customize and implement a of way of Ward 6 at 3300-3308 East and after the earliest period allowed Cleveland City Council website and 93rd Street. by law. to create a Council Intranet site. Section 2. That all of the require- Motion to suspend rules, Charter, The cost of all services under this ments of Chapter 675 of the Codified and statutory provisions and place agreement shall not exceed $30,000 Ordinances shall apply to the persons on final passage. and shall be paid for from fund 11-006. named in Section 1 of this ordinance. The rules were suspended. Yeas Section 2. That this ordinance is Section 3. That the privilege grant- 18. Nays 0. Read second time. Read hereby declared to be an emergency ed may be revoked at any time by this third time in full. Passed. Yeas 18. measure and, provided it receives the Council. Nays 0. affirmative vote of two-thirds of all Section 4. That this ordinance is the members elected to Council, it declared to be an emergency measure Ord. No. 760-11. shall take effect and be in force imme- and, provided it receives the affirma- By Council Member Polensek. diately upon its passage and approval tive vote of two-thirds of all the mem- An emergency ordinance designat- by the Mayor; otherwise it shall take bers elected to Council, it shall take ing the intersection of Waterloo Road effect and be in force from and after effect and be in force immediately and East 156th Street with a sec- the earliest period allowed by law. upon its passage and approval by the ondary and honorary designation of Motion to suspend rules, Charter, Mayor; otherwise, it shall take effect “Miles Kennedy Square.” and statutory provisions and place and be in force from and after the ear- Whereas, this ordinance consti- on final passage. liest period allowed by law. tutes an emergency measure provid- The rules were suspended. Yeas Motion to suspend rules, Charter, ing for the usual daily operation of 18. Nays 0. Read second time. Read and statutory provisions and place a municipal department; now, there- third time in full. Passed. Yeas 18. on final passage. fore, Nays 0. The rules were suspended. Yeas Be it ordained by the Council of 18. Nays 0. Read second time. Read the City of Cleveland: Ord. No. 744-11. third time in full. Passed. Yeas 18. Section 1. That the intersection of By Council Member Mitchell. Nays 0. Waterloo Road and East 156th An emergency ordinance authoriz- Street is designated with a sec- ing the issuance of a Temporary Side- Ord. No. 759-11. ondary and honorary designation of walk Occupancy Permit to Hattie Tin- By Council Member Polensek. “Miles Kennedy Square.” dall to engage in peddling in Ward 6. An emergency ordinance designat- Section 2. That this ordinance is Whereas, pursuant to Section ing the intersection of East 174th hereby declared to be an emergency 675.07 of the Codified Ordinances of Street and Nottingham Road by St. measure and, provided it receives the Cleveland, Ohio, 1976, (the “Codified John’s Lutheran Church with a sec- affirmative vote of two-thirds of all Ordinances”) the consent of Council ondary and honorary designation of the members elected to Council, it expressed by ordinance is a prereq- “Pastor Walther Marcis Way.” shall take effect and be in force imme- 863 16 The City Record May 25, 2011 diately upon its adoption and Section 1. That the Director of the Whereas, this ordinance consti- approval by the Mayor; otherwise it Department of Community Develop- tutes an emergency measure provid- shall take effect and be in force from ment be authorized to enter into an ing for the usual daily operation of and after the earliest period allowed agreement with the Famicos Foun- a municipal department; now, thereby law. dation for the Fatherhood Action fore, Motion to suspend rules, Charter, Initiative and Training Haven Pro- Be it ordained by the Council of and statutory provisions and place ject for the public purpose of pro- the City of Cleveland: on final passage. viding instructional programming Section 1. That the Director of The rules were suspended. Yeas and education on the development of Finance is authorized to enter into 18. Nays 0. Read second time. Read fatherhood skills and healthy father an agreement with Cleveland Com- and child interaction for residents third time in full. Passed. Yeas 18. munity Access Corporation residing in the city of Cleveland Nays 0. (“CCAC”) for CCAC’s management through the use of Ward 7 Neigh- borhood Equity Funds. of public access channels. Ord. No. 761-11. Section 2. That the cost of said con- Section 2. That the agreement shall By Council Member Zone. tract shall be in an amount not to not exceed $200,000 and shall be paid An emergency ordinance authoriz- exceed $15,000 and shall be paid from from the fund or funds designated by ing the Director of the Department of Fund No. 10 SF 166. the Director of Finance and appropri- Community Development to enter into Section 3. That the Director of Law ated for this purpose. an agreement with the Detroit Shore- shall prepare and approve said con- Section 3. That this ordinance is way Community Development Orga- tract and that the contract shall con- declared to be an emergency measure nization for the Gordon Square Arts tain such terms and provisions as he and, provided it receives the affirma- District Community Event through deems necessary to protect the City’s tive vote of two-thirds of all the mem- the use of Ward 15 Neighborhood interest. bers elected to Council, it shall take Equity Funds. Section 4. That this ordinance is effect and be in force immediately Whereas, this ordinance consti- hereby declared to be an emergency upon its passage and approval by the tutes an emergency measure provid- measure and, provided it receives the Mayor; otherwise it shall take effect ing for the usual daily operation of affirmative vote of two-thirds of all and be in force from and after the ear- a municipal department; now, there- the members elected to Council, it liest period allowed by law. fore, shall take effect and be in force imme- Be it ordained by the Council of diately upon its passage and approval Motion to suspend rules, Charter, the City of Cleveland: by the Mayor; otherwise it shall take and statutory provisions and place Section 1. That the Director of the effect and be in force from and after on final passage. Department of Community Develop- the earliest period allowed by law. The rules were suspended. Yeas ment be authorized to enter into an Motion to suspend rules, Charter, 18. Nays 0. Read second time. Read agreement with the Detroit Shore- and statutory provisions and place third time in full. Passed. Yeas 18. way Community Development Orga- on final passage. Nays 0. nization for the Discover Gordon The rules were suspended. Yeas Square Arts District Community 18. Nays 0. Read second time. Read Ord. No. 771-11. Event for the public purpose of pro- third time in full. Passed. Yeas 18. By Council Member Sweeney. viding arts education, urban gar- Nays 0. An emergency ordinance authoriz- dening programs and housing reha- ing the Clerk of Council to enter into bilitation information for city of Ord. No. 764-11. a professional services agreement Cleveland residents through the use By Council Member Keane. of Ward 15 Neighborhood Equity with Francesca Piccirillo to provide An emergency ordinance authoriz- assistance to the Office of the Clerk Funds. ing the Director of Port Control to and the members of Cleveland City Section 2. That the cost of said con- enter into a lease with the USS Cod or Council in any and all matters related tract shall be in an amount not to its designee for use of parking Lots 9 exceed $10,000 and shall be paid from and 10. to official Council business. Fund No. 10 SF 166. Whereas, this ordinance consti- Whereas, this ordinance consti- Section 3. That the Director of Law tutes an emergency measure provid- tutes an emergency measure provid- shall prepare and approve said con- ing for the usual daily operation of ing for the usual daily operation of tract and that the contract shall con- a municipal department; now, there- a municipal department; now, there- tain such terms and provisions as he fore, fore, deems necessary to protect the City’s Be it ordained by the Council of Be it ordained by the Council of interest. the City of Cleveland: the City of Cleveland: Section 4. That this ordinance is Section 1. That the Director of Section 1. That the Clerk of Coun- hereby declared to be an emergency Port Control is authorized to enter cil is authorized to enter into a pro- measure and, provided it receives the into a lease with the USS Cod or its fessional services agreement with affirmative vote of two-thirds of all designee for use of parking Lots 9 Francesca Piccirillo to provide assis- the members elected to Council, it and 10 for a period of 6 months tance to the Office of the Clerk and shall take effect and be in force imme- beginning June 1, 2011. That the the members of Cleveland City diately upon its passage and approval lease shall contain all such other Council in any and all matters relat- by the Mayor; otherwise it shall take provisions that the Director of Law ed to official Council business, as effect and be in force from and after deems appropriate. may be directed by the Clerk or her the earliest period allowed by law. Section 2. That this ordinance is designees. The agreements shall Motion to suspend rules, Charter, declared to be an emergency measure begin June 1, 2011 and terminate and statutory provisions and place and, provided it receives the affirma- August 31, 2011. The individuals on final passage. tive vote of two-thirds of all the mem- shall be paid on an hourly basis in The rules were suspended. Yeas bers elected to Council, it shall take an amount not to exceed 10.00 per 18. Nays 0. Read second time. Read effect and be in force immediately hour and shall be certified from upon its passage and approval by the third time in full. Passed. Yeas 18. fund numbers 632000-01-010100 Mayor; otherwise it shall take effect Nays 0. and/or Fund No. 10 SF 166. and be in force from and after the ear- Section 2. That this ordinance is liest period allowed by law. Ord. No. 762-11. hereby declared to be an emergency Motion to suspend rules, Charter, By Council Member Dow. measure and, provided it receives the and statutory provisions and place An emergency ordinance authoriz- affirmative vote of two-thirds of all on final passage. ing the Director of the Department of the members elected to Council, it The rules were suspended. Yeas Community Development to enter into shall take effect and be in force imme- 18. Nays 0. Read second time. Read an agreement with the Famicos Foun- diately upon its passage and approval third time in full. Passed. Yeas 18. dation for the Fatherhood Action Ini- by the Mayor; otherwise it shall take tiative and Training Haven Project Nays 0. effect and be in force from and after through the use of Ward 7 Neighbor- the earliest period allowed by law. hood Equity Funds. Ord. No. 765-11. Motion to suspend rules, Charter, Whereas, this ordinance consti- By Council Member Sweeney. tutes an emergency measure provid- An emergency ordinance authoriz- and statutory provisions and place ing for the usual daily operation of ing the Director of Finance to enter on final passage. a municipal department; now, there- into an agreement with Cleveland The rules were suspended. Yeas fore, Community Access Corporation for 18. Nays 0. Read second time. Read Be it ordained by the Council of management of public access chan- third time in full. Passed. Yeas 18. the City of Cleveland: nels. Nays 0. 864 May 25, 2011 The City Record 17

Ord. No. 781-11. A notice identifying the time of the Whereas, this Council objected to By Council Member Brady. meeting as well as a schedule of com- a D2, D2X, D3 and D3A Liquor Per- An emergency ordinance authoriz- mittee meetings, if any, to be held mit to 3180-84 West 25th Street, 1st ing and directing the director of Pub- prior to the meeting shall be prepared floor and basement by Resolution lic Service to issue a permit to the by the Clerk prior to each of the above No. 1122-10 adopted by the Council Halloran Park Summer Concert Club meeting dates. The Council will on August 18, 2010; and to stretch banners at West 117th resume regular session at 7:00 p.m. on Whereas, this Council wishes to (westside); 5 poles at Halloran Park, Monday, September 12, 2011. withdraw its objection to the above W. 117th (eastside); 3 poles at corner Section 2. That this resolution is renewal and consents to said renew- of Thrush & W. 117th; 3575 W. 117th; hereby declared to be an emergency al; and and corner of Dale & West 117th; for measure and, provided it receives the Whereas, this resolution consti- the period of time from July 4, 2011 to affirmative vote of two-thirds of all tutes an emergency measure provid- August 2, 2011, inclusive, publicizing the members elected to Council, it ing for the usual daily operation of the Summer Concert at Halloran shall take effect and be in force imme- a municipal department; now, there- Park. diately upon its adoption and fore, Whereas, this ordinance constitutes approval by the Mayor; otherwise it Be it resolved by the Council of an emergency measure providing for shall take effect and be in force from the City of Cleveland: the usual daily operation of a munici- and after the earliest period allowed Section 1. That objection to a D2, pal department; now, therefore, by law. D2X, D3 and D3A Liquor Permit to Be it ordained by the Council of Motion to suspend rules, Charter, Speakeasy Management, Inc., 3180-84 the City of Cleveland: and statutory provisions and place West 25th Street, 1st floor and base- Section 1. That notwithstanding on final adoption. ment, Cleveland, Ohio 44109, Perma- the provision of Section 623.13 of the The rules were suspended. Yeas nent Number 8412882 be and the Codified Ordinances of Cleveland, 18. Nays 0. Read second time. Read same is hereby withdrawn and Res- Ohio, 1976, the Director of Public third time in full. Adopted. Yeas olution No. 1122-10, containing such Service is hereby authorized and 18. Nays 0. objection, be and the same is here- directed to issue a permit to the Hal- by repealed and that this Council loran Park Summer Concert Club to Res. No. 767-11. consents to the immediate renewal stretch banners at West 117th (west- By Council Member Cimperman. thereof. side); 5 poles at Halloran Park, W. An emergency resolution with- Section 2. That this resolution is 117th (eastside); 3 poles at corner of drawing objections to the renewal of hereby declared to be an emergency Thrush & W. 117th; 3575 W. 117th; a D5 and D6 Liquor Permit at 2325 measure and provided it receives the and corner of Dale & West 117th; for Elm Street, and repealing Resolution affirmative vote of two-thirds of all the period of time from July 4, 2011 Nos. 956-10 and 1111-10, objecting to the members elected to Council, it to August 2, 2011, inclusive, publi- said renewal. shall take effect and be in force imme- cizing the Summer Concert at Hal- Whereas, this Council objected to diately upon its adoption and loran Park; inclusive. Said banners a D5 Liquor Permit to 2325 Elm approval by the Mayor; otherwise, it shall be approved by the Director of Street, Bar 3 & 4 by Resolution No. shall take effect and be in force from Public Safety, as to type, method of 956-10 adopted by the Council on and after the earliest period allowed affixing and location so as to not July 14, 2010 and Resolution No. by law. interfere with any sign erected and 1111-10 adopted by the Council on Motion to suspend rules, Charter, maintained under the requirements August 18, 2010; and of law or ordinance. The permission and statutory provisions and place Whereas, this Council wishes to on final adoption. of the owner of any pole from which withdraw its objections to the above The rules were suspended. Yeas a banner will be hung must be renewal and consents to said renew- 18. Nays 0. Read second time. Read obtained prior to issuance of the al; and permit. No commercial advertising Whereas, this resolution consti- third time in full. Adopted. Yeas shall be printed or permitted on said tutes an emergency measure provid- 18. Nays 0. banner and said banners shall be ing for the usual daily operation of removed promptly upon the expira- a municipal department; now, there- Res. No. 769-11. tion of said permit. fore, By Council Member Kelley. Section 2. That this ordinance is Be it resolved by the Council of An emergency resolution objecting hereby declared to be an emergency the City of Cleveland: to the transfer of ownership of a D5 measure and, provided it received the Section 1. That objections to a D5 Liquor Permit to 6101 Memphis affirmative vote of two-thirds of all Liquor Permit to Metropolis Night Avenue. the members elected to Council, it Club, Inc., 2325 Elm Street, Bar 3 Whereas, Council has been noti- shall take effect and be in force imme- and 4, Cleveland, Ohio 44113, Per- fied by the Department of Liquor diately upon its passage and approval manent Numbers 5870816, Control of an application for the by the Mayor; otherwise, it shall take 58708160003 and 58708160004 be and transfer of ownership of a D5 Liquor effect and be in force from and after the same is hereby withdrawn and Permit from Cal Ger, LLC, DBA the earliest period allowed by law. Resolution Nos. 956-10 and 1111-10, Memphis Station, 6101 Memphis Motion to suspend rules, Charter, containing such objections, be and Avenue, Cleveland, Ohio 44144, Per- and statutory provisions and place the same is hereby repealed and manent Number 1184084 to Memphis on final passage. that this Council consents to the Station, LLC, DBA Memphis Station, The rules were suspended. Yeas immediate renewal thereof. 6101 Memphis Avenue, Cleveland, 18. Nays 0. Read second time. Read Section 2. That this resolution is Ohio 44144, Permanent Number third time in full. Passed. Yeas 18. hereby declared to be an emergency 5830264; and Nays 0. measure and provided it receives the Whereas, the granting of this affirmative vote of two-thirds of all application for a liquor permit to FIRST READING EMERGENCY the members elected to Council, it this high crime area, which is RESOLUTIONS READ IN FULL shall take effect and be in force imme- already saturated with other liquor AND ADOPTED diately upon its adoption and outlets, is contrary to the best inter- approval by the Mayor; otherwise, it ests of the entire community; and Res. No. 763-11. shall take effect and be in force from Whereas, the applicant does not By Council Member Sweeney. and after the earliest period allowed qualify to be a permit holder and/or An emergency resolution fixing the by law. has demonstrated that he has oper- 2011 summer schedule of meetings of Motion to suspend rules, Charter, ated his liquor business in disregard the Council of the City of Cleveland. and statutory provisions and place of the laws, regulations or local Whereas, this resolution consti- on final adoption. ordinances of this state or any other tutes an emergency measure for the The rules were suspended. Yeas state; and immediate preservation of public 18. Nays 0. Read second time. Read Whereas, the place for which the peace, property, health or safety, third time in full. Adopted. Yeas permit is sought has not conformed now, therefore, 18. Nays 0. to the building, safety or health Be it resolved by the Council of requirements of the governing body the City of Cleveland: Res. No. 768-11. of this County or City; and Section 1. That the schedule of By Council Member Cummins. Whereas, the place for which the meetings during the 2011 summer An emergency resolution with- permit is sought is so arranged or months of the Council of the City of drawing objection to the renewal of a constructed that law enforcement Cleveland is hereby fixed as fol- D2, D2X, De and D3A Liquor Permit at officers or agents of the Department lows: 3180-84 West 25th Street, 1st floor and of Liquor Control are prevented rea- July 20, 2011 basement, and repealing Resolution sonable access to the establishment; August 17, 2011 No. 1122-10, objecting to said renewal. and 865 18 The City Record May 25, 2011

Whereas, the place for which the ordinances of this state or any other politan planning organizations permit is sought is so located with state; and (“MPOs”) be designed with “pedes- respect to the neighborhood that it Whereas, the place for which the trians, bicyclists, public transit substantially interferes with public permit is sought has not conformed users, children, older individuals, decency, sobriety, peace or good to the building, safety or health individuals with disabilities, order; and requirements of the governing body motorists, and freight vehicles” in Whereas, this objection is based of this County or City; and mind; and on other legal grounds as set forth Whereas, the place for which the Whereas, H.R. 1780 calls for con- in Revised Code Section 4303.292; permit is sought is so arranged or sideration of the “safety and conve- and constructed that law enforcement nience” of all users in “all phases of Whereas, this resolution consti- officers or agents of the Department project planning and development”; tutes an emergency measure provid- of Liquor Control are prevented rea- and ing for the immediate preservation sonable access to the establishment; Whereas, currently, 23 states, the of the public peace, prosperity, safe- and District of Columbia, Puerto Rico ty and welfare pursuant to Section Whereas, the place for which the and more than 2,000 regional and 4303.26 of the Ohio Revised Code. permit is sought is so located with local communities have adopted Council’s objection to said permit respect to the neighborhood that it some form of Complete Streets poli- must be received by the Director of substantially interferes with public cies to enhance public safety, lower Liquor Control within 30 days of decency, sobriety, peace or good transportation costs and promote notification; now, therefore, order; and walking, bicycling and public tran- Be it resolved by the Council of Whereas, this objection is based sit as sustainable alternatives; and the City of Cleveland: on other legal grounds as set forth Whereas, this legislation would Section 1. That Council does herein Revised Code Section 4303.292; require that states and MPOs craft by record its objection to the trans- and and adhere to a Complete Streets fer of ownership of a D5 Liquor Per- Whereas, this resolution consti- policy, under the guidance of the mit from Cal Ger, LLC, DBA Mem- tutes an emergency measure provid- U.S. DOT, which would apply to all phis Station, 6101 Memphis Avenue, ing for the immediate preservation federally funded projects; and Cleveland, Ohio 44144, Permanent of the public peace, prosperity, safe- Whereas, the Complete Streets Number 1184084 to Memphis Station, ty and welfare pursuant to Section effort requires communities to plan LLC, DBA Memphis Station, 6101 4303.26 of the Ohio Revised Code. roadways and transportation corri- Memphis Avenue, Cleveland, Ohio Council’s objection to said permit dors to accommodate all potential 44144, Permanent Number 5830264; must be received by the Director of uses and transportation modes and and requests the Director of Liquor Liquor Control within 30 days of plan for the elderly, handicapped Control to set a hearing for said notification; now, therefore, and children, in addition to public application in accordance with pro- Be it resolved by the Council of transit, cars and trucks; and visions of Section 4303.26 of the the City of Cleveland: Whereas, the City of Cleveland is Revised Code of Ohio. Section 1. That Council does here- researching and will soon introduce Section 2. That the Clerk of Council by record its objection to the trans- Complete Streets legislation to be and she is hereby directed to transfer of ownership of a C1 Liquor Per- improve Bike and pedestrian access mit two certified copies of this resolu- mit from Ridas Deli, Inc., 2101 Deni- and improve mobility on street, tion, together with two copies of a let- son Avenue, 1st floor, Cleveland, streetscape and bridge improvement ter of objection and two copies of a Ohio 44109, Permanent Number projects; and letter requesting that the hearing be 7363142 to Denison, LLC, 2101 Deni- Whereas, this resolution constitutes held in Cleveland, Cuyahoga County. son Avenue, 1st floor, Cleveland, an emergency measure for the Section 3. That this resolution is Ohio 44109, Permanent Number immediate preservation of public hereby declared to be an emergency 2166600; and requests the Director of peace, property, health, or safety, measure and, provided it receives the Liquor Control to set a hearing for now, therefore, affirmative vote of two-thirds of all said application in accordance with Be it resolved by the Council of the members elected to Council, it provisions of Section 4303.26 of the the City of Cleveland: shall take effect and be in force imme- Revised Code of Ohio. Section 1. That this Council sup- diately upon its adoption and Section 2. That the Clerk of Council ports the Safe and Complete Streets approval by the Mayor; otherwise, it be and she is hereby directed to trans- Act of 2011, H.R. 1780. shall take effect and be in force from mit two certified copies of this resolu- Section 2. That the Clerk of Council and after the earliest period allowed tion, together with two copies of a let- is hereby directed to transmit certi- by law. ter of objection and two copies of a fied copies of this resolution to all Motion to suspend rules, Charter, letter requesting that the hearing be members Congress representing and statutory provisions and place held in Cleveland, Cuyahoga County. northeast Ohio and Cuyahoga County. on final adoption. Section 3. That this resolution is Section 3. That this resolution is The rules were suspended. Yeas hereby declared to be an emergency hereby declared to be an emergency 18. Nays 0. Read second time. Read measure and, provided it receives the measure and, provided it receives the third time in full. Adopted. Yeas affirmative vote of two-thirds of all affirmative vote of two-thirds of all 18. Nays 0. the members elected to Council, it the members elected to Council, it shall take effect and be in force imme- shall take effect and be in force imme- Res. No. 770-11. diately upon its adoption and diately upon its adoption and By Council Member Cimperman. approval by the Mayor; otherwise, it approval by the Mayor; otherwise, it An emergency resolution objecting shall take effect and be in force from shall take effect and be in force from to the transfer of ownership of a C1 and after the earliest period allowed and after the earliest period allowed Liquor Permit to 2101 Denison by law. by law. Avenue. Motion to suspend rules, Charter, Motion to suspend rules, Charter, Whereas, Council has been noti- and statutory provisions and place and statutory provisions and place fied by the Department of Liquor on final adoption. on final adoption. Control of an application for the The rules were suspended. Yeas The rules were suspended. Yeas transfer of ownership of a C1 Liquor 18. Nays 0. Read second time. Read 18. Nays 0. Read second time. Read Permit from Ridas Deli, Inc., 2101 third time in full. Adopted. Yeas third time in full. Adopted. Yeas Denison Avenue, 1st floor, Cleve- 18. Nays 0. 18. Nays 0. land, Ohio 44109, Permanent Number 7363142 to Denison, LLC, 2101 Deni- Res. No. 772-11. Res. No. 773-11. son Avenue, 1st floor, Cleveland, By Council Members Zone, Bran- By Council Member Cummins. Ohio 44109, Permanent Number catelli, Cleveland, Cummins, West- An emergency resolution objecting 2166600; and brook and Cimperman. to a New C1 Liquor Permit at 3474 Whereas, the granting of this An emergency resolution support- West 25th Street. application for a liquor permit to ing the Safe and Complete Streets Act Whereas, Council has been noti- this high crime area, which is of 2011, H.R. 1760. fied by the Department of Liquor already saturated with other liquor Whereas, last week, Congression- Control of an application for a New outlets, is contrary to the best inter- al Representatives Steve LaTourette C1 Liquor Permit at West 25th Gas ests of the entire community; and and Doris Matsui introduced the & Go, Inc., 3474 West 25th Street, Whereas, the applicant does not Safe and Complete Streets Act of Cleveland, Ohio 44109, Permanent qualify to be a permit holder and/or 2011, H.R. 1780, a bill requiring that Number 9526240; and has demonstrated that he has oper- new street and transportation pro- Whereas, the granting of this ated his liquor business in disregard jects undertaken by state depart- application for a liquor permit to of the laws, regulations or local ments of transportation and metro- this high crime area, which is 866 May 25, 2011 The City Record 19 already saturated with other liquor the City regarding the use by the third time in full. Passed. Yeas 18. outlets, is contrary to the best inter- Division of Emergency Medical Ser- Nays 0. ests of the entire community; and vice of all or part of two bases located Whereas, the applicant does not at MetroHealth Medical Center to pro- Ord. No. 455-11. qualify to be a permit holder and/or vide emergency medical services for By Council Members K. Johnson has demonstrated that he has oper- the City of Cleveland, for a period of and Sweeney (by departmental ated his liquor business in disregard two years, with five two-year options request). of the laws, regulations or local to renew, exercisable by the Director An emergency ordinance authoriz- ordinances of this state or any other of Public Safety. ing the Director of Public Works to state; and Approved by Directors of Public enter into an agreement with the Whereas, the place for which the Safety, Finance, Law; Passage rec- Neighborhood Leadership Institute to permit is sought has not conformed ommended by Committees on Public implement educational, recreational to the building, safety or health Safety Finance, when amended, as and cultural programs in various requirements of the governing body follows: school buildings and recreation cen- of this County or City; and 1. In the title, strike line 10 in its ters, provide leadership training and Whereas, the place for which the entirety and insert the following: conduct citywide tennis programs. permit is sought is so arranged or “the first, third, and fifth of which Approved by Directors of Public constructed that law enforcement are exercisable through additional Works, Finance, Law; Passage rec- officers or agents of the Department legislative authority.”. ommended by Committees on Public of Liquor Control are prevented rea- 2. In Section 1, strike lines 7 and Service, Finance. sonable access to the establishment; 8 in their entirety and insert the fol- The rules were suspended. Yeas and lowing: “two years, with five two- 18. Nays 0. Read second time. Read Whereas, the place for which the year options to renew. The first of third time in full. Passed. Yeas 18. permit is sought is so located with the two-year options to renew may Nays 0. respect to the neighborhood that it not be exercised without additional substantially interferes with public legislative authority. If such addi- Ord. No. 462-11. decency, sobriety, peace or good tional legislative authority is grant- By Council Members Kelley, order; and ed and the first of the two-year Mitchell and Sweeney (by depart- Whereas, this objection is based options to renew is exercised, then mental request). on other legal grounds as set forth the second of the two-year options An emergency ordinance to in Revised Code Section 4303.292; to renew may be exercisable at the approve rates and charges for water and option of the Director of Public Safe- service, and to amend various Sec- Whereas, this resolution consti- ty, without the necessity of obtain- tions of Chapters 531, 533, and 535 tutes an emergency measure providing additional authority of this of the Codified Ordinances of Cleve- ing for the immediate preservation Council. The third of the two-year land, Ohio, 1976, as amended by var- of the public peace, prosperity, safe- options to renew may not be exer- ious ordinances; and to repeal Sec- ty and welfare pursuant to Section cised without additional legislative tions 535.07 and 535.32, as amended 4303.26 of the Ohio Revised Code. authority. If such additional leg- Council’s objection to said permit islative authority is granted and the by Ordinance No. 1092-59, passed must be received by the Director of third of the two-year options to April 27, 1959 and Ordinance No. Liquor Control within 30 days of renew is exercised, then the fourth 99566, passed May 22, 1933, relating notification; now, therefore, of the two-year options to renew to rates, fees, and charges for water Be it resolved by the Council of may be exercisable at the option of and water-related services. the City of Cleveland: the Director of Public Safety, with- Approved by Directors of Public Section 1. That Council does here- out the necessity of obtaining addi- Utilities, Finance, Law; Passage rec- by record its objection to a New C1 tional authority of this Council. The ommended by Committees on Public Liquor Permit at West 25th Gas & fifth two-year option to renew may Utilities, Legislation, Finance, when Go, Inc., 3474 West 25th Street, not be exercised without additional amended, as follows: Cleveland, Ohio 44109, Permanent legislative authority.”. 1. In Section 2, at amended Section Number 9526440, and requests the Amendments agreed to. 535.04(a)(1), in the table entitled Director of Liquor Control to set a The rules were suspended. Yeas “Fixed Charge*” insert a new line hearing for said application in 18. Nays 0. Read second time. Read before the rate for “5/8" to 1" Meter” accordance with provisions of Sec- third time in full. Passed. Yeas 18. to read as follows: tion 4303.26 of the Revised Code of Nays 0. “Homestead $12.50 $12.50 Ohio. In compliance with Section 33 of $14.00 $15.50 $17.00”. Section 2. That the Clerk of Council the Charter a copy of the legislation 2. In Section 2, at amended Section be and she is hereby directed to trans- was furnished to each member of 535.04(g), line 2, strike “July 1,” and mit two certified copies of this resolu- Council before final passage. insert “July 16,”. tion, together with two copies of a let- 3. In Section 2, at amended Section ter of objection and two copies of a Ord. No. 215-11. 535.06(q), line 2, strike “July 1,” and letter requesting that the hearing be By Council Member Cummins. insert “July 16,”. held in Cleveland, Cuyahoga County. An emergency ordinance authoriz- Section 3. That this resolution is 4. Insert new Section 5 to read as ing the sale of real property as part of follows: hereby declared to be an emergency the Land Reutilization Program and “Section 5. That the Director of measure and, provided it receives the located at 4200 Poe Avenue to Carlos Public Utilities shall provide reports affirmative vote of two-thirds of all Caraballo and Rosario Caraballo. to the Chair of the Public Utilities the members elected to Council, it Approved by Directors of Commu- Committee and the Clerk of Council shall take effect and be in force imme- nity Development, City Planning diately upon its adoption and Commission, Finance, Law; Commit- upon each meeting of the Adminis- approval by the Mayor; otherwise, it tees on Community and Economic tration’s oversight committee shall take effect and be in force from Development, Finance. reviewing the progress of the man- and after the earliest period allowed The rules were suspended. Yeas agement consulting firm selected by law. 18. Nays 0. Read second time. Read under Ordinance No. 138-11, passed Motion to suspend rules, Charter, third time in full. Passed. Yeas 18. January 31, 2011. The management and statutory provisions and place Nays 0. consulting firm shall meet with the on final adoption. Public Utilities Committee at least The rules were suspended. Yeas Ord. No. 216-11. once during the Spring and twice 18. Nays 0. Read second time. Read By Council Member Cummins. during the Fall session of Council third time in full. Adopted. Yeas An emergency ordinance authoriz- throughout the entire term of their 18. Nays 0. ing the sale of real property as part of agreement.”. the Land Reutilization Program and 5. Renumber existing Section 5 to SECOND READING EMERGENCY located at 3198 West 48th Street to new “Section 6”. ORDINANCES PASSED Zuleyka Luciano. Amendments agreed to. Approved by Directors of Commu- Motion by Council Member Cum- Ord. No. 1630-10. nity Development, City Planning mins to further amend Section 2 of By Council Members Conwell and Commission, Finance, Law; Passage Ordinance No. 462-11 by amending Sweeney (by departmental request). recommended by Committees on Section 535.05(b), lines 2 and 3, by An emergency ordinance authoriz- Community and Economic Develop- striking “twenty percent (20%)” and ing the Director of Public Safety to ment, Finance. inserting “forty percent (40%)”. Sec- enter into an agreement with Metro- The rules were suspended. Yeas onded by Council Member Pruitt. Health System for contributions by 18. Nays 0. Read second time. Read Amendment agreed to. 867 20 The City Record May 25, 2011

The rules were suspended. Yeas Approved by Directors of Public Inc. to perform additional energy 15. Nays 3. Works, Finance, Law; Passage rec- management services to help reduce Those voting yea: Council Mem- ommended by Committees on Public energy consumption of the municipal bers Sweeney, Brady, Brancatelli, Parks, Properties and Recreation, water plants and pumping stations, Cleveland, Conwell, Dow, K. John- Finance. for the Division of Water, Department son, Keane, Kelley, Miller, Mitchell, The rules were suspended. Yeas of Public Utilities, for a one year peri- Polensek, Pruitt, Westbrook and 18. Nays 0. Read second time. Read od. Zone. third time in full. Passed. Yeas 18. Approved by Directors of Public Those voting nay: Council Mem- Nays 0. Utilities, Finance, Law; Passage rec- bers Cummins, J. Johnson and Reed. ommended by Committees on Public Absent: Council Member Cimper- Ord. No. 528-11. Utilities, Finance. man. By Council Members Kelley and The rules were suspended. Yeas Read second time. Read third Sweeney (by departmental request). 18. Nays 0. Read second time. Read time in full. Passed. Yeas 10. Nays An emergency ordinance authoriz- third time in full. Passed. Yeas 18. 8. ing the Director of Public Utilities to Nays 0. Those voting yea: Council Mem- employ one or more professional con- bers Sweeney, Brancatelli, Cleve- sultants to perform a rate study for Ord. No. 596-11. land, K. Johnson, Kelley, Miller, the Division of Cleveland Public By Council Members Kelley and Mitchell, Pruitt, Westbrook and Power, Department of Public Utili- Sweeney (by departmental request). Zone. ties. An emergency ordinance authoriz- Those voting nay: Council Mem- Approved by Directors of Public ing the Director of Public Utilities to bers Brady, Conwell, Cummins, Dow, Utilities, Finance, Law; Passage rec- enter into one or more contracts with J. Johnson, Keane, Polensek and ommended by Committees on Public Kronos Incorporated for professional Reed. Utilities, Finance, when amended, as services necessary to maintain the Absent: Council Member Cimper- follows: current time and attendance work- man. 1. In Section 1, at the end of the force system and software and hard- In compliance with Section 33 of second paragraph, add the follow- ware support, for a period of one year the Charter a copy of the legislation ing: “That upon completion of the with two one year options to renew, was furnished to each member of rate study, the Director of Public the second of which is exercisable Council before final passage. Utilities shall submit copies of the through additional legislative authority. study to the Clerk of Council and to Approved by Directors of Public Ord. No. 501-11. the Chair of Public Utilities Com- Utilities, Finance, Law; Committees By Council Members Kelley and mittee within thirty days of on Public Utilities, Finance, when Sweeney (by departmental request). receipt.”. amended, as follows: An emergency ordinance authoriz- Amendment agreed to. 1. In the title, line 7; and in Sec- ing Cleveland Public Power to partic- The rules were suspended. Yeas tion 1, line 4, after “support” insert ipate in the Efficiency Smart Power 18. Nays 0. Read second time. Read “, including training and upgrades,”. Plant energy efficiency program third time in full. Passed. Yeas 18. 2. In Section 1, line 4, strike “pro- through American Municipal Power Nays 0. posal dated January 27, 2011” and and approving customer charges to In compliance with Section 33 of insert “proposals dated January 27, fund the program. the Charter a copy of the legislation 2011 and May 4, 2011”. Approved by Directors of Public was furnished to each member of 3. In Section 1, line 5, strike Utilities, Finance, Law; Passage rec- Council before final passage. “$56,741.22” and insert “$81,266.62”. ommended by Committees on Public Amendments agreed to. Utilities, Finance, when amended, as Ord. No. 557-11. The rules were suspended. Yeas follows: By Council Members Kelley and 18. Nays 0. Read second time. Read 1. In the second whereas clause, Sweeney (by departmental request). third time in full. Passed. Yeas 18. strike “and” and in line 2, strike An emergency ordinance authoriz- Nays 0. “Ohio)” and insert “Ohio”. ing the Director of Public Utilities to In compliance with Section 33 of 2. Strike Section 7 in its entirety enter into one or more contracts with the Charter a copy of the legislation and insert the following: Kubra Data Transfer Ltd. for profes- was furnished to each member of “Section 7. That the cost of the sional services necessary to provide Council before final passage. three-year program shall not exceed online bill payment and bill presenta- $5,000,000 and shall be paid from tion services, for the Division of Ord. No. 600-11. Fund No. 58 SF 001, from funds Cleveland Public Power, Department By Council Members Cimperman, appropriated in 2012 and 2013 for of Public Utilities, for a period of one K. Johnson and Sweeney (by depart- this purpose, and from the Energy year with three one-year options to mental request). Adjustment Charge as authorized in renew, the second of which is exercis- An emergency ordinance authoriz- Section 6 of this ordinance collected able through additional legislative ing the Director of Public Works to in 2011, 2012, and 2013 for this pur- authority. enter into an agreement with the pose. (RQS 2004, RL 2011-67)”. Approved by Directors of Public Greater Cleveland Regional Transit The rules were suspended. Yeas Utilities, Finance, Law; Passage rec- Authority to accept a cash contribu- 18. Nays 0. Read second time. Read ommended by Committees on Public tion for the purchase and installation third time in full. Passed. Yeas 16. Utilities, Finance, when amended, as of bus shelters to be located on Lorain Nays 2. Avenue and West 25th Street, in con- follows: Those voting yea: Council Mem- nection with the Market Square Park 1. In the title, strike lines 8, 9, 10, bers Sweeney, Brady, Brancatelli, redevelopment. and 11 in their entirety and insert Cleveland, Conwell, Cummins, Dow, Approved by Directors of Public “Utilities, for a period of one year.”. J. Johnson, K. Johnson, Keane, Kel- Works, Finance, Law; Passage rec- 2. In Section 1, strike lines 5 ley, Miller, Mitchell, Reed, West- ommended by Committees on Public brook and Zone. through 12 in their entirety and Service, Finance, when amended, as Those voting nay: Council Mem- insert “period of one year. The con- follows: bers Polensek and Pruitt. tract or contracts shall be paid from 1. In the second whereas clause, Absent: Council Member Cimper- Fund”. line 2, and in Section 1, line 3, strike man. Amendments agreed to. “$80,000” and insert “$92,000”. In compliance with Section 33 of The rules were suspended. Yeas Amendment agreed to. the Charter a copy of the legislation 18. Nays 0. Read second time. Read The rules were suspended. Yeas was furnished to each member of third time in full. Passed. Yeas 18. 18. Nays 0. Read second time. Read Council before final passage. Nays 0. third time in full. Passed. Yeas 18. In compliance with Section 33 of Nays 0. Ord. No. 504-11. the Charter a copy of the legislation In compliance with Section 33 of By Council Members Polensek, K. was furnished to each member of the Charter a copy of the legislation Johnson and Sweeney (by depart- Council before final passage. was furnished to each member of mental request). Council before final passage. An emergency ordinance authoriz- Ord. No. 559-11. ing the Director of Public Works to By Council Members Kelley and Ord. No. 602-11. enter into contract with the Salva- Sweeney (by departmental request). By Council Members Pruitt and tion Army for administrating and An emergency ordinance authoriz- Sweeney (by departmental request). facilitating recreational services in ing the Director of Public Utilities to An emergency ordinance authoriz- Ward 11, for the Division of Recre- enter into an amendment to Contract ing the Director of Human Resources ation, Department of Public Works. No. 69292 with Brown and Caldwell, to employ one or more professional 868 May 25, 2011 The City Record 21 consultants to provide workers’ com- costs to implement the programs. Grant funds and Federal HOME funds pensation and actuarial services, for Approved by Directors of Commu- for the operation of the Low Interest a period of one year, with a one-year nity Development, Finance, Law; Loan and Grant Programs; and to option to renew, exercisable by the Passage recommended by Commit- enter into one or more contracts with Director of Human Resources. tees on Community and Economic various agencies to implement these Approved by Directors of Human Development, Finance. programs. Resources, Finance, Law; Passage The rules were suspended. Yeas Approved by Directors of Commu- recommended by Committees on 18. Nays 0. Read second time. Read nity Development, Finance, Law; Employment, Affirmative Action third time in full. Passed. Yeas 18. Passage recommended by Commit- and Training, Finance, when amend- Nays 0. tees on Community and Economic ed, as follows: Development, Finance. 1. In the title, at the end, strike Ord. No. 635-11. The rules were suspended. Yeas the period and insert: “; and to By Council Members Brancatelli 18. Nays 0. Read second time. Read extend Contract No. 69201 with Asso- and Sweeney (by departmental third time in full. Passed. Yeas 18. ciated Compensation Resources, Inc. request). Nays 0. for a period up to three months.”. An emergency ordinance appropri- 2. Insert new Section 2 to read as ating Community Development Block Ord. No. 640-11. follows: Grant funds for expenses for the By Council Members Brancatelli “Section 2. That the Director of Demolition Program and emergency and Sweeney (by departmental Human Resources is authorized to contracts under the Board-up Pro- request). extend Contract No. 69201 with Asso- gram; authorizing the Director of An emergency ordinance authoriz- ciated Compensation Resources, Inc., Building and Housing to enter into ing the Director of Community Devel- with the same terms and conditions one or more contracts with various opment to enter into one or more con- for a period up to three months or agencies to implement these pro- tracts with Cleveland Action to Sup- until such time as the City enters grams; and authorizing the purchase port Housing, Inc. (CASH) for admin- into a new contract under Section 1 by one or more requirement contracts istrative costs to implement housing of this ordinance.”. for the items of labor and materials rehabilitation, new housing construc- 3. In existing Section 2, line 1, necessary to implement the Board-up tion and commercial redevelopment strike “or contracts” and insert “, Program. loan programs. contracts, and the extensions”. Approved by Directors of Commu- Approved by Directors of Commu- 4. Renumber existing Sections 2 nity Development, Building and nity Development, Finance, Law; and 3 to new “Section 3” and “Sec- Housing, Finance, Law; Passage rec- Passage recommended by Commit- tion 4”. ommended by Committees on Com- tees on Community and Economic Amendments agreed to. munity and Economic Development, Development, Finance. The rules were suspended. Yeas Finance. The rules were suspended. Yeas 18. Nays 0. Read second time. Read The rules were suspended. Yeas 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. 18. Nays 0. Read second time. Read third time in full. Passed. Yeas 18. Nays 0. third time in full. Passed. Yeas 18. Nays 0. In compliance with Section 33 of Nays 0. the Charter a copy of the legislation Ord. No. 641-11. was furnished to each member of Ord. No. 637-11. By Council Members Brancatelli Council before final passage. By Council Members Brancatelli and Sweeney (by departmental request). Ord. No. 632-11. and Sweeney (by departmental request). An emergency ordinance authoriz- By Council Members Brancatelli ing the Director of Community Devel- and Sweeney (by departmental An emergency ordinance appropri- ating Community Development Block opment to enter into contracts for request). Commercial Revitalization and An emergency ordinance appropri- Grant funds for expenses of the rebate, grant, and/or loan agree- ating Community Development Block Senior Homeowners Assistance Pro- ments with Storefront Renovation Grant funds for administrative gram (SHAP) and the CHORE Pro- Program applicants, and to enter into expenses of the Code Enforcement gram. agreements for eligible costs to com- Program. Approved by Directors of Commu- munity development corporations for Approved by Directors of Commu- nity Development, Aging, Finance, nity Development, Building and Law; Passage recommended by Com- implementation of the Storefront Ren- Housing, Finance, Law; Passage rec- mittees on Community and Econom- ovation and Commercial Revitaliza- ommended by Committees on Com- ic Development, Finance. tion Programs. munity and Economic Development, The rules were suspended. Yeas Approved by Directors of Commu- Finance. 18. Nays 0. Read second time. Read nity Development, Finance, Law; Passage recommended by Commit- The rules were suspended. Yeas third time in full. Passed. Yeas 18. tees on Community and Economic 18. Nays 0. Read second time. Read Nays 0. third time in full. Passed. Yeas 18. Development, Finance. The rules were suspended. Yeas Nays 0. Ord. No. 638-11. 18. Nays 0. Read second time. Read By Council Members Brancatelli third time in full. Passed. Yeas 18. Ord. No. 633-11. and Sweeney (by departmental Nays 0. By Council Members Brancatelli request). and Sweeney (by departmental An emergency ordinance appropri- request). Ord. No. 642-11. ating CDBG and Federal HOME Pro- An emergency ordinance appropri- By Council Members Brancatelli gram funds for the administration of ating Community Development Block and Sweeney (by departmental the Housing Rehabilitation Pro- Grant funds for administrative request). grams; and authorizing the Director expenses of the Department of Com- An emergency ordinance authoriz- of Community Development to munity Development. ing the Director of Community Devel- Approved by Directors of Commu- employ one or more professional con- opment to enter into contracts with nity Development, Finance, Law; sultants to provide property inspec- one or more non-profit agencies to Passage recommended by Commit- tions in compliance with Section 8 operate a community garden pro- tees on Community and Economic Housing Quality Standards. gram. Development, Finance. Approved by Directors of Commu- Approved by Directors of Commu- The rules were suspended. Yeas nity Development, Finance, Law; nity Development, Finance, Law; 18. Nays 0. Read second time. Read Passage recommended by Commit- Passage recommended by Commit- third time in full. Passed. Yeas 18. tees on Community and Economic tees on Community and Economic Nays 0. Development, Finance. Development, Finance. The rules were suspended. Yeas The rules were suspended. Yeas Ord. No. 634-11. 18. Nays 0. Read second time. Read 18. Nays 0. Read second time. Read By Council Members Brancatelli third time in full. Passed. Yeas 18. third time in full. Passed. Yeas 18. and Sweeney (by departmental Nays 0. Nays 0. request). An emergency ordinance appropri- Ord. No. 639-11. Ord. No. 643-11. ating Community Development Block By Council Members Brancatelli By Council Members Brancatelli Grant funds for anti-predatory lend- and Sweeney (by departmental and Sweeney (by departmental ing and foreclosure prevention assis- request). request). tance, financial literacy programs, An emergency ordinance appropri- An emergency ordinance authoriz- fair housing, and administrative ating Community Development Block ing the Director of Community Devel- 869 22 The City Record May 25, 2011 opment to enter into or amend con- SECOND READING THE CALENDAR tracts with various social service ORDINANCE PASSED agencies, community development or local development corporations and Ord. No. 710-11. The following measures will be on private for profit entities; to enter By Council Member J. Johnson. their final passage at the next meet- into or amend memorandums of An ordinance changing the Use, ing: understanding with various City of Area and Height Districts of land NONE Cleveland departments to implement located on the northeast corner of the City’s community development Parkgate Avenue and East Boulevard programs; and to expend funds for the to a Multi-Family Residential Use operation of programs administered District, a ‘D’ Area District and a ‘2’ BOARD OF CONTROL Height District (Map Change No. by the Department of Community 2364; Sheet No. 4). Development. Approved by Directors of City Approved by Directors of Commu- Planning Commission, Law; Passage May 18, 2011 nity Development, Finance, Law; recommended by Committee on City Passage recommended by Commit- Planning, when amended, as fol- The regular meeting of the Board tees on Community and Economic lows: of Control convened in the Mayor’s Development, Finance. 1. In the title, line 2; and in Sec- office on Wednesday, May 18, 2011, The rules were suspended. Yeas tion 1, line 1, strike “Use, Area and at 10:47 a.m. with Acting Director 18. Nays 0. Read second time. Read Height” and insert “Use and Area” Langhenry presiding. third time in full. Passed. Yeas 18. in both places. Present: Acting Director Langhen- Nays 0. 2. In the title, strike lines 5 and ry, Directors Dumas, R. Smith, Cox, 6 in their entirety and insert “Resi- Butler, Acting Director H. Smith, Ord. No. 644-11. dential Use District and a ‘D’ Area Directors Rush, Southerington, By Council Members Brancatelli District (Map Change No. 2364; Nichols, Fumich and Rybka. and Sweeney (by departmental Sheet”. Absent: Mayor Jackson and Direc- request). 3. In Section 1, strike the last line tor Withers. An emergency ordinance to amend in its entirety and insert “District Others: James E. Hardy, Commis- Sections 1 and 5 of Ordinance No. 2567- and a ‘D’ Area District.”. sioner, Purchases and Supplies. A-88, passed January 30, 1989, as Amendments agreed to. Natoya Walker-Minor, Interim amended by various ordinances, relat- The rules were suspended. Yeas Director, Office of Equal Opportuni- ing to administration of the Neighbor- 18. Nays 0. Read second time. Read ty. hood Development Program. third time in full. Passed. Yeas 18. On motions, the following resolu- Approved by Directors of Eco- Nays 0. tions were adopted, except as may nomic Development, Finance, Law; In compliance with Section 33 of be otherwise noted: Passage recommended by Commit- the Charter a copy of the legislation tees on Community and Economic was furnished to each member of Resolution No. 214-11. Development, Finance. Council before final passage. By Directors Dumas. The rules were suspended. Yeas Resolved by the Board of Control 18. Nays 0. Read second time. Read SECOND READING EMERGENCY third time in full. Passed. Yeas 18. RESOLUTION ADOPTED of the City of Cleveland, that under Nays 0. Section 101 of the Charter, Section Res. No. 704-11. 181.19 of the Codified Ordinances of Ord. No. 645-11. By Council Member Cimperman. Cleveland, Ohio, 1976, and Resolu- By Council Members Conwell, Bran- An emergency resolution appoint- tion No. 921-52, adopted by the Board catelli and Sweeney (by departmental ing an assessment equalization of Control on November 26, 1952, the request). board to hear objections to estimat- report of the Commissioner of Pur- An emergency ordinance authorized assessments with respect to the chases and Supplies for the sale of ing the Director of Economic Devel- Market District — Cleveland Busi- scrap, personal property, and by- opment to enter into an Enterprise ness Improvement District plan to products during the month of April, Zone Agreement with Market Rede- provide additional security for the 2011 in the amount of $12,941.25, Market District – Cleveland Busi- velopment, LLC, or its designee, to attached and made a part of this ness Improvement District, addition- resolution, is received, approved and provide for a ten-year, sixty percent al cleaning and maintenance of the tax abatement of the increase in the ordered filed. public rights-of-way within the Mar- Yeas: Acting Director Langhenry, assessed valuation of certain real ket District – Cleveland Business Directors Dumas, R. Smith, Cox, But- property improvements located at Improvement District, and declaring 11905 Superior Avenue in the Cleve- an emergency. ler, Acting Director H. Smith, Direc- land Area Enterprise Zone. Approved by Directors of City tors Rush, Southerington, Nichols, Approved by Directors of Eco- Planning Commission, Finance, Fumich and Rybka. nomic Development, Finance, Law; Law; Adoption recommended by Com- Nays: None. Passage recommended by Commit- mittees on City Planning, Finance. Absent: Mayor Jackson and Direc- tees on Community and Economic The rules were suspended. Yeas tor Withers. Development, Finance. 18. Nays 0. Read second time. Read The rules were suspended. Yeas third time in full. Adopted. Yeas Resolution No. 215-11. 18. Nays 0. Read second time. Read 18. Nays 0. By Directors Withers. third time in full. Passed. Yeas 18. Be it resolved by the Board of Nays 0. MOTION Control of the City of Cleveland, that under Ordinance No. 1036-07, Ord. No. 683-11. By Council Member Zone, second- passed August 8, 2007 by the Coun- By Council Members Cimperman, ed by Council Member J. Johnson cil of the City of Cleveland, the firm K. Johnson and Sweeney (by depart- and unanimously carried that the of Paul Bender Consulting is select- mental request). absence of Council Member Joe Cim- ed upon the nomination of the Direc- An emergency ordinance to amend perman be and is hereby authorized. tor of Public Utilities from a list of the title and Section 5 of Ordinance qualified firms available for such No. 808-09, passed June 8, 2009, as MOTION employment and determined after a amended by Ordinance No. 617-10, full and complete canvass by the passed May 10, 2010, and Ordinance The Council Meeting adjourned at Director of Public Utilities as the No. 306-10 June 7, 2010; and to supple- 8:58 p.m. to meet on Monday, June firm of consultants to be employed ment the ordinance by adding new 6, 2011 at 7:00 p.m. in the Council by contract for the purpose of pro- Section 10a. relating to constructing a Chambers. viding professional consulting ser- bike station in Gateway North Garage vices necessary to implement Phas- to include the adjacent Plaza and to es 3 and 4 of the Customer Infor- set fees. mation System/Customer Relations Approved by Directors of Public Management System for the Divi- Works, Finance, Law; Passage rec- sion of Water, Department of Public ommended by Committees on Public Utilities. Parks, Properties, and Recreation, Be it further resolved, that the Finance. Director of Public Utilities is autho- The rules were suspended. Yeas rized to enter into a written contract 18. Nays 0. Read second time. Read with Paul Bender Consulting based third time in full. Passed. Yeas 18. Patricia J. Britt upon its proposal dated May 11, 2011, Nays 0. City Clerk, Clerk of Council which contract shall be prepared by 870 May 25, 2011 The City Record 23 the Director of Law and shall optional tasks, which enables the Yeas: Acting Director Langhenry, include such additional provisions addition of work to complete the Directors Dumas, R. Smith, Cox, But- as he deems necessary to benefit Plant Enhancement Program (PEP) ler, Acting Director H. Smith, Direc- and protect the public. The total mission and to cover all four water tors Rush, Southerington, Nichols, compensation to the consultant for works plants, which allows for the Fumich and Rybka. all services under the contract shall inclusion of the Crown plant facili- Nays: None. not exceed $360,00000. ty, described in City Contract No. Absent: Mayor Jackson and Direc- Yeas: Acting Director Langhenry, 65332, not initially included under tor Withers. Directors Dumas, R. Smith, Cox, But- Resolution No. 680-05; now, there- ler, Acting Director H. Smith, Direc- fore, Resolution No. 219-11. tors Rush, Southerington, Nichols, Be it resolved by the Board of By Directors Withers. Fumich and Rybka. Control of the City of Cleveland, Be it resolved, by the Board of Nays: None. that the Director of Public Utilities Control of the City of Cleveland that Absent: Mayor Jackson and Direc- is authorized to enter into a first the bid of United Survey, Inc. for the tor Withers. modification to City Contract No. public improvement of West 14th 65332 with URS Energy & Construc- Street Sewer Relining Project (Base Resolution No. 216-11. tion, Inc., on the basis of Consul- Bid All Items including the 10% con- By Directors Withers. tant’s December 16, 2010 proposal for tingency allowance) for the Division Be it resolved by the Board of additional programming services at of Water Pollution Control, Depart- Control of the City of Cleveland, Crown Water Plant, and increasing ment of Public Utilities, received on that under Ordinance No. 138-11, the dollar amount of the contract by March 18, 2011, under the authority passed January 31, 2011 by the Coun- $650,000.00 to $5,803,113.00. of Ordinance No. 594-10, passed June cil of the City of Cleveland, the firm Be it further resolved by the 7, 2010, upon a unit basis for the of Black and Veatch Corporation is Board of Control of the City of improvement, in the aggregate selected upon the nomination of the Cleveland that the employment of amount of $109,810.80, is affirmed Director of Public Utilities from a the following sub-consultants by and approved as the lowest respon- list of qualified firms available for URS Energy & Construction, Inc., sible bid, and the Director of Public such employment and determined for the listed additional dollar Utilities is authorized to enter into after a full and complete canvass by amounts for services to be per- contract for the improvement with the Director of Public Utilities as formed under the above-authorized the bidder. the firm of consultants to be first modification is approved: Yeas: Acting Director Langhenry, employed by contract for the pur- Directors Dumas, R. Smith, Cox, But- pose of providing professional con- Sub-consultant Work ler, Acting Director H. Smith, Direc- sulting services necessary to assess Percentage tors Rush, Southerington, Nichols, and develop management strategies, Fumich and Rybka. Nays: None. and implement accepted recommen- Ralph Tyler Companies Absent: Mayor Jackson and Direc- dations, including making recom- (CSB/MBE) $270,540.00 tor Withers. mendations regarding management 41.622% of the Division of Water, Depart- Resolution No. 220-11. ment of Public Utilities. Sigma Associates, Inc. By Directors Withers. Be it further resolved, that the (CSB) $78,512.00 Be it resolved, by the Board of Director of Public Utilities is autho- 12.079% Control of the City of Cleveland that rized to enter into a written contract the bid of Perk Co. for the public with Black and Veatch Corporation Yeas: Acting Director Langhenry, improvement of construction and based upon its proposal dated May Directors Dumas, R. Smith, Cox, But- installation of replacement sewers 25, 2011, which contract shall be pre- ler, Acting Director H. Smith, Direc- and repair and rehabilitation of pared by the Director of Law and tors Rush, Southerington, Nichols, existing sewers at various locations, shall include such additional provi- Fumich and Rybka. base bid items including 10% con- sions as he deems necessary to ben- Nays: None. tingency allowance, for the Division efit and protect the public. The total Absent: Mayor Jackson and Direc- of Water Pollution Control, Depart- compensation to the consultant for tor Withers. ment of Public Utilities, received on all services under the contract shall Resolution No. 218-11. March 18, 2011, under the authority not exceed $1,250,000.00. of Section 129.292 of Codified Ordi- Yeas: Acting Director Langhenry, By Directors Withers. Be it resolved, by the Board of nances of Cleveland, Ohio, 1976, Directors Dumas, R. Smith, Cox, But- upon a unit basis for the improve- ler, Acting Director H. Smith, Direc- Control of the City of Cleveland that the bid of United Survey, Inc. for the ments to be performed as ordered tors Rush, Southerington, Nichols, during the period of one (1) year Fumich and Rybka. public improvement of Lee Road Area Sewer System Rehabilitation starting upon execution of a con- Nays: None. tract, at the unit prices set forth in Absent: Mayor Jackson and Direc- and Replacement Project, Alternate 2 (Base Bid All Items including the the bid, which on the basis of the tor Withers. 10% contingency allowance) for the estimated work to be done would Division of Water Pollution Control, amount to $470,951.25, is affirmed Resolution No. 217-11. Department of Public Utilities, and approved as the lowest respon- By Directors Withers. received on March 11, 2011, under sible bid, and the Director of Public Whereas, Resolution No. 680-05, the authority of Ordinance No. 397- Utilities is requested to enter into a adopted December 7, 2005, under the 09, passed June 1, 2009, upon a unit requirement contract for the authority of Ordinance No. 68-98, basis for the improvement, in the improvement, which contract shall passed October 19, 1998, as amended aggregate amount of $328,020.00 is provide for an initial order for per- by Ordinance No. 94-99, passed affirmed and approved as the low- formance of work, the cost of which March 1, 1999, the City, through its est responsible bid; and the Director order shall be certified to the con- Director of Public Utilities, entered of Public Utilities is authorized to tract in the sum of $400,000.00. into City Contract No. 65332 with enter into contract for the improve- The requirement contract shall URS Energy & Construction, Inc. ment with the bidder. further provide that the contractor (formerly Washington Group Inter- Be it further resolved by the will perform so much of the balance national, Inc.) to provide profes- Board of Control of the City of of the work as may be ordered sional services for comprehensive Cleveland that the employment of under subsequent requisitions sepa- programming of plant computer con- the following subcontractors by rately certified against the require- trol system programmable logic con- United Survey, Inc. for the above- ment contract, whether the same troller, human machine interface mentioned public improvement is shall be less than the total estimate and peripheral and ancillary equip- approved: of work to be performed under the ment for the Plant Computer Control contract or shall exceed the same by System (PCCS) Phase II project, for SUBCONTRACTOR CSB/MBE/FBE not more than ten percent. the Division of Water, Department WORK Be it further resolved by the of Public Utilities, for an amount Board of Control of the City of not to exceed $5,153,113.00; and Midtown Trucking CSB/MBE Cleveland that the employment of Whereas, the City desires Consul- $60,000.00 (18.292%) the following subcontractors to Perk tant to add to the scope of services Co. for the above-mentioned public for the PCCS Phase II project as an Tech Ready Mix CSB/MBE improvement by requirement is extension of the base work and $5,400.00 (1.646%) approved: 871 24 The City Record May 25, 2011

SUBCONTRACTOR CSB/MBE/FBE Utilities” after “Department of Pub- Lakeside Supply Company WORK lic Works,” where appearing in the (CSB) $ 15,000.00 resolution. 0.4916% McTech Corp. dba Tech Ready Be it further resolved that all CSB/MBE other provisions of Resolution No. Cuyahoga Tool & Supply $19,320.00(4.102%) 168-11 not expressly amended above (CSB) $ 7,700.00 shall remain unchanged and in full 0.2524% CorStone LTD CSB/MBE/FBE force and effect: $60,666.00(12.882%) Yeas: Acting Director Langhenry, Krusoe Sign Company Directors Dumas, R. Smith, Cox, But- (CSB) $ 6,725.00 Cuyahoga Supply & Tool ler, Acting Director H. Smith, Direc- 0.2204% $63,300.00 tors Rush, Southerington, Nichols, Fumich and Rybka. Dependable Painting Company Yeas: Acting Director Langhenry, Nays: None. (CSB) $ 6,220.00 Directors Dumas, R. Smith, Cox, But- Absent: Mayor Jackson and Direc- 0.2039% ler, Acting Director H. Smith, Direc- tor Withers. tors Rush, Southerington, Nichols, Yeas: Acting Director Langhenry, Fumich and Rybka. Resolution No. 223-11. Directors Dumas, R. Smith, Cox, But- Nays: None. By Directors Cox. ler, Acting Director H. Smith, Direc- Absent: Mayor Jackson and Direc- Be it resolved by the Board of tors Rush, Southerington, Nichols, tor Withers. Control of the City of Cleveland, Fumich and Rybka. that the bid of F. Buddie Contract- Nays: None. Resolution No. 221-11. ing, Ltd. (CSB), for the public Absent: Mayor Jackson and Direc- By Directors Flask. improvement of Greenspace at Zone tor Withers. Resolved by the Board of Control Recreation Center, for Base Bid of the City of Cleveland that the bid items 1-61, 63-72, 74-153, 155, 156, 158- Resolution No. 224-11. of Helicopter Minit-Men, Inc., for an 161, Alternate Items 8A1 and Add By Directors Rush. estimated quantity of all items for Alternate Items 1AA1 - 1AA15, 2AA1- Whereas, Board of Control Reso- aviation maintenance, for the Divi- 2AA3, 3AA1, 4AA, 5AA, 6AA and lution No. 180-11, adopted April 27, sion of Police, Department of Public 7AA including the 5% contingency 2011, authorized the sale and devel- Safety, for the period of two (2) for the Division of Architecture and opment of Permanent Parcel No. 104- year beginning with the date of exe- Site Development, Department of 10-055 to Ohio Technical College for Public Works, received on March 16, cution of a contract, received on a parking lot, as part of the Land 2011, under the authority of Ordi- November 18, 2010, under the author- Reutilization Program and as autho- nance No. 607-10, passed on June 7, ity of Section No. 181.101 of the Cod- rized by Ordinance No. 133-11 passed 2010, upon a unit basis for the ified Ordinances of Cleveland, Ohio, by the Cleveland City Council on improvement in the aggregate 1976, which on the basis of the esti- March 21, 2011; and amount of $3,051,031.20, is affirmed mated quantity would amount to Whereas, Resolution No. 180-11 and approved as the lowest respon- $264,000.00, is affirmed and approved sible bid; and the Director of Depart- incorrectly stated the address of as the lowest and best bid, and the ment of Public Works is authorized Permanent Parcel No. 104-10-055 as Director of Public Safety is request- to enter into contract for the “1055 East 169th Street”; now, there- ed to enter into a requirement con- improvement with the bidder. fore, tract for the goods and/or services, Be it further resolved by the Be it resolved by the Board of which contract shall provide for an Board of Control of the City of Control of the City of Cleveland that initial order, the cost of which shall Cleveland that the employment of Resolution No. 180-11, adopted by be certified to the contract in the the following subcontractors by F. this Board April 27, 2011, authoriz- amount not less than $50,000.00 Buddie Contracting, Ltd. (CSB) for ing the sale and development of Per- The requirement contract shall the aforementioned public improve- manent Parcel No. 104-10-055 to Ohio further provide that the Contractor ment is approved: Technical College for a parking lot shall furnish the remainder of the is amended by substituting “St. Clair City’s requirements for the goods Avenue” for “1055 East 169th Street”, and/or services, whether more or SUBCONTRACTORS AMOUNT where appearing in the resolution. less than the estimated quantity, as PERCENTAGE Be it further resolved that all may be ordered under delivery other provisions of Resolution No. orders separately certified to the Cunningham Paving (CSB) 180-11 not expressly amended above contract. $240,472.00 shall remain unchanged and in full Yeas: Acting Director Langhenry, 7.8817% force and effect. Directors Dumas, R. Smith, Cox, But- Yeas: Acting Director Langhenry, ler, Acting Director H. Smith, Direc- Gateway Electric (MBE) Directors Dumas, R. Smith, Cox, But- tors Rush, Southerington, Nichols, $232,975.00 ler, Acting Director H. Smith, Direc- Fumich and Rybka. 7.6359% tors Rush, Southerington, Nichols, Nays: None. Fumich and Rybka. Absent: Mayor Jackson and Direc- Carrick’s Landscaping Nays: None. tor Withers. (other) $145,000.00 Absent: Mayor Jackson and Direc- 4.7525% tor Withers. Resolution No. 222-11. By Directors Cox. Friedel Trucking (CSB) $140,000.00 Resolution No. 225-11. Whereas, Board of Control Reso- 4.5886% By Directors Rush. lution No. 168-11, adopted April 21, Whereas, under the authority of 2011, approved the bid of Allied Cor- Tech Ready Mix (CSB) $135,000.00 Ordinance No. 2076-76, passed by the poration, Inc., as lowest and best for 4.4247% Cleveland City Council October 25, an estimated quantity of Asphalt 1976, the City is conducting a Land Concrete for the Division of Streets, Designor Pool (other) $106,000.00 Reutilization Program according to Department of Public Works; and 3.4742% the provisions of Chapter 5722 of the Whereas, Resolution No. 168-11 Ohio Revised Code; and erroneously omitted the various divi- Great Northern Fence Whereas, under the Land Reuti- sions of the Department of Public (other) $ 94,222.00 lization Program, the City has Utilities as the divisions for which 3.0882% acquired Permanent Parcel Nos. 117- purchases may be made under the 25-001 and 117-25-016, located at contract; now, therefore, ChildSafe (other) $ 65,325.00 southwest corner of Euclid Avenue Be it resolved by the Board of 2.1411% and Cliffview Road under the Land Control of the City of Cleveland that Lightning Demolition Reutilization Program; and Resolution No. 168-11, adopted by (CSB) $ 65,000.00 Whereas, Ordinance No. 1464-10 this Board on April 21, 2011, approv- 2.1304% passed November 29, 2010, autho- ing the bid of Allied Corporation, rized the sale of the parcels for a Inc. as lowest and best for an esti- Industrial Surface Sealer consideration established by the mated quantity of Asphalt Concrete, (CSB) $ 29,098.00 Board of Control at not less than the for the Division of Streets, Depart- 0.9537% Fair Market Value; and ment of Public Works, is amended Whereas, Cleveland Municipal by inserting “and the various divi- Fabrication Group (CSB) $ 24,024.00 School District has proposed to the sions of the Department of Public 0.7874% City to purchase and develop the 872 May 25, 2011 The City Record 25 parcels for expansion of the Euclid CIVIL SERVICE NOTICES gross floor area, a Variance from Park School; now, therefore, ______the Site Plan or the regulations of Be it resolved by the Board of this Code has been approved by the Control of the City of Cleveland that General Information Board of Zoning Appeals. under the authority of Ordinance No. Application blanks and informa- Contrary to Section 337.08 the pro- 1464-10, passed by the Cleveland tion, regarding minimum entrance posed use for a bar with entertain- City Council November 29, 2010, the qualifications, scope of examination, ment and outdoor patio are not per- Mayor is authorized to execute an and suggested reference materials mitted and first allowed in a Gen- official deed for and on behalf of may be obtained at the office of the eral Retail Business district; and the City of Cleveland to Cleveland Civil Service Commission, Room 119, pursuant to Section 349.04(c), a Municipal School District for the City Hall, East 6th Street, and Lake- parking area in the amount of three sale and development of Permanent side Avenue. times the gross floor/patio area is Parcel Nos. 117-25-001 and 117-25-016, required under the Cleveland Codi- as described in the Ordinance Application blanks must be prop- fied Ordinances. according to the Land Reutilization erly filled out on the official form Program in such manner as best car- prescribed by the Civil Service Com- Calendar No. 11-69: 11300 Juniper ries out the intent of the program. mission and filed at the office of the Drive (Ward 9) Be it further resolved that the con- commission not later than the final Case Western Reserve University, sideration for the parcels shall be closing date slated in the examina- owner, and KNBB Corporation, $1.00 each, which amount is deter- tion announcement. lessee, appeal to establish use as a mined to be not less than the fair wholesale bakery / food production market value of the parcels for uses EXAMINATION RESULTS: Each facility an existing two and one-half according to the Land Reutilization applicant whether passing or failing story masonry building located on Program. will be notified of the results of the an irregular shaped parcel in a Uni- Yeas: Acting Director Langhenry, examination as soon as the commis - versity Retail District where the Directors Dumas, R. Smith, Cox, But- sion has graded the papers. There- proposed use is not permitted under ler, Acting Director H. Smith, Direc- after, eligible lists will be estab- the provisions in Section 343.07 in tors Rush, Southerington, Nichols, lished which will consist of the the Cleveland Codified Ordinances. Fumich and Rybka. names of those candidates who have Nays: None. been successful in all parts of the Calendar No. 11-70: 4106 Pearl Road Absent: Mayor Jackson and Direc- examination. (Ward 13) Mathile Saad, owner, appeals to tor Withers. PHYSICAL EXAMINATION: All establish a motor vehicle repair garage pursuant to Section 325.487 Resolution No. 226-11. candidates for original entrance po - on a 184' x 120' corner lot in a By Directors Rush. sitions who are successful in other Local Retail Business District; the Whereas, under the authority of parts of the examinations must sub- use first permitted in a Semi-Indus- Ordinance No. 2076-76, passed by the mit to a physical examination. try District by the provisions of Sec- Cleveland City Council October 25, tion 345.03(c)(2) provided that it is 1976, the City is conducting a Land ROBERT BENNETT, 100 feet from a residence district; Reutilization Program according to President and requires Board of Zoning the provisions of Chapter 5722 of the Appeals approval for a nonconform- Ohio Revised Code; and SCHEDULE OF THE BOARD ing substitution of a use granted by Whereas, under the Land Reuti- this Board in Calendar No. 75-3 to lization Program, the City has OF ZONING APPEALS convert a service station to instal- acquired Permanent Parcel No. 118- lation of muffler and shock absorber 22-077, located at 2245 East 69th systems only, with a requirement Street under the Land Reutilization MONDAY, JUNE 6, 2011 that a one and one-half foot high Program; and barrier would be erected at the Whereas, Ordinance No. 1616-10 9:30 A.M. street lines and no barrier was passed February 7, 2011, authorized erected. Pursuant to Section 359.01, the sale of the parcel for a consid- Calendar No. 11-67: 1261 West 76th the proposed substitution or other eration established by the Board of Street (Ward 15) change of an existing nonconform- Control at not less than the Fair Gillespie Brothers Ltd., owner, ing use is not permitted except as a Market Value; and appeal for use and Certificate of variance under the terms of Chapter Whereas, Desdalena M. Trice has Occupancy as a bar with entertain- 329 and special permit from the proposed to the City to purchase and ment, an outdoor patio and canopy Board of Zoning Appeals, which develop the parcel for yard expan- on a 40' x 110.02' corner lot located may be issued only if the Board sion; now, therefore, in a Planned Unit Development finds after public hearing that such Be it resolved by the Board of (PUD) Overlay District within a G3 change is no more harmful or objec- Control of the City of Cleveland that Multi-Family District; subject to the tionable than the previous noncon- under the authority of Ordinance No. provisions in Section 334.13, after forming use in floor or other space 1616-10, passed by the Cleveland completion of initial construction, no occupied, in volume of trade or pro- City Council February 7, 2011, the Building Permit or Certificate of duction, in kind of goods sold or pro- Mayor is authorized to execute an Occupancy shall be issued for any duced, in daily hours or other peri- official deed for and on behalf of lot within a development or any od of use, in the type or number of the City of Cleveland to Desdalena phase thereof for which a Site Plan persons to occupy or be attracted to M. Trice for the sale and develop- has been approved under Section the premises or in any other char- ment of Permanent Parcel No. 118- 334.04 or division (b) of Section acteristic of the new use as com- 22-077, as described in the Ordinance 334.05 unless one of the following pared with the previous use. according to the Land Reutilization applies: Program in such manner as best car- (a) the application for a Building Calendar No. 11-71: 18216 Cornwall ries out the intent of the program. Permit or Certificate of Occupancy Road (Ward 11) Be it further resolved that the con- conforms to the approved Final Site Wesley and Jacqueline McClain, sideration for the parcel shall be Plan; owners, appeal to change a one fam- $400.00, which amount is determined (b) the application conforms to all ily dwelling located on a 50' x to be not less than the fair market regulations applicable to properties 137.35' lot in an A1 One-Family Dis- value of the parcel for uses accord- for which a Site Plan has not been trict to a Type A Day Care; subject ing to the Land Reutilization Pro- approved and is also generally con- to the limitations of Section 337.02 gram. sistent, in the judgment of the that require the proposed change of Yeas: Acting Director Langhenry, Director, with the approved Site use to be not less than 30 feet from Directors Dumas, R. Smith, Cox, But- Plan; or any adjoining premises in a Resi- ler, Acting Director H. Smith, Direc- (c) an amendment to the approved dence District not used for a simi- tors Rush, Southerington, Nichols, Site Plan is approved under Section lar purpose and with approval from Fumich and Rybka. 334.10 to allow the action for which the Board of Zoning Appeals after Nays: None. the Permit or Certificate is sought; public notice and hearing to deter- Absent: Mayor Jackson and Direc- or mine if adequate yard spaces ad tor Withers. (d) for Permits or Certificates other safeguards to preserve the affecting a single lot of less than character of the neighborhood are JEFFREY B. MARKS, one quarter acre containing less provided and if in the judgment of Secretary than five thousand square feet of the Board, such buildings and uses 873 26 The City Record May 25, 2011 are appropriately located and The following appeal was Post- been repealed under CO § 443.261(b). designed and will meet a communi- poned: Pursuant to CO § 443.261(c), each ty need without adversely affecting change in the fare amount shall be the neighborhood. Calendar No. 10-245: 3237 Scranton applied to the meter. A representa- Road postponed to August 22, tive of the Bureau of Weights and Calendar No. 11-73: 3015 Bridge 2011. Measures must remove the current Avenue (Ward 3) security seal affixed to each taxicab Michael Zaverton, owner, appeals The following appeals heard by meter prior to the fare being to install approximately 104 linear the Board on May 16, 2011 were changed on the meter. feet of fence ranging in height from adopted and approved on May 23, three feet to six feet contrary to Sec- 2011. Dedrick C. Stephens tion 358.04(a) that prohibits fence Commissioner height to be higher than its distance The following appeals were Division of Assessments and from a residence building on an Approved: Licenses adjoining lot and the proposed fence is within twenty inches and three Calendar No. 11-50: 17024 Dorchester feet, four inches of a house on an Drive May 25, 2011 and June 1, 2011 adjoining lot. Michael Jenovic appealed to erect a frame attached garage on a cor- NOTICE OF PUBLIC HEARING Secretary ner lot in an A1 One-Family District; subject to condition.

REPORT OF THE BOARD Calendar No. 11-56: 2900 Martin NONE OF ZONING APPEALS Luther King Drive The Benedictine Order of Cleve- land appealed to erect a new bus garage and football field complex CITY OF CLEVELAND BIDS MONDAY, MAY 23, 2011 on acreage in a B1 Two-Family Dis- trict. At the meeting of the Board of Zoning Appeals on Monday, May 23, The following appeal heard by the For All Departments 2011, the following appeals were Board on February 22, 2011 was heard by the Board. adopted and approved on May 23, Sealed bids will be received at the 2011. office of the Commissioner of Pur- The following appeals were chases and Supplies, Room 128, City Approved: The following appeal was Hall, in accordance with the append- Approved: Calendar No. 11-59: 15600 Lorain ed schedule, and will be opened and Avenue read in Room 128, City Hall, imme- Calendar No. 10-227: 820 College Lakepark Congregation appealed diately thereafter. Avenue to construct a Kingdom Hall Church Each bid must be made in accor- Tom Leneghan appealed to add on consolidated parcels in a Gener- dance with the specifications and al Retail Business District. live entertainment to an existing must be submitted on the blanks bar/tavern to remove parking supplied for the purpose, all of spaces and convert to outdoor patio Calendar No. 11-60: 11100 Detroit which may be obtained at the office use in a General Retail Business Avenue of the said Commissioner of Pur- District; subject to conditions. La Cresta Properties LLC, owner, chases and Supplies, but no bid will and Eni Sotiri, tenant, appealed to Secretary be considered unless delivered to establish use as a coffee shop in a the office of the said commissioner corner portion of a mixed use build- previous to 12:00 noon (Eastern ing in a General Retail business REPORT OF THE BOARD Standard Time) on the date speci- District. OF BUILDING STANDARDS fied in the schedule. 187.10 Negotiated contracts; Notice Calendar No. 11-62: 1901 Ford Drive AND BUILDING APPEALS Case Western Reserve University required in Advertisement for Bids. appealed to extend a temporary tent Where invitations for bids are installation from May 1, 2011 advertised, the following notice through October 31, 2011. NO MEETING shall be included in the advertisement: “Pursuant to the MBE/FBE Calendar No. 11-63: 2149 West 6th Code, each prime bidder, each minor- Street PUBLIC NOTICE ity business enterprise (“MBE”) and Todd Burger and Kristie Beck each female business enterprise appealed to erect a three-story (“FBE”) must be certified before – TAXICABS– frame dwelling and attached garage doing business with the City. There- in a B1 Multi-Family District. NOTICE OF RATES OF FARE ADJUSTMENT DUE TO COST OF fore, any prime contractor wishing to receive credit for using an MBE Calendar No. 11-64: 2274 East 73rd GASOLINE or FBE should ensure that applica- Street East Central Townhomes, LLC tions for certification as to MBE or and Burten Bell Carr Development Dedrick C. Stephens, Commissioner FBE status compliance with the Corporation appealed to Install a 6 Division of Assessments and Code, affirmative action in employ- foot high board on board wooden Licenses ment and, if applicable, joint ven- fence in the actual side street yard ture status, are submitted to the Of - along Central Avenue in a C2 Gen- As of the first Monday of May, fice of Equal Opportunity (“OEO”) eral Retail Business District. 2011, and one month prior thereto, prior to the date of bid opening or the price per gallon for regular submission of proposals or as speci - The following appeals were With- unleaded gasoline for the Cleveland- fied by the Director. Failure to com- Lorain-Elyria Metro Area as pub- drawn: ply with the business enterprise lished by the Automobile Associa- code or with representations made None. tion of America’s State-by-State Fuel Price Average Report is equal to or on these forms may result in can- cellation of the contract or other The following appeal was Dis- greater than $3.00 per gallon. There- civil or criminal penalties.” missed: fore, pursuant to CO § 433.261(a), an increase of $1.00 to the rates of fare Calendar No. 10-179: 3292 Fulton set forth in CO § 443.26 is hereby FRIDAY, JUNE 3, 2011 Road authorized and shall take effect 30 Pawaw Mangla appealed to days from the publication of this File No. 85-11 — East 78th Street change use from a retail store to a notice. No further increases shall be Relocation (from Marble to motor vehicle minor repair use in a authorized until all prior increases Osage), for the Division of Engi- Local Retail Business District. issued pursuant to CO § 443.261 have neering and Construction, Mayor’s 874 May 25, 2011 The City Record 27

Offfice of Capital Projects, as THERE WILL BE A NON-MANDA- THURSDAY, JUNE 23, 2011 authorized by Ordinance No. 625-11, TORY PRE-BID MEETING passed by the Council of the City THURSDAY, JUNE 2, 2011 AT File No. 88-11 — Labor and Materi- of Cleveland, May 9, 2011. 10:00 A.M. THE CLEVELAND als needed to Maintain, Test, THERE WILL BE A NON-REFUND- CITY HALL, 601 LAKESIDE Install, Replace, Improve, ABLE FEE FOR PLANS AND AVENUE, ROOM 518, CLEVE- Restore, and Refurbish Land- SPECIFICATIONS IN THE LAND, OHIO 44114. scaping Various Public Utilities AMOUNT OF FIFTY DOLLARS File No. 87-11 — Purchase of Trans- Facilities, for the Divisions of ($50.00) IN THE FORM OF A formers and Accessories, for the Water and Water Pollution Control, CASHIER’S CHECK AND OR Division of Cleveland Public Power, Department of Public Utilities, as MONEY ORDER ONLY (NO COM- Department of Public Utilities, as authorized by Ordinance No. 1599-10, PANY CHECKS, NO CASH AND authorized by Section 129.26 of the passed by the Council of The City NO CREDIT CARDS WILL BE Codified Ordinances of Cleveland, of Cleveland, December 6, 2010. ACCEPTED). Ohio, 1976. THERE WILL BE A NON-MANDA- THERE WILL BE A NON-MANDA- THERE WILL BE A NON-MANDA- TORY PRE-BID MEETING TORY PRE-BID MEETING TORY PRE-BID MEETING FRI- THURSDAY, JUNE 2, 2011 AT THURSDAY, MAY 26, 2011 AT DAY, MAY 27, 2011 AT 11:00 A.M. 10:00 A.M. THE CARL B. STOKES THE TOM L. JOHNSON BUILD- 10:00 A.M. THE CLEVELAND PUBLIC UTILITIES BUILDING, ING, 1300 LAKESIDE AVENUE, CITY HALL, 601 LAKESIDE 1201 LAKESIDE AVENUE, CLEVELAND, OHIO 44114. AVENUE, ROOM 518, CLEVE- CLEVELAND, OHIO 44114. LAND, OHIO 44114. May 18, 2011 and May 25, 2011 File No. 89-11 — West Side Market Facility Upgrades (Re-bid), for May 18, 2011 and May 25, 2011 FRIDAY, JUNE 10, 2011 the Division of Architecture and WEDNESDAY, JUNE 8, 2011 Site Development, Department of File No. 90-11 — Cleveland Browns Public Works, as authorized by Stadium 2010 and 2011 Capital File No. 86-11 — Various Bulk Multi- Ordinance No. 489-07, passed by the Improvements, for the Division of Purpose Bond Paper, for the Divi- Council of the City of Cleveland, Architecture and Site Development, sion of Printing and Reproduction, June 4, 2007. Department of Public Works, as Department of Finance, as autho- THERE WILL BE A NON-REFUND- authorized by Ordinance No. 550-10, rized by Section 181.101 of the Cod- ABLE FEE FOR PLANS AND passed by the Council of the City ified Ordinances of Cleveland, Ohio, SPECIFICATIONS IN THE of Cleveland, August 18, 2010. 1976. AMOUNT OF FIFTY DOLLARS THERE WILL BE A NON-REFUND- ($50.00) IN THE FORM OF A THERE WILL BE A NON-MANDA- ABLE FEE FOR PLANS AND CASHIER’S CHECK AND OR TORY PRE-BID MEETING SPECIFICATIONS IN THE MONEY ORDER ONLY (NO COM- THURSDAY, MAY 26, 2011 AT AMOUNT OF FIFTY DOLLARS PANY CHECKS, NO CASH AND 10:30 A.M. THE DIVISION OF ($50.00) IN THE FORM OF A PRINTING AND REPRODUC- CASHIER’S CHECK AND OR NO CREDIT CARDS WILL BE TION, 1735 LAKESIDE AVENUE, MONEY ORDER ONLY (NO COM- ACCEPTED). CLEVELAND, OHIO 44114. PANY CHECKS, NO CASH AND THERE WILL BE A NON-MANDA- NO CREDIT CARDS WILL BE TORY PRE-BID MEETING ACCEPTED). THURSDAY, JUNE 9, 2011 AT May 18, 2011 and May 25, 2011 THERE WILL BE A MANDATORY 1:00 P.M. THE CONVENTION PRE-BID MEETING FRIDAY, CENTER, 500 LAKESIDE THURSDAY, JUNE 9, 2011 JUNE 3, 2011 AT 10:00 A.M. THE AVENUE, 3RD FLOOR CONFER- CLEVELAND BROWNS STADI- ENCE ROOM, CLEVELAND, File No. 83-11 — Lubricants, for the UM, SOUTHWEST ENTRANCE OHIO 44114. Divisions of Water, Cleveland Pub- (CLEVELAND CLINIC GATE), THERE WILL BE A TOUR OF THE lic Power and Water Pollution Con- CLEVELAND, OHIO 44114. FACILITY IMMEDIATELY trol, Department of Public Utilities, THE CITY OF CLEVELAND WILL AFTER THE PRE-BID MEET- as authorized by Section 181.101 of NOT CONSIDER THE BID OF ING. THE LOCATION WILL BE the Codified Ordinances of Cleve- ANYONE WHO DOES NOT AT - THE WEST SIDE MARKET, 1979 land, Ohio, 1976. TEND A MANDATORY PRE-BID WEST 25TH STREET, CLEVE- THERE WILL BE A NON-MANDA- CONFERENCE. TORY PRE-BID MEETING LAND, OHIO 44113. THURSDAY, MAY 26, 2011 AT File No. 91-11 — 2011 Safety Surface 2:30 P.M. THE CARL B. STOKES and Signage Improvements, for May 25, 2011 and June 1, 2011 PUBLIC UTILITIES BUILDING, the Division of Architecture and 1201 LAKESIDE AVENUE, 4TH Site Development, Department of FLOOR ATRIUM CONFERENCE Public Works, as authorized by ROOM, CLEVELAND, OHIO 44114. Ordinance No. 607-10, passed by the ADOPTED RESOLUTIONS Council of the City of Cleveland, AND ORDINANCES June 7, 2010. May 18, 2011 and May 25, 2011 THERE WILL BE A NON-REFUND- ABLE FEE FOR PLANS AND Res. No. 719-11. WEDNESDAY, JUNE 15, 2011 SPECIFICATIONS IN THE By Council Member Cimperman. AMOUNT OF TWENTY-FIVE An emergency resolution with- File No. 84-11 — Lake to Lake Bike DOLLARS ($25.00) IN THE drawing objection to the renewal of a Trail Extension, for the Division FORM OF A CASHIER’S CHECK D5 and D6 Liquor Permit at 1740 East of Engineering and Construction, AND OR MONEY ORDER ONLY 17th Street and repealing Resolution Department of Public Works, as (NO COMPANY CHECKS, NO No. 1110-10 objecting to said renewal. authorized by Ordinance No. 310-10, CASH AND NO CREDIT CARDS Whereas, this Council objected to passed by the Council of the City WILL BE ACCEPTED). a D5 and D6 Liquor Permit to 1740 of Cleveland. June 7, 2010. THERE WILL BE A NON-MANDA- East 17th Street by Resolution No. THERE WILL BE A NON-REFUND- TORY PRE-BID MEETING 1110-10 adopted by the Council on ABLE FEE FOR PLANS AND THURSDAY, JUNE 2, 2011 AT August 18, 2010; and SPECIFICATIONS IN THE 2:00 P.M. THE CLEVELAND PUB- Whereas, this Council wishes to AMOUNT OF FIFTY DOLLARS LIC AUDITORIUM, 500 LAKE- withdraw its objection to the above ($50.00) IN THE FORM OF A SIDE AVENUE, 3RD FLOOR renewal and consents to said renew- CASHIER’S CHECK AND OR CONFERENCE ROOM, CLEVE- al; and MONEY ORDER ONLY (NO COM- LAND, OHIO 44114. Whereas, this resolution consti- PANY CHECKS, NO CASH AND tutes an emergency measure provid- NO CREDIT CARDS WILL BE ing for the usual daily operation of ACCEPTED). May 25, 2011 and June 1, 2011 a municipal department; 875 28 The City Record May 25, 2011

Be it resolved by the Council of the D5 and D6 Liquor Permit at 2710 diately upon its adoption and City of Cleveland: Lorain Avenue and repealing Resolu- approval by the Mayor; otherwise, it Section 1. That objection to a D5 tion No. 1084-10. shall take effect and be in force from and D6 Liquor Permit to 1740 East Whereas, this Council objected to and after the earliest period allowed Seventeenth Street, LLC, DBA Moe’s a D5 and D6 Liquor Permit to 2710 by law. Bar, 1740 East 17th Street, 1st floor Lorain Avenue by Resolution No. Adopted May 16, 2011. and basement, Cleveland, Ohio 44114, 1084-10 adopted by the Council on Effective May 20, 2011. Permanent Number 6548846 be and the August 18, 2010; and same is hereby withdrawn and Reso- Whereas, this Council wishes to lution No. 1110-10, containing such withdraw its objection to the above objection, be and the same is hereby renewal and consents to said renew- Res. No. 723-11. repealed and that this Council con- al; and By Council Member Kelley. sents to the immediate renewal there- Whereas, this resolution consti- An emergency resolution with- of. tutes an emergency measure provid- drawing objection to the renewal of a Section 2. That this resolution is ing for the usual daily operation of D1, D2, D3, D3A and D6 Liquor Permit hereby declared to be an emergency a municipal department; at 5100 Pearl Road and repealing Res- measure and provided it receives the Be it resolved by the Council of the olution No. 1089-10, objecting to said affirmative vote of two-thirds of all City of Cleveland: renewal. the members elected to Council, it Section 1. That objection to a D5 Whereas, this Council objected to shall take effect and be in force imme- and D6 Liquor Permit to 2710, Inc., a D1, D2, D3, D3A and D6 Liquor diately upon its adoption and DBA Touch Supper Club, 2710 Lorain Permit at 5100 Pearl Road by Reso- approval by the Mayor; otherwise, it Avenue, Cleveland, Ohio 44113, Per- lution No. 1089-10 adopted by the shall take effect and be in force from manent Number 9116883 be and the Council on August 18, 2010; and and after the earliest period allowed same is hereby withdrawn and Reso- Whereas, this Council wishes to by law. lution No. 1084-10, containing such withdraw its objection to the above Adopted May 16, 2011. objection, be and the same is hereby renewal and consents to said renew- Effective May 20, 2011. repealed and that this Council con- al; and sents to the immediate renewal there- Whereas, this resolution consti- of. tutes an emergency measure provid- Section 2. That this resolution is ing for the usual daily operation of Res. No. 720-11. hereby declared to be an emergency a municipal department; By Council Member Cimperman. measure and provided it receives the Be it resolved by the Council of the An emergency resolution with- affirmative vote of two-thirds of all City of Cleveland: drawing objection to the transfer of the members elected to Council, it Section 1. That objection to a D1, ownership and location of a D5 Liquor shall take effect and be in force imme- D2, D3, D3A and D6 Liquor Permit to Permit at 240 Euclid Avenue and diately upon its adoption and A & E Investments, Co., DBA Its Sta- repealing Resolution No. 374-11, approval by the Mayor; otherwise, it tion, 5100 Pearl Road, Cleveland, Ohio objecting to said transfer. shall take effect and be in force from 44129, Permanent Number 00094580005 Whereas, this Council objected to and after the earliest period allowed be and the same is hereby withdrawn the transfer of ownership of a D5 by law. and Resolution No. 1089-10, containing Liquor Permit to 236 Euclid Retail, Adopted May 16, 2011. such objection, be and the same is LLC, 240 Euclid Avenue, Cleveland, Effective May 20, 2011. hereby repealed and that this Council Ohio 44114, Permanent No. 9115395 consents to the immediate renewal by Resolution No. 374-11 adopted by thereof. the Council on May 21, 2011; and Section 2. That this resolution is Whereas, this Council wishes to Res. No. 722-11. hereby declared to be an emergency withdraw its objection to the above measure and provided it receives the transfer and consents to said trans- By Council Member Cimperman. An emergency resolution with- affirmative vote of two-thirds of all fer; and the members elected to Council, it Whereas, this resolution consti- drawing objection to the renewal of a D1, D2, D3, D3A and D6 Liquor Permit shall take effect and be in force imme- tutes an emergency measure provid- diately upon its adoption and ing for the usual daily operation of at 21 Prospect Avenue and repealing Resolution No. 1082-10 objecting to approval by the Mayor; otherwise, it a municipal department; shall take effect and be in force from Be it resolved by the Council of the said renewal. Whereas, this Council objected to and after the earliest period allowed City of Cleveland: by law. Section 1. That objection to a D5 a D1, D2, D3, D3A and D6 Liquor Permit to 21 Prospect Avenue by Adopted May 16, 2011. Liquor Permit to 236 Euclid Retail, Effective May 20, 2011. LLC, 240 Euclid Avenue, Cleveland, Resolution No. 1082-10 adopted by Ohio 44114, Permanent Number the Council on August 18, 2010; and 9115395, be and the same is hereby Whereas, this Council wishes to withdraw its objection to the above withdrawn and Resolution No. 374-11, Res. No. 724-11. containing such objection, be and the renewal and consents to said renewal; and By Council Member Miller. same is hereby repealed and that this An emergency resolution objecting Council consents to the immediate Whereas, this resolution constitutes an emergency measure provid- to a New C1 Liquor Permit at 17229 transfer thereof. ing for the usual daily operation of Euclid Avenue. Section 2. That this resolution is a municipal department; Whereas, Council has been noti- hereby declared to be an emergency Be it resolved by the Council of the fied by the Department of Liquor measure and provided it receives the City of Cleveland: Control of an application for a New affirmative vote of two-thirds of all Section 1. That objection to a D1, C1 Liquor Permit at 17229 Corpora- the members elected to Council, it D2, D3, D3A and D6 Liquor Permit to tion, 17229 Euclid Avenue, Cleve- shall take effect and be in force imme- FFB Cleveland, LLC, DBA Fat Fish land, Ohio 44112, Permanent Number diately upon its adoption and Blue, 21 Prospect Avenue, Cleveland, 6549661; and approval by the Mayor; otherwise, it Ohio 44115, Permanent Number Whereas, the granting of this shall take effect and be in force from 2600072 be and the same is hereby application for a liquor permit to and after the earliest period allowed withdrawn and Resolution No. 1082- this high crime area, which is by law. 10, containing such objection, be and already saturated with other liquor Adopted May 16, 2011. the same is hereby repealed and that outlets, is contrary to the best inter- Effective May 20, 2011. this Council consents to the immedi- ests of the entire community; and ate renewal thereof. Whereas, the applicant does not Section 2. That this resolution is qualify to be a permit holder and/or hereby declared to be an emergency has demonstrated that he has oper- Res. No. 721-11. measure and provided it receives the ated his liquor business in disregard By Council Member Cimperman. affirmative vote of two-thirds of all of the laws, regulations or local An emergency resolution with- the members elected to Council, it ordinances of this state or any other drawing objection to the renewal of a shall take effect and be in force imme- state; and 876 May 25, 2011 The City Record 29

Whereas, the place for which the diately upon its adoption and and after the earliest period allowed permit is sought has not conformed approval by the Mayor; otherwise, it by law. to the building, safety or health shall take effect and be in force from Adopted May 16, 2011. requirements of the governing body and after the earliest period allowed Effective May 20, 2011. of this County or City; and by law. Whereas, the place for which the Adopted May 16, 2011. permit is sought is so arranged or Effective May 20, 2011. constructed that law enforcement Res. No. 726-11. officers or agents of the Department By Council Member Zone. of Liquor Control are prevented rea- An emergency resolution with- sonable access to the establishment; Res. No. 725-11. drawing objection to the transfer of and By Council Member Miller. stock of a D1, D2, D3 and D3A Liquor Whereas, the place for which the An emergency resolution with- Permit at 2240 Fulton Road, 1st floor, permit is sought is so located with drawing objection to the renewal of a basement and patio and repealing respect to the neighborhood that it C2 and C2X Liquor Permit at 453 Resolution No. 28-11, objecting to said substantially interferes with public Dundee Drive, southwest corner, 1st transfer. decency, sobriety, peace or good floor and basement and repealing Whereas, this Council objected to order; and Resolution No. 961-10, objecting to the transfer of stock of a D1, D2, D3 Whereas, this objection is based said renewal. and D3A Liquor Permit to 2240 Ful- on other legal grounds as set forth Whereas, this Council objected to ton Road, 1st floor, basement and in Revised Code Section 4303.292; a C2 and C2X Liquor Permit at 453 patio by Resolution No. 28-11 adopt- and Dundee Drive, southwest corner, 1st ed by the Council on January 10, Whereas, this resolution consti- floor and basement by Resolution 2011; and tutes an emergency measure provid- No. 961-10 adopted by the Council on Whereas, this Council wishes to ing for the immediate preservation July 14, 2010; and withdraw its objection to the above of the public peace, prosperity, safe- Whereas, this Council wishes to transfer and consents to said transfer; and ty and welfare pursuant to Section withdraw its objection to the above Whereas, this resolution consti- 4303.26 of the Ohio Revised Code. renewal and consents to said renew- tutes an emergency measure provid- Council’s objection to said permit al; and ing for the usual daily operation of must be received by the Director of Whereas, this resolution consti- a municipal department; now, there- Liquor Control within 30 days of tutes an emergency measure provid- fore, notification; now, therefore, ing for the usual daily operation of Be it resolved by the Council of the Be it resolved by the Council of the a municipal department; now, there- City of Cleveland: City of Cleveland: fore, Section 1. That objection to a D1, Section 1. That Council does hereby Be it resolved by the Council of the D2, D3 and D3A Liquor Permit to record its objection to a New C1 City of Cleveland: Tombstone Tavern, Inc., 2240 Fulton Liquor Permit at 17229 Corporation, Section 1. That objection to a C2 and Road, 1st floor, basement and patio, 17229 Euclid Avenue, Cleveland, Ohio C2X Liquor Permit to M & M Allan, Cleveland, Ohio 44113, Permanent 44112, Permanent Number 6549661; Inc., DBA Central Fox Market, 453 Number 8981727 be and the same is and requests the Director of Liquor Dundee Drive, southwest corner, 1st hereby withdrawn and Resolution No. Control to set a hearing for said appli- floor and basement, Cleveland, Ohio 28-11, containing such objection, be cation in accordance with provisions 44108, Permanent Number 5380275 be and the same is hereby repealed and of Section 4303.26 of the Revised Code and the same is hereby withdrawn that this Council consents to the of Ohio. and Resolution No. 961-10, containing immediate transfer thereof. Section 2. That the Clerk of Council such objection, be and the same is Section 2. That this resolution is be and she is hereby directed to trans- hereby repealed and that this Council hereby declared to be an emergency mit two certified copies of this resolu- consents to the immediate renewal measure and provided it receives the tion, together with two copies of a let- thereof. affirmative vote of two-thirds of all ter of objection and two copies of a Section 2. That this resolution is the members elected to Council, it letter requesting that the hearing be hereby declared to be an emergency shall take effect and be in force imme- held in Cleveland, Cuyahoga County. measure and provided it receives the diately upon its adoption and Section 3. That this resolution is affirmative vote of two-thirds of all approval by the Mayor; otherwise, it hereby declared to be an emergency the members elected to Council, it shall take effect and be in force from measure and, provided it receives the shall take effect and be in force imme- and after the earliest period allowed affirmative vote of two-thirds of all diately upon its adoption and by law. the members elected to Council, it approval by the Mayor; otherwise, it Adopted May 16, 2011. shall take effect and be in force imme- shall take effect and be in force from Effective May 20, 2011.

Ord. No. 934-10. By Council Member Sweeney. An emergency ordinance to amend Sections 350.13 through 350.15 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to electronically-changeable signs. 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 Sections of the Codified Ordinances Cleveland, Ohio 1976: Section 350.13, as amended by Ordinance No. 1962-98, passed May 3, 1999, Section 350.14, as amended by Ordinance No. 1435-99, passed February 28, 2000, and Section 350.15, as amended by Ordinance No. 3076-A-89, passed December 10, 1990, are amended as follows:

Section 350.13 Signs for Residential Districts Signs in Residential Districts and Residence-Office Districts, as well as signs for community facility uses permitted in these districts, shall be permitted as regulated below: (a) Permitted Types, Number, Area and Height (Residential). Signs by use and structural type are permitted only in accordance with regulations presented in the schedule of Permitted Types, Number, Area and Height (Res- idential). Sign types not listed are prohibited except for political signs which are permitted as regulated in Sec- tion 350.11. Automatic changeable copy signs are prohibited in all Residence Districts. (All signs are permanent unless listed as temporary). 877 30 The City Record May 25, 2011

SCHEDULE OF PERMITTED TYPES, NUMBER, AREA, & HEIGHT (RESIDENTIAL)

LAND USE CATEGORIES SIGNS BY 1-2 FAMILY TOWNHOUSES MULTI-FAMILY COMMUNITY USE TYPE DWELLINGS (ROW HOUSES)2 APARTMENTS FACILITY

TYPES: wall or free-standing TYPES: wall #: 2 per dwelling unit NAMEPLATE #: 1 per dwelling unit Not Permitted Not Permitted SF: 2 SF: 2 Ht: 3' TYPES: wall or free standing ...... #: minimum necessary as approved by Building Commissioner ...... INFORMATION SF: 1 SF: 4 SF: 4 SF: 4 Ht: 2' Ht: 3' Ht: 3' Ht: 3' TYPES: wall, free-standing or canopy ...... #: 1 per vehicular entrance #: 1 per vehicular #: 1 per vehicular1 #: 1 per vehicular INDENTIFICATION2 to a subdivision entrance entrance entrance SF: 20 SF: 20 SF: 20 SF: 40 Ht: 5' Ht: 5' Ht: 5' Ht: 5' TYPES: wall or free standing ...... #: minimum necessary as approved by Building Commissioner DIRECTIONAL Not Permitted SF: 4 SF: 4 SF: 4 Ht: 3' Ht: 3' Ht: 3'

TYPES: free-standing or TYPES: free-standing TYPES: wall, window or free-standing . . . . .#: 1 per vehicular entrance ...... REAL ESTATE window or window #: 1 per lot #: 1 per unit (Temporary) SF: 6 SF: 6 SF: 32 SF: 32 Ht: 6' Ht: 6' Ht: 8' Ht: 8'

TYPES: free-standing TYPES: wall, window or free-standing ...... DEVELOPMENT #: 1 per vehicular entrance #: 1 per vehicular entrance ...... to a subdivision (Temporary) SF: 48 SF: 64 SF: 64 SF: 64 Ht: 10' Ht: 10' Ht: 10' Ht: 10'

TYPES: wall or BULLETIN free-standing Not Permitted Not Permitted Not Permitted #: 1 per lot BOARD SF: 40 Ht: 8'

TYPE: Permitted signs by structural type #: Maximum number of signs SF: Maximum sign face area (in square ft.) per side of each sign Ht.: Maximum height for free-standing signs

1One additional identification sign not exceeding 10 square feet in area shall be permitted for each apartment building in a complex of two (2) or more such buildings.

2In any One-Family or Two-Family Residential District, such signs are permitted only for subdivisions of at least ten (10) lots.

3Identification or Bulletin Board signs using electronically changeable copy may be permitted for Community Facility Uses only in accordance with the regulations of division (g) of this section. (b) Location (Residential). Signs as permitted for residential and community facility uses shall conform with the location regulations presented in the Schedule of Location Regulations (Residential) in addition to the regulations of Section 350.08.

SCHEDULE OF LOCATION REGULATIONS (RESIDENTIAL) Free-Standing Sign Types

Minimum Nameplate Distance Political & Real Estate* Bulletin ______From ______Information Identification______&______Development ______Board

All Lot Lines 5' 20' 20' 25' Occupied 1-2 Family Dwelling ___ 35' 75' ___

*Real estate signs for individual one-family, two-family and townhouse units shall be located a minimum distance of two (2) feet from every lot line and dwelling.

(c) Garage Sale and Open House Sign Regulations. Signs directing attention to a real estate open house or a sale of household items from a garage or house shall be permitted for one and two-family dwellings and townhouses (rowhouses) in accordance with the following regulations: (1) Maximum Number of signs: one (1) per lot or townhouse unit. (2) Permitted Sign Types: window or free-standing. (3) Maximum Sign Area: four (4) square feet per sign. (4) Maximum Height: four (4) feet for free-standing signs. (5) Location: five (5) feet minimum setback from every lot line. (6) Display Period: no more than three 4-day periods per year.

(d) Temporary Directional Signs: Signs directing attention to a real estate open house, garage sale or house auction, for a single-family, two-family or townhouse unit, may be displayed as free-standing signs on "tree lawn" areas in accordance with the following regulations: 878 May 25, 2011 The City Record 31

(1) Maximum Number of Signs: four (4) per event, with no more than two (2) per block for any single event. (2) Maximum Sign Area: two (2) square feet per sign. (3) Maximum Heights: three (3) feet. (4) Location: at least one (1) foot from curbs and sidewalks and only on corner lots or at street intersections. (5) Display Period: only on the days of the event and not more than three (3) 3-day periods per year for garage sales and house auctions and not more than two (2) days per week for open house events. (6) Consent: Temporary directional signs shall be displayed only with the consent of the owner of the property that immediately adjoins the tree lawn on which the sign is to be placed.

(e) Signs or Accessory Business Uses. In any Multi-Family Residential District, a business or home occupation permitted as an accessory use may be identified by means of a permitted nameplate sign. Such sign may be displayed as either a wall or window sign not exceeding two (2) square feet in area and illuminated, if at all, by reflected light from a light source which is not visible from beyond the subject lot. No such signs, however, shall be permitted in an One-Family or Two-Family Residential District.

(f) Office Buildings. Signs for office buildings in Residence-Office Districts shall be permitted in accordance with the regulations for retail uses as provided in Section 350.14.

(g) Community Facility Uses. A variance shall be required and may be granted for Identification or Bulletin Board signs using electronically changeable copy to display information pertinent to a Community Facility use on the premises of such Community Facility use only if the Board of Zoning Appeals determines that the sign will provide community information without adversely affecting the character of nearby residential properties, in accordance with the following provisions. (1) Community Facility Uses, for purposes of these provisions, shall include schools, places of worship, libraries, museums, hospitals, municipal recreation centers, parks, playgrounds, police stations, fire stations and other principal uses determined to be similar uses by the Board of Zoning Appeals. (2) Information displayed on the sign shall be limited to information that pertains to the community facility use on which property the sign is located. Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion. (3) The sign using electronically changeable copy shall be either a wall sign or a freestanding sign or portion of such sign and shall be a maximum of thirty (30) square feet in area. (4) The placement and design of the sign using electronically changeable copy shall be approved by the City Planning Commission and Landmarks Commission, as applicable, in accordance with the design review guidelines established in this Zoning Code for signs and, specifically, with the intent of ensuring compatibility with the character of nearby residential properties. (5) The Board of Zoning Appeals may approve a sign that varies from these provisions if both the Board and the City Planning Commission or Landmarks Commission, as applicable, determine that the sign will meet a community need without adversely impacting the character of nearby residential properties.

Section 350.14 Signs for Retail Districts Signs for uses in University Retail, Local Retail, General Retail and Shopping Center Districts shall be permitted as regulated below:

(a) Maximum Sign Face Area (Retail). The maximum sign face area of all permanent building-mounted signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20.) Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W x 1/5) + 25 = SQUARE FEET OF SIGNAGE.

(b) Permitted Types, Number, Area and Height (Retail). Signs by use and structural type are permitted only in accordance with the regulations presented in the schedule of Permitted Types, Number, Area and Height (Retail). Sign types not listed are prohibited except for political signs which are permitted as regulated in Section 350.11. (All signs are permanent unless listed as temporary).

SCHEDULE OF PERMITTED TYPES, NUMBER, AREA, & HEIGHT (RETAIL)

SIGNS BY SIGNS BY STRUCTURAL TYPE

USE TYPE FREE-STANDING WALL WINDOW CANOPY PROJECTING

4 IDENTIFICATION #: 1 per lot SF: As regulated by formula . . . . #: 1 per building #: 1 per building 1 unit OR SF: 50 unit SF: 6 if hanging SF: 12 BUSINESS2, 3 Ht: 12'-Local Retail Districts from soffit Ht: 25'-Other Retail Districts

#: Minimum necessary as approved by Building Commissioner . . . . DIRECTIONAL & INFORMATION5 SF: 4 SF: 4 SF: 4 SF: 4 Not Permitted Ht: 3’

#: 1 per street #: 1 per building #: 1 per building REAL ESTATE frontage side unit Not Permitted Not Permitted (Temporary) SF: 48 SF: 48 SF: 12 Ht: 10’ #: 2 per lot (total) . . . . 6 DEVELOPMENT Not Permitted Not Permitted (Temporary) SF: 96 SF: 96 SF: 12 Ht: 12’

TEMPORARY (Excluding Real SF: 25% of window area Estate and As permitted in Section 350.12 As permitted in Section 350.12 Development)

879 32 The City Record May 25, 2011

#: Maximum number of signs SF: Maximum sign area (in square ft.) per side of each sign Ht.: Maximum height for free-standing signs and roof signs Sign Area Formula: (W x 1.5) + 25 - square feet

1Except 75 sq. ft. maximum for establishments with a building frontage of 100-200 ft. and 100 sq. ft. maximum for establishments with a building frontage exceeding 200 ft. For shopping centers, see Section 350.14(d).

2Identification or business signs using animation, electronically-changeable copy or flashing lights are specifically prohibited for “adult entertainment uses,” as defined in Section 343.11(a)[347.07(b)].

3Identification and business signs using animation or electronically-changeable copy are permitted in Local Retail Districts subject to the provisions of division (h) of this section, General Retail Districts and Shopping Center districts as free-standing, wall or window signs and, for theatres, also as canopy signs.

4See division (b) of Section 350.20.

5For hospitals, colleges and other public facilities and institutions, directional and information signs may be permitted to a maximum area of 12 sq. ft. and a maximum height of 6 ft. as necessary in the determination of the Building Commissioner.

6In Local Retail Districts, wall and free-standing development signs shall be limited to 48 sq. ft. and 10 ft. in height (for free-standing signs).

(c) Location (Retail). Free-standing signs as permitted for retail uses shall conform with the location regulations presented in the Schedule of Location Regulations (Retail) in addition to the regulations of Section 350.08.

______SCHEDULE OF LOCATION REGULATIONS (RETAIL) Free-Standing Sign Types Minimum Distance Identification/ Real Estate & Information From Business Development & Political Directional ______

Residential District Line 25' 25' 5' 5' Street R.O.W. Line(s) 3' 3' 3' 1' Side & Rear Lot Lines 5' 5' 5' 5' ______

(d) Shopping Centers. For purposes of this Chapter three (3) or more retail businesses located on a single lot and served by common parking or common vehicular entrances shall be classified as a “shopping center” and shall be permitted one (1) free-standing identification sign and one (1) wall identification sign in addition to other permitted signs and in accordance with the following regulations: (1) Display of Information. Each shopping center identification sign shall display only the name of the center and the name of not more than one (1) business located within the center, except that, with approval of the council member whose ward is affected as expressed by an ordinance or resolution of Council, for any shopping center with retail floor area exceeding 150,000 square feet, excluding “outlots” with separate free-standing signs, such sign may display the names of not more than two (2) businesses located within the center. (2) Size. The maximum sign face area of a shopping center identification sign shall equal twenty (20) square feet for each 10,000 square feet of gross floor area but shall not exceed 125 square feet. All shopping centers, however, shall be permitted a sign of at least fifty (50) square feet. (3) Other Regulations. All other regulations of this chapter applicable to identification signs shall apply to a shopping center identification sign. (4) Other Signs. A lot displaying a shopping center identification sign may display no other free-standing identification or business signs. (5) Secondary Frontages and Entrances. One (1) additional shopping center identification freestanding sign and one (1) additional shopping center identification wall sign shall be permitted for a shopping center with more than one vehicular entrance, provided that such signs meet the requirements of division (b) of Section 350.20. (6) Outlots. If a vehicular entrance or parking lot of a shopping center also serves a use located on a separate lot (i.e., “out lot”), the free-standing identification or business sign permitted for such lot shall be limited to a maximum of twenty-five (25) square feet in area and seven (7) feet in height. (7) Design Review. No sign identifying a shopping center or identifying two (2) or more businesses within a shopping center and no permanent identification sign of any type located within a designated Shopping Center District shall be erected or altered in appearance without the approval of the City Planning Commission or its Director. In considering such approval, the Commission shall seek to ensure that the signs demonstrate a high degree of graphic and architectural quality, legibility, and design compatibility with the shopping center, its signage and nearby development. (8) Consolidation of Free-Standing Signs. In the case of a shopping center with more than the number of signs allowed under this Chapter, which signs were legally established prior to the effective date of this ordinance, a new free-standing sign identifying two (2) or more businesses may be erected if the following conditions are met: 880 May 25, 2011 The City Record 33

A. the new multi-tenant sign shall display the name of the shopping center and tenant names no greater in number than the tenant names currently displayed on free-standing signs in the shopping center, but in no case shall more than six (6) tenant names be displayed on such sign; B. all other free-standing business identification signs on the shopping center property shall be removed prior to erection of the new sign, except that conforming signs permitted for outlots may be retained; C. the sign does not, exceed twelve (12) feet in height; D. the council member whose ward is affected approves, as expressed by an ordinance or resolution of Council.

(e) Gasoline Service Stations. Signs for gasoline service stations shall conform with all regulations of this chapter except for the maximum sign area regulations of division (a) of Section 350.14 and any regulations which directly conflict with the regulations stated below: (1) Free-standing Business Sign. Each station shall be permitted one (1) permanent free-standing business signs, with total sign face area of the panel or panels not exceeding one hundred (100) square feet. Such sign shall be limited to identifying the company name, management, fuel prices, and services offered. (2) Signs at Service Islands. Stations shall be permitted information signs at fuel or other service islands which display information regarding type of service or are necessary in directing or instructing the motorist who has entered the station area. Signs not extending beyond the edges of fuel pumps are permitted and shall not be counted as business identification signs. (3) Wall and Canopy Signs. Each station shall be permitted permanent identifications, business, directional and information signs displayed as wall or canopy signs and not exceeding one hundred (100) square feet in com- bined area. Non-opaque internally-illuminated canopy surfaces (“fascia”) shall be considered as sign panels for purposes of sign area measurement. (4) Temporary Signs. Temporary signs shall be permitted in accordance with the regulations of Section 350.12.

(f) Drive-Through Restaurants. For restaurants providing direct service to customers in motor vehicles, one (1) free-standing or wall-mounted “menu board” sign (limited to information regarding the restaurant’s menu and related instructions) shall be permitted for each drive-through lane in addition to signs and sign area otherwise permitted. Such sign shall not exceed forty (40) square feet in area and six (6) feet in height and shall meet setback regulations applicable to free-standing identification signs (as specified in division (c) of this section).

(g) Regulations for Larger Projecting Signs. A projecting sign may exceed the otherwise maximum permitted size of twelve (12) square feet and the otherwise maximum permitted projection of four (4) feet from a building wall if such sign meets the following standards: (1) Such sign shall be set back from the closest interior side lot line and the closest tenant party wall line at least one (1) foot for each one (1) square foot of sign area. (2) Such sign shall in no case exceed thirty-six (36) square feet in area nor eight (8) feet in projection from the building wall and shall be set back at least two (2) feet from the outer edge of any street curb. (3) No Building Permit shall be issued for such sign without approval of the City Planning Commission, which shall consider the design quality of the sign and its compatibility with the design character of the subject property and surrounding properties. In addition to considering such general design factors as placement, propor- tions, color, materials, and consistency with signs to be seen as a series, the City Planning Commission may specifically require use of non-rectangular, custom-shaped panels, exposed neon or reflected lighting, unobtru- sive support structures, narrow-profile sign cabinets, or other design features necessary to ensure that a larger projecting sign will enhance the appearance of the building on which it is placed and the district in which it is located. (4) At least five (5) working days prior to the City Planning Commission meeting at which approval under the regulations of this division will be considered, written notice shall be provided to the City Council member in whose ward the proposed sign is to be located.

(h) Automatic Changeable Copy Signs in Local Retail Districts. Automatic changeable copy signs shall be permitted in a Local Retail District only if the Board of Zoning Appeals grants a Variance in accordance with the following standards. (1) The Board of Zoning Appeals determines that the proposed sign will not adversely impact the character of nearby properties and will not cause disturbances to users of those properties. (2) The design and placement of the sign has been approved by the City Planning Commission or Landmarks Commission, as applicable, in accordance with the general design guidelines established for use by each Com- mission. (3) Each display of information shall remain static or fixed for a minimum of twenty (20) seconds, thereby prohibiting flashing, scrolling, animated or other copy that gives the appearance of motion, unless the City Plan- ning Commission or Landmarks Commission, as applicable, determines that animated or more frequently changing displays can be accommodated in a particular location without causing disturbances to nearby properties.

(i) Supplemental Regulations. Signs in Retail Districts shall also conform to regulations of Section 350.20.

Section 350.15 Signs for Industrial Districts Signs for uses in Residence-Industry, Semi-Industry, General Industry and Unrestricted Industry Districts shall be permitted as regulated below: (a) Maximum Sign Face Area (Industrial). The maximum sign face area of all building-mounted permanent signs for each building or unit thereof shall be related to the width of the building or unit. (For lots without buildings or with unusually small buildings, see division (d) of Section 350.20). Maximum sign face area, excluding the area of free-standing signs, shall be determined according to the measurement standards of Section 350.05 and the following formula where “W” is the width of frontage (in feet) of the building or unit thereof: (W 1.5) + 25 = SQUARE FEET OF SIGNAGE.

(b) Permitted Types, Number, Area and Height (Industrial). Signs by use and structural type are permitted only in accordance with the regulations presented in the Schedule of Permitted Types, Number, Area and Height (Industrial). Sign types not listed are prohibited except for billboards and political signs which are permitted as regulated in Sections 350.10 and 350.11 respectively. (All signs are permanent unless listed as temporary). 881 34 The City Record May 25, 2011

SCHEDULE OF PERMITTED TYPES, NUMBER, AREA, & HEIGHT (INDUSTRIAL)

SIGNS BY SIGNS BY STRUCTURAL TYPE 2 USE TYPE FREE-STANDING WALL WINDOW CANOPY ROOF

4 IDENTIFICATION #: 1 per lot SF: As regulated by formula . . . . #: 1 per building #: 1 per building 1 unit OR SF: 50 unit SF: 6 if hanging Ht: permitted BUSINESS2, 3 Ht: 25' from soffit building height

#: Minimum necessary as approved by Building Commissioner . . . . DIRECTIONAL & INFORMATION5 SF: 4 SF: 4 SF: 4 SF: 4 Not Permitted Ht: 3’

TEMPORARY (Excluding Real SF: 25% of window area Estate and As permitted in Section 350.12 As permitted in Section 350.12 Development)

#: Maximum number of signs SF: Maximum sign area (in square ft.) per side of each sign Ht.: Maximum height for free-standing signs and roof signs Sign Area Formula: (W x 1.5) + 25 - square feet

1A free-standing identification or business sign may exceed 50 square feet in area by an amount equal to 5 square feet for each 1-foot reduction in height below 25 feet. However, no such sign shall exceed 125 square feet in area.

2Roof signs are permitted only in General and Unrestricted Industrial Districts. The height and placement of roof signs is further regulated in chapter 3113 of the Building Code.

3Identification and business signs using animation or electronically-changeable copy are permitted as free-standing, wall or window signs in all industrial districts.

4See division (b) of Section 350.20.

(c) Location (Industrial). Free-standing signs as permitted for Industrial Districts shall conform to the location regulations presented in the Schedule of Location Regulations (Industrial) in addition to the regulations of Section 350.08.

______

SCHEDULE OF LOCATION REGULATIONS (INDUSTRIAL) Free-Standing Sign Types Minimum Distance Identification/ Real Estate & Information From Business Development & Political Directional ______

Residential District Line 25' 25' 5' 5' Street R.O.W. Line(s) 3' 3' 3' 1' Side & Rear Lot Lines 5' 5' 5' 5' ______882 May 25, 2011 The City Record 35

(d) Industrial Parks. In addition to signs otherwise permitted, a free-standing industrial park identification sign shall be permitted for a unified development of three (3) or more industrial firms and buildings served by a common local access road. Such sign shall conform to the following regulations: (1) Permitted Information: name and address of the industrial park and names of firms located in the park. (2) Maximum Number: one (1) for each street frontage containing a vehicular entrance to the industrial park. (3) Maximum Sign Face Area: sixty (60) square feet plus an additional twenty (20) square feet for each additional tenant above three, to a maximum of 120 square feet. (4) Maximum Height: twelve (12) feet. (5) Location. Such sign shall be located at a vehicular entrance to the industrial park and shall conform to the location regulations for other identification or business signs stated in paragraph (c) above. If, however, an industrial park identification sign is displayed, no other free-standing identification or business sign in the development shall be located within fifty (50) feet of the industrial park identification sign.

(e) Supplemental Regulations. Signs in Industrial Districts shall also conform to regulations of Section 350.20.

Section 2. That the following Sections of the Codified Ordinances Cleveland, Ohio 1976: Section 350.13, as amended by Ordinance No. 1962-98, passed May 3, 1999, Section 350.14, as amended by Ordinance No. 1435-99, passed Feb- ruary 28, 2000, and Section 350.15, as amended by Ordinance No. 3076-A-89, passed December 10, 1990, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed May 16, 2011. Effective May 20, 2011.

Ord. No. 1198-10. does not specify any degree of cul- and known as being a part of Original By Council Members Brancatelli, pability, then strict criminal liabili- Two Acre Lots 69 and 70, further Mitchell, Cummins and Sweeney (by ty shall apply and culpability is not known as being an easement over departmental request). required for the person to be guilty part of Lot “A” and sublot 21 in the An emergency ordinance to sup- of the offense. John A. Rockwell and Others Allot- plement the Codified Ordinances of Section 2. That this ordinance is ment as shown by plat recorded in vol- Cleveland, Ohio, 1976 by enacting declared to be an emergency mea- ume 2, page 58 of Cuyahoga County new Section 601.061, relating to the sure and, provided it receives the Map Records, the same being land imposition of strict criminal liabili- affirmative vote of two-thirds of all conveyed to Rockwell Property LLC ty for offenses in the Building and the members elected to Council, it by A.F.N. 201002260177 of Cuyahoga Housing Codes that do not specify a shall take effect and be in force County Records (PPN 101-05-018); degree of culpability. immediately upon its passage and Beginning in the northwesterly line Whereas, it was always the intent approval by the Mayor; otherwise it of Rockwell Avenue (66 feet wide), at of this Council that offenses con- shall take effect and be in force the most southerly corner of land contained in the Building Code or Hous- from and after the earliest period veyed to Rockwell Land Management ing Code that do not specify a allowed by law. Company by A.F.N. 200612280153 of degree of culpability be strict lia- Passed May 16, 2011. Cuyahoga County Records (PPN 101- bility offenses; and Effective May 20, 2011. 05-017); Whereas, in the case of Parma vs. Mackay, No. 92858, a panel of the COURSE 1 Eighth District Court of Appeals Thence South 33°58'50" East, along found, with respect to a building Ord. No 223-11. the southeasterly extension of the code offense of another municipali- By Council Members Cimperman, southwesterly line of said Rockwell ty, that recklessness musts be Land Management Company proper- Miller, Cleveland and Sweeney (by proved to convict an offender where ty, 8.12 feet; departmental request). the offense did not specify a degree An emergency ordinance authoriz- of culpability; and COURSE 2 ing the Director of Capital Projects to Whereas, it is the desire of this Thence South 55°41'23" West, issue a permit to Rockwell Property, Council to reaffirm its consistent 130.76 feet; and longstanding intent that offens- LLC, to encroach into the public right- of-way beneath Rockwell Avenue and es contained in the Building Code or COURSE 3 East 6th Street by installing, using, Housing Code be strict liability Thence North 33°59'41" West, and maintaining a sidewalk vault. offenses unless another degree of 137.89 feet; culpability is specified; and Whereas, this ordinance constitutes Whereas, this ordinance consti- an emergency measure providing for COURSE 4 tutes an emergency measure provid- the usual daily operation of a munici- Thence South 56°00'19" West, 9.42 ing for the usual daily operation of pal department; now, therefore, feet; a municipal department; now, there- Be it ordained by the Council of the fore, City of Cleveland: COURSE 5 Be it ordained by the Council of Section 1. That the Director of Capi- Thence North 33°59'41" West, 20.33 the City of Cleveland: tal Projects is authorized to issue a feet; Section 1. That the Codified Ordi- permit, revocable at the will of Coun- nances of Cleveland, Ohio, 1976 are cil, to Rockwell Property, LLC, 1403 COURSE 6 supplemented by enacting new Sec- East 6th Street Cleveland, Ohio 44114 Thence North 56°00'19" East, 9.42 tion 601.061 to read as follows: (“Permittee”), to encroach into the feet; public right-of-way beneath Rockwell Section 601.061 Strict Criminal Avenue and East 6th Street at the fol- COURSE 7 Liability in Building and Housing lowing described location for the pur- Thence North 33°59'41" West, 17.12 Code Offenses pose of installing, using, and main- feet; Notwithstanding any other section taining an underground sidewalk of the Codified Ordinances, when vault: COURSE 8 any section of the Building Code or Situated in the City of Cleveland, Thence North 55°41'23" East, 130.76 Housing Code defining an offense County of Cuyahoga and State of Ohio feet to the northwesterly extension of 883 36 The City Record May 25, 2011 the southwesterly line of said Rock- Whereas, under Resolution No. 610- issue a permit to the 25th Street Part- well Land Management Company 10, adopted August 18, 2010, this Coun- nership, LLC to encroach into the pub- property; cil declared its intention to vacate a lic right-of-way of West 25th Street by portion of Perry Court N.E. (12 feet installing, using, and maintaining COURSE 9 wide); and two six-inch T1 duct banks. Thence South 33°58'50" East, along Whereas, notice of the adoption of Whereas, this ordinance constitutes the northwesterly extension of the the above vacation was served on the an emergency measure providing for southwesterly line of said Rockwell abutting property owners affected by the usual daily operation of a munici- Land Management Company proper- the resolution which stated a time pal department; now, therefore, ty, 1.12 feet to the most westerly cor- and place when objections would be Be it ordained by the Council of the ner thereof, the same being in the heard before the Board of Revision of City of Cleveland: southeasterly sideline of Theresa Assessments; and Section 1. That the Director of Capi- Court (16.5 feet wide); Whereas, on February 17, 2011 the tal Projects is authorized to issue a Board of Revision of Assessments permit, revocable at the will of Coun- COURSE 10 approved the above vacation under cil, to the 25th Street Partnership, Thence South 55°43'25" West, the provisions of Section 176 of the LLC, 1498 West 25th Street Cleveland along the southeasterly sideline of Charter of the City of Cleveland; and Ohio 44113 (“Permittee”), to encroach said Theresa Court, 116.10 feet to the Whereas, this Council is satisfied into the public right-of-way of West northeasterly sideline of East 6th that there is good cause for vacating 25th Street by installing, using, and Street (99 feet wide); a portion of the above and that it will maintaining two (2) six-inch T1 duct not be detrimental to the general banks, at the following location: COURSE 11 interest and that it should be made; Situated in the City of Cleveland, Thence South 33°58'38" East, along and County of Cuyahoga and State of Ohio the northeasterly sideline of said Whereas, this ordinance constitutes and known as being part of Original East 6th Street, 166.11 feet to the an emergency measure providing for Brooklyn Township Lot No. 70 and northwesterly sideline of said Rock- the usual daily operation of a munici- bounded and described as follows: well Avenue; pal department; now, therefore, Beginning at the intersection of the Be it ordained by the Council of the Northwesterly Right of Way line of City of Cleveland: COURSE 12 Market Avenue (formerly 33 feet Section 1. That this Council Thence North 55°43'25" East, along wide), with the Southwesterly Right declares that the following described the northwesterly sideline of said of Way line of West 25th Street, 82.5 real property is vacated: Rockwell Avenue, 116.11 feet to the feet wide; Situated in the State of Ohio, Coun- PLACE OF BEGINNING, and contain- Thence N 30°58'51" W, along the ing 0.0881 acres of land (3,837 square ty of Cuyahoga and City of Cleveland and known as being part of ten acre Southwesterly Right of Way line of feet), as calculated and described in West 25th Street, 87.50 feet to a point November, 2010, by Michael P. Spella- lots 110, 111, 112 and 113 in the Perry and Payne’s Subdivision as recorded and the Principal Place of beginning; cy, P.S. 8169 of Polaris Engineering Thence continuing N 30°58'51" W, and Surveying, Inc. in volume 2, page 29 of Cuyahoga County Map Records and described as along the Southwesterly Right of Legal Description approved by Way line of West 25th Street, 15.00 Greg Esber, Section Chief, Plats, Sur- follows: feet to a point; thence N 59°01'09" E, veys and House Numbering Section. Being all that portion of Perry 82.50 feet to a point which lies in the Section 2. That Permittee may Court N.E. (12 feet wide) extending Northeasterly Right of Way line of assign the permit only with the prior from the easterly right of way line of West 25th Street; thence S 30°58'51" written consent of the Director of East 25th Street (66 feet wide) to the E, along the Northeasterly Right of Capital Projects. That the encroach- westerly right of way line of East Way line of West 25th Street, 15.00 ing structure permitted by this ordi- 26th Street (66 feet wide). nance shall conform to plans and Legal Description approved by feet to a point; thence S 59°01'09" W, specifications approved by the Man- Greg Esber, Section Chief, Plats, Sur- 82.50 feet to the Principal Place of ager of Engineering and Construc- veys and House Numbering Section. beginning, containing 1237.50 square tion. That Permittee shall obtain all Section 2. That there is reserved to feet of land; bearings are assumed other required permits, including but the City of Cleveland an easement of (that West 25th Street bears N not limited to Building Permits, full width as described above for the 30°58'51" W) and depict angular mea- before installing the Illuminating Company and surement only; according to the sur- encroachment(s). SBC/AT&T. vey completed by Carl P. Gulla, Jr., Section 3. That the Director of Law That no structures shall be erected PE, PS of Cuyahoga Engineering & shall prepare the permit authorized on the premises described in this ease- Surveying Services in February, 2011, by this ordinance and shall incorpo- ment except those constructed under be the same more or less but subject rate such additional provisions as the the approval of, and in compliance to all legal highways. director determines necessary to pro- with, plans approved by the Illumi- Legal Description approved by tect and benefit the public interest. nating Company, SBC/AT&T and the Greg Esber, Section Chief, Plats, Sur- The permit shall be issued only when, City of Cleveland. veys and House Numbering Section. in the opinion of the Director of Law, Section 3. That provided all Section 2. That Permittee may Permittee has properly indemnified required approvals have been assign the permit only with the prior the City against any loss that may obtained, the Manager of Engineer- written consent of the Director of result from the encroachment(s) per- ing and Construction is directed to Capital Projects. That the encroach- mitted. record the vacation plat in the office ing structure(s) permitted by this Section 4. That the permit shall of the Recorder of Cuyahoga County. ordinance shall conform to plans and reserve to the City reasonable right of Section 4. That the Clerk of Council specifications approved by the Man- entry to the encroachment is directed to transmit a copy of this ager of Engineering and Construc- location(s). ordinance to the Auditor of Cuyahoga tion. That Permittee shall obtain all Section 5. That this ordinance is County. other required permits, including but declared to be an emergency measure Section 5. That this ordinance is not limited to Building Permits, and, provided it receives the affirma- declared to be an emergency measure before installing the tive vote of two-thirds of all the mem- and, provided it receives the affirma- encroachment(s). bers elected to Council, it shall take tive vote of two-thirds of all the mem- Section 3. That the Director of Law effect and be in force immediately bers elected to Council, it shall take shall prepare the permit authorized upon its passage and approval by the effect and be in force immediately by this ordinance and shall incorpo- Mayor; otherwise it shall take effect upon its passage and approval by the rate such additional provisions as the and be in force from and after the ear- Mayor; otherwise it shall take effect director determines necessary to pro- liest period allowed by law. and be in force from and after the ear- tect and benefit the public interest. Passed May 16, 2011. liest period allowed by law. The permit shall be issued only when, Effective May 20, 2011. Passed May 16, 2011. in the opinion of the Director of Law, Effective May 20, 2011. Permittee has properly indemnified the City against any loss that may result from the encroachment(s) per- Ord. No. 408-11. mitted. By Council Members Cimperman, Ord. No. 447-11. Section 4. That the permit shall Miller, Cleveland and Sweeney (By By Council Members Cimperman, reserve to the City reasonable right of Request). Miller, Cleveland and Sweeney (by entry to the encroachment An emergency ordinance to vacate departmental request). location(s). a portion of Perry Court N.E. (12 feet An emergency ordinance authoriz- Section 5. That this ordinance is wide). ing the Director of Capital Projects to declared to be an emergency measure 884 May 25, 2011 The City Record 37 and, provided it receives the affirma- itating, renovating, replacing or oth- and 4 of this ordinance by the direct tive vote of two-thirds of all the mem- erwise improving parks and play- employment of the necessary labor, bers elected to Council, it shall take grounds on City-owned and City- and the purchase or rental of the nec- effect and be in force immediately leased park property, including all essary supplies and materials for the upon its passage and approval by the site improvements and appurtenances making of the improvement, which Mayor; otherwise it shall take effect necessary and incidental, for the supplies and materials are not cov- and be in force from and after the ear- Department of Public Works, by one ered by the contract or contacts autho- liest period allowed by law. or more contracts duly let to the low- rized by Section 5 of this ordinance, Passed May 16, 2011. est responsible bidder or bidders after with a separate accounting as to each Effective May 20, 2011. competitive bidding on a unit basis improvement made. for the improvement. Section 8. That the Director of Pub- Section 4. That, provided the City of lic Works is authorized to apply and Cleveland sells the general obligation pay for permits, licenses, or other Ord. No. 452-11. bonds authorized by Ordinance No. authorizations required by any regu- By Council Members K. Johnson, 129-11, passed February 14, 2011, the latory agency or public authority to Cleveland and Sweeney (by depart- Director of Public Works is autho- permit performance of the work mental request). rized to enter into one or more con- authorized by this ordinance. An emergency ordinance determin- tracts for the making of the public Section 9. That under Section 108(b) ing the method of making the public improvement with the lowest respon- of the Charter, the purchases autho- improvement of constructing, rehabil- sible bidder after competitive bidding rized by this ordinance may be made itating, renovating, replacing or oth- on a unit basis for the improvement, through cooperative agreements with erwise improving recreation facili- provided, however, that each separate other governmental agencies. The ties, buildings, and other similar trade and each distinct component Director of Public Works may sign all structures, and parks and play- part of the improvement may be treat- grounds, on City-owned and City- documents that are necessary to ed as a separate improvement, and make the purchases, and may enter leased park property, including site each, or any combination, of the improvements and appurtenances; into one or more contracts with the trades or components may be the sub- vendors selected through that cooper- authorizing the Director of Public ject of a separate contract on a unit ative process. Works to enter into one or more con- basis. Section 10. That the cost of any tracts for the making of the improve- Section 5. That, provided the City of expenditure authorized by this ordi- ments; to employ one or more archi- Cleveland sells the general obligation nance shall be paid from the fund or tectural, landscape architectural or bonds authorized by Ordinance No. funds which are credited the proceeds engineering firms and other consul- 129-11, passed February 14, 2011, the of the sale of general obligation tants necessary to provide profession- Director of Public Works is autho- bonds authorized by Ordinance No. al services relating to the improve- rized to make one or more written 129-11, passed February 14, 2011, if the ment; and authorizing the Director to contracts under the Charter and the City sells such bonds and Fund Nos. 20 enter into one or more contracts for Codified Ordinances of Cleveland, the making of the improvement to SF 377, 20 SF 382, 20 SF 392, 20 SF 501, Ohio, 1976, for each or all of the items parks and to proceed with the 20 SF 504, 20 SF 508, 20 SF 516, 20 SF comprising the necessary supplies improvement to recreation facilities 523, 20 SF 535, 20 SF 640, 10 SF 039, and and materials for the improvement, not otherwise improved by the direct any other funds appropriated for this including the rental of necessary employment of the necessary labor, purpose with the approval of the equipment to be purchased by the for the Department of Public Works. Commissioner of Purchases and Sup- Director of Finance. Whereas, this ordinance constitutes plies on a unit basis for the Depart- Section 11. That this ordinance is an emergency measure providing for ment of Public Works. declared to be an emergency measure the usual daily operation of a munici- Section 6. That, provided the City of and, provided it receives the affirma- pal department; now, therefore, Cleveland sells general obligation tive vote of two-thirds of all the mem- Be it ordained by the Council of the bonds authorized by Ordinance No. bers elected to Council, it shall take City of Cleveland: effect and be in force immediately Section 1. That under Section 167 of 129-11, passed February 14, 2011, the Director of Public Works is autho- upon its passage and approval by the the Charter of the City of Cleveland, it Mayor; otherwise it shall take effect is determined to make the public rized to employ by contract one or more architects, landscape architects and be in force from and after the ear- improvement of constructing, rehabil- liest period allowed by law. itating, renovating, replacing or oth- and engineers, or one or more firms of architects, landscape architects and Passed May 16, 2011. erwise improving recreation facili- Effective May 20, 2011. ties, buildings, and other similar engineers, necessary to implement structures on City-owned and City- the public improvements authorized leased park property, including all in this ordinance. The selection of the consultants for the services shall be site improvements and appurtenances Ord. No. 453-11. necessary and incidental, for the made by the Board of Control on the nomination of the Director of Public By Council Members K. Johnson, Department of Public Works, by one Cleveland and Sweeney (by depart- or more contracts duly let to the low- Works from a list of qualified consul- mental request). est responsible bidder or bidders after tants available for the employment as An emergency ordinance determin- competitive bidding for a gross price may be determined after a full and ing the method of making the public for the improvement. complete canvass by the Director of improvement of constructing, rehabil- Section 2. That, provided the City of Public Works for the purpose of com- itating, renovating, replacing or oth- Cleveland sells the general obligation piling the list. The compensation to erwise improving public facilities, bonds authorized by Ordinance No. be paid for the services shall be fixed 129-11, passed February 14, 2011, the by the Board of Control. The contract buildings, and other similar struc- Director of Public Works is autho- or contracts authorized shall be pre- tures, including site improvements rized to enter into one or more con- pared by the Director of Law, and appurtenances; authorizing the tracts for the making of the public approved by the Director of Public Director of Public Works to enter into improvement with the lowest respon- Works and certified by the Director of one or more contracts for the making sible bidder after competitive bidding Finance. of the improvements; to employ one or for a gross price for the improvement, Section 7. That, provided the City of more architectural, landscape archi- provided, however, that each separate Cleveland sells the general obligation tectural or engineering firms and trade and each distinct component bonds authorized by Ordinance No. other consultants necessary to pro- part of the improvement may be treat- 129-11, passed February 14, 2011, vide professional services relating to ed as a separate improvement, and under Section 167 of the Charter of the the improvement; and authorizing the each, or any combination, of the City of Cleveland, it is determined to Director to enter into one or more con- trades or components may be the sub- make the public improvement of contracts for the making of the improve- ject of a separate contract for a gross structing, rehabilitating, renovating, ment to public facilities not otherwise price. On request of the director the replacing or otherwise improving improved by the direct employment of contractor shall furnish a correct recreation facilities, buildings, and the necessary labor, for the Depart- schedule of unit prices, including other similar structures, and parks ment of Public Works. profit and overhead, for all items con- and playgrounds, on City-owned and Whereas, this ordinance constitutes stituting units of the improvement. City-leased park property including an emergency measure providing for Section 3. That under Section 167 of all site improvements and appurte- the usual daily operation of a munici- the Charter of the City of Cleveland, it nances necessary and incidental, pal department; now, therefore, is determined to make the public which are not covered by the contract Be it ordained by the Council of the improvement of constructing, rehabil- or contracts authorized by Sections 2 City of Cleveland: 885 38 The City Record May 25, 2011

Section 1. That under Section 167 of more architects, landscape architects Ord. No. 454-11. the Charter of the City of Cleveland, it and engineers, or one or more firms of By Council Members K. Johnson, is determined to make the public architects, landscape architects and Cleveland and Sweeney (by depart- improvement of constructing, rehabil- engineers, necessary to implement mental request). itating, renovating, replacing or oth- the public improvements authorized An emergency ordinance determin- erwise improving public facilities, in this ordinance. The selection of the ing the method of making the public buildings, and other similar struc- consultants for the services shall be improvement of constructing, recon- tures, including all site improvements made by the Board of Control on the structing, and rehabilitating ceme- and appurtenances necessary and nomination of the Director of Public tery facilities, buildings, structures incidental, for the Department of Pub- Works from a list of qualified consul- and grounds; and authorizing the lic Works, by one or more contracts tants available for the employment as Director of Public Works to enter into duly let to the lowest responsible bid- may be determined after a full and one or more public improvement con- der or bidders after competitive bid- complete canvass by the Director of tracts for the making of the improve- ding for a gross price for the improve- Public Works for the purpose of com- ment. Whereas, this ordinance constitutes ment. piling the list. The compensation to an emergency measure providing for Section 2. That, provided the City of be paid for the services shall be fixed the usual daily operation of a munici- Cleveland sells the general obligation by the Board of Control. The contract pal department; now, therefore, bonds authorized by Ordinance No. or contracts authorized shall be prepared by the Director of Law, Be it ordained by the Council of the 136-11, passed February 14, 2011, the City of Cleveland: Director of Public Works is autho- approved by the Director of Public Works and certified by the Director of Section 1. That, under Section 167 of rized to enter into one or more con- the Charter of the City of Cleveland, tracts for the making of the public Finance. Section 7. That, provided the City of this Council determines to make the improvement with the lowest respon- public improvement of constructing, sible bidder after competitive bidding Cleveland sells the general obligation bonds authorized by Ordinance No. reconstructing, and rehabilitating for a gross price for the improvement, cemetery facilities, buildings, struc- 136-11, passed February 14, 2011, provided, however, that each separate tures and grounds, for the Depart- under Section 167 of the Charter of the trade and each distinct component ment of Public Works, by one or more part of the improvement may be treat- City of Cleveland, it is determined to contracts duly let to the lowest ed as a separate improvement, and make the public improvement of con- responsible bidder or bidders after each, or any combination, of the structing, rehabilitating, renovating, competitive bidding on a unit basis trades or components may be the sub- replacing or otherwise improving for the improvement. ject of a separate contract for a gross public facilities, buildings, and other Section 2. That, provided the City of price. On request of the director the similar structures, including all site Cleveland sells the general obligation contractor shall furnish a correct improvements and appurtenances bonds authorized by Ordinance No. schedule of unit prices, including necessary and incidental, which are 128-11, passed February 14, 2011, the profit and overhead, for all items con- not covered by the contract or con- Director of Public Works is autho- stituting units of the improvement. tracts authorized by Sections 2 and 4 rized to enter into one or more con- Section 3. That under Section 167 of of this ordinance by the direct tracts for the making of the public the Charter of the City of Cleveland, it employment of the necessary labor, improvement with the lowest respon- is determined to make the public and the purchase or rental of the nec- sible bidder or bidders after competi- improvement of constructing, rehabil- essary supplies and materials for the tive bidding on a unit basis for the itating, renovating, replacing or oth- making of the improvement, which improvement, provided, however, that erwise improving a skatepark, supplies and materials are not cov- each separate trade and each distinct including all site improvements and ered by the contract or contacts autho- component part of the improvement may be treated as a separate improve- appurtenances necessary and inciden- rized by Section 5 of this ordinance, ment, and each, or any combination, tal, for the Department of Public with a separate accounting as to each of the trades or components may be Works, by one or more contracts duly improvement made. let to the lowest responsible bidder or the subject of a separate contract on a Section 8. That the Director of Pub- unit basis. bidders after competitive bidding on lic Works is authorized to apply and Section 3. That the Director of Pub- a unit basis for the improvement. pay for permits, licenses, or other lic Works is authorized to apply and Section 4. That, provided the City of authorizations required by any regu- pay for permits, licenses, or other Cleveland sells the general obligation latory agency or public authority to authorizations required by any regu- bonds authorized by Ordinance No. permit performance of the work latory agency or public authority to 136-11, passed February 14, 2011, the authorized by this ordinance. permit performance of the work Director of Public Works is autho- Section 9. That under Section 108(b) authorized by this ordinance. rized to enter into one or more con- of the Charter, the purchases autho- Section 4. That the cost of any tracts for the making of the public rized by this ordinance may be made expenditure authorized by this ordi- improvement with the lowest respon- through cooperative agreements with nance shall be paid from the fund or sible bidder after competitive bidding other governmental agencies. The funds which are credited the proceeds on a unit basis for the improvement, Director of Public Works may sign all of the sale of general obligation provided, however, that each separate documents that are necessary to bonds authorized by Ordinance No. trade and each distinct component make the purchases, and may enter 128-11, passed February 14, 2011, if the part of the improvement may be treat- into one or more contracts with the City sells such bonds and Fund Nos. 20 ed as a separate improvement, and vendors selected through that cooper- SF 511, 20 SF 519, and 20 SF 525, and each, or any combination, of the ative process. any other funds appropriated for this trades or components may be the sub- Section 10. That the cost of any purpose with the approval of the ject of a separate contract on a unit expenditure authorized by this ordi- Director of Finance. basis. nance shall be paid from the fund or Section 5. That this ordinance is Section 5. That, provided the City of funds which are credited the proceeds declared to be an emergency measure Cleveland sells the general obligation of the sale of general obligation and, provided it receives the affirma- bonds authorized by Ordinance No. bonds authorized by Ordinance No. tive vote of two-thirds of all the mem- 136-11, passed February 14, 2011, the 136-11, passed February 14, 2011, if the bers elected to Council, it shall take Director of Public Works is autho- City sells such bonds and Fund Nos. 20 effect and be in force immediately rized to make one or more written SF 381, 20 SF 391, 20 SF 503, 20 SF 509, upon its passage and approval by the contracts under the Charter and the 20 SF 517, 20 SF 524, 20 SF 532, and 20 Mayor; otherwise it shall take effect Codified Ordinances of Cleveland, SF 533, and any other funds appropri- and be in force from and after the ear- Ohio, 1976, for each or all of the items ated for this purpose with the liest period allowed by law. comprising the necessary supplies approval of the Director of Finance. Passed May 16, 2011. and materials for the improvement, Section 11. That this ordinance is Effective May 20, 2011. including the rental of necessary declared to be an emergency measure equipment to be purchased by the and, provided it receives the affirma- Commissioner of Purchases and Sup- tive vote of two-thirds of all the mem- plies on a unit basis for the Depart- bers elected to Council, it shall take Ord. No. 457-11. ment of Public Works. effect and be in force immediately By Council Member Cimperman. Section 6. That, provided the City of upon its passage and approval by the An emergency ordinance to repeal Cleveland sells general obligation Mayor; otherwise it shall take effect Section 2 of Ordinance No. 29-10, bonds authorized by Ordinance No. and be in force from and after the ear- passed March 8, 2010, to remove the 136-11, passed February 14, 2011, the liest period allowed by law. expiration date of June 1, 2011 on Sec- Director of Public Works is autho- Passed May 16, 2011. tion 347.02, relating to restrictions on rized to employ by contract one or Effective May 20, 2011. the keeping of farm animals and bees. 886 May 25, 2011 The City Record 39

Whereas, under Ordinance No. 29- Mayor; otherwise it shall take effect security instruments shall be pre- 10, passed March 8, 2010, this Council and be in force from and after the ear- pared and approved by the Director of enacted Section 347.02 of the Codified liest period allowed by law. Law Ordinances of Cleveland, Ohio, 1976, Passed May 16, 2011. Section 5. That the Director of Eco- relating to restrictions on the keeping Effective May 20, 2011. nomic Development is authorized to of farm animals and bees; and deposit the prepayments as follows: Whereas, that ordinance included a $5,000,000 into the Rainy Day Reserve sunset provision which provided for Account Fund No. 11 SF 150; $1,425,000 the Section to expire and be of no fur- Ord. No. 565-11. into the to-be-created New Neighbor- ther force and effect on June 1, 2011; By Council Members Brancatelli hood Development Fund; and the bal- and and Sweeney (by departmental ance into the Department of Econom- Whereas, this Council desires to request). ic Development UDAG Repayment remove the sunset provision which An emergency ordinance authoriz- Fund No. 17 SF 006. will permanently enact Section 347.02 ing the Director of Economic Devel- Section 6. That the Director of Eco- until additional legislation is passed; opment to enter into one or more con- nomic Development shall notify this and tract amendments with various origi- Council within five business days of Whereas, this ordinance constitutes nal UDAG loan recipients which have receipt of any repayments made an emergency measure providing for a scheduled balloon payment during under this ordinance. the usual daily operation of a munici- the loan term to accept discount pre- Section 7. That this ordinance is pal department; now, therefore, payments of their UDAG loans. declared to be an emergency measure Be it ordained by the Council of the Whereas, some current recipients and, provided it receives the affirma- City of Cleveland: of original UDAG loans have tive vote of two-thirds of all the mem- Section 1. That Section 2 of Ordi- requested the opportunity to prepay bers elected to Council, it shall take nance No. 29-10, passed March 8, 2011, their original UDAG loans which effect and be in force immediately is repealed. have a scheduled balloon payment upon its passage and approval by the Section 2. That this ordinance is during the loan term, at its net pre- Mayor; otherwise it shall take effect sent value determined by discount- declared to be an emergency measure and be in force from and after the ear- ing their loans; and and, provided it receives the affirma- liest period allowed by law. Whereas, the discount rate which tive vote of two-thirds of all the mem- Passed May 16, 2011. will be used by the City will be bers elected to Council, it shall take Effective May 20, 2011. 9.75%; and effect and be in force immediately Whereas, this ordinance consti- upon its passage and approval by the tutes an emergency measure provid- Mayor; otherwise it shall take effect ing for the immediate preservation and be in force from and after the ear- of the public peace, property, health, Ord. No. 601-11. liest period allowed by law. and welfare in that its enactment is By Council Members Cimperman, Passed May 16, 2011. a necessary prerequisite to provide Brancatelli and Sweeney (by depart- Effective May 20, 2011. immediate assistance to create and mental request). preserve additional job opportuni- An emergency ordinance giving the ties and to advance and promote Directors of Economic Development commercial and economic develop- and Finance the authority to consent Ord. No. 564-11. ment in the City of Cleveland; now, to the sale of an approximately 525 By Council Members Cimperman, therefore, space parking garage located at 515 Brancatelli and Sweeney (by depart- Whereas, this ordinance consti- Euclid Avenue, as part of the Lower mental request). tutes an emergency measure provid- Euclid Avenue Project, owned by AmFin Real Estate Investments, Inc., An emergency ordinance authorizing for the usual daily operation of formerly known as OSF Properties, ing the Director of Economic Devel- a municipal department; now, there- Inc. opment to enter into an amendment to fore, Whereas, under Ordinance No. Be it ordained by the Council of Contract No. 58287 with 3500 Group, 2247-02, passed December 16, 2002, the City of Cleveland: Ltd. to modify certain terms and con- this Council authorized a Tax Incre- Section 1. That the Director of ditions of the contract. ment Financing (“TIF”) Agreement Economic Development is autho- Whereas, under Ordinance No. between the City and Lower Euclid rized to enter into one or more con- 1025-01, passed June 19, 2001, this Avenue, LLC, dated December 20, tract amendments with various orig- Council authorized the Director of 2002, and a loan agreement between inal UDAG loan recipients which Economic Development to enter into the City and OSF Properties, Inc., have a scheduled balloon payment Contract No. 58287 with 3500 Group, City Contract No. 62681 for the Ltd. to provide economic develop- during the loan term to accept dis- financing of improvements made to ment assistance to partially finance count prepayments of their UDAG construct an approximately 525 loans. A Legislative Summary for the acquisition and renovation of a space parking garage located at 515 this ordinance has been placed in building at 3500 Lorain Avenue, Euclid Avenue as part of the Lower File No. 565-11-A. Cleveland, Ohio; and Euclid Avenue Project; and Section 2. That the Director of Eco- Whereas, under Ordinance No. Whereas, under Bankruptcy Court nomic Development is authorized to 1892-02, passed November 11, 2002, Case No. 09-21328, AmFin Real accept, on behalf of the City, dis- Estate Investments, Inc., formerly this Council authorized an amend- counted prepayments from original ment to the contract to change cer- known as OSF Properties, Inc., shall UDAG loan recipients which have a sell the parking garage to the suc- tain terms and conditions of the scheduled balloon payment during original contract; and cessful bidder; and the loan term, to be paid to the City, in Whereas, the City agrees to the Whereas, additional changes are an amount equal to the net present necessary; and sale on the condition that the suc- value of the loan using a 9.75% dis- cessful bidder assume all obliga- Whereas, this ordinance consti- count rate in full satisfaction of the tutes an emergency measure provid- tions under the TIF Agreement and loans, provided that the original City Contract No. 62681, the loan ing for the usual daily operation of UDAG loan has a scheduled balloon agreement, and any related docu- a municipal department; now, there- payment during the loan term, and ment; and fore, provided that the discounted prepay- Whereas, this ordinance consti- Be it ordained by the Council of ments are received within 90 days of tutes an emergency measure provid- the City of Cleveland: final passage of the ordinance. That ing for the usual daily operation of Section 1. That the Director of the Director of Economic Develop- a municipal department; now, there- Economic Development is autho- ment is authorized to file all papers fore, rized to enter into an amendment to and execute all documents necessary Be it ordained by the Council of Contract No. 58287 with 3500 Group, to receive the funds under the prepay- the City of Cleveland: Ltd. to modify certain terms and ments. Section 1. That the Directors of conditions of the contract as stated Section 3. That the contract amend- Economic Development and Finance in File No. 564-11-A. ments shall be prepared by the Direc- shall have the authority to consent Section 2. That this ordinance is tor of Law. to the sale of an approximately 525 declared to be an emergency measure Section 4. That the Director of Eco- space parking garage located at 515 and, provided it receives the affirma- nomic Development is authorized to Euclid Avenue, as part of the Lower tive vote of two-thirds of all the mem- release any and all collateral taken to Euclid Avenue Project, owned by bers elected to Council, it shall take secure repayments of the loans and to AmFin Real Estate Investments, effect and be in force immediately execute all documents necessary to Inc., formerly known as OSF Prop- upon its passage and approval by the release the collateral. Any release of erties, Inc. release AmFin Real 887 40 The City Record May 25, 2011

Estate Investment, Inc. and to sign tion of the Director of Finance from a Ord. No. 646-11. such other documents as may be rea- list of qualified consultants available By Council Member Zone. sonably requested to cause the for employment as may be determined An emergency ordinance authoriz- assignment. The parking garage after a full and complete canvass by ing the Director of Finance to apply represents the improvements made the Director of Finance for the pur- for and accept a grant from the under Tax Increment Financing pose of compiling a list. The compen- National League of Cities for the Agreement between the City and sation to be paid for the services shall USCIS Citizenship and Integration Lower Euclid Avenue, LLC, dated be fixed by the Board of Control. The National Capacity Building Grant December 20, 2002, and a loan agree- contract or contracts authorized shall Program and to enter into one or more ment between the City and OSF be prepared by the Director of Law, agreements with the National League Properties, Inc., City Contract No. and approved and certified by the of Cities and the Global Cleveland Ini- 62681. The City’s consent to the sale Director of Finance. tiative to implement the program. and the City’s release of AmFin Section 2. That the Director of Whereas, this ordinance consti- Real Estate Investment, Inc. from Finance is authorized to enter into tutes an emergency measure provid- all obligations under that TIF any third-party software license ing for the usual daily operation of Agreement, the referenced loan agreements necessary to effectuate a municipal department; now, there- agreement, and under any related the purposes of this ordinance. fore, document is on the condition that Section 3. That the Director of Be it ordained by the Council of the successful bidder assume all Finance is authorized to make one or the City of Cleveland: obligations under that TIF Agree- more written standard purchase and Section 1. That the Director of ment the loan agreement, and under requirement contracts under the Finance is authorized to apply for any related document. Charter and the Codified Ordinances and accept a grant in the amount of Section 2. That this ordinance is of Cleveland, Ohio, 1976, for the $150,000, from the National League declared to be an emergency measure requirements for the purchase, lease of Cities to conduct the USCIS Citi- and, provided it receives the affirma- for a period up to three years, or lease zenship and Integration National tive vote of two-thirds of all the mem- with option to purchase for a period Capacity Building Grant Program; bers elected to Council, it shall take up to three years, of the necessary that the Director is authorized to effect and be in force immediately items of computer hardware, soft- file all papers and execute all doc- upon its passage and approval by the ware not acquired under Section 1 of uments necessary to receive the Mayor; otherwise it shall take effect this ordinance, and other materials, funds under the grant; and that the and be in force from and after the ear- equipment, supplies, services, mainte- funds are appropriated for the pur- liest period allowed by law. nance, and technical support on items poses described in the summary for Passed May 16, 2011. acquired under this Section, neces- the grant contained in the file Effective May 20, 2011. sary to effectuate the purposes of this described below. ordinance, to be purchased or pro- Section 2. That the summary for the cured by the Commissioner of Pur- grant, File No. 646-11-A, made a part of chases and Supplies on a unit basis this ordinance as if fully rewritten, as Ord. No. 626-11. for the various divisions of City gov- presented to the Finance Committee of this Council at the public hearing By Council Member Sweeney (by ernment. Bids shall be taken in a man- on this legislation, is approved in all departmental request). ner that permits an award to be made respects and shall not be changed An emergency ordinance authoriz- for all items as a single contract, or by without additional legislative author- ing the Director of Finance to employ separate contract for each or any com- ity. one or more professional consultants bination of the items as the Board of Section 3. That the Director of to develop a Citywide work order Control determines. Alternate bids for Finance is authorized to enter into management and inventory manage- a period less than the specified term one or more agreements with the ment system, including acquiring may be taken if desired by the Com- National League of Cities and the software licenses, installing, design- missioner of Purchases and Supplies Global Cleveland Initiative to imple- ing, training, implementing, integrat- until provision is made for the ing, migrating, interfacing, testing, ment the grant as described in the requirements for the entire term. file. maintenance, technical support, and Section 4. That the costs of the other related issues; and authorizing Section 4. That the costs of the con- requirement contract or contracts tract or contracts authorized by this one or more standard purchase and shall be charged against the proper requirement contracts for the pur- ordinance shall be paid from the fund appropriation accounts and the Direc- or funds to which are credited the chase, lease, or lease with option to tor of Finance shall certify the purchase of computer hardware, soft- grant proceeds accepted under this amount of the initial purchase, which ordinance. ware, and other materials, equipment, purchase, together with all later pur- supplies, services, maintenance and Section 5. That this ordinance is chases, shall be made on order of the declared to be an emergency measure technical support, for the various Commissioner of Purchases and Sup- and, provided it receives the affirma- divisions of City government, for a plies under a requisition against the tive vote of two-thirds of all the mem- period up to three years. contract or contracts certified by the bers elected to Council, it shall take Whereas, this ordinance consti- Director of Finance. effect and be in force immediately tutes an emergency measure provid- Section 5. That under Section 108(b) upon its passage and approval by the ing for the usual daily operation of of the Charter, the purchases autho- Mayor; otherwise it shall take effect a municipal department; now, there- rized by this ordinance may be made and be in force from and after the ear- fore, through cooperative arrangements liest period allowed by law. Be it ordained by the Council of with other governmental agencies. Passed May 16, 2011. the City of Cleveland: The Director of Finance may sign all Effective May 20, 2011. Section 1. That the Director of documents that are necessary to Finance is authorized to employ by make the purchases, and may enter contract or contracts one or more into one or more contracts with the consultants or one or more firms of vendors selected through that cooper- Ord. No. 647-11. consultants for the purpose of sup- ative process. By Council Member Sweeney (by plementing the regularly employed Section 6. That the cost of the con- departmental request). staff of the several departments of tract or contracts authorized by this An emergency ordinance authoriz- the City of Cleveland in order to pro- ordinance shall be paid from Fund No. ing and directing the purchase, lease vide professional services necessary 54 SF 001 and from the fund or funds or lease to purchase by requirements to develop a Citywide work order appropriated for this purpose, contract of various types of vehicles management and inventory manage- Request No. RQS 2003, RL 2011-88. and apparatus for various Divisions ment system, including acquiring Section 7. That this ordinance is in the Departments of Public Works software licenses, installing, design- declared to be an emergency measure and Public Safety, among others. ing, training, implementing, inte- and, provided it receives the affirma- Whereas, this ordinance consti- grating, migrating, interfacing, test- tive vote of two-thirds of all the mem- tutes an emergency measure providing, maintenance, technical support, bers elected to Council, it shall take ing for the usual daily operation of for the various divisions of City gov- effect and be in force immediately a municipal department; now, there- ernment, for a period up to three upon its passage and approval by the fore, years. Mayor; otherwise it shall take effect Be it ordained by the Council of The selection of the consultants, and be in force from and after the ear- the City of Cleveland: computer software developers, or ven- liest period allowed by law. Section 1. That the Director of dors for the services shall be made by Passed May 16, 2011. Public Works is hereby authorized the Board of Control on the nomina- Effective May 20, 2011. and directed to make a written 888 May 25, 2011 The City Record 41 requirements contract in accordance priate in order to provide for that Ord. No. 669-11. with the Charter and the Codified lease-purchase arrangement under By Council Members Pruitt and Ordinances of Cleveland, Ohio, 1976, the terms and conditions authorized Sweeney (by departmental request). for the requirements for the period herein and containing such addition- An emergency ordinance approving of one year for the necessary items al terms and conditions as are accept- the collective bargaining agreement of various types of vehicles and able to the Director of Finance and with the Cleveland Fire Fighters, apparatus described in the Vehicle the Director of Law. Those agree- Local 93. List placed in File No. 647-11-A, or ments may include a lease-purchase Whereas, this ordinance consti- such other vehicle or apparatus in agreement, an escrow agreement for tutes an emergency measure provid- substitution thereof as may be the deposit by the lessor of the pur- ing for the usual daily operation of approved by the Directors of Public chase price of the vehicles and appa- a municipal department; now, there- Works and Finance as replacement ratus, acceptance certificates evi- fore, vehicles or apparatus, in the esti- dencing the City’s acceptance of the Be it ordained by the Council of mated sum of $6,585,000, to be pur- vehicles from the vendors, and certifi- the City of Cleveland: chased, leased or leased to purchase cates as to insurance, tax compliance Section 1. That under division (B) by the Commissioner of Purchases and related matters necessary to of Section 4117.10 of the Revised and Supplies upon a unit basis for carry out the transaction. The lease- Code, this Council approves the col- various Divisions in the Depart- purchase arrangement may provide lective bargaining agreement with ments of Public Works and Public that the lease payments are to have a the Cleveland Fire Fighters, Local Safety, among others. Bids shall be principal component and an interest 93, under the terms contained in File taken in such manner as to permit component and that the interest com- No. 669-11-A, for the period from an award to be made for all items ponent is to be excluded from gross April 1, 2010 through March 31, 2013, as a single contract, or by separate income for federal income tax purpos- and which provides, among other contract for each or any combina- es. In that event, the Director of things, for an increase in the tion of said items as the Board of Finance and other City officials, as salaries and wages for members of Control shall determine. Alternate appropriate, are authorized to the bargaining unit under the fol- bids for a period less than a year covenant on behalf of the City that lowing schedule: may be taken if deemed desirable (A) the City will use and will restrict by the Commissioner of Purchases the use of the vehicles and apparatus Increase Approximate Date and Supplies until provision is made leased by the City under the lease-pur- of Increase* for a requirements contract for the chase agreement and will use, and entire year. will restrict the investment of, any 0% April 1, 2010 Section 2. The cost of said contract proceeds of the lease-purchase agree- 0% April 1, 2011 shall be charged against the proper ment in such manner and to such 3% April 1, 2012 appropriation account and the Direc- extent as may be necessary so that tor of Finance shall certify thereon the lease-purchase agreement will * Wage increases shall be effective as the amount of the initial purchase or not constitute a private activity bond, follows: procurement thereunder, which pur- an arbitrage bond or a hedge bond chase or procurement, together with under the Internal Revenue Code of (a) If April 1st falls in the first all subsequent purchases or procure- 1986, as amended (the “Code”), or be week of a pay period, then the wage ments, shall be made on order of the treated other than as an obligation to increase shall be effective commenc- Commissioner of Purchases and Sup- which Section 103(a) of the Code ing at the beginning of that pay peri- plies pursuant to a requisition applies, and (B) the City will take or od; or against such contract duly certified cause to be taken such actions that (b) If April 1st falls in the second by the Director of Finance. may be required of it for the interest week of a pay period, then the wage Section 3. That the City may enter component of the lease payments to increase shall be effective commenc- into a lease-purchase arrangement be and to remain excluded from gross ing at the beginning of the next pay for the vehicles and apparatus with a income for federal income tax purpos- period. bank, leasing company or any other es and the City will not take or autho- Section 2. That this ordinance is organization that is not the manufac- rize to be taken any actions that declared to be an emergency measure turer or vendor of the vehicles or would adversely affect that exclu- and, provided it receives the affirma- apparatus that submitted a bid for the sion. In the event that the City enters tive vote of two-thirds of all the mem- sale, lease or lease to purchase into such a lease-purchase arrange- bers elected to Council, it shall take described in Section 1 of this ordi- ment, the Director of Public Works effect and be in force immediately nance, provided that: (I) the Director may assign to the lessor under the upon its passage and approval by the of Finance determines that it is in the lease-purchase arrangement, or the Mayor; otherwise it shall take effect best interest of the City to enter into lessor’s designee, the rights of the and be in force from and after the ear- that lease-purchase arrangement, City under the contracts for purchase liest period allowed by law. (II) the maximum term of any lease- of the vehicles and apparatus autho- Passed May 16, 2011. purchase arrangement does not rized in Section 1 of this ordinance. Effective May 20, 2011. exceed ten (10) years, (III) the aggre- The Director of Law, Clerk of Council gate principal obligation of the City and other appropriate officials of the under the lease-purchase arrange- City are authorized to sign and deliv- ment does not exceed $6,800,000, (IV) er any documents, certificates and Ord. No. 670-11. if the lease-purchase arrangement other instruments as the Director of By Council Members Pruitt and provides that the lease payments are Law determines are necessary and Sweeney (by departmental request). to have a principal component and an appropriate to carry out the transac- An emergency ordinance approving interest component, the maximum tions authorized by this ordinance. the collective bargaining agreement interest rate for the interest compo- Section 4. That it is hereby found with the Cleveland Police Patrol- nent does not exceed seven percent and determined that all formal men’s Association (Civilian). (7%) per annum, (V) the obligations actions of this Council concerning Whereas, this ordinance consti- of the City under that lease-purchase and relating to the passage of this tutes an emergency measure provid- arrangement for fiscal years begin- Ordinance where adopted in open ing for the usual daily operation of ning after December 31, 2011 are sub- meetings of this Council, and any of a municipal department; now, there- ject to annual appropriations being its committees that resulted in such fore, made by the City sufficient to pay the formal action were in meetings open Be it ordained by the Council of lease payments and to meet the other to the public in compliance with the the City of Cleveland: obligations of the City under that law. Section 1. That under division (B) lease-purchase arrangement in each Section 5. That this ordinance is of Section 4117.10 of the Revised of these fiscal years, and (VI) the hereby declared to be an emergency Code, this Council approves the col- obligations of the City thereunder for measure and, provided it receives the lective bargaining agreement with the current fiscal year do not exceed affirmative vote of two-thirds of all the Cleveland Police Patrolmen’s $250,000, which amount is hereby the members elected to Council, it Association (Civilian), under the appropriated for that purpose. The shall take effect and be in force imme- terms contained in File No. 670-11-A, Director of Finance is authorized and diately upon its passage and approval for the period from April 1, 2010 directed to sign and deliver, for and by the Mayor; otherwise it shall take through March 31, 2013, and which on behalf of the City and in the Direc- effect and be in force from and after provides, among other things, for an tor’s official capacity, such written the earliest period allowed by law. increase in the salaries and wages agreements, certificates and instru- Passed May 16, 2011. for members of the bargaining unit ments as may be necessary or appro- Effective May 20, 2011. under the following schedule: 889 42 The City Record May 25, 2011

Increase Approximate Date Mayor; otherwise it shall take effect March 31, 2013, and which provides, of Increase* and be in force from and after the ear- among other things, for an increase liest period allowed by law. in the salaries and wages for mem- 0% April 1, 2010 Passed May 16, 2011. bers of the bargaining unit under 0% April 1, 2011 Effective May 20, 2011. the following schedule: 3% April 1, 2012 Increase Approximate Date * Wage increases shall be effective as of Increase* follows: Ord. No. 672-11. By Council Members Pruitt and 0% April 1, 2010 (a) If April 1st falls in the first Sweeney (by departmental request). 0% April 1, 2011 week of a pay period, then the wage An emergency ordinance approving 3% April 1, 2012 increase shall be effective commenc- the collective bargaining agreement ing at the beginning of that pay peri- with the Longshoreman Association, * Wage increases shall be effective as od; or Local 1317. follows: (b) If April 1st falls in the second Whereas, this ordinance consti- week of a pay period, then the wage tutes an emergency measure provid- (a) If April 1st falls in the first increase shall be effective commencing for the usual daily operation of week of a pay period, then the wage ing at the beginning of the next pay a municipal department; now, there- increase shall be effective commenc- period. fore, ing at the beginning of that pay peri- Section 2. That this ordinance is Be it ordained by the Council of od; or declared to be an emergency measure the City of Cleveland: (b) If April 1st falls in the second and, provided it receives the affirma- Section 1. That under division (B) week of a pay period, then the wage tive vote of two-thirds of all the mem- of Section 4117.10 of the Revised increase shall be effective commenc- bers elected to Council, it shall take Code, this Council approves the col- ing at the beginning of the next pay effect and be in force immediately lective bargaining agreement with period. upon its passage and approval by the the Longshoreman Association, Section 2. That this ordinance is Mayor; otherwise it shall take effect Local 1317, under the terms con- declared to be an emergency measure and be in force from and after the ear- tained in File No. 672-11-A, for the and, provided it receives the affirma- liest period allowed by law. period from April 1, 2010 through tive vote of two-thirds of all the mem- Passed May 16, 2011. March 31, 2013, and which provides, bers elected to Council, it shall take Effective May 20, 2011. among other things, for an increase effect and be in force immediately in the salaries and wages for mem- upon its passage and approval by the bers of the bargaining unit under Mayor; otherwise it shall take effect the following schedule: and be in force from and after the ear- Ord. No. 671-11. liest period allowed by law. By Council Members Pruitt and Increase Approximate Date Passed May 16, 2011. Sweeney (by departmental request). of Increase* Effective May 20, 2011. An emergency ordinance approving the collective bargaining agreement 0% April 1, 2010 with the International Union of Oper- 0% April 1, 2011 ating Engineers (IUOE), Local 10. 3% April 1, 2012 Ord. No. 674-11. Whereas, this ordinance consti- By Council Members Pruitt and tutes an emergency measure provid- * Wage increases shall be effective as Sweeney (by departmental request). ing for the usual daily operation of follows: An emergency ordinance approving a municipal department; now, there- the collective bargaining agreement fore, (a) If April 1st falls in the first with the Ohio Patrolmen’s Benevolent Be it ordained by the Council of week of a pay period, then the wage Association – Utilities – Security Offi- the City of Cleveland: increase shall be effective commenc- cers. Section 1. That under division (B) ing at the beginning of that pay peri- Whereas, this ordinance consti- of Section 4117.10 of the Revised od; or tutes an emergency measure provid- Code, this Council approves the col- (b) If April 1st falls in the second ing for the usual daily operation of lective bargaining agreement with week of a pay period, then the wage a municipal department; now, there- the International Union of Operating increase shall be effective commenc- fore, Engineers (IUOE), Local 10, under ing at the beginning of the next pay Be it ordained by the Council of the terms contained in File No. 671- period. the City of Cleveland: 11-A, for the period from April 1, Section 2. That this ordinance is Section 1. That under division (B) 2010 through March 31, 2013, and declared to be an emergency measure of Section 4117.10 of the Revised which provides, among other things, and, provided it receives the affirma- Code, this Council approves the col- for an increase in the salaries and tive vote of two-thirds of all the mem- lective bargaining agreement with wages for members of the bargain- bers elected to Council, it shall take the Ohio Patrolmen’s Benevolent ing unit under the following sched- effect and be in force immediately Association – Utilities – Security ule: upon its passage and approval by the Officers, under the terms contained Mayor; otherwise it shall take effect in File No. 674-11-A, for the period Increase Approximate Date and be in force from and after the ear- from April 1, 2010 through March 31, of Increase* liest period allowed by law. 2013, and which provides, among Passed May 16, 2011. other things, for an increase in the 0% April 1, 2010 Effective May 20, 2011. salaries and wages for members of 0% April 1, 2011 the bargaining unit under the fol- 3% April 1, 2012 lowing schedule:

* Wage increases shall be effective as Ord. No. 673-11. Increase Approximate Date follows: By Council Members Pruitt and of Increase* Sweeney (by departmental request). (a) If April 1st falls in the first An emergency ordinance approving 0% April 1, 2010 week of a pay period, then the wage the collective bargaining agreement 0% April 1, 2011 increase shall be effective commenc- with Local 27. 3% April 1, 2012 ing at the beginning of that pay peri- Whereas, this ordinance consti- od; or tutes an emergency measure provid- * Wage increases shall be effective as (b) If April 1st falls in the second ing for the usual daily operation of follows: week of a pay period, then the wage a municipal department; now, there- increase shall be effective commenc- fore, (a) If April 1st falls in the first ing at the beginning of the next pay Be it ordained by the Council of week of a pay period, then the wage period. the City of Cleveland: increase shall be effective commenc- Section 2. That this ordinance is Section 1. That under division (B) ing at the beginning of that pay peri- declared to be an emergency measure of Section 4117.10 of the Revised od; or and, provided it receives the affirma- Code, this Council approves the col- (b) If April 1st falls in the second tive vote of two-thirds of all the mem- lective bargaining agreement with week of a pay period, then the wage bers elected to Council, it shall take the Local 27, under the terms con- increase shall be effective commenc- effect and be in force immediately tained in File No. 673-11-A, for the ing at the beginning of the next pay upon its passage and approval by the period from April 1, 2010 through period. 890 May 25, 2011 The City Record 43

Section 2. That this ordinance is banners at Broadway Avenue (No. ner shall be approved by the Direc- declared to be an emergency measure Side 2PW of East 65th and Broadway tor of Public Service, in consultation and, provided it receives the affirma- So. Side 3PW of 65th) for the period with the Director of Public Safety, tive vote of two-thirds of all the mem- from May 23, 2011 to June 22, 2011, as to type, method of affixing and bers elected to Council, it shall take inclusive, publicizing the Broadway location so as not to interfere with effect and be in force immediately Farmer’s Market. any sign erected and maintained upon its passage and approval by the Whereas, this ordinance consti- under the requirements of law or Mayor; otherwise it shall take effect tutes an emergency measure provid- ordinance. The permission of the and be in force from and after the ear- ing for the usual daily operation of owner of any pole from which a ban- liest period allowed by law. a municipal department; now, there- ner will be hung must be obtained Passed May 16, 2011. fore, prior to issuance of the permit. No Effective May 20, 2011. Be it ordained by the Council of commercial advertising shall be the City of Cleveland: printed or permitted on said banner Section 1. That notwithstanding and said banner shall be removed the provision of Section 623.13 of the promptly upon the expiration of said Ord. No. 713-11. Codified Ordinances, of Cleveland, permit. By Council Member Brady. Ohio, 1976, the Director of the Section 2. That this ordinance is An emergency ordinance authoriz- Department of Public Service is hereby declared to be an emergency ing and directing the director of Pub- hereby authorized and directed to measure and, provided it receives the lic Service to issue a permit to the issue a permit to the Slavic Village affirmative vote of two-thirds of all West 117th Merchant Association to Development to install, maintain the members elected to Council, it stretch banners at West 117th (west- and remove banners at Broadway shall take effect and be in force imme- side); 3384 W. 117; Governor & W. Avenue (No. Side 2PW of East 65th diately upon its passage and approval 117th; 3474 W. 117th; W. 117th & Lin- and Broadway So. Side 3PW of 65th) by the Mayor; otherwise, it shall take net; Dairyland Ice Cream Shop; Milan for the period from May 23, 2011 to effect and be in force from and after & W. 117th; 3726 W. 117th; and 3782 W. June 22, 2011, inclusive. Said banner the earliest period allowed by law. 117th; for the period of time from July shall be approved by the Director of Passed May 16, 2011. 11, 2011 to August 10, 2011, inclusive, Public Service, in consultation with Effective May 20, 2011. publicizing the Summer Concert at the Director of Public Safety, as to Halloran Gazebo. type, method of affixing and loca- Whereas, this ordinance consti- tion so as not to interfere with any tutes an emergency measure provid- sign erected and maintained under Ord. No. 716-11. ing for the usual daily operation of the requirements of law or ordi- By Council Member Conwell. a municipal department; now, there- nance. The permission of the owner An emergency ordinance to add the fore, of any pole from which a banner name Farinacci Court as a secondary Be it ordained by the Council of will be hung must be obtained prior name to Fairview Court and to repeal the City of Cleveland: to issuance of the permit. No com- Ordinance No. 1050-10 passed August Section 1. That notwithstanding mercial advertising shall be printed 18, 2010. the provision of Section 623.13 of the or permitted on said banner and Whereas, this ordinance consti- Codified Ordinances of Cleveland, said banner shall be removed tutes an emergency measure provid- Ohio, 1976, the Director of Public promptly upon the expiration of said ing for the usual daily operation of Service is hereby authorized and permit. a municipal department; now, there- directed to issue a permit to the Section 2. That this ordinance is fore, West 117th Merchant Association, to hereby declared to be an emergency Be it ordained by the Council of install, maintain and remove ban- measure and, provided it receives the the City of Cleveland: ners at West 117th (westside); 3384 affirmative vote of two-thirds of all Section 1. That, notwithstanding W. 117; Governor & W. 117th; 3474 the members elected to Council, it and as an exception to the Codified W. 117th; W. 117th & Linnet; Dairy- shall take effect and be in force imme- Ordinances of the City of Cleveland, land Ice Cream Shop; Milan & W. diately upon its passage and approval 1976, the name “Farinacci Court” 117th; 3726 W. 117th; and 3782 W. by the Mayor; otherwise, it shall take shall be added as a secondary name 117th; for the period of time from effect and be in force from and after to Fairview Court. July 11, 2011 to August 10, 2011, the earliest period allowed by law. Section 2. That Ordinance No. 1050- inclusive, publicizing the Summer Passed May 16, 2011. 10 passed August 18, 2010 is hereby Concert at Halloran Gazebo, for the Effective May 20, 2011. repealed. period from July 11, 2011 to August Section 3. That this ordinance is 10, 2011, inclusive. Said banners hereby declared to be an emergency shall be approved by the Director of measure and, provided it receives the Public Safety, as to type, method of Ord. No. 715-11. affirmative vote of two-thirds of all affixing and location so as to not By Council Member Zone. the members elected to Council, it interfere with any sign erected and An emergency ordinance authoriz- shall take effect and be in force imme- maintained under the requirements ing and directing the Director of Pub- diately upon its passage and approval of law or ordinance. The permission lic Service to issue a permit to the by the Mayor; otherwise it shall take of the owner of any pole from which Detroit Shoreway Community Devel- effect and be in force from and after a banner will be hung must be opment Organization to stretch a ban- the earliest period allowed by law. obtained prior to issuance of the ner across West 65th Street south of Passed May 16, 2011. permit. No commercial advertising Detroit Avenue and north of Franklin Effective May 20, 2011. shall be printed or permitted on said Boulevard, for the period from August banner and said banners shall be 15, 2011 to September 14, 2011, inclu- removed promptly upon the expira- sive, publicizing the Gordon Square tion of said permit. Farmers’ Market. Ord. No. 717-11. Section 2. That this ordinance is Whereas, this ordinance consti- By Council Member Dow. hereby declared to be an emergency tutes an emergency measure provid- An emergency ordinance authoriz- measure and, provided it received the ing for the usual daily operation of ing the Director of the Department of affirmative vote of two-thirds of all a municipal department; now, there- Public Safety to enter into an agree- the members elected to Council, it fore, ment with Ziva Community Connec- shall take effect and be in force imme- Be it ordained by the Council of tions, Inc. for the Safe Neighborhood diately upon its passage and approval the City of Cleveland: Initiative Project through the use of by the Mayor; otherwise, it shall take Section 1. That notwithstanding Ward 7 Neighborhood Equity Funds. effect and be in force from and after the provision of Section 623.13 of the Whereas, this ordinance consti- the earliest period allowed by law. Codified Ordinances, of Cleveland, tutes an emergency measure provid- Passed May 16, 2011. Ohio, 1976, the Director of the ing for the usual daily operation of Effective May 20, 2011. Department of Public Service is a municipal department; now, there- hereby authorized and directed to fore, issue a permit to the Detroit Shore- Be it ordained by the Council of way Community Development Orga- the City of Cleveland: Ord. No. 714-11. nization to install, maintain and Section 1. That the Director of the By Council Member Brancatelli. remove a banner across West 65th Department of Public Safety be An emergency ordinance authoriz- Street south of Detroit Avenue and authorized to enter into an agreeing and directing the Director of Pub- north of Franklin Boulevard for the ment with Ziva Community Connec- lic Service to issue a permit to the period from August 15, 2011 to Sep- tions, Inc. for the for the Safe Neigh- Slavic Village Development to stretch tember 14, 2011, inclusive. Said ban- borhood Initiative Project for the 891 44 The City Record May 25, 2011 public purpose of educating city res- in regards to handling and address- Johnson, Vice Chair; Cimperman. idents on understanding the process ing vacant nuisance properties in Pro tempore: Kelley, Pruitt. of addressing complaints regarding Cleveland neighborhoods and under- Present in Finance: Sweeney, those neighborhood liquor establish- standing the process of addressing Chair; Kelley, Vice Chair; Brady, ments that violate the State liquor such complaints with the city of Brancatelli, Cleveland, Keane, code, and how to process such com- Cleveland as it pertains to such Miller, Mitchell, Polensek, Pruitt, plaints through the use of Ward 7 properties as well as providing a Westbrook. Neighborhood Equity Funds. database of vacant properties that Section 2. That the cost of said con- are in the city through the use of 2:00 p.m. tract shall be in an amount not to Ward 7 Neighborhood Equity Funds. exceed $21,910 and shall be paid from Section 2. That the cost of said con- Finance Committee: Present: Fund No. 10 SF 166. tract shall be in an amount not to Sweeney, Chair; Kelley, Vice Chair; Section 3. That the Director of Law exceed $31,910 and shall be paid from Brady, Brancatelli, Cleveland, shall prepare and approve said con- Fund No. 10 SF 166. Keane, Miller, Mitchell, Polensek, tract and that the contract shall con- Section 3. That the Director of Law Pruitt, Westbrook. tain such terms and provisions as he shall prepare and approve said con- Tuesday, May 24, 2011 deems necessary to protect the City’s tract and that the contract shall con- 9:30 a.m. interest. tain such terms and provisions as he Section 4. That this ordinance is deems necessary to protect the City’s Community and Economic Devel- hereby declared to be an emergency interest. opment Committee: Present: Bran- measure and, provided it receives the Section 4. That this ordinance is affirmative vote of two-thirds of all catelli, Chair; Dow, Vice Chair, Cum- hereby declared to be an emergency mins, J. Johnson, Miller, Pruitt, the members elected to Council, it measure and, provided it receives the shall take effect and be in force imme- Westbrook, Zone. Authorized affirmative vote of two-thirds of all Absence: Cimperman. diately upon its passage and approval the members elected to Council, it by the Mayor; otherwise it shall take shall take effect and be in force imme- effect and be in force from and after Wednesday, May 25, 2011 diately upon its passage and approval 10:00 a.m. the earliest period allowed by law. by the Mayor; otherwise it shall take Passed May 16, 2011. effect and be in force from and after Aviation and Transportation Com- Effective May 20, 2011. the earliest period allowed by law. mittee: Passed May 16, 2011. Present: Keane, Chair; Pruitt, Vice Effective May 20, 2011. Chair; J. Johnson, Kelley. Autho- rized Absence: Cummins, K. John- Ord. No. 718-11. son, Mitchell. By Council Member Dow. COUNCIL COMMITTEE An emergency ordinance authoriz- 1:00 p.m. ing the Director of the Department of MEETINGS Building and Housing to enter into an City Planning (Zoning) Commit- agreement with Ziva Community Con- tee: Present: Cleveland, Chair; Monday, May 23, 2011 nections, Inc. for the Vacant Proper- Brady, Conwell, Keane, Zone. Autho- 9:00 a.m. ties Initiative Project through the use rized Absence: Dow, Westbrook, of Ward 7 Neighborhood Equity Vice Chair. Funds. City Planning (Zoning) Commit- Whereas, this ordinance consti- tee: Present: Westbrook, Vice Chair; 1:30 p.m. tutes an emergency measure provid- Brady, Conwell, Dow, Keane, Zone. ing for the usual daily operation of Authorized Absence: Cleveland, City Planning Committee: Present: a municipal department; now, there- Chair. Cleveland, Chair; Brady, Conwell, fore, 12:00 p.m. Keane, Zone. Authorized Absence: Be it ordained by the Council of Dow, Westbrook, Vice Chair. the City of Cleveland: Joint/Public Utilities, Legislation Section 1. That the Director of the and Finance Committees: Present in Thursday, May 26, 2011 Department of Building and Hous- Utilities: Kelley, Chair; Brady, Vice 10:00 a.m. ing be authorized to enter into an Chair; Conwell, Cummins, Dow, agreement with Ziva Community Miller, Polensek, Pruitt, Westbrook. Public Safety Committee: Present: Connections, Inc. for the for the Pro tempore: Keane, Sweeney. Conwell, Chair; Polensek, Vice Vacant Properties Initiative Project Present in Legislation: Mitchell, Chair; Brady, Cleveland, Cummins, for the public purpose of educating Chair; Brancatelli, Cleveland, Reed, Dow, Mitchell, Zone. Authorized city residents on how to take action Sweeney. Authorized Absence: K. Absence: Miller.

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

Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Community Development (O 637-11) ...... 869

Agreements

Cleveland Community Access Corporation — management of public access channels (O 765-11) ...... 864 Consent agreement — professional service — Harvard Avenue bridge over Wheeling and Lake Erie Railway Company railroad (O 745-11)...... 852 Detroit Shoreway Community Development Organization — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11)...... 864 Economic Development — with various to accept discounted payments on original UDAG loans with balloon (O 565-11) ...... 887 Economic Development — consent to sale parking garage at 515 Euclid Ave. — (TIF) (O 601-11) ...... 887 892 May 25, 2011 The City Record 45

Famicos Foundation — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 864 Public Works — RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 868 Safety Department — MetroHealth System — Operate EMS base (O 1630-10) ...... 867 Thunder Tech — professional services — City Council website & create a Intranet site (O 743-11) ...... 863 Ziva Community Connections, Inc. — Safe Neighborhood Initiative Project (Ward 07 NEF) (O 717-11) ...... 891 Ziva Community Connections, Inc. — Vacant Properties Initiative Project (Ward 07 NEF) (O 718-11) ...... 892

Appropriations

Administrative expenses — appropriate CDBG funds — Community Development Department (O 633-11) ...... 869 Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 869 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 869 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 869 Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 869 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 869 Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department — Community Development (O 637-11) ...... 869

Banners

Detroit Shoreway Community Development Organization — West 65th St. (south of Detroit Ave. & north of Franklin Blvd.) — Aug. 15 to Sept. 14 — Gordon Square Farmers’ Market (Ward 15) (O 715-11) ...... 891 Halloran Park Summer Concert Club — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (Ward 17) (O 781-11) ...... 865 Slavic Village Development — Broadway Ave. (No. Side 2PW of East 65th and Broadway So. Side 3PW of 65th) — May 23 to June 22 — Broadway Farmer’s Market (Ward 12) (O 714-11) ...... 891 West 117th Merchant Association — W. 117th St. (various location) — July 11th — Aug. 10th — Summer Concert at Halloran Gazebo (Ward 17) (O 713-11) ...... 891

Board of Control — Architecture and Site Development Division

Greenspace at Zone Recreation Center — per Ord. 607-10 to F. Buddie Construction, Ltd. — Dept. of Public Works (BOC Res. 223-11)...... 872

Board of Control — Community Development Department

East 69th Street, 2245 (Ward 5) — PPN 118-22-077 — Desdalena M. Trice per Ord. 1616-10 (BOC Res. 226-11) ...... 873 Euclid Avenue and Cliffview Road (Ward 10) — PPN 117-25-001/016 — Cleveland Municipal School District per Ord. 1464-10 (BOC Res. 225-11) ...... 872 St. Clair Avenue (Ward 8) — PPN 104-10-055 — Ohio Technical College per Ord. 133-11 — amend BOC Res. 180-11 (BOC Res. 224-11) ...... 872

Board of Control — Crown Water Works Plant

Board of Control — Finance Department

Sale of scrap, personal property, and by-products in April 2011 — per BOC Res. 921-52 (BOC Res. 214-11) ...... 870

Board of Control — Land Reutilization Program

Board of Control — Michael Zone Recreation Center

Greenspace — per Ord. 607-10 to F. Buddie Construction, Ltd. — Division of Architecture and Site Development, Dept. of Public Works (BOC Res. 223-11) ...... 872

Board of Control — Police Division

Aviation maintenance — per C.O. Sec. 181.101 to Helicopter Minit-Men, Inc. — Dept. of Public Safety (BOC Res. 221-11) ...... 872

Board of Control — Professional Service Contracts

Computer control system for Plant Computer Control System (PCCS) Phase II Project — modify Contract #65332 per BOC Res. 680-05 — Division of Water, Dept. of Public Utilities (BOC Res. 217-11) ...... 871 Consulting services for Customer Information System / Customer Relations Management System, Phase 3 & 4 — per Ord. 1036-07 to Paul Bender Consulting — Division of Water, Dept. of Public Utilities (BOC Res. 215-11) ...... 870 Consulting services to assess and develop management strategies — per Ord. 138-11 to Black and Veatch Corporation — Division of Water, Dept. of Public Utilities (BOC Res. 216-11) ...... 871

Board of Control — Public Improvement Contracts

Greenspace at Zone Recreation Center — per Ord. 607-10 to F. Buddie Construction, Ltd. — Division of Architecture and Site Development, Dept. of Public Works (BOC Res. 223-11) ...... 872 Lee Road Area Sewer rehabilitation and replacement project — per Ord. 397-09 to United Survey, Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 218-11) ...... 871 Sewer, rehabilitation and relining — per C.O. Sec. 129.292 to Perk Co. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 220-11) ...... 871 West 14th Street Sewer relining project — per Ord. 594-10 to United Survey, Inc. — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 219-11) ...... 871

Board of Control — Public Safety Department

Aviation maintenance — per C.O. Sec. 181.101 to Helicopter Minit-Men, Inc. — Division of Police (BOC Res. 221-11) ...... 872

Board of Control — Public Utilities Department

Computer control system for Plant Computer Control System (PCCS) Phase II Project — modify Contract #65332 per BOC Res. 680-05 — Division of Water (BOC Res. 217-11) ...... 871 Consulting services for Customer Information System / Customer Relations Management System, Phase 3 & 4 — per Ord. 1036-07 to Paul Bender Consulting — Division of Water (BOC Res. 215-11) ...... 870 Consulting services to assess and develop management strategies — per Ord. 138-11 to Black and Veatch Corporation — Division of Water (BOC Res. 216-11) ...... 871 Lee Road Area Sewer rehabilitation and replacement project — per Ord. 397-09 to United Survey, Inc. — Division of Water Pollution Control (BOC Res. 218-11) ...... 871 Sewer, rehabilitation and relining — per C.O. Sec. 129.292 to Perk Co. — Division of Water Pollution Control (BOC Res. 220-11) ...... 871 West 14th Street Sewer relining project — per Ord. 594-10 to United Survey, Inc. — Division of Water Pollution Control (BOC Res. 219-11) ...... 871

Board of Control — Public Works Department

Asphalt concrete — amend BOC Res. 168-11 — Division of Streets (BOC Res. 222-11) ...... 872 Greenspace at Zone Recreation Center — per Ord. 607-10 to F. Buddie Construction, Ltd. — Division of Architecture and Site Development (BOC Res. 223-11)...... 872

Board of Control — Purchases and Supplies Division

Sale of scrap, personal property, and by-products in April 2011 — per BOC Res. 921-52 (BOC Res. 214-11) ...... 870

Board of Control — Requirement Contracts

Asphalt concrete — amend BOC Res. 168-11 — Division of Streets, Dept. of Public Works (BOC Res. 222-11) ...... 872 Aviation maintenance — per C.O. Sec. 181.101 to Helicopter Minit-Men, Inc. — Division of Police, Dept. of Public Safety (BOC Res. 221-11) ...... 872 894 May 25, 2011 The City Record 47

Board of Control — Streets Division

Asphalt concrete — amend BOC Res. 168-11 — Dept. of Public Works (BOC Res. 222-11) ...... 872

Board of Control — Water Division

Computer control system for Plant Computer Control System (PCCS) Phase II Project — modify Contract #65332 per BOC Res. 680-05 — Dept. of Public Utilities (BOC Res. 217-11) ...... 871 Consulting services for Customer Information System / Customer Relations Management System, Phase 3 & 4 — per Ord. 1036-07 to Paul Bender Consulting — Dept. of Public Utilities (BOC Res. 215-11) ...... 870 Consulting services to assess and develop management strategies — per Ord. 138-11 to Black and Veatch Corporation — Dept. of Public Utilities (BOC Res. 216-11) ...... 871

Board of Control — Water Pollution Control Division

Lee Road Area Sewer rehabilitation and replacement project — per Ord. 397-09 to United Survey, Inc. — Dept. of Public Utilities (BOC Res. 218-11) ...... 871 Sewer, rehabilitation and relining — per C.O. Sec. 129.292 to Perk Co. — Dept. of Public Utilities (BOC Res. 220-11) ...... 871 West 14th Street Sewer relining project — per Ord. 594-10 to United Survey, Inc. — Dept. of Public Utilities (BOC Res. 219-11) ...... 871

Board of Zoning Appeals — Report

College Avenue, 820, (Ward 3) – Tom Leneghan, owner — appeal granted and adopted on 5/23/11 (Cal. 10-227)...... 874 Detroit Avenue, 11100, (Ward 16) – La Cresta Properties LLC, owner, and Andi Ramazani, tenant — appeal heard on 5/23/11 (Cal. 11-60) ...... 874 Dorchester Drive, 17024, (Ward 11) – Michael Jenovic, owner — appeal granted and adopted on 5/23/11 (Cal. 11-50) ...... 874 East 73rd Street, 2274, (Ward 5) – East Central Townhomes, LLC and Burten Bell Carr Development Corporation, owners — appeal heard on 5/23/11 (Cal. 11-64) ...... 874 Ford Drive, 1901, (Ward 9) – Case Western Reserve University, owner — appeal heard on 5/23/11 (Cal. 11-62) ...... 874 Fulton Road, 3292, (Ward 14) – Pawaw Mangla, owner — appeal dismissed 5/23/11 (Cal. 10-179) ...... 874 Lorain Avenue, 15600, (Ward 19) – Lakepark Congregation, owner — appeal heard on 5/23/11 (Cal. 11-59)...... 874 Martin Luther King Drive, 2900, (Ward 4) – The Benedictine Order of Cleveland, owner — appeal granted and adopted on 5/23/11 (Cal. 11-56) ...... 874 Scranton Road, 3237, (Ward 14) – The 3264 Holdings LLC and Fethi Belhovane, owner — appeal postponed to 8/22/11 on 5/23/11 (Cal. 10-245)...... 874 West 6th Street, 2149, (Ward 3) – Todd Burger and Kristie Beck, owners — appeal heard on 5/23/11 (Cal. 11-63)...... 874

Board of Zoning Appeals — Schedule

Bridge Avenue, 3015, (Ward 3) – Michael Zaverton, owner — appeal to be heard on 6/6/2011 (Cal. 11-73)...... 874 Cornwall Road, 18216, (Ward 11) – Wesley and Jacqueline McClain, owners — appeal to be heard on 6/6/2011 (Cal. 11-71) ...... 873 Juniper Drive, 11300, (Ward 9) – Case Western Reserve University, owner and KNBB Corporation, lessee — appeal to be heard on 6/6/2011 (Cal. 11-69) ...... 873 Pearl Road, 4106, (Ward 13) – Mathile Saad, owner — appeal to be heard on 6/6/2011 (Cal. 11-70)...... 873 West 76th Street, 1261, (Ward 15) – Gillespie Brothers Ltd., owner — appeal to be heard on 6/6/2011 (Cal. 11-67) ...... 873

Bonds

Public Works — contracts — removal of construction and demolition debris disposal service (O 749-11) ...... 854

Building and Housing Department

Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 869 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 869 Enacting new Section 601.061 — Strict criminal liability for offenses in the Building and Housing Codes (O 1198-10) ...... 883 Ziva Community Connections, Inc. — agreement — Vacant Properties Initiative Project (Ward 07 NEF) (O 718-11) ...... 892 895 48 The City Record May 25, 2011

Building Code

Enacting new Section 601.061 — Strict criminal liability for offenses in the Building and Housing Codes (O 1198-10) ...... 883

Cemeteries

Public Works — Public Improvement contracts — 2011 CEMETERY FACILITIES (O 454-11) ...... 886

City Council

Piccirillo, Francesca — agreement — professional services (O 771-11)...... 864 Summer meeting schedule, 2011 (R 763-11) ...... 865 Thunder Tech — agreement — professional services — City Council website & create a Intranet site (O 743-11) ...... 863

City of Cleveland Bids

Cleveland Browns Stadium capital improvements, 2010-2011 — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 550-10 — bid due June 10, 2011 (advertised 5/25/2011 and 6/1/2011) ...... 875 East 78th Street relocation (Marble Avenue to Osage Avenue) — Office of Capital Projects — Division of Engineering and Construction — per Ord. 625-11 — bid due June 3, 2011 (advertised 5/18/2011 and 5/25/2011)...... 874 Lake to Lake Bike Trail extension — Department of Public Works — Division of Engineering and Construction — per Ord. 310-10 — bid due June 15, 2011 (advertised 5/18/2011 and 5/25/2011) ...... 875 Landscaping at various Public Utilities facilities — Department of Public Utilities — per Ord. 1599-10 — bid due June 23, 2011 (advertised 5/25/2011 and 6/1/2011) ...... 875 Lubricants — Department of Public Utilities — per C.O. Sec. 181.101 — bid due June 9, 2011 (advertised 5/18/2011 and 5/25/2011) ...... 875 Paper, bulk multi-purpose bond — Department of Finance — Division of Printing and Reproduction — per C.O. Sec. 181.101 — bid due June 8, 2011 (advertised 5/18/2011 and 5/25/2011) ...... 875 Safety surface and signage improvements — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 607-10 — bid due June 10, 2011 (advertised 5/25/2011 and 6/1/2011) ...... 875 Transformers and accessories — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 129.26 — bid due June 15, 2011 (advertised 5/18/2011 and 5/25/2011)...... 875 West Side Market upgrades (Re-bid) — Department of Public Works — Division of Architecture and Site Improvement — per Ord. 487.07 — bid due June 23, 2011 (advertised 5/25/2011 and 6/1/2011)...... 875

City Planning Commission

Amend Sect(s) 350.13 through 350.15 — Electronically — Changeable Signs (O 934-10) ...... 877 Appointing board for Market District — S.I.D. (R 704-11) ...... 870 Fairview Court — add secondary name — Farinacci Court — repeal Ord. No. 1050-10 (Ward 09) (O 716-11) ...... 891 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation (Ward 11) (O 759-11) ...... 863 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation (Ward 11) (O 760-11) ...... 863 N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District (Ward 08) (O 710-11)...... 870 Perry Court N.E. — intention to vacate (Ward 03) (O 408-11) ...... 884 Repeal Sect. 2 of Ord. No. 29-10 — Chicken and Bees Sunset (O 457-11) ...... 886

Clerk of Council

Piccirillo, Francesca — agreement — professional services — City Council (O 771-11)...... 864 Summer meeting schedule, 2011 (R 763-11) ...... 865

Cleveland Hopkins International Airport

Port Control — public improvement contracts — terminal security bollards (CHIA) (O 748-11) ...... 854

Cleveland Housing Network

Cleveland NSP Homes I (Wards 4, 6, and 9) (F 777-11) ...... 851 896 May 25, 2011 The City Record 49

Cleveland Public Power

Utilities Department — contract — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11) ...... 868 Utilities Department — contract — professional consultants — perform a rate study (O 528-11) ...... 868 Utilities Department — contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services (O 557-11) ...... 868

Codified Ordinances

Amend Sect(s) 350.13 through 350.15 — Electronically — Changeable Signs (O 934-10) ...... 877 City Planning Commission — Repeal Sect. 2 of Ord. No. 29-10 — Chicken and Bees Sunset (O 457-11) ...... 886 Enacting new Section 601.061 — Strict criminal liability for offenses in the Building and Housing Codes (O 1198-10) ...... 883 Fees for Publications and Services — amend Section 113.12 (O 742-11) ...... 862 Utilities Department — Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 867

Collective Bargaining Agreements

Cleveland Fire Fighters, Local 93 — approve collective bargaining agreement — Finance Department — Human Resource Department (O 669-11) ...... 889 Cleveland Police Patrolmen’s Association (CPPA), Civilian — approve collective bargaining agreement — Finance Department — Human Resource Department (O 670-11) ...... 889 IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department — Human Resource Department (O 738-11) ...... 860 International Union of Operating Engineers (IUOE), Local 10 — approve collective bargaining agreement — Finance Department — Human Resources Department (O 671-11) ...... 890 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department — Human Resources Department (O 739-11) ...... 861 Local 27 — approve collective bargaining agreement — Finance Department — Human Resources Department (O 673-11)...... 890 Longshoreman Association, Local 1317 — approve collective bargaining agreement — Finance Department — Human Resources Department (O 672-11) ...... 890 Ohio Patrolmen’s Benevolent Association (OPBA) — Utilities — Security Officers — approve collective bargaining agreement — Finance Department — Human Resources Department (O 674-11) ...... 890 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department — Human Resources Department (O 740-11) ...... 861

Communications

Cleveland Housing Network — Cleveland NSP Homes I (Wards 4, 6, and 9) (F 777-11) ...... 851 Ohio CAT — Notice of Commencement (O.R.C. 1311.04) — Notice of Commencement (O.R.C. 1311.04) (F 775-11) ...... 851 Ohio CAT — Public Notice of Furnishing (O.R.C. 1311.05) (F 776-11)...... 851

Community Development Department

Administrative expenses — appropriate CDBG funds (O 633-11) ...... 869 Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds (O 640-11) ...... 869 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department (O 635-11)...... 869 Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 864 East 79th St., 1827 — PPN. 119-01-006 (part of) & 119-01-007 — Land Reutilization Program — Alvin R. Sharp (Ward 07) (O 755-11)...... 857 Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 870 Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 864 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds (O 634-11) ...... 869 Garden program — non-profit agencies (O 642-11)...... 869 Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 869 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 869 Neighborhood Development programs — enter and amend contracts or memorandums of understanding — expend funds (O 643-11) ...... 869 Poe Ave., 4200 — PPN 015-11-088 — Land Reutilization Program — Carlos Caraballo & Rosario Caraballo (Ward 14) (O 215-11) ...... 867 897 50 The City Record May 25, 2011

Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department (O 637-11)...... 869 Storefront Renovation and Commercial Revitalization Programs — rebate and loan agreements (O 641-11) ...... 869 West 48th St., 3198 — PPN 016-13-025 — Land Reutilization Program — Zuleyka Luciano (Ward 14) (O 216-11)...... 867

Community Development Block Grant Program

Administrative expenses — appropriate CDBG funds — Community Development Department (O 633-11) ...... 869 Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds — Community Development (O 640-11)...... 869 Code Enforcement Program — administrative expenses — appropriate CDBG funds — Building and Housing Department — Code Enforcement Division (O 632-11) ...... 869 Demolition Program and Board-up Program — appropriate CDBG funds — Building and Housing Department — Community Development Department (O 635-11) ...... 869 Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 869 Garden program — non-profit agencies (O 642-11)...... 869 Housing Rehabilitation Programs — Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 869 Low Interest Loan and Grant Program — expend CDBG and Federal HOME funds — contracts with various agencies (O 639-11)...... 869 Neighborhood Development programs — enter and amend contracts or memorandums of understanding — expend funds (O 643-11) ...... 869 Senior Homeowners Assistance Program (SHAP) and CHORE Program — expend CDBG funds — Aging Department — Community Development (O 637-11) ...... 869 Storefront Renovation and Commercial Revitalization Programs — rebate and loan agreements — Community Development Department (O 641-11) ...... 869

Condolences Resolutions

Kennedy, Miles (R 783-11)...... 851 Lahner, Joseph M. (R 786-11) ...... 851 Rager, Joseph Michael (R 782-11) ...... 851 Rogers, Jonathia (R 784-11) ...... 851 Washington, Tony (R 785-11) ...... 851

Congratulatory Resolutions

Lind, Professor Kermit J. (R 787-11)...... 851 Mallard, Booker T. (R 788-11)...... 851

Contracts

Capital Project — Subsidiary Additions with EnviroCom Construction Inc. for bike station (O 757-11) ...... 858 Cleveland Action to Support Housing, Inc. (CASH) — CDBG funds — Community Development (O 640-11)...... 869 Economic Development — Amend Contract No. 58287 — 3500 Group, Ltd. (O 564-11) ...... 887 Economic Development — public improvement — Warner Swasey Building (Ward 05) (O 756-11) ...... 857 Economic Development — SDC University Circle Developer LLC — Courtyard by Marriott hotel at 2021 Cornell Rd. (O 774-11) ...... 859 Economic Development agreements with various to accept discounted payments on original UDAG loans with balloon (O 565-11)...... 887 Exercise option to renew Contract No. 69197 with RW Armstrong, Inc — Runway 28 Localized Shelter Replacement & Runway Threshold Relocation Project (O 758-11)...... 858 Port Control — public improvement — terminal security bollards (CHIA) (O 748-11) ...... 854 Public Works — The Neighborhood Leadership Institute — Implement Educational, recreational and culture programs in various school buildings (O 455-11) ...... 867 Public Works — Public Improvement — 2011 CEMETERY FACILITIES (O 454-11) ...... 886 Public Works — Public Improvement — 2011 PARKS AND RECREATION FACILITIES (O 452-11) ...... 885 Public Works — Public Improvement — 2011 PUBLIC FACILITIES (O 453-11) ...... 885 Public Works — removal of construction and demolition debris disposal service — with bond (O 749-11) ...... 854 Public Works — Salvation Army (administrating & facilitating recreational services) (Ward 11) (O 504-11)...... 868 Public Works — traffic signal and pavement marking equipment — receiving scrap aluminum sign blank credit (O 751-11) ...... 855 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 868 Utilities Department — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11) ...... 868 898 May 25, 2011 The City Record 51

Utilities Department — Kronos Incorp. — professional services — attendance workforce system and software & hardware support (O 596-11) ...... 868 Utilities Department — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 868 Utilities Department — professional consultants — perform a rate study — CPP (O 528-11) ...... 868 Utilities department — professional services — identify and resolve water quality problems in treatment plants (O 747-11) ...... 853

Detroit Shoreway Community Development Organization

Agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 864 Banner — West 65th St. (south of Detroit Ave. & north of Franklin Blvd.) — Aug. 15 to Sept. 14 — Gordon Square Farmers’ Market (Ward 15) (O 715-11) ...... 891

Economic Development Department

Accept a gift of computers from Cleveland Citywide Development Corp. for Economic Development Department (O 754-11) ...... 856 Agreements with various to accept discounted payments on original UDAG loans with balloon (O 565-11) ...... 887 Amend Contract No. 58287 — 3500 Group, Ltd. (O 564-11) ...... 887 Amend Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (Ward 09) (O 741-11) ...... 861 Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 870 Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 714-11) ...... 891 Amend Sect. 6 of Ord. No. 1780-05 — Steelyard Commons Urban Redevelopment (TIF) — Grants (O 766-11) ...... 859 Consent to sale parking garage at 515 Euclid Ave. — (TIF) (O 601-11) ...... 887 Contract — SDC University Circle Developer LLC — Courtyard by Marriott hotel at 2021 Cornell Rd. (O 774-11) ...... 859 Enterprise Zone Agreement — Market Redevelopment, LLC — 11905 Superior Ave. (Ward 09) (O 645-11)...... 870 Public improvement contract — Warner Swasey Building (Ward 05) (O 756-11) ...... 857

Emergency Medical Service Division

Safety Department — agreement — MetroHealth System — Operate EMS base (O 1630-10) ...... 867

Encroachment

Capital Project — permit — 25th Street Partnership, LLC — West 25th St. — installing, using, maintaining two six-inch T1 Duct Banks (O 447-11) ...... 884 Rockwell Avenue and East 6th St., — permit — right-of-way — Rockwell Property, LLC — Capital Projects — installing, using, and maintaining a sidewalk vault (Ward 03) (O 223-11) ...... 883

Enterprise Zone Agreement

Economic Development — Market Redevelopment, LLC — 11905 Superior Ave. (Ward 09) (O 645-11) ...... 870

Famicos Foundation

Agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 864

Fees

Fees for Publications and Services — amend Section 113.12 (O 742-11) ...... 862

Finance Department

2011 Vehicle Lease and Purchase (O 647-11) ...... 888 Apply & Accept USCIS Citizenship and Integration National Capacity Building Grant Program (O 646-11) ...... 888 Cleveland Community Access Corporation — agreement — management of public access channels (O 765-11) ...... 864 Cleveland Fire Fighters, Local 93 — approve collective bargaining agreement — Human Resource Department (O 669-11) ...... 889 Cleveland Police Patrolmen’s Association (CPPA), Civilian — approve collective bargaining agreement — Human Resource Department (O 670-11) ...... 889 IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Human Resource Department (O 738-11) ...... 860 899 52 The City Record May 25, 2011

International Union of Operating Engineers (IUOE), Local 10 — approve collective bargaining agreement — Human Resources Department (O 671-11) ...... 890 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Human Resources Department (O 739-11)...... 861 Local 27 — approve collective bargaining agreement — Human Resources Department (O 673-11) ...... 890 Longshoreman Association, Local 1317 — approve collective bargaining agreement — Human Resources Department (O 672-11) ...... 890 Moral Claims — authorize payments (O 746-11) ...... 853 Ohio Patrolmen’s Benevolent Association (OPBA) — Utilities — Security Officers — approve collective bargaining agreement — Human Resources Department (O 674-11) ...... 890 Professional services — software & services to analyze work order management system — Citywide (O 626-11) ...... 888 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Human Resources Department (O 740-11) ...... 861

Grant

Apply & Accept USCIS Citizenship and Integration National Capacity Building Grant Program (O 646-11) ...... 888 Amend Sect. 6 of Ord. No. 1780-05 — Steelyard Commons Urban Redevelopment (TIF) (O 766-11) ...... 859 Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 870 Childhood Lead Poisoning Prevention, 2011-12 — Grants — Ohio Department of Health (O 752-11) ...... 856

Gifts

Accept a gift of computers from Cleveland Citywide Development Corp. for Economic Development Department (O 754-11) ...... 856

Health Department

Childhood Lead Poisoning Prevention, 2011-12 — Grants — Ohio Department of Health (O 752-11) ...... 856 City Planning Commission — Repeal Sect. 2 of Ord. No. 29-10 — Chicken and Bees Sunset (O 457-11) ...... 886

House of Corrections

Lease property from Mercantile Associates to store goods for House of Corrections (O 753-11) ...... 856

Housing Rehabilitation Program

Section 8 HQS inspections — appropriate CDBG and Federal HOME Program funds (O 638-11) ...... 869

Human Resources Department

Cleveland Fire Fighters, Local 93 — approve collective bargaining agreement — Finance Department (O 669-11) ...... 889 Cleveland Police Patrolmen’s Association (CPPA), Civilian — approve collective bargaining agreement — Finance Department (O 670-11) ...... 889 Human Resources — professional services — workers’ compensation & actuarial services (O 602-11) ...... 868 IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department (O 738-11) ...... 860 International Union of Operating Engineers (IUOE), Local 10 — approve collective bargaining agreement — Finance Department (O 671-11) ...... 890 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department (O 739-11) ...... 861 Local 27 — approve collective bargaining agreement — Finance Department (O 673-11) ...... 890 Longshoreman Association, Local 1317 — approve collective bargaining agreement — Finance Department (O 672-11)...... 890 Ohio Patrolmen’s Benevolent Association (OPBA) — Utilities — Security Officers — approve collective bargaining agreement — Finance Department (O 674-11) ...... 890 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department (O 740-11) ...... 861

Land Reutilization Program

East 79th St., 1827 — PPN. 119-01-006 (part of) & 119-01-007 — Alvin R. Sharp (Ward 07) (O 755-11) ...... 857 Poe Ave., 4200 — PPN 015-11-088 — Carlos Caraballo & Rosario Caraballo (Ward 14) (O 215-11) ...... 867 West 48th St., 3198 — PPN 016-13-025 — Zuleyka Luciano (Ward 14) (O 216-11)...... 867 900 May 25, 2011 The City Record 53

Leases

Lease property from Mercantile Associates to store goods for House of Corrections (O 753-11) ...... 856 Port Control — USS Cod — parking Lots 9 and 10 (O 764-11) ...... 864

Liquor Permits

Denison Ave., 2101 — objection to transfer of ownership (Ward 03) (R 770-11) ...... 866 Dundee Dr., 453 — withdraw objection to renewal — repeal Res. 961-10 (Ward 10) (R 725-11) ...... 877 East 17th St., 1740 — withdraw objection to renewal — repeal Res. 1110-10 (Ward 03) (R 719-11) ...... 875 East 185th St., 770 — stock application (Ward 11) (F 780-11)...... 851 East 36th St., 1735 — transfer of ownership and location application (Ward 08) (F 779-11) ...... 851 Elm St., 2325 — withdraw objection to renewal — repeal Res. 956-10 & 1111-10 (Ward 03) (R 767-11) ...... 865 Euclid Ave., 17229 — objection to issuance (Ward 10) (R 724-11) ...... 876 Euclid Ave., 240 — withdraw objection to transfer of ownership and location — repeal Res. 374-11 (Ward 03) (R 720-11) ...... 876 Fulton Rd., 2240 — withdraw objection to stock transfer — repeal Res. 28-11 (Ward 15) (R 726-11) ...... 877 Lorain Ave., 2710 — withdraw objection to renewal — repeal Res. 1084-10 — (Ward 03) (R 721-11) ...... 876 Memphis Ave., 6101 — objection to transfer of ownership (Ward 13) (R 769-11) ...... 865 Pearl Rd., 5100 — withdraw objection to renewal — repeal Res. 1089-10 — (Ward 13) (R 723-11) ...... 876 Prospect Ave., 21 — withdraw objection to renewal — repeal Res. 1082-10 — (Ward 03) (R 722-11) ...... 876 Warner Rd., 4568 — new application (Ward 02) (F 778-11) ...... 851 West 25th St., 3180-84 (1st. fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1122-10 (Ward 14) (R 768-11) ...... 865 West 25th St., 3474 — objection to issuance (Ward 14) (R 773-11)...... 866

Loans

Economic Development — Amend Ord. No. 2567-A-88, passed January 30, 1989, — Neighborhood Development Program (O 644-11) ...... 870

Moral Claims

Moral Claims — authorize payments (O 746-11) ...... 853

Neighborhood Equity Funds

Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 864 Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 864 Ziva Community Connections, Inc. — agreement — Safe Neighborhood Initiative Project (Ward 07 NEF) (O 717-11) ...... 891 Ziva Community Connections, Inc. — agreement — Vacant Properties Initiative Project (Ward 07 NEF) (O 718-11) ...... 892

Office of Capital Projects

Consent agreement — professional service — Harvard Avenue bridge over Wheeling and Lake Erie Railway Company railroad (O 745-11)...... 852 Detroit Shoreway Community Development Organization — banner — West 65th St. (south of Detroit Ave. & north of Franklin Blvd.) — Aug. 15 to Sept. 14 — Gordon Square Farmers’ Market (Ward 15) (O 715-11) ...... 891 Encroachment permit — 25th Street Partnership, LLC — West 25th St. — installing, using, maintaining two six-inch T1 Duct Banks (O 447-11) ...... 884 Fairview Court — add secondary name — Farinacci Court — repeal Ord. No. 1050-10 — City Planning Commission (Ward 09) (O 716-11) ...... 891 Halloran Park Summer Concert Club — banners — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (Ward 17) (O 781-11)...... 865 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (Ward 11) (O 759-11) ...... 863 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (Ward 11) (O 760-11) ...... 863 Rockwell Avenue and East 6th St., — permit — encroach into right-of-way — Rockwell Property, LLC — installing, using, and maintaining a sidewalk vault (Ward 03) (O 223-11) ...... 883 Slavic Village Development — banners — Broadway Ave. (No. Side 2PW of East 65th and Broadway So. Side 3PW of 65th) — May 23 to June 22 — Broadway Farmer’s Market (Ward 12) (O 714-11)...... 891 901 54 The City Record May 25, 2011

Subsidiary Additions with EnviroCom Construction Inc. for bike station (O 757-11) ...... 858 West 117th Merchant Association — banners — W. 117th St. (various location) — July 11th — Aug. 10th — Summer Concert at Halloran Gazebo (Ward 17) (O 713-11)...... 891

Peddlers

Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (Ward 06) (O 744-11) ...... 863

Permits

Rockwell Avenue and East 6th St., — encroach into right-of-way — Rockwell Property, LLC — Capital Projects — installing, using, and maintaining a sidewalk vault (Ward 03) (O 223-11) ...... 883 Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (Ward 06) (O 744-11) ...... 863

Port Control Department

Exercise option to renew Contract No. 69197 with RW Armstrong, Inc — Runway 28 Localized Shelter Replacement & Runway Threshold Relocation Project (O 758-11)...... 858 Lease with USS Cod — parking Lots 9 and 10 (O 764-11) ...... 864 Public improvement contracts — terminal security bollards (CHIA) (O 748-11) ...... 854

Predatory Lending

Foreclosure prevention and anti-predatory lending assistance — appropriate CDBG funds — Community Development (O 634-11)...... 869

Professional Services

Consent agreement — Harvard Avenue bridge over Wheeling and Lake Erie Railway Company railroad (O 745-11) ...... 852 Exercise option to renew Contract No. 69197 with RW Armstrong, Inc — Runway 28 Localized Shelter Replacement & Runway Threshold Relocation Project (O 758-11)...... 858 Finance Department — software & services to analyze work order management system — Citywide (O 626-11) ...... 888 Human Resources — workers’ compensation & actuarial services (O 602-11) ...... 868 Piccirillo, Francesca — agreement — City Council (O 771-11)...... 864 Security services, armed indoor / outdoor recreation facilities (O 750-11) ...... 855 Thunder Tech — agreement — City Council website & create a Intranet site (O 743-11)...... 863 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 868 Utilities Department — contract — Kronos Incorp. — attendance workforce system and software & hardware support (O 596-11) ...... 868 Utilities Department — contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 868 Utilities Department — contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 868 Utilities department — identify and resolve water quality problems in treatment plants (O 747-11) ...... 853

Public Improvements

Capital Project — Subsidiary Additions with EnviroCom Construction Inc. for bike station (O 757-11) ...... 858 Consent agreement — professional service — Harvard Avenue bridge over Wheeling and Lake Erie Railway Company railroad (O 745-11)...... 852 Economic Development — contract — Warner Swasey Building (Ward 05) (O 756-11) ...... 857 Port Control — contracts — terminal security bollards (CHIA) (O 748-11)...... 854 Public Works — Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 870 Public Works — contracts — 2011 CEMETERY FACILITIES (O 454-11) ...... 886 Public Works — contracts — 2011 PARKS AND RECREATION FACILITIES (O 452-11) ...... 885 Public Works — contracts — 2011 PUBLIC FACILITIES (O 453-11) ...... 885

Public Works

2011 Vehicle Lease and Purchase (O 647-11) ...... 888 Agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 868 Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 870 Contract — Salvation Army (administrating & facilitating recreational services) (Ward 11) (O 504-11) ...... 868 Contracts — removal of construction and demolition debris disposal service — with bond (O 749-11) ...... 854 902 May 25, 2011 The City Record 55

Contracts — traffic signal and pavement marking equipment — receiving scrap aluminum sign blank credit (O 751-11) ...... 855 Contracts-The Neighborhood Leadership Institute — Implement Educational, recreational and culture programs in various school buildings (O 455-11) ...... 867 Public Improvement contracts — 2011 CEMETERY FACILITIES (O 454-11) ...... 886 Public Improvement contracts — 2011 PARKS AND RECREATION FACILITIES (O 452-11) ...... 885 Public Improvement contracts — 2011 PUBLIC FACILITIES (O 453-11)...... 885 Security services, armed indoor / outdoor recreation facilities (O 750-11) ...... 855

Purchases and Supplies Division

Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 714-11) ...... 891

Recognition Resolutions

Asian American & Pacific Islander Heritage Month 2011 (R 789-11) ...... 851 Caring Individuals — Stepping Out Against Breast Cancer (R 791-11) ...... 852 Harris, Donna Marie — recognition (R 792-11) ...... 852 Syrian Cultural Garden (R 790-11) ...... 852

Regional Transit Authority (RTA)

Public Works — agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 868

Resolutions of Support

Appointing board for Market District — S.I.D. (R 704-11) ...... 870 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866

Resolutions- Miscellaneous

Appointing board for Market District — S.I.D. (R 704-11) ...... 870 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866

Safety Department

2011 Vehicle Lease and Purchase (O 647-11) ...... 888 Agreement — MetroHealth System — Operate EMS base (O 1630-10) ...... 867 Lease property from Mercantile Associates to store goods for House of Corrections (O 753-11) ...... 856 Ziva Community Connections, Inc. — agreement — Safe Neighborhood Initiative Project (Ward 07 NEF) (O 717-11) ...... 891

Salaries

Salvation Army

Public Works — contract (administrating & facilitating recreational services) (Ward 11) (O 504-11) ...... 868 903 56 The City Record May 25, 2011

Signs

Amend Sect(s) 350.13 through 350.15 — Electronically — Changeable Signs (O 934-10) ...... 877

Streets — Name

Fairview Court — add secondary name — Farinacci Court — repeal Ord. No. 1050-10 — City Planning Commission (Ward 09) (O 716-11) ...... 891 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (Ward 11) (O 759-11) ...... 863 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (Ward 11) (O 760-11) ...... 863

Street Vacation

Perry Court N.E. — intention to vacate — City Planning Commission (Ward 03) (O 408-11) ...... 884

Unions

IBEW, Local 39 — collective bargaining agreement — amend Sect. 24 of Ord. No. 947-08 — Finance Department — Human Resource Department (O 738-11) ...... 860 International Union of Operating Engineers (IUOE), Local 10 — approve collective bargaining agreement — Finance Department — Human Resources Department (O 671-11) ...... 890 Local 100, AFSCME Ohio Council 8 — collective bargaining agreement — Finance Department — Human Resources Department (O 739-11) ...... 861 Local 27 — approve collective bargaining agreement — Finance Department — Human Resources Department (O 673-11) ...... 890 Service Equipment Employee Union (SEME), Local 1 — collective bargaining agreement — Finance Department — Human Resources Department (O 740-11) ...... 861

Utilities Department

Amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11) ...... 868 Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 867 Contract — American Municipal Power — Efficiency Smart Power Plant energy efficiency program (O 501-11)...... 868 Contract — Kronos Incorp. — professional services — attendance workforce system and software & hardware support (O 596-11) ...... 868 Contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 868 Contracts — Kubra Data Transfer Ltd. — professional services — provide online bill payment & bill presentation services — CPP (O 557-11) ...... 868 Professional services — identify and resolve water quality problems in treatment plants (O 747-11) ...... 853

Ward 01

Caring Individuals — Stepping Out Against Breast Cancer — recognition (R 791-11) ...... 852 Washington, Tony — condolence (R 785-11) ...... 851

Ward 02

Consent agreement — professional service — Harvard Avenue bridge over Wheeling and Lake Erie Railway Company railroad (O 745-11)...... 852 Harris, Donna Marie — recognition (R 792-11) ...... 852 Warner Rd., 4568 — new application — liquor permit (F 778-11) ...... 851 Washington, Tony — condolence (R 785-11) ...... 851

Ward 03

Amend Sect. 6 of Ord. No. 1780-05 — Steelyard Commons Urban Redevelopment (TIF) — Grants (O 766-11) ...... 859 Appointing board for Market District — S.I.D. (R 704-11) ...... 870 Capital Project — encroachment permit — 25th Street Partnership, LLC — West 25th St. — installing, using, maintaining two six-inch T1 Duct Banks (O 447-11) ...... 884 Capital Project — Subsidiary Additions with EnviroCom Construction Inc. for bike station (O 757-11) ...... 858 Denison Ave., 2101 — objection to transfer of ownership — liquor permit (Ward 03) (R 770-11) ...... 866 East 17th St., 1740 — withdraw objection to renewal — repeal Res. 1110-10 — liquor permit (R 719-11) ...... 875 Economic Development — Amend Contract No. 58287 — 3500 Group, Ltd. (O 564-11) ...... 887 Economic Development — consent to sale parking garage at 515 Euclid Ave. — (TIF) (O 601-11) ...... 887 904 May 25, 2011 The City Record 57

Elm St., 2325 — withdraw objection to renewal — repeal Res. 956-10 & 1111-10 — liquor permit (Ward 03) (R 767-11)...... 865 Euclid Ave., 240 — withdraw objection to transfer of ownership and location — repeal Res. 374-11 — liquor permit (R 720-11) ...... 876 Lorain Ave., 2710 — withdraw objection to renewal — repeal Res. 1084-10 — liquor permit (R 721-11) ...... 876 Perry Court N.E. — intention to vacate — City Planning Commission (O 408-11) ...... 884 Prospect Ave., 21 — withdraw objection to renewal — repeal Res. 1082-10 — liquor permit (R 722-11) ...... 876 Public Work — Amend title & Sect. 5 of Ord. No. 808-09 — Bike station in Gateway North Garage (O 683-11) ...... 870 Public Works — agreement with RTA for bus shelters on Lorain Ave. & West 25th Street (O 600-11) ...... 868 Rockwell Avenue and East 6th St., — permit — encroach into right-of-way — Rockwell Property, LLC — Capital Projects — installing, using, and maintaining a sidewalk vault (O 223-11) ...... 883 Washington, Tony — condolence (R 785-11) ...... 851

Ward 04

Cleveland Housing Network — Cleveland NSP Homes I (Wards 4, 6, and 9) (F 777-11) ...... 851 Washington, Tony — condolence (R 785-11) ...... 851

Ward 05

Economic Development — public improvement contract — Warner Swasey Building (O 756-11) ...... 857 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866 Washington, Tony — condolence (R 785-11) ...... 851

Ward 06

Cleveland Housing Network — Cleveland NSP Homes I (Wards 4, 6, and 9) (F 777-11) ...... 851 Mallard, Booker T. — congratulations (R 788-11) ...... 851 Tindall, Hattie — Temporary Sidewalk Occupancy Permit — peddling (O 744-11)...... 863 Washington, Tony — condolence (R 785-11) ...... 851

Ward 07

East 79th St., 1827 — PPN. 119-01-006 (part of) & 119-01-007 — Land Reutilization Program — Alvin R. Sharp (Ward 07) (O 755-11)...... 857 Famicos Foundation — agreement — Fatherhood Action Initiative and Training Haven Project (Ward 07 NEF) (O 762-11) ...... 864 Rogers, Jonathia — condolence (R 784-11) ...... 851 Washington, Tony — condolence (R 785-11) ...... 851 Ziva Community Connections, Inc. — agreement — Safe Neighborhood Initiative Project (Ward 07 NEF) (O 717-11) ...... 891 Ziva Community Connections, Inc. — agreement — Vacant Properties Initiative Project (Ward 07 NEF) (O 718-11) ...... 892

Ward 08

Asian American & Pacific Islander Heritage Month 2011 — recognition (R 789-11) ...... 851 East 36th St., 1735 — transfer of ownership and location application — liquor permit (F 779-11) ...... 851 Lahner, Joseph M. — condolence (R 786-11) ...... 851 N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District — City Planning Commission (Ward 08) (O 710-11) ...... 870 Syrian Cultural Garden — recognition (R 790-11) ...... 852 Washington, Tony — condolence (R 785-11) ...... 851

Ward 09

Amend Sect. 1 of Ord. No. 189-11 — acquire and re-convey properties — SDC University Circle Developer LLC — Cornell Rd., 2021 (TIF) (O 714-11) ...... 891 Cleveland Housing Network — Cleveland NSP Homes I (Wards 4, 6, and 9) (F 777-11) ...... 851 Economic Development — contract — SDC University Circle Developer LLC — Courtyard by Marriott hotel at 2021 Cornell Rd. (O 774-11) ...... 859 Economic Development — Enterprise Zone Agreement — Market Redevelopment, LLC — 11905 Superior Ave. (O 645-11) ...... 870 Fairview Court — add secondary name — Farinacci Court — repeal Ord. No. 1050-10 — City Planning Commission (O 716-11)...... 891 Washington, Tony — condolence (R 785-11) ...... 851 905 58 The City Record May 25, 2011

Ward 10

Dundee Dr., 453 — withdraw objection to renewal — repeal Res. 961-10 — liquor permit (R 725-11) ...... 877 Euclid Ave., 17229 — objection to issuance — liquor permit (R 724-11) ...... 876 Washington, Tony — condolence (R 785-11) ...... 851

Ward 11

East 185th St., 770 — stock application — liquor permit (F 780-11)...... 851 Intersection (East 174th St. & Nottingham Rd.) — Pastor Walther Marcis Way — secondary and honorary designation — City Planning Commission (O 759-11) ...... 863 Intersection (Waterloo Rd. & East 156th St.) — Miles Kennedy Square — secondary and honorary designation — City Planning Commission (O 760-11) ...... 863 Kennedy, Miles — condolence (R 783-11)...... 851 Public Works — contract — Salvation Army (administrating & facilitating recreational services) (O 504-11) ...... 868 Rager, Joseph Michael — condolence (R 782-11) ...... 851 Washington, Tony — condolence (R 785-11) ...... 851

Ward 12

Harris, Donna Marie — recognition (R 792-11) ...... 852 Lind, Professor Kermit J. — congratulations (R 787-11) ...... 851 Slavic Village Development — banners — Broadway Ave. (No. Side 2PW of East 65th and Broadway So. Side 3PW of 65th) — May 23 to June 22 — Broadway Farmer’s Market (O 714-11) ...... 891 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866 Washington, Tony — condolence (R 785-11) ...... 851

Ward 13

Memphis Ave., 6101 — objection to transfer of ownership — liquor permit (Ward 13) (R 769-11) ...... 865 Pearl Rd., 5100 — withdraw objection to renewal — repeal Res. 1089-10 — liquor permit (R 723-11) ...... 876 Washington, Tony — condolence (R 785-11) ...... 851

Ward 14

Poe Ave., 4200 — PPN 015-11-088 — Land Reutilization Program — Carlos Caraballo & Rosario Caraballo (O 215-11)...... 867 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866 Washington, Tony — condolence (R 785-11) ...... 851 West 25th St., 3180-84 (1st. fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1122-10 — liquor permit (R 768-11) ...... 865 West 25th St., 3474 — objection to issuance — liquor permit (R 773-11) ...... 866 West 48th St., 3198 — PPN 016-13-025 — Land Reutilization Program — Zuleyka Luciano (O 216-11) ...... 867

Ward 15

Detroit Shoreway Community Development Organization — agreement — Gordon Square Arts District Community Event (Ward 15 NEF) (O 761-11) ...... 864 Detroit Shoreway Community Development Organization — banner — West 65th St. (south of Detroit Ave. & north of Franklin Blvd.) — Aug. 15 to Sept. 14 — Gordon Square Farmers’ Market (O 715-11) ...... 891 Fulton Rd., 2240 — withdraw objection to stock transfer — repeal Res. 28-11 — liquor permit (R 726-11) ...... 877 Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866 Washington, Tony — condolence (R 785-11) ...... 851

Ward 16

Supporting H.R. 1760 (Safe and Complete Streets Act of 2011) (R 772-11) ...... 866 Washington, Tony — condolence (R 785-11) ...... 851

Ward 17

Halloran Park Summer Concert Club — banners — W. 117th Street (various location) — July 4th — Aug. 2nd — Summer Concert at Halloran Park (O 781-11) ...... 865 Washington, Tony — condolence (R 785-11) ...... 851 West 117th Merchant Association — banners — W. 117th St. (various location) — July 11th — Aug. 10th — Summer Concert at Halloran Gazebo (O 713-11) ...... 891 906 May 25, 2011 The City Record 59

Ward 18

Harris, Donna Marie — recognition (R 792-11) ...... 852 Washington, Tony — condolence (R 785-11) ...... 851

Ward 19

Washington, Tony — condolence (R 785-11) ...... 851

Waste Collection and Disposal Division

Public Works — contracts — removal of construction and demolition debris disposal service — with bond (O 749-11) ...... 854

Water Division

Utilities Department — Amend various Sect(s) of Chapters 531, 533, and 535 — Rates & Charges for water service (O 462-11) ...... 867 Utilities Department — amend Contract No. 69292 — Brown and Caldwell, Inc — perform additional energy management services — Water Division (O 559-11)...... 868

Zoning

City Planning Commission — Repeal Sect. 2 of Ord. No. 29-10 — Chicken and Bees Sunset (O 457-11) ...... 886 N.E. corner (Parkgate Ave. & East Blvd.) — change Use, Area and Height District — Multi-Family Residential Use District — City Planning Commission (Ward 08) (O 710-11) ...... 870

907