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

April the Twentieth, 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 21 City Clerk, Clerk of Council Board of Control 21 Ward Name Civil Service 23 1 Terrell H. Pruitt Board of Zoning Appeals 23 2 Zachary Reed Board of Building Standards 3 Joe Cimperman and Building Appeals 26 4 Kenneth L. Johnson Public Notice 30 5 Phyllis E. Cleveland Public Hearings 30 6 Mamie J. Mitchell City of Cleveland Bids 30 7 TJ Dow Adopted Resolutions 8 Jeffrey D. Johnson and Ordinances 32 Committee Meetings 37 9 Kevin Conwell Index 38 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 PERSONNEL AND HUMAN RESOURCES – ______, 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 FINANC E – 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 WORK S – 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, APRIL 20, 2011 No. 5080 CITY COUNCIL MONDAY, APRIL 18, 2011

The City Record 1:30 P.M. — City Planning Com - In accordance with Rule 22 of the Published weekly by the City Clerk, mittee: Cleveland, Chair; Westbrook, Rules of Council, I hereby request Clerk of Council under authority Vice Chair; Brady, Conwell, Dow, that my vote be recorded as a yea Keane, Zone. of the Charter of the on the legislation passed and adopt - ed by , and City of Cleveland The following Committees are on any other question acted upon at The City Record is available subject to the Call of the Chair: online at the April 11, 2011 meeting of Coun - www.clevelandcitycouncil.org Rules Committee: Sweeney, Chair; cil. Address all communications to Cleveland, Keane, Polensek, Pruitt. PATRICIA J. BRITT Personnel and Operations Commit - Thank you. Terrell Pruitt City Clerk, Clerk of Council tee: Westbrook, Chair; Conwell, K. 216 City Hall Johnson, Kelley, Mitchell, Sweeney, Zone. Received. PERMANENT SCHEDULE Mayor’s Appointment Committee: File No. 526-11-A. STANDING COMMITTEES Dow, Chair; Cleveland, Kelley, Mil - OF THE COUNCIL ler, Sweeney. RECORD OF VOTE 2010-2013 In accordance with the request of MONDAY — Alternating OFFICIAL PROCEEDINGS Council Member Pruitt and Rule 22 CITY COUNCIL of the Rules of Council, the vote on 9:30 A.M. — Public Parks, Proper - ______the following legislation passed and ties, and Recreation Committee: K. adopted by Cleveland City Council Johnson, Chair; Conwell, Vice Chair; Cleveland, on April 11, 2011 is changed as fol - Brancatelli, Cimperman, Dow, Polen - Monday, April 18, 2011 lows: sek, Reed. The meeting of the Council was 9:30 A.M. — Health and Human called to order, The President, Mar - Services Committee: Cimperman, tin J. Sweeney in the Chair. FIRST READING EMERGENCY Chair; J. Johnson, Vice Chair; Con - Council Members present: Brady, ORDINANCES READ IN well, Keane, Kelley, Reed, Zone. Brancatelli, Cimperman, Cleveland, FULL AND PASSED 11:00 A.M. — Public Service Com - Conwell, Cummins, Dow, J. Johnson, mittee: Miller, Chair; Cummins, Vice K. Johnson, Keane, Kelley, Miller, Ord. 507-11 Chair; Cleveland, Dow, K. Johnson, Mitchell, Polen sek, Pruitt, Reed, Yeas 19. Nays 0. Keane, Polensek, Pruitt, Sweeney. Sweeney, Westbrook and Zone. 11:00 A.M. — Legislation Commit - Also present were Mayor Frank G. Ord. 508-11 tee: Mitchell, Chair; K. Johnson, Jackson, Ken Silliman, Chief of Yeas 18. Nays 1. Vice Chair; Brancatelli, Cimperman, Staff, Valarie J. McCall, Chief of Those voting yea: Council Mem - Cleveland, Reed, Sweeney. Governmental Affairs, Chris War - bers Sweeney, Brady, Brancatelli, ren, Chief of Regional Development, MONDAY Monyka S. Price, Chief of Education, Cimperman, Cleveland, Conwell, Andrea V. Taylor, Press Secretary, Cummins, Dow, J. Johnson, K. John - 2:00 P.M. — Finance Committee: Andrew Watterson, Chief of Sus - son, Keane, Kelley, Miller, Mitchell, Swee ney, Chair; Kelley, Vice Chair; tainability and Directors Wasik, Tri - Pruitt, Reed, Westbrook and Zone. Brady, Brancatelli, Cleveland, Keane, ozzi, Withers, Smith, Cox, Butler, Those voting nay: Council Member Miller, Mitchell, Polensek, Pruitt, Flask, Rush, Southerington, Griffin, Polen sek. Westbrook. Fumich, Lucille Ambroz, Secretary, Civil Service Commission, and Tere - Ord. 513-11 TUESDAY sa Stevenson of Legislative Affairs. Yeas 19. Nays 0. 9:30 A.M. — Community and Eco - Pursuant to Ordinance No. 2926-76, nomic Development Committee: Bran- the opening prayer was offered by FIRST READING EMERGENCY catelli, Chair; Dow, Vice Chair; Cim - Pastor Lawrence Shelvern of St. RESOLUTIONS READ IN perman, Cummins, J. Johnson, Miller, Timothy Missionary Baptist Church, FULL AND ADOPTED Pruitt, Westbrook, Zone. located at 7101 Carnegie Avenue in 1:30 P.M. — Employment, Affir - Ward 6. Pledge of Allegiance. Res. 509-11 mative Action and Training Com - Yeas 19. Nays 0. mittee: Pruitt, Chair; Miller, Vice MOTION Chair; Cummins, J. Johnson, K. Johnson, Mitchell, Westbrook. On the motion of Council Member Res. 510-11 Polensek, the reading of the min - Yeas 19. Nays 0. WEDNESDAY — Alternating utes of the last meeting was dis - pensed with and the journal Res. 511-11 approved. Seconded by Council 10:00 A.M. — Aviation and Trans - Yeas 19. Nays 0. portation Committee: Keane, Chair; Member Brady. Pruitt, Vice Chair; Cummins, J. John - son, K. Johnson, Kelley, Mitchell. Res. 512-11 10:00 A.M. — Public Safety Com - RECORD VOTE OF Yeas 19. Nays 0. mittee: Conwell, Chair; Polensek, ABSENT MEMBER Vice Chair; Brady, Cleveland, Cum - Res. 514-11 mins, Dow, Miller, Mitchell, Zone. File No. 526-11. Yeas 19. Nays 0. April 12, 2011 WEDNESDAY — Alternating SECOND READING EMERGENCY 1:30 P.M. — Public Utilities Com - TO: Patricia J. Britt, Clerk of Council ORDINANCES PASSED mittee: Kelley, Chair; Brady, Vice FROM: Terrell Pruitt, Member of Council, Chair; Conwell, Cummins, Dow, Mil - Ward 1 Ord. 1362-10 ler, Polensek, Pruitt, Westbrook. RE: City Council Meeting on 4/11/11 Yeas 19. Nays 0. 579 4 The City Record April 20, 2011

Ord. 1553-10 Joel Ratner, Term Ending 2-28-2012 Mayor’s Appointment Committee Yeas 19. Nays 0. (New Appointment). Joan Shaver, Term Ending 2-28-2013 T.J. Dow, Chair Ord. 107-11 Lawrence Slenczka, Term Ending 2- Matthew Zone, Pro Tem Yeas 19. Nays 0. 28-2013 (New Appointment). Stephanie Turner, Term Ending 2-28- Eugene R. Miller 2013 (New Appointment). Kevin J. Kelley Ord. 212-11 Martin J. Sweeney Yeas 19. Nays 0. Additionally, resumes and/or biographies are attached for the can - Received. Ord. 225-11 didates. I can be reached at (216) 664- Without objection, Mayor’s Appoint - Yeas 19. Nays 0. 3544 or [email protected] ment approved. Yeas 19. Nays 0. if you have any questions. Ord. 248-11 File No. 538-11-E. Yeas 19. Nays 0. Thank you in advance for your cooperation. April 18, 2011 Ord. 324-11 Sincerely, Yeas 19. Nays 0. Valerie J. McCall To the Honorable Council of the City Chief of Government Affairs of Cleveland Ord. 325-11 Yeas 18. Nays 1. Received. Ladies and Gentelmen: Those voting yea: Council Mem - Referred to Committee on Mayor’s bers Sweeney, Brady, Brancatelli, Appointments. Cimperman, Cleveland, Conwell, Report of the Mayor’s Appointment Cummins, Dow, J. Johnson, K. John - MAYOR’S APPOINTMENT Committee’s consideration of the son, Keane, Kelley, Miller, Mitchell, COMMITTEE Mayor’s Appointment to the Commu - Polen sek, Pruitt, Westbrook and nity Relations Board. Zone. File No. 538-11-C. We have before us the Mayor’s Let - Those voting nay: Council Member ter wherein he names his appoint - Reed. April 18, 2011 ment to the Community Relations Board: Ord. 330-11 To the Honorable Council of the City of Cleveland Yeas 19. Nays 0. Ted Wammes Ladies and Gentelmen: Reappointment – Term expires on Ord. 448-11 March 31, 2015 Yeas 19. Nays 0. Report of the Mayor’s Appointment Committee’s consideration of the The Mayor’s Appointment Commit - Ord. 449-11 Mayor’s Appointment to the Citizens tee hereby recommends that Council Yeas 19. Nays 0. Industrial Air Pollution Advisory approve the appointment as stated Committee. above. LAID ON THE TABLE We have before us the Mayor’s Let - ter wherein he names his appoint - Mayor’s Appointment Committee Ord. 328-11 ment to the Citizens Industrial Air Pollution Advisory Committee: Yeas 19. Nays 0. T.J. Dow, Chair Matthew Zone, Pro Tem MAYOR’S APPOINTMENTS Elvin Vauss Reappointment – Term expires on Eugene R. Miller File No. 538-10. March 10, 2012 Kevin J. Kelley Martin J. Sweeney April 12, 2011 The Mayor’s Appointment Commit - tee hereby recommends that Council Received. The Honorable Martin J. Sweeney approve the appointment as stated Without objection, Mayor’s Appoint - City Council President above. ment approved. Yeas 19. Nays 0. Cleveland City Council 601 Lakeside Avenue Mayor’s Appointment Committee File No. 538-11-F. Cleveland, Ohio 44114 T.J. Dow, Chair The Honorable T.J. Dow April 18, 2011 Chairman, Mayor’s Appointments Matthew Zone, Pro Tem Cleveland City Council Eugene R. Miller To the Honorable Council of the City 601 Lakeside Avenue Kevin J. Kelley of Cleveland Cleveland, Ohio 44114 Martin J. Sweeney Ladies and Gentelmen: Dear Council President Sweeney and Received. Chairman Dow: Without objection, Mayor’s Appoint - Report of the Mayor’s Appointment ment approved. Yeas 19. Nays 0. Included below are the names and Committee’s consideration of the term ending dates of the Mayor’s nom - Mayor’s Appointment to the Fair inations to be considered at the File No. 538-11-D. Housing Board. upcoming meeting of Cleveland City We have before us the Mayor’s Let - Council’s Mayor’s Appointment Com - April 18, 2011 ter wherein he names his appoint - mittee. ment to the Fair Housing Board: To the Honorable Council of the City City's Industrial Air Pollution Advi - of Cleveland Rosa Y. Beltre sory Committee New Appointment – Term expires on Jason Bristol, Term Ending 3-10-2012 Ladies and Gentelmen: Christanne Trepal, Term Ending 3-10- June 1, 2012 2012 Report of the Mayor’s Appointment Elvin Vauss, Term Ending 3-10-2012 The Mayor’s Appointment Commit - Committee’s consideration of the tee hereby recommends that Council Community Relations Board Mayor’s Appointment to the Commu - approve the appointment as stated Kathryn Hall, Term Ending 3-31-2015 nity Relations Board. above. Ted Wammes, Term Ending 3-31-2015 We have before us the Mayor’s Let - ter wherein he names his appoint - Mayor’s Appointment Committee Fair Housing Board ment to the Community Relations Rosa Y. Beltre, Term Ending 6-1-2012 Board: (New Appointment) T.J. Dow, Chair Matthew Zone, Pro Tem Kathryn Hall Regional Transit Eugene R. Miller Reappointment – Term expires on Authority Kevin J. Kelley March 31, 2015 Jesse Anderson, Term Ending 3-3-2014 Martin J. Sweeney George Dixon, Term Ending 3-3-2014 The Mayor’s Appointment Commit - Housing Advisory Board tee hereby recommends that Council Received. Vickie Eaton, Term Ending 2-28-2013 approve the appointment as stated Without objection, Mayor’s Appoint - Janet Loehr, Term Ending 2-28-2013 above. ment approved. Yeas 19. Nays 0. 580 April 20, 2011 The City Record 5

File No. 538-11-G. We have before us the Mayor’s Let - Lawrence Slenczka ter wherein he names his appoint - New Appointment – Term expires on April 18, 2011 ment to the Housing Advisory Board: February 28, 2013

To the Honorable Council of the City Janet Loehr The Mayor’s Appointment Commit - of Cleveland Reappointment – Term expires on tee hereby recommends that Council February 28, 2013 approve the appointment as stated Ladies and Gentelmen: above. The Mayor’s Appointment Commit - Report of the Mayor’s Appointment tee hereby recommends that Council Mayor’s Appointment Committee Committee’s consideration of the approve the appointment as stated Mayor’s Appointment to the Greater above. T.J. Dow, Chair Cleveland Regional Transit Authori - Matthew Zone, Pro Tem ty. Mayor’s Appointment Committee Eugene R. Miller We have before us the Mayor’s Let - Kevin J. Kelley ter wherein he names his appoint - T.J. Dow, Chair Martin J. Sweeney ment to the Greater Cleveland Matthew Zone, Pro Tem Regional Transit Authority: Eugene R. Miller Received. Kevin J. Kelley Without objection, Mayor’s Appoint - Jesse Anderson Martin J. Sweeney ment approved. Yeas 19. Nays 0. Reappointment – Term expires on March 3, 2014 File No. 538-11-N. Received. The Mayor’s Appointment Commit - Without objection, Mayor’s Appoint - April 18, 2011 tee hereby recommends that Council ment approved. Yeas 19. Nays 0. approve the appointment as stated To the Honorable Council of the City above. File No. 538-11-K. of Cleveland

Mayor’s Appointment Committee April 18, 2011 Ladies and Gentelmen:

T.J. Dow, Chair To the Honorable Council of the City Report of the Mayor’s Appointment Matthew Zone, Pro Tem of Cleveland Committee’s consideration of the Eugene R. Miller Mayor’s Appointment to the Housing Kevin J. Kelley Ladies and Gentelmen: Advisory Board. Martin J. Sweeney We have before us the Mayor’s Let - Report of the Mayor’s Appointment ter wherein he names his appoint - Received. Committee’s consideration of the ment to the Housing Advisory Board: Without objection, Mayor’s Appoint - Mayor’s Appointment to the Housing ment approved. Yeas 19. Nays 0. Advisory Board. Stephanie Turner New Appointment – Term expires on File No. 538-11-I. We have before us the Mayor’s Let - ter wherein he names his appoint - February 28, 2013 April 18, 2011 ment to the Housing Advisory Board: The Mayor’s Appointment Commit - tee hereby recommends that Council To the Honorable Council of the City Joel Ratner approve the appointment as stated of Cleveland New Appointment – Term expires on above. February 28, 2013 Ladies and Gentelmen: Mayor’s Appointment Committee The Mayor’s Appointment Commit - Report of the Mayor’s Appointment tee hereby recommends that Council T.J. Dow, Chair Committee’s consideration of the approve the appointment as stated Matthew Zone, Pro Tem Mayor’s Appointment to the Housing above. Eugene R. Miller Advisory Board. Kevin J. Kelley We have before us the Mayor’s Let - Mayor’s Appointment Committee ter wherein he names his appoint - Martin J. Sweeney ment to the Housing Advisory Board: T.J. Dow, Chair Received. Matthew Zone, Pro Tem Vickie Eaton Johnston Without objection, Mayor’s Appoint - Reappointment – Term expires on Eugene R. Miller ment approved. Yeas 19. Nays 0. February 28, 2013 Kevin J. Kelley Martin J. Sweeney STATEMENT OF WORK The Mayor’s Appointment Commit - ACCEPTANCE tee hereby recommends that Council Received. approve the appointment as stated Mayor’s Appoint ment approved. File No. 534-11. above. Yeas 18. Nays 1. From Director of Department of Those voting yea: Council Mem - Public Utilities — Contract #69901 with Terrance Construction Compa - Mayor’s Appointment Committee bers Sweeney, Brady, Brancatelli, ny, Inc. for Water Main Replace - Cimperman, Cleveland, Conwell, ment in the City of Euclid – Drake - T.J. Dow, Chair Cummins, Dow, J. Johnson, Keane, Matthew Zone, Pro Tem field and Briardale Avenues. Kelley, Miller, Mitchell, Polen sek, Received. Eugene R. Miller Pruitt, Reed, Westbrook and Zone. Kevin J. Kelley Those voting nay: Council Member FROM THE DEPARTMENT OF Martin J. Sweeney K. Johnson. LIQUOR CONTROL

Received. File No. 538-11-M. File No. 535-11. Without objection, Mayor’s Appoint - Re: #7115334 — D3A New Appli - ment approved. Yeas 19. Nays 0. April 18, 2011 cation – Pura Vida by Brandt, LLC, 170 Euclid Avenue. (Ward 3). File No. 538-11-J. To the Honorable Council of the City Received. of Cleveland April 18, 2011 File No. 536-11. Ladies and Gentelmen: Re: #7115334 — D1, D2, D3 Trans - To the Honorable Council of the City fer of Location Application – Pura of Cleveland Vida by Brandt, LLC, 170 Euclid Report of the Mayor’s Appointment Avenue. (Ward 3). Received. Ladies and Gentelmen: Committee’s consideration of the Mayor’s Appointment to the Housing File No. 537-11. Report of the Mayor’s Appointment Advisory Board. Re: #6548378 — D5 Transfer of Committee’s consideration of the We have before us the Mayor’s Let - Ownership Application — 169 LLC., Mayor’s Appointment to the Housing ter wherein he names his appoint - 16826 Lake Shore Boulevard. (Ward Advisory Board. ment to the Housing Advisory Board: 11). Received. 581 6 The City Record April 20, 2011

CONDOLENCE RESOLUTIONS effect and be in force immediately Whereas, under Contract No. upon its passage and approval by the 69504, Woolpert, Inc. has been imple - The rules were suspended and the Mayor; otherwise it shall take effect menting improvements to the Geo - following Resolutions were adopted and be in force from and after the ear - graphic Information System, and by a rising vote: liest period allowed by law. additional services are necessary; Referred to Directors of Public Util - and Res. No. 545-11— David Samuel ities, Finance, Law; Committees on Whereas, this ordinance consti - Taylor. Public Utilities, Finance. tutes an emergency measure provid - Res. No. 546-11— Richard A. “Rick” ing for the usual daily operation of Gonyon. Ord. No. 529-11. a municipal department; now, there - Res. No. 554-11— Ella Belle Boyd By Council Members Kelley and fore, Robinson. Sweeney (by departmental request). Be it ordained by the Council of Res. No. 555-11— Caroline Winters. An emergency ordinance authoriz - the City of Cleveland: ing the Director of Public Utilities Section 1. That the Director of CONGRATULATION RESOLUTIONS to employ one or more professional Public Utilities is authorized to consultants to develop a five-year enter into an amendment to Contract The rules were suspended and the business strategy plan, for the Divi - No. 69505 with Woolpert, Inc. to following Resolutions were adopted sion of Cleveland Public Power, implement improvements to the without objection: Department of Public Utilities. Division of Water’s Geographic Whereas, this ordinance consti - Information System, for a period up Res. No. 547-11— Agnes Lyles. tutes an emergency measure provid - to two years. Res. No. 548-11— Patrol Officer ing for the usual daily operation of Section 2. That this ordinance is James J. Gnew. a municipal department; now, there - declared to be an emergency measure Res. No. 549-11— David Kushner. fore, and, provided it receives the affirma - Be it ordained by the Council of tive vote of two-thirds of all the mem - RECOGNITION RESOLUTIONS the City of Cleveland: bers elected to Council, it shall take Section 1. That the Director of effect and be in force immediately The rules were suspended and the Public Utilities is authorized to upon its passage and approval by the following Resolutions were adopted employ by contract or contracts one Mayor; otherwise it shall take effect without objection: or more consultants or one or more and be in force from and after the ear - firms of consultants for the purpose liest period allowed by law. Res. No. 550-11— Cinco de Mayo. of supplementing the regularly Referred to Directors of Public Util - Res. No. 551-11— Save Our Commu - employed staff of the several depart - ities, Finance, Law; Committees on nities: Books Not Bombs, Jobs Not ments of the City of Cleveland in Public Utilities, Finance. Jails, Families Not Foreclosures. order to provide professional ser - Res. No. 552-11— Cuyahoga County vices necessary to develop a five- Ord. No. 531-11. Fatherhood Initiative. year business strategy plan for the By Council Member Polensek. Division of Cleveland Public Power. An emergency ordinance authoriz - FIRST READING EMERGENCY The selection of the consultants for ing the sale of real property as part ORDINANCES REFERRED the services shall be made by the of the Land Reutilization Program Board of Control on the nomination of and located at on 16816 Lake Shore Ord. No. 528-11. the Director of Public Utilities from a Boulevard to Tuzzan, LTD. By Council Members Kelley and list of qualified consultants available Whereas, the City of Cleveland Sweeney (by departmental request). for employment as may be determined has elected to adopt and implement An emergency ordinance authoriz - after a full and complete canvass by the procedures under Chapter 5722 ing the Director of Public Utilities the Director of Public Utilities for the of the Ohio Revised Code to facili - to employ one or more professional purpose of compiling a list. The com - tate reutilization of nonproductive consultants to perform a rate study pensation to be paid for the services lands situated within the City of for the Division of Cleveland Public shall be fixed by the Board of Control. Cleveland; and Power, Department of Public Utili - The contract or contracts authorized Whereas, real property acquired ties. shall be prepared by the Director of under the City’s Land Reutilization Whereas, this ordinance consti - Law, approved by the Director of Pub - Program is acquired, held, adminis - tutes an emergency measure provid - lic Utilities, and certified by the tered and disposed by the City of ing for the usual daily operation of Director of Finance. Cleveland through its Department of a municipal department; now, there - Section 2. That the cost of contract Community Development under the fore, or contracts authorized shall be paid terms of Chapter 5722 of the Ohio Be it ordained by the Council of from Fund No. 58 SF 001, Request No. Revised Code and Section 183.021 of the City of Cleveland: RQS 2004, RL 2011-40. Codified Ordinances of the City of Section 1. That the Director of Section 3. That this ordinance is Cleveland, 1976; and Public Utilities is authorized to declared to be an emergency measure Whereas, this ordinance consti - employ by contract or contracts one and, provided it receives the affirma - tutes an emergency measure provid - or more consultants or one or more tive vote of two-thirds of all the mem - ing for the usual daily operation of firms of consultants for the purpose bers elected to Council, it shall take a municipal department; now, there - of supplementing the regularly effect and be in force immediately fore, employed staff of the several depart - upon its passage and approval by the Be it ordained by the Council of ments of the City of Cleveland in Mayor; otherwise it shall take effect the City of Cleveland: order to provide professional ser - and be in force from and after the ear - Section 1. That under Section vices necessary to perform a rate liest period allowed by law. 183.021 of the Codified Ordinances of study for the Division of Cleveland Referred to Directors of Public Util - Cleveland, Ohio 1976, the Commis - Public Power. ities, Finance, Law; Committees on sioner of Purchases and Supplies is The selection of the consultants for Public Utilities, Finance. authorized to sell the real property, the services shall be made by the more fully described below, to Tuz - Board of Control on the nomination of Ord. No. 530-11. zan LTD. the Director of Public Utilities from a By Council Members Kelley and Section 2. That the real property to list of qualified consultants available Sweeney (by departmental request). be sold pursuant to this ordinance is for employment as may be determined An emergency ordinance authoriz - more fully described as follows: after a full and complete canvass by ing the Director of Public Utilities the Director of Public Utilities for the to enter into an amendment to Con - P. P. No. 113-21-006 purpose of compiling a list. The com - tract No. 69504 with Woolpert, Inc. Situated in the City of Cleveland, pensation to be paid for the services to provide additional improvements County of Cuyahoga and State of shall be fixed by the Board of Control. to the Division of Water’s Geo - Ohio: and known as being part of The contract or contracts authorized graphic Information System, for the Sublot Nos. 59 and 60 in Moreland shall be prepared by the Director of Department of Public Utilities, for a Allotment of part of Original Euclid Law, approved by the Director of Pub - period up to two years. Township Tract No. 15, as shown by lic Utilities, and certified by the Whereas, under Ordinance No. the recorded plat in Volume 64, of Director of Finance. 1657-08, passed December 8, 2008, Maps, Page 29 of Cuyahoga County Section 2. That the cost of contract this Council authorized the Director Records, and together forming a par - or contracts authorized shall be paid of Public Utilities to employ one or cel of land bounded and described as from Fund No. 58 SF 001, Request No. more professional consultants, soft - follows: RQS 2004, RL 2011-38. ware developers, or vendors to Beginning on the Southerly line of Section 3. That this ordinance is implement improvements to the Lakeshore Boulevard N.E., at the declared to be an emergency measure Division of Water’s IT Master Plan Northwesterly corner of said Sublot and, provided it receives the affirma - and Geographic Information System, No. 60; thence Southerly along the tive vote of two-thirds of all the mem - and other related services for a peri - Westerly line of said Sublot No. 60, 85 bers elected to Council, it shall take od of two years; and feet; thence Easterly on a line paral - 582 April 20, 2011 The City Record 7 lel to said Southerly line of Lakeshore Be it ordained by the Council of southerly line of land so conveyed to Boulevard N.E. 85 feet; thence the City of Cleveland: TARMEEK LLC, and along the Northerly on a line parallel to the Section 1. That under Section southerly line of land conveyed to Westerly line of said Sublot No. 59, 85 183.021 of the Codified Ordinances of Gwendolyn Hunter by deed dated feet to said Southerly line of Cleveland, Ohio 1976, the Commis - May 16, 2007 and recorded in Auditor’s Lakeshore Boulevard N.E.; thence sioner of Purchases and Supplies is File Number 200705160812 of Cuya - Westerly along said Southerly line of authorized to sell the real property, hoga County Deed Records, 35.00 feet Lakeshore Boulevard N.E. 85 feet to more fully described below, to to a 5/8" iron pin set at the northwest - the Place of beginning as appears by Tarmeek, LLC. erly corner of land conveyed to Gloria said plat, be the same more or less, Section 2. That the real property to Robinson by deed dated September 21, but subject to all legal highways. be sold pursuant to Section 1 of this 1981 and recorded in Volume 15486, Together with a common driveway Ordinance is more fully described as Page 149 of Cuyahoga County Deed created by instrument dated August follows: Records; Thence South 00°32'53" East 4, 1925 and recorded in Volume 3310, along the westerly line of land so con - Page 369 of Cuyahoga County P. P. No. 109-12-004 veyed to Gloria Robinson, 45.00 feet to Records. Situated in the City of Cleveland, a 5/8" iron pin set; Thence South Section 3. That all documents neces - County of Cuyahoga and State of Ohio 89°31'41" West along a division line, sary to complete the conveyance and known as being the Westerly 145 35.00 feet to the principal place of authorized by this ordinance shall be feet of Sublot No. 3 in G.M. Hicks and beginning, and containing 0.0362 executed within six (6) months of the H.C. King’s Subdivision of part of acres of land as surveyed by Bemba effective date of this ordinance. If all Original One Hundred Acre No. 370, as K. Jones, P.S. 7343, in December of of the documents are not executed shown by the recorded plat in Volume 2010. Deed Of Reference: Land con - within six (6) months of the effective 22 of Maps, Page 20 of Cuyahoga veyed to the City of Cleveland, Ohio date of this ordinance, or such addi - County Records, being 45 feet front on “Land Reutilization Program” by tional time as may be granted by the the Easterly side of East 105th Street, deed dated June 5, 1980, and recorded Director of Community Development, and extending back of equal width in Volume 15258, Page 269 of Cuya - this ordinance shall be repealed and 145 feet, as appears by said plat. hoga County Deed Records. shall be of no further force or effect. Section 3. That under Section Section 5. That all documents neces - Section 4. That the consideration 183.021 of the Codified Ordinances of sary to complete the conveyance for the subject parcel shall be estab - Cleveland, Ohio 1976, the Commission - authorized by this ordinance shall be lished by the Board of Control and er of Purchases and Supplies is autho - executed within six (6) months of the shall be not less than Fair Market rized to sell the real property, more effective date of this ordinance. If all Value taking into account such terms fully described below, to Tarmeek, of the documents are not executed and conditions, restrictions and LLC. within six (6) months of the effective covenants as are deemed necessary or Section 4. That the real property to date of this ordinance, or such addi - appropriate. be sold pursuant to this Ordinance is tional time as may be granted by the Section 5. That the conveyance more fully described as follows: Director of Community Development, authorized hereby shall be made by this ordinance shall be repealed and official deed prepared by the Director P. P. No. 109-12-075-B shall be of no further force or effect. Situated in the City of Cleveland, Section 6. That the consideration of Law and executed by the Mayor on County of Cuyahoga, and State of for the subject parcel shall be estab - behalf of the City of Cleveland. The Ohio, and known as being part of lished by the Board of Control and deed shall contain such provisions as Sublot Nos. 3 and 4 in the G. M. Hicks shall be not less than Fair Market may be necessary to protect and bene - and H. C. King’s Subdivision of part Value taking into account such terms fit the public interest including such of Original 100 Acre Lot No. 370, as and conditions, restrictions and restrictive covenants and reversion - recorded in Volume 22, Page 20 of covenants as are deemed necessary or ary interests as may be specified by Cuyahoga County Map Records, and appropriate. the Board of Control, the Director of being described as follows: Section 7. That the conveyance Community Development or the Beginning at the intersection of the authorized hereby shall be made by Director of Law. centerline of East 105th Street (60 feet official deed prepared by the Director Section 6. That this ordinance is wide) and the centerline of Columbia of Law and executed by the Mayor on hereby declared to be an emergency Avenue (60 feet wide); behalf of the City of Cleveland. The measure and, provided it receives the Thence North 89°31'41" East along deed shall contain such provisions as affirmative vote of two-thirds of all the centerline of Columbia Avenue, may be necessary to protect and bene - the members elected to Council, it passing through a stone monument fit the public interest including such shall take effect and be in force imme - found (1.27 feet south, 1.28 feet east) restrictive covenants and reversion - diately upon its passage and approval at 30.00 feet on the easterly right of ary interests as may be specified by by the Mayor; otherwise it shall take way of East 105 Street, a distance of the Board of Control, the Director of effect and be in force from and after 175.00 feet to a p.k. nail set; Thence Community Development or the the earliest period allowed by law. North 00°32'53" West, 30.00 feet to the Director of Law. Referred to Directors of Community northerly right of way of Columbia Section 8. That this ordinance is Development, City Planning Commis - Avenue at the southeasterly corner of hereby declared to be an emergency sion, Finance, Law; Committees on land conveyed to Leon Manigault and measure and, provided it receives the Community and Economic Develop - Virginia Manigault by deed dated affirmative vote of two-thirds of all ment, Finance. May 13, 1986 and recorded in Volume the members elected to Council, it 86-2840, Page 36 of Cuyahoga County shall take effect and be in force imme - Ord. No. 532-11. Deed Records; Thence North diately upon its passage and approval By Council Member J. Johnson. 00°32'53" West along the easterly by the Mayor; otherwise it shall take An emergency ordinance authoriz - line of land so conveyed to Leon Mani - effect and be in force from and after ing the sale of real property as part gault and Virginia Manigault, and the earliest period allowed by law. of the Land Reutilization Program along the easterly line of land con - Referred to Directors of Community and located at East 105th Street and veyed to Leon Manigault and Vir - Development, City Planning Commis - Columbia Avenue to Tarmeek, LLC. ginia Manigault by deed dated May sion, Finance, Law; Committees on Whereas, the City of Cleveland 13, 1986 and recorded in Volume 86- Community and Economic Develop - adopted and implemented proce - 2840, Page 38 of Cuyahoga County ment, Finance. dures under Chapter 5722 of the Deed Records, 95.00 feet to a 5/8" iron Ohio Revised Code to facilitate pin set at the southeasterly corner of Ord. No. 539-11. reutilization of nonproductive lands land conveyed to the City of Cleve - By Council Member Reed. situated within the City of Cleve - land, Ohio “Land Reutilization Pro - An emergency ordinance authoriz - land; and gram” by deed dated September 18, ing the sale of real property as part Whereas, real property acquired 1991 and recorded in Volume 91-5990, of the Land Reutilization Program under the City’s Land Reutilization Page 27 of Cuyahoga County Deed and located at 4350 Warner Road to Program is acquired, held, adminis - Records, and also being the principal Richard Bossone and Kathye tered and disposed of by the City of place of beginning of the lands Bossone. Cleveland through its Department of described herein; Thence North Whereas, the City of Cleveland Community Development under the 00°32'53" West along the easterly has elected to adopt and implement terms of Chapter 5722 of the Ohio line of land so conveyed to the City of the procedures under Chapter 5722 Revised Code and Section 183.021 of Cleveland, Ohio “Land Reutilization of the Ohio Revised Code to facili - Codified Ordinances of the City of Program” 45.00 feet to a 5/8" iron pin tate reutilization of nonproductive Cleveland, 1976; and set on the southerly line of land con - lands situated within the City of Whereas, this ordinance consti - veyed to TARMEEK LLC by deed Cleveland; and tutes an emergency measure provid - dated November 19, 2008 and recorded Whereas, real property acquired ing for the usual daily operation of in Auditor’s File Number 200811190498 under the City’s Land Reutilization a municipal department; now there - of Cuyahoga County Records; Thence Program is acquired, held, adminis - fore, North 89°31'41" East along the tered and disposed by the City of 583 8 The City Record April 20, 2011

Cleveland through its Department of and bounded and described as fol - lished by the Board of Control and Community Development under the lows: shall be not less than Fair Market terms of Chapter 5722 of the Ohio Beginning on the Westerly line of Value taking into account such terms Revised Code and Section 183.021 of Warner Road, a point distant 5 feet and conditions, restrictions and Codified Ordinances of the City of Southerly measured along said West - covenants as are deemed necessary or Cleveland, 1976; and erly line from the Northeasterly cor - appropriate. Whereas, this ordinance consti - ner of said Sublot No. 2; thence Section 5. That the conveyance tutes an emergency measure provid - Southerly along the Westerly line of authorized hereby shall be made by ing for the usual daily operation of Warner Road, 49 feet, 4-1/5 inches to official deed prepared by the Director a municipal department; now, there - the Southeasterly corner of said of Law and executed by the Mayor on fore, Sublot No. 2; thence Westerly along behalf of the City of Cleveland. The Be it ordained by the Council of the Southerly line of said Sublot No. 2, deed shall contain such provisions as the City of Cleveland: 147 feet, 2-2/5 inches to the South - may be necessary to protect and bene - Section 1. That under Section westerly corner; thence Northerly fit the public interest including such 183.021 of the Codified Ordinances of along the Westerly line of said Sublot restrictive covenants and reversion - Cleveland, Ohio 1976, the Commis - No. 2, 45 feet to a point; ary interests as may be specified by sioner of Purchases and Supplies is thence Easterly in a direct line to the Board of Control, the Director of authorized to sell the real property, the place of beginning, be the same Community Development or the more fully described below, to more or less, but subject to all legal Director of Law. Richard Bossone and Kathye highway Section 6. That this ordinance is Bossone. Section 3. That all documents neces - hereby declared to be an emergency Section 2 . That the real property to sary to complete the conveyance measure and, provided it receives the be sold pursuant to this ordinance is authorized by this ordinance shall be affirmative vote of two-thirds of all more fully described as follows: executed within six (6) months of the the members elected to Council, it effective date of this ordinance. If all shall take effect and be in force imme - P. P. No. 134-14-120 of the documents are not executed diately upon its passage and approval Situated in the City of Cleveland, within six (6) months of the effective by the Mayor; otherwise it shall take County of Cuyahoga and State of Ohio date of this ordinance, or such addi - effect and be in force from and after and known as being part of Sublot No. tional time as may be granted by the the earliest period allowed by law. 2 on A.W. an G.H. Brainard’s Allot - Director of Community Development, Referred to Directors of Community ment of part of Original One Hundred this ordinance shall be repealed and Development, City Planning Commis - Acre Lot Nos. 471 and 472, as shown by shall be of no further force or effect. sion, Finance, Law; Committees on the recorded plat in Volume 9 of Maps, Section 4. That the consideration Community and Economic Develop - Page 3 of Cuyahoga County Records for the subject parcel shall be estab - ment, Finance.

FIRST READING ORDINANCES REFERRED

Ord. No. 540-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 48 Street and E. 74 Street to Multi-Family Residential, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2360, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Superior Avenue with its intersection with the southerly prolongation of the centerline of East 58th Street; Thence northerly along said centerline to its intersection with the westerly prolongation of the centerline of Pohar Court; Thence northeasterly along said centerline of Pohar Court and along its easterly prolongation to its intersection with the centerline of East 59th Street; Thence southerly along said centerline of East 59th Street to its intersection with the westerly prolongation of the southerly line of Sublot No. 10 in the Marianna B. Sterling Subdivision shown on the recorded plat in Volume 4, Page 10 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation of said southerly line and along its easterly prolongation to its intersection with the centerline of East 60th Street; Thence northerly along said centerline of East 60th Street to its intersection with the northwesterly prolongation of the southerly line of Sublot No. 6 in the S. S. Lyon & Harry Hunt Subdivision shown on the recorded plat in Volume 4, Page 42 of Cuyahoga County Map Records; Thence southeasterly along said northwesterly prolongation and said southerly line and continuing along its south - easterly prolongation to its intersection with the westerly line of the N. Helbig Subdivision shown on the recorded plat in Volume 10, Page 30 of Cuyahoga County Map Records; Thence southwesterly along said westerly line to its intersection with the northerly line of Sublot No. 20 in the afore - mentioned N. Helbig Subdivision; Thence southeasterly along said northerly line of Sublot No. 20 and along its easterly prolongation to its intersection with the centerline of East 61st Street; Thence southerly along said centerline of East 61st Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 14 in the John & Anna E. Schott Lots 20 & 53 Resubdvision as shown on the recorded plat in Volume 24, Page 18 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation of said northerly line and continuing along its northeasterly line to its intersection with the southerly line of Sublot No.6 in the aforementioned John & Anna E. Schott Resubdivision; Thence northeasterly along said northerly line and along its easterly prolongation to its intersection with the center - line of Norwood Road; Thence southerly along said centerline of Norwood Road to its intersection with the westerly prolongation of the southerly line of Sublot No. 4 in the Beckenbaugh Subdivision not recorded; Thence northeasterly along said westerly prolongation of said southerly line to its intersection with the westerly line of Sublot No. 15 in aforementioned Beckenbaugh Subdivision; Thence northerly along said westerly line to its intersection with the southerly line of Sublot Number 13 in the afore - mentioned Beckenbaugh Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the easterly line of Sublot Number 14 in the aforementioned Beckenbaugh Subdivision; Thence northerly along said easterly line and along its northerly prolongation to its intersection with the centerline of Edna Avenue; Thence easterly along said centerline of Edna Avenue to its intersection with the northerly prolongation of the cen - terline of East 67th Street ; 584 April 20, 2011 The City Record 9

Thence southerly along said prolongation of the centerline of East 67th Street to its intersection with the westerly pro - longation of the centerline of Bayliss Avenue; Thence northeasterly along said prolongation and said centerline of Bayliss Avenue and continuing along its north - easterly prolongation to its intersection with the centerline of Addison Road; Thence southeasterly along said centerline of Addison Road to its intersection with the southwesterly prolongation of the northerly line of Sublot No. 26 in the E. W. Andrews 2nd Subdivision shown on the recorded plat in Volume 15, Page 15 of Cuyahoga County Map Records; Thence northeasterly along said southwesterly prolongation of said northerly line to its intersection with the easter - ly line thereof; Thence southerly along said easterly line to its intersection with the northerly line of Sublot No. 33 in the aforemen - tioned E. W. Andrews 2nd Subdivision; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of East 71st Street; Thence southerly along said centerline of East 71st Street to its intersection with the westerly prolongation of the cen - terline of Myron Avenue; Thence easterly along said westerly prolongation of said centerline of Myron Avenue to its intersection with the cen - terline of East 74th Street; Thence southerly along said centerline of East 74th Street and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence westerly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the westerly line of Sublot No. 24 in the Geo. Sell Subdivision shown on the recorded plat in Volume 14, Page 26; Thence southerly along said northerly prolongation of said westerly line of Sublot No. 24 to its intersection with the southerly line thereof; Thence westerly along said southerly line and along its westerly prolongation to its intersection with the centerline of Addison Road; Thence southeasterly along said centerline of Addison Road to its intersection with the centerline of Wade Park Avenue; Thence southwesterly along said centerline of Wade Park Avenue to its intersection with the centerline of Giddings Road; Thence northwesterly along said centerline of Giddings Road to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Douglas Campbell Jr. by deed dated July 17, 2006 and recorded in Auditor’s File Number 200607170884; Thence westerly along said easterly prolongation of said northerly line to its intersection with the easterly line of Sublot No. 12 in the Henry Keller Subdivision shown on the recorded plat in Volume 20, Page 18 of Cuyahoga County Map Records; Thence northerly along said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of Russell Road; Thence northerly along said centerline of Russell Road to its intersection with the easterly prolongation of the southerly line of Sublot No. 34 in the M & M Halle Subdivision shown on the recorded plat in Volume 13, Page 24 of Cuya - hoga County Map Records; Thence westerly along said easterly prolongation of said southerly line to its intersection with the northerly prolon - gation of the easterly line of Sublot No. 30 in the aforementioned M & M Halle Subdivision; Thence southerly along said northerly prolongation of said easterly line to its intersection with the northerly line thereof; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of East 68th Street; Thence northerly along said centerline of East 68th Street to its intersection with the easterly prolongation of the northerly line of Sublot No. 4 in the aforementioned M & M Halle Subdivision; Thence westerly along said easterly prolongation of said northerly line to its intersection with the northerly line of a parcel of land conveyed to Christina Ermidis by deed dated January 20, 2005 and recorded in Auditor’s File Number 200501200489; Thence northwesterly along said northerly line and along its westerly prolongation to its intersection with the cen - terline of East 66th Street; Thence northerly along said centerline of East 66th Street to its intersection with the easterly prolongation of the northerly line of Sublot No. 3 in the Anna B. Emrich Subdivision shown on the recorded plat in Volume 445, Page 335 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation and said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northerly line of Sublot No. 91 in Cuyahoga Coun - ty Map Records; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of East 65th Street; Thence southerly along said centerline of East 65ht Street to its intersection with the easterly prolongation of the southerly line of the Marianne B. Sterling Subdivision shown on the recorded plat in Volume 4, Page 60 of Cuyahoga County Map Records; Thence westerly along said prolongation of said southerly line to its intersection with the westerly line of Sublot No. 5 in the aforementioned Marianne B. Sterling Subdivision; Thence northwesterly along said westerly line and along its northerly prolongation to its intersection with the cen - terline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the centerline of East 58th Street and the principal place of beginning. and as shaded on the attached map is changed to a Multi-Family Residential District, a ‘C’ Area District and a ‘1’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2360, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 585 10 The City Record April 20, 2011

Referred to Directors of City Planning Commission, Law; Committee on City Planning.

Ord. No. 541-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 71st Street and E. 77th Street to Local Retail Business, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2361, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of Superior Avenue at its intersection with the southerly prolongation of the centerline of East 74th Street; Thence northerly along said southerly prolongation of said centerline of East 74th Street to its intersection with the westerly prolongation of the northerly line of Sublot No. 1 in the W.J. Crawford Subdivision shown on the recorded plat in Volume 21, Page 29; Thence easterly along said westerly prolongation of said northerly line and continuing along its easterly prolonga - tion to its intersection with the westerly line of Sublot No. 3 in the aforementioned W.J. Crawford Subdivision; Thence northerly along said westerly line to its intersection with the northerly line thereof; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the westerly line of Sublot No. 5 in the aforementioned W.J. Crawford Subdivision; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence easterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the cen - terline of E. 76 Place; Thence southerly along said northerly prolongation and said centerline and continuing along its southerly prolonga - tion to its intersection with the northerly line of Sublot No. 6 in the James Decker Subdivision shown on the recorded plat in Volume 7, Page 26 of Cuyahoga County Map Records; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the westerly line of Sublot No. 9 in the aforementioned James Decker Subdivision; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the southerly line of Sublot No. 11 in the Morganstern Est. Not Recorded, said southerly line also being known as the northerly line of Cuyahoga County’s Permanent Parcel Number 106-04-016; Thence westerly along said southerly line and along its westerly prolongation to its intersection with a westerly line of Sublot No. 21 in the aforementioned Morganstern Est. subdivision not recorded, said parcel also being known as Cuya - hoga County’s Permanent Parcel Number 106-04-018; 586 April 20, 2011 The City Record 11

Thence southerly along said westerly line to its intersection with the northerly line of Sublot No. 20 in the aforemen - tioned Morganstern Est. subdivision, said line also being known as the northerly line of Cuyahoga County’s Permanent Parcel Number 106-04-110; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the westerly line of Sublot No. 23 in the aforementioned Morganstern Est. subdivision, said parcel being known as Cuyahoga Coun - ty’s Permanent Parcel Number 106-04-023; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the centerline of Star Avenue; Thence westerly along said centerline of Star Avenue to its intersection with the southerly prolongation of the west - erly line of Sublot No. 14 in the GEO. Sell subdivision shown on the recorded plat in Volume 14, Page 26 of Cuyahoga County Map Records; Thence northerly along said southerly prolongation and said westerly line to its intersection with the southerly line of Sublot No. 25 in the aforementioned GEO. Sell subdivision; Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the centerline of East 74th Street and the principal place of beginning. and as shaded on the attached map is changed to a Local Retail Business District, a ‘C’ Area District and a ‘1’ Height Dis - trict. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2361, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Referred to Directors of City Planning Commission, Law; Committee on City Planning. 587 12 The City Record April 20, 2011

Ord. No. 542-11. By Council Member Dow. An ordinance to change the Use, Area and Height District of land on the north and south sides of Superior Avenue between E. 79th Street and E. 91st Street to Multi-Family Residential, a ‘C’ Area District, and a ‘1’ Height District (Map Change No. 2359, Sheet No. 4 ). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use, Area and Height Districts of lands bounded and described as follows: Beginning in the centerline of East 79th Street at its intersection with the centerline of Superior Avenue; Thence northerly along said centerline of East 79th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 46 in the J. H Hardy Subdivision shown on the recorded plat in Volume 5, Page 31 of Cuyahoga County Map Records; Thence northeasterly along said southerly line and along its easterly prolongation to its intersection with the center - line of E. 79th Place; Thence southerly along said centerline of E. 79th Place to its intersection with the westerly prolongation of the southerly line of Sublot Number 4 in the Bergholz & Binder Subdivision shown on the recorded plat in Volume 8, Page 5; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 80th Street; Thence northerly along said centerline of East 80th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 47 in the L. Breckenridge Subdivision shown on the recorded plat in Volume 5, Page 54 of Cuyahoga County Map Records; Thence northeasterly along said westerly prolongation to its intersection with the northerly prolongation of the west - erly line of Sublot Number 26 in the aforementioned L. Breckenridge Subdivision; Thence southerly along said northerly prolongation of said westerly line and along its southerly prolongation to its intersection with the southerly line of Sublot Number 27 in the aforementioned L. Breckenridge Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 81st Street; Thence northerly along said centerline of East 81st Street to its intersection with the westerly prolongation of the northerly line of Sublot Number 29 in the Superior St. Subdivision shown on the recorded plat in Volume 26, Page 10 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said northerly line and along its easterly prolongation to its inter - section with the centerline of East 82nd Street; Thence northerly along said centerline of East 82nd Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 86 in the aforementioned Superior St. Subdivision; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 83rd Street; Thence northerly along said centerline of East 83rd Street to its intersection with the westerly prolongation of the northerly line of Sublot Number 140 in the aforementioned Superior St. Subdivision; Thence easterly along said westerly prolongation and said northerly line to its intersection with the easterly line of Sublot Number 141 in the aforementioned Superior St. Subdivision; Thence southerly along said easterly line to its intersection with the northerly line of a parcel of land conveyed to John Jackson by deed dated June 5, 2007 and recorded in Auditor’s File Number 200706050634 said parcel also being known as Cuyahoga County’s Permanent Parcel Number 107-09-040; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of East 84th Street; Thence northerly along said centerline of East 84th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 45 in the A. Poelking subdivision shown on the recorded plat in Volume 23, Page 11 of Cuyahoga County Map Records; Thence easterly along said westerly prolongation of said southerly line to its intersection with the easterly line of the aforementioned A. Poelking subdivision; Thence northerly along said easterly line to its intersection with the southerly line of Sublot Number 3 in the Cleve - land Land Co. subdivision Not Recorded, said line also being known as the northerly line of Cuyahoga County’s Perma - nent Parcel Number 107-09-036; Thence easterly along said southerly line and along its easterly prolongation to its intersection with the centerline of East 85th Street; Thence southerly along said centerline of East 85th Street and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the southerly prolongation of the westerly line of the Geo. M. Gloyd subdivision shown on the recorded plat in Volume 25, Page 6 in Cuyahoga County Map Records; Thence northerly along said southerly prolongation of said westerly to its intersection with the northerly line of Sublot Number 4 in the aforementioned Geo. M. Gloyd subdivision; Thence easterly along said northerly line of Sublot Number 4 and along its easterly prolongation to its intersection with the centerline of E. 87th Street; Thence northerly along said centerline of E. 87th Street to its intersection with the westerly prolongation of the southerly line of Sublot Number 51 in the aforementioned Geo. M. Gloyd subdivision; Thence easterly along said southerly line to its intersection with the westerly line of the L. Breckenridge subdivision shown on the recorded plat in Volume 5, Page 64 of Cuyahoga County Map Records; Thence northerly along said westerly line to its intersection with the southerly line of the Mercy J. Phillips subdivi - sion shown on the recorded plat in Volume 26, Page 23 of Cuyahoga County Map Records; 588 April 20, 2011 The City Record 13

Thence easterly along said southerly line of said Mercy J. Phillips subdivision to its intersection with the northerly line of the easterly line of the aforementioned L. Breckenridge subdivision; Thence southerly along said easterly line to its intersection with the northerly line of Sublot Number 1 in the New Park subdivision shown on the recorded plat in Volume 24, Page 26 of Cuyahoga County Map Records; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the centerline of E. 90th Street; Thence southerly along said centerline and along its southerly prolongation to its intersection with the centerline of Superior Avenue; Thence northeasterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the centerline of E. 91st Street; Thence southerly along said northerly prolongation said centerline to its intersection with the easterly prolongation of the southerly line of Sublot Number 4 in the Wade Park & Superior subdivision shown on the recorded plat in Volume 21, Page 5 of Cuyahoga County Map Records; Thence westerly along said easterly prolongation of said southerly line to its intersection with the westerly line there - of; Thence southerly along said westerly line and along its southerly line to its intersection with the northerly line of Sublot Number 79 in the aforementioned Wade Park & Superior Subdivision; Thence westerly along said northerly line of Sublot Number 79 and along its westerly prolongation to its intersection with the centerline of E. 90th Street; Thence northerly along said centerline of E. 90th Street to its intersection with the centerline of Beloit Ct.; Thence westerly along said centerline of Beloit Ct. to its intersection with the centerline of E. 89th Street; Thence southerly along said E. 89th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Gloria Montgomery by deed dated October 20, 1987 and shown in Auditor’s File Number V87768580010, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 107-14-115; Thence westerly along said easterly prolongation of said northerly line to its intersection with the westerly line there - of; Thence southerly along said westerly line and along its southerly prolongation to its intersection with the northerly line of Sublot Number 33 in the W.H. Vantine Jr. Trustee subdivision shown on the recorded plat in Volume 19, Page 29 of Cuyahoga County Map Records; Thence westerly along said northerly line of Sublot Number 33 and continuing along its westerly prolongation to its intersection with the centerline of E. 88th Street; Thence northerly along said centerline of E. 88th Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 2 in the W. H. Vantine Jr. Subdivision shown on the recorded plat in Volume 19, Page 29 in Cuyahoga County Map Records; Thence southwesterly along said easterly prolongation of said northerly line and along its westerly line to its inter - section with the centerline of E. 86th Street; Thence northerly along said centerline of E. 86th Street to its intersection with the centerline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the northerly prolongation of the centerline of E. 85th Street; Thence southerly along said northerly prolongation and said centerline to its intersection with the easterly prolon - gation of the northerly line of Sublot Number 100 in the J.H. Wade Subdivision shown on the recorded plat in Volume 27, Page 17; Thence westerly along said easterly prolongation to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northerly line of Sublot Number 95 in the afore - mentioned J. H. Wade Subdivision; Thence westerly along northerly line and along its westerly prolongation to its intersection with the centerline of E. 84th Street; Thence northerly along said centerline of E. 84th Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 64 in the aforementioned J.H. Wade Subdivision; Thence westerly along said easterly prolongation and said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line and to its intersection with the northerly line of Sublot Number 58 in the aforementioned J. H. Wade Subdivision; Thence westerly along said northerly line and along its westerly prolongation to its intersection with the centerline of E. 82nd Street; Thence northerly along said centerline of E. 82nd Street to its intersection with the easterly prolongation of the northerly line of Sublot Number 32 in the aforementioned J.H. Wade Subdivision; Thence westerly along said easterly prolongation and said northerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the centerline of Superior Avenue; Thence southwesterly along said centerline of Superior Avenue to its intersection with the centerline of E. 79th Street and the principal place of beginning. and as shaded on the attached map is changed to a Multi-Family Residential District, a ‘C’ Area District and a ‘1’ Height District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2359, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. 589 14 The City Record April 20, 2011

Referred to Directors of City Planning Commission, Law; Committee on City Planning.

FIRST READING EMERGENCY intends to remediate the property, Be it resolved by the Council of the RESOLUTIONS REFERRED known as the Emerald Alliance VII City of Cleveland: project site, consisting of a three Section 1. That this Council sup - Res. No. 533-11. story, 34,000 square foot brick/con - ports Cuyahoga County’s grant appli - By Council Members Brancatelli crete commercial-retail structure cation to the Clean Ohio Council for and Sweeney (by departmental (circa 1918) which formerly housed Clean Ohio Assistance funds to be request). a Masonic Temple Hall, a funeral used for the redevelopment of the An emergency resolution support - home, and a furniture and casket Emerald Alliance VII site. ing Cuyahoga County’s grant applica - manufacturing and sales operation Section 2. That the Clerk of Council tion to the Clean Ohio Council for (along with a second structure used is directed to send copies of this reso - Clean Ohio Assistance Funds to be as a garage), for redevelopment into lution to the Board of Cuyahoga Coun - used for the redevelopment of the forty units of permanent supportive ty Commissioners and to the Clean Emerald Alliance VII site. housing with ancillary services Ohio Council. Whereas, the State of Ohio, including case management offices, Section 3. That this resolution is through the Clean Ohio Council, pro - property management offices, laun - declared to be an emergency measure vides financial assistance to local dry, and community room areas; and and, provided it receives the affirma - governments for the purpose of Whereas, the Clean Ohio Assis - tive vote of two-thirds of all the mem - addressing local needs; and tance Fund grant is vital to making bers elected to Council, it shall take Whereas, Cuyahoga County is sub - the completion of the redevelopment effect and be in force immediately mitting a Clean Ohio Assistance of the Emerald Alliance VII site pro - upon its adoption and approval by the Fund Program application to com - ject economically feasible; and Mayor; otherwise it shall take effect plete eligible activities, including Whereas, the City of Cleveland and be in force from and after the ear - but not limited to the performance approves and authorizes Cuyahoga liest period allowed by law. of remedial activities at the future County to submit a Clean Ohio Referred to Directors of Community Emerald Alliance VII Permanent Assistance Fund application for Development, Finance, Law; Commit - Supportive Housing Redevelopment work to redevelop the Emerald tees on Community and Economic site; and Alliance VII site, and that the Dis - Development, Finance. Whereas, the redevelopment of the trict 1 Integrating Committee of the future Emerald Alliance VII Perma - Ohio Public Works Commission and FIRST READING EMERGENCY nent Supportive Housing project the Clean Ohio Council are encour - ORDINANCES READ IN FULL area is in an approximately 0.5242- aged to fund this innovative and AND PASSED acre property located principally at worthwhile project; and 9431 Lorain Avenue and 3147 West Whereas, this resolution consti - Ord. No. 527-11. 95th Street identified as Permanent tutes an emergency measure provid - By Council Members Pruitt and Parcel Numbers 017-03-012 and 017- ing for the usual daily operation of Sweeney (by departmental request). 03-114 in the City of Cleveland; and a municipal department; now, there - An emergency ordinance approving Whereas, Cuyahoga County fore, the collective bargaining agreement 590 April 20, 2011 The City Record 15 with the Ohio Patrolmen’s Benevolent Yuk Yuk’s Bar & Grill, Inc., DBA N The rules were suspended. Yeas Association – Chief Dispatchers. Yuk N Yuk’s, 3314 Broadview Road, 19. Nays 0. Read second time. Read Whereas, this ordinance consti - 1st floor and basement, Cleveland, third time in full. Adopted. Yeas tutes an emergency measure provid - Ohio 44109, Permanent Number 18. Nays 1. ing for the usual daily operation of 6483695 be and the same is hereby Those voting yea: Council Members a municipal department; now, there - withdrawn and Resolution No. 1107- Sweeney, Brady, Brancatelli, Cimper - fore, 10, containing such objection, be and man, Cleveland, Conwell, Cummins, Be it ordained by the Council of the the same is hereby repealed and that Dow, J. Johnson, K. Johnson, Keane, City of Cleveland: this Council consents to the immedi - Kelley, Miller, Mitchell, Pruitt, Reed, Section 1. That under division (B) ate renewal thereof. Westbrook, Zone. of Section 4117.10 of the Revised Code, Section 2. That this resolution is Those voting nay: Council Member this Council approves the collective hereby declared to be an emergency Polensek. bargaining agreement with the Ohio measure and provided it receives the Patrolmen’s Benevolent Association – affirmative vote of two-thirds of all Res. No. 553-11. Chief Dispatchers, under the terms the members elected to Council, it By Mayor Jackson and Council contained in File No. 527-11-A, for the shall take effect and be in force imme - Member Zone. period from April 1, 2010 through diately upon its adoption and An emergency resolution establish - March 31, 2013, and which provides, approval by the Mayor; otherwise, it ing a Citywide taskforce to 1) plan among other things, for an increase in shall take effect and be in force from how the City of Cleveland facilities the salaries and wages for members and after the earliest period allowed will accept and dispose of phone of the bargaining unit under the fol - by law. books in a way that reduces waste lowing schedule: Motion to suspend rules, Charter, and encourages recycling, 2) educate and statutory provisions and place residents on ways to stop the delivery Increase Approximate Date on final adoption. of unwanted phone books, 3) study of Increase* The rules were suspended. Yeas the economic benefits that phone 19. Nays 0. Read second time. Read books provide to the small and mid- 0% April 1, 2010 third time in full. Adopted. Yeas sized businesses of Cleveland, and 4) 0% April 1, 2011 19. Nays 0. study if legislative solutions are 3% April 1, 2012 needed to reduce the volume of Res. No. 544-11. unwanted phone books and the costs * Wage increases shall be effective By Council Members Brancatelli, associated with disposing of phone as follows: Westbrook, Zone and Conwell. books. (a) If April 1st falls in the first An emergency resolution opposing Whereas, unwanted phone books week of a pay period, then the wage Sub. S.B. 17 that would allow con - create a tremendous amount of increase shall be effective commenc - cealed weapons in bars, restaurants waste and cost the City of Cleveland ing at the beginning of that pay peri - other liquor permit premises. approximately $37,000 in 2010 to dis - od; or Whereas, last week, the Ohio Sen - pose of 1,100 tons of phone books in (b) If April 1st falls in the second ate passed Sub. S.B. 17, allowing land-fills; and week of a pay period, then the wage concealed weapons in any premises Whereas, in an age when the increase shall be effective commenc - that have been issued a liquor per - internet is used increasingly as a ing at the beginning of the next pay mit, including carry outs, restau - method of information-gathering, period. rants, nightclubs, clubs, hotels, shop - phone books continue to provide Section 2. That this ordinance is ping malls, marinas, museums and small and mid-sized Cleveland busi - declared to be an emergency measure sports stadiums; and nesses with an effective means of and, provided it receives the affirma - Whereas, this Council believes promoting their businesses and pro - tive vote of two-thirds of all the mem - that allowing concealed weapons in viding vital information to con - bers elected to Council, it shall take establishments such as these will sumers; and effect and be in force immediately not make workers or clientele any Whereas, similar to other opt-out upon its passage and approval by the more safe or secure; and programs with which consumers are Mayor; otherwise it shall take effect Whereas, this council encourages familiar, the phone book industry and be in force from and after the ear - the Ohio House to use common sense has created www.yellowpage - liest period allowed by law. and vote no on this bill because pas - soptout.com as a single site that per - Motion to suspend rules, Charter, sage would make liquor permit mits citizens to stop future directo - and statutory provisions and place premises unsafe and make patroniz - ry deliveries; and on final passage. ing these establishments risky and Whereas, voluntary industry and The rules were suspended. Yeas dangerous; and individual publisher efforts to 19. Nays 0. Read second time. Read Whereas, Sub. S. B. 17 is solidly reduce waste have resulted in sig - third time in full. Passed. Yeas 19. opposed by the Ohio Association of nificant reductions in paper usage Nays 0. Chiefs of Police, the Fraternal Order over the past four years; and of Police and by the Ohio Restau - Whereas, the City of Cleveland FIRST READING EMERGENCY rant Association; and recognizes that after learning of RESOLUTIONS READ IN FULL Whereas, this resolution consti - efforts by phone book publishers to AND ADOPTED tutes an emergency measure for the address the unwanted delivery of immediate preservation of public phone books, some municipalities Res. No. 543-11. peace, property, health, or safety, and states have rejected a legisla - By Council Member Kelley. now, therefore, tive approach to the issue; and An emergency resolution with - Be it resolved by the Council of the Whereas, the City of Cleveland drawing objection to the renewal of a City of Cleveland: also recognizes that other munici - D1, D2, D3 and D3A Liquor Permit at Section 1. That this Council hereby palities, such as Seattle and San 3314 Broadview Road, 1st floor and opposes Sub. S.B. 17 that would allow Francisco, have introduced legisla - basement, and repealing Resolution concealed weapons in bars, restau - tion creating opt-out programs, opt- No. 1107-10, objecting to said renewal. rants other liquor permit premises. in programs, bans on unsolicited dis - Whereas, this Council objected to Section 2. That the Clerk of Council tribution, and reimbursement a D1, D2, D3 and D3A Liquor Per - is hereby directed to transmit copies requirements for publishers to cities mit to 3314 Broadview Road, 1st of this resolution to Governor John for the cost of disposing and recy - floor and basement by Resolution Kasich and all members of the Ohio cling, and presently Cambridge, No. 1107-10 adopted by the Council legislature. Massachusetts is studying these ini - on August 18, 2010; and Section 3. That this resolution is tiatives; and Whereas, this Council wishes to hereby declared to be an emergency Whereas, demonstrating its com - withdraw its objection to the above measure and, provided it receives the mitment to reduce waste, the City of renewal and consents to said renew - affirmative vote of two-thirds of all Cleveland instituted a curb-side al; and the members elected to Council, it recycling program in 2007 that will Whereas, this resolution consti - shall take effect and be in force imme - be expanded in the third quarter of tutes an emergency measure provid - diately upon its adoption and 2011 to include 40% of Cleveland ing for the usual daily operation of approval by the Mayor; otherwise, it residents; and a municipal department; now, there - shall take effect and be in force from Whereas, although phone books fore, and after the earliest period allowed are not currently disposed of Be it resolved by the Council of the by law. through Cleveland’s recycling pro - City of Cleveland: Motion to suspend rules, Charter, gram, the City coordinates with the Section 1. That objection to a D1, and statutory provisions and place Cuyahoga County Solid Waste Dis - D2, D3 and D3A Liquor Permit to N on final adoption. trict to offer a phone book round-up 591 16 The City Record April 20, 2011 program from June 1st through Sep - apply for and accept a grant from the sition, LLC, or its designee, to provide tember 30th annually at dumpsters Ohio Department of Natural for a ten-year, sixty percent tax abate - in twelve Resources for the 2011 Community ment for certain real property locations in Cuyahoga County; and Development Grant (Drop Off) Pro - improvements located at 6900 and Whereas, this Council and repre - gram; and authorizing the Director to 7000 Euclid Avenue in the Cleveland sentatives from the Jackson Admin - enter into one or more contracts with Area Enterprise Zone. istration’s Office of Sustainability, various agencies and entities to Approved by Directors of Economic Division of Waste Collection, and implement the program. Development, City Planning Commis - Department of Law, Cuyahoga Coun - Approved by Directors of Public sion, Finance, Law; Releived of Com - ty Solid Waste District, and AT&T Works, Finance, Law; Passage recom - mittee on City Planning; Passage rec - will study ways for the City and res - mended by Committees on Public Ser - ommended by Committees on Commu - idents to reduce phone book waste; vice, Finance. nity and Economic Development, Leg - and The rules were suspended. Yeas islation, Finance , when amended, as Whereas, this resolution consti - 19. Nays 0. Read second time. Read follows: tutes an emergency measure for the third time in full. Passed. Yeas 19. 1. In Section 2, line 4, after immediate preservation of public Nays 0. “Avenue;” insert “ provided that if peace, property, health or safety, the project site does not become cer - now, therefore, Ord. No. 222-11. tified to be “LEED Silver” within Be it resolved by the Council of the By Council Members Cleveland and three years of the effective date of City of Cleveland: Sweeney (by departmental request). this ordinance, then the authorized Section 1. That this Council estab - An emergency ordinance authoriz - abatement will decrease to 50% for lishes a Citywide taskforce to 1) plan ing the Director of City Planning to the remainder of the ten-year peri - how the City of Cleveland facilities od; ”. will accept and dispose of phone make alterations and modifications in Contract No. CT 4002 PI 2010-34 2. In Section 3, line 2, strike “421- books in a way that reduces waste 11-A” and insert “ 421-11-B ”. and encourages recycling, 2) educate with R.W. Clark Company for the for - mer Coast Guard Station roof replace - Amendments agreed to. residents on ways to stop the delivery The rules were suspended. Yeas of unwanted phone books, 3) study ment project, for the Department of 19. Nays 0. Read second time. Read the economic benefits that phone City Planning. books provide to the small and mid- Approved by Directors of City Plan - third time in full. Passed. Yeas 19. sized businesses of Cleveland, and 4) ning Commission, Finance, Law; Pas - Nays 0. study if legislative solutions are sage recommended by Committees on In compliance with Section 33 of needed to reduce the volume of City Planning, Finance. the Charter a copy of the legislation unwanted phone books and the costs The rules were suspended. Yeas was furnished to each member of associated with disposing of phone 19. Nays 0. Read second time. Read Council before final passage. books. third time in full. Passed. Yeas 19. Section 2. That the Clerk of Council Nays 0. Ord. No. 497-11. is directed to send copies of this reso - By Council Members Miller, Cleve - land and Sweeney (by departmental lution to the Product Stewardship Ord. No. 363-11. request). Institute Inc., The Yellow Pages By Council Members Miller and Association, AT&T, Cuyahoga Coun - An emergency ordinance to appro - Sweeney (by departmental request). ty Solid Waste District, Cuyahoga priate temporary easements and An emergency ordinance authoriz - County Managers and Mayors Associ - property located on the west side of ing the purchase by one or more ation, County Executive Ed Fitzger - East 93rd Street between Heath and ald, and Zero Waste NEO. requirement contracts for the trans - St. Catherine Avenues for the public Section 3. That this resolution is fer and disposal of solid waste, for purpose of widening a public road hereby declared to be an emergency the Division of Waste Collection and in connection with extending Besse - measure and, provided it receives the Disposal, Department of Public mer Avenue; and to repeal Ordi - affirmative vote of two-thirds of all Works, for a term of one year or a nance No. 878-10, passed August 18, the members elected to Council, it term of two years, with three one- 2010, relating to the Bessemer Ave - shall take effect and be in force imme - year options to renew, the second of nue extension. diately upon its adoption and which is exercisable by the Director Approved by Directors of Capital approval by the Mayor; otherwise it through additional legislative Projects, City Planning Commission, shall take effect and be in force from authority. Finance, Law; Relieved of Commit - and after the earliest period allowed Approved by Directors of Public tees on Public Service and City Plan - by law. Works, Finance, Law; Passage recom - Motion to suspend rules, Charter, ning; Passage recommended by Com - mended by Committees on Public Ser - mittee on Finance. and statutory provisions and place vice, Finance. on final adoption. The rules were suspended. Yeas 1. In the title, strike lines 7, 8, and The rules were suspended. Yeas 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read 9 in their entirety and insert “ years, third time in full. Passed. Yeas 19. third time in full. Adopted. Yeas with three one-year options to Nays 0. 19. Nays 0. renew. ”. 2. In Section 1, strike lines 19, 20, Ord. No. 498-11. SECOND READING EMERGENCY 21, and 22 in their entirety and By Council Members Cleveland, ORDINANCES PASSED insert “ both terms. If a one-year ini - Mitchell, Miller and Sweeney (by tial term is selected, then the sec - departmental request). Ord. No. 91-11. ond option to renew shall require An emergency ordinance to appro - By Council Members J. Johnson, additional legislative authority, or if priate a temporary easement and Miller, Cleveland, Sweeney, Polensek, a two-year initial term is selected, property for the public purpose of Brancatelli, Cimperman, Conwell, then the first and third options to widening a public road in connec - Cummins, Dow, K. Johnson, Keane, renew shall require additional leg - tion with extending Bessemer Ave - Kelley, Mitchell, Brady, Pruitt, Reed, islative authority. The Director nue, located near the southeast cor - Westbrook and Zone. (by departmen - shall notify this Council of the deci - ner of East 88th Street and St. tal request). sion to exercise or to forego exer - Catherine Avenue; and to repeal An emergency ordinance designat - cising any optional year authorized Ordinance No. 880-10, passed Sep - ing that portion of South Marginal by this ordinance. ”. tember 13, 2010, relating to the Road extending from East 55th Street Amendments agreed to. Bessemer Avenue extension. easterly to its terminus as “Dick God - The rules were suspended. Yeas Approved by Directors of Capital dard Way” as a secondary and hon - 19. Nays 0. Read second time. Read Projects, City Planning Commission, orary designation. third time in full. Passed. Yeas 19. Finance, Law; Relieved of Commit - Approved by Directors of Public tees on Public Service and City Plan - Works, City Planning Commission, Nays 0. Finance, Law; Passage recommended In compliance with Section 33 of ning; Passage recommended by Com - by Committees on Public Service, City the Charter a copy of the legislation mittee on Finance. Planning, Finance. was furnished to each member of The rules were suspended. Yeas The rules were suspended. Yeas Council before final passage. 19. Nays 0. Read second time. Read 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. third time in full. Passed. Yeas 19. Ord. No. 421-11. Nays 0. Nays 0. By Council Members Cleveland, Brancatelli and Sweeney (by depart - Ord. No. 499-11. Ord. No. 219-11. mental request). By Council Members Cleveland, By Council Members Miller and An emergency ordinance authoriz - Mitchell, Miller and Sweeney (by Sweeney (by departmental request). ing the Director of Economic Devel - departmental request). An emergency ordinance authoriz - opment to enter into an Enterprise An emergency ordinance to appro - ing the Director of Public Works to Zone Agreement with Midtown Acqui - priate property for the public pur - 592 April 20, 2011 The City Record 17 pose of widening a public road in The rules were suspended. Yeas mer Avenue; and to repeal Ordi - connection with extending Bessemer 19. Nays 0. Read second time. Read nance No. 883-10, passed August 18, Avenue, located near the southwest third time in full. Passed. Yeas 19. 2010, relating to the Bessemer Ave - corner of East 88th Street and Union Nays 0. nue extension. Avenue; and to repeal Ordinance No. Approved by Directors of Capital 882-10, passed August 18, 2010, relat - Ord. No. 500-11. Projects, City Planning Commission, ing to the Bessemer Avenue exten - By Council Members Cleveland, Finance, Law; Relieved of Commit - Miller and Sweeney (by departmen - sion. tees on Public Service and City Plan - tal request). Approved by Directors of Capital An emergency ordinance to appro - ning; Passage recommended by Com - Projects, City Planning Commission, priate easements for the public pur - mittee on Finance. Finance, Law; Relieved of Commit - pose of widening a public road in The rules were suspended. Yeas tees on Public Service and City Plan - connection with extending Bessemer 19. Nays 0. Read second time. Read ning; Passage recommended by Com - Avenue, located near the southwest third time in full. Passed. Yeas 19. mittee on Finance. corner of East 88th Street and Besse - Nays 0.

SECOND READING ORDINANCES PASSED

Ord. No. 744-10. By Council Member Keane. An ordinance changing the Use District of lands on the north and south sides of Lorain Road between West 147th Street and West 165th Street from General Retail Business to Local Retail Business (Map Change No. 2304; Sheet No. 12). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on City Plan - ning, when amended, as follows: 1. In the title, line 4, strike “147th” and insert “ 150th ”. 2. In Section 1, strike the legal description in its entirety and insert the following: “Beginning in the centerline of Lorain Avenue at its intersection with the northerly prolongation of the cen - terline of West 165th Street; Thence southerly along said northerly prolongation of said centerline to its intersection with the southwester - ly prolongation of the northwesterly line of Sublot No. 3 in the Pasadena Park Subdivision shown on the record - ed plat in Volume 56, Page 33 of Cuyahoga County Map Records; Thence northeasterly along said southwesterly prolongation of said northwesterly line and continuing along its northeasterly prolongation through the northwesterly lines of Sublot Numbers 70, 77 and 146 of the aforemen - tioned Pasadena Park Subdivision to its intersection with the southwesterly line of the Westland Heights Sub - division shown on the recorded plat in Volume 69, Page 19 of Cuyahoga County Map Records; Thence northwesterly along said southwesterly line to its intersection with the northwesterly line of Sublot No. 4 in the aforementioned Westland Heights Subdivision; Thence northeasterly along said northwesterly line and along its northeasterly prolongation to its intersection with the centerline of West 158th Street; Thence northwesterly along said centerline of West 158th Street to its intersection with the southwesterly pro - longation of the northwesterly line of Sublot Number 44 in the Westland Heights Subdivision shown on the record - ed plat in Volume 69, Page 10 of Cuyahoga County Map Records; Thence northeasterly along said southwesterly prolongation of said northwesterly line to its intersection with the northeasterly line thereof; Thence southeasterly along said northeasterly line to its intersection with the northwesterly line of Sublot Num - ber 51 in the aforementioned Westland Heights Subdivision; Thence northeasterly along said northwesterly line and along its northeasterly prolongation to its intersection with the centerline of West 157th Street; Thence southeasterly along said centerline of West 157th Street to its intersection with the southwesterly pro - longation of the centerline of Silsby Road; Thence northeasterly along said southwesterly prolongation of said centerline to its intersection with the south - westerly prolongation of the northwesterly line of Sublot Number 139 in the aforementioned Westland Heights Subdivision; Thence northeasterly along said southwesterly prolongation of said northwesterly line to its intersection with the northeasterly line thereof; Thence southeasterly along said northeasterly line to its intersection with a line drawn 150 feet southeasterly of and parallel to the southerly line of Lorain Road; Thence northeasterly along said parallel line to its intersection with the westerly line of a parcel of land con - veyed to Raymond G. Herzberger by deed dated December 5th, 1988 and recorded in Auditor’s File Number V88863340028, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 025-32-006; Thence southeasterly along said westerly line and along its southeasterly prolongation to its intersection with the westerly line of Sublot No. 27 in the Alger Subdivision No. 2 Not Recorded, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 025-33-037; Thence northerly along said westerly line and along its northerly prolongation to its intersection with the northerly line of Sublot No. 12 in the aforementioned Alger Subdivision No. 2, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 025-33-052; Thence easterly along said northerly line and along its easterly prolongation to its intersection with the east - erly line of Sublot Number 9 in the aforementioned Alger Subdivision Number 2 part of Cuyahoga County Audi - tor’s Permanent Parcel Number 025-33-003; 593 18 The City Record April 20, 2011

Thence northerly along said easterly line to its intersection with the northerly line of a parcel of land con - veyed to James P. White by deed dated April 14, 1999 and recorded in Auditor’s File Number 19904140724, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 025-33-075; Thence northeasterly along said northerly line and along its easterly prolongation to its intersection with the centerline of West 152nd Street; Thence southerly along said centerline to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to Viking Properties Limited by deed dated October 13, 1978 and recorded in Audi - tor’s File Number V78148610885; said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 025-33-008 Thence easterly along said westerly prolongation of said southerly line and continuing along its easterly pro - longation to its intersection with the centerline of West 150th Street; Thence westerly along said northerly line to its intersection with the westerly line of Sublot No. 14 in the afore - mentioned Alger Subdivision; Thence southeasterly along said westerly line to its intersection with the northwesterly line of Sublot No. 13 in the aforementioned Alger Subdivision; Thence southwesterly along said northwesterly line and along its southwesterly prolongation to its intersection with the northeasterly line of Sublot No. 1 in the aforementioned Alger Subdivision; Thence northwesterly along said northeasterly line and along its northwesterly prolongation to its intersection with the centerline of Triskett Road; Thence northeasterly along said centerline of Triskett Road to its intersection with the southeasterly prolon - gation of the centerline of Rockport Avenue; Thence northwesterly along said southerly prolongation of said centerline to its intersection with the north - easterly prolongation of the northwesterly line of Sublot Number 24 in the Herman Sixt Subdivision shown on the recorded plat in Volume 43, Page 20 of Cuyahoga County Map Records; Thence southwesterly along said northeasterly prolongation of said northwesterly line to its intersection with the northeasterly line thereof; Thence southeasterly along said northeasterly line to its intersection with the southeasterly line thereof; Thence southwesterly along said southeasterly line to its intersection with the northeasterly line of Sublot No. 25 in the aforementioned Herman Sixt Subdivision; Thence southeasterly along said northeasterly line to its intersection with the southeasterly line thereof; Thence southwesterly along said southeasterly line and along its southwesterly prolongation to its intersection with the centerline of West Park Avenue; Thence northwesterly along said centerline of West Park Avenue to its intersection with a line drawn approx - imately 100 feet from and parallel to the southeasterly line of Sublot No. 3 in the W.D Sixt Subdivision Not Record - ed; Thence southwesterly along said parallel line to its intersection with the southwesterly line of the aforemen - tioned W.D. Sixt Subdivision; Thence northwesterly along said southwesterly line to its intersection with the southeasterly line of the afore - mentioned Sublot No. 3 in the W.D. Sixt Subdivision; Thence southwesterly along said southeasterly line and along its southwesterly prolongation to its intersection with the northeasterly prolongation of the southerly line of Sublot No. 15 in the Fischer Allotment shown on the recorded plat in Volume 63, Page 38 of Cuyahoga County Map Records; Thence southwesterly along said northeasterly prolongation of said southerly line and along its southwesterly prolongation to its intersection with the centerline of West 159th Street; Thence southerly along said centerline of West 159th Street to it intersection with the northeasterly prolonga - tion of the northerly line of a parcel of land conveyed to Lorain Realty Co. by deed dated February 10, 1998 and recorded in Auditor’s File Number V98013530003, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 025-17-032; Thence southwesterly along said northeasterly prolongation and said northerly line to its intersection with the westerly line of the Fischer Allotment shown on the recorded plat in Volume 63, Page 38 of Cuyahoga County Map Records; Thence northerly along said westerly line to its intersection with the northerly line of a parcel of land con - veyed to Lorain Realty Co. by deed dated February 10, 1998 and recorded in Auditor’s File Number V98013530003, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 025-17-033; Thence westerly along said northerly line to its intersection with the westerly line thereof; Thence southerly along said westerly line to its intersection with the northeasterly prolongation of the souther - ly line of Sublot No. 121 in the Hollywood Park Subdivision shown on the recorded plat in Volume 89, Page 18 of Cuyahoga County Map Records; Thence southwesterly along said northeasterly prolongation of said southerly line and along its southwesterly prolongation to its intersection with the centerline of West 165th Street; Thence southerly along said centerline of West 165th Street and along its southerly prolongation to its inter - section with the centerline of Lorain Road; Thence north easterly along said centerline of Lorain Road to the principal place of beginning; ”. 3. Strike the map attached and insert the following: 594 April 20, 2011 The City Record 19

Amendments agreed to. The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Coun - cil before final passage.

Ord. No. 745-10. By Council Member Keane. An ordinance establishing a Pedestrian Retail Overlay (PRO) District the north and south sides of Lorain Road between West 178th Street and the Norfolk Southern Railroad tracks west of West 143rd Street (Map Change No. 2303, Sheet Number 12). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on City Plan - ning, when amended, as follows: 1. In the title, line 5; and in Section 1, line 2, strike “143rd” and insert “ 150th ”. 2. Strike the map attached and insert the following: 595 20 The City Record April 20, 2011

3. In the title, strike lines 4 and 5 in their entirety and insert “ between West 178th Street and West 150th ”. 4. In Section 1, strike line 2 in its entirety and insert “ between West 178th Street and West 150th ”. Amendments agreed to. The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Coun - cil before final passage.

Ord. No. 1568-10. By Council Member Cummins. An ordinance to change the Use District of land on the south side of Seymour Avenue west of Fulton Road from Two Family Residential to Local Retail Business. (Map Change No. 2340; Sheet No. 1). Approved by Directors of City Planning Commission, Law; Passage recommended by Committees on City Planning, Finance , when amended, as follows: 1. In Section 1, strike lines 3, 4, 5, and 6 in their entirety and insert “ Thence westerly along said centerline of Seymour Avenue to its intersection with the northerly prolongation of the westerly line of Sublot No. 450 in the Stone Addition shown on the recorded plat in Volume 1, Page 41 of Cuyahoga County Map Records, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 007-20-007; ”. 2. Strike the attached map and replace it with the following: 596 April 20, 2011 The City Record 21

Amendments agreed to. The rules were suspended. Yeas 19. Nays 0. Read second time. Read third time in full. Passed. Yeas 19. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Coun - cil before final passage.

Ord. No. 18-11. THE CALENDAR Resolution No. 157-11. By Council Member Miller. By Director Dumas. An ordinance to change the Use Dis - Resolved by the Board of Control trict of land located on the south side The following measures will be on of the City of Cleveland, that under of Saint Clair Avenue between Eddy their final passage at the next meet - Section 101 of the Charter, Section Road and E. 123rd Street from Shop - ing: 181.19 of the Codified Ordinances of ping Center to Local Retail and Insti - NONE Cleveland, Ohio, 1976, and Resolu - tutional Research. (Map Change No. tion No. 921-52, adopted by the Board 2343; Sheet No. 8). of Control on November 26, 1952, the Approved by Directors of City Plan - BOARD OF CONTROL report of the Commissioner of Pur - ning Commission, Law; Passage rec - chases and Supplies for the sale of ommended by Committee on City Plan - scrap, personal property, and by- ning. products during the month of March, The rules were suspended. Yeas April 13, 2011 2011 in the amount of $11,926.32, 19. Nays 0. Read second time. Read attached and made a part of this third time in full. Passed. Yeas 19. The regular meeting of the Board resolution, is received, approved and Nays 0. of Control convened in the Mayor’s ordered filed. office on Wednesday, April 13, 2011, Yeas: Directors Triozzi, Acting MOTION at 10:35 a.m. with Director Triozzi Director Hardy, Directors Withers, presiding. The Council Meeting adjourned at Cox, Butler, Flask, Rush, Souther - 7:55 p.m. to meet on Monday, April Present: Directors Triozzi, Acting ington, Fumich and Acting Director 25, 2011 at 7:00 p.m. in the Council Director Hardy, Directors Withers, O’Leary. Chambers. Cox, Butler, Flask, Rush, Souther - Nays: None. ington, Nichols, Fumich and Acting Absent: Mayor Jackson Director Director O’Leary. Smith and Nichols. Absent: Mayor Jackson and Direc - tor Smith. Resolution No. 158-11. Others: James E. Hardy, Commis - By Director Dumas. sioner, Purchases and Supplies. Resolved, by the Board of Control Natoya Walker-Minor, Interim of the City of Cleveland, that all Director, Office of Equal Opportuni - bids received on April 6, 2011 for an ty. estimated quantity of J.I.T. on-line On motions, the following resolu - ordering of office supplies, for var - Patricia J. Britt tions were adopted, except as may ious divisions of City government, City Clerk, Clerk of Council be otherwise noted: under the authority of Ordinance 597 22 The City Record April 20, 2011

897-10, passed August 10, 2010, are P.J. Ellis Electric Community Development and when rejected. $16,000.00 0.00% certain specified conditions have Yeas: Directors Triozzi, Acting been met, to sell Land Reutilization Director Hardy, Directors Withers, Pete & Pete Container Services Program parcels to adjacent or abut - Cox, Butler, Flask, Rush, Souther - CSB/FBE ting landowners; and ington, Fumich and Acting Director $19,087.00 3.295% Whereas, Duane Clemmons and O’Leary. Tanya Moore, abutting/adjacent Nays: None. Gateway Electric MBE landowners, have proposed to the Absent: Mayor Jackson Director $18,000.00 3.107% City to purchase and develop the Smith and Nichols. parcel for yard expansion; and Total Roofing CSB/FBE Whereas, the following conditions Resolution No. 159-11. $21,467.00 3.705% exist: By Director Cox. 1. The member of Council from Be it resolved, by the Board of Yeas: Directors Triozzi, Acting Ward 7 has consented to the pro - Control of the City of Cleveland that Director Hardy, Directors Withers, posed sale; the bid of Premier Truck Parts, Inc. Cox, Butler, Flask, Rush, Souther - 2. The parcel is either less than ington, Nichols, Fumich and Acting 4,800 square feet or less than 40 feet for an estimated quantity of Various Director O’Leary. frontage; Steering Gear & Related Parts & Nays: None. 3. The proposed purchasers of the Labor for the Division of Motor Absent: Mayor Jackson and Direc - parcel are neither tax delinquent Vehicle Maintenance, Department of tor Smith. nor in violation of the Building and Public Works, for the period of two Housing Code; now, therefore, year beginning with the date of exe - Resolution No. 161-11. Be it resolved by the Board of cution of a contract, received on By Director Rush. Control of the City of Cleveland that December 10, 2010, under the author - Whereas, under the authority of under Section 183.021 of Codified ity of Section 131.64 of the Codified Ordinance No. 2076-76, passed by the Ordinances of Cleveland, Ohio 1976, Ordinances of Cleveland, Ohio, 1976, Cleveland City Council October 25, the Commissioner of Purchases and which on the basis of the estimated 1976, the City is conducting a Land Supplies is authorized, when direct - quantity would amount to $78,870.00 Reutilization Program according to ed by the Director of Community (Net), is affirmed and approved as the provisions of Chapter 5722 of the Development, and the Mayor is the lowest and best bid, and the Ohio Revised Code; and requested to execute an Official Director of Public Works is request - Whereas, under the Land Reuti - Deed for and on behalf of the City ed to enter into a requirement con - lization Program, the City has of Cleveland, to Duane Clemmons tract for the goods and/or services, acquired Permanent Parcel No. 014- and Tanya Moore for the sale and which contract shall provide for an 03-061, located at 3503 Highway development of Permanent Parcel initial order, the cost of which shall Avenue under the Land Reutiliza - No. 106-19-023 located at Wade Park, be certified to the contract in the tion Program; and according to the Land Reutilization amount not less than $10,000.00. Whereas, Ordinance No. 105-11 Program in such manner as best car - The requirement contract shall passed March 21, 2011, authorized ries out the intent of the program. further provide that the Contractor the sale of the parcel for a consid - Be it further resolved that the con - shall furnish the remainder of the eration established by the Board of sideration for the parcel shall be City’s requirements for the goods Control at not less than the Fair $420.00, which amount is determined and/or services, whether more or Market Value; and to be not less than the Fair Market less than the estimated quantity, as Whereas, Joseph McClandish has Value of the parcel for uses accord - may be ordered under delivery proposed to the City to purchase and ing to the Program. orders separately certified to the develop the parcel for yard expan - Yeas: Directors Triozzi, Acting contract. sion; now, therefore, Director Hardy, Directors Withers, Yeas: Directors Triozzi, Acting Be it resolved by the Board of Cox, Butler, Flask, Rush, Souther - Director Hardy, Directors Withers, Control of the City of Cleveland that ington, Nichols, Fumich and Acting Cox, Butler, Flask, Rush, Souther - under the authority of Ordinance No. Director O’Leary. ington, Nichols, Fumich and Acting 105-11, passed by the Cleveland City Nays: None. Director O’Leary. Council March 21, 2011, the Mayor is Absent: Mayor Jackson and Direc - Nays: None. authorized to execute an official tor Smith. Absent: Mayor Jackson and Direc - deed for and on behalf of the City tor Smith. of Cleveland to Joseph McClandish Resolution No. 163-11. for the sale and development of Per - By Director Rush. Resolution No. 160-11. manent Parcel No. 014-03-061, as Whereas, under Ordinance No. By Director Cox. described in the Ordinance accord - 2076-76 passed October 25, 1976, the Be it resolved by the Board of ing to the Land Reutilization Pro - City is conducting a Land Reuti - Control of the City of Cleveland that gram in such manner as best carries lization Program (“Program”) the bid of Industrial Energy Sys - out the intent of the program. according to the provisions of Chap - tems Inc., for the public improve - Be it further resolved that the con - ter 5722 of the Ohio Revised Code; ment of various Public Safety Facil - sideration for the parcel shall be and ities Roof Replacements for the $410.00, which amount is determined Whereas, under the Program, the Department of Public Works, to be not less than the fair market City has acquired Permanent Parcel received on March 9, 2011, under the value of the parcel for uses accord - No. 138-05-019 located at 13115 Har - authority of Ordinance No. 888-06, ing to the Land Reutilization Pro - vard Avenue in Ward 2; and passed August 9, 2006 as amended gram. Whereas, Section 183.021 of the by Ordinance No. 781-09, passed June Yeas: Directors Triozzi, Acting Codified Ordinances of Cleveland, 1, 2009, for a gross price for the Director Hardy, Directors Withers, Ohio 1976 authorizes the Commis - improvement in the aggregate Cox, Butler, Flask, Rush, Souther - sioner of Purchases and Supplies, amount of $579,335, for Bid Package ington, Nichols, Fumich and Acting when directed by the Director of E Items A, B and C including the Director O’Leary. Community Development and when general contingency allowance, is Nays: None. certain specified conditions have been met, to sell Land Reutilization affirmed and approved as the low - Absent: Mayor Jackson and Direc - tor Smith. Program parcels to adjacent or abut - est responsible bid, and the Director ting landowners; and of Public Works is authorized to Resolution No. 162-11. Whereas, Jihan LLC, abutting/ enter into contract for the improve - By Director Rush. adjacent landowner, has proposed to ment with the bidder. Whereas, under Ordinance No. the City to purchase and develop the Be it further resolved, by the 2076-76 passed October 25, 1976, the parcel for parking; and Board of Control of the City of City is conducting a Land Reuti - Whereas, the following conditions Cleveland that the employment of lization Program (“Program”) exist: the following subcontractors by according to the provisions of Chap - 1. The member of Council from Industrial Energy Systems Inc. is ter 5722 of the Ohio Revised Code; Ward 2 has consented to the pro - approved: and posed sale; Whereas, under the Program, the 2. The parcel is either less than Subcontractor CSB/MBE/FBE City has acquired Permanent Parcel 4,800 square feet or less than 40 feet Amount Percentage No. 106-19-023 located at Wade Park frontage; in Ward 7; and 3. The proposed purchaser of the Northstar Contracting CSB/MBE Whereas, Section 183.021 of the parcel is neither tax delinquent nor $85,249.00 14.715% Codified Ordinances of Cleveland, in violation of the Building and Ohio, 1976 authorizes the Commis - Housing Code; now, therefore, Coleman Spohn Corp. MBE sioner of Purchases and Supplies, Be it resolved by the Board of $14,000.00 2.417% when directed by the Director of Control of the City of Cleveland that 598 April 20, 2011 The City Record 23 under Section 183.021 of Codified Yeas: Directors Triozzi, Acting with a 5' x 5' landing that projects Ordinances of Cleveland, Ohio 1976, Director Hardy, Directors Withers, 5 feet into the front yard setback of the Commissioner of Purchases and Cox, Butler, Flask, Rush, Souther - a 35' x 105' lot in an A1 One-Fam - Supplies is authorized, when direct - ington, Nichols, Fumich and Acting ily District, where the proposed lift ed by the Director of Community Director O’Leary. and landing are not permitted Development, and the Mayor is Nays: None. encroachment according to the pro - requested to execute an Official Absent: Mayor Jackson and Direc - visions n Section 357.13 of the Cleve - Deed for and on behalf of the City tor Smith. land Codified Ordinances. of Cleveland, with Jihan LLC for the sale and development of Permanent JEFFREY B. MARKS, Calendar No. 11-46: 3158 West 43rd Secretary Parcel No. 138-05-019 located at 13115 Street (Ward 14) Harvard Avenue, according to the Lydia Nieves, owner appeals to Land Reutilization Program in such CIVIL SERVICE NOTICES rebuild a 5' x 12' side porch to a manner as best carries out the ______one-family dwelling on a 35' x 125' intent of the program. lot in a B1 Two-Family District; sub - Be it further resolved that the con - General Information ject to the limitations of Section sideration for said parcel shall be Application blanks and informa - 337.23 an accessory use in a resi - $2,500.00, which amount is deter - tion, regarding minimum entrance dence district shall be located on the mined to be not less than the Fair qualifications, scope of examination, rear half of the lot, a minimum of Market value of said parcel for uses and suggested reference materials according to the Program. 18 inches from all property lines and may be obtained at the office of the Yeas: Directors Triozzi, Acting at least 10 feet from any main build - Civil Service Commission, Room 119, Director Hardy, Directors Withers, ing on an adjoining lot, and acces - City Hall, East 6th Street, and Lake - Cox, Butler, Flask, Rush, Souther - sory off-street parking shall be pro - side Avenue. ington, Nichols, Fumich and Acting vided as required in Section 349.01, Director O’Leary. and contrary to Section 357.09 an Application blanks must be prop - Nays: None. aggregate width of interior side erly filled out on the official form Absent: Mayor Jackson and Direc - yards equals 7 feet and 10 feet is prescribed by the Civil Service Com - required. tor Smith. mission and filed at the office of the commission not later than the final Calendar No. 11-53: 1393 East 51st Resolution No. 164-11. closing date slated in the examina - Street (Ward 8) By Director Rush. tion announcement. Whereas, under Ordinance No. Ohio Technical College, Inc., 2076-76 passed October 25, 1976, the EXAMINATION RESULTS: Each owner, appeals to surface a vacant City is conducting a Land Reuti - applicant whether passing or failing 30' x 125.07' parcel for a parking lization Program (“Program”) will be notified of the results of the lot in a B1 Two-Family District, according to the provisions of Chap - examination as soon as the commis - where the Board of Zoning Appeals ter 5722 of the Ohio Revised Code; sion has graded the papers. There - may permit, temporarily or perma - and after, eligible lists will be estab - nently, the use of land, other than Whereas, under the Program, the lished which will consist of the that in a Limited One-Family Dis - City has acquired Permanent Parcel names of those candidates who have trict, for a parking lot when the No. 103-22-039 located at 2725 Central been successful in all parts of the best interests of the community will Avenue in Ward 5; and examination. be served, provided that (1) the lot Whereas, Section 183.021 of the is used only for parking of passen - Codified Ordinances of Cleveland, PHYSICAL EXAMINATION: All ger automobiles of employees, cus - Ohio, 1976 authorizes the Commis - candidates for original entrance po - tomers or guests of the person or sioner of Purchases and Supplies, sitions who are successful in other firm controlling and operating the when directed by the Director of parts of the examinations must sub - lot who shall be responsible for it Community Development and when mit to a physical examination. certain specified conditions have maintenance; (2) no charge is to be been met, to sell Land Reutilization ROBERT BENNETT, made for parking; (3) the lot is not Program parcels to adjacent or abut - President used for sales, repair work or ser - ting landowners; and vicing of any kind; (4) entrance to Whereas, St. John’s West Family and exist from the lot are to be Homes, L.P., abutting/adjacent SCHEDULE OF THE BOARD located so as to do the least harm landowner, has proposed to the City OF ZONING APPEALS to the Residence District; (5) no to purchase and develop the parcel advertising sign or material is to be for new housing construction; and located on the lot; (6) all parking is Whereas, the following conditions to be kept back of the setback build - exist: MONDAY, MAY 2, 2011 ing line by barrier unless specifi - 1. The member of Council from cally authorized otherwise by the 9:30 A.M. Ward 5 has consented to the pro - Board; (7) the parking lot and por - posed sale; tion of the driveway back of the Calendar No. 11-43: 3857 East 189th 2. The parcel is either less than building line are to be adequately 4,800 square feet or less than 40 feet Street (Ward 1) Myron and Tiffany Washington, screened from the street and from frontage; adjoining property in a Residence 3. The proposed purchaser of the owners, appeal to install a wheel - District by a hedge, sightly fence or parcel is neither tax delinquent nor chair lift with a 6' x 8' landing that in violation of the Building and projects 22 feet into the front yard wall not less than four feet six inch - Housing Code; now, therefore, setback of a 50' x 119.50' lot in an es high and not more than five feet Be it resolved by the Board of A1 One-Family District, where the high located back of the setback Control of the City of Cleveland that proposed lift and landing are not building line; all lighting is to be under Section 183.021 of Codified permitted encroachments according arranged so that there is no glare Ordinances of Cleveland, Ohio 1976, to the provisions in Section 357.13 of that annoys occupants of adjoining the Commissioner of Purchases and the Cleveland Codified Ordinances. property and the surface of the lot Supplies is authorized, when direct - is to be smoothly graded, hard sur - ed by the Director of Community Calendar No. 11-44: 2092 West 105th faced and adequately drained; (8) Development, and the Mayor is Street (Ward 16) the building permit number under requested to execute an Official Kenneth Baker, owner, appeals to which the lot is established is to be Deed for and on behalf of the City install a wheelchair lift with a 5' x posted; (9) and such other condi - of Cleveland, to St. John’s West 5' landing that projects 5 feet into tions may be imposed as the Board Family Homes, L.P. for the sale and the front yard setback of a 27.5' x deems necessary in a specific case development of Permanent Parcel to reduce the adverse effect of the No. 103-22-039 located at 2725 Central 113' lot in a B1 Two-Family District, proximity of a parking lot upon the Avenue, according to the Land where the proposed lift and landing character, development and mainte - Reutilization Program in such man - are not permitted encroachments ner as best carries out the intent of according to the provisions in Sec - nance of the Residence District in the program. tion 357.13 of the Cleveland Codified which the parking lot is located Be it further resolved that the con - Ordinances. according to Section 349.13(c); and sideration for the parcel shall be the proposed parking lot plan shows $100.00, which amount is determined Calendar No. 11-45: 12212 Brighton two (2) spaces in the front setback, to be not less than the Fair Market Avenue (Ward 17) shows no landscaping nor screening Value of the parcel for uses accord - Walter Worsham, Jr., owner, and driveway access to the lot is ing to the Program. appeals to install a wheelchair lift from another, separate parcel. 599 24 The City Record April 20, 2011

Calendar No. 11-54: 1368 East 52nd The following appeals were Calendar No. 11-39: 2401 Meyer Avenue Street (Ward 8) Approved: Bamco Investments LLC, owner, Ohio Technical College, Inc., and Universal Auto Repair, tenant, owner, appeals to construct a park - None. appealed to establish a motor vehi - ing lot on a 70' x 125' parcel con - cle repair garage in a one-story solidated with an existing parking The following appeals were building on a corner parcel in a C2 lot in a B1 Two-Family District, Denied: Semi-Industry District. where the Board of Zoning Appeals may permit, temporarily or perma - Calendar No. 10-259: 4300 Bradley Secretary nently, the use of land, other than Road that in a Limited One-Family Dis - W.B. and M.E. Bauman and trict, for a parking lot when the Bradley Road Incorporated appealed The following revised Rules and best interests of the community will Regulations of the Cleveland Board be served, provided that (1) the lot under Sections 329.01(e) and of Zoning Appeals were approved. is used only for parking of passen - 329.02(d) of the Cleveland Codified ger automobiles of employees, cus - Ordinances from the decision of the tomers or guests of the person or Zoning Administrator to deny an RULES AND firm controlling and operating the application for grading, filling and REGULATIONS lot who shall be responsible for it excavation, including mining, OF maintenance; (2) no charge is to be removal, transfer and sale of soils THE CLEVELAND BOARD made for parking; (3) the lot is not and minerals on acreage in a Gen - OF ZONING APPEALS used for sales, repair work or ser - eral Industry District. (Revised 3-21-11) vicing of any kind; (4) entrance to and exist from the lot are to be Calendar No. 10-194: 4300 Bradley I. BOARD OF ZONING APPEALS “The Board” as referred to in located so as to do the least harm Road these Rules and Regulations means to the Residence District; (5) no W.B. and M.E. Bauman and the Board of Zoning Appeals pro - advertising sign or material is to be Bradley Road, Incorporated located on the lot; (6) all parking is vided for in the City of Cleveland’s appealed for grading, filling and Charter and in Chapter 329 of the to be kept back of the setback build - excavation, including mining, ing line by barrier unless specifi - Codified Ordinances of the City of removal, transfer and sale of soils cally authorized otherwise by the Cleveland (hereinafter “the Ordi - Board; (7) the parking lot and por - and minerals on acreage in a Gen - nances”). These Rules and Regula - tion of the driveway back of the eral Industry District, where the tions are adopted, after proper building line are to be adequately proposed use is subject to the limi - notice and public hearing, under the screened from the street and from tations in Section 345.04(b)(21) of authority of Section 329.02(b) of the adjoining property in a Residence the Cleveland Codified Ordinances. Ordinances as necessary to carry District by a hedge, sightly fence or into effect the provisions of the zon - wall not less than four feet six inch - Calendar No. 10-260: 4300 Bradley ing code and to exercise the powers es high and not more than five feet Road and jurisdiction the Charter and high located back of the setback W.B. and M.E. Bauman and Ordinances confer on the Board. building line; all lighting is to be Bradley Road, Incorporated arranged so that there is no glare appealed under Sections 329.03 and II. ORGANIZATION that annoys occupants of adjoining 329.04 for a use variance to allow The organization of the Board property and the surface of the lot grading, filling and excavation, shall be as provided for in Section is to be smoothly graded, hard sur - including mining, removal, transfer 329.01 of the Ordinances. faced and adequately drained; (8) and sale of soils and minerals on Meetings of the Board shall be the building permit number under acreage in a General Industry Dis - held in the City Hall at 9:30 a.m. on which the lot is established is to be trict. each Monday, except when that day posted; (9) and such other condi - is a legal holiday recognized by the tions may be imposed as the Board City, in which case the meeting deems necessary in a specific case The following appeal was With - drawn: shall be held on the following day. to reduce the adverse effect of the A majority of the Board shall con - proximity of a parking lot upon the Calendar No. 11-40: 9402 Pierpont stitute a quorum. character, development and mainte - A special meeting may be called nance of the Residence District in Avenue by the Secretary to the Board (here - which the parking lot is located Deborah Holland appealed to inafter “the Secretary”) at the according to Section 349.13(c). A install 125 linear feet of chain link request of the Chairperson or of wood stockade fence 6 feet high is fence 4 feet high in the actual front three other members of the Board. proposed contrary to Section 358.04 yard of a dwelling house in a B1 In the absence of a quorum, the that limits fence height to 4 feet in Two-Family District. the actual front yard of a residence minority present may call the meet - district and requires it to be at least ing to order, receive information The following appeals were Dis - and arguments, or adjourn until the 50 percent open; and less than 10 missed: feet from an adjacent residential next regular or special meeting. building is proposed for the acces - None. sory off-street parking contrary to III. ANNUAL MEETING Section 339.02(a). Pursuant to Sec - The annual meeting of the Board tion 349.07, all accessory parking The following appeal was Post - shall be the first regular meeting in spaces shall be provided with wheel poned: February of each year or upon a or bumper guards located so that no date determined at the discretion of part of a parked vehicle extends Tow Truck Drivers License the Board. beyond the parking spaces; and no Calendar No. 11-41: landscaping is proposed where the Jeffrey Andrew Gordon postponed IV. CHAIRPERSON lot abuts East 52nd Street and to May 16, 2011. Pursuant to the City’s Charter and where a landscape transition strip 8 the Codified Ordinances, the Chair - feet wide is required, landscaping 3 The following appeals heard by person of the Board (hereinafter feet and 5 feet in width is proposed the Board on April 11, 2011 were “the Chairperson”) shall be appoint - adjacent to the residential lot and adopted and approved on April 18, ed annually by the Mayor. The contrary to Sections 352.09-11 of the 2011. Chairperson shall have the follow - Cleveland Codified Ordinances. ing duties: The following appeals were 1. Preside at all meetings of the Secretary Approved: Board; 2. Sign all extra-official communi - None. cations; REPORT OF THE BOARD 3. Appoint all committees; and OF ZONING APPEALS The following appeals were 4. Perform such other duties as Denied: may be necessary or incident to his/her office to ensure the suc - MONDAY, APRIL 18, 2011 Calendar No. 11-35: 2111 Center Street cessful functioning of the Board in Cleveland 2111 LLC appealed to accordance with the intent and pur - At the meeting of the Board of establish music entertainment use in pose of the Ordinances. Zoning Appeals on Monday, April 18, a portion of a three-story building The Chairperson is no more nor no 2011, the following appeals were on an acreage parcel in a B3 Gen - less empowered than other members heard by the Board. eral Industry District. of the Board. 600 April 20, 2011 The City Record 25

The Chairperson is able to motion administrative officers’ decisions state the reason for the postpone - or second the vote of a decision of that the Board has authority to act ment and shall state the number of the Board. upon. Within the limits of its pow - previous postponements granted and The Chairperson shall defer to ers, the Board may reverse, affirm at whose request. The request must another member of the Board to wholly or in part, or modify any be filed with the Board’s Secretary. motion or approve a decision voted order, requirement, decision or deter - The Board may waive these require - upon by the Board. Absent a motion mination appealed from, and shall ments as it determines the circum - or second coming, the Chairperson make such order, requirement, deci - stances so demand. may motion or second a vote of the sion or determination as in its opin - The grant or denial of a request Board. ion ought to be made under the cir - for postponement of an appeal shall cumstances, and to that end shall be made at the time of the next V. VICE-CHAIRPERSON have all of the powers of the offi - scheduled meeting of the Board or A Vice-Chairperson shall be elect - cer from whose decision the appeal at such earlier time as the Board ed by a majority of the board and is taken. may determine. shall serve until a successor is elect - The Board shall also hear and If the request for postponement is ed. The Vice-Chairperson shall per - decide all appeals made for excep - denied, the hearing will proceed on form the duties of the Chairperson tions to and variations in the appli - its scheduled date. in the absence of the Chairperson at cation of ordinances, or orders or any Board meeting. regulations of administrative offi - IX. APPEALS cials or agencies and all matters Every appeal from the decisions VI. SECRETARY otherwise referred to it by any pro - related to zoning or appeals from In accordance with the City’s vision of the Ordinances. Unless oth - other administrative officers’ deci - Charter and the Codified Ordi - erwise specified in the Ordinances, sions that the Board has authority nances, the Director of City Plan - the Board shall review appeals from to act upon, shall be accepted by the ning shall designate from the staff administrative officers’ decisions Secretary, if the appeal is filed on of the Planning Commission an unrelated to zoning upon the basis a form provided by the Board or a employee who shall be the Secretary whether the decision appealed from reasonable facsimile thereof and if of the Board (hereinafter “the Sec - was arbitrary, capricious, or an the filing fee is paid at the time of retary”). abuse of discretion. filing. In addition to the duties imposed A decision of the Board reversing An appeal to the Board must be by Cleveland Codified Ordinance or modifying an administrative deci - made within the time specified in 329.01, the Secretary shall have the sion or granting a variance must be the applicable ordinance, compliance following duties: by the affirmative vote of a major - order, or notice, or, if no time is 1. Receive and file all appeals ity of its members. specified, no later than six (6) made to the Board; A decision of the Board shall months after the date of City offi - 2. Insert notices in the City become final when the Board rati - cials’ determination, order, require - ment or decision. Record of all appeals filed with the fies its decision made at the time of The appellant shall furnish all Board; the previous hearing. If the Board information requested by the Board 3. Serve notice by mail to the places preconditions on its ratifica - as it deems necessary for it to appellant and as far as practicable, tion of a decision, the preconditions decide appellant’s appeal. all directly affected property owners must be satisfied within six (6) The appellant or other interested or their agents of the day, time and months or the Board may dismiss party who seeks to subpoena and place of the hearing and maintain a the appeal for failure to satisfy the require the attendance of witnesses record of the names and addresses preconditions without showing good shall prepare and issue the subpoe - of the persons served in each case; cause for the Board to grant an na in accordance with Ohio law. The 4. Prepare a calendar containing extension. party seeking the subpoena shall all cases to be heard by the Board; No member of the Board shall submit it to the Board for signature 5. Keep minutes of the Board pass or vote upon any question at a regular meeting of the Board meetings and keep a record of all before the Board in which he or she or at any other time the Board may decisions rendered by the Board; has a direct or indirect financial be convened for official business. 6. Transmit one copy of each interest. An appeal already published in motion or resolution to the appro - A Board member shall disqualify the City Record may be withdrawn priate administrative officer for zon - himself or herself from a hearing in only with the approval of the Board. ing in the Building and Housing which the member’s impartiality Department or City administrative might reasonably be questioned, X. MEETINGS authority relevant to an appeal fil - including but not limited to a. The hearings of the Board shall ing and one copy to the Appellant; instances where: (1) the member be public. The procedure in the pub - 7. Furnish copies of the calendar has a personal bias or prejudice con - lic hearing shall be as follows: to each member of the Board and to cerning a party or a party’s repre - 1. Requests for postponement or the Building and Housing and/or sentative, or personal knowledge of continuance; City administrative authority rele - disputed facts: (2) the member 2. Requests for dismissal or for vant to an appeal filing at least knows that he or she, individually withdrawing of appeals; seven days prior to each meeting; or as a fiduciary, or the member’s 3. Hearing of appeals; 8. Provide a copy of the calendar spouse, parent, or child wherever 4. Consideration of pending to the office of the City Clerk for residing, or any other person in the motions; posting at least seven days prior to member’s household, has an eco - 5. Review of decisions pending each meeting; nomic interest in the matter in con - ratification; and, 9. Conduct all official correspon - troversy. 6. Any other business as may be dence of the Board. No officer or employee of the properly brought before the Board. 10. Perform such other duties as Board shall recommend an attorney, b. The procedure in hearing of may be necessary for expeditious architect, or any other person to rep - appeals shall be as follows: disposition of appeals to the Board; resent an appellant in the prosecu - 1. Chairperson calls the appeal; 11. Maintain a permanent record tion of an appeal. 2. Description of the matter; of the attendance and proceedings 3. Swearing in of witnesses; of the Board, showing the Board’s VIII. POSTPONEMENTS AND 4. History of the property, if rele - action and vote on each case; CONTINUANCES vant to appeal; 12. Cause to be published in the The Board, in its discretion, may 5. Legal standard of review; City Record a summary of the pro - postpone or continue any matter 6. Statement and presentation of ceedings of the Board; pending before it to a later date. evidence by the Appellant or his 13. At the end of each calendar Specifically, the Board may grant agent and others on his or her year prepare an annual report of the requests for continuances or post - behalf; proceedings of the Board; and ponements, upon a showing of good 7. Objections and presentation of 14. Sign all minutes of Board pro - cause, to an appellant or authorized evidence of interested property own - ceedings. agent, to an elected official, and to ers and other objections, comments a member of the City staff, or any - or information pertinent to the case; VII. POWER AND DUTIES one else with standing in the mat - 8. Rebuttal by appellant; The Board shall hear and decide ter to make such a request. The 9. Board questions for appellant or appeals from any order, require - Board may order a postponement or other interested parties; ment, decision or determination of continuances upon its own motion. 10. Staff testimony and recom - the any administrative officer relat - A request for postponement of a mendations; ing to zoning or appeals from other hearing shall be in writing, shall 11. Disposition of the appeal. 601 26 The City Record April 20, 2011

XI. REHEARING / RECONSID - The affidavit or supporting docu - and Housing, requiring compliance ERATON mentation must be filed within thir - with the Codified Ordinances of the The Board may grant a Request ty (30) days of the date when the City of Cleveland and the Ohio for Rehearing before the time runs Secretary mailed the notice. The Building Code (OBC). to appeal the determination made at Board may dismiss the appeal if the BE IT RESOLVED, a motion is in the hearing (30 days from ratifica - appellant fails to submit the affi - order at this time to grant the tion of decision), upon a request davit or any supporting documenta - required variances to the excessive showing any of the following: (1) tion within thirty (30) days demon - square foot compartments as out - Irregularity in the proceedings of strating a basis that prevents appli - lined in the Adjudication Order of the hearing or abuse of discretion cation of res judicata. January 14, 2011, and to require that by which an aggrieved party was the compartments construction be completed within two (2) years and prevented from having a fair hear - XIV. PERMITS ing; (2) Accident or surprise which smoke detection be installed In all matters where the decision throughout within one (1) year. The ordinary prudence could not have of the Board allows the issuance of guarded against; (3) The decision is property is REMANDED at this time a permit or license by the City, the to the Department of Building and contrary to law or an error of law Secretary shall forward a written housing for supervision and any occurred at the hearing; (4) Newly notice of the decision to the proper required further action. Motion so in discovered evidence, material for department. The department shall order. Motioned by Mr. Bradley and the party applying for rehearing, incorporate the conditions, if any, seconded by Mr. Saab. which with reasonable diligence imposed by the Board upon the per - Yeas: Messrs. Denk, Saab, Bradley, could not have been discovered and mit or license. Maschke, Sullivan. Nays: None. produced at the original hearing; or The permit or license shall not be Absent: Mr. Gallagher. (5) good cause shown as determined issued earlier than seven (7) days in the sound discretion of the Board. after the granting of an appeal * * * The Board may grant a Request unless, for good cause shown, the to Reconsider any prior Board Board waives the waiting period. Docket A-295-10. action after the time to appeal that A resolution of the Board granti - RE: Appeal of David Williams, action has run, but not more than 6 ng an appeal shall become void Owner of the Two Dwelling Units months after ratification of that unless permits or licenses are Two-Family Residence Two & action, for any of the following rea - obtained from the proper depart - One/half Story Frame Property sons: (1) clerical mistake or ment or departments, or the rights located on the premises known as scribers’ error in the resolution; (2) 12004 Soika Avenue from a CON - granted therein are exercised or oth - mistake, inadvertence, surprise or DEMNATION ORDER — MAIN erwise vested by the appellant, with - excusable neglect; (3) newly dis - STRUCTURE, dated May 7, 2010 of covered evidence, which by due dili - in six (6) months after the date of the Director of the Department of gence could not have been discov - the resolution. However, the Board Building and Housing, requiring ered in time to request for a rehear - may affirm its decision and extend compliance with the Codified Ordi - ing; (4) fraud, misrepresentation or the time to invoke the resolution for nances of the City of Cleveland and other misconduct of an adverse an additional six (6) months if the the Ohio Building Code (OBC). party; (5) any other reason justify - appellant so requests prior to the BE IT RESOLVED, a motion is in ing relief from the action as deter - expiration of the preceding six- order at this time to grant the mined under sound discretion of the month period upon a showing of Appellant twelve (12) months in Board. good cause for the Board to grant which to complete abatement of all Any member of the Board may the extension. violations, noting that the Appellant move for reconsideration of any will obtain the general and electri - decision made by the Board prior to XV. ANNUAL REPORT cal permits at this time. The prop - ratification of its decision. Upon completion of the annual erty is REMANDED at this time to report of the work of the Board, the the Department of Building and XII. REINSTATEMENT OF DIS - Secretary shall send a copy to each Housing for supervision and any required further action. Motion so in MISSED APPEAL of the members, to the Director of order. Motioned by Mr. Bradley and A request for reinstatement of an City Planning and any additional seconded by Mr. Maschke. appeal dismissed by the Board must distribution at the discretion and/or request of the City Planning Direc - Yeas: Messrs. Denk, Saab, Bradley, be filed with the Board within seven Maschke, Sullivan. Nays: None. tor. (7) days of the dismissal. This Absent: Mr. Gallagher. request shall be in writing and shall be supported by an affidavit setting XVI. AMENDMENTS * * * forth the reasons the appeal should These Rules and Regulations may be reinstated. be amended or supplemented by a Docket A-348-10. No appeal shall be reinstated majority vote of the Board at any RE: Appeal of Thomas J. Palker, except upon determination by the regular meeting, provided that the Owner of the One Dwelling Unit Sin - Board of good cause shown. Members of the Board have received gle-Family Residence Two Story a copy of the proposed amendment Frame Property located on the XIII. REFILING OF APPEAL at least seven (7) days prior to the premises known as 18714 Mohawk FOR VARIANCE PREVIOUSLY meeting. Avenue from a NOTICE OF VIOLA - DENIED OR FOR MODIFICATION TION — NO PERMIT, dated June 11, OF EXISTING VARIANCE. 2010 of the Director of the Depart - Any appeal which is identical or REPORT OF THE BOARD ment of Building and Housing, substantially similar to a previous - OF BUILDING STANDARDS requiring compliance with the Codi - ly filed appeal will be considered a fied Ordinances of the City of Cleve - re-filing of an appeal. Any appeal to AND BUILDING APPEALS land and the Ohio Building Code modify an existing variance will (OBC). also be considered a re-filing of an BE IT RESOLVED, a motion is in appeal. Re: Report of the Meeting of order at this time to find that per - The Board will dismiss any re-fil - April 13, 2011 mits for the fence must be obtained ing of an appeal for a variance as within thirty (30) days, and to grant res judicata unless the appellant As required by the provisions of the Appellant three (3) months in demonstrates a basis that would pre - Section 3103.20(2) of the Codified which to complete abatement of the vent the application of res judicata Ordinances of the City of Cleveland, exterior violations. The property is including: substantially changed cir - Ohio 1976, the following brief of REMANDED at this time to the action of the subject meeting is Department of Building and Hous - cumstances, substantial new rele - given for publication in the City ing for supervision and any required vant evidence that was not avail - Record: further action. Motion so in order. able at the hearing on the prior Motioned by Mr. Saab and seconded appeal, or that the application of res * * * by Mr. Bradley. judicata would create manifest Yeas: Messrs. Denk, Saab, Bradley, injustice. Docket A-446-09. Maschke, Sullivan. Nays: None. The Secretary will notify the RE: Appeal of International Spe - Absent: Mr. Gallagher. appellant when an appeal has been cialty Product Inc., Owner of the deemed a re-filing. The appellant Property located on the premises * * * may file with the Board an affidavit known as 3800 Woodland Avenue or any supporting documentation from an ADJUDICATION ORDER, Docket A-352-10. demonstrating a basis which pre - dated January 14, 2011 of the Direc - RE: Appeal of Mikeyla Kidd, vents application of res judicata. tor of the Department of Building Owner of the R-2 Residential – Non- 602 April 20, 2011 The City Record 27 transient; Apartments (Shared of the Department of Building and Docket A-366-10. Egress) Two Story Masonry Housing, requiring compliance with RE: Appeal of Maureen McGervey, Walls/Wood Floors Property located the Codified Ordinances of the City Owner of the One Dwelling Unit Sin - on the premises known as 14830 St. of Cleveland and the Ohio Building gle-Family Residence Two Story Clair Avenue from a CONDEMNA - Code (OBC). Frame Property located on the TION ORDER — MAIN STRUC - BE IT RESOLVED, a motion is in premises known as 3343 West 123rd TURE, dated April 16, 2010 of the order at this time to find that based Street from a NOTICE OF VIOLA - Director of the Department of Build - on testimony presented by the Build - TION — FIRE DAMAGE, dated July ing and Housing, requiring compli - ing Department, to DENY any exten - 26, 2010 of the Director of the ance with the Codified Ordinances sion of time to complete abatement Department of Building and Hous - of the City of Cleveland and the of the violations. The property is ing, requiring compliance with the Ohio Building Code (OBC). REMANDED at this time to the Codified Ordinances of the City of BE IT RESOLVED, a motion is in Department of Building and Hous - Cleveland and the Ohio Building order at this time to find that the ing for supervision and any required Code (OBC). Condemnation Order was properly further action. Motion so in order. Docket A-366-10 has been WITH - issued and to grant the Appellant Motioned by Mr. Bradley and sec - DRAWN at the request of the Appel - thirty (30) days in which to make onded by Mr. Saab. lant. the building weather tight and Yeas: Messrs. Denk, Saab, Bradley, remove all combustible debris and Maschke, Sullivan. Nays: None. * * * all debris from the building; and Absent: Mr. Gallagher. any additional time for any plans Docket A-367-10. presented is at the discretion of the * * * RE: Appeal of Andrew Kenney, City. The property is REMANDED Owner of the One Dwelling Unit Sin - at this time to the Department of Docket A-363-10. gle-Family Residence Two & Building and Housing for supervi - RE: Appeal of Edward J. Breck - One/half Story Frame Property sion and any required further ling, Owner of Two Dwelling Units located on the premises known as action. Motion so in order. Motioned Two-Family Residence Two & 3937 Riveredge Road from a LIMI - by Mr. Maschke and seconded by Mr. One/half Story Wood Frame/Sid - TATION ON THE PERMIT, dated Saab. ing/Masonry Property located on September 20, 2010; from a NOTICE Yeas: Messrs. Denk, Saab, Bradley, the premises known as 3945 River - OF VIOLATION — EXTERIOR Maschke, Sullivan. Nays: None. side Avenue from a NOTICE OF MAINTENANCE, NOTICE OF VIO - Absent: Mr. Gallagher. VIOLATION — EXTERIOR MAIN - LATION — NO PERMIT, and from TENANCE, dated August 10, 2010 of a CONDEMNATION ORDER — * * * the Director of the Department of GARAGE, dated August 25, 2010 of Building and Housing, requiring the Director of the Department of Docket A-358-10. compliance with the Codified Ordi - Building and Housing, requiring RE: Appeal of Caraman Corp., nances of the City of Cleveland and compliance with the Codified Ordi - Owner of the One Dwelling Unit Sin - the Ohio Building Code (OBC). nances of the City of Cleveland and gle-Family Residence Two Story BE IT RESOLVED, a motion is in the Ohio Building Code (OBC). Frame Property located on the order at this time to require that a BE IT RESOLVED, a motion is in premises known as 900 East 146th brace be put on the corner of the order at this time to grant the Street from a CONDEMNATION roof of the porch, and to grant the Appellant five (5) months in which ORDER — MAIN STRUCTURE, Appellant two (2) weeks in which to complete abatement of all viola - dated October 8, 2009 of the Director to clean up all the debris on the site, tions. The property is REMANDED thirty (30) days in which to obtain of the Department of Building and at this time to the Department of the required permits, and six (6) Housing, requiring compliance with Building and Housing for supervi - months in which to complete abate - the Codified Ordinances of the City sion and any required further ment of the violations. The proper - of Cleveland and the Ohio Building action. Motion so in order. Motioned ty is REMANDED at this time to the Code (OBC). Department of Building and Hous - by Mr. Maschke and seconded by Mr. No action this date, the docket ing for supervision and any required Sullivan. will be rescheduled for April 27, further action. Motion so in order. Yeas: Messrs. Denk, Saab, Bradley, 2011. Motioned by Mr. Sullivan and sec - Maschke, Sullivan. Nays: None. onded by Mr. Saab. Absent: Mr. Gallagher. * * * Yeas: Messrs. Denk, Saab, Bradley, Maschke, Sullivan. Nays: None. * * * Docket A-361-10. Absent: Mr. Gallagher. RE: Appeal of William Storer, Docket A-369-10. Owner of the One Dwelling Unit Sin - * * * RE: Appeal of Warehouse Hold - gle-Family Residence Two & ings LLC, Owner of the S-1 One Stor - One/half Story Frame Property Docket A-365-10. age – Moderate Hazard (Com - located on the premises known as RE: Appeal of Michelle Booker, bustibles) Three Story Masonry 3540 East 104th Street from a LIMI - Owner of the Four Dwelling Units Walls/Wood Floors Property located TATION ON THE PERMITS, dated Two Story Masonry Property locat - on the premises known as 4900 September 10, 2010 of the Director of ed on the premises known as 15220 Lakeside Avenue from a CONDEM - the Department of Building and Saranac Road from a CONDEMNA - NATION ORDER — MAIN STRUC - Housing, requiring compliance with TION ORDER, dated January 31, TURE, dated July 1, 2009 of the the Codified Ordinances of the City 2003 of the Director of the Depart - Director of the Department of Build - of Cleveland and the Ohio Building ment of Building and Housing, ing and Housing, requiring compli - Code (OBC). requiring compliance with the Codi - ance with the Codified Ordinances BE IT RESOLVED, a motion is in fied Ordinances of the City of Cleve - of the City of Cleveland and the order at this time to grant the land and the Ohio Building Code Ohio Building Code (OBC). Appellant six (6) months in which (OBC). BE IT RESOLVED, a motion is in to complete abatement of the viola - BE IT RESOLVED, a motion is in order at this time to find that the tions. The property is REMANDED order at this time to find that the Condemnation Order was properly at this time to the Department of Condemnation Order was properly issued and the notification to the Building and Housing for supervi - issued and that the owner is owner to submit a plan was also sion and any required further required to conduct an inspection of properly issued; the appeal request action. Motion so in order. Motioned the property with Mr. Clark, the for time is DENIED. The property is by Mr. Bradley and seconded by Mr. inspector, and obtain permits for REMANDED at this time to the Saunders. any work that is required after the Department of Building and Hous - Yeas: Messrs. Denk, Saab, Bradley, inspection and proceed with the ing for supervision and any required Maschke, Sullivan. Nays: None. work as dictated by the City, and further action, noting that the graf - Absent: Mr. Gallagher. thirty (30) days to obtain all per - fiti and debris be immediately mits pursuant to or subsequent to cleaned from the property. Motion so * * * the inspection. The property is in order. Motioned by Mr. Saab and REMANDED at this time to the seconded by Mr. Bradley. Docket A-362-10. Department of Building and Hous - Yeas: Messrs. Denk, Saab, Bradley, RE: Appeal of Dannie Lawson, ing for supervision and any required Maschke, Sullivan. Nays: None. Owner of the One Dwelling Unit Sin - further action, noting that there will Absent: Mr. Gallagher. gle-Family Residence Two Story be no further extensions. Motion so Frame Property located on the in order. Motioned by Mr. Saab and * * * premises known as 3190 East 119th seconded by Mr. Sullivan. Street from a CONDEMNATION Yeas: Messrs. Denk, Saab, Bradley, Docket A-370-10. ORDER — MAIN STRUCTURE, Maschke, Sullivan. Nays: None. RE: Appeal of Coalition for a Bet - dated May 26, 2010 of the Director Absent: Mr. Gallagher. ter Community, Owner of the One 603 28 The City Record April 20, 2011

Dwelling Unit Single-Family Resi - One/half Story Frame Property BE IT RESOLVED, a motion is in dence Two Story Frame Property located on the premises known as order at this time to grant the con - located on the premises known as 2256 East 85th Street from a CON - tinuing variance regarding the 18714 Mohawk Avenue from a DEMNATION ORDER — MAIN restrooms at the Scene Pavilion, and NOTICE OF VIOLATION — NO STRUCTURE, dated August 27, 2010 requiring that should the number of PERMIT, dated June 11, 2010 of the of the Director of the Department of attendees vary or the condition of Director of the Department of Build - Building and Housing, requiring the structure vary appreciably, that ing and Housing, requiring compli - compliance with the Codified Ordi - the Appellant must re-appeal to the ance with the Codified Ordinances nances of the City of Cleveland and Board of Building Standards and of the City of Cleveland and the the Ohio Building Code (OBC). Building Appeals. Motion so in Ohio Building Code (OBC). BE IT RESOLVED, a motion is in order. Motioned by Mr. Gallagher BE IT RESOLVED, a motion is in order at this time to grant the and seconded by Mr. Saab. order at this time to find that the Appellant twelve (12) months in Yeas: Messrs. Denk, Saab, Bradley, Notice of Violation was properly which to complete abatement of all Maschke, Sullivan. Nays: None. issued and the Appellant is granted exterior and interior violations; the Absent: Mr. Gallagher. thirty (30) days in which to obtain property is to remain secured and all permits and three (3) months in the grounds debris free during that * * * which to complete abatement of the period of time and to grant the violations. The property is Appellant thirty (30) days in which Docket A-76-11. REMANDED at this time to the to obtain the required permits. The RE: Appeal of WRRS, LLC, Owner Department of Building and Hous - property is REMANDED at this time of the F-1 Factory – Moderate Haz - ing for supervision and any required to the Department of Building and ard (Combustibles) One Story further action. Motion so in order. Housing for supervision and any Masonry Semi-Industry Property Motioned Mr. Maschke and seconded required further action. Motion so in located on the premises known as by Mr. Bradley. order. Motioned by Mr. Bradley and 16700 St. Clair Avenue (Bldg. I) Yeas: Messrs. Denk, Saab, Bradley, seconded by Mr. Maschke. from a CONDEMNATION ORDER — Maschke, Sullivan. Nays: None. Yeas: Messrs. Denk, Saab, Bradley, MAIN STRUCTURE, dated February Absent: Mr. Gallagher. Maschke, Sullivan. Nays: None. 25, 2011 of the Director of the Absent: Mr. Gallagher. Department of Building and Hous - * * * ing, requiring compliance with the * * * Codified Ordinances of the City of Docket A-372-10. Cleveland and the Ohio Building RE: Appeal of Michael Turczyk, Docket A-378-10. Code (OBC). Owner of the Residential Property RE: Appeal of Jevon Slone, Owner BE IT RESOLVED, a motion is in located on the premises known as of the Residential Property located order at this time to find that the 4218 Henritze Avenue from NOTICE on the premises known as 2338 East Condemnation Order was properly OF VIOLATION — HVAC, dated 90th Street from a LIMITATION ON issued based on the evidence pre - August 26, 2010 of the Director of THE PERMIT, dated August 30, sented by the photographs, the the Department of Building and 2010 of the Director of the Depart - Appellant is granted two (2) weeks Housing, requiring compliance with ment of Building and Housing, in which to put up the fence and the Codified Ordinances of the City requiring compliance with the Codi - two (2) weeks in which to present of Cleveland and the Ohio Building fied Ordinances of the City of Cleve - an engineering report indicating Code (OBC). land and the Ohio Building Code what areas they want to keep up and the structural integrity of those BE IT RESOLVED, a motion is in (OBC). areas, and sixty (60) days in which order at this time to find that the Docket A-378-10 has been WITH - Violation Notice was properly issued to complete the demolition of the DRAWN at the request of the Appel - and to grant the variance to the dis - property anticipated by the order lant. tance from the adjacent property and by the engineering report. The line, allowing the air conditioning property is REMANDED to the * * * unit to remain where it is, and to Department of Building and Hous - grant the Appellant a thirty (30) ing for supervision and any required day extension of time to acquire the Docket A-43-11. further action. Motion so in order. required permits. Motion so in order. RE: Appeal of George Sadek, Motioned by Mr. Sullivan and sec - Motioned by Mr. Sullivan and sec - Owner of the Two Dwelling Units onded by Mr. Saab. onded by Mr. Bradley. Two-Family Residence Two Story Yeas: Messrs. Denk, Saab, Bradley, Yeas: Messrs. Denk, Saab, Bradley, Wood Frame/Siding/Masonry Sullivan, Maschke. Nays: None. Maschke, Sullivan. Nays: None. Veneer Property located on the Absent: Mr. Gallagher. Absent: Mr. Gallagher. premises known as 8026 Decker Avenue from a CONDEMNATION * * * * * * ORDER — MAIN STRUCTURE, dated January 18, 2011 of the Direc - Docket A-77-11. Docket A-375-10. tor of the Department of Building RE: Appeal of WRRS, LLC, Owner RE: Appeal of Edwin Ocasio, and Housing, requiring compliance of the F-1 Factory – Moderate Haz - Owner of the One Dwelling Unit Sin - with the Codified Ordinances of the ard (Combustibles) One Story gle-Family Residence Two Story City of Cleveland and the Ohio Masonry Semi-Industry Property Frame Property located on the Building Code (OBC). located on the premises known as premises known as 11903 Hirst BE IT RESOLVED, a motion is in 16700 St. Clair Avenue (Bldg. II) Avenue from a NOTICE OF VIOLA - order at this time to find that the from a CONDEMNATION ORDER — TION, dated November 24, 2009 of Condemnation Order was properly MAIN STRUCTURE, dated February the Director of the of the Depart - issued and the Appellant is granted 25, 2011 of the Director of the ment of Building and Housing, thirty (30) days in which to either Department of Building and Hous - requiring compliance with the Codi - abate all the violations or demolish ing, requiring compliance with the fied Ordinances of the City of Cleve - the property. The property is Codified Ordinances of the City of land and the Ohio Building Code REMANDED at this time to the Cleveland and the Ohio Building (OBC). Department of Building and Hous - Code (OBC). BE IT RESOLVED, a motion is in ing for supervision and any required BE IT RESOLVED, a motion is in order at this time to grant the further action. Motion so in order. order at this time to find that the Appellant six (6) months in which Motioned by Mr. Maschke and sec - Condemnation Order was properly to complete abatement of the viola - onded by Mr. Saab. issued based on the evidence pre - tions. The property is REMANDED Yeas: Messrs. Denk, Saab, Bradley, sented by the photographs, the at this time to the Department of Maschke, Sullivan. Nays: None. Appellant is granted two (2) weeks Building and Housing for supervi - Absent: Mr. Gallagher. in which to put up the fence and sion and any required further two (2) weeks in which to present action. Motion so in order. Motioned * * * an engineering report indicating by Mr. Saab and seconded by Mr. what areas they want to keep up Maschke. Docket A-75-11. and the structural integrity of those Yeas: Messrs. Denk, Saab, Bradley, RE: Appeal of Jacobs Investments areas, and sixty (60) days in which Maschke, Sullivan. Nays: None. Management, Co., Inc., Owner of the to complete the demolition of the Absent: Mr. Gallagher Property located on the premises property anticipated by the order known as 2014 Sycamore Street from and by the engineering report. The * * * an ADJUDICATION ORDER, of the property is REMANDED to the Director of the Department of Build - Department of Building and Hous - Docket A-376-10. ing and Housing, requiring compli - ing for supervision and any required RE: Appeal of Beverly White, ance with the Codified Ordinances further action. Motion so in order. Owner of the Two Dwelling Units of the City of Cleveland and the Motioned by Mr. Sullivan and sec - Two-Family Residence Two & Ohio Building Code (OBC). onded by Mr. Saab. 604 April 20, 2011 The City Record 29

Yeas: Messrs. Denk, Saab, Bradley, 16700 St. Clair Avenue (Bldg. V) A motion is in order at this time Sullivan., Maschke. Nays: None. from a CONDEMNATION ORDER — to grant the Appellant ninety (90) Absent: Mr. Gallagher. MAIN STRUCTURE, dated February days in which to obtain the required 25, 2011 of the Director of the permits and complete abatement of * * * Department of Building and Hous - the violations, the property is ing, requiring compliance with the REMANDED at this time to the Docket A-78-11. Codified Ordinances of the City of Department of Building and Hous - RE: Appeal of WRRS, LLC, Owner Cleveland and the Ohio Building ing for supervision and any required of the F-1 Factory – Moderate Haz - Code (OBC). further action, noting that exten - ard (Combustibles) One Story BE IT RESOLVED, a motion is in sions should be gr. Motion so in Masonry Semi-Industry Property order at this time to find that the order. Motioned by Mr. Saab and sec - located on the premises known as Condemnation Order was properly onded by Mr. Bradley. 16700 St. Clair Avenue (Bldg. III) issued based on the evidence pre - from a CONDEMNATION ORDER — sented by the photographs, the Yeas: Messrs. Denk, Saab, Bradley, MAIN STRUCTURE, dated February Appellant is granted two (2) weeks Sullivan, Maschke. Nays: None. 25, 2011 of the Director of the in which to put up the fence and Absent: Mr. Gallagher. Department of Building and Hous - two (2) weeks in which to present ing, requiring compliance with the an engineering report indicating * * * Codified Ordinances of the City of what areas they want to keep up Cleveland and the Ohio Building and the structural integrity of those APPROVAL OF RESOLUTIONS: Code (OBC). areas, and sixty (60) days in which BE IT RESOLVED, a motion is in to complete the demolition of the Separate motions were entered by order at this time to find that the property anticipated by the order Mr. Saab and seconded by Mr. Denk Condemnation Order was properly and by the engineering report. The for Approval and Adoption of the issued based on the evidence pre - property is REMANDED to the Resolutions as presented by the Sec - sented by the photographs, the Department of Building and Hous - retary for the following Dockets Appellant is granted two (2) weeks ing for supervision and any required respectively, subject to the Codified in which to put up the fence and further action. Motion so in order. Ordinances of the City of Cleveland two (2) weeks in which to present Motioned by Mr. Sullivan and sec - and the Ohio Building Code (OBC): an engineering report indicating onded by Mr. Saab. what areas they want to keep up Yeas: Messrs. Denk, Saab, Bradley, A-311-10 — Elaine M. Marconi and the structural integrity of those Sullivan, Maschke. Nays: None. A-314-10 — Diane A. Merriweather A-337-10 — Edward Giarda areas, and sixty (60) days in which Absent: Mr. Gallagher. to complete the demolition of the Yeas: Messrs. Denk, Saab, Bradley, property anticipated by the order * * * and by the engineering report. The Maschke. Nays: None. Absent: Mr. Gallagher. Not Voting: Mr. Sullivan. property is REMANDED to the Docket A-89-11. Department of Building and Hous - RE: Appeal of Harbor Group, * * * ing for supervision and any required Owner of the Property located on further action. Motion so in order. the premises known as 200 Public Motioned by Mr. Sullivan and sec - Separate motions were entered by Square from an ADJUDICATION Mr. Saab and seconded by Mr. onded by Mr. Saab. ORDERS, dated March 24, 2011 of Yeas: Messrs. Denk, Saab, Bradley, Bradley for Approval and Adoption the Director of the Department of of the Resolutions as presented by Sullivan, Maschke. Nays: None. Building and Housing, requiring Absent: Mr. Gallagher. the Secretary for the following compliance with the Codified Ordi - Dockets respectively, subject to the nances of the City of Cleveland and * * * Codified Ordinances of the City of the Ohio Building Code (OBC). Cleveland and the Ohio Building BE IT RESOLVED, that having Code (OBC): Docket A-79-11. reviewed the material and testimo - RE: Appeal of WRRS, LLC, Owner ny presented and the locations visu - A-339-10 — SV Wilson Investments of the F-1 Factory – Moderate Haz - alized, a motion is in order at this ard (Combustibles) One Story LLC time to permit the banner to be A-342-10 — Deutsche Bank Masonry Semi-Industry Property installed of the material presented A-343-10 — Richard Jason Whitt located on the premises known as and in the location presented. A-345-10 — Danial Belcher 16700 St. Clair Avenue (Bldg. IV) A-347-10 — 3300 West 65th Street, from a CONDEMNATION ORDER — Motion so in order. Motioned by Mr. Sullivan and seconded by Mr. LLC MAIN STRUCTURE, dated February A-349-10 — Jure Zovko 25, 2011 of the Director of the Maschke. Yeas: Messrs. Denk, Saab, Bradley, A-350-10 — Carleitha Price Department of Building and Hous - A-351-10 — Charles Leamon ing, requiring compliance with the Sullivan, Maschke. Nays: None. Absent: Mr. Gallagher. A-354-10 — Latashia M. Wilson Codified Ordinances of the City of A-355-10 — Ronald Busch Cleveland and the Ohio Building A-357-10 — Lashawn N. Franklin Code (OBC). * * * A-482-10 — Lavren G. Harmon BE IT RESOLVED, a motion is in A-483-10 — Thomas Gillespie order at this time to find that the Docket A-90-11. A-1-11 — Diane A. Merriweather Condemnation Order was properly RE: Appeal of Grubb-Ellis Man - A-81-11 — Graystone Properties issued based on the evidence pre - agement, Owner of the Property A-83-11 — Forest Bay Tower City, sented by the photographs, the located on the premises known as LLC Appellant is granted two (2) weeks 1320 Prospect Avenue from an in which to put up the fence and ADJUDICATION ORDERS, dated Yeas: Messrs. Denk, Saab, Bradley, two (2) weeks in which to present March 24, 2011 of the Director of the Maschke. Nays: None. Absent: Mr. an engineering report indicating Department of Building and Hous - Gallagher. Not Voting: Mr. Sullivan. what areas they want to keep up ing, requiring compliance with the and the structural integrity of those Codified Ordinances of the City of * * * areas, and sixty (60) days in which Cleveland and the Ohio Building to complete the demolition of the Code (OBC). APPROVAL OF MINUTES: property anticipated by the order BE IT RESOLVED, that having and by the engineering report. The reviewed the material and testimo - Separate motions were entered by property is REMANDED to the ny presented and the locations visu - Mr. Bradley and seconded by Mr. Department of Building and Hous - ing for supervision and any required alized, a motion is in order at this Saab for Approval and Adoption of further action. Motion so in order. time to permit the banner to be the Minutes as presented by the Sec - Motioned by Mr. Sullivan and sec - installed of the material presented retary, subject to the Codified Ordi - onded by Mr. Saab. and in the location presented. nances of the City of Cleveland and Yeas: Messrs. Denk, Saab, Bradley, Motion so in order. Motioned by Mr. the Ohio Building Code (OBC): Sullivan, Maschke. Nays: None. Sullivan and seconded by Mr. Absent: Mr. Gallagher. Maschke. March 30, 2011 Yeas: Messrs. Denk, Saab, Bradley, * * * Sullivan, Maschke. Nays: None. Yeas: Messrs. Denk, Saab, Bradley, Absent: Mr. Gallagher. Maschke. Nays: None. Absent: Mr. Docket A-80-11. Gallagher. Not Voting: Mr. Sullivan. RE: Appeal of WRRS, LLC, Owner EXTENSION OF TIME: of the F-1 Factory – Moderate Haz - * * * ard (Combustibles) One Story Docket A-23-10 — Northeast Shores Masonry Semi-Industry Property Development Group – 384 East 163rd JOSEPH F. DENK located on the premises known as Street: Chairman 605 30 The City Record April 20, 2011

PUBLIC NOTICE Ord. No. 341-11. must be submitted on the blanks By Council Member Zone. supplied for the purpose, all of An ordinance changing the Use, which may be obtained at the office Area and Height Districts of lands of the said Commissioner of Pur - NONE on the north and south sides of chases and Supplies, but no bid will Detroit Avenue between W. 70th be considered unless delivered to Street and W. 45th Street shown the office of the said commissioner NOTICE OF PUBLIC HEARING shaded on the attached map to Local previous to 12:00 noon (Eastern ______Retail Business, a ‘C’ Area District Standard Time) on the date speci - and a ‘2’ Height District (Map fied in the schedule. Notice of Public Hearing Change Number 2349, Sheet 1). 187.10 Negotiated contracts; Notice By the Council Committee required in Advertisement for Bids. On City Planning Ord. No. 342-11. Where invitations for bids are By Council Member Zone. advertised, the following notice Mercedes Cotner An ordinance changing the Use shall be included in the advertise - and Height Districts of land on the Committee Room 217 ment: “Pursuant to the MBE/FBE southeast corner of Lorain Rd. and City Hall, Cleveland, Ohio Code, each prime bidder, each minor - West 65th Street to Open Space and On Wednesday, April 27, 2011 ity business enterprise (“MBE”) and Recreation and a ‘1’ Height District 1:00 p.m. each female business enterprise (Map Change Number 2350, Sheet 1). (“FBE”) must be certified before Notice is hereby given to all inter - Ord. No. 343-11. doing business with the City. There - ested property owners that the fore, any prime contractor wishing Council Committee on City Planning By Council Member Zone. An ordinance changing the Use to receive credit for using an MBE will hold a public hearing in the or FBE should ensure that applica - Mercedes Cotner Committee Room District of land south of Lorain Rd. and on the south side of Lorain tions for certification as to MBE or 217, City Hall, Cleveland, Ohio, on FBE status compliance with the Wednesday, April 27, 2011, at 1:00 between W. 55th Street and W. 52nd Street shown shaded on the attached Code, affirmative action in employ - p.m., to consider the following ordi - map to Local Retail Business (Map ment and, if applicable, joint ven - nances now pending in the Council: Change Number 2351, Sheet 1). ture status, are submitted to the Of - fice of Equal Opportunity (“OEO”) Ord. No. 334-11. Ord. No. 344-11. prior to the date of bid opening or By Council Member Cimperman. By Council Member Zone. submission of proposals or as speci - An ordinance to change the Use An ordinance changing the Use fied by the Director. Failure to com - and Area Districts of land located and Height Districts of land on the ply with the business enterprise on Lorain Avenue and West 25th south side of Lorain Avenue code or with representations made Street, bounded by West 32nd Street, between W. 50th Street and West on these forms may result in can - Gehring Street, Jay Avenue and 48th Place shown shaded on the cellation of the contract or other Chatham Road to Local Retail Busi - attached map to a Two Family Res - civil or criminal penalties.” ness and a ‘C’ Area District (Map idential District and a ‘1’ Height Change No. 2356, Sheet No. 1). District (Map Change Number 2352, WEDNESDAY, MAY 4, 2011 Sheet 1). Ord. No. 335-11. File No. 59-11 — 2011 Summer Food By Council Member Cimperman. Ord. No. 345-11. Program, for the Division of Recre - An ordinance to change the Use, By Council Member Zone. Area and Height District of land on ation, Department of Public Works, An ordinance to change the Use, as authorized by Ordinance No. the north and south sides of Detroit Area and Height Districts of lands west of W. 25th Street and east of 1506-10, passed by the Council of the located south of Lorain Avenue City of Cleveland, February 9, 2011. West 32nd Street to Local Retail between West 41st Street and West THERE WILL BE A MANDATORY Business, a ‘D’ Area District and a 38th Street to Local Retail, a ‘D’ PRE-BID MEETING TUESDAY, ‘2’ or a ‘3’ Height District (Map Area District and a ‘3’ Height Dis - APRIL 26, 2011 AT 11:00 A.M. AT Change No. 2358, Sheet No. 1). trict (Map Change No. 2357; Sheet THE , No. 1). Ord. No. 337-11. THE DIVISION OF PURCHASES By Council Member Zone. Ord. No. 346-11. AND SUPPLIES, ROOM 128, 601 An ordinance changing the Use By Council Members Zone and LAKESIDE AVENUE, CLEVE - District of land on Detroit Avenue Cimperman. LAND, OHIO 44114. between W. 85th Street and W. 70th An ordinance establishing a THE CITY OF CLEVELAND WILL Street and land at the northeast cor - Pedestrian Retail Overlay (PRO) NOT CONSIDER THE BID OF ner of Lake Avenue and Detroit District on Lorain Road between ANYONE WHO DOES NOT AT- shown shaded on the attached map West 85th Street and Gehring Street TEND A MANDATORY PRE-BID to Local Retail Business (Map (Map Change No. 2355, Sheet Num - CONFERENCE. Change Number 2346, Sheet 1). ber 1). File No. 60-11 — Food, Food Prod - Ord. No. 338-11. All interested persons are urged ucts, Beverages, Condiments and By Council Member Zone. to be present or to be represented at Paper Products at Camp Forbes, An ordinance changing the Use the above time and place. for the Division of Recreation, District of land located on the south - Department of Public Works, as west corner of Lake Avenue and Phyllis E. Cleveland authorized by Ordinance No. 1506-10, Detroit Avenue to General Retail Chair passed by the Council of the City Business (Map Change Number 2345, Committee on City Planning of Cleveland, February 9, 2011. Sheet 1). _____ THERE WILL BE A NON- MANDA - April 13, 2011 and April 20, 2011 TORY PRE-BID MEETING Ord. No. 339-11. TUESDAY, APRIL 26, 2011 AT By Council Member Zone. 12:00 P.M. AT THE CLEVELAND An ordinance changing the Use CITY HALL, THE DIVISION OF District of land bounded by Lake CITY OF CLEVELAND BIDS PURCHASES AND SUPPLIES, Avenue, Detroit Avenue and West ROOM 128, 601 LAKESIDE 78th Street to Multi-Family Residen - AVENUE, CLEVELAND, OHIO tial (Map Change Number 2347, 44114. Sheet 1). For All Departments

Ord. No. 340-11. Sealed bids will be received at the April 13, 2011 and April 20, 2011 By Council Member Zone. office of the Commissioner of Pur - An ordinance changing the Use chases and Supplies, Room 128, City THURSDAY, MAY 5, 2011 District of land south of Detroit Hall, in accordance with the append - Avenue on the east side of West ed schedule, and will be opened and File No. 62-11 — Liquid Chlorine, for 55th Street shown shaded on the read in Room 128, City Hall, imme - the Division of Water, Department attached map to a Two Family Res - diately thereafter. of Public Utilities, as authorized by idential District (Map Change Num - Each bid must be made in accor - Section 129.24 of the Codified Ordi - ber 2348, Sheet 1). dance with the specifications and nances of Cleveland, Ohio, 1976. 606 April 20, 2011 The City Record 31

THERE WILL BE A NON- MAN - of Motor Vehicle Maintenance, De - Section 129.24 of the Codified Ordi - DATORY PRE-BID MEETING partment of Public Works, as nances of Cleveland, Ohio, 1976. THURSDAY, APRIL 21, 2011 AT authorized by Ordinance No. 1330-A- THERE WILL BE A NON-MANDA - 10:00 A.M. AT THE CARL B. 10, passed by the Council of the TORY PRE-BID MEETING STOKES PUBLIC UTILITIES City of Cleveland, December 6, 2010. THURSDAY, APRIL 28, 2011 AT BUILDING, 4TH FLOOR ATRIUM THERE WILL BE A NON- MAN - 2:30 P.M. THE CARL B. STOKES CONFERENCE ROOM, 1201 LAKE - DATORY PRE-BID MEETING PUBLIC UTILITIES BUILDING, SIDE AVENUE, CLEVELAND, MONDAY, APRIL 25, 2011 AT 4TH FLOOR CONFERENCE OHIO 44114. 10:00 A.M. AT THE MOTOR ROOM, 1201 LAKESIDE VEHICLE MAINTENANCE, 4150 AVENUE, CLEVELAND, OHIO EAST 49TH STREET, CLEVE - 44114. April 13, 2011 and April 20, 2011 LAND, OHIO 44105. File No. 66-11 — Pipe Repair WEDNESDAY, MAY 11, 2011 Clamps, for the Division of Water, April 13, 2011 and April 20, 2011 Department of Public Utilities, as File No. 5 6-11 — Rehabilitating and authorized by Section 129.25 of the Relining Sewers at Various Loca - WEDNESDAY, MAY 11, 2011 Codified Ordinances of Cleveland, tions Throughout the City for Ohio, 1976. File No. 63-11 — Water Pollution 2011-2012, for the Division of Water THERE WILL BE A NON-MANDA - Control Building Storm Water Pollution Control, Department of TORY PRE-BID MEETING Management Improvements Pro - Public Utilities, as authorized by THURSDAY, APRIL 28, 2011 AT ject, for the Division of Water Pol - Section 129.292 of the Codified Ordi - 10:30 A.M. THE DISTRIBUTION lution Control, Department of Pub - nances of Cleveland, Ohio, 1976. AND MAINTENANCE, PIPE lic Utilities, as authorized by Ordi - THERE WILL BE A NON-REFUND - REPAIR CONFERENCE ROOM, nance No. 8-10, passed by the Coun - ABLE FEE FOR PLANS/SPECI - 4600 HARVARD AVENUE, cil of City of Cleveland, April 12, FICATIONS IN THE AMOUNT OF CLEVELAND, OHIO 44105. FIFTY DOLLARS ($50.00) IN 2010. THE FORM OF A CASHIER’S THERE WILL BE A NON-REFUND - CHECK AND/OR MONEY OR- ABLE FEE FOR PLANS AND April 20, 2011 and April 27, 2011 DER (NO COMPANY CHECKS, SPECIFICATIONS IN THE NO CASH AND NO CREDIT AMOUNT OF FIFTY DOLLARS THURSDAY, MAY 19, 2011 CARDS WILL BE ACCEPTED). ($50.00) IN THE FORM OF A THERE WILL BE A NON- MAN - CASHIER’S CHECK AND OR File No. 64-11 — Office Supplies 2011 DATORY PRE-BID MEETING MONEY ORDER ONLY (NO COM - (Re-bid), for the Various Divisions FRIDAY, APRIL 29, 2011 AT PANY CHECKS, NO CASH AND of City Government, Department of 11:00 A.M. AT THE DIVISION OF NO CREDIT CARDS WILL BE Finance, as authorized by Ordi - ACCEPTED). WATER POLLUTION CONTROL, nance No. 897-10, passed by the THERE WILL BE A MANDATORY 12302 KIRBY AVENUE, CLEVE - Council of City of Cleveland, PRE-BID MEETING TUESDAY, LAND, OHIO 44108. August 18, 2010. MAY 3, 2011 AT 10:00 A.M. THE THERE WILL BE A NON-MANDA - DIVISION OF WATER POLLU - TORY PRE-BID MEETING MON - TION CONTROL, 12302 KIRBY April 13, 2011 and April 20, 2011 DAY, MAY 2, 2011 AT 10:00 A.M. AVENUE, CLEVELAND, OHIO THE CLEVELAND CITY HALL, THURSDAY, MAY 12, 2011 44108. THE CITY OF CLEVELAND WILL DIVISION OF PURCHASES AND SUPPLIES, ROOM 128, 601 LAKE - File No. 57-11 — MSA SCBA for NOT CONSIDER THE BID OF ANYONE WHO DOES NOT AT- SIDE AVENUE, CLEVELAND, Cleveland Fire Department, for OHIO 44114. the Division of Fire, Department of TEND A MANDATORY PRE-BID CONFERENCE. Public Safety, as authorized by File No. 67-11 — Purchase of Vari - Ordinance No. 15-11, passed by the ous Types of Safety Equipment Council of the City of Cleveland, File No. 71-11 — Labor and Materi - als to Paint Poles and Other Required for OSHA/PERRP Com - January 31, 2011. Street Side Elements, for the Divi - pliance (Re-Bid), for the Division THERE WILL BE A NON- MAN - sion of Cleveland Public Power, of Water, Department of Public DATORY PRE-BID MEETING Department of Public Utilities, as Utilities, as authorized by Ordi - THURSDAY, APRIL 21, 2011 AT authorized by Section 181.101 of the nance No. 870-10 passed by the 1:00 P.M. AT THE FIRE HEAD - Codified Ordinances of Cleveland, Council of City of Cleveland, QUARTERS, BASEMENT CON - Ohio, 1976. August 10, 2010. FERENCE ROOM, 1645 SUPERIOR THERE WILL BE A NON-MANDA - THERE WILL BE A NON-MANDA - AVENUE, CLEVELAND, OHIO TORY PRE-BID MEETING FRI - TORY PRE-BID MEETING 44114. DAY, APRIL 29, 2011 AT 10:00 THURSDAY, APRIL 28, 2011 AT A.M. CLEVELAND PUBLIC 10:30 A.M. THE CARL B. STOKES April 13, 2011 and April 20, 2011 POWER DIVISION, TOM L. PUBLIC UTILITIES BUILDING, JOHNSON BUILDING, 1300 4TH FLOOR ATRIUM CONFER - WEDNESDAY, MAY 18, 2011 LAKESIDE AVENUE, CLEVE - ENCE ROOM1201 LAKESIDE LAND, OHIO 44114. AVENUE, CLEVELAND, OHIO File No. 58-11 — Adjustable Valve 44114. Boxes and Appurtenances, for the File No. 72-11 — Labor and Materi - Division of Water, Department of als for Rigging Services, for the File No. 68-11 — Neutralization Division of Cleveland Public Power, Public Utilities, as authorized by Chemicals (Re-Bid), for the Divi - Department of Public Utilities, as Section 129.25 of the Codified Ordi - sion of Water, Department of Pub - authorized by Ordinance No. 869-10, nances of Cleveland, Ohio, 1976. lic Utilities, as authorized by Sec - passed by the Council of City of THERE WILL BE A NON- MAN - tion 129.24 of the Codified Ordi - Cleveland, August 18, 2010. nances of Cleveland, Ohio, 1976. DATORY PRE-BID MEETING THERE WILL BE A NON-MANDA - WEDNESDAY, APRIL 27, 2011 THERE WILL BE A NON-MANDA - TORY PRE-BID MEETING FRI - TORY PRE-BID MEETING AT 10:30 A.M. AT THE DIVISION DAY, APRIL 29, 2011 AT 11:30 OF WATER, DISTRIBUTION WEDNESDAY, MAY 4, 2011 AT A.M. CLEVELAND PUBLIC 10:00 A.M. THE CARL B. STOKES AND MAINTENANCE, PIPE RE - POWER DIVISION, TOM L. PAIR ROOM, 4600 HARVARD PUBLIC UTILITIES BUILDING, JOHNSON BUILDING, 1300 4TH FLOOR ATRIUM CONFER - AVENUE, CLEVELAND, OHIO LAKESIDE AVENUE, CLEVE - 44105. ENCE ROOM, 1201 LAKESIDE LAND, OHIO 44114. AVENUE, CLEVELAND, OHIO 44114. April 13, 2011 and April 20, 2011 April 20, 2011 and April 27, 2011 File No. 69-11 — Labor and Materi - THURSDAY, MAY 19, 2011 FRIDAY, MAY 13, 2011 als Necessary to Inspect, Test, Maintain and Repair Elevators File No. 61-11 — Purchase of Vari - File No. 65-11 — Quicklime, for the (Re-Bid), for the Division of ous Fire Apparatus Equipment Division of Water, Department of Water, Department of Public Utili - Parts and Labor, for the Division Public Utilities, as authorized by ties, as authorized by Section 607 32 The City Record April 20, 2011

181.101 of the Codified Ordinances Res. No. 510-11. of a letter of objection and two of Cleveland, Ohio, 1976. By Council Member Cimperman. copies of a letter requesting that the THERE WILL BE A NON-MANDA - An emergency resolution object - hearing be held in Cleveland, Cuya - TORY PRE-BID MEETING ing to the transfer of Liquor License hoga County. TUESDAY, MAY 3, 2011 AT 10:00 of a D2 D2X, D3, and D3A Liquor Section 3. That this resolution is A.M. THE CARL B. STOKES Permit to 1293 West 9th Street. hereby declared to be an emergency PUBLIC UTILITIES BUILDING, Whereas, Council has been noti - measure and, provided it receives 4TH FLOOR SOUTH CONFER - fied by the Department of Liquor the affirmative vote of two-thirds of ENCE ROOM, 1201 LAKESIDE Control of an application for a trans - all the members elected to Council, AVENUE, CLEVELAND, OHIO fer of Liquor License of a D2, D2X, it shall take effect and be in force 44114. D3 and D3A Liquor Permit from immediately upon its adoption and Paden Enterprises, Inc., DBA Ivy approval by the Mayor; otherwise, it File No. 70-11 — Purchase Employ - Tavern, 3807-09 Denison Avenue, shall take effect and be in force ee Uniforms and Related Items Cleveland, Ohio 44109, Permanent from and after the earliest period allowed by law. for the Various Divisions of Port Number 6640257 to Tomo Hibachi Restaurant and Lounge, LLC, 1293 Adopted April 11, 2011. Control, for the Various Divisions West 9th Street, Cleveland, Ohio Effective April 18, 2011. of Port Control, Department of Port 44113, Permanent Number 8980087; Control, as authorized by Section and 181.101 of the Codified Ordinances Whereas, the granting of this of Cleveland, Ohio, 1976. application for a liquor permit to Res. No. 511-11. THERE WILL BE A NON-MANDA - this high crime area, which is By Council Member Dow. TORY PRE-BID MEETING FRI - already saturated with other liquor An emergency resolution object - DAY, APRIL 29, 2011 AT 10:00 outlets, is contrary to the best inter - ing to a New C2 Liquor Permit at A.M. THE DEPARTMENT OF ests of the entire community; and 7909 Superior Avenue. PORT CONTROL, CLEVELAND Whereas, the applicant does not Whereas, Council has been noti - HOPKINS INTERNATIONAL qualify to be a permit holder and/or fied by the Department of Liquor AIRPORT’S CENTRAL RECEIV - has demonstrated that he has oper - Control of an application for a New ING BUILDING, 19451 FIVE ated his liquor business in disregard C2 Liquor Permit at Enam 79th, Inc., POINTS ROAD, CLEVELAND, of the laws, regulations or local 7909 Superior Avenue, Cleveland, OHIO 44135-3193. ordinances of this state or any other Ohio 44103, Permanent Number state; and 2509200; and Whereas, the granting of this April 20, 2011 and April 27, 2011 Whereas, the place for which the permit is sought has not conformed application for a liquor permit to to the building, safety or health this high crime area, which is ADOPTED RESOLUTIONS requirements of the governing body already saturated with other liquor AND ORDINANCES of this County or City; and outlets, is contrary to the best inter - Whereas, the place for which the ests of the entire community; and permit is sought is so arranged or Whereas, the applicant does not Res. No. 509-11. constructed that law enforcement qualify to be a permit holder and/or By Council Member Brancatelli. officers or agents of the Department has demonstrated that he has oper - An emergency resolution with - of Liquor Control are prevented rea - ated his liquor business in disregard drawing objection to the renewal of sonable access to the establishment; of the laws, regulations or local a C1 and C2 Liquor Permit at 3850 and ordinances of this state or any other East 65th Street, 1st floor only. Whereas, the place for which the state; and Whereas, this Council objected to permit is sought is so located with Whereas, the place for which the a C1 and C2 Liquor Permit to 3850 respect to the neighborhood that it permit is sought has not conformed East 65th Street, 1st floor only by substantially interferes with public to the building, safety or health Resolution No. 1106-10 adopted by de cency, sobriety, peace or good requirements of the governing body the Council on August 18, 2010; and order; and of this County or City; and Whereas, this Council wishes to Whereas, this objection is based Whereas, the place for which the withdraw its objection to the above on other legal grounds as set forth permit is sought is so arranged or renewal and consents to said renew - in Revised Code Section 4303.292; constructed that law enforcement al; and and officers or agents of the Department Whereas, this resolution consti - Whereas, this resolution consti - of Liquor Control are prevented rea - tutes an emergency measure provid - tutes an emergency measure provid - sonable access to the establishment; ing for the usual daily operation of ing for the immediate preservation and a municipal department; now, there - of the public peace, prosperity, safe - Whereas, the place for which the fore, ty and welfare pursuant to Section permit is sought is so located with Be it resolved by the Council of 4303.26 of the Ohio Revised Code. respect to the neighborhood that it the City of Cleveland: Council’s objection to said permit substantially interferes with public Section 1. That objection to a C1 must be received by the Director of decency, sobriety, peace or good and C2 Liquor Permit to Five Star Liquor Control within 30 days of order; and Robin, Inc., DBA Mike’s Food Mart, notification; now, therefore, Whereas, this objection is based 3850 East 65th Street, 1st floor only, Be it resolved by the Council of on other legal grounds as set forth Cleveland, Ohio 44105, Permanent the City of Cleveland: in Revised Code Section 4303.292; Number 2760315 be and the same is Section 1. That Council does here - and hereby withdrawn and Resolution by record its objection to a transfer Whereas, this resolution consti - No. 1106-10, containing such objec - of Liquor License of a D2, D2X, D3 tutes an emergency measure provid - tion, be and the same is hereby and D3A Liquor Permit from Paden ing for the immediate preservation repealed and that this Council con - Enterprises, Inc., DBA Ivy Tavern, of the public peace, prosperity, safe - sents to the immediate renewal 3807-09 Denison Avenue, Cleveland, ty and welfare pursuant to Section thereof. Ohio 44109, Permanent Number 4303.26 of the Ohio Revised Code. Section 2. That this resolution is 6640257 to Tomo Hibachi Restaurant Council’s objection to said permit hereby declared to be an emergency and Lounge, LLC, 1293 West 9th must be received by the Director of measure and provided it receives the Street, Cleveland, Ohio 44113, Per - Liquor Control within 30 days of affirmative vote of two-thirds of all manent Number 8980087, and notification; now, therefore, the members elected to Council, it requests the Director of Liquor Con - Be it resolved by the Council of shall take effect and be in force trol to set a hearing for said appli - the City of Cleveland: immediately upon its adoption and cation in accordance with provisions Section 1. That Council does here - approval by the Mayor; otherwise, it of Section 4303.26 of the Revised by record its objection to a New C2 shall take effect and be in force Code of Ohio. Liquor Permit at Enam 79th, Inc., from and after the earliest period Section 2. That the Clerk of Coun - 7909 Superior Avenue, Cleveland, allowed by law. cil be and she is hereby directed to Ohio 44103, Permanent Number Adopted April 11, 2011. transmit two certified copies of this 2509200 and requests the Director of Effective April 18, 2011. resolution, together with two copies Liquor Control to set a hearing for 608 April 20, 2011 The City Record 33 said application in accordance with Whereas, the regional Taxpayers Ord. No. 1362-10. provisions of Section 4303.26 of the Service Centers serve all taxpayers, By Council Members Cimperman, Revised Code of Ohio. from individuals to large corpora - Brancatelli and Sweeney (by depart - Section 2. That the Clerk of Coun - tions, and cover all types of Ohio mental request). cil be and she is hereby directed to taxes with services particularly An emergency ordinance authoriz - transmit two certified copies of this vital to Ohio’s individual taxpayers, ing the Director of Economic Devel - resolution, together with two copies small businesses, and start-ups; and opment to apply for and accept a of a letter of objection and two Whereas, the regional Taxpayers Clean Ohio grant from the State of copies of a letter requesting that the Service Centers license or register Ohio Department of Development for hearing be held in Cleveland, Cuya - taxpayers and file returns for all of environmental assistance for pro - hoga County. Ohio’s taxes and provide assistance posed redevelopment of the General Section 3. That this resolution is to Ohioans having tax problems, Environmental Management Facili - hereby declared to be an emergency helping them respond to issues ty at 2525 Rockefeller Avenue, 2655 measure and, provided it receives raised by the Department of Taxa - Transport Road, and 2727 Transport tion, and in many cases resolving the affirmative vote of two-thirds of Road; and authorizing the Director issues during visits to the offices; all the members elected to Council, to enter into one or more contracts and it shall take effect and be in force with Fortuna Development, LLC, or Whereas, the regional Taxpayers immediately upon its adoption and its designee, to implement the pro - Service Centers offer an avenue for approval by the Mayor; otherwise, it ject. shall take effect and be in force face to face between the State and the taxpayer making the process of Whereas, this ordinance consti - from and after the earliest period tutes an emergency measure provid - allowed by law. resolution easier where the taxpay - er can present their documentation ing for the usual daily operation of Adopted April 11, 2011. a municipal department; now, there - Effective April 18, 2011. and discuss the situation with one of the agents from the Service Cen - fore, ters while both are looking over the Be it ordained by the Council of same information; and the City of Cleveland: Section 1. That the Director of Res. No. 512-11. Whereas, these services are par - ticularly helpful for those individual Economic Development is autho - By Council Member Reed. and small business taxpayers for rized to apply for and accept a An emergency resolution with - whom tax compliance is a daunting Clean Ohio grant in an amount up drawing objection to the renewal of challenge and of whom many are to $300,000, from the State of Ohio a C2 and C2X Liquor Permit at 12401 elderly and/or low-income wage Department of Development for Corlett Avenue, 1st floor. earners; and environmental assistance for pro - Whereas, this Council objected to Whereas, regional Taxpayer Ser - posed redevelopment of the General a C2 and C2X Liquor Permit to 12401 vice Centers collected or billed $73 Environmental Management Facili - Corlett Avenue, 1st floor by Resolu - million in revenue in 2010, and ty at 2525 Rockefeller Avenue, 2655 tion No. 1091-10 adopted by the Coun - billed millions more that were col - Transport Road, and 2727 Transport cil on August 18, 2010; and lected by other means with the Whereas, this Council wishes to Road, to be used to implement the largest portion of this money com - project as described in the executive withdraw its objection to the above ing from sales tax filings; depend - summary below; that the Director is renewal and consents to said renew - ing on which county is considered, authorized to file all papers and al; and up to 30% of the sales tax collected Whereas, this resolution consti - is directly used to fill the coffers of execute all documents necessary to tutes an emergency measure provid - counties and public transit districts; receive the funds under the grant; ing for the usual daily operation of and and that the funds are appropriated a municipal department; now, there - Whereas, in 2010, about $20 mil - for the purposes described in the fore, lion went to fund government ser - executive summary for the grant Be it resolved by the Council of vices at the local level; and contained in the file described below the City of Cleveland: Whereas, the regional Taxpayer and in any subsequent grant amend - Section 1. That objection to a C2 Service Centers operate compliance ments, which amendments will be and C2X Liquor Permit to Amana programs aimed at helping vendors filed with Council. My Way Deli, Inc., DBA Corlett Deli, and individuals to comply with the Section 2. That the executive sum - 12401 Corlett Avenue, 1st floor, requirement that they collect and mary for the grant, File No. 1362-10- Cleveland, Ohio 44105, Permanent remit sales tax which produced a A, made a part of this ordinance as Number 0160894 be and the same is combined $9.1 million in sales tax if fully rewritten, as presented to hereby withdrawn and Resolution revenue; and the Finance Committee of this Coun - No. 1091-10, containing such objec - Whereas, the taxpayer assistance cil at the public hearing on this leg - tion, be and the same is hereby programs for individual income tax - islation, is approved in all respects payers put additional dollars, in the repealed and that this Council con - and shall not be changed without form of tax refunds, into the local sents to the immediate renewal additional legislative authority. economy, many in the hands of the Section 3. That the Director of thereof. lowest-income taxpayers; and Section 2. That this resolution is Economic Development is autho - hereby declared to be an emergency Whereas, this resolution consti - tutes an emergency measure for the rized to enter into one or more con - measure and provided it receives the tracts with Fortuna Development, affirmative vote of two-thirds of all immediate preservation of public LLC, or its designee, to implement the members elected to Council, it peace, property, health, or safety, shall take effect and be in force now, therefore, the project. immediately upon its adoption and Be it resolved by the Council of Section 4. That the contract or approval by the Mayor; otherwise, it the City of Cleveland: contracts authorized by this ordi - shall take effect and be in force Section 1. That this Council oppos - nance shall be prepared by the from and after the earliest period es the closing of regional Taxpay - Director of Law. allowed by law. ers Service Centers. Section 5. That the cost of the con - Adopted April 11, 2011. Section 2. That the Clerk of Coun - Effective April 18, 2011. tract or contracts authorized will be cil is hereby directed to transmit paid from the fund or subfunds that certified copies of this resolution to are credited the proceeds of the Governor John Kasich and all mem - grant accepted under this ordinance. Res. No. 514-11. bers of the Ohio General Assembly. Section 6. That this ordinance is Section 3. That this resolution is By Council Member Keane. declared to be an emergency mea - hereby declared to be an emergency An emergency resolution opposing sure and, provided it receives the the closing of regional Taxpayers measure and, provided it receives Service Centers. the affirmative vote of two-thirds of affirmative vote of two-thirds of all Whereas, 9.4 million Ohioans liv - all the members elected to Council, the members elected to Council, it ing in 73 of Ohio’s 88 counties have it shall take effect and be in force shall take effect and be in force local access to the seven Ohio immediately upon its adoption and immediately upon its passage and Department of Taxation regional approval by the Mayor; otherwise, it approval by the Mayor; otherwise it Taxpayer Service Centers and over shall take effect and be in force one million taxpayers a year call for shall take effect and be in force from and after the earliest period help and another 79,000 Ohioans, from and after the earliest period approximately 300 a day, visit the allowed by law. allowed by law. Service Centers on a walk-in basis; Adopted April 11, 2011. Passed April 11, 2011. and Effective April 18, 2011. Effective April 18, 2011. 609 34 The City Record April 20, 2011

Ord. No. 1553-10. fully described below, to Kevin Program is acquired, held, adminis - By Council Members Conwell, K. Billingsley. tered and disposed by the City of Johnson and Sweeney (by departmen - Section 2. That the real property to Cleveland through its Department of tal request). be sold pursuant to this ordinance is Community Development under the An emergency ordinance authoriz - more fully described as follows: terms of Chapter 5722 of the Ohio ing the Director of Parks, Recreation Revised Code and Section 183.021 of and Properties to enter into a proper - P. P. No. 138-12-001 Codified Ordinances of the City of ty adoption agreement with the Davis Situated in the City of Cleveland, Cleveland, 1976; and Art Foundation to install and main - County of Cuyahoga and State of Whereas, this ordinance constitutes tain the BOING! Sculpture in the Ohio: Known as being Sublot No. 112 an emergency measure providing for David E. Davis Sculpture Garden in in Ford, Morgan and Frisbie Subdivi - the usual daily operation of a munici - . sion of part of Original One Hundred pal department; now, therefore, Whereas, this ordinance constitutes Acre Lot Nos. 470 and 462, as shown by Be it ordained by the Council of the an emergency measure providing for the recorded plat in Volume 24 of City of Cleveland: the usual daily operation of a munici - Maps, Page 5 of Cuyahoga County Section 1. That under Section pal department; now, therefore, Records and being 3521 feet front on 183.021 of the Codified Ordinances of Be it ordained by the Council of the the Easterly side of East 136th Street, Cleveland, Ohio 1976, the Commission - City of Cleveland: and extending back 125 feet on the er of Purchases and Supplies is autho - Section 1. That, notwithstanding Southerly line, 125 feet on the Norther - rized to sell the real property, more and as an exception to the provisions ly line, which is also the Southerly fully described below, to James A. of Chapters 181 and 183 and Section line of Harvard Avenue and having a Frank. 133.24 of the Codified Ordinances of rear line of 35.21 feet, as appears by Section 2. That the real property to be sold pursuant to this ordinance is Cleveland, Ohio, 1976, the Director of said plat, be the same more or less, more fully described as follows: Parks, Recreation and Properties is but subject to all legal highways. authorized to enter into a property Section 3. That all documents neces - P. P. No. 142-17-007 adoption agreement with the Davis sary to complete the conveyance Situated in the City of Cleveland, Art Foundation to install and main - authorized by this ordinance shall be County of Cuyahoga, and in the State tain the BOING! Sculpture in the executed within six (6) months of the David E. Davis Sculpture Garden in of Ohio; and known as being Sublot effective date of this ordinance. If all Nos. 138 and 139 in the Kleinman’s Rockefeller Park. of the documents are not executed Section 2. That this property adop - Miles Height’s Allotment as shown by within six (6) months of the effective the recorded plat in Volume 44 of Map, tion shall not be construed as a con - date of this ordinance, or such addi - veyance of any right, title, or interest Page 15 of Cuyahoga County Records tional time as may be granted by the being bounded as describes as fol - in public property, but is the grant of Director of Community Development, a privilege revocable at the will of lows: this ordinance shall be repealed and Beginning at a stone with drill hole Council. shall be of no further force or effect. monument at the intersection of East Section 3. That the property adop - Section 4. That the consideration 156th street 40' feet wide and Alonzo tion agreement shall be prepared by for the subject parcel shall be estab - Ave. 40' feet wide; thence N 00°00'00" the Director of Law. lished by the Board of Control and E 20.00; along the centerline of East Section 4. That this ordinance is shall be not less than Fair Market 156th Street feet to a point; thence N declared to be an emergency measure Value taking into account such terms 90°00'00" E 20.00 feet, to a 5/8" iron and, provided it receives the affirma - and conditions, restrictions and pin set on the Easterly line of East tive vote of two-thirds of all the mem - covenants as are deemed necessary or 156th Street and known as the princi - bers elected to Council, it shall take appropriate. pal place of beginning of lands effect and be in force immediately Section 5. That the conveyance intended to be described; thence N upon its passage and approval by the authorized hereby shall be made by 00°00'00" E 35.00 feet, along said Mayor; otherwise it shall take effect official deed prepared by the Director Easterly line to a 5/8-iron pin set; and be in force from and after the ear - of Law and executed by the Mayor on thence N 90°00'00" E 69.00 feet, along liest period allowed by law. behalf of the City of Cleveland. The a line parallel to the Northerly line of Passed April 11, 2011. deed shall contain such provisions as said Alonzo Avenue to a 5/8" iron pin Effective April 18, 2011. may be necessary to protect and bene - set; thence N 45°00'00" E 24.04 feet, to fit the public interest including such a 5/8" iron pin set; thence N 90°00'00" restrictive covenants and reversion - E 39.00 feet, along a line parallel with ary interests as may be specified by the Northerly line of said Alonzo Ord. No. 107-11. the Board of Control, the Director of Avenue to a 5/8" iron pin at the West - By Council Member Pruitt. Community Development or the erly line of Sublot No. 195; thence S An emergency ordinance authoriz - Director of Law. 00°00'00" E 52.00 feet, along the West - ing the sale of real property as part of Section 6. That this ordinance is erly line of Sublot Nos. 195 and 196 to the Land Reutilization Program and hereby declared to be an emergency a 5/8" iron pin set at the Northerly located on East 136th Street (rear) to measure and, provided it receives the line of Alonzo Avenue; thence S Kevin Billingsley. 90°00'00"W 125.00 feet, along said Whereas, the City of Cleveland has affirmative vote of two-thirds of all the members elected to Council, it Easterly line to the place of begin - elected to adopt and implement the ning containing 0.11897 acres of land procedures under Chapter 5722 of the shall take effect and be in force imme - diately upon its passage and approval according to a survey made in May Ohio Revised Code to facilitate reuti - 2002 by Bemba K. Jones, Ohio Regis - by the Mayor; otherwise it shall take lization of nonproductive lands situ - tered Surveyor #7343 for Bemba K. effect and be in force from and after ated within the City of Cleveland; and Jones & Associates Inc. the earliest period allowed by law. Whereas, real property acquired The Meridian for all bearings in Passed April 11, 2011. under the City’s Land Reutilization this description are assumed and used Program is acquired, held, adminis - Effective April 18, 2011. to denote angles only. tered and disposed by the City of Section 3. That all documents neces - Cleveland through its Department of sary to complete the conveyance Community Development under the authorized by this ordinance shall be terms of Chapter 5722 of the Ohio Ord. No. 212-11. executed within six (6) months of the Revised Code and Section 183.021 of By Council Member Pruitt. effective date of this ordinance. If all Codified Ordinances of the City of An emergency ordinance authoriz - of the documents are not executed Cleveland, 1976; and ing the sale of real property as part of within six (6) months of the effective Whereas, this ordinance constitutes the Land Reutilization Program and date of this ordinance, or such addi - an emergency measure providing for located on East 156th Street to James tional time as may be granted by the the usual daily operation of a munici - A. Frank. Director of Community Development, pal department; now, therefore, Whereas, the City of Cleveland has this ordinance shall be repealed and Be it ordained by the Council of the elected to adopt and implement the shall be of no further force or effect. City of Cleveland: procedures under Chapter 5722 of the Section 4. That the consideration Section 1. That under Section Ohio Revised Code to facilitate reuti - for the subject parcel shall be estab - 183.021 of the Codified Ordinances of lization of nonproductive lands situ - lished by the Board of Control and Cleveland, Ohio 1976, the Commission - ated within the City of Cleveland; and shall be not less than Fair Market er of Purchases and Supplies is autho - Whereas, real property acquired Value taking into account such terms rized to sell the real property, more under the City’s Land Reutilization and conditions, restrictions and 610 April 20, 2011 The City Record 35 covenants as are deemed necessary or Superior Avenue, 283.02 feet to a bers elected to Council, it shall take appropriate. point therein, said point also being effect and be in force immediately Section 5. That the conveyance the Southeast corner of Sublot No. 58 upon its passage and approval by the authorized hereby shall be made by in E.Q. Potter Subdivision as recorded Mayor; otherwise it shall take effect official deed prepared by the Director in Volume 49, Page 7 of Cuyahoga and be in force from and after the ear - of Law and executed by the Mayor on County Map Records; liest period allowed by law. behalf of the City of Cleveland. The Thence North 00°41'40" West, Passed April 11, 2011. deed shall contain such provisions as along the Easterly line of said Sublot Effective April 18, 2011. may be necessary to protect and bene - 58, 115.56 feet to the Northeast corner fit the public interest including such thereof; restrictive covenants and reversion - Thence North 40°53'51" West, ary interests as may be specified by along the Southeasterly line of the Ord. No. 248-11. the Board of Control, the Director of aforesaid E.Q. Potter Subdivision, By Council Members K. Johnson Community Development or the 624.73 feet to an iron pin set therein; and Sweeney (by departmental Director of Law. Thence North 49°06'09" East, 300.86 request). Section 6. That this ordinance is feet to an iron pin set at an angle An emergency ordinance authoriz - hereby declared to be an emergency point; ing the Director of Public Works to measure and, provided it receives the Thence North 83°06'09" East, 49.05 enter into an agreement with the Mur - affirmative vote of two-thirds of all feet to an iron pin set in the afore - tis Taylor Human Services System to the members elected to Council, it mentioned Southwesterly line of allow Murtis Taylor to use ten park - shall take effect and be in force imme - Lakeview Road; ing spaces at the Alexander Hamilton diately upon its passage and approval Thence South 33°40'08" East, along Recreation Center, at no cost, for a by the Mayor; otherwise it shall take said Southwesterly line of Lakeview period of one year. effect and be in force from and after Road, 323.14 feet to an iron pin set at Whereas, this ordinance constitutes the earliest period allowed by law. an angle point; an emergency measure providing for Passed April 11, 2011. Thence South 43°56'16" East, con - the usual daily operation of a munici - Effective April 18, 2011. tinuing along said Southwesterly line pal department; now, therefore, of Lakeview Road, 544.71 feet to an Be it ordained by the Council of the iron pin set therein; City of Cleveland: Thence South 47°57'52" West, Section 1. That the Director of Pub - Ord. No. 225-11. 188.22 feet to the principal place of lic Works is authorized to enter into By Council Members Conwell, Bran - beginning and containing 6.4586 an agreement with the Murtis Taylor catelli, Cleveland and Sweeney (by acres, be the same more or less but Human Services System to allow them departmental request). subject to all legal highways and to use ten parking spaces at the An emergency ordinance authoriz - easements of record and being accord - Alexander Hamilton Recreation Cen - ing the Commissioner of Purchases ing to a survey dated October 16, 1987 ter, at no cost, on an as-available and Supplies to sell City-owned prop - made by Leslie P. Kent, Professional basis, for a period of one year. erty no longer needed for public use Surveyor No. 6627 of Seymour D. Section 2. That the agreement shall located at 11905 Superior Avenue to Weiss and Associates, Inc., Consult - be prepared by the Director of Law. Market Redevelopment, LLC and/or ing Engineers and surveyors. Section 3. That this ordinance is Market Redevelopment II, LLC, or its Section 2. That by and at the direc - declared to be an emergency measure designee, for purposes of redevelop - tion of the Board of Control, the Com - and, provided it receives the affirma - ing the former Tops Supermarket missioner of Purchases and Supplies tive vote of two-thirds of all the mem - property; and authorizing the Direc - is authorized to sell the above- bers elected to Council, it shall take tor of Economic Development to enter described property to the Redeveloper effect and be in force immediately into a project agreement for the rede - at a price not less than fair market upon its passage and approval by the velopment. value as determined by the Board of Mayor; otherwise it shall take effect Whereas, the Director of Economic Control, taking into account all and be in force from and after the ear - Development has requested the sale restrictions, reversionary interests liest period allowed by law. of the City-owned property to Market and similar encumbrances placed by Passed April 11, 2011. Redevelopment, LLC and/or Market the City of Cleveland in the deed of Effective April 18, 2011. Redevelopment II, LLC, or its conveyance. designee (the “Redeveloper”) no Section 3. That the conveyance longer needed for public use and shall be made by official deed pre - located at 11905 Superior Avenue for pared by the Director of Law and exe - Ord. No. 324-11. purposes of redeveloping the former cuted by the Mayor on behalf of the By Council Members K. Johnson Tops Supermarket property; and City of Cleveland. The deed shall con - and Sweeney (by departmental Whereas, this ordinance constitutes tain necessary provisions, including request) an emergency measure providing for restrictive reversionary interests as An emergency ordinance authoriz - the usual daily operation of a munici - may be specified by the Board of Con - ing the Director of Public Works to pal department; now, therefore, trol or Director of Law, which shall enter into one or more contracts with Be it ordained by the Council of the protect the parties as their respective City Year to perform community ser - City of Cleveland: interests require and shall specifical - vice work and to collaborate with var - Section 1. That, under the provi - ly contain a provision against the ious non-profit agencies. sions of Section 183.021, and notwith - erection of any advertising signs or standing any other provisions of the Whereas, this ordinance constitutes billboards except permitted identifi - an emergency measure providing for Codified Ordinances of Cleveland, cation signs. Ohio, 1976, it is found and determined the usual daily operation of a munici - Section 4. That the Director of Eco - pal department; now, therefore, that the following described property nomic Development is authorized to is no longer needed for public use: Be it ordained by the Council of the enter into any agreements or sign any City of Cleveland: documents necessary to effectuate Section 1. That the Director of Pub - 6.4586 Acre Parcel this transaction and all agreements Northwest Corner of licWorks is authorized to enter into and documents must be prepared and one or more contracts with City Year Lakeview Road and approved by the Director of Law. Superior Avenue to perform community service work Section 5. That the Director of Eco - and to collaborate with non-profit nomic Development is authorized to Situated in the City of Cleveland, agencies, in an amount not to exceed enter into a Project Agreement with County of Cuyahoga and State of Ohio $75,000.00, payable from Fund No. 01- and known as being a part of Original the Redeveloper to memorialize the 7004-6380, Request No. RQS 7004, RL 100 Acre Lot Nos. 379 and 380, further conveyance and terms of the con - 2011-23. bounded and described as follows: veyance authorized under this ordi - Section 2. That this ordinance is Beginning on the Southwesterly nance. That the Project is described declared to be an emergency measure line of Lakeview Road, 60.00 feet in the Executive Summary placed in and, provided it receives the affirma - wide, at its intersection with the File No. 225-11-A. tive vote of two-thirds of all the mem - Northerly line of Superior Avenue, 60 Section 6. That any payments bers elected to Council, it shall take feet wide; received through the conveyance effect and be in force immediately Thence South 89°18'20" West, authorized by this ordinance will be upon its passage and approval by the along said Northerly line of Superior deposited into Fund No. 17 SF 965. Mayor; otherwise it shall take effect Avenue, 218.54 feet to an iron pin set Section 7. That this ordinance is and be in force from and after the ear - and the principal place of beginning; declared to be an emergency measure liest period allowed by law. Thence continuing South 89°18'20" and, provided it receives the affirma - Passed April 11, 2011. West, along said Northerly line of tive vote of two-thirds of all the mem - Effective April 18, 2011. 611 36 The City Record April 20, 2011

Ord. No. 325-11. Section 2. That the terms of the Section 2. That this ordinance is By Council Members K. Johnson loan shall be according to the terms declared to be an emergency measure and Sweeney (by departmental set forth in the Summary contained and, provided it receives the affirma - request) in File Nos. 1958-05-A and 1958-05-C, tive vote of two-thirds of all the mem - An emergency ordinance authoriz - as presented to the Finance Com - bers elected to Council, it shall take ing the Director of Public Works to mittee of this Council at the public effect and be in force immediately enter into contract with the Cleveland hearing on this legislation and shall upon its passage and approval by the not be changed without additional Municipal Football Association to Mayor; otherwise it shall take effect legislative authority. conduct a city-wide football program. and be in force from and after the ear - Section 4. That the Director of Eco - liest period allowed by law. Whereas, this ordinance constitutes nomic Development is authorized to Passed April 11, 2011. an emergency measure providing for accept the collateral as set forth in Effective April 18, 2011. the usual daily operation of a munici - the files referenced above in order to pal department; now, therefore, secure repayment of the loan. Any Be it ordained by the Council of the loan agreement, security instrument, City of Cleveland: or other document shall be prepared Ord. No. 449-11. Section 1. That the Director of Pub - and approved by the Director of Law. By Council Member Sweeney (by lic Works is authorized to enter into Section 2. That the existing title departmental request). contract with the Cleveland Munici - and Sections 1, 2, and 4 of Ordinance An emergency ordinance authoriz - pal Football Association to conduct a No. 1958-05, passed November 21, 2005, ing the Director of Finance, on behalf city-wide football program and to pay are repealed. of the Cleveland Municipal Court, to participant entry fees, in an amount Section 3. That this ordinance is enter into contract with the Cuyahoga not to exceed $80,098, payable from declared to be an emergency measure County Public Defender Commission Fund No. 01-7004-6380, Request No. and, provided it receives the affirma - for legal services necessary to defend RQS 7004, RL 2011-21. indigents charged with violation of Section 2. That this ordinance is tive vote of two-thirds of all the mem - bers elected to Council, it shall take ordinances of the City of Cleveland declared to be an emergency measure provided such violation may result in and, provided it receives the affirma - effect and be in force immediately upon its passage and approval by the incarceration, for the Cleveland tive vote of two-thirds of all the mem - Municipal Court for a period of one bers elected to Council, it shall take Mayor; otherwise it shall take effect and be in force from and after the ear - year, with one option to renew for an effect and be in force immediately additional one-year period. upon its passage and approval by the liest period allowed by law. Passed April 11, 2011. Whereas, in Argersinger v. Hamlin Mayor; otherwise it shall take effect and Scott v. Illinois , the United States Effective April 18, 2011. and be in force from and after the ear - Supreme Court held that no indigent liest period allowed by law. criminal defendant may be sentenced Passed April 11, 2011. to a term of imprisonment unless he Effective April 18, 2011. has been afforded the right to assis - Ord. No. 448-11. tance of appointed counsel in his By Council Member Sweeney (by defense; and departmental request). Whereas, the City of Cleveland, Ord. No. 330-11. An emergency ordinance authoriz - through the Cleveland Municipal By Council Members Cimperman, ing the Director of Finance to enter Court, is obligated to provide an indi - Brancatelli and Sweeney (by depart - into one or more contracts by way of gent defendant appointed counsel in mental request). concession with Global Tel Link, for order to permit the imposition of a An emergency ordinance to amend the provision of not to exceed one hun - sentence including a term of impris - the title and Sections 1, 2, and 4 of dred and twenty pay telephones at onment; and Ordinance No. 1958-05, passed various City facilities, but excluding November 21, 2005, relating to a con - Whereas, under Section 120.14 of tract with One Source Technology, the rights-of-way of the City, for a the Revised Code, a county commis - LLC, dba IQ Employment Applica - term of two years with two one-year sion that has organized a county pub - tion Screening Database, to provide options to renew, the first of which is lic defender commission may contract development assistance to partially exercisable through additional leg - with any municipal corporation with - finance the build-out and to pur - islative authority. in the County served by the county chase equipment for the properties Whereas, this ordinance constitutes public defender to provide legal rep - located at 1255 Euclid Avenue and an emergency measure providing for resentation on behalf of the munici - 1501 Euclid Avenue. the usual daily operation of a munici - pal corporation; and Whereas, this ordinance constitutes pal department; now, therefore, Whereas, the Cleveland Municipal an emergency measure providing for Be it ordained by the Council of the Court, the district of which encom - the usual daily operation of a munici - City of Cleveland: passes Bratenahl and the City of pal department; now, therefore, Section 1. That the Director of Cleveland, recommends that the Be it ordained by the Council of the Finance is authorized to enter into Cuyahoga County Public Defender City of Cleveland: one or more contracts by way of con - Commission should provide indigent Section 1. That the title and Sec - cession with Global Tel Link, on the defense; and tions 1, 2, and 4 of Ordinance No. 1958- basis of its proposal dated July 6, Whereas, this ordinance constitutes 05, passed November 21, 2005, are 2010, for the provision of not to exceed an emergency measure providing for amended to read as follows: one hundred and twenty pay tele - the usual daily operation of a munici - An emergency ordinance authoriz - phones at various City facilities, but pal department; now, therefore, ing the Director of Economic Devel - excluding any of the rights-of-way of Be it ordained by the Council of the opment to enter into contract with the City. The facilities may include City of Cleveland: One Source Technology, LLC, dba IQ Cleveland Hopkins International Air - Section 1. That the Director of Employment Application Screening port, the Convention Center, City Finance, on behalf of the Cleveland Database, to provide development Hall, City jails, and other City facili - Municipal Court, is authorized to assistance to partially finance the ties, or any combination of these facil - enter into contract with the Cuyahoga build-out and to purchase equipment ities, as deemed most advantageous County Public Defender Commission for the properties located at 1255 in the opinion of the Director of for legal services necessary to defend Euclid and 1501 Euclid Avenue, and Finance. The contract or contracts indigents charged with violation of certain other costs necessary to rede - authorized by this ordinance shall be ordinances of the City of Cleveland, velop the properties. for a term of not to exceed two years, provided the violation may result in Section 1. That, provided One with two one-year options to renew. incarceration, for a period of one year Source Technology, LLC, dba IQ The first of the one-year options to beginning January 1, 2011, at an esti - Employment Application Screening renew may not be exercised without mated cost of $1,804,656, with one Database submits documents re - additional legislative authority. If option to renew for an additional one- quired by the City’s bond counsel, such additional legislative authority year period, payable from fund No. 01- the Director of Economic De - is granted and the first of the one- 0115-6320, Request No. RQN 0115, RL velopment is authorized to enter 2011-7. into contract with One Source Tech - year options to renew is exercised, Section 2. That two percent (2%) of nology, LLC, dba IQ Em ployment then the second of the one-year Application Screening Database to options to renew may be exercisable any payment received by the City provide development assistance to at the option of the Director of and/or Cleveland Municipal Court partially finance the build-out and Finance, without the necessity of from the financing of defense counsel to purchase equipment for the prop - obtaining additional authority of this for indigent persons shall be utilized erties located at 1255 Euclid Avenue Council. The contract or contracts by participants in a court exchange and 1501 Euclid Avenue, and certain shall be prepared by the Director of program between Cleveland Munici - other costs necessary to redevelop Law, and approved and certified by pal Court and the Cleveland Munici - the properties. the Director of Finance. pal School District. 612 April 20, 2011 The City Record 37

Section 3. That this ordinance is other license or permit applications to exceed $20,000 and shall be paid declared to be an emergency measure for internet sweepstakes operations from Fund No. 10 SF 177. and, provided it receives the affirma - in the City of Cleveland; and Section 3. That the Director of tive vote of two-thirds of all the mem - Whereas, the moratorium declared Law shall prepare and approve said bers elected to Council, it shall take by Ordinance No. 1367-10 ends April contract and that the contract shall effect and be in force immediately 18, 2010; and contain such terms and provisions upon its passage and approval by the Whereas, Ohio State Attorney Gen - as he deems necessary to protect the Mayor; otherwise it shall take effect eral Mike DeWine has recently City’s interest. and be in force from and after the ear - announced that his office is re - Section 4. That this ordinance is liest period allowed by law. searching the legality of internet hereby declared to be an emergency Passed April 11, 2011. sweepstakes operations in Ohio and measure and, provided it receives Effective April 18, 2011. will issue regulations concerning the affirmative vote of two-thirds of internet sweepstakes operations; all the members elected to Council, and it shall take effect and be in force Whereas, this ordinance consti - immediately upon its passage and Ord. No. 507-11. tutes an emergency measure for the approval by the Mayor; otherwise it By Council Member Zone. immediate preservation of the pub - shall take effect and be in force An emergency ordinance authoriz - lic peace, property, health, safety, or from and after the earliest period ing and directing the Director of welfare in that an extension of the allowed by law. Public Service to issue a permit to moratorium on such internet sweep - Passed April 11, 2011. the Sagrada Familia Church to stakes operations for another six Effective April 18, 2011. stretch banners at 7750 Detroit month period will allow the Attor - Avenue and 7775 Detroit Avenue, for ney General time to effectively the period from July 2, 2011 to July research the legality of internet COUNCIL COMMITTEE 31, 2011, inclusive, publicizing the sweepstakes operations and to pro - Church Festival. mulgate statewide regulations on MEETINGS Whereas, this ordinance consti - such operations; and tutes an emergency measure provid - Be it ordained by the Council of ing for the usual daily operation of Monday, April 18, 2011 the City of Cleveland: 9:00 a.m. a municipal department; now, there - Section 1. That the moratorium on fore, the review and issuance of zoning Health and Human Services Com - Be it ordained by the Council of permits, certificates of occupancy, mittee & Legislation Committee: the City of Cleveland: and other license or permit applica - Present in Health: Cimperman, Section 1. That notwithstanding tions for internet sweepstakes oper - Chair; J. Johnson, Vice Chair; Con - the provision of Section 623.13 of the ations in the City of Cleveland well, Keane, Kelley, Reed, Zone. Codified Ordinances, of Cleveland, declared under Ordinance No. 1367- Present in Legislation: Mitchell, Ohio, 1976, the Director of the 10 passed October 18, 2010, is here - Chair; Brancatelli, Cimperman, Department of Public Service is by extended until the effective date Reed, Sweeney. Authorized Absence: hereby authorized and directed to of an ordinance or law regulating K. Johnson, Vice Chair; Cleveland. issue a permit to the Sagrada Famil - internet sweepstakes operations, or Pro tempore: Kelley. ia Church to install, maintain and until October 24, 2011, whichever remove banners at 7750 Detroit and date occurs first. 11:00 a.m. 7775 Detroit Avenue for the period Section 2. That, as used in this from July 2, 2011 to July 31, 2011, ordinance, “internet sweepstakes Mayor’s Appointment Committee: inclusive. Said banner shall be operations” shall have the same Present: Dow, Chair; Kelley, approved by the Director of Public Sweeney. Authorized Absence: meaning as in Ordinance 1367-10. Service, in consultation with the Cleveland, Miller. Pro tempore: Zone. Section 3. That this ordinance is Director of Public Safety, as to type, hereby declared to be an emergency method of affixing and location so 2:00 p.m. measure and, provided it receives as not to interfere with any sign the affirmative vote of two-thirds of erected and maintained under the Finance Committee: Present: all the members elected to Council, requirements of law or ordinance. Sweeney, Chair; Kelley, Vice Chair; The permission of the owner of any it shall take effect and be in force Brady, Brancatelli, Cleveland, pole from which a banner will be immediately upon its passage and Keane, Miller, Mitchell, Polensek, hung must be obtained prior to approval by the Mayor; otherwise it Pruitt, Westbrook. Authorized issuance of the permit. No commer - shall take effect and be in force Absence: Pro tempore: J. Johnson. cial advertising shall be printed or from and after the earliest period permitted on said banner and said allowed by law. Tuesday, April 19, 2011 banner shall be removed promptly Passed April 11, 2011. 9:30 a.m. upon the expiration of said permit. Effective April 18, 2011. Community and Economic Devel - Section 2. That this ordinance is opment Committee: Present: Bran - hereby declared to be an emergency catelli, Chair; Dow, Vice Chair, Cim - measure and, provided it receives Ord. No. 513-11. perman, Cummins, J. Johnson, the affirmative vote of two-thirds of Pruitt, Westbrook, Zone. Authorized By Council Member Pruitt. all the members elected to Council, Absence: Miller. it shall take effect and be in force An emergency ordinance authoriz - immediately upon its passage and ing the Director of the Department 1:30 p.m. approval by the Mayor; otherwise, it of Aging to enter into an agreement shall take effect and be in force with Court Community Service for Employment, Affirmative Action from and after the earliest period the Senior Lawn Care Program and Training Committee: Present: allowed by law. through the use of Ward 1 Neigh - Pruitt, Chair; Miller, Vice Chair; Passed April 11, 2011. borhood Capital Funds. Cummins, J. Johnson, K. Johnson, Effective April 18, 2011. Whereas, this ordinance consti - Mitchell. Authorized Absence: West - tutes an emergency measure provid - brook. ing for the usual daily operation of a municipal department; now, there - Wednesday, April 20, 2011 Ord. No. 508-11. fore, 10:00 a.m. By Council Members Brancatelli, Be it ordained by the Council of Kelley, Sweeney, Cleveland, Mitchell, the City of Cleveland: Public Safety Committee: Present: Reed, Brady, Zone and J. Johnson. Section 1. That the Director of the Conwell, Chair; Polensek, Vice Chair; Brady, Cleveland, Dow, An emergency ordinance to extend Department of Aging be authorized Miller, Mitchell, Zone. Authorized the moratorium on the review and to enter into an agreement with Absence: Cummins. Pro tempore: J. issuance of zoning permits, certifi - Court Community Service for the Johnson. cates of occupancy, and other Senior Lawn Care Program for the license or permit applications for public purpose of assisting senior 1:30 p.m. internet sweepstakes operations in citizens residing in the City of the City of Cleveland. Cleveland with grass cutting and Public Utilities Committee: Pre - Whereas, on October 10, 2010, this lawn maintenance care through the sent: Kelley, Chair; Brady, Vice Council passed Ordinance No. 1367- use of Ward 1 Neighborhood Capital Chair; Conwell, Dow, Miller, 10, declaring a moratorium on the Funds. Polensek, Pruitt, Westbrook. Autho - review and issuance of zoning per - Section 2. That the cost of said rized Absence: Cummins. Pro tem - mits, certificates of occupancy, and contract shall be in an amount not pore: Reed. 613 38 The City Record April 20, 2011 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 Lawn Care Program — landscape assistance to seniors — Aging Department — Court Community Service (Ward 01 NCF) (O 513-11) ...... 613

Agreements

Economic Development — Midtown Acquisition, LLC — Euclid Ave., 6900 & 7000 (property improvements) (Ward 05) (O 421-11) ...... 592 Property adoption agreement with Davis Art Foundation for BOING Sculpture in Rockefeller Park (O 1553-10) ...... 610 Public Works — Murtis Taylor to use ten parking spaces at Alexander Hamilton Recreation Center (O 248-11) ...... 611 Senior Lawn Care Program — landscape assistance to seniors — Aging Department — Court Community Service (Ward 01 NCF) (O 513-11) ...... 613

Banners

Sagrada Familia Church — Detroit Ave. — July 2 to July 31 — Church Festival (Ward 15) (O 507-11) ...... 613

Board of Building Standards and Building Appeals

Central Avenue, 8405, (Ward 6) — Carleitha Price, owner — appeal adopted on 4/13/11 (Doc. A-350-10) ...... 605 Decker Avenue, 8026, (Ward 7) — George Sadek, owner — appeal resolved on 4/13/11 (Doc. A-43-11) ...... 604 East 104th Street, 3540, (Ward 6) — William Storer, owner — appeal resolved on 4/13/11 (Doc. A-361-10) ...... 603 East 104th Street, 4157, (Ward 2) — Deutsche Bank, mortgagee — appeal adopted on 4/13/11 (Doc. A-342-10) ...... 605 East 105th Street, 2279, (Ward 6) — SV Wilson Investments, LLC, owner — appeal adopted on 4/13/11 (Doc. A-339-10) ...... 605 East 119th Street, 3190, (Ward 4) — Dannie Lawson, owner — appeal resolved on 4/13/11 (Doc. A-362-10) ...... 603 East 146th Street, 900, (Ward 10) — Caraman Corp., owner — appeal rescheduled to 4/27/11 on 4/13/11 (Doc. A-358-10) ...... 603 East 163rd Street, 384, (Ward 11) — Northeast Shores Development Corp., owner — extension of time granted on 4/13/11 (Doc. A-23-10) ...... 605 East 36th Street, 1415, (Ward 8) — Graystone Properties, c/o Ohio Awning & Manufacturing Co., owner — appeal adopted on 4/13/11 (Doc. A-81-11) ...... 605 East 85th Street, 2256, (Ward 6) — Beverly White, owner — appeal resolved on 4/13/11 (Doc. A-376-10) ...... 604 East 90th Street, 2338, (Ward 6) — Jevon Slone, owner — appeal withdrawn on 4/13/11 (Doc. A-378-10) ...... 604 Folsom Avenue, 9016, (Ward 6) — Lashawn N. Franklin, owner — appeal adopted on 4/13/11 (Doc. A-357-10) ...... 605 Henritze Avenue, 4218, (Ward 13) — Michael Turczyk, owner — appeal resolved on 4/13/11 (Doc. A-372-10) ...... 604 Hirst Avenue, 11903, (Ward 19) — Edwin Ocasio, owner — appeal resolved on 4/13/11 (Doc. A-375-10) ...... 604 Lakeside Avenue, 4900, (Ward 8) — Warehouse Holdings, LLC, owner — appeal resolved on 4/13/11 (Doc. A-369-10) ...... 603 Maryland Avenue, 7912, (Ward 2) — Elaine M. Marconi, owner — appeal adopted on 4/13/11 (Doc. A-311-10) ...... 605 Memphis Avenue, 4320, (Ward 13) — Richard Jason Whitt, owner — appeal adopted on 4/13/11 (Doc. A-343-10) ...... 605 Mohawk Avenue, 18714, (Ward 11) — Thomas J. Palker, owner — appeal resolved on 4/13/11 (Doc. A-348-10) ...... 602 Mohawk Avenue, 18714, (Ward 6) — Coalition for a Better Community, owner — appeal resolved on 4/13/11 (Doc. A-370-10) ...... 603 Parkview Avenue, 9806, (Ward 4) — Latashia M. Wilson, owner — appeal adopted on 4/13/11 (Doc. A-354-10) ...... 605 Phillips Avenue, 12425, (Ward 9) — Diane A. Merriweather, owner — appeal adopted on 4/13/11 (Doc. A-314-10) ...... 605 Prospect Avenue, 1320, (Ward 3) — Grubb-Ellis Management, owner — appeal resolved on 4/13/11 (Doc. A-90-11) ...... 605 Public Square, 100, (Ward 3) — Forest Bay Tower City, LLC, c/o Rock Ohio Caesars, LLC, owner — appeal adopted on 4/13/11 (Doc. A-83-11) ...... 605 Public Square, 200, (Ward 3) — Harbor Group, owner — appeal resolved on 4/13/11 (Doc. A-89-11) ...... 605 614 April 20, 2011 The City Record 39

Quimby Avenue, 6907, (Ward 7) — Danial Belcher, owner — appeal adopted on 4/13/11 (Doc. A-345-10) ...... 605 Riveredge Road, 3937, (Ward 19) — Andrew Kenney, owner — appeal resolved on 4/13/11 (Doc. A-367-10) ...... 603 Riverside Avenue, 3945, (Ward 14) — Edward J. Breckling, owner — appeal resolved on 4/13/11 (Doc. A-363-10) ...... 603 Rugby Road, 13612, (Ward 10) — Diane A. Merriweather, owner — appeal adopted on 4/13/11 (Doc. A-1-11) ...... 605 Saranac Road, 15220, (Ward 11) — Michelle Booker, owner — appeal resolved on 4/13/11 (Doc. A-365-10) ...... 603 Soika Avenue, 12004, (Ward 4) — David Williams, owner — appeal resolved on 4/13/11 (Doc. A-295-10) ...... 602 St. Clair Avenue, 14830, (Ward 10) — Mikeyla Kidd, owner — appeal resolved on 4/13/11 (Doc. A-352-10) ...... 602 St. Clair Avenue, 16700 (Building I), (Ward 11) — WRRS, LLC, owner — appeal resolved on 4/13/11 (Doc. A-76-11) ...... 604 St. Clair Avenue, 16700 (Building II), (Ward 11) — WRRS, LLC, owner — appeal resolved on 4/13/11 (Doc. A-77-11) ...... 604 St. Clair Avenue, 16700 (Building III), (Ward 11) — WRRS, LLC, owner — appeal resolved on 4/13/11 (Doc. A-78-11) ...... 605 St. Clair Avenue, 16700 (Building IV), (Ward 11) — WRRS, LLC, owner — appeal resolved on 4/13/11 (Doc. A-79-11) ...... 605 St. Clair Avenue, 16700 (Building V), (Ward 11) — WRRS, LLC, owner — appeal resolved on 4/13/11 (Doc. A-80-11) ...... 605 St. Clair Avenue, 18429, (Ward 11) — Jure Zovko, owner — appeal adopted on 4/13/11 (Doc. A-349-10) ...... 605 Superior Avenue, 12322, (Ward 9) — Charles Leamon, owner — appeal adopted on 4/13/11 (Doc. A-351-10) ...... 605 Sycamore Street, 2014, (Ward 3) — Jacobs Investments Management Co., Inc., owner — appeal resolved on 4/13/11 (Doc. A-75-11) ...... 604 West 123rd Street, 3343, (Ward 17) — Maureen McGervey, owner — appeal withdrawn on 4/13/11 (Doc. A-366-10) ...... 603 West 48th Street, 1814, (Ward 15) — Lavren G. Harmon, owner — appeal adopted on 4/13/11 (Doc. A-482-10) ...... 605 West 54th Street, 3287, (Ward 15) — Ronald Busch, owner — appeal adopted on 4/13/11 (Doc. A-355-10) ...... 605 West 65th Street, 3300, (Ward 15) — 3300 West 65th, LLC, owner — appeal adopted on 4/13/11 (Doc. A-347-10) ...... 605 West 76th Street, 1261, (Ward 15) — Thomas Gillespie, owner — appeal adopted on 4/13/11 (Doc. A-483-10) ...... 605 West Boulevard, 2036, (Ward 16) — Edward Giarda, owner — appeal adopted on 4/13/11 (Doc. A-337-10) ...... 605 Woodland Avenue, 3800, (Ward 5) — International Specialty Produce, Inc., owner — appeal resolved on 4/13/11 (Doc. A-446-09) ...... 602

Board of Control — Community Development Department

Central Avenue, 2725 (Ward 5) — PPN 103-22-039 — St. John’s West Family Homes, L.P. (BOC Res. 164-11) ...... 599 Harvard Avenue, 13115 (Ward 2) — PPN 138-05-019 — Jihan, LLC (BOC Res. 163-11) ...... 598 Highway Avenue, 3503 (Ward 14) — PPN 014-03-061 — Joseph McClandish per Ord. 105-11 (BOC Res. 161-11) ...... 598 Wade Park Avenue (Ward 7) — PPN 106-19-023 — Duane Clemmons and Tanya Moore (BOC Res. 162-11) ...... 598

Board of Control — Finance Department

Office supplies (J.I.T. on-line) — per Ord. 897-10 — all bids rejected (BOC Res. 158-11) ...... 597 Sale of scrap, personal property, and by-products in March 2011 — per BOC Res. 921-52 (BOC Res. 157-11) ...... 597

Board of Control — Land Reutilization Program

Central Avenue, 2725 (Ward 5) — PPN 103-22-039 — St. John’s West Family Homes, L.P. (BOC Res. 164-11) ...... 599 Harvard Avenue, 13115 (Ward 2) — PPN 138-05-019 — Jihan, LLC (BOC Res. 163-11) ...... 598 Highway Avenue, 3503 (Ward 14) — PPN 014-03-061 — Joseph McClandish per Ord. 105-11 (BOC Res. 161-11) ...... 598 Wade Park Avenue (Ward 7) — PPN 106-19-023 — Duane Clemmons and Tanya Moore (BOC Res. 162-11) ...... 598

Board of Control — Motor Vehicle Maintenance Division

Steering gear and parts — per C.O. Sec. 131.64 to Premier Truck Parts, Inc. — Dept. of Public Works (BOC Res. 159-11) ...... 598

Board of Control — Public Improvement Contracts

Roof replacement at Public Safety Buildings — per Ord. 888-06, 781-09 to Industrial Energy Systems, Inc. — Dept. of Public Works (BOC Res. 160-11) ...... 598 615 40 The City Record April 20, 2011

Board of Control — Public Safety Department

Roof replacement at various buildings — per Ord. 888-06, 781-09 to Industrial Energy Systems, Inc. — Dept. of Public Works (BOC Res. 160-11) ...... 598

Board of Control — Public Works Department

Roof replacement at Public Safety Buildings — per Ord. 888-06, 781-09 to Industrial Energy Systems, Inc. (BOC Res. 160-11) ...... 598 Steering gear and parts — per C.O. Sec. 131.64 to Premier Truck Parts, Inc. — Division of Motor Vehicle Maintenance (BOC Res. 159-11) ...... 598

Board of Control — Purchases and Supplies Division

Sale of scrap, personal property, and by-products in March 2011 — per BOC Res. 921-52 (BOC Res. 157-11) ...... 597

Board of Control — Requirement Contracts

Steering gear and parts — per C.O. Sec. 131.64 to Premier Truck Parts, Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Works (BOC Res. 159-11) ...... 598

Board of Zoning Appeals — Report

Bradley Road, 4300, (Ward 12) — W.B. and M. Bauman and Bradley Road, Incorporated, owners — appeal heard on 4/18/11 (Cal. 10-259) ...... 600 Bradley Road, 4300, (Ward 12) — W.B. and M.E Bauman and Bradley Road Incorporated, owner — appeal heard on 4/18/11 (Cal. 10-194) ...... 600 Center Street, 2111, (Ward 3) — Cleveland 2111 LLC, owner and Patrick Lally — appeal denied and adopted on 4/18/11 (Cal. 11-35) ...... 600 Gordon, Jeffrey Andrew — appeal postponed to 5/16/11 on 4/18/11 (Cal. 11-41) ...... 600 Meyer Avenue, 2401, (Ward 14) — Bamco Investments, LLC and Michael Ferrante, owner and Universal Auto Repair and Leo Espinal, tenant — appeal denied and adopted on 4/18/11 (Cal. 11-39) ...... 600 Pierpont Avenue, 9402, (Ward 8) — Deborah Holland, owner — appeal withdrawn on 4/18/11 (Cal. 11-40) ...... 600

Board of Zoning Appeals — Schedule

Brighton Avenue, 12212, (Ward 17) — Walter Worsham, Jr., owner — appeal to be heard on 5/2/11 (Cal. 11-45) ...... 599 East 189th Street, 3857, (Ward 1) — Myron and Tiffany Washington, owners — appeal to be heard on 5/2/11 (Cal. 11-43) ...... 599 East 51st Street, 1393, (Ward 8) — Ohio Technical College, Inc., owner — appeal to be heard on 5/2/11 (Cal. 11-53) ...... 599 East 52nd Street, 1368, (Ward 8) — Ohio Technical College, Inc., owner — appeal to be heard on 5/2/11 (Cal. 11-54) ...... 600 West 105th Street, 2092, (Ward 16) — Kenneth Baker, owner — appeal to be heard on 5/2/11 (Cal. 11-44) ...... 599 West 43rd Street, 3158, (Ward 14) — Lydia Nieves, owner — appeal to be heard on 5/2/11 (Cal. 11-46) ...... 599

Bonds

Public Works — Solid Waste Disposal with bond contract with Ridge Rd (O 363-11) ...... 592

City Council

Council Member Pruitt — Record of Vote — record a yea, passed and adopted legislation on April 11, 2011 Meeting (F 526-11) ...... 579

City of Cleveland Bids

Chemicals, neutralization (Re-bid) — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 — bid due May 19, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Clamps, pipe repair — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due May 13, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Elevator inspection, test, maintain and repair (Re-bid) — Department of Public Utilities — Division of Water — per C.O. Sec. 181.101 — bid due May 19, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Fire apparatus equipment parts and labor — Department of Public Works — Division of Motor Vehicle Maintenance — per Ord. 1330-A-10 — bid due May 19, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 607 Food, food products, beverages, condiments and paper products for Camp Forbes — Department of Public Works — Division of Recreation — per Ord. 1506-10 — bid due May 4, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 606 Liquid chlorine — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 — bid due May 5, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 606 616 April 20, 2011 The City Record 41

MSA Self Contained Breathing Apparatus (SCBA) — Department of Public Safety — Division of Fire — per Ord. 15-11 — bid due May 12, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 607 Office supplies (Re-bid) — Department of Finance — per Ord. 897-10 — bid due May 19, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Painting of poles and other streetside elements — Department of Public Utilities — Division of Cleveland Public Power — per C.O. Sec. 181.101 — bid due May 11, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Quicklime — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 — bid due May 13, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Rigging services — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 869-10 — bid due May 11, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Safety equipment for OSHA/PERRP compliance (Re-bid) — Department of Public Utilities — Division of Water — per Ord. 870-10 — bid due May 19, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Sewer rehabilitation and relining, 2011-2012 — Department of Public Utilities — Division of Water Pollution Control — per C.O. Sec. 129.292 — bid due May 11, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 607 Storm Water Management Improvement project — Department of Public Utilities — Division of Water Pollution Control — per Ord. 8-10 — bid due May 11, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 607 Summer Food Program, 2011 — Department of Public Works — Division of Recreation — per Ord. 1506-10 — bid due May 4, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 606 Uniforms and related items — Department of Port Control — per C.O. Sec. 181.101 — bid due May 19, 2011 (advertised 4/20/2011 and 4/27/2011) ...... 608 Valve boxes, adjustable and appurtenances — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due May 18, 2011 (advertised 4/13/2011 and 4/20/2011) ...... 607

City Planning Commission

Detroit Ave. (between W. 85th St. & W. 70th St. . And northeast corner of Lake Ave.) — change use district (O 337-11) ...... 606 Lake Ave., Detroit Ave. & West 78th St. — change use district — Multi-Family Residential (O 339-11) ...... 606 Lorain Ave. (between West 25th St, West 32nd St, Gehring St., Jay Ave., & Chatham Rd.) — change use and area districts — Local Retail Business & ‘c’ area district (Ward 03) (O 334-11) ...... 606 Lorain Rd. (between West 178th St. & Norfolk Southern Railroad tracks) — Pedestrian Retail Overlay (PRO) (O 745-10) ...... 595 Lorain Rd. (between West 85th St. & Gehring St.) — pedestrian retail overlay district (O 346-11) ...... 606 Lorain Rd., (between W. 147th St. & West 165th St.) — Change the Use District — Local Retail Business — (Ward 19) (O 744-10) ...... 593 North & south sides of Detroit Ave. (between W 70th St. & W 45th St.) — change use , area and height districts — Local Retail Business , ‘c’ area district & ‘2’ height district (O 341-11) ...... 606 North & south sides of Detroit Ave. (west of W. 25th St. & East of West 32nd St.) — change use, area and height districts — Local Retail Business, a ‘d’ area district, a ‘2’or a ‘3’ height district (O 335-11) ...... 606 North & south sides of Superior Ave . (between E. 48 St. & E. 74 St.) — Multi-Family Residential (Ward 07) (O 540-11) ...... 584 North & South sides of Superior Ave. (between E. 71st St. & E. 77th St.) — change Use, Area and Height District — Local Retail Business (Ward 07) (O 541-11) ...... 586 Seymour Ave. (West of Fulton Rd.) — Change the Use District — Two Family Residential to Local Retail Business (Ward 14) (O 1568-10) ...... 596 South Marginal Rd., extending (E. 55th Street) — Dick Goddard Way — City Planning Commission — Public Works (Ward 08) (O 91-11) ...... 592 South of Detroit Avenue & East side of West 55th St. — change use district — Two Family Residential District (O 340-11) ...... 606 South of Lorain Ave. (between West 41St. & West 38th St.) — change use, area and height districts — Local Retail , ‘d’ area district, ‘3’ height district — (O 345-11) ...... 606 South side of Lorain Ave. (between W. 50th St. & West 48th PL.) — change use and height districts — Two Family Residential District & ‘1’ height district (O 344-11) ...... 606 South side of Lorain Ave. (between W. 55th St. & West 52 St.) — change use district — Local Retail Business (O 343-11) ...... 606 South sides of Superior Ave. (between E. 79th St. & E. 91st St.) — change Use, Area and Height District — Multi-Family Residential (Ward 07) (O 542-11) ...... 588 Southeast corner of Lorain Rd. And West 65th St. — change use and height districts — open space and recreation & ‘1’ height district (O 342-11) ...... 606 Southwest corner of Lake Ave. & Detroit Ave. — change use district — General Retail Business (O 338-11) ...... 606 St. Clair Ave. (between Eddy Rd. & E. 123rd St.) — Change the Use District — Shopping Center to Local Retail & Institutional Research (Ward 10) (O 18-11) ...... 597 Subsidiary additions for Contract No. 4002 PI 2010-34 with R.W. Clark Co. for Coast Guard Station roof replacement project (O 222-11) ...... 592

Cleveland Municipal Court

Contract — Cuyahoga County Public Defender — Legal Services necessary to defend indigents charges (O 449-11) ...... 612 617 42 The City Record April 20, 2011

Cleveland Public Power

Utilities Department — contract — professional consultants — perform a rate study (O 528-11) ...... 582 Utilities Department — professional consultants — develop business strategy plan (O 529-11) ...... 582

Communications

Council Member Pruitt — Record of Vote — record a yea, passed and adopted legislation on April 11, 2011 Meeting (F 526-11) ...... 579

Community Development Department

Community Development — Clean Ohio Assistance Funds — redevelopment of the Emerald Alliance VII site (R 533-11) ...... 590 East 105th St. & Columbia Ave. — PPN 109-12-004 / 075-B — Land Reutilization Program — Tarmeek, LLC (Ward 08) (O 532-11) ...... 583 East 136th St., (rear) — PPN 138-12-001 — Land Reutilization Program — Kevin Billingsley (Ward 01) (O 107-11) ...... 610 East 156th St., — PPN 142-17-007 — Land Reutilization Program — James A. Frank (Ward 01)(O 212-11) ...... 610 Lake Shore Blvd., 16816 — PPN 113-21-006 — Land Reutilization Program — Tuzzan, LTD (Ward 11) (O 531-11) ...... 582 Warner Rd., 4350 — PPN. 134-14-120 — Land Reutilization Program — Richard & Kathye Bossone (Ward 02) (O 539-11) ...... 583

Community Relations Board

Hall, Kathryn — Community Relations Board — Mayor’s Appointment — approved (F 538-11-D) ...... 580 Mayor’s appointments — Citizens Industrial Air Pollution Advisory Committee — Community Relations Board — Fair Housing Board — Greater Cleveland Regional Transit Authority — Housing Advisory Board (F 538-11) ...... 580 Wammes, Ted — Community Relations Board — Mayor’s Appointment — approved (F 538-11-E) ...... 580

Condolences Resolutions

Boyd Robinson, Ella Belle (R 554-11) ...... 582 Gonyon, Richard A. “Rick” (R 546-11) ...... 582 Taylor, David Samuel (R 545-11) ...... 582 Winters, Caroline (R 555-11) ...... 582

Congratulatory Resolutions

Gnew, Patrol Officer James J. (R 548-11) ...... 582 Kushner, David (R 549-11) ...... 582 Lyles, Agnes (R 547-11) ...... 582

Contracts

Cleveland Municipal Court — Cuyahoga County Public Defender — Legal Services necessary to defend indigents charges (O 449-11) ...... 612 Economic Development — Amend Ord. No. 1958-05 — One Source (O 330-11) ...... 612 Economic Development — Clean Ohio Grant — Fortuna Development, LLC (O 1362-10) ...... 609 Finance Department — Global Tel Link — Pay Telephones at various City Facilities (O 448-11) ...... 612 Public Works — City Year (O 324-11) ...... 611 Public Works — Cleveland Municipal Football Association — city-wide football program(O 325-11) ...... 612 Public Works — Solid Waste Disposal with bond contract with Ridge Rd. (O 363-11) ...... 592 Subsidiary additions for Contract No. 4002 PI 2010-34 with R.W. Clark Co. for Coast Guard Station roof replacement project (O 222-11) ...... 592 Utilities Department — amendment to Contract No 69504 — Woolpert, Inc. — Division of Water’s GIS (O 530-11) ...... 582 Utilities Department — Contract 69901 — Terrance Construction — Water Main Replacement in the City of Euclid (Statement of Final Acceptance) (F 534-11) ...... 581 Utilities Department — professional consultants — perform a rate study — CPP (O 528-11) ...... 582

Collective Bargaining Agreements

Ohio Patrolmen’s Benevolent Association (Chief Dispatchers) — approve collective bargaining agreement — Finance Department — Personnel and Human Resources Department (O 527-11) ...... 590

Easements

Capital Projects — To appropriate a temporary easement — S.E. corner of E. 88th St., & St. Catherine Ave. — widening a public road in connection with Bessemer Avenue Extension — repeal Ord. No. 880-10 (Ward 05) (O 498-11) ...... 592 618 April 20, 2011 The City Record 43

Capital Projects — To appropriate easements — S.W. corner of E. 88th St. & Bessemer Ave. — widening a public road in Bessemer Ave. Extension — repeal Ord. No. 883-10 (Ward 05) (O 500-11) ...... 593 Capital Projects — To appropriate property — S.W. corner of East 88th St. & Union Ave. — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 882-10 (Ward 05) (O 499-11) ...... 592 Capital Projects — To appropriate temporary easements — west side of East 93rd Street (between Heath & St. Catherine Ave.) — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 878-10 (O 497-11) ...... 592

Economic Development Department

Agreement — Midtown Acquisition, LLC — Euclid Ave., 6900 & 7000 (property improvements) (Ward 05) (O 421-11) ...... 592 Amend Ord. No. 1958-05 — One Source (O 330-11) ...... 612 Clean Ohio Grant — contracts — Fortuna Development, LLC (O 1362-10) ...... 609 Project agreements — Sell Tops property at 11905 Superior Avenue (O 225-11) ...... 611

Finance Department

Contracts — Global Tel Link — Pay Telephones at various City Facilities (O 448-11) ...... 612 Ohio Patrolmen’s Benevolent Association (Chief Dispatchers) — approve collective bargaining agreement — Finance Department — Personnel and Human Resources Department (O 527-11) ...... 590

Fire Housing Board

Beltre, Rosa Y — Fair Housing Board — Mayor’s Appointment — approved (F 538-11-F) ...... 580 Mayor’s appointments — Citizens Industrial Air Pollution Advisory Committee — Community Relations Board — Fair Housing Board — Greater Cleveland Regional Transit Authority — Housing Advisory Board (F 538-11) ...... 580

Grant

Community Development — Clean Ohio Assistance Funds — redevelopment of the Emerald Alliance VII site (R 533-11) ...... 590 Community Development (Drop Off) Program, 2011 — Ohio Department of Natural Resources — Public Works (O 219-11) ...... 592 Economic Development — Clean Ohio Grant — contracts — Fortuna Development, LLC (O 1362-10) ...... 609

Greater Cleveland Regional Transit Authority (RTA)

Anderson, Jesse — Greater Cleveland Regional Transit Authority — Mayor’s Appointment — approved (F 538-11-G) ...... 581 Mayor’s appointments — Citizens Industrial Air Pollution Advisory Committee — Community Relations Board — Fair Housing Board — Greater Cleveland Regional Transit Authority — Housing Advisory Board (F 538-11) ...... 580

Land Reutilization Program

East 105th St. & Columbia Ave. — PPN 109-12-004 / 075-B — Tarmeek, LLC (Ward 08) (O 532-11) ...... 583 East 136th St., (rear) — PPN 138-12-001 — Kevin Billingsley (Ward 01) (O 107-11) ...... 610 East 156th St., — PPN 142-17-007 — James A. Frank (Ward 01) (O 212-11) ...... 610 Lake Shore Blvd., 16816 — PPN 113-21-006 — Tuzzan, LTD (Ward 11) (O 531-11) ...... 582 Warner Rd., 4350 — PPN. 134-14-120 — Richard & Kathye Bossone (Ward 02) (O 539-11) ...... 583

Licenses

Internet Sweepstakes Operations Moratorium Extension (O 508-11) ...... 613

Liquor Permits

Broadview Rd., 3314 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1107-10 (Ward 13) (R 543-11) ...... 591 Corlett Ave., 12401 (1st fl.) — withdraw objection to renewal (Ward 02) (R 512-11) ...... 609 East 65th St., 3850 (1st fl.) — withdraw objection to renewal (Ward 12) (R 509-11) ...... 608 Euclid Ave., 170 — new application (Ward 03) (F 535-11) ...... 581 Euclid Ave., 170 — transfer of location application (Ward 03) (F 536-11) ...... 581 Lake Shore Blvd., 16826 — transfer of ownership application (Ward 11) (F 537-11) ...... 581 Superior Ave., 7909 — objection to issuance (Ward 07) (R 511-11) ...... 608 West 9th St., 1293 — objection to transfer of liquor license (Ward 03) (R 510-11) ...... 608

Mayor’s Appointments

Anderson, Jesse — Greater Cleveland Regional Transit Authority — Mayor’s Appointment — approved (F 538-11-G) ...... 581 619 44 The City Record April 20, 2011

Beltre, Rosa Y — Fair Housing Board — Mayor’s Appointment — approved (F 538-11-F) ...... 580 Hall, Kathryn — Community Relations Board — Mayor’s Appointment — approved (F 538-11-D) ...... 580 Johnson, Vickie Eaton — Housing Advisory Board — Mayor’s Appointment — approved (F 538-11-I) ...... 581 Loehr, Janet — Housing Advisory Board — Mayor’s Appointment — approved (F 538-11-J) ...... 581 Mayor’s appointments — Citizens Industrial Air Pollution Advisory Committee — Community Relations Board — Fair Housing Board — Greater Cleveland Regional Transit Authority — Housing Advisory Board (F 538-11) ...... 580 Ratner, Joel — Housing Advisory Board — Mayor’s Appointment — approved (F 538-11-K) ...... 581 Slenczka, Lawrence — Housing Advisory Board — Mayor’s Appointment — approved (F 538-11-M) ...... 581 Turner, Stephanie — Housing Advisory Board — Mayor’s Appointment — approved (F 538-11-N) ...... 581 Vauss, Elvin — Citizen’s Industrial Air Pollution Advisory Committee — Mayor’s Appointment — approved (F 538-11-C) ...... 580 Wammes, Ted — Community Relations Board — Mayor’s Appointment — approved (F 538-11-E) ...... 580

Mayors Office

Citywide taskforce regarding phone book waste & encourages recycling (R 553-11) ...... 591

Ohio Department of Natural Resources

Community Development (Drop Off) Program, 2011 — Grant — Public Works (O 219-11) ...... 592

Office of Capital Projects

Sagrada Familia Church — banner — Detroit Ave. — July 2 to July 31 — Church Festival (Ward 15)(O 507-11) ...... 613 South Marginal Rd., extending (E. 55th Street) — Dick Goddard Way — City Planning Commission — Public Works (Ward 08) (O 91-11) ...... 592 To appropriate a temporary easement — S.E. corner of E. 88th St., & St. Catherine Ave. — widening a public road in connection with Bessemer Avenue Extension — repeal Ord. No. 880-10 (Ward 05) (O 498-11) ...... 592 To appropriate easements — S.W. corner of E. 88th St. & Bessemer Ave. — widening a public road in Bessemer Ave. Extension — repeal Ord. No. 883-10 (Ward 05) (O 500-11) ...... 593 To appropriate property — S.W. corner of East 88th St. & Union Ave. — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 882-10 (Ward 05) (O 499-11) ...... 592 To appropriate temporary easements — west side of East 93rd Street (between Heath & St. Catherine Ave.) — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 878-10 (O 497-11) ...... 592

Permits

Internet Sweepstakes Operations Moratorium Extension (O 508-11) ...... 613

Personnel and Human Resources

Ohio Patrolmen’s Benevolent Association (Chief Dispatchers) — approve collective bargaining agreement — Finance Department — Personnel and Human Resources Department (O 527-11) ...... 590

Professional Services

Cleveland Municipal Court — contract — Cuyahoga County Public Defender — Legal Services necessary to defend indigents charges (O 449-11) ...... 612 Utilities Department — contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 582 Utilities Department — professional consultants — develop business strategy plan — CPP (O 529-11) ...... 582

Project Agreements

Economic Development — Sell Tops property at 11905 Superior Avenue (O 225-11) ...... 611

Public Hearing (Notices)

Detroit Ave. (between W. 85th St. & W. 70th St. . And northeast corner of Lake Ave.) — change use district — City Planning Commission (O 337-11) ...... 606 Lake Ave., Detroit Ave. & West 78th St. — change use district — Multi-Family Residential — City Planning Commission (O 339-11) ...... 606 Lorain Ave. (between West 25th St, West 32nd St, Gehring St., Jay Ave., & Chatham Rd.) — change use and area districts — Local Retail Business & ‘c’ area district — City Planning Commission (Ward 03) (O 334-11) ...... 606 Lorain Rd. (between West 85th St. & Gehring St.) — pedestrian retail overlay district -City Planning Commission (O 346-11) ...... 606 North & south sides of Detroit Ave. (between W 70th St. & W 45th St.) — change use , area and height districts — Local Retail Business , ‘c’ area district & ‘2’ height district — City Planning Commission (O 341-11) ...... 606 620 April 20, 2011 The City Record 45

North & south sides of Detroit Ave. (west of W. 25th St. & East of West 32nd St.) — change use, area and height districts — Local Retail Business, a ‘d’ area district, a ‘2’or a ‘3’ height district — City Planning Commission (O 335-11) ...... 606 South of Detroit Avenue & East side of West 55th St. — change use district — Two Family Residential District — City Planning Commission (O 340-11) ...... 606 South of Lorain Ave. (between West 41St. & West 38th St.) — change use, area and height districts — Local Retail , ‘d’ area district, ‘3’ height district — City Planning Commission (O 345-11) ...... 606 South side of Lorain Ave. (between W. 50th St. & West 48th PL.) — change use and height districts — Two Family Residential District & ‘1’ height district — City Planning Commission (O 344-11) ...... 606 South side of Lorain Ave. (between W. 55th St. & West 52 St.) — change use district — Local Retail Business — City Planning Commission (O 343-11) ...... 606 Southeast corner of Lorain Rd. And West 65th St. — change use and height districts — open space and recreation & ‘1’ height district — City Planning Commission (O 342-11) ...... 606 Southwest corner of Lake Ave. & Detroit Ave. — change use district — General Retail Business — City Planning Commission (O 338-11) ...... 606

Public Works

Agreement with Murtis Taylor to use ten parking spaces at Alexander Hamilton Recreation Center (O 248-11) ...... 611 Community Development (Drop Off) Program, 2011 — Grant — Ohio Department of Natural Resources (O 219-11) ...... 592 Contract — Cleveland Municipal Football Association — city-wide football program(O 325-11) ...... 612 Contracts — City Year (O 324-11) ...... 611 Property adoption agreement with Davis Art Foundation for BOING Sculpture in Rockefeller Park (O 1553-10) ...... 610

Purchases and Supplies Division

Economic Development — project agreements — Sell Tops property at 11905 Superior Avenue (O 225-11) ...... 611

Recognition Resolutions

Cinco de Mayo (R 550-11) ...... 582 Cuyahoga County Fatherhood Initiative (R 552-11) ...... 582 Save Our Communities: Books Not Bombs, Jobs Not Jails, Families Not Foreclosures (R 551-11) ...... 582

Resolutions of Support

Citywide taskforce regarding phone book waste & encourages recycling (R 553-11) ...... 591 Community Development — Clean Ohio Assistance Funds — redevelopment of the Emerald Alliance VII site (R 533-11) ...... 590 Oppose closure of regional Taxpayers Service Centers (R 514-11) ...... 609

Resolutions- Miscellaneous

Citywide taskforce regarding phone book waste & encourages recycling (R 553-11) ...... 591 Community Development — Clean Ohio Assistance Funds — redevelopment of the Emerald Alliance VII site (R 533-11) ...... 590 Oppose closure of regional Taxpayers Service Centers (R 514-11) ...... 609 Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591

Salaries

Ohio Patrolmen’s Benevolent Association (Chief Dispatchers) — approve collective bargaining agreement — Finance Department — Personnel and Human Resources Department (O 527-11) ...... 590

Senate Bills

Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591

Statement of Work Acceptance

Utilities Department — Contract 69901 — Terrance Construction — Water Main Replacement in the City of Euclid (Statement of Final Acceptance) (F 534-11) ...... 581

Streets — Name

South Marginal Rd., extending (E. 55th Street) — Dick Goddard Way — City Planning Commission — Public Works (Ward 08) (O 91-11) ...... 592 621 46 The City Record April 20, 2011

Utilities Department

Amendment to Contract No 69504 — Woolpert, Inc. — Division of Water’s GIS (O 530-11) ...... 582 Contract — professional consultants — perform a rate study — CPP (O 528-11) ...... 582 Contract 69901 — Terrance Construction — Water Main Replacement in the City of Euclid (Statement of Final Acceptance) (F 534-11) ...... 581 Professional consultants — develop business strategy plan — CPP (O 529-11) ...... 582

Ward 01

Council Member Pruitt — Record of Vote — record a yea, passed and adopted legislation on April 11, 2011 Meeting (F 526-11) ...... 579 East 136th St., (rear) — PPN 138-12-001 — Land Reutilization Program — Kevin Billingsley (O 107-11) ...... 610 East 156th St., — PPN 142-17-007 — Land Reutilization Program — James A. Frank (O 212-11) ...... 610 Senior Lawn Care Program — agreement — landscape assistance to seniors — Aging Department — Court Community Service (Ward 01 NCF) (O 513-11) ...... 613 Taylor, David Samuel — condolence (R 545-11) ...... 582

Ward 02

Boyd Robinson, Ella Belle — condolence (R 554-11) ...... 582 Corlett Ave., 12401 (1st fl.) — withdraw objection to renewal — liquor permit (R 512-11) ...... 609 Warner Rd., 4350 — PPN. 134-14-120 — Land Reutilization Program — Richard & Kathye Bossone (O 539-11) ...... 583

Ward 03

Economic Development — Amend Ord. No. 1958-05 — One Source (O 330-11) ...... 612 Euclid Ave., 170 — new application — liquor permit (F 535-11) ...... 581 Euclid Ave., 170 — transfer of location application — liquor permit (F 536-11) ...... 581 Lorain Ave. (between West 25th St, West 32nd St, Gehring St., Jay Ave., & Chatham Rd.) — change use and area districts — Local Retail Business & ‘c’ area district — City Planning Commission (O 334-11) ...... 606 Lorain Rd. (between West 85th St. & Gehring St.) — pedestrian retail overlay district -City Planning Commission (O 346-11) ...... 606 North & south sides of Detroit Ave. (west of W. 25th St. & East of West 32nd St.) — change use, area and height districts — Local Retail Business, a ‘d’ area district, a ‘2’or a ‘3’ height district — City Planning Commission (O 335-11) ...... 606 West 9th St., 1293 — objection to transfer of liquor license — liquor permit (R 510-11) ...... 608

Ward 05

Capital Projects — To appropriate a temporary easement — S.E. corner of E. 88th St., & St. Catherine Ave. — widening a public road in connection with Bessemer Avenue Extension — repeal Ord. No. 880-10 (O 498-11) ...... 592 Capital Projects — To appropriate easements — S.W. corner of E. 88th St. & Bessemer Ave. — widening a public road in Bessemer Ave. Extension — repeal Ord. No. 883-10 (O 500-11) ...... 593 Capital Projects — To appropriate property — S.W. corner of East 88th St. & Union Ave. — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 882-10 (O 499-11) ...... 592 Economic Development — agreement — Midtown Acquisition, LLC — Euclid Ave., 6900 & 7000 (property improvements) (O 421-11) ...... 592

Ward 06

Lyles, Agnes — congratulations (R 547-11) ...... 582

Ward 07

North & south sides of Superior Ave. (between E. 48 St. & E. 74 St.) — Multi-Family Residential — City Planning Commission (O 540-11) ...... 584 North & South sides of Superior Ave. (between E. 71st St. & E. 77th St.) — change Use, Area and Height District — Local Retail Business — City Planning Commission (O 541-11) ...... 586 South sides of Superior Ave. (between E. 79th St. & E. 91st St.) — change Use, Area and Height District — Multi-Family Residential — City Planning Commission (O 542-11) ...... 588 Superior Ave., 7909 — objection to issuance — liquor permit (R 511-11) ...... 608

Ward 08

East 105th St. & Columbia Ave. — PPN 109-12-004 / 075-B — Land Reutilization Program — Tarmeek, LLC (O 532-11) ...... 583 South Marginal Rd., extending (E. 55th Street) — Dick Goddard Way — City Planning Commission — Public Works (O 91-11) ...... 592 Winters, Caroline — condolence (R 555-11) ...... 582 622 April 20, 2011 The City Record 47

Ward 09

Cuyahoga County Fatherhood Initiative — recognition (R 552-11) ...... 582 Economic Development — project agreements — Sell Tops property at 11905 Superior Avenue (O 225-11) ...... 611 Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591

Ward 10

Capital Projects — To appropriate temporary easements — west side of East 93rd Street (between Heath & St. Catherine Ave.) — widening a public road in connection with Bessemer Ave. Extension — repeal Ord. No. 878-10 (O 497-11) ...... 592 St. Clair Ave. (between Eddy Rd. & E. 123rd St.) — Change the Use District — Shopping Center to Local Retail & Institutional Research (O 18-11) ...... 597

Ward 11

Lake Shore Blvd., 16816 — PPN 113-21-006 — Land Reutilization Program — Tuzzan, LTD (O 531-11) ...... 582 Lake Shore Blvd., 16826 — transfer of ownership application — liquor permit (F 537-11) ...... 581 Kushner, David — congratulations(R 549-11) ...... 582

Ward 12

East 65th St., 3850 (1st fl.) — withdraw objection to renewal — liquor permit (R 509-11) ...... 608 Economic Development — Clean Ohio Grant — contracts — Fortuna Development, LLC (O 1362-10) ...... 609 Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591

Ward 13

Broadview Rd., 3314 (1st fl. & bsmt.) — withdraw objection to renewal — repeal Res. 1107-10 — liquor permit (R 543-11) ...... 591

Ward 14

Cinco de Mayo — recognition (R 550-11) ...... 582 Seymour Ave. (West of Fulton Rd.) — Change the Use District — Two Family Residential to Local Retail Business — City Planning Commission (O 1568-10) ...... 596

Ward 15

Citywide taskforce regarding phone book waste & encourages recycling (R 553-11) ...... 591 Detroit Ave. (between W. 85th St. & W. 70th St. . And northeast corner of Lake Ave.) — change use district — City Planning Commission (O 337-11) ...... 606 Gonyon, Richard A. “Rick” — condolence (R 546-11) ...... 582 Lake Ave., Detroit Ave. & West 78th St. — change use district — Multi-Family Residential — City Planning Commission (O 339-11) ...... 606 Lorain Rd. (between West 85th St. & Gehring St.) — pedestrian retail overlay district — City Planning Commission (O 346-11) ...... 606 North & south sides of Detroit Ave. (between W 70th St. & W 45th St.) — change use, area and height districts — Local Retail Business , ‘c’ area district & ‘2’ height district — City Planning Commission (O 341-11) ...... 606 Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591 Sagrada Familia Church — banner — Detroit Ave. — July 2 to July 31 — Church Festival (O 507-11) ...... 613 South of Detroit Avenue & East side of West 55th St. — change use district — Two Family Residential District — City Planning Commission (O 340-11) ...... 606 South of Lorain Ave. (between West 41St. & West 38th St.) — change use, area and height districts — Local Retail, ‘d’ area district, ‘3’ height district — City Planning Commission (O 345-11) ...... 606 South side of Lorain Ave. (between W. 50th St. & West 48th PL.) — change use and height districts — Two Family Residential District & ‘1’ height district — City Planning Commission (O 344-11) ...... 606 South side of Lorain Ave. (between W. 55th St. & West 52 St.) — change use district — Local Retail Business — City Planning Commission (O 343-11) ...... 606 Southeast corner of Lorain Rd. And West 65th St. — change use and height districts — open space and recreation & ‘1’ height district — City Planning Commission (O 342-11) ...... 606 Southwest corner of Lake Ave. & Detroit Ave. — change use district — General Retail Business — City Planning Commission (O 338-11) ...... 606

Ward 16

Gnew, Patrol Officer James J. — congratulations (R 548-11) ...... 582 Opposing Sub. S.B. 17 — concealed weapons in bars, restaurants other liquor permit premises (R 544-11) ...... 591 623 48 The City Record April 20, 2011

Save Our Communities: Books Not Bombs, Jobs Not Jails, Families Not Foreclosures — recognition (R 551-11) ...... 582

Ward 19

Lorain Rd. (between West 178th St. & Norfolk Southern Railroad tracks) — Pedestrian Retail Overlay (PRO) (O 745-10) ...... 595 Lorain Rd., (between W. 147th St. & West 165th St.) — Change the Use District — Local Retail Business — City Planning Commission (O 744-10) ...... 593 Oppose closure of regional Taxpayers Service Centers (R 514-11) ...... 609

Waste Collection and Disposal Division

Public Works — Solid Waste Disposal with bond contract with Ridge Rd. (O 363-11) ...... 592

Water Division

Utilities Department — amendment to Contract No 69504 — Woolpert, Inc. — Division of Water’s GIS (O 530-11) ...... 582

Zoning

Detroit Ave. (between W. 85th St. & W. 70th St. . And northeast corner of Lake Ave.) — change use district — City Planning Commission (O 337-11) ...... 606 Lake Ave., Detroit Ave. & West 78th St. — change use district — Multi-Family Residential — City Planning Commission (O 339-11) ...... 606 Lorain Ave. (between West 25th St, West 32nd St, Gehring St., Jay Ave., & Chatham Rd.) — change use and area districts — Local Retail Business & ‘c’ area district — City Planning Commission (Ward 03) (O 334-11) ...... 606 Lorain Rd. (between West 178th St. & Norfolk Southern Railroad tracks) — Pedestrian Retail Overlay (PRO) (O 745-10) ...... 595 Lorain Rd. (between West 85th St. & Gehring St.) — pedestrian retail overlay district -City Planning Commission (O 346-11) ...... 606 Lorain Rd., (between W. 147th St. & West 165th St.) — Change the Use District — Local Retail Business — City Planning Commission (Ward 19) (O 744-10) ...... 593 North & south sides of Detroit Ave. (between W 70th St. & W 45th St.) — change use , area and height districts — Local Retail Business , ‘c’ area district & ‘2’ height district — City Planning Commission (O 341-11) ...... 606 North & south sides of Detroit Ave. (west of W. 25th St. & East of West 32nd St.) — change use, area and height districts — Local Retail Business, a ‘d’ area district, a ‘2’or a ‘3’ height district — City Planning Commission (O 335-11) ...... 606 North & south sides of Superior Ave. (between E. 48 St. & E. 74 St.) — Multi-Family Residential — City Planning Commission (Ward 07) (O 540-11) ...... 584 North & South sides of Superior Ave. (between E. 71st St. & E. 77th St.) — change Use, Area and Height District — Local Retail Business — City Planning Commission (Ward 07) (O 541-11) ...... 586 Seymour Ave. (West of Fulton Rd.) — Change the Use District — Two Family Residential to Local Retail Business — City Planning Commission (Ward 14) (O 1568-10) ...... 596 South of Detroit Avenue & East side of West 55th St. — change use district — Two Family Residential District — City Planning Commission (O 340-11) ...... 606 South of Lorain Ave. (between West 41St. & West 38th St.) — change use, area and height districts — Local Retail , ‘d’ area district, ‘3’ height district — City Planning Commission (O 345-11) ...... 606 South side of Lorain Ave. (between W. 50th St. & West 48th PL.) — change use and height districts — Two Family Residential District & ‘1’ height district — City Planning Commission (O 344-11) ...... 606 South side of Lorain Ave. (between W. 55th St. & West 52 St.) — change use district — Local Retail Business — City Planning Commission (O 343-11) ...... 606 South sides of Superior Ave. (between E. 79th St. & E. 91st St.) — change Use, Area and Height District — Multi-Family Residential — City Planning Commission (Ward 07) (O 542-11) ...... 588 Southeast corner of Lorain Rd. And West 65th St. — change use and height districts — open space and recreation & ‘1’ height district — City Planning Commission (O 342-11) ...... 606 Southwest corner of Lake Ave. & Detroit Ave. — change use district — General Retail Business — City Planning Commission (O 338-11) ...... 606 St. Clair Ave. (between Eddy Rd. & E. 123rd St.) — Change the Use District — Shopping Center to Local Retail & Institutional Research (Ward 10) (O 18-11) ...... 597

Zoning Code

Internet Sweepstakes Operations Moratorium Extension (O 508-11) ...... 613

624