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

June the Twelfth, Two Thousand and Nineteen

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

Kevin J. Kelley President of Council Containing PAGE

Patricia J. Britt City Council 3 City Clerk, Clerk of Council The Calendar 3 Board of Control 3 Ward Name Civil Service 8 1 Joseph T. Jones Board of Zoning Appeals 8 2 Kevin L. Bishop Board of Building Standards 3 Kerry McCormack and Building Appeals 10 4 Kenneth L. Johnson, Sr. Public Notice 10 5 Phyllis E. Cleveland Public Hearings 10 6 Blaine A. Griffin City of Cleveland Bids 10 7 Basheer S. Jones Adopted Resolutions and Ordinances 11 8 Michael D. Polensek Committee Meetings 61 9 Kevin Conwell Index 61 10 Anthony T. Hairston 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Jasmin Santana 15 Matt Zone 16 Brian Kazy 17 Martin J. Keane

Printed on Recycled Paper DIRECTORY OF CITY OFFICIALS

CITY COUNCIL – LEGISLATIVE DEPT. OF PUBLIC SAFETY – Michael C. McGrath, Director, Room 230 President of Council – Kevin J. Kelley DIVISIONS: Animal Control Services – John Baird, Interim Chief Animal Control Officer, 2690 West 7th Ward Name Residence Street 1 Joseph T. Jones...... 4691 East 177th Street 44128 Correction – David Carroll, Interim Commissioner, Cleveland House of Corrections, 4041 Northfield 2 Kevin L. Bishop...... 11729 Miles Avenue, #5 44105 Rd. 3 Kerry McCormack...... 1769 West 31st Place 44113 Emergency Medical Service – Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive 4 Kenneth L. Johnson, Sr...... 2948 Hampton Road 44120 Fire – Angelo Calvillo, Chief, 1645 Superior Avenue 5 Phyllis E. Cleveland...... 2369 East 36th Street 44115 Police – Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street 6 Blaine A. Griffin...... 1810 Larchmere Boulevard 44120 DEPT. OF COMMUNITY DEVELOPMENT – Tania Menesse, Director 7 Basheer S. Jones...... 1383 East 94th Street 44106 DIVISIONS: 8 Michael D. Polensek...... 17855 Brian Avenue 44119 Administrative Services – Joy Anderson, Commissioner 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 Fair Housing and Consumer Affairs Office – John Mahoney, Manager 10 Anthony T. Hairston ...... 423 Arbor Road 44108 Neighborhood Development –James Greene, Commissioner 11 Dona Brady ...... 1272 44102 Neighborhood Services – Louise V. Jackson, Commissioner 12 Anthony Brancatelli ...... 6924 Ottawa Road 44105 13 Kevin J. Kelley...... 5904 Parkridge Avenue 44144 DEPT. OF BUILDING AND HOUSING – Ayonna Blue Donald, Director, Room 500 14 Jasmin Santana...... 3535 Marvin Avenue 44109 DIVISIONS: 15 Matt Zone...... 1228 West 69th Street 44102 Code Enforcement – Thomas E. Vanover, Commissioner Construction Permitting – Narid Hussain, Commissioner 16 Brian Kazy ...... 4300 West 143rd Street 44135 17 Martin J. Keane...... 15907 Colletta Lane 44111 DEPT. OF HUMAN RESOURCES – Nycole West, Director, Room 121 City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 DEPT. OF ECONOMIC DEVELOPMENT – David Ebersole, Director, Room 210 MAYOR – Frank G. Jackson DEPT. OF AGING – Mary McNamara, Director, Room 122 Sharon Dumas, Interim Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer COMMUNITY RELATIONS BOARD – Room 11, Grady Stevenson, Director, Mayor Frank Valarie J. McCall, Executive Assistant to the Mayor, Chief of Communications Government G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council & International Affairs Member Kevin L. Bishop, Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Matt Gray, Executive Assistant to the Mayor, Chief of Sustainability Stephanie Morrison-Hrbek, Roland Muhammad, Gia Hoa Ryan, Council Member Jasmin Natoya J. Walker Minor, Executive Assistant to the Mayor, Chief of Public Affairs Santana, Peter Whitt, Ted Wammes. Edward W. Rybka, Executive Assistant to the Mayor, Chief of Regional Development CIVIL SERVICE COMMISSION – Room 119, Rev. Gregory E. Jordan, President; Michael Tracy Martin-Thompson, Executive Assistant to the Mayor, Chief of Prevention, Intervention Flickinger, Vice-President; Michael Spreng, Secretary; Members: Daniel J. Brennan, and Opportunity for Youth and Young Adults India Pierce Lee. OFFICE OF CAPITAL PROJECTS – Matthew L. Spronz, Director SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Kevin DIVISIONS: J. Kelley; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. Architecture and Site Development – Carter Edman, Manager BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; Engineering and Construction — Richard J. Switalski, Manager Henry Bailey, Myrline Barnes, Kelley Britt, Tim Donovan, Elizabeth Kukla, Secretary. Real Estate — James DeRosa, Commissioner BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, OFFICE OF EQUAL OPPORTUNITY – Melissa K. Burrows, Ph.D., Director Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim OFFICE OF QUALITY CONTROL AND PERFORMANCE MANAGEMENT – Sabra M. Saab, P.E., Alternate Members – ______. T. Pierce-Scott, Director BOARD OF REVISION OF ASSESSMENTS – Law Director Barbara A. Langhenry, DEPT. OF LAW – Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. Ronda G. Curtis, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, BOARD OF SIDEWALK APPEALS – Capital Projects Director Matthew Spronz, Law Victor R. Perez, Chief Assistant Prosecutor, Room 106: John Skrtic, Law Librarian, Director Barbara A. Langhenry; Council Member Kenneth L. Johnson. Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Barbara A. Langhenry; DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Public Utilities Director Robert L. Davis; Council President Kevin J. Kelley. Natasha Brandt, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Freddy L. Collier, Jr., Director; David DIVISIONS: H. Bowen, Lillian Kuri, Gloria Jean Pinkney, Council Member Kerry McCormack, Accounts – Lonya Moss Walker, Commissioner, Room 19 Diane Downing, August Fluker, Charles Slife. Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 FAIR HOUSING BOARD – ______, Chair; Genesis O. Brown, Daniel Conway, City Treasury – James Hartley, Treasurer, Room 115 Robert L. Render. Financial Reporting and Control – James Gentile, Controller, Room 18 HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Information Technology and Services – Kimberly Roy-Wilson, Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Commissioner, 205 W. St. Clair Avenue David Perkowski, Joan Shaver Washington, Keith Sutton. Purchases and Supplies – Tiffany White, Commissioner, Room 128 Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chair man; Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue Clint Martin, Mark Rivera. DEPT. OF PUBLIC UTILITIES – Robert L. Davis, Director, 1201 Lakeside Avenue MORAL CLAIMS COMMISSION – Law Director Barbara A. Langhenry; Chairman; DIVISIONS: Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Cleveland Public Power – Ivan Henderson, Commissioner Kevin Kelley. Utilities Fiscal Control – Frank Badalamenti, Chief Financial Officer CLEVELAND LANDMARKS COMMISSION – Room 519 – Julie Trott, Chair; Giancarlo Water – Alex Margevicius, Commissioner Calicchia, Vice Chair; ______, Freddy L. Collier, Jr., Allan Dreyer, Robert Water Pollution Control – Rachid Zoghaib, Commissioner Strickland, Donald Petit, Secretary, Council Member Basheer S. Jones, Matthew L. DEPT. OF PORT CONTROL – Robert Kennedy, Director, Cleveland Hopkins International Spronz; Michele Anderson, Stephen Harrison, Raymond Tarasuck, Jr. Airport, 5300 Riverside Drive AUDIT COMMITTEE – Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane DIVISIONS: Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Burke Lakefront Airport – Khalid Bahhur, Commissioner Langhenry. Cleveland Hopkins International Airport & Burke Lakefront Airport – Khalid Bahhur, CLEVELAND MUNICIPAL COURT Commissioner JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC WORKS – Michael Cox, Director JUDGE COURTROOM ASSIGNMENTS OFFICES: Judge Courtroom Administration – John Laird, Manager Presiding and Administrative Judge Michelle D. Earley 14-C Special Events and Marketing – Tangee Johnson, Manager Judge Pinkey S. Carr 15-C DIVISIONS: Judge Marilyn B. Cassidy 13-A Motor Vehicle Maintenance – Jeffrey Brown, Commissioner Judge Emanuella Groves 14-B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Lauren C. Moore 15-A Parking Facilities – Kim Johnson, Interim Commissioner Judge Michael L. Nelson, Sr. 12-A Property Management – Tom Nagle, Commissioner Judge Ann Clare Oakar 14-A Recreation – Samuel Gissentaner, Interim Commissioner Judge Ronald J.H. O’Leary (Housing Court Judge) 13-B Streets – Frank D. Williams, Interim Commissioner Judge Charles L. Patton, Jr. 13-D Traffic Engineering – Robert Mavec, Commissioner Judge Suzan M. Sweeney 12-C Waste Collection and Disposal – Randell T. Scott, Interim Commissioner Judge Jazmin Torres-Lugo 13-C DEPT. OF PUBLIC HEALTH – Merle Gordon, Director, 75 Erieview Plaza Judge Shiela Turner McCall 12-B DIVISIONS: Judge Joseph J. Zone 14-D Air Quality – David Hearne, Interim Commissioner Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Timothy Environment – Brian Kimball, Commissioner, 75 Erieview Plaza Lubbe – Housing Court Administrator, Robert J. Furda – Chief Bailiff; Dean Jenkins – Chief Health – Persis Sosiak, Commissioner, 75 Erieview Plaza Probation Officer, Gregory F. Clifford – Chief Magistrate. The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 106 WEDNESDAY, JUNE 12, 2019 No. 5505 CITY COUNCIL MONDAY, JUNE 10, 2019

The City Record The following Committees meet at contract to provide video surveil- Published weekly by the City Clerk, the Call of the Chair: lance cameras, network recorders Clerk of Council under authority and storage, wired infrastructure of the Charter of the Mayor’s Appointments Committee: and ancillary equipment, profession- Kazy (CHAIR), Brady, Brancatelli, al services, system design and engi- City of Cleveland Cleveland, Kelley. neering, installation, project The City Record is available management, support, and mainte- online at Operations Committee: McCormack nance to implement Safe Smart CLE www.clevelandcitycouncil.org (CHAIR), Griffin, Keane, Kelley, Bridges and Docks Video Surveil- Address all communications to Zone. lance at City of Cleveland swing PATRICIA J. BRITT and sift bridges for remote viewing Rules Committee: Kelley and recording. City Clerk, Clerk of Council (CHAIR), Cleveland, Hairston, Be it further resolved, that the 216 City Hall Keane, Polensek. Director of Finance is authorized to enter into a contract with Motorola PERMANENT SCHEDULE Solutions, Inc. based upon its pro- OFFICIAL PROCEEDINGS posal dated November 19, 2018, STANDING COMMITTEES which contract shall be prepared by OF THE COUNCIL CITY COUNCIL the Director of Law, shall provide 2018-2021 ______for rendering the above-mentioned professional services and equipment as described in the proposal for an MONDAY — Alternating NO MEETING amount not to exceed $599,992.00, 9:30 A.M. — Health and Human and shall contain such additional Services Committee: Griffin provisions as the Director of Law deems necessary to protect and ben- (CHAIR), McCormack (VICE- THE CALENDAR CHAIR), Conwell, B. Jones, Hair- efit the public interest. ston, Santana, Zone. Be it further resolved, that the employment of the following sub- The following measures will be on 9:30 A.M. — Municipal Services consultant by Motorola Solutions, their final passage at the next meet- Inc. for the above-authorized con- and Properties Committee: K. John- ing: son (CHAIR), Brady (VICE- tract is approved: CHAIR), Bishop, Brancatelli, NONE Hairston, J. Jones, Kazy. SUB-CONSULTANT CSB/MBE/FBE AMOUNT PERCENT MONDAY BOARD OF CONTROL Technology Install Partners CSB 2:00 P.M. — Finance Committee: $182,172.00 30.4% Kelley (CHAIR), Zone (VICE- June 5, 2019 CHAIR), Brady, Brancatelli, Cleve- Yeas: Directors Langhenry, land, Conwell, Griffin, Keane, The meeting of the Board of Con- Dumas, Davis, Acting Director Bah- McCormack. trol convened in the Mayor’s office hur, Directors Cox, Gordon, Acting on Wednesday, June 5, 2019 at 10:42 Directors Gehlmann, Wackers, TUESDAY a.m. with Director Langhenry pre- Directors West, Ebersole, McNama- siding. ra, and Donald. 9:30 A.M. — Development, Plan- Present: Directors Langhenry, Nays: None. ning and Sustainability Committee: Dumas, Davis, Acting Director Bah- Absent: Mayor Jackson. Brancatelli (CHAIR), Cleveland hur, Directors Cox, Gordon, Acting (VICE-CHAIR), Bishop, Hairston, B. Directors Gehlmann, Wackers, Resolution No. 245-19. Jones, Keane, McCormack. Directors West, Ebersole, McNama- By Director Dumas. ra, and Donald. Whereas, under the authority of TUESDAY — Alternating Absent: Mayor Jackson. Ordinance No. 565-18, passed by the Others: Tiffany White Johnson, Council of the City of Cleveland on 1:30 P.M. — Utilities Committee: Commissioner, Division of Purchas- May 21, 2018, and Resolution No. 234- Keane (CHAIR), Kazy (VICE- es & Supplies. 18, adopted June 13, 2018, the City, CHAIR), Bishop, Hairston, McCor- Michael Curry, Acting Director, through the Director of Finance mack, Polensek, Santana. Office of Equal Opportunity. (“Director”) entered into City Con- Matthew Spronz, Director, Mayor’s tract No. CT 1511 PS2018*0149 with 1:30 P.M. — Workforce and Com- Office of Capital Projects. Paladin Protective Systems, Inc. for munity Benefits Committee: Bishop On motions, the resolutions equipment, professional services, (CHAIR), Cleveland (VICE-CHAIR), attached were adopted, except as installation, project management, Brady, Griffin, B. Jones, J. Jones, may be otherwise noted. support, and maintenance to imple- Kazy. ment Video Surveillance at Zelma Resolution No. 244-19. George Watson Recreation Center, WEDNESDAY — Alternating By Director Dumas. Luke Easter Park, Michael J. Zone Be it resolved, by the Board of Recreation Center and Park for 10:00 A.M. — Safety Committee: Control of the City of Cleveland that remote viewing and recording; and Zone (CHAIR), Polensek (VICE- under the authority of Ordinance No. Whereas, under the authority of CHAIR), Griffin, Kazy, B. Jones, J. 565-18, passed by the Council of the Board of Control Resolution No. 441- Jones, Santana. City of Cleveland on May 21, 2018, 18, adopted October 17, 2018, the City Motorola Solutions, Inc. is selected entered into a first modification to 10:00 A.M. — Transportation Com- from a list of qualified consultants Contract No. PS2018*0149 for the mittee: Cleveland (CHAIR), Keane determined after a full and complete additional professional services nec- (VICE-CHAIR), Bishop, Conwell, canvass by the Director of Finance essary to design and implement a Johnson, J. Jones, Santana. as the consultant to be employed by turnkey video surveillance solution 995 4 The City Record June 12, 2019 for Kerruish Park including equip- Resolution No. 247-19. items, items 9, 17, 22, 23, 27, 29 and ment, professional services, installa- By Director Davis. 30 for the Department of Public Util- tion, project management, support Be it resolved by the Board of ities, for a period of one year start- and maintenance, and increasing the Control of the City of Cleveland that ing upon the later of the execution contract amount to not to exceed the bid of Joy Products, Inc. for an of a contract or the day following $345,080.71; and estimated quantity of promotional expiration of the currently effective Whereas, the City requires addi- items, items 1, 4, 5, 7, 10, 11, 12, 13, contract for the goods or services, tional professional services to imple- 18, 28, 34, 36, 37 and 40 for the received on March 13, 2019, under ment video surveillance cameras Department of Public Utilities, for a the authority of Section 181.101 of along the Lee Road Corridor as part period of one year starting upon the the Codified Ordinances of Cleve- of the Ward 1 Safe Smart CLE pilot later of the execution of a contract land, Ohio, 1976, which on the basis deployment, comprising a turnkey or the day following expiration of of the estimated quantity would video surveillance solution for the the currently effective contract for amount to $23,879.72 (0%, Net 30 Lee Road Corridor including equip- the goods or services, received on Days), is affirmed and approved as ment, professional services, installa- March 13, 2019, under the authority the lowest and best bid, and the tion, project management, support of Section 181.101 of the Codified Director of Public Utilities is and maintenance; and Ordinances of Cleveland, Ohio, 1976, requested to enter into a require- Whereas, Paladin Protective Sys- which on the basis of the estimated ment contract for the goods and/or tems, Inc. has proposed by its May quantity would amount to $114,147.00 services necessary for the specified 8, 2019, proposal to perform the (0%, Net 30 Days), is affirmed and items. above-described additional profes- approved as the lowest and best bid, The requirement contract shall sional services for compensation of and the Director of Public Utilities further provide that the Contractor $49,975.00; now, therefore, is requested to enter into a require- shall furnish all the City’s require- Be it resolved by the Board of ment contract for the goods and/or ments for such goods and/or ser- Control of the City of Cleveland, services necessary for the specified vices, whether more or less than the that the Director of Finance is items. estimated quantity, as may be authorized to enter into a second The requirement contract shall ordered under delivery orders sepa- modification to Contract No. further provide that the Contractor rately certified to the contract. PS2018*0149 with Paladin Protective shall furnish all the City’s require- Yeas: Directors Langhenry, Systems, Inc., based upon its pro- ments for such goods and/or ser- Dumas, Davis, Acting Director Bah- posal dated May 8, 2019, for the addi- vices, whether more or less than the hur, Directors Cox, Gordon, Acting tional professional services estimated quantity, as may be Directors Gehlmann, Wackers, necessary to design and implement ordered under delivery orders sepa- Directors West, Ebersole, McNama- Video Surveillance for the Lee Road rately certified to the contract. ra, and Donald. Corridor, and increasing the total Yeas: Directors Langhenry, Nays: None. contract amount by $49,975.00 to an Dumas, Davis, Acting Director Bah- Absent: Mayor Jackson. amount not to exceed $395,055.71, hur, Directors Cox, Gordon, Acting which modification shall contain Directors Gehlmann, Wackers, Resolution No. 250-19. such additional provisions as the Directors West, Ebersole, McNama- By Director Davis. Director of Law deems necessary to ra, and Donald. Be it resolved by the Board of protect and benefit the public inter- Nays: None. Control of the City of Cleveland that est. Absent: Mayor Jackson. the bid of VanCuren Services, Inc., Yeas: Directors Langhenry, for an estimated quantity of Tree Dumas, Davis, Acting Director Bah- Resolution No. 248-19. Trimming Services, all items, for the hur, Directors Cox, Gordon, Acting By Director Davis. Division of Cleveland Public Power, Directors Gehlmann, Wackers, Be it resolved by the Board of Department of Public Utilities, for a Directors West, Ebersole, McNama- Control of the City of Cleveland that period of two years starting upon ra, and Donald. the bid of Blink Marketing LLC dba the later of execution of a contract Nays: None. Blink Swag for an estimated quan- or the day following expiration of Absent: Mayor Jackson. tity of promotional items, items 8, the currently effective contract for 14, 20, 21, 25, 32, 35, and 39, for the the goods or services, received on Resolution No. 246-19. Department of Public Utilities, for a April 4, 2019 under the authority of By Director Davis. period of one year starting upon the Ordinance No. 1177-18, passed Octo- Be it resolved by the Board of later of the execution of a contract ber 29, 2018, which on the basis of Control of the City of Cleveland that or the day following expiration of the estimated quantity would the bid of W.B. Mason Co. Inc. for the currently effective contract for amount to $1,643,904.00, is affirmed an estimated quantity of promotion- the goods or services, received on and approved as the lowest and best al items, items 2, 3, 6, 15, 16, 19, 24, March 13, 2019, under the authority bid, and the Director of Public Util- 26, 31, 33 and 38, for the Department of Section 181.101 of the Codified ities is requested to enter into a of Public Utilities, for a period of Ordinances of Cleveland, Ohio, 1976, requirement contract for the goods one year starting upon the later of which on the basis of the estimated and/or services necessary for the the execution of a contract or the quantity would amount to $24,682.00 specified items. day following expiration of the cur- (2%, Net 30 Days), is affirmed and The requirement contract shall rently effective contract for the approved as the lowest and best bid, further provide that the Contractor goods or services, received on March and the Director of Public Utilities 13, 2019, under the authority of Sec- will furnish the remainder of the is requested to enter into a require- tion 181.101 of the Codified Ordi- requirement for the goods and/or ment contract for the goods and/or nances of Cleveland, Ohio, 1976, services, whether more or less than which on the basis of the estimated services necessary for the specified the estimated quantity, as may be quantity would amount to $45,725.00 items. ordered under subsequent delivery (0%, Net 30 Days), is affirmed and The requirement contract shall orders separately certified against approved as the lowest and best bid, further provide that the Contractor the contract. and the Director of Public Utilities shall furnish all the City’s require- Be it further resolved by the is requested to enter into a require- ments for such goods and/or ser- Board of Control of the City of ment contract for the goods and/or vices, whether more or less than the Cleveland that the employment of services necessary for the specified estimated quantity, as may be the following subcontractor by Van- items. ordered under delivery orders sepa- Curen Services, Inc. for the above- The requirement contract shall rately certified to the contract. mentioned service is approved: further provide that the Contractor Yeas: Directors Langhenry, shall furnish all the City’s require- Dumas, Davis, Acting Director Bah- Subcontractor Dollar Amount ments for such goods and/or ser- hur, Directors Cox, Gordon, Acting Percentage vices, whether more or less than the Directors Gehlmann, Wackers, estimated quantity, as may be Directors West, Ebersole, McNama- Ullman Oil (FBE) $200,000.00 ordered under delivery orders sepa- ra, and Donald. 12.2% rately certified to the contract. Nays: None. Yeas: Directors Langhenry, Absent: Mayor Jackson. Yeas: Directors Langhenry, Dumas, Davis, Acting Director Bah- Dumas, Davis, Acting Director Bah- hur, Directors Cox, Gordon, Acting Resolution No. 249-19. hur, Directors Cox, Gordon, Acting Directors Gehlmann, Wackers, By Director Davis. Directors Gehlmann, Wackers, Directors West, Ebersole, McNama- Be it resolved by the Board of Directors West, Ebersole, McNama- ra, and Donald. Control of the City of Cleveland that ra, and Donald. Nays: None. the bid of Koppel Advertising for an Nays: None. Absent: Mayor Jackson. estimated quantity of promotional Absent: Mayor Jackson. 996 June 12, 2019 The City Record 5

Resolution No. 251-19. construction administration services Resolution No. 253-19. By Director Spronz. necessary to complete the Project, By Director Spronz. Whereas, under the authority of for an additional amount not exceed- Be it resolved by the Board of Ordinance No. 1629-06, passed by the ing $499,957.05, thereby increasing Control of the City of Cleveland that December 11, the total compensation under the the bid received on May 3, 2019 for 2006 and Resolution No. 387-08, contract to $2,537,763.05. the public improvement of the JFK adopted by this Board of Control on Be it further resolved that employ- Recreation Center Roof Repairs, for August 6, 2008, the City, through its ment of the following sub-consul- the Office of Capital Projects, pur- Director of Public Service, entered tants for services to be performed suant to the authority of Ordinance into Contract No. 68816 in the under the above-authorized fifth No. 648-18, passed by the Council of amount of $366,670.00 with Wilbur modification is approved: the City of Cleveland on June 4, Smith Associates, Inc. (“Engineer”) 2018, is rejected. for professional engineering con- KS Associates, Inc. Yeas: Directors Langhenry, sulting services necessary for the (FBE — $39,553.94 — (1.559%) Dumas, Davis, Acting Director Bah- design of the CUY-VOINOVICH Park hur, Directors Cox, Gordon, Acting Pedestrian Bridge nka CUY-North Stanford Bandlow Engineering, Inc. Directors Gehlmann, Wackers, Coast Harbor Pedestrian Bridge $275,500.00 — (10.856%) Directors West, Ebersole, McNama- (the “Project”); and ra, and Donald. Whereas, under Board of Control Yeas: Directors Langhenry, Nays: None. Resolution No. 241-11, adopted May Dumas, Davis, Acting Director Bah- Absent: Mayor Jackson. 25, 2011, the Director entered into a hur, Directors Cox, Gordon, Acting first modification to Contract No. Directors Gehlmann, Wackers, Resolution No. 254-19. 68816 for additional professional Directors West, Ebersole, McNama- By Director Spronz. engineering consulting services for ra, and Donald. Be it resolved, by the Board of the design of the Project and Nays: None. Control of the City of Cleveland, approved additional sub-consultants Absent: Mayor Jackson. that all bids received on May 22, and sub-consultant services; and 2019 for the public improvement of Whereas, Board of Control Reso- Resolution No. 252-19. Vega Avenue Retaining Wall, for lution No. 577-11, adopted November By Director Spronz. the Division of Engineering & Con- 30, 2011, amended Resolution No. 241- Whereas, under the authority of struction, Office of Capital Projects, 11 by changing the reference to a Ordinance Nos. 550-17, and 647-18, under the authority of Ordinance No. “first modification” to “second modi- passed by the Council of the City of 1374-18, passed by Cleveland City fication” and similarly revised the Cleveland on June 5, 2017 and June Council on December 3, 2018 are reference to a “first amendment” in 4, 2018 respectively and Resolution rejected. Resolution No. 241-11; and Nos. 455-17 and 500-18 adopted by Yeas: Directors Langhenry, Whereas, Resolution No. 676-12, this Board of Control on September Dumas, Davis, Acting Director Bah- adopted by this Board of Control on 6, 2017, and November 21, 2018 hur, Directors Cox, Gordon, Acting December 19, 2012, acknowledged respectively, the City, through its Directors Gehlmann, Wackers, the merger of Wilbur Smith Associ- Director of Capital Projects, entered Directors West, Ebersole, McNama- ates, Inc. into CDM Smith, Inc. and into City Contract No. CT 0103 ra, and Donald. authorized the Director of Capital PS2017-241 with R.E. Warner and Nays: None. Projects to consent to assignment of Associates, Inc. for the professional Absent: Mayor Jackson. City Contract No. 68816 from Wilbur services necessary to supplement Smith Associates, Inc. to CDM Smith, the regularly employed staff of sev- Resolution No. 255-19. Inc.; and eral departments of the City in By Director Menesse. Whereas, under Board of Control order to perform professional engi- Whereas, under Ordinance No. Resolution No. 109-14, adopted March neering services necessary to imple- 2076-76 passed October 25, 1976, the 3, 2014, the Director entered into a ment public improvement projects in City is conducting a Land Reuti- third modification to Contract No. the City of Cleveland, and a first lization Program (“Program”) 68816 for additional professional modification thereto in the total according to the provisions of Chap- amount of $150,000.00 as modified; engineering consulting services to ter 5722 of the Ohio Revised Code; and modify the pedestrian bridge width and Whereas, Ordinance No. 900-18, and structural design, provide coor- Whereas, under the Program, the passed by the Cleveland City Coun- dination for the bridge operation City has acquired Permanent Parcel cil on September 10, 2018, made cer- center design and other permitting No. 109-08-102 located at 10016 North tain additional funding available for and construction-related services for Boulevard; and professional engineering services the design of the Project and necessary for the North Point Tran- Whereas, Section 183.021 of the approved additional sub-consultants sitional Shelter, and Codified Ordinances of Cleveland, and sub-consultant services; and Whereas, the City requires addi- Ohio, 1976, authorizes the Commis- Whereas, under Board of Control tional professional engineering ser- sioner of Purchases and Supplies, Resolution No. 137-16, adopted March vices under Contract No. CT when directed by the Director of 30, 2016, the Director entered into a 0103-PS2017-241 at the North Point Community Development to sell or fourth modification to Contract No. Transitional Shelter in the amount lease Land Reutilization Program 68816 to obtain the additional ser- of $13,500.00; and parcels when certain specified con- vices necessary to resubmit the Whereas, R. E. Warner and Asso- ditions have been met; and bridge type study, redesign Stages ciates, Inc. has proposed by its May Whereas, Erika Ervin-Acy has 1, 2 and 3, update environmental per- 3, 2019 letter to perform the above- proposed to the City to lease the mitting and prepare the final ODOT mentioned additional services; now, parcel for a community garden; and plans, specifications and estimate therefore, Whereas, the following conditions bid package, and approved addi- Be it resolved by the Board of exist: tional sub-consultants and sub-con- Control of the City of Cleveland 1. The member of Council from sultant services; and that, the City, through its Director Ward 9 has approved the proposed Whereas, the City requires addi- of Capital Projects, is authorized to lease or has not disapproved or tional engineering services to enter into a second modification to requested a hold of the proposed administer the construction phase of Contract No. CT 0103-PS2017-241 with lease within 45 days of notification the Project; and R. E. Warner and Associates, Inc. of it; Whereas, Engineer has proposed for additional professional engineer- 2. The proposed lessee of the by its April 2, 2019 letter to perform ing services at the North Point parcels is neither tax delinquent nor the above-mentioned additional con- Transitional Shelter, for an addi- in violation of the Building and struction administration services for tional amount not to exceed Housing Code; now, therefore, an amount not to exceed $699,957.05, $13,500.00, thereby increasing the Be it resolved by the Board of thereby requiring an increase in the total compensation under the con- Control of the City of Cleveland that total contract amount of $499,957.05; tract to $163,500.00. under Section 183.021 of the Codified now, therefore, Yeas: Directors Langhenry, Ordinances of Cleveland, Ohio, 1976, Be it resolved by the Board of Dumas, Davis, Acting Director Bah- the Commissioner of Purchases and Control of the City of Cleveland that hur, Directors Cox, Gordon, Acting Supplies is authorized, when direct- the Director of Capital Projects is Directors Gehlmann, Wackers, ed by the Director of Community authorized to enter into a fifth mod- Directors West, Ebersole, McNama- Development, to execute a lease for ification to Contract No. 68816 with ra, and Donald. a period of 3 years, on behalf of the CDM Smith, Inc., based on its April Nays: None. City of Cleveland with Erika Ervin- 2, 2019 proposal, for the additional Absent: Mayor Jackson. Acy for the purpose of maintaining 997 6 The City Record June 12, 2019 a community garden on Permanent Resolution No. 257-19. Whereas, B.R. Knez Construction, Parcel No. 109-08-102, according to By Director Menesse. Inc. has proposed to the City to pur- the Land Reutilization Program in Whereas, under Ordinance No. chase and develop the parcels for such manner as best carries out the 2076-76 passed October 25, 1976, the new single family construction; and intent of the program. City is conducting a Land Reuti- Whereas, the following conditions Be it further resolved that the con- lization Program (“Program”) exist: sideration for lease of the parcel according to the provisions of Chap- 1. The member of Council from shall be $3.00, which amount is ter 5722 of the Ohio Revised Code; Ward 9 has either approved the pro- determined to be not less than the and posed sale or has not disapproved or fair market value of the parcels for Whereas, under the Program, the requested a hold of the proposed uses according to the Program. City has acquired Permanent Parcel sale within 45 days of notification Yeas: Directors Langhenry, No. 104-14-027 located at 5713 Dibble of it; Dumas, Davis, Acting Director Bah- Avenue; and 2. The proposed purchaser of the hur, Directors Cox, Gordon, Acting Whereas, Section 183.021 of the parcels is neither tax delinquent nor Directors Gehlmann, Wackers, Codified Ordinances of Cleveland, in violation of the Building and Directors West, Ebersole, McNama- Ohio, 1976, authorizes the Commis- Housing Code; now, therefore, ra, and Donald. sioner of Purchases and Supplies, Be it resolved by the Board of Nays: None. when directed by the Director of Control of the City of Cleveland that Absent: Mayor Jackson. Community Development, to sell under Section 183.021 of the Codified Land Reutilization Program parcels Ordinances of Cleveland, Ohio, 1976, Resolution No. 256-19. when certain specified conditions the Commissioner of Purchases and By Director Menesse. have been met; and Supplies is authorized, when direct- Whereas, under Ordinance No. Whereas, 5810 Dibble LLC has pro- ed by the Director of Community 2076-76 passed October 25, 1976, the posed to the City to purchase the Development, and the Mayor is City is conducting a Land Reuti- parcel for yard expansion; and requested, to execute an Official lization Program (“Program”) Whereas, the following conditions Deed for and on behalf of the City according to the provisions of Chap- exist: of Cleveland, with B.R. Knez Con- ter 5722 of the Ohio Revised Code; 1. The member of Council from struction, Inc. for the sale and devel- and Ward 7 has approved the proposed opment of Permanent Parcel Nos. Whereas, under the Program, the sale or has not disapproved or City has acquired Permanent Parcel 120-14-008, 120-14-009, 120-14-010, 120- requested a hold of the proposed 14-028, 120-14-069 and 120-14-070 locat- Nos. 121-34-041, 121-34-042, 121-34-043, sale within 45 days of notification 121-33-123, 121-33-124, and 121-33-126 ed in Ward 9, according to the Land of it; Reutilization Program in such man- located on Woodland Avenue; and 2. The proposed purchaser of the Whereas, Section 183.021 of the ner as best carries out the intent of parcel is neither tax delinquent nor the program. Codified Ordinances of Cleveland, in violation of the Building and Ohio, 1976, authorizes the Commis- Be it further resolved that the con- Housing Code; now, therefore, sioner of Purchases and Supplies, sideration for the sale of the parcels Be it resolved by the Board of when directed by the Director of shall be $200.00 each, which amount Control of the City of Cleveland that Community Development to sell or is determined to be not less than the under Section 183.021 of the Codified lease Land Reutilization Program fair market value of the parcels for Ordinances of Cleveland, Ohio, 1976, parcels when certain specified con- uses according to the Program. the Commissioner of Purchases and ditions have been met; and Yeas: Directors Langhenry, Supplies is authorized, when direct- Whereas, Cleveland Botanical Gar- Dumas, Davis, Acting Director Bah- ed by the Director of Community den has proposed to the City to hur, Directors Cox, Gordon, Acting Development, and the Mayor is lease the parcels for a Market Gar- Directors Gehlmann, Wackers, requested to execute an Official den and Training Center; and Directors West, Ebersole, McNama- Deed for and on behalf of the City Whereas, the following conditions ra, and Donald. exist: of Cleveland with 5810 Dibble LLC for the sale of Permanent Parcel No. Nays: None. 1. The member of Council from Absent: Mayor Jackson. Ward 6 has approved the proposed 104-14-027, according to the Land Reutilization Program in such man- lease or has not disapproved or Resolution No. 259-19. requested a hold of the proposed ner as best carries out the intent of the program. By Director Menesse. lease within 45 days of notification Whereas, under Ordinance No. of it; Be it further resolved that the con- 2076-76 passed October 25, 1976, the 2. The proposed lessee of the sideration for the sale of the parcel City is conducting a Land Reuti- parcels is neither tax delinquent nor shall be $200.00, which amount is lization Program (“Program”) in violation of the Building and determined to be not less than the Housing Code; now, therefore, fair market value of the parcel for according to the provisions of Chap- Be it resolved by the Board of uses according to the Program. ter 5722 of the Ohio Revised Code; Control of the City of Cleveland that Yeas: Directors Langhenry, and under Section 183.021 of the Codified Dumas, Davis, Acting Director Bah- Whereas, under the Program, the Ordinances of Cleveland, Ohio, 1976, hur, Directors Cox, Gordon, Acting City has acquired Permanent Parcel the Commissioner of Purchases and Directors Gehlmann, Wackers, No. 128-09-030 located at 11505 Supplies is authorized, when direct- Directors West, Ebersole, McNama- Methyl Avenue; and ed by the Director of Community ra, and Donald. Whereas, Section 183.021 of the Development, to execute a lease for Nays: None. Codified Ordinances of Cleveland, a period of 5 years, on behalf of the Absent: Mayor Jackson. Ohio, 1976, authorizes the Commis- City of Cleveland with Cleveland sioner of Purchases and Supplies, Botanical Garden for the purpose of Resolution No. 258-19. when directed by the Director of maintaining a Market Garden and By Director Menesse. Community Development, to sell Training Center on Permanent Par- Whereas, under Ordinance No. Land Reutilization Program parcels cel Nos. 121-34-041, 121-34-042, 121-34- 2076-76 passed October 25, 1976, the when certain specified conditions 043, 121-33-123, 121-33-124, and City is conducting a Land Reuti- have been met; and 121-33-126, according to the Land lization Program (“Program”) Whereas, Constance M. Mason has Reutilization Program in such man- according to the provisions of Chap- proposed to the City to purchase the ner as best carries out the intent of ter 5722 of the Ohio Revised Code; parcel for yard expansion; and the program. and Whereas, the following conditions Be it further resolved that the con- Whereas, under the Program, the exist: sideration for lease of the parcels City has acquired Permanent Parcel 1. The member of Council from shall be $5.00, which amount is Nos. 120-14-008, 120-14-009, 120-14-010, Ward 6 has approved the proposed determined to be not less than the 120-14-028, 120-14-069 and 120-14-070 sale or has not disapproved or fair market value of the parcels for located in Ward 9; and requested a hold of the proposed uses according to the Program. Whereas, Section 183.021 of the sale within 45 days of notification Yeas: Directors Langhenry, Codified Ordinances of Cleveland, of it; Dumas, Davis, Acting Director Bah- Ohio, 1976 authorizes the Commis- 2. The proposed purchaser of the hur, Directors Cox, Gordon, Acting sioner of Purchases and Supplies, parcel is neither tax delinquent nor Directors Gehlmann, Wackers, when directed by the Director of in violation of the Building and Directors West, Ebersole, McNama- Community Development and when Housing Code; now, therefore, ra, and Donald. certain specified conditions have Be it resolved by the Board of Nays: None. been met, to sell Land Reutilization Control of the City of Cleveland that Absent: Mayor Jackson. Program parcels; and under Section 183.021 of the Codified 998 June 12, 2019 The City Record 7

Ordinances of Cleveland, Ohio, 1976, Directors Gehlmann, Wackers, when directed by the Director of the Commissioner of Purchases and Directors West, Ebersole, McNama- Community Development, to sell Supplies is authorized, when direct- ra, and Donald. Land Reutilization Program parcels ed by the Director of Community Nays: None. when certain specified conditions Development, and the Mayor is Absent: Mayor Jackson. have been met; and requested to execute an Official Whereas, Marshall Dos-Reis has Deed for and on behalf of the City Resolution No. 261-19. proposed to the City to purchase the of Cleveland with Constance M. By Director Menesse. parcel for yard expansion; and Mason for the sale of Permanent Whereas, under Ordinance No. Whereas, the following conditions Parcel No. 128-09-030, according to 2076-76 passed October 25, 1976, the exist: the Land Reutilization Program in City is conducting a Land Reuti- 1. The member of Council from such manner as best carries out the lization Program (“Program”) Ward 7 has approved the proposed intent of the program. according to the provisions of Chap- sale or has not disapproved or Be it further resolved that the con- ter 5722 of the Ohio Revised Code; requested a hold of the proposed sideration for the sale of the parcel and sale within 45 days of notification shall be $200.00, which amount is Whereas, under the Program, the of it; 2. The proposed purchaser of the determined to be not less than the City has acquired Permanent Parcel parcel is neither tax delinquent nor fair market value of the parcel for No. 129-24-034 located at 3054 East 126th Street; and in violation of the Building and uses according to the Program. Whereas, Section 183.021 of the Housing Code; now, therefore, Yeas: Directors Langhenry, Codified Ordinances of Cleveland, Be it resolved by the Board of Dumas, Davis, Acting Director Bah- Ohio, 1976 authorizes the Commis- Control of the City of Cleveland that hur, Directors Cox, Gordon, Acting sioner of Purchases and Supplies, under Section 183.021 of the Codified Directors Gehlmann, Wackers, when directed by the Director of Ordinances of Cleveland, Ohio, 1976, Directors West, Ebersole, McNama- Community Development and when the Commissioner of Purchases and ra, and Donald. certain specified conditions have Supplies is authorized, when direct- Nays: None. been met, to sell Land Reutilization ed by the Director of Community Absent: Mayor Jackson. Program parcels; and Development, and the Mayor is Whereas, Marlon Graves has pro- requested to execute an Official Resolution No. 260-19. posed to the City to purchase and Deed for and on behalf of the City By Director Menesse. develop the parcel for yard expan- of Cleveland with Marshall Dos-Reis Whereas, under Ordinance No. sion; and for the sale of Permanent Parcel No. 104-17-001, according to the Land 2076-76 passed October 25, 1976, the Whereas, the following conditions Reutilization Program in such man- exist: City is conducting a Land Reuti- ner as best carries out the intent of 1. The member of Council from lization Program (“Program”) the program. Ward 4 has either approved the pro- according to the provisions of Chap- Be it further resolved that the con- ter 5722 of the Ohio Revised Code; posed sale or has not disapproved or sideration for the sale of the parcel and requested a hold of the proposed shall be $200.00, which amount is Whereas, under the Program, the sale within 45 days of notification determined to be not less than the City has acquired Permanent Parcel of it; fair market value of the parcel for No. 108-29-073 located on Helena 2. The proposed purchaser of the uses according to the Program. Avenue; and parcel is neither tax delinquent nor Yeas: Directors Langhenry, in violation of the Building and Whereas, Section 183.021 of the Dumas, Davis, Acting Director Bah- Housing Code; now, therefore, Codified Ordinances of Cleveland, hur, Directors Cox, Gordon, Acting Be it resolved by the Board of Ohio, 1976, authorizes the Commis- Directors Gehlmann, Wackers, Control of the City of Cleveland that Directors West, Ebersole, McNama- sioner of Purchases and Supplies, under Section 183.021 of the Codified when directed by the Director of ra, and Donald. Ordinances of Cleveland, Ohio, 1976, Nays: None. Community Development, to sell the Commissioner of Purchases and Absent: Mayor Jackson. Land Reutilization Program parcels Supplies is authorized, when direct- when certain specified conditions ed by the Director of Community Resolution No. 263-19. have been met; and Development, and the Mayor is By Director West. Whereas, Cornelius Ray Love has requested, to execute an Official Be it resolved by the Board of proposed to the City to purchase the Deed for and on behalf of the City Control of the City of Cleveland that parcel for yard expansion; and of Cleveland, with Marlon Graves under the authority of Ordinance No. Whereas, the following conditions for the sale and development of Per- 1261-18, passed by the Cleveland exist: manent Parcel No. 129-24-034 located City Council October 29, 2018, as 1. The member of Council from at 3054 East 126th Street, according amended by Ordinance No. 247-2019, Ward 9 has approved the proposed to the Land Reutilization Program passed on March 4, 2019, OPENon- sale or has not disapproved or in such manner as best carries out line, LLC is selected by the Director requested a hold of the proposed the intent of the program. of Human Resources as the firm to sale within 45 days of notification Be it further resolved that the con- be employed by contract to supple- ment the regularly employed staff of it; sideration for the sale of the parcel shall be $200.00, which amount is of the City to perform the profes- 2. The proposed purchaser of the sional services necessary to admin- parcel is neither tax delinquent nor determined to be not less than the fair market value of the parcel for ister pre-employment background in violation of the Building and and criminal records checks, for a Housing Code; now, therefore, uses according to the Program. Yeas: Directors Langhenry, period of one year with one one-year Be it resolved by the Board of option to renew, exercisable by the Dumas, Davis, Acting Director Bah- Control of the City of Cleveland that Director of Human Resources. hur, Directors Cox, Gordon, Acting under Section 183.021 of the Codified Be it further resolved that the Directors Gehlmann, Wackers, Ordinances of Cleveland, Ohio, 1976, Director of Human Resources is Directors West, Ebersole, McNama- the Commissioner of Purchases and authorized to enter into contract ra, and Donald. Supplies is authorized, when direct- with OPENonline, LLC based on its Nays: None. proposal dated March 15, 2019, which ed by the Director of Community Absent: Mayor Jackson. Development, and the Mayor is contract shall be prepared by the Director of Law, shall provide for requested to execute an Official Resolution No. 262-19. Deed for and on behalf of the City the furnishing of professional ser- By Director Menesse. vices as described in the proposal, of Cleveland with Cornelius Ray Whereas, under Ordinance No. Love for the sale of Permanent Par- for fees as set forth in the proposal 2076-76 passed October 25, 1976, the and presently estimated to amount cel No. 108-29-073, according to the City is conducting a Land Reuti- to $75,000.00 per year, and shall con- Land Reutilization Program in such lization Program (“Program”) tain such additional provisions as manner as best carries out the according to the provisions of Chap- the Director of Law deems neces- intent of the program. ter 5722 of the Ohio Revised Code; sary to protect and benefit the pub- Be it further resolved that the con- and lic interest. sideration for the sale of the parcel Whereas, under the Program, the Yeas: Directors Langhenry, shall be $200.00, which amount is City has acquired Permanent Parcel Dumas, Davis, Acting Director Bah- determined to be not less than the No. 104-17-001 located at 5910 Dibble hur, Directors Cox, Gordon, Acting fair market value of the parcel for Avenue; and Directors Gehlmann, Wackers, uses according to the Program. Whereas, Section 183.021 of the Directors West, Ebersole, McNama- Yeas: Directors Langhenry, Codified Ordinances of Cleveland, ra, and Donald. Dumas, Davis, Acting Director Bah- Ohio, 1976, authorizes the Commis- Nays: None. hur, Directors Cox, Gordon, Acting sioner of Purchases and Supplies, Absent: Mayor Jackson. 999 8 The City Record June 12, 2019

Resolution No. 264-19. Be it resolved by the Board of and Section 329.02(d) of the Cleve- By Director Dumas. Control of the City of Cleveland that land Codified Ordinances from the Whereas, under Ordinance No. under the authority of division (e) decision of the hearing officer, 2302-03, passed by the Cleveland of Section 181.102 C.O., the compen- dated April 12, 2019, to uphold the City Council on December 15, 2003, sation to be paid for the upgrade to City of Cleveland’s Department of and Board of Control Resolutions the Workforce TeleStaff v6 software Parks, Recreation, and Properties to No. 34-05, No. 445-06 and No. 58-10, including the Enterprise, Global issue invoices regarding abating respectively adopted January 26, Access, Gateway Manager, and Gate- nuisances at the subject property. 2005, October 4, 2006 and February way Manager Interface to WFC, (Filed May 10, 2019) 17, 2010, the City, through the Direc- Contact Manager, Bidding software tor of Finance, entered into City modules, to the Kronos Private Calendar No. 19-109: 2305 West 40th Contract No. 63976 with Kronos Cloud and Interactive Voice Street (Ward 3) Incorporated (“Kronos”) for a per- Response, and the addition of the Near West Reinvestment, owner, petual license to use certain Kronos Institution Focus module and edu- proposes to erect a front porch and timekeeping system software, to cational training, professional and open wolmanized wooden deck in a obtain the professional services technical services, to be performed B1 Two-Family Residential District. required for implementation, instal- under the agreement to be entered The owner appeals for relief from lation, support for and training in into with Kronos Incorporated is the strict application of the follow- the software, and to acquire certain fixed at an amount not to exceed ing sections of the Cleveland Codi- timekeeping equipment as necessary $161,133.18. fied Ordinances: to upgrade the Kronos timekeeping Yeas: Directors Langhenry, 1. Section 357.08(b)(1) which system, for various departments of Dumas, Davis, Acting Director Bah- states that the required rear yard the City, and First and Second Mod- hur, Directors Cox, Gordon, Acting shall not be less than 20 feet and ifications thereto; and Directors Gehlmann, Wackers, the appellant is proposing 5 feet. Whereas, under the authority of Directors West, Ebersole, McNama- 2. Section 357.09(b)(2)(B) which Ordinance No. 268-12, passed April 2, ra, and Donald. states that the interior side yards 2012, the Director of Finance entered Nays: None. shall not be less than 10 feet and Absent: Mayor Jackson. into a Third Modification to City the appellant is proposing 8 feet and Contract No. 63976 with Kronos 1 inch. Incorporated to obtain various addi- 3. Section 357.13(b)(4) which JEFFREY B. MARKS, tional software and services for the states that open front porches shall Secretary upgrade and expansion of the Kro- not be less than 10 feet from prop- nos Workforce Solution tool includ- erty line and the appellant is ing, but not limited to, the CIVIL SERVICE NOTICES proposing zero feet. (Filed May 22, Workforce TeleStaff software pro- 2019) viding scheduling and timekeeping ______for the Department of Public Safe- General Information Calendar No. 19-111: 2175 Columbus ty; and Road (Ward 3) Whereas, under the authority Sec- Application blanks and informa- tion, regarding minimum entrance Robert Kennedy, owner, proposes tion No. 181.102, Codified Ordinances to establish use as a fitness center of Cleveland, Ohio, 1976 (“C.O.”) and qualifications, scope of examination, and suggested reference materials in a G2 Limited Retail Business Dis- Board of Control Resolution No. 88- may be obtained at the office of the trict and an Urban Overlay District. 18, adopted March 14, 2018, the Civil Service Commission, Room 119, The owner appeals for relief from Director entered into City Contract City Hall, East 6th Street, and Lake- the strict application of the follow- No. PS2018-131 with Kronos to pro- side Avenue. ing sections of the Cleveland Codi- vide the professional services nec- fied Ordinances: essary to obtain software, Application blanks must be prop- 1. Section 358.04(d)(4)(A) which professional maintenance, technical erly filled out on the official form states that a required parking area support, and other services neces- prescribed by the Civil Service Com- equal to 2,175 square feet is required sary to implement, maintain, host, mission and filed at the office of the and 500 feet are provided. upgrade and enhance the City’s commission not later than the final 2. Section 358.04(d)(1)(A) which timekeeping software; and closing date slated in the examina- states that the maximum front yard Whereas, when a director has tion announcement. setback is 8 feet and 20 feet are pro- been authorized by ordinance to posed. acquire a software system, division EXAMINATION RESULTS: Each 3. Section 358.04(d)(3)(A) which (c) of Section 181.102 C.O. authorizes applicant whether passing or failing states that glazing is required on the director or the Director of will be notified of the results of the 75% of the frontage of building and Finance to execute one or more examination as soon as the no glazing is shown. license agreements directly with commission has graded the papers. 4. Section 343.18(d) which states software licensing firm for software Thereafter, eligible lists will be that the maximum width of a dri- needed to implement or maintain a established which will consist of the veway is 30 feet and a 44 foot dri- previously acquired software sys- names of those candidates who have veway is proposed. tem; and been successful in all parts of the 5. Section 343.18 (c) which states Whereas, the City requires an examination. that driveways in retail districts upgrade to the Workforce TeleStaff must be at least 15 feet from side v6 including the Enterprise, Global PHYSICAL EXAMINATION: All property lines. (Filed May 22, 2019) Access, Gateway Manager, and Gate- candidates for original entrance way Manager Interface to WFC, positions who are successful in Department of Contact Manager, Bidding software other parts of the examinations Public Works Invoice modules to the Kronos Private must submit to a physical examina- Calendar No. 19-121: 2245 East 80th Cloud and Interactive Voice tion. Street (Ward 6) Response, and the addition of the Carl Wallace, owner, appeals Institution Focus module, and edu- ROBERT BENNETT, under the authority of Section 76- cational training, professional and President 6(b) of the Charter of the City of technical services, for the 12-month Cleveland and Section 329.02(d) of period commencing upon execution the Cleveland Codified Ordinances of a contract; and SCHEDULE OF THE BOARD from the decision of the hearing Whereas, Kronos has proposed by OF ZONING APPEALS officer, dated May 10, 2019, to uphold its April 16, 2019 proposal to provide the City of Cleveland’s Department the aforementioned upgrade, addi- of Parks, Recreation, and Properties tional licenses, software module and MONDAY, JUNE 24, 2019 to issue invoice Number WO-7010- to perform the training, profession- 453076 regarding abating nuisances al and technical services for addi- 9:30 A.M. at the subject property. (Filed May tional compensation of $161,133.18; 30, 2019) and Department of Whereas, under the authority of Public Works Invoice REHEARING Section 181.102 C.O., the City intends Calendar No. 19-103: 10517 Elk Department of to enter into an agreement with Avenue (PPN 10813100) (Ward Public Works Invoice Kronos to obtain upgrade, addition- 10) Calendar No. 19-070: 0000 Seymour al licenses, software module and to Kay Smith, owner, appeals under Avenue (PPN 007-19-042) (Ward 3) obtain the training, professional and the authority of Section 76-6(b) of Carmen Davilla, owner, appeals technical services; now, therefore, the Charter of the City of Cleveland under the authority of Section 76- 1000 June 12, 2019 The City Record 9

6(b) of the Charter of the City of Control to issue a Notice of Viola- the owner of the abated property at Cleveland and Section 329.02(d) of tion which states that the home- a rate of seven cents per square the Cleveland Codified Ordinances owner has failed to comply with foot. (Filed April 12, 2019 - No Tes- from the decision of the hearing section 541.1(a)(8) Cleveland Codi- timony) officer, on March 13, 2019, to uphold fied Ordinance Section regarding First postponement made at the the City of Cleveland’s Department illicit discharge at 3381 Rocky River request of the appellant due to a of Parks, Recreation, and Properties Drive. (Filed March 27, 2019 - No scheduling conflict. to issue invoices regarding abating Testimony) nuisances at the subject property. Second postponement made at the (Filed April 15, 2019 - Testimony request of the appellant due to a REPORT OF THE BOARD taken). scheduling conflict. First postpone- OF ZONING APPEALS This case was denied on May 13, ment made at the request of the 2019(due to a failed motion) but was Councilman to allow for time for not ratified as new information has further review. MONDAY, JUNE 10, 2018 been submitted. POSTPONED FROM JUNE 10, 2019 At the meeting of the Board of POSTPONED FROM MAY 13, 2019 Zoning Appeals on Monday, June 10, Illicit Discharge/Water Pollution 2018 the following appeals were scheduled for hearing before the Calendar No. 19-72: 961 Addison Control Violation Notice Board. Road (Ward 10) Calendar No. 19-098: 3365 Rocky City of Cleveland, owner, propos- River Drive (Ward 17) The following appeals were es to consolidate 4 parcels and build Laura and Wilbur Janosko, own- ers, appeal under the authority of APPROVED: a parking lot in a B3 Semi-Industri- Section 76-6(b) of the Charter of the al District. The owner appeals for City of Cleveland and Section Calendar No. 19-67: 8217 Korman relief from the strict application of 329.02(d) of the Cleveland Codified Avenue the following sections of the Cleve- Ordinances from the decision of the Darcia Lumpkin, owner, proposes land Codified Ordinances: Commissioner of the City of Cleve- to establish use as a Type A day- 1. Section 349.07 which states that land’s Division of Water Pollution care in a B1 Two-Family Residen- accessory off-street parking spaces Control to issue a Notice of Viola- tial District. shall be provided with wheel or tion which states that the home- bumper guards. The driveway used owner has failed to comply with Calendar No. 19-96: 17906 Canterbury to provide accessibility to accessory section 541.11(a)(8) Cleveland Codi- Road parking spaces shall be arranged to fied Ordinance Section regarding James P. Muhic, owner, proposes minimize traffic congestion. illicit discharge at 3365 Rocky River to erect a 1,080 square foot addition 2. Section 352.10 which states that Drive. (Filed May 7, 2019 - No Tes- to existing single family residence a 6 foot wide landscaped frontage timony) located on a 9,000 square foot lot in strip is required. First postponement made at the an A1 One-Family Residential Dis- 3. Section 358.05 which states that request of the appellant due to a trict. fences in the actual front yard and scheduling conflict. in side street yard shall not exceed Calendar No. 19-97: 805 Brayton four (4) feet in height and shall be POSTPONED FROM MAY 20, 2019 Avenue at least 50% open and proposed IRA Plan Partners, owner, pro- fence is 6 feet tall. (Filed April 16, Division of Park Maintenance poses to erect a two story frame sin- and Properties 2019 - No Testimony) gle family residence with a 20' x Calendar No. 19-68: 10409 Meech First postponement made at the 20' detached garage in a B1 Two- Avenue (Ward 2) request of the City for further Family Residential District. Number Two Grace LLC., owner, review. appeals under the authority of Sec- Calendar No. 19-99: 6214 Lausche tion 76-6(b) of the Charter of the POSTPONED FROM MAY 13, 2019 Avenue City of Cleveland and Section St. Martin de Porres High School, 329.02(d) of the Cleveland Codified owner, proposes to build a parking Calendar No. 19-75: 3977 Wendy Drive Ordinances from the decision of lot in a B1 Two-Family Residential (Ward 1) Natasha Bruister, Project Coordina- District. Quemonte Leonard, owner, propos- tor, for the Division of Park Main- es to establish use as a Type A day- tenance and Properties on March 13, Calendar No. 19-102: 1400 Brookpark care in an A1 One-Family 2019 regarding Invoice WO-7010- Road Residential District. The owner 465123. The invoice was issued in appeals for relief from the strict accordance with chapter 209 of the Blue Stone 1400 LLC., owner, pro- poses to change use of machine shop application of Section Cleveland Codified Ordinance which to an auto dealership and repair 337.02(g)(3)(c) which states that authorizes the Department of Parks shop in a B3 General Industry Dis- childcare use in a One or Two Fam- Maintenance and Properties to abate trict. ily Residential District is permitted nuisances on any property and bill if located not less than 30 feet from the owner of the abated property at The following appeals were any adjoining premises in a resi- a rate of seven cents per square DENIED: dential district and subject to the foot. (Filed April 12, 2019 - No Tes- timony) review and approval of the Board of None. Zoning Appeals. (Filed April 23, First postponement made at the 2019 - Testimony taken) request of the appellant due to a scheduling conflict. The following appeals were First postponement made at the WITHDRAWN: request of the Board to allow time Division of Park Maintenance for the appellant to bring an autho- and Properties None rization letter from the owner and Calendar No. 19-69: 10409 Meech to talk to Councilman as well as Avenue (Ward 2) The following appeal was DIS- neighbors. Number Two Grace LLC., owner, MISSED: appeals under the authority of Sec- POSTPONED FROM JUNE 10, 2019 tion 76-6(b) of the Charter of the Waste Collection Ticket City of Cleveland and Section Calendar No. 19-104: 11127 Mt. Illicit Discharge/Water Pollution 329.02(d) of the Cleveland Codified Carmel Road Control Violation Notice Ordinances from the decision of Greeners Inc., appeals under the Calendar No. 19-055: 3381 Rocky River Natasha Bruister, Project Coordina- authority of Section 76-6 of the Char- Drive (Ward 17) tor, for the Division of Park Main- ter of the City of Cleveland and Sec- Koussa Properties, LTD., owners, tenance and Properties on March 13, tion 329.02(d) of the Cleveland appeal under the authority of Sec- 2019 regarding Invoice WO-7010- Codified Ordinances and disputes tion 76-6(b) of the Charter of the 546250. The invoice was issued in the decision of the hearing examin- City of Cleveland and Section accordance with chapter 209 of the er in Parking Violations Bureau on 329.02(d) of the Cleveland Codified Cleveland Codified Ordinance which May 1, 2019 concerning the City of Ordinances from the decision of the authorizes the Department of Parks Cleveland Waste Collection issuance Commissioner of the City of Cleve- Maintenance and Properties to abate of Civil Infraction Ticket Number land’s Division of Water Pollution nuisances on any property and bill WC40082273. 1001 10 The City Record June 12, 2019

The following cases were POST- PUBLIC NOTICE CITY HALL, 601 LAKESIDE PONED: AVENUE, ROOM 128, CLEVE- LAND, OHIO 44114 BEFORE 12 Calendar No. 19-47: Petru Stinea O’CLOCK NOON (EASTERN NONE 6007 Ellen Avenue. Postponed to TIME). August 12, 2019. NOTICE OF PUBLIC HEARING File No. 75-19 — Purchase of New and Calendar No. 19-55: Koussa Proper- Rebuilt Motors and Related Repairs, ties, LTD for the Division of Property 3381 Rocky River Drive. Post- Management, Department of Public NONE poned to June 24, 2019. Works, as authorized by Section 181.101 of the Codified Ordinances of Calendar No. 19-71: BZSAM 111 LLC Cleveland, Ohio, 1976. 2905 Franklin Boulevard. Post- THERE WILL BE A NON- poned to July 15, 2019. CITY of CLEVELAND BIDS MANDATORY PRE-BID MEETING, Calendar No. 19-98: Laura and Wibur WEDNESDAY, JUNE 19, 2019 AT Janosko 2:00 P.M. DIVISION OF MOTOR 3365 Rocky River Drive. Post- For All Departments VEHICLE MAINTENANCE, 4150 poned to June 24, 2019. EAST 49TH STREET BUILDING 1, Sealed bids will be received at the CLEVELAND, OHIO 44105, The following cases were heard office of the Commissioner of Pur- BASEMENT MEETING ROOM. by the Board of Zoning Appeals on chases and Supplies, Room 128, City NOTE: BID MUST BE DELIVERED Monday, June 3, 2019 and the deci- Hall, in accordance with the append- AT THE OFFICE OF THE COM- sions were adopted and approved on ed schedule, and will be opened and MISSIONER OF PURCHASES Monday, June 10, 2019: read in Room 128, City Hall, imme- AND SUPPLIES, CLEVELAND diately thereafter. CITY HALL, 601 LAKESIDE The following appeals were Each bid must be made in accor- AVENUE, ROOM 128, CLEVE- APPROVED: dance with the specifications and LAND, OHIO 44114 BEFORE 12 must be submitted on the blanks O’CLOCK NOON (EASTERN Calendar No. 19-78: 1814 Brainard TIME). Avenue supplied for the purpose, all of B.R. Knez, owner, proposes to which may be obtained at the office erect a two story frame single fam- of the said Commissioner of Pur- June 5, 2019 and June 12, 2019 ily residence with a 20' by 20' chases and Supplies, but no bid will detached garage. be considered unless delivered to FRIDAY, JUNE 28, 2019 the office of the said commissioner Calendar No. 19-79: 1830 Brainard previous to 12:00 noon (Eastern File No. 73-19 — Criminal and Civil Avenue Standard Time) on the date speci- Filing Supplies, for the Cleveland B.R. Knez, owner, proposes to fied in the schedule. Municipal Clerk of Courts, erect a two story frame single fam- 187.10 Negotiated contracts; Notice Department of Finance, as ily residence with a 20' by 20' required in Advertisement for Bids. authorized by Section 181.101 of the detached garage. Where invitations for bids are Codified Ordinances of Cleveland, advertised, the following notice Ohio, 1976. Calendar No. 19-84: 12027 Wade Park shall be included in the advertise- THERE WILL BE A NON- Avenue ment: “Pursuant to the MBE/FBE MANDATORY PRE-BID MEETING, B.R. Knez, owner, proposes to Code, each prime bidder, each minor- THURSDAY, JUNE 13, 2019 AT 10:30 erect a two story frame single fam- ity business enterprise (“MBE”) and A.M. JUSTICE CENTER, 1200 ily residence with a 20' by 20' detached garage. each female business enterprise ONTARIO STREET, CLEVELAND, (“FBE”) must be certified before OHIO 44113, LEVEL 2. Calendar No. 19-85: 112101 Wade doing business with the City. There- NOTE: BID MUST BE DELIVERED Park Avenue fore, any prime contractor wishing AT THE OFFICE OF THE COM- B.R. Knez, owner, proposes to to receive credit for using an MBE MISSIONER OF PURCHASES erect a two story frame single fam- or FBE should ensure that applica- AND SUPPLIES, CLEVELAND ily residence with a 20' by 20' tions for certification as to MBE or CITY HALL, 601 LAKESIDE detached garage. FBE status compliance with the AVENUE, ROOM 128, CLEVE- Code, affirmative action in employ- LAND, OHIO 44114 BEFORE 12 Calendar No. 19-94: 5010 Lorain ment and, if applicable, joint ven- O’CLOCK NOON (EASTERN Avenue ture status, are submitted to the TIME). MUNU Properties, owner, proposes of fice of Equal Opportunity (“OEO”) to renovate and use as a restaurant prior to the date of bid opening or June 5, 2019 and June 12, 2019 and 2 apartments in a G2 Limited submission of proposals or as speci - Retail Business District and an fied by the Director. Failure to com- WEDNESDAY, JULY 10, 2019 Urban Form Overlay District. ply with the business enterprise code or with representations made Calendar No. 19-100: 1850 East 85th File No. 76-19 — 2019 Hazardous Tree on these forms may result in can- Street Maintenance, for the Division of Hough at Home owner, proposes cellation of the contract or other Park Maintenance, Department of to erect a two story frame single civil or criminal penalties.” Public Works, as authorized by family residence with attached Ordinance No. 1223-18, passed by the THURSDAY, JUNE 27, 2019 garage in a Multi-Family Residen- Council of the City of Cleveland, tial District. December 3, 2018. File No. 74-19 — HVAC/R Supplies, THERE WILL BE A NON-MANDA- Calendar No. 19-101: 1856 East 85th Items, Materials and Parts, for the TORY PRE-BID MEETING, Street Division of Property Management, THURSDAY, JUNE 20, 2019 AT Hough at Home owner, proposes Department of Public Works, as 10:00 A.M. ROCKEFELLER to erect a two story frame single authorized by Section 181.101 of the GREENHOUSE, 750 EAST 88TH family residence with attached Codified Ordinances of Cleveland, STREET, CLEVELAND, OHIO garage in a Multi-Family Residen- Ohio, 1976. 44108. tial District. THERE WILL BE A NON- NOTE: BID MUST BE DELIVERED MANDATORY PRE-BID MEETING, AT THE OFFICE OF THE COM- Secretary WEDNESDAY, JUNE 19, 2019 AT MISSIONER OF PURCHASES 2:30 P.M. DIVISION OF MOTOR AND SUPPLIES, CLEVELAND VEHICLE MAINTENANCE, 4150 REPORT OF THE BOARD CITY HALL, 601 LAKESIDE EAST 49TH STREET BUILDING 1, AVENUE, ROOM 128, CLEVE- OF BUILDING STANDARDS CLEVELAND, OHIO 44105, LAND, OHIO 44114 BEFORE 12 AND BUILDING APPEALS BASEMENT MEETING ROOM. O’CLOCK NOON (EASTERN NOTE: BID MUST BE DELIVERED TIME). AT THE OFFICE OF THE COM- MISSIONER OF PURCHASES NO MEETING AND SUPPLIES, CLEVELAND June 12, 2019 and June 19, 2019 1002 June 12, 2019 The City Record 11

ADOPTED RESOLUTIONS and a chord bearing S 34° 03' 56" E Barber Court S.W. AND ORDINANCES for a chord distance of 47.34 feet to Situated in the City of Cleveland, a drill hole set; County of Cuyahoga and State of 9. Thence S 30° 21' 53" W for a Ohio and known as being a portion Res. No. 407-2019. distance of 49.16 feet to a drill hole of Barber Court S.W. (14.00 feet By Council Members McCormack, set; wide) in the H. Stone’s Addition Johnson and Brancatelli (by depart- 10. Thence parallel to and 17.00 Subdivision of part of Original mental request). feet west of the centerline of said Brooklyn Township Tract No’s 53 An emergency resolution declar- Gehring Avenue S 0° 37' 09" E for and 68, as shown by the recorded ing the intent to vacate a portion of a distance of 278.85 feet to a drill plat in Volume 1 of Maps, Page 41 Gehring Avenue. hole set; of Cuyahoga County Records, fur- Whereas, this Council is satisfied 11. Thence N 89° 22' 51" E for a ther described as follows: that there is good cause to vacate a distance of 50.00 feet to a drill hole Being all that portion of Barber portion of Gehring Avenue, as found on the existing east right of Court S.W (14.00 feet wide) extend- described; and way line of said Gehring Avenue at ing from the East line of West 30th Whereas, this resolution consti- the northwest corner of a parcel con- Street (50.00 feet wide) easterly to tutes an emergency measure provid- veyed to House its intersection with the Northerly ing for the usual daily operation of Tenants Association as recorded in prolongation of the West line of a municipal department; now, there- Volume 14639, Page 801 and the land conveyed to Urbano Perez and fore, southwest corner of a parcel con- Julia Perez by deed in A.F.N. Be it resolved by the Council of veyed to Gehring Property Compa- 200202260077 of Cuyahoga County the City of Cleveland: ny, LLC as recorded in AFN Records. Section 1. That this Council 201704070331; Legal Description approved by declares its intent to vacate a por- 12. Thence along the existing east Greg Esber, Section Chief, Plats, tion of the right of way line of Gehring Surveys and House Numbering Sec- following described real property: Avenue, S 0° 37' 09" E for a dis- tion. tance of 259.51 feet to a point in the Section 2. That this resolution is A portion of Gehring Avenue centerline of said vacated Eureka declared to be an emergency mea- Situated in the City of Cleveland, Court; sure and, provided it receives the County of Cuyahoga, State of Ohio, 13. Thence on the centerline of affirmative vote of two-thirds of all and being part of original Brooklyn vacated Eureka Court, S 89° 22' 51" the members elected to Council, it Township Lot Number 69, being part W for a distance of 33.00 feet to the shall take effect and be in force of Gehring Avenue (66 feet wide), Point of Beginning, containing immediately upon its adoption and originally dedicated as Brainard 0.5864 acres (25,543 sq.ft.) of land, approval by the Mayor; otherwise it Street as part of Willeyville Allot- more or less, and subject to all ease- shall take effect and be in force ment as recorded in Plat Book 2, ments, restrictions and covenants of from and after the earliest period Page 16, being further bounded and record. The above description pre- allowed by law. described as follows: pared by Steven L. Mullaney, P.S. Adopted June 3, 2019. Beginning at a stone with a drill 7900 of Glaus, Pyle, Schomer, Burns Effective June 5, 2019. hole found on the centerline of said & DeHaven, Inc., dba GPD Group, Gehring Avenue and the centerline and based on a field survey made in of vacated Eureka Court (16.5 feet January of 2019. wide, Vacation Ordinances 640-99 All bearings referred to herein, Res. No. 477-2019. and 72358) said stone being the are relative to grid north of the Ohio By Council Members Santana, POINT OF BEGINNING of the par- State Plane Coordinate System, Johnson and Brancatelli (by depart- cel of land hereinafter described: North Zone, NAD83 (2011), as deter- mental request). 1. Thence S 58° 16' 39" W for a mined from GNSS measurements tied An emergency resolution declar- distance of 47.89 feet to a rebar set; to the Ohio Department of Trans- ing the intent to vacate a portion of 2. Thence N 31° 43' 21" W for a portation’s VRS system. the 1st Un-named Alley North of Legal Description approved by distance of 47.95 feet to a point on Trent Avenue and East of West 40th Greg Esber, Section Chief, Plats, the existing east right of way line Street. Surveys and House Numbering Sec- Whereas, this Council is satisfied of West 25th Street (82 1/2" wide) tion. that there is good cause to vacate a at the southwest corner of a parcel Section 2. That this resolution is portion of the 1st Un-named Alley conveyed to Ohio City Legacy LLC declared to be an emergency mea- North of Trent Avenue and East of as recorded in AFN 201901150661, as sure and, provided it receives the West 40th Street, as described; and shown on Assembly Plat recorded in affirmative vote of two-thirds of all Whereas, this resolution consti- Plat Book 243, Page 85; the members elected to Council, it tutes an emergency measure provid- 3. Thence on the south line of said shall take effect and be in force ing for the usual daily operation of Ohio City Legacy LLC and the north immediately upon its adoption and a municipal department; now, there- right of way line, N 58° 04' 00" E approval by the Mayor; otherwise it fore, for a distance of 38.36 feet to a point shall take effect and be in force Be it resolved by the Council of at the southeast corner of said Ohio from and after the earliest period the City of Cleveland: City Legacy LLC and the west right allowed by law. Section 1. That this Council of way line of said Gehring Avenue; Adopted June 3, 2019. declares its intent to vacate a por- 4. Thence on the east line of said Effective June 5, 2019. tion of the following described real Ohio Legacy LLC and west right of property: way line of Gehring Avenue N 0° Situated in the City of Cleveland, 37' 09" W for a distance of 557.08 County of Cuyahoga, and State of feet to a point; Res. No. 463-2019. Ohio and known as being all that 5. Thence on the east line of said By Council Members McCormack, portion of the 1st Un-named Alley Ohio Legacy LLC and west right of Johnson and Brancatelli (by depart- (12.00 feet wide) North of Trent way line of Gehring Avenue north- mental request). Avenue (50.00 feet wide)(formerly westerly on a curve to the left, hav- An emergency resolution declar- East Trent Street) and East of West ing an arc distance of 31.62 feet, ing the intent to vacate a portion of 40th Street (50.00 feet wide)(for- having a central angle of 120° 47' Barber Court S.W. merly Keil Street) extending from 54", a radius of 15.00 feet, and a Whereas, this Council is satisfied the Easterly line of said West 40th chord bearing N 61° 01' 06" W for that there is good cause to vacate a Street, Easterly approximately 120 a chord distance of 26.08 feet to a portion of Barber Court S.W., as feet to its terminus as shown in the point on the south right of way line described; and Rhodes, Hartnell, Barber & Selden of Lorain Avenue (102 feet wide); Whereas, this resolution consti- Re-Subdivision, recorded in Volume 6. Thence N 58° 34' 57" E for a tutes an emergency measure provid- 27, Page 8 of the Cuyahoga County distance of 40.34 feet to a drill hole ing for the usual daily operation of Map Records. set; a municipal department; now, there- Legal Description approved by 7. Thence S 25° 55' 03" E for a fore, Greg Esber, Section Chief, Plats, distance of 7.60 feet to a drill hole Be it resolved by the Council of Surveys and House Numbering Sec- set; the City of Cleveland: tion. 8. Thence southeasterly on a curve Section 1. That this Council Section 2. That this resolution is to the left, having an arc distance declares its intent to vacate a por- declared to be an emergency mea- of 47.49 feet, having a central angle tion of the following described real sure and, provided it receives the of 16° 08' 23", a radius of 168.61 feet, property: affirmative vote of two-thirds of all 1003 12 The City Record June 12, 2019 the members elected to Council, it a municipal department; now, there- protection rules that helped clean shall take effect and be in force fore, our lakes, rivers, streams, and wet- immediately upon its adoption and Be it resolved by the Council of lands; and approval by the Mayor; otherwise it the City of Cleveland: Whereas, as we celebrate how shall take effect and be in force Section 1. That the Council, under much water quality has improved from and after the earliest period the provisions of Chapter 5705 of the over the last 50 years, the Clean allowed by law. Revised Code, after public hearings Water Act protections for streams Adopted June 3, 2019. as required by law, does adopt the and wetlands are being eliminated Effective June 5, 2019. statements of the year 2020 require- by the federal administration, ignor- ments for the several funds of the ing the critical benefits provided by City of Cleveland as being the bud- these water bodies; and get required by state law to be sub- Whereas, by eliminating protec- Res. No. 478-2019. mitted to the County Budget tions for these small and seasonal By Council Members McCormack, Commission, which requirements are streams and wetlands, Lake Erie Johnson and Brancatelli (by depart- contained in File No. 663-2019-A. will likely experience more nutrient mental request). Section 2. That the Clerk of Coun- pollution leading to potentially larg- An emergency resolution declar- cil is directed to certify a copy of er and more toxic algal blooms; and ing the intent to vacate a portion of the resolution to the County Auditor Whereas, agricultural pollution is West 4th Street and Mahoning of Cuyahoga County. largely unregulated and yet is the Avenue. Section 3. That this resolution is largest source of nutrient pollution Whereas, this Council is satisfied declared to be an emergency mea- to Lake Erie, a source of drinking that there is good cause to vacate a sure and, provided it receives the water for approximately 3 million portion of West 4th Street and affirmative vote of two-thirds of all Ohioans; and Mahoning Avenue, as described; and the members elected to Council, it Whereas, this Council established Whereas, this resolution consti- shall take effect and be in force the Lake Erie Water Quality Sub- tutes an emergency measure provid- immediately upon its adoption and committee to study the effects of ing for the usual daily operation of approval by the Mayor; otherwise it algae blooms on our water supply; a municipal department; now, there- shall take effect and be in force Cleveland Water and Water Pollu- fore, from and after the earliest period tion Control have served as leading Be it resolved by the Council of allowed by law. water utilities, working to make sig- the City of Cleveland: Adopted June 3, 2019. nificant water infrastructure Section 1. That this Council Effective June 5, 2019. upgrades that address algae blooms declares its intent to vacate a por- and other threats to clean water; tion of the following described real and property: Whereas, there is still an approx- Situated in the City of Cleveland, Res. No. 682-2019. imately $27 billion need in Ohio over County of Cuyahoga and State of By Council Members Kelley, Zone, the next 20 years in water infra- Ohio and known as being part of and Brancatelli. structure upgrades; and Original Brooklyn Township Lot No. An emergency resolution recog- Whereas, clean water is not only 87, further described as follows: nizing Cuyahoga50, a community- our greatest natural resource, it also wide celebration of 50 years of drives our economy – 1.5 million West 4th Street progress since the last Cuyahoga jobs in the Great Lakes region rely Being all that portion of West 4th River fire, and the need for contin- on our freshwater resource; and Street (50.00 feet wide) extending ued vigilance and partnership with Whereas, the Great Lakes from the Northerly line of Mahoning regional, state, and federal entities Restoration Initiative is critical to Avenue S.E. (50.00 feet wide) to the to ensure every Clevelander has the health of the Northerly line of Cuyahoga Avenue access to clean water. and Lake Erie, with more than $13 S.E. (60.00 feet wide). Whereas, The City of Cleveland million already invested to fund honors those individuals in Cleve- over 40 projects to remediate and Mahoning Avenue land and beyond that, over the last restore the Cuyahoga River; and Being all that portion of Mahon- 50 years, are responsible for the Whereas, in 1969, the Cuyahoga ing Avenue S.E. (50.00 feet wide) recovery and re-naturalization of the River served to divide the east and extending from the Westerly line of Cuyahoga River, while also creating west sides of the city more than West 3rd Street (70.00 feet wide) a model for how recreation and unite them; now, a healthy Cuya- westerly to that portion of Mahon- industry can co-exist; and hoga can help bridge the two, help- ing Avenue S.E. vacated by City of Whereas, from Wednesday, June ing to extinguish racial barriers and Cleveland Ordinance 2225-41 passed 19th through Sunday, June 23rd, the serve as a community meeting February 9, 1942. City of Cleveland celebrates 50 place; and Legal Description approved by years of progress on the Cuyahoga Whereas, the City of Cleveland is Greg Esber, Section Chief, Plats, River with 25 events over 5 days, committed to addressing clean Surveys and House Numbering Sec- making Cuyahoga50 the largest water issues related to affordabili- tion. series of clean water events in the ty, access, education, and resiliency; Section 2. That this resolution is country; and and declared to be an emergency mea- Whereas, the Cuyahoga River is Whereas, the City of Cleveland sure and, provided it receives the an important resource in northeast will continue to implement the affirmative vote of two-thirds of all Ohio, providing jobs; drinking Cleveland Climate Action Plan, the members elected to Council, it water; and fishing, boating, and including its focus on making Cleve- shall take effect and be in force swimming opportunities; and landers more resilient to the impacts immediately upon its adoption and Whereas, clean water has been a of climate change, including more approval by the Mayor; otherwise it key component of Mayor Jackson’s rain and more intense storms; and shall take effect and be in force Sustainable Cleveland 2019 initia- Whereas, the City of Cleveland is from and after the earliest period tive, a 10-year plan to advance working toward returning to its allowed by law. progress in making Cleveland a roots as the “Forest City”, in col- Adopted June 3, 2019. “green city on a blue lake”; and laboration with the Cleveland Tree Effective June 5, 2019. Whereas, the Cuyahoga River has Coalition, with the goal of a 30% come a long way from its past, tree canopy by 2040, and the ulti- marking 50 years of progress since mate goal of achieving 40%; and the river last caught on fire in on Whereas, the City of Cleveland Res. No. 663-2019. June 22, 1969; and requests all members of the Ohio By Council Member Kelley (by Whereas, the 1969 fire was just General Assembly to call for the departmental request). seen as another fire on the Cuya- reinstatement of the Clean Water An emergency resolution to adopt hoga River until Cleveland Mayor Rule to protect small, seasonal and declare a Tax Budget for the Carl Stokes sparked public outcry streams and wetlands; support City of Cleveland for the year 2020 and demand action in Cleveland and increased funding for the Great and submit it to the County Budget across the nation, spurring Congress Lakes Restoration Initiative and Commission as required by State to establish the U.S. Environmental water infrastructure; prioritize Law, Chapter 5705 of the Revised Protection Agency in 1970 and pass green infrastructure and farm bill Code. the federal Clean Water Act in 1972; funding for projects that improve Whereas, this resolution consti- and water quality; establish Ohio as a tutes an emergency measure provid- Whereas, the Clean Water Act national leader in the development ing for the usual daily operation of established critical water quality of the blue economy; and ensure our 1004 June 12, 2019 The City Record 13 most vulnerable residents have communities, building sound infra- the members elected to Council, it access to clean, affordable water; structure, and increasing economic shall take effect and be in force and development, the State of Ohio reaps immediately upon its adoption and Whereas, in 1969, the primary the benefits as well; and approval by the Mayor; otherwise, it water problem was industrial pollu- Whereas, this resolution consti- shall take effect and be in force tion, while today, the major threats tutes an emergency measure provid- from and after the earliest period to clean water are different than ing for the usual daily operation of allowed by law. those faced in 1969: climate change, a municipal department; now, there- Adopted June 3, 2019. drought, plastic pollution, invasive fore, Effective June 5, 2019. species, agricultural runoff and Whereas, this resolution consti- harmful algae blooms, among oth- tutes an emergency measure provid- ers; and ing for the immediate preservation Whereas, like in 1969, the City of of the public peace, property, health Res. No. 751-2019. Cleveland is committed to partner- or safety in that a reinvestment of By Council Member Brady. ing with regional, state, and feder- Local Government Fund would aid An emergency resolution with- al entities to address meet these the state in its goal of lowering drawing objection to the transfer of challenges; and taxes on the individual by enabling ownership of a C1, C2 and D6 Liquor Whereas, this resolution consti- municipalities to decrease the local Permit at 3778 West 117th Street and tutes an emergency measure for the tax burden; now, therefore repealing Resolution No. 1060-18 immediate preservation of public Be it resolved by the Council of objecting to said permit. peace, property, health or safety; the City of Cleveland: Whereas, this Council objected to now therefore Section 1. The Ohio General a transfer of ownership of a C1, C2 Be it resolved by the Council of Assembly should restore the Local and D6 Liquor Permit to Jaymadi, the City of Cleveland: Government Fund to pre-recession Inc., DBA Minimart, 3778 West 117th Section 1. This Council recognizes levels, ensuring that these local Street, Cleveland, Ohio 44111, Permit Cuyahoga50, a community-wide cele- communities are able to provide cru- No. 4258670 by Resolution No. 1060- bration of 50 years of progress since cial services and improvements in 18 adopted by the Council on August the last Cuyahoga River fire, and infrastructure and public safety. 15, 2018; and the need for continued vigilance and Section 2. This Council does here- Whereas, this Council wishes to partnership with regional, state, and by declare its opposition any further withdraw its objection to the above federal entities to ensure every cuts to the Local Government Fund permit and consents to said permit; or the future diversion of revenues Clevelander has access to clean and from the Local Government Fund. Whereas, this resolution consti- water. Section 3. That this resolution is tutes an emergency measure provid- Section 2. This Council directs the declared to be an emergency mea- ing for the usual daily operation of Clerk of Council to send copies of sure and, provided it receives the a municipal department; now, there- this resolution to the Ohio Environ- affirmative vote of two-thirds of all fore, mental Council, Max Schaefer, the members elected to Council, it Be it resolved by the Council of Regional Director and the Alliance shall take effect and be in force the City of Cleveland: for the Great Lakes. immediately upon its adoption and Section 1. That objection to the Section 3. That this resolution is approval by the Mayor; otherwise it transfer of ownership of a C1, C2 hereby declared to be an emergency shall take effect and be in force and D6 Liquor Permit to Jaymadi, measure and, provided it receives from and after the earliest period Inc., DBA Minimart, 3778 West 117th the affirmative vote of two-thirds of allowed by law. Street, Cleveland, Ohio 44111, Permit all the members elected to Council, Adopted June 3, 2019. No. 4258670, be and the same is here- it shall take effect and be in force Effective June 5, 2019. by withdrawn and Resolution No. immediately upon its adoption and 1060-18, containing such objection, approval by the Mayor; otherwise it be and the same is hereby repealed shall take effect and be in force and that this Council consents to the from and after the earliest period Res. No. 750-2019. immediate permit thereof. allowed by law. By Council Member Zone. Section 2. That this resolution is Adopted June 3, 2019. An emergency resolution with- hereby declared to be an emergency Effective June 5, 2019. drawing objection to the transfer of measure and provided it receives the ownership of a C1 and C2 Liquor affirmative vote of two-thirds of all Permit at 1337 West 117th Street and the members elected to Council, it repealing Resolution No. 644-2019 shall take effect and be in force Res. No. 731-2019. objecting to said permit. immediately upon its adoption and By Council Members Kelley, Grif- Whereas, this Council objected to approval by the Mayor; otherwise, it fin and J. Jones (by departmental a transfer of ownership of a C1 and shall take effect and be in force request). C2 Liquor Permit to West 117th Bev- from and after the earliest period An emergency resolution strongly erage, LLC, 1337 West 117th Street, allowed by law. urging the Ohio Governor and Mem- Cleveland, Ohio 44107, Permit No. Adopted June 3, 2019. bers of the Ohio General Assembly 9555774 by Resolution No. 644-2019 Effective June 5, 2019. to restore the Local Government adopted by the Council on May 13, Fund to pre-recession levels. 2019; and Whereas, the Local Government Whereas, this Council wishes to Fund was reduced in 2011 by 50% withdraw its objection to the above Res. No. 752-2019. during the Kasich Administration, permit and consents to said permit; By Council Member Zone. from 3.68% of General Revenue and An emergency resolution with- Funds to its current level of 1.66% Whereas, this resolution consti- drawing objection to the transfer of of General Revenue Funds; and tutes an emergency measure provid- ownership of a C1, C2 and D6 Liquor Whereas, past Ohio General ing for the usual daily operation of Permit at 7201 Lorain Avenue and Assemblies have repeatedly a municipal department; now, there- repealing Resolution No. 299-2019 decreased funding and revenue shar- fore, objecting to said permit. ing in recent years in addition to Be it resolved by the Council of Whereas, this Council objected to significantly reducing the Local the City of Cleveland: a transfer of ownership of a C1, C2 Government Fund, including elimi- Section 1. That objection to the and D6 Liquor Permit to 7205 Lorain nating the Estate Tax and phasing transfer of ownership of a C1 and Avenue, Inc., 7201 Lorain Avenue, out the Tangible Personal Property C2 Liquor Permit to West 117th Bev- Cleveland, Ohio 44102, Permit No. Tax; and erage, LLC, 1337 West 117th Street, 8003708 by Resolution No. 299-2019 Whereas, these reductions have Cleveland, Ohio 44107, Permit No. adopted by the Council on March 4, resulted in a loss of revenue of 9555774, be and the same is hereby 2019; and $163,207,902; and withdrawn and Resolution No. 644- Whereas, this Council wishes to Whereas, this sudden revenue loss 2019, containing such objection, be withdraw its objection to the above has made it increasingly difficult to and the same is hereby repealed and permit and consents to said permit; provide basic services, rebuild infra- that this Council consents to the and structure, and bolster public safety immediate permit thereof. Whereas, this resolution consti- services to fight the opioid epidem- Section 2. That this resolution is tutes an emergency measure provid- ic; and hereby declared to be an emergency ing for the usual daily operation of Whereas, when municipalities measure and provided it receives the a municipal department; now, there- experience success in fostering safe affirmative vote of two-thirds of all fore, 1005 14 The City Record June 12, 2019

Be it resolved by the Council of No. 883-18, containing such objection, immediately upon its adoption and the City of Cleveland: be and the same is hereby repealed approval by the Mayor; otherwise, it Section 1. That objection to the and that this Council consents to the shall take effect and be in force transfer of ownership of a C1, C2 immediate permit thereof. from and after the earliest period and D6 Liquor Permit to 7205 Lorain Section 2. That this resolution is allowed by law. Avenue, Inc., 7201 Lorain Avenue, hereby declared to be an emergency Adopted June 3, 2019. Cleveland, Ohio 44102, Permit No. measure and provided it receives the Effective June 5, 2019. 8003708, be and the same is hereby affirmative vote of two-thirds of all withdrawn and Resolution No. 299- the members elected to Council, it 2019, containing such objection, be shall take effect and be in force and the same is hereby repealed and immediately upon its adoption and Res. No. 755-2019. that this Council consents to the approval by the Mayor; otherwise, it By Council Member Cleveland. immediate permit thereof. shall take effect and be in force An emergency resolution with- Section 2. That this resolution is from and after the earliest period drawing objection to the transfer of hereby declared to be an emergency allowed by law. ownership of a C1 Liquor Permit at measure and provided it receives the Adopted June 3, 2019. 3137 East 65th Street, 1st floor and affirmative vote of two-thirds of all Effective June 5, 2019. basement and repealing Resolution the members elected to Council, it No. 1129-18 objecting to said permit. shall take effect and be in force Whereas, this Council objected to immediately upon its adoption and a transfer of ownership of a C1 approval by the Mayor; otherwise, it Res. No. 754-2019. Liquor Permit to Tamka Ingram, shall take effect and be in force By Council Member J. Jones. DBA 65 Beverage, 3137 East 65th from and after the earliest period An emergency resolution with- Street, 1st floor and basement, allowed by law. drawing objection to the Liquor Cleveland, Ohio 44127, Permit No. Adopted June 3, 2019. Agency Contract located at 4071 Lee 4142630 by Resolution No. 1129-18 Effective June 5, 2019. Road, Unit 290, 1st floor and repeal- adopted by the Council on Septem- ing Resolution No. 333-2019. ber 10, 2019; and Whereas, this Council objected to Whereas, this Council wishes to the Liquor Agency Contract at RPM withdraw its objection to the above Res. No. 753-2019. Spirits, Inc., DBA One Stop Liquor, permit and consents to said permit; By Council Member Kazy. 4071 Lee Road, Unit 290, 1st floor, and An emergency resolution with- Cleveland, Ohio, 44128, Permit Num- Whereas, this resolution consti- drawing objection to the transfer of ber 7569455 by Resolution No. 333- tutes an emergency measure provid- ownership of a D5 and D6 Liquor 2019 adopted by the Council on ing for the usual daily operation of Permit at 12210 Lorain Avenue and March 18, 2019; and a municipal department; now, there- repealing Resolution No. 883-18 Whereas, this Council wishes to fore, objecting to said permit. withdraw its objection to the above Be it resolved by the Council of Whereas, this Council objected to permit and consents to said permit; the City of Cleveland: a transfer of ownership of a D5 and and Section 1. That objection to the D6 Liquor Permit to Tilt, LLC, DBA Whereas, this resolution consti- transfer of ownership of a C1 Tilt Bar & Patio, 12210 Lorain tutes an emergency measure provid- Liquor Permit to Tamka Ingram, Avenue, Cleveland, Ohio 44111, Per- ing for the usual daily operation of DBA 65 Beverage, 3137 East 65th mit No. 8933851 by Resolution No. a municipal department; now, there- Street, 1st floor and basement, 883-18 adopted by the Council on fore, Cleveland, Ohio 44127, Permit No. July 18, 2018; and Be it resolved by the Council of 4142630, be and the same is hereby Whereas, this Council wishes to the City of Cleveland: withdrawn and Resolution No. 1129- withdraw its objection to the above Section 1. That objection to the 18, containing such objection, be permit and consents to said permit; Liquor Agency Contract at RPM and the same is hereby repealed and Spirits, Inc., DBA One Stop Liquor, and that this Council consents to Whereas, this resolution consti- 4071 Lee Road, Unit 290, 1st floor, the immediate permit thereof. tutes an emergency measure provid- Cleveland, Ohio, 44128, Permit Num- Section 2. That this resolution is ing for the usual daily operation of ber 7569455, be and the same is here- hereby declared to be an emergency a municipal department; now, there- by withdrawn and Resolution No. measure and provided it receives the fore, 333-2019, containing such objection, affirmative vote of two-thirds of all Be it resolved by the Council of be and the same is hereby repealed the members elected to Council, it the City of Cleveland: and that this Council consents to the shall take effect and be in force Section 1. That objection to the immediate permit thereof. immediately upon its adoption and transfer of ownership of a D5 and Section 2. That this resolution is approval by the Mayor; otherwise, it D6 Liquor Permit to Tilt, LLC, DBA hereby declared to be an emergency shall take effect and be in force Tilt Bar & Patio, 12210 Lorain measure and provided it receives the from and after the earliest period Avenue, Cleveland, Ohio 44111, Per- affirmative vote of two-thirds of all allowed by law. mit No. 8933851, be and the same is the members elected to Council, it Adopted June 3, 2019. hereby withdrawn and Resolution shall take effect and be in force Effective June 5, 2019.

Ord. No. 887-18. By Council Member Brancatelli (by departmental request). An ordinance to amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codi- fied ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. Be it ordained by the Council of the City of Cleveland: Section 1. That the following sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 325.03, as amended by Ordinance No. 1205-58, passed June 30, 1958, Section 337.23, as amended by Ordinance No. 814-10, passed October 4, 2010 Section 343.23, as amended by Ordinance No. 1648-12, passed November 27, 2012, Section 357.09, as amended by Ordinance No. 573-18, passed July 18, 2018, and Section 357.13, as amended by Ordinance No. 539-12, passed May 21, 2012 are amended to read as follows:

Section 325.03 Accessory Parking Space “Accessory parking space” means an area open or enclosed, of not less than one hundred fifty-three (153) square feet accessible from a street, exclusive of drives or access area and to be used solely for the storage or parking of motor vehicles for use by the owner, tenants, visitors, patients, clients, customers or employees of the main building, structure or land use. Off-street loading requirements shall not be considered as accessory off-street parking spaces. 1006 June 12, 2019 The City Record 15

Section 337.23 Accessory Uses in Residence Districts (a) Permitted Accessory Uses. The following accessory uses and buildings are permitted in a Residence Dis- trict. Attached and detached garages shall be regulated as described in division (a)(6) of this section. All other permitted accessory buildings shall be located on the rear half of the lot, a minimum of eighteen (18) inches from all property lines and at least ten (10) feet from any main building on an adjoining lot in a Residence Dis- trict. Accessory buildings shall not occupy more than forty percent (40%) of the area of the required rear yard and, in the case of a corner lot, shall be located back of any required setback or specific building line. For side street yard regulations consult Sections 357.05 to 357.07. (1) Within a main building, the office of a surgeon, physician, clergyman, architect, engineer, attorney or sim- ilar professional person residing in such main building and employing in the office not more than one (1) non- resident office or laboratory assistant. (2) Customary home occupation for gain carried on in the main building or in a rear building accessory there- to and requiring only customary home equipment; provided that no nonresident help is employed for that pur- pose, no trading in merchandise is carried on and no personal physical service is performed and, in a Limited One-Family District or in a One-Family District, no sign or other outward evidence of the occupation is displayed on the premises. (3) Agricultural uses, subject to the regulations of Section 337.25 and Section 347.02 regarding the keeping of farm animals. (4) Private incinerators for the burning of refuse and garbage produced on the same premises, provided that the construction is such as to assure immediate and complete combustion and freedom from offensive smoke, ash, unburned particles and odors, and a permit therefor is granted by the Commissioner of Environment. (5) Fences and walls, as regulated in Chapter 358. (6) Parking spaces for the occupants of the premises and, when the premises are used for other than residence purposes, for their employees, patrons and guests provided they are located in the rear half of the lot. A. Interior Lots. 1. Detached garages. Permitted provided they are located in the rear half of the lot. 2. Attached Garages. Permitted provided they are located in the rear half of the lot, or provided that they have their entire width and height screened from a required or actual Front Yard Setback Building Line by an Active Use of at least 9 (nine) feet in depth. B. Corner Lots. 1. Lot width: more than 40' Attached and Detached garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be set back a minimum of eighteen (18) feet from the Side Lot Line, or a mini- mum of fifty percent (50%) of the established Side Street Setback, whichever is greater. 2. Lot width: 40' or less a. Detached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a minimum of 18 (eighteen) feet from the Side Lot Line. b. Attached Garages. Permitted provided they are located in the rear half of the lot. Garage doors fronting a Side Lot Line shall be setback a maximum of twenty-four (24) feet from the Interior Side Lot Line. Any garage door fronting a side Lot Line and within eighteen (18) feet of a Side Lot Line shall be limited to a maximum of nine (9) feet in width. C. In a Dwelling House District the floor area of a private garage erected as an accessory building shall not exceed eight hundred (800) square feet unless the lot area exceeds four thousand eight hundred (4,800) square feet in which event the floor area may be increased in the ratio of one (1) square foot for each twelve (12) square feet of additional lot area. D. In Multi-Family Districts, garages and parking spaces erected or established as accessory uses shall be sub- ject to the restrictions specified in Sections 343.19 to 343.21 and Chapter 349. (7) Garage Sale or other Residential Property Sales, as defined in Section 676B.01(a), as long as they conform to the provisions in Chapter 676B. (8) Signs permitted in accordance with the requirements of Chapter 350. (9) Any other accessory use customarily incident to a use authorized in a Residence District except that no use prohibited in a Local Retail Business District shall be permitted as an accessory use. (b) Accessory Building Erected Prior to Erection of Main Building. An accessory building may be erected prior to the construction of the main building only if: (1) The accessory building is erected on the rear half of the lot; (2) The accessory building is so placed as not to prevent the practicable and conforming location of the main building; (3) The main building is completed within two (2) years from the date of issuance of the permit for the acces- sory building.

Section 343.23 Pedestrian Retail Overlay (PRO) District (a) Purpose. The Pedestrian Retail Overlay (PRO) District is established to maintain the economic viability of older neighborhood shopping districts by preserving the pedestrian-oriented character of those districts and to pro- tect public safety by minimizing conflicts between vehicles and pedestrians in neighborhood shopping districts. (b) Mapping. The PRO District is an overlay district which shall be mapped only in an area where at least seventy-five percent (75%) of the underlying zoning is either Local Retail or General Retail. In every PRO Dis- trict, any street frontage to be considered a “Pedestrian Retail Street Frontage,” as defined in this section, shall be marked on the Zoning Map, with either one (1) or both sides of a street designated as such. (c) Applicability. The PRO District regulations shall apply only in those portions of a PRO District in which the underlying zoning is either Local Retail or General Retail. In the relevant portions of a PRO District, the regulations of the underlying zoning district shall govern except where in conflict with the regulations of the PRO District, in which case the regulations of the PRO District shall govern. (d) Definitions. As used in this section, the following terms shall be defined as stated below: (1) “Pedestrian Retail Street Frontage” means that side or sides of a public street frontage where pedestrian- oriented retail shopping activity exists or is expected to exist and such street frontage is specifically designat- ed on the Zoning Map. (2) “Pedestrian Retail Space” means that portion of a building or property located at or closest to the level of the public sidewalk and within forty (40) feet of a Pedestrian Retail Street Frontage. 1007 16 The City Record June 12, 2019

(3) “Open Sales Lot” means a property or portion of a property used for the sale of merchandise stored in out- door, unenclosed locations. (4) “Institutional Use” means, for purposes of this section, a school, day care center, place of worship, place of assembly, hospital, nursing home, residential treatment facility, or similar use. (5) “Non-Retail Office” means an office use whose primary activity does not involve service to customers or clients on the premises. (e) Use Regulations. All uses permitted in the underlying retail zoning district shall be permitted in the PRO District, except that the use of Pedestrian Retail Spaces, as defined in this section, shall be further limited as follows. (1) Prohibited Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be pro- hibited: A. Open sales lots, as defined in this section; B. Filling and service stations; C. Car washes; and D. Any business served by a drive-through lane providing access to windows or other facilities at which food or merchandise can be ordered or picked up, or business can be transacted by a person in a motor vehicle. (2) Conditional Uses. For Pedestrian Retail Spaces, as defined in this section, the following uses shall be per- mitted as Conditional Uses, as approved by the City Planning Commission under the approval criteria provided in this section: A. Off-street parking or loading areas; B. Driveways extending across a public sidewalk; C. Residential, institutional and non-retail office uses, as defined herein, except that ground-floor entrances and lobbies serving such uses located on upper floors or in a basement level shall be permitted without the require- ment for conditional approval; D. Any building-enclosed use that does not have a public pedestrian entrance from the Pedestrian Retail Street Frontage; E. A building with an interior side yard more than four (4) feet in width and located within forty (40) feet of a Pedestrian Retail Frontage. (f) Criteria for Conditional Uses. The City Planning Commission shall approve a Conditional Use application if it determines that the application meets the following criteria: (1) In the case of a proposed residential, institutional or non-retail office use, one (1) or more of the follow- ing conditions apply: A. The subject building space was designed specifically for the type of use proposed and, as such, occupancy by an allowed use is an unreasonable expectation; B. Denial of the application for occupancy by a conditional use would result in a long-term vacancy of the sub- ject property, as demonstrated by the applicant; C. It has been determined that the proposed use is needed in the immediate area and that suitable alternative locations are unavailable. (2) In the case of a proposed off street parking or loading area or driveway, one (1) or both of the following conditions apply. A. The size, shape or layout of the subject property does not permit placement of the parking, loading or dri- veway in a more suitable location. B. It has been demonstrated by the applicant that placement of the parking, loading or driveway in an allowed location would jeopardize the continued occupancy of the subject property by uses suited to the PRO District. (3) In the case of a building enclosed use that does not have an entrance from the Pedestrian Retail Street Frontage, one (1) or both of the following conditions apply: A. The proposed use will occupy an existing building that lacks such pedestrian entrance, and the addition of a conforming pedestrian entrance is made infeasible by the configuration of the interior space or other factors related to the design and placement of the building. B. Placement of the pedestrian entrance in a location other than on the Pedestrian Retail Street Frontage will result in more suitable pedestrian access. (4) In the case of an interior side yard more than four (4) feet in width and located within forty (40) feet of a Pedestrian Retail Frontage, the subject building will be occupied by residential units which require the greater side yard area to allow for desirable levels of light and air. (g) Maximum Setbacks. Notwithstanding the provisions of the underlying zoning district, properties in PRO Districts shall conform to the following regulations with respect to maximum setbacks. (1) Front Street Yard. No main building on a lot abutting a Pedestrian Retail Street Frontage shall be set back more than five (5) feet from the Pedestrian Retail Street Frontage unless the City Planning Commission has approved establishment of a surface parking lot in such location as a Conditional Use. Such building features as entrances and display windows may be set back up to an additional five (5) feet as long as these features occu- py no more than fifty percent (50%) of the building’s total frontage. These setback regulations shall not apply to portions of buildings above the first-story level. (2) Interior Side Yard. No portion of an interior side yard located within forty (40) feet of a Pedestrian Retail Street Frontage shall exceed four (4) feet in width on the ground floor level, unless the City Planning Commis- sion has approved a driveway or a residential side yard in such location as a Conditional Use. (3) Exceptions for Outdoor Cafes. A building may be set back a maximum of fifteen (15) feet from the Pedes- trian Retail Street Frontage in order to accommodate a permanent outdoor café. If use of such café is discon- tinued for a period of two (2) years or more, the setback area shall be landscaped or otherwise improved in accordance with a plan approved by the City Planning Commission. (h) Window Areas. For any nonresidential building or storefront facing a Pedestrian Retail Street Frontage, not less than sixty percent (60%) of the front facade between two and one-half (2-1/2) and seven and one-half (7-1/2) feet in height shall be composed of transparent windows or doors. In addition, not more than twenty-five percent (25%) of such window or door area on a building or storefront shall be covered with permanent signs. (i) Parking. In recognition of the expected greater use of public transit, bicycles and walking by customers and employees traveling to PRO Districts, the minimum number of parking spaces otherwise required by the Zon- ing Code shall be reduced by thirty-three percent (33%) for retail business uses in the districts. The Board of Zoning Appeals may further reduce parking requirements where it has been demonstrated that additional park- 1008 June 12, 2019 The City Record 17 ing is available in common or shared parking facilities or in on-street parking areas located within a reasonable walking distance of the use, given the nature of the use and the district. The Board shall also consider factors as the number of bicycle racks available in proximity to a use. In making its determination, the Board shall be guided by an up-to-date analysis of parking supply and demand and other relevant factors submitted by or on behalf of the applicant. The City Planning Commission shall maintain a file of all such parking analyses sub- mitted for properties in each PRO District. (j) Signs in the Public Street Right-of-Way. An ordinance to map a PRO District in a particular location may include permission to place private signs in the public street right-of-way under the regulations of Chapter 512 of the Codified Ordinances. Such provision shall be included in the PRO designation only if it is determined, on the basis of a survey and analysis conducted by the City Planning Commission, that the particular PRO District is characterized by a preponderance of restaurants and small independent stores for which signs placed near the street curb would provide useful information to pedestrians seeking goods and services and would enhance the pedestrian-oriented image of the district. Any PRO District designated for display of signs in the street right-of- way shall be shown on the Zoning Map as a “PRO-S” District, with “S” noting the presence of special sign pro- visions. No sign permitted by these provisions shall be displayed without design approval of the sign’s structure and permanent elements by the City Planning Commission, or where applicable, by the Landmarks Commission. (k) Variances. The Board of Zoning Appeals may grant variances to requirements of this section under the applicable criteria stated in Chapter 329 of this code. In the case of an appeal for a variance to permit a drive- through business in a PRO District, the Board shall consider the following factors based, in part, on a traffic study performed by the applicant: (1) The anticipated volume of vehicular use of the proposed drive-through facility, with higher volumes con- sidered to detract from the pedestrian character of the district; (2) The anticipated proportion of drive-through customer transactions to all transactions at the business, with over fifty percent (50%) of drive-through transactions indicating that the business is an inappropriate use for a Pedestrian Retail District. (3) The impact of the drive-through facility on the pedestrian character of the designated Pedestrian Retail Street Frontage; (4) The impact on traffic safety and pedestrian safety in the vicinity of the drive-through business. (l) Appeals. Appeals from the decision of the City Planning Commission to approve or disapprove Conditional Uses in Pedestrian Retail Spaces shall be made to the Board of Zoning Appeals.

Section 357.09 Required Interior Side Yards (a) Where Required. (1) Interior side yards conforming to the provisions of this section shall be provided and maintained along the interior side lot lines of all buildings or parts of buildings of Residential Occupancy or Institutional H Occupancy Classification irrespective of the use district in which they are located. (2) Interior side yards conforming to the provisions of this Zoning Code shall be provided and maintained along the interior side lot lines of all main buildings in Residence Districts irrespective of the occupancy classification of the building. (b) Width. (1) Limited One-Family Districts. In a Limited One-Family District the minimum width of an interior side yard shall be five (5) feet and the aggregate width of side yards on the same premises shall be not less than twen- ty (20) feet. No building shall be erected less than twenty (20) feet from a main building on an adjoining lot within such District, nor less than ten (10) feet from a main building on an adjoining lot in other Residence Dis- tricts. (2) Other Residence Districts.

Where applicable Min. distance to Aggregate width of Min. distance property line side yards between main buildings on adjoining lots A. Limited One Family 5' 20' Limited One Family District: 20' Other Residence Districts: l0' B. One Family 1/2 height of main No requirement 10' building or min. 10' C. Two Family 3' 6' 6' D. Multi-Family One or Two 3' 6' 6' family Building Multi-Family 7' 14' 10' Building E. All other Residence Districts 5' 10' 10' F. All other Abutting a Districts Residence 7' 10' District No requirement Abutting all other Districts 0' 0'

(3) Irregularly Shaped Lots. In the case of an irregular, triangular or segment-shaped lot, the required width of a required interior side yard shall be interpreted to mean the average width, provided that no such required interior side yard on any lot shall be less than three (3) feet in width at any point. 1009 18 The City Record June 12, 2019

(4) Interior Side Yards Adjoining Alleys. A. An alley line at the side of a lot shall be deemed to be an interior side lot line. B. The half-width of an alley abutting and parallel to the side line of a lot may be considered as part of an interior side yard required on that side. However, in all cases a setback from the alley line of not less than three (3) feet shall be provided. (5) Interior Side Yards Adjoining Nonconforming Side Yards. For a period of one (1) year from and after Jan- uary 29, 1950, in Multi-Family Districts on any lot where the adjoining interior side yard of an existing building does not conform to the provisions of subsection (b)(2)C. hereof, the minimum width and area of the interior side yard on that side may be the average between the requirements specified in subsection (b)(2)C. hereof, and such existing adjoining side yard, but if such existing side yard is less in width than one-sixth (1/6) its building height (the ordinance requirement in effect prior to the passage of Ordinance No. 573-18 then the existing side yard shall be figured at one-sixth (1/6) the height of its building.

Section 357.13 Yard Encroachments Permitted Required yard spaces shall be maintained free and unobstructed except for trees and shrubbery, and, in inte- rior side or rear yards, cloths, poles, arbors, garden trellis and similar accessories, and except that the following encroachments shall be permitted. (a) Underground Garage or Accessory Space in Multi-Family Districts. Within the required yard spaces back of the setback building line in a Multi-Family District, an underground garage or other accessory space may be constructed provided the height of such structure, including parapets, piers or railings, shall not exceed five (5) feet above the grade level, and provided such structure does not prevent free access to the rear yard. (b) Front Yard and Side Street Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following front yard and side street yard encroachments shall be permitted in any use district: (1) Front yard and side street yard encroachments permitted under Chapter 3109, and Chapter 3113, except that in a Dwelling House District no entrance canopy shall be erected, and no marquees or fixed or retractable awning shall project more than six (6) feet beyond the building line or within ten (10) feet of the street line. (2) Steps and landings, and their appurtenant railings, balustrades and parapets, leading up or down to floor levels directly above or below the grade level. (3) Fences and walls, as regulated in Chapter 358. (4) Open porticos or porches projecting not more than eight (8) feet, and enclosed porches, balconies or vestibules projecting not more than four (4) feet. (5) Structures permitted by division (a) of Section 3113.10, division (a) of Section 3113.13 and Section 3113.16 or where not so permitted, gasoline pump islands, sign poles or similar temporary and easily removable structures, provided that conditional and temporary permits therefore are granted, subject to appropriate conditions and safe- guards by the Board after public notice and public hearing, and provided, further, that the erection, maintenance and use thereof do not conflict with the intent and purposes of this Zoning Code. (6) For one (1) to four (4) family dwelling structures, wheelchair lifts, including platform and appurtenant structures, set back a minimum of five (5) feet from any public right-of-way and a minimum of three (3) feet setback from any other property line, to be removed when no longer in use. (7) For one (1) to four (4) family dwelling structures, wheelchair ramps set back a minimum of five (5) feet from any public right-of-way and a minimum of three (3) feet from any other property line, to be removed when no longer in use, and meeting slope requirements and all other requirements of the Ohio Building Code, and as determined by collaboration between the City Planning Commission office and the Department of Building and Housing: A. designed to minimize the length of the ramp; and B. located in a side yard or rear yard unless such placement is determined to be infeasible, thereby necessi- tating location in a front yard. (c) Rear Yard and Interior Side Yard Encroachments. Except as restricted or limited by other provisions of this Zoning Code, the following rear yard and interior side yard encroachments shall be permitted in any use district: (1) In rear yards only, accessory buildings and uses in connection with Residence Occupancy as defined and limited in Section 337.23, and similar accessory buildings and uses in connection with buildings of Institutional H Occupancy Classification. Accessory buildings or uses attached or forming part of a main building shall be permitted to encroach upon such rear yards to the extent permitted for detached accessory buildings or uses. (2) Projections for architectural embellishment listed in Section 3109.08, provided that no main cornice or eaves shall project into a required yard more than two (2) feet, measured horizontally, and no bar or oriel shall be constructed in a required interior side yard and none shall project into a required rear yard more than eighteen (18) inches, and no other projection shall exceed the maximum permissible projection specified in Section 3109.08 or be so located as to materially obstruct natural light or ventilation. (3) Fixed awnings, as permitted by Section 3109.10. (4) Retractable awnings, as permitted by Section 3109.11. (5) Steps, landings and their appurtenant railings, balustrades and parapets, leading up or down to floor lev- els directly above or below the grade level, not extending nearer than one (1) foot to a rear or side lot line. (6) Chimneys projecting not more than thirty-two (32) inches, downspouts projecting not more than twelve (12) inches, and ventilating ducts or pipes projecting not more than thirty-two (32) inches and having a maximum aggregate cross-sectional area in any yard and at any level or one thousand twenty-four (1,024) square inches. (7) Fences, walls, hedges or other barriers, as regulated in division (a)(6) of Section 337.23. (d) Temporary Structures. Temporary offices, bridges, barricades and similar structures required for and inci- dent to building construction. Section 2. That the following existing sections of the Codified Ordinances of Cleveland, Ohio, 1976: Section 325.03, as amended by Ordinance No. 1205-58, passed June 30, 1958, Section 337.23, as amended by Ordinance No. 814-10, passed October 4, 2010 Section 343.23, as amended by Ordinance No. 1648-12, passed November 27, 2012, Section 357.09, as amended by Ordinance No. 573-18, passed July 18, 2018 and Section 357.13, as amended by Ordinance No. 539-12, passed May 21, 2012 are repealed. Section 3. That the Codified Ordinances of Cleveland, Ohio, 1976, are supplemented by enacting new Section 325.431 to read as follows: 1010 June 12, 2019 The City Record 19

Section 325.431 Lot, Interior “Lot, Interior” means a lot other than a corner lot. Section 4. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 3, 2019. Effective July 3, 2019.

Ord. No. 257-2019. 773-A-80, passed December 14, 1981, is practical difficulty in the collection By Council Member McCormack. amended as follows: and transportation of solid waste in An emergency ordinance to amend areas where there is heavy daytime Section 551.22 of the Codified Ordi- Section 551.22 Hours of Collection vehicular and pedestrian traffic and nances of Cleveland, Ohio, 1976, as and Transportation a concentration of commercial activ- enacted by Ordinance No. 773-A-80, No person owning or driving a ity. passed December 14, 1981, relating vehicle hauling solid waste shall Section 2. That existing Section to the waste collection hours in and cause the collection, transportation 551.22 of the Codified Ordinances of near a residential district. or transfer of such waste other than Cleveland, Ohio 1976, as enacted by Whereas, residents in and near between the hours of 6:00 a.m. and Ordinance No. 773-A-80, passed residential districts have been dis- 7:00 p.m., except that in areas with- December 14, 1981, is repealed. rupted by early morning waste col- in 250 feet of a residential district Section 3. That this ordinance is lection times by private commercial such collection, transportation or declared to be an emergency mea- waste haulers; and transfer shall begin no earlier than sure and, provided it receives the Whereas, this ordinance consti- 7:00 a.m. No collection, transporta- affirmative vote of two-thirds of all tutes an emergency measure provid- tion or transfer shall occur on Sat- the members elected to Council, it ing for the usual daily operation of urdays after 6:00 p.m. or on Sundays. shall take effect and be in force a municipal department; now, there- Application for exceptions to this immediately upon its passage and fore, provision may be made to the Direc- approval by the Mayor; otherwise it Be it ordained by the Council of tor of Public Works, on a form pro- shall take effect and be in force the City of Cleveland: vided by the Director. Such from and after the earliest period Section 1. That Section 551.22 of the exceptions shall be granted only allowed by law. Codified Ordinances of Cleveland, where the applicant is able to Passed June 3, 2019. Ohio 1976, as enacted by Ordinance No. demonstrate circumstances of great Effective June 5, 2019.

Ord. No. 376-2019. By Council Members Griffin and Kelley (by departmental request). An emergency ordinance to amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333- 18, passed November 26, 2018, is amended to read as follows:

Section 241.05 Food Shop Licenses and Fees (a) No food shop shall be operated without the person, firm, association, or corporation conducting the business first applying for and obtaining an annual license. All fees and charges assessed under this section shall be paid to the Com- missioner of Assessments and Licenses. (b) The provisions of RC Chapters 3715 and 3717 pertaining to the licensing, administration and enforcement of food safety programs by the local licensing authority are adopted and incorporated herein by the City of Cleveland. (c) The holder of a food service operation license as defined by state law shall not be required to obtain a retail food establishment license except when the activities of a retail food establishment and a food service operation are carried on within the same facility by the same person or entity, then the determination of what license applies shall be made according to the primary business of the person or entity as determined by the licensor, the City of Cleveland Director of Public Health, as described in RC 3717.44. (d) Each application to the Commissioner of Assessments and Licenses for a mobile food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:

2018 Risk Level Fee Mobile $200.00

2019 Risk Level Fee Mobile $275.00

(e) Each application to the Commissioner of Assessments and Licenses for a vending food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:

2018 Risk Level Fee Vending $14.20

2019 Risk Level Fee Vending $14.48 1011 20 The City Record June 12, 2019

(f) Each application to the Commissioner of Assessments and Licenses for a temporary commercial food service operation and temporary non-commercial food service operation license required under RC 3717.43 shall be accompanied by a combined license and inspection fee as follows:

2018 Risk Level Fee 5-day temporary $74.00 5-day temporary (non-commercial) $37.00

2019 Risk Level Fee 5-day temporary $80.00 5-day temporary (non-commercial) $40.00

(g) The Commissioner of Assessments and Licenses may also collect fees for collection and bacteriological examina- tion of samples taken from a food shop in an amount equal to the cost of such collection and examination as determined by the Director of Public Health. (h) Except for plans pertaining to mobile or temporary food service operations or vending devices, the Commissioner of Assessments and Licenses shall collect fees in the amounts stated below, for plan reviews of food shops prior to sub- mission of plans to the Department of Public Health:

2018 Plan Review Fee Commercial Non-Commercial New Operations, less than 25,000 sq. feet $225.00 $112.50 New Operations, greater than 25,000 sq. feet $300.00 $150.00 Extensive Alteration, less than 25,000 sq. feet $75.00 $37.50 Extensive Alteration, greater than 25,000 sq. feet $100.00 $50.00

2019 Plan Review Fee Commercial Non-Commercial New Operations $400.00 $200.00 Extensive Alteration $200.00 $100.00

(i) The Commissioner of Assessments and Licenses shall submit all applications for a food shop license to the Direc- tor of Public Health for approval or disapproval of the application. (j) The Commissioner of Assessments and Licenses is authorized to collect license fees for retail food establishments and food service operations and deposit the fees into a fund created under RC 3717.25 and 3717.45. (k) For purposes of this section, non-commercial organizations are defined as organizations such as churches, or non- profit organizations operated exclusively for charitable purposes as defined in RC 5739.02(B)(12), provided that dis- played foods are not displayed for more than seven (7) consecutive days or more than fifty-two (52) separate days per year. (l) For a food service operation, a penalty of twenty five percent (25%) of any license fee required by this section must be paid before the issuance of the license if the required license fee is not paid on or before the date it is due. Section 2. That existing Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, is repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 3, 2019. Effective June 5, 2019.

Ord. No. 409-2019. Access Transmission Services Corp. permission from the respective pole By Council Members Johnson and d/b/a Verizon Access Transmission owner. Brancatelli (by departmental Services, 7300 Northfield Rd. Walton Section 3. That the encroaching request). Hills. OH 44146 (“Permittee”), to objects permitted by this ordinance An emergency ordinance authoriz- encroach into the public right-of- shall conform to plans and specifi- ing the Director of Capital Projects way at various locations within the cations first approved by the Man- to issue one or more permits to MCl- City of Cleveland by installing, ager of Engineering and metro Access Transmission Services using, and maintaining a wireline Construction. That Permittee shall Corp. d/b/a Verizon Access Trans- fiber optic communications network obtain all other required permits, mission Services to encroach into to include fiber optic cable to be including but not limited to Build- the public right-of-way at various attached to utility poles (by sepa- ing Permits, before installing the locations in the City of Cleveland by rate permission of pole owner), duct encroachments. installing, using, and maintaining a banks and vaults. The permit(s) Section 4. That the Director of wireline fiber optic communications authorized shall not be issued until Law shall prepare the permit(s) network to include fiber optic cable, the Manager of the Division of Engi- authorized by this ordinance and to be attached to utility poles (by neering and Construction and the shall incorporate such additional separate permission of pole owner), Director of Capital Projects have provisions as the director deter- duct banks and vaults. first reviewed and approved each mines necessary to protect and ben- Whereas, this ordinance consti- specific encroachment location that efit the public interest. The tutes an emergency measure provid- the Permittee requests. permit(s) shall be issued only when, ing for the usual daily operation of Section 2. That Permittee may in the opinion of the Director of a municipal department; now, there- assign a permit only with the prior Law, the prospective Permittee has fore, written consent of the Director of properly indemnified the City Be it ordained by the Council of Capital Projects. That nothing in against any loss that may result the City of Cleveland: this ordinance grants or shall be from the encroachment(s) permitted. Section 1. That the Director of considered to grant to Permittee any Section 5. That the permit(s) shall Capital Projects is authorized to right, privilege, or permission to reserve reasonable right of entry to issue one or more permits, revocable use, or to attach or affix any object the City to each encroachment loca- at the will of Council, to MClmetro to poles; Permittee shall obtain such tion. 1012 June 12, 2019 The City Record 21

Section 6. That this ordinance is the members elected to Council, it incorporate such additional provi- declared to be an emergency mea- shall take effect and be in force sions as the director determines nec- sure and, provided it receives the immediately upon its passage and essary to protect and benefit the affirmative vote of two-thirds of all approval by the Mayor; otherwise it public interest. The permit shall be the members elected to Council, it shall take effect and be in force issued only when, in the opinion of shall take effect and be in force from and after the earliest period the Director of Law, a prospective immediately upon its passage and allowed by law. Permittee has properly indemnified approval by the Mayor; otherwise it Passed June 3, 2019. the City against any loss that may shall take effect and be in force Effective June 5, 2019. result from the encroachments per- from and after the earliest period mitted. allowed by law. Section 4. That the permit shall Passed June 3, 2019. reserve to the City reasonable right Effective June 5, 2019. Ord. No. 438-2019. of entry to the encroachment loca- By Council Members McCormack, tions. Johnson and Brancatelli (by depart- Section 5. That this ordinance is mental request). declared to be an emergency mea- Ord. No. 410-2019. An emergency ordinance authoriz- sure and, provided it receives the By Council Members McCormack, ing the Director of Capital Projects affirmative vote of two-thirds of all Johnson and Brancatelli (by depart- to issue a permit to The Convention the members elected to Council, it mental request). and Visitors Bureau of Greater shall take effect and be in force An emergency ordinance authoriz- Cleveland, Inc. to encroach into the immediately upon its passage and ing the Director of Capital Projects public right-of-way within the approval by the Mayor; otherwise it to issue a permit to Flats Forward, Tremont neighborhood with a Pedes- shall take effect and be in force Inc. to encroach into the public trian Wayfinding Sign Program by from and after the earliest period rights-of-way at four locations in the installing, using, and maintaining allowed by law. Flats by installing, using and main- eight wayfinding signs and associ- Passed June 3, 2019. taining four wayfinding signs. ated electrical duct banks. Effective June 5, 2019. Whereas, this ordinance consti- Whereas, this ordinance consti- tutes an emergency measure provid- tutes an emergency measure provid- ing for the usual daily operation of ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- Ord. No. 439-2019. fore, fore, By Council Members B. Jones, Be it ordained by the Council of Be it ordained by the Council of Cleveland, Griffin, Johnson and the City of Cleveland: the City of Cleveland: Brancatelli (by departmental Section 1. That the Director of Section 1. That the Director of request). Capital Projects is authorized to Capital Projects is authorized to An emergency ordinance authoriz- issue a permit, revocable at the will issue a permit, revocable at the will ing the Director of Capital Projects of Council, to Flats Forward, Inc., of Council, to The Convention and to issue a permit to MidTown Cleve- 1010 Euclid Avenue Suite 300, Cleve- Visitors Bureau of Greater Cleve- land, Inc. to encroach into the pub- land, OH 44115 (“Permittee”), to land, Inc., 334 Euclid Avenue, Cleve- lic right-of-way of the Midtown encroach into the public rights-of- land, OH 44114 (“Permittee”), to District by installing, using, and way at four locations in encroach into the public right-of- maintaining the MidTown Wayfind- by installing, using and maintaining way within the Tremont neighbor- ing Signage Program. four wayfinding signs, as follows: hood with a Pedestrian Wayfinding Whereas, this ordinance consti- Sign Program by installing, using, 1. East side of Columbus Road and tutes an emergency measure provid- and maintaining eight wayfinding Carter Road, on island; ing for the usual daily operation of signs and associated electrical duct 2. Main Avenue and West 10th a municipal department; now, there- banks, at the following locations: Street, on island; fore, Be it ordained by the Council of 3. S.W. corner of West Superior 1. Northwest corner of Abbey Avenue and Robert Lockwood Drive; Avenue and West 13th Street the City of Cleveland: and 2. Northeast corner of West 10th Section 1. That the Director of 4. N.E. corner of West 25th Street Street and West 7th Street Capital Projects is authorized to and Washington Avenue. 3. Southeast corner of West 11th issue a permit, revocable at the will Legal Description approved by Street and Fairfield Avenue of Council, to MidTown Cleveland, Greg Esber, Section Chief, Plats, 4. Northwest corner of Professor Inc., 5000 Euclid Avenue, Suite 100, Surveys and House Numbering Sec- Avenue and Starkweather Avenue Cleveland, Ohio, 44103 (“Permittee”), tion. 5. Northwest corner of West 11th to encroach into public rights-of-way Section 2. That the Director of Street and Starkweather Avenue within the Midtown District by Law shall prepare the permit autho- 6. Southwest corner of West 11th installing, using, and maintaining, 2 rized by this ordinance and shall Street and Kenilworth Avenue specialty trailblazer signs, 6 prima- incorporate such additional provi- 7. Northeast corner of Professor ry directional signs, 2 secondary sions as the Director of Law deter- Avenue and West 11th Street directional signs, 19 trailblazer mines necessary to protect and 8. Northeast corner of Abbey signs, 11 tertiary directional signs benefit the public interest. The per- Avenue and Columbus Road and 2 primary gateway monument mit shall be issued only when, in signs at the following locations: the opinion of the Director of Law, The final locations and the num- the prospective Permittee has prop- ber of signs will be determined and C2 - Specialty Trailblazer erly indemnified the City against approved after plan review on an SW corner of E. 30th and Chester any loss that may result from the individual site-by-site basis. The per- Ave. encroachment(s) permitted. mit authorized shall not be issued SE corner of E. 55th and Chester Section 3. That Permittee may until the Manager of the Division of Ave. assign the permit only with the Engineering and Construction and prior written consent of the Director the Director of Capital Projects A1 - Primary Gateway of Capital Projects. That the have first reviewed and approved NE corner of Interbelt and Euclid encroaching structure(s) permitted each specific encroachment location. Ave. by this ordinance shall conform to Section 2. That Permittee may In front of MTC office plans and specifications first assign the permit only with the approved by the Manager of the prior written consent of the Director C1 - Trailblazer City’s Division of Engineering and of Capital Projects. That the SE corner of E. 40th and Com- Construction. That Permittee shall encroaching structures permitted by merce Ave. obtain all other required permits, this ordinance and the exact loca- NE corner of E. 30th and Chester including but not limited to Build- tions shall conform to plans and Ave. ing Permits, before installing the specifications first approved by the NE corner of E. 47th and Com- encroachment(s). Manager of Engineering and Con- merce Ave. Section 4. That the permit shall struction. That Permittee shall SE corner of E. 55th and Hough reserve to the City reasonable right obtain all other required permits, Ave. of entry to the encroachment loca- including but not limited to Build- SW corner of E. 55th and Hough tion(s). ing Permits, before installing the Ave. Section 5. That this ordinance is encroachments. SE corner of E. 55th and Euclid declared to be an emergency mea- Section 3. That the Director of Ave. sure and, provided it receives the Law shall prepare the permit autho- SW corner of E. 55th and Chester affirmative vote of two-thirds of all rized by this ordinance and shall Ave. 1013 22 The City Record June 12, 2019

SW corner of E. 55th and Carnegie obtain all other required permits, 13. E. 39th St. and Payne Avenue, Ave. including but not limited to Build- north - English & Chinese, Eng- NE corner of E.30th and Prospect ing Permits, before installing the lish & Korean Ave. encroachment(s). 14. E. 39th St. and Payne Avenue, NW corner of E. 69th and Euclid Section 4. That the permit shall south - English & Chinese, Eng- Ave. reserve to the City reasonable right lish & Thai NW corner of E. 70th and Euclid of entry to the encroachment loca- 15. E. 30th St. and Superior Avenue, Ave. tion(s). north - English & Chinese, Eng- NW corner of E. 71st and Chester Section 5. That this ordinance is lish & Korean Ave. declared to be an emergency mea- 16. E. 30th St. and Superior Avenue, SW corner of E. 71st and Carnegie sure and, provided it receives the south - English & Chinese, Eng- Ave. affirmative vote of two-thirds of all lish & Vietnamese SE corner of E. 71st and Euclid the members elected to Council, it 17. E. 31st St. and Superior Avenue, Ave. shall take effect and be in force north - English & Chinese, Eng- NE corner of E. 71st and Euclid immediately upon its passage and lish & Vietnamese Ave. approval by the Mayor; otherwise it 18. E. 31st St. and Superior Avenue, SW corner of E. 79th and Chester shall take effect and be in force south - English & Chinese, Eng- Ave. from and after the earliest period lish& Korean SW corner of E. 79th and Carnegie allowed by law. 19. E. 32nd St. and Superior Avenue, Ave. Passed June 3, 2019. north - English & Chinese, Eng- NW corner of E. 40th Commerce Effective June 5, 2019. lish & Hindi Ave. 20. E. 32nd St. and Superior Avenue, SW corner of E. 70th and Chester south - English & Chinese, Eng- Ave. lish & Tagalog 21. E. 33rd St. and Superior Avenue, Ord. No. 440-2019. north - English & Chinese, Eng- B1 - Primary Directional By Council Members B. Jones, lish & Tagalog SE corner of E. 40th and Chester Johnson and Brancatelli (by depart- 22. E. 33rd St. and Superior Avenue, Ave. mental request). south - English & Chinese, Eng- SW corner of E. 40th and Chester An emergency ordinance authoriz- lish & Hindi Ave. ing the Director of Capital Projects 23. E. 34th St. and Superior Avenue, SW corner of E. 55th and Chester to issue a permit to MidTown Cleve- north - English & Chinese, Eng- Ave. land, Inc. to encroach into the pub- lish & Thai NE corner of E. 55th and Chester lic rights-of-way within the Midtown 24. E. 34th St. and Superior Avenue, Ave. District by installing, using, and south - English & Chinese, Eng- NE corner of E. 55th and Carnegie maintaining the Asiatown “pie lish & Vietnamese Ave. slice” blade signage program. 25. E. 36th St. and Superior Avenue, NW corner of E. 55th and Chester Whereas, this ordinance consti- north - English & Chinese, Eng- Ave. tutes an emergency measure provid- lish & Vietnamese ing for the usual daily operation of 26. E. 36th St. and Superior Avenue, B2 - Secondary Directional a municipal department; now, there- south - English & Chinese, Eng- SE corner of E. 30th and Chester fore, lish & Thai Ave. Be it ordained by the Council of 27. E. 38th St. and Superior Avenue, NW corner of E. 55th and Euclid the City of Cleveland: south - English & Vietnamese, Ave. Section 1. That the Director of English & Korean Capital Projects is authorized to 28. E. 40th St. and King Avenue - B3 - Tertiary Directional issue a permit, revocable at the will English & Hindi, English & Chi- NW corner of E. 40th and Euclid of Council, to MidTown Cleveland, nese Ave. Inc., 5000 Euclid Avenue, Suite 100, NE corner of E. 40th and Euclid Cleveland, Ohio, 44103 (“Permittee”), Section 2. That the Director of Ave. to encroach into the public rights-of- Law shall prepare the permit autho- SE corner of E. 40th and Euclid way within the Midtown District by rized by this ordinance and shall Ave. installing, using, and maintaining incorporate such additional provi- NW corner of E. 55th and Prospect 56 blade signs as part of the Asia- sions as the Director of Law deter- Ave. town “pie slice” blade signage pro- mines necessary to protect and NE corner of E. 66th and Chester gram at the following locations: benefit the public interest. The per- Ave. mit shall be issued only when, in SW corner of E. 40th and Carnegie 11. E. 27th St. and Payne Avenue, the opinion of the Director of Law, Ave. north - English & Chinese, Eng- the prospective Permittee has prop- SE corner of E. 55th and Prospect lish & Korean erly indemnified the City against Ave. 12. E. 27th St. and Payne Avenue, any loss that may result from the SW corner of Prospect St. and south - English & Chinese, Eng- encroachment(s) permitted. Prospect Ave. lish & Tagalog Section 3. That Permittee may SW corner of E. 66th and Chester 13. E. 31st St. and Payne Avenue, assign the permit only with the Ave. south - English & Chinese, Eng- prior written consent of the Director SW corner of E. 30th and Prospect lish & Vietnamese of Capital Projects. That the Ave. 14. E. 32nd St. and Payne Avenue, encroaching structure(s) permitted SW corner of E. 30th and Carnegie north - English & Chinese, Eng- by this ordinance shall conform to Ave. lish & Thai plans and specifications first 15. E. 33rd St. and Payne Avenue, approved by the Manager of the Section 2. That the Director of north - English & Chinese, Eng- City’s Division of Engineering and Law shall prepare the permit autho- lish & Hindi Construction. That Permittee shall rized by this ordinance and shall 16. E. 33rd St. and Payne Avenue, obtain all other required permits, incorporate such additional provi- south - English & Chinese, Eng- including but not limited to Build- sions as the Director of Law deter- lish & Vietnamese ing Permits, before installing the mines necessary to protect and 17. E. 34th St. and Payne Avenue, encroachments. benefit the public interest. The per- north - English & Chinese, Eng- Section 4. That the permit shall mit shall be issued only when, in lish & Thai reserve to the City reasonable right the opinion of the Director of Law, 18. E. 36th St. and Payne Avenue, of entry to the encroachment loca- the prospective Permittee has prop- south - English & Chinese, Eng- tions. erly indemnified the City against lish & Korean Section 5. That this ordinance is any loss that may result from the 19. E. 36th St. and Payne Avenue, declared to be an emergency mea- encroachment(s) permitted. north - English & Chinese, Eng- sure and, provided it receives the Section 3. That Permittee may lish & Tagalog affirmative vote of two-thirds of all assign the permit only with the 10. E. 37th St. and Payne Avenue, the members elected to Council, it prior written consent of the Director south - English & Chinese, Eng- shall take effect and be in force of Capital Projects. That the lish & Thai immediately upon its passage and encroaching structure(s) permitted 11. E. 38th St. and Payne Avenue , approval by the Mayor; otherwise it by this ordinance shall conform to north - English & Chinese, Eng- shall take effect and be in force plans and specifications first lish & Korean from and after the earliest period approved by the Manager of the 12. E. 38th St. and Payne Avenue, allowed by law. City’s Division of Engineering and south - English & Chinese, Eng- Passed June 3, 2019. Construction. That Permittee shall lish & Thai Effective June 5, 2019. 1014 June 12, 2019 The City Record 23

Ord. No. 441-2019. By Council Members B. Jones, Cleveland, Johnson and Brancatelli (by departmental request). An emergency ordinance authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public rights-of-way within the Midtown District by installing, using, and maintaining from 24 to 36 bike racks. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Mid- Town Cleveland, Inc., 5000 Euclid Avenue, Suite 100, Cleveland, Ohio 44103 (“Permittee”), to encroach into the public rights-of-way within the Midtown District by installing, using, and maintaining from 24 to 36 bike racks, at the follow- ing locations:

List of potential bike rack locations for a total number of 24-36 bike racks.

1 The Agora 5000 Euclid Ave Destination 2 Children’s Museum 3813 Euclid Ave Destination 3 Masonic Auditorium 3615 Euclid Ave Destination 4 Morgan Conservatory E. 47th St Destination 5 CASTLE High School 3950 Prospect Ave E Education /Service 6 City Mission 5310 Carnegie Ave Education /Service 7 NewBridge 3634 Euclid Ave Education /Service 8 Ohio Guidestone Workforce 360 3235 Prospect Ave E Education /Service 9 Stepstone Academy 3328 Carnegie Ave Education /Service 10 The Centers for Families & Children 4500 Euclid Ave Education /Service 11 Jane Edna Social Services Building 3955 Euclid Ave Education /Service 12 ALDI 7500 Euclid Ave-5 Food Amenities 13 Cleveland Bagel Carnegie Ave & E.75 77th St Food Amenities 14 Colonel Young Park E. 46th St & Prospect Ave Food Amenities 15 3631 Perkins 3631 Perkins Ave Office 16 Link 59 6001 Euclid Ave Office 17 MidTown Tech Park 6700 Euclid Ave Office 18 Baker Electric Building 7100 Euclid Ave Office 19 Tech Hive 6815 Euclid Ave Office 20 Vocon 3142 Prospect Ave E Office 21 NEORSD 3900 Euclid Ave Office 22 Cityview Rehab 6606 Carnegie Ave Residential 23 University Studios 2901 Euclid Ave Residential

The final locations and the number of bike racks will be determined and approved after plan review on an individual site–by-site basis. The permits authorized shall not be issued until the Manager of the Division of Engineering and Con- struction and the Director of Capital Projects have first reviewed and approved each specific encroachment location. Section 2. That the Director of Law shall prepare the permit authorized by this ordinance and shall incorporate such additional provisions as the Director of Law determines necessary to protect and benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, the prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 3. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structures permitted by this ordinance and exact locations shall conform to plans and specifica- tions first approved by the Manager of the City’s Division of Engineering and Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachment(s). Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s). Section 5. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 3, 2019. Effective June 5, 2019.

Ord. No. 444-2019. Whereas, in 2001, when CRP pur- Section 1. That notwithstanding By Council Members Keane, Cleve- chased the adjacent concrete manu- and as an exception to the provi- land, Brancatelli and Kelley (by facturing and recycling factory from sions of Chapter 181 and 183 of the departmental request). Grayton Road Properties, Inc., the Codified Ordinances of Cleveland, An emergency ordinance authoriz- title research conducted prior to the Ohio, 1976, it is found and deter- ing the Commissioner of Purchases purchase failed to reveal that sev- mined that the following described and Supplies to sell City-owned prop- eral of the factory’s related struc- property is no longer needed for the erty no longer needed for public use tures and staging areas were City’s public use: located adjacent to Old Grayton actually located on City property; Road to Canal Road Partners, LLC, and March 11, 2019 Whereas, the Property is no for purposes of having clear title to Legal Description longer needed for the City’s public all their structures and assets; and Of a Parcel of Land on Grayton Road use and is being sold to CRP for to enter into a purchase and sale purposes of CRP having clear title In the City of Cleveland agreement. to all their structures and assets; (1.9993 Acres) Whereas, the Director of Port Con- and Situated in the City of Cleveland, trol has requested the sale of a 1.96 Whereas, this ordinance consti- formerly Township of Riveredge, acre of City-owned property to Canal tutes an emergency measure provid- County of Cuyahoga and the State Road Partners, LLC (“CRP”) located ing for the usual daily operation of of Ohio and known as being part of adjacent to Old Grayton Road and a municipal department; now, there- original Rockport Township Section is more fully described as Perma- fore, 4, and being all of land conveyed by nent Parcel No. 029-07-053 (the “Prop- Be it ordained by the Council of Thomas S. and Caroline L. Najjar, to erty”); and the City of Cleveland: the Township of Riveredge by deed 1015 24 The City Record June 12, 2019 dated 3/31/1982 and recorded in vol- Course 3: value, which is determined to be ume 15627, page 955 of Cuyahoga Thence North 00°15'26" West, fair market value. County Records (PPN 029-07-053 and along the northerly line of said New Section 3. That the conveyance 029-07-054), being further described Lot 1A, 29.93 feet to a 5/8 inch iron shall be made by official deed pre- as follows: pin (not capped) found at an angle pared by the Director of Law and Beginning at the intersection of point therein; executed by the Mayor on behalf of the centerline of Brookpark Road the City of Cleveland. The deed (100 feet wide), and re-located Old Course 4: shall contain necessary provisions, Grayton Road as shown by plat of Thence South 88°55'39" West, including restrictive covenants vacation recorded in volume 340, along the northerly line of said New deemed necessary for aviation pur- page 31 of Cuyahoga County Map Lot 1A, 208.37 feet to a 5/8 inch iron poses, as specified by the Directors Records, witnessed by a 1 inch iron pin (Id: Polaris) set at an angle of Port Control and Law, including pin in a monument box found 231.14 point therein; restrictive reversionary interests as feet along the arc of a curve in the may be specified by the Board of centerline of said Brookpark Road, Course 5: Control or Director of Law, which deflecting to the right and having a Thence North 76°19'39" West, shall protect the City’s interests and radius of 674.07 feet, a delta of along the northerly line of said New shall specifically contain a provi- 19°38'49" and a chord of 230.01 feet Lot 1A, 257.64 feet to a 5/8 inch iron sion against the erection of any bearing South 79°53'19" West; pin (Id: Polaris) set at an angle advertising signs or billboards Thence North 19°56'05" West, point therein; except permitted identification along the centerline of said re-locat- signs. ed Old Grayton Road, 176.63 feet to Course 6: Section 4. That the City acknowl- a point of curvature therein; Thence North 73°14'32" West, edges, states and affirms, under Thence northerly, 514.52 feet along the northerly line of said New Article IX of the Trust Indenture, along the arc of a curve in the cen- Lot 1A, and the northerly line of dated November 1, 1976, as amended, terline of said re-located Old Gray- New Lot 5A of said Plat of Lot Split that the City desires and requests ton Road, deflecting to the right and and Consolidation , 238.69 feet to a that certain portion of its land having a radius of 380.00 feet, a 5/8 inch iron pin (Id: Polaris) set at heretofore subject to the Indenture delta of 77°34'41" and a chord of an angle point therein; be released and removed from all 476.11 feet bearing North 18°51'15" obligations under the Indenture. Further the City acknowledges, East to a 5/8 inch iron pin in a mon- Course 7: states and affirms that it is not in ument box at a point of tangency Thence North 65°47'12" West, along the northerly line of said New default under the Indenture and therein; Lot 5A, 75.88 feet to a 5/8 inch iron that release of the land is necessary Thence North 57°38'36" East, pin (Id: Polaris) set therein and in order to serve the public purpose. along the centerline of said re-locat- being the most southerly corner of Section 5. That the Director of ed Old Grayton Road, 240.86 feet to deed parcel 1 of land conveyed to Port Control is authorized to apply a 5/8 inch iron pin in a monument Canal Road Partners by deed record- to The Bank of New York Mellon box at a point of curvature therein; ed as AFN 200108011336 of Cuyahoga Trust Company, National Associa- Thence northeasterly, 232.37 feet County Records (PPN 029-38-004); tion, as successor trustee, for a land along the arc of a curve in the cen- release under the Indenture. terline of said re-located Old Gray- Course 8: Section 6. That the Director of ton Road, deflecting to the left and Thence North 83°53'42" East, Port Control is authorized to enter having a radius of 380.00 feet, a along the southerly line of said deed into a Purchase and Sale Agreement delta of 35°02'09" and a chord of parcel 1 of Canal Road Partners, with CRP and any other agreements 228.76 feet bearing North 40°07'31" 290.43 feet to a 5/8 inch iron pin (Id: necessary, and to execute any docu- East to a point of tangency therein, Polaris) set at the southeasterly cor- ments needed to effectuate the pur- and being in the original un-vacat- ner thereof, and being the south- poses of this ordinance. ed centerline of Grayton Road; westerly corner of parcel 2 of said Section 7. That this ordinance is Thence North 22°36'27" East, Canal Road Partners (PPN 029-04- declared to be an emergency mea- along the original centerline of said 001); sure and, provided it receives the Grayton Road, 247.42 feet to the affirmative vote of two-thirds of all southerly limited access line of Course 9: the members elected to Council, it Interstate Route 480, and witnessed Thence South 76°21'18" East, shall take effect and be in force by a 5/8 inch iron pin in a monu- along the southerly line of said deed immediately upon its passage and ment box found North 22°36'27" parcel 2 of Canal Road Partners, approval by the Mayor; otherwise it East, 124.66 feet; 571.97 feet to a 5/8 inch iron pin (Id: shall take effect and be in force Thence South 88°36'31" West, Polaris) set at a point of non-tan- from and after the earliest period along the southerly limited access gent curvature; allowed by law. line of Interstate Route 480, at 60.02 Passed June 3, 2019. feet passing through a 5/8 inch iron Course 10: Effective June 5, 2019. pin (Id: CT) found at an angle point Thence southeasterly, 85.17 feet therein, and being the westerly along the arc of a curve in the right of way of said Grayton Road, southerly line of said deed parcel 2 the northeasterly corner of New Lot of Canal Road Partners, deflecting Ord. No. 464-2019 1A as shown by Plat of Lot Split to the right and having a radius of By Council Member McCormack and Consolidation recorded in vol- 42.50 feet, a delta of 114°49'15" and An emergency ordinance to sup- ume 333, page 59 of Cuyahoga Coun- a chord of 71.62 feet bearing South plement the Codified Ordinances of ty Map Records, 148.39 feet to an 59°10'58" East to the principal place Cleveland, Ohio, 1976 by enacting angle point in the northerly line of of beginning, and containing 1.9993 new Sections 401.152, 401.153, 401.231, said New Lot 1A; acres of land (87,0914 square feet) 473.10 and new Chapter 517, Shared Thence North 74°57'16" West, per survey performed in February, Mobility Device and Bicycle Ven- along the northerly line of said New 2019 by Michael P. Spellacy, P.S. dors, Sections 517.01 through 517.08, Lot 1A, 150.54 feet to a 5/8 inch iron 8169 of Polaris Engineering and Sur- and to amend Sections 473.01 pin (Id: 7801) found at an angle veying, subject to all legal high- through 473.03, 473.05, 473.07 through point therein, and the Principal ways and easements of record. The 473.09, 431.03, and 431.15, as amend- Place of Beginning of the following bearings used herein are based on ed by various ordinances, regulating described parcel: an the Ohio Coordinate System of the vendors and use of shared mobil- 1983, North Zone, 1986 adjustment, ity devices. Course 1: and all iron pins set are 5/8 inch Whereas, the City of Cleveland Thence South 00°15'26" East, diameter by 30 inch long rebar with seeks to promote shared mobility in along the northerly line of said New identification caps stamped “Polaris the short and long term as a way to Lot 1A, 42.50 feet to a 5/8 inch iron S-7087”. The intent of this instru- increase connectivity and opportuni- pin (Id: K&S) found at an angle ment is to provide a current legal ty for mobility options, as well as point therein; description for PPN 029-07-053 and improve quality of life for its resi- 029-07-054. dents; and Course 2: Section 2. That by and at the Whereas, the City of Cleveland Thence South 88°36'31" West, direction of the Board of Control, recognizes that shared mobility is along the northerly line of said New the Commissioner of Purchases and key to reducing environmental Lot 1A, 149.79 feet to a 5/8 inch iron Supplies is authorized to sell the impact, decreasing motor vehicle pin (Id: Polaris) set at an angle above-described property CRP at a traffic, and improving access to point therein; price not less than the appraised other forms of transportation; and 1016 June 12, 2019 The City Record 25

Whereas, the rental of shared in such a manner so as to unduly permit renewal followed by annual mobility devices and bicycles is a interfere with pedestrian flow. This permits thereafter. Permits may be fast-emerging industry that has includes ADA ramps, areas depart- renewed, on a form provided by the taken root in many cities, including ing to and from buildings and at Director, provided all the require- Columbus, Nashville, and Memphis; transit stops. ments of this chapter are met, and and (b) No person shall park a bicy- no changes have been made from Whereas, establishing regulations cle or mobility device on a sidewalk the previous approved application. for shared mobility devices is criti- in such a manner as to block cross- The permit renewal fee shall be cal to ensuring the health, safety, walks, curb ramps, transit stops, waived for the 6-month permit fol- and well-being of shared mobility fire escapes, fire hydrants, loading lowing the demonstration period. If riders, pedestrians and other users zones, disability parking, street fur- there are changes to the application, of the public right-of-way, and the niture, building entryways, private a new application must be made and general public; and property, railroad crossings, or the appropriate permit fee shall Whereas, this ordinance consti- vehicular driveways. accompany the application. tutes an emergency measure provid- (c) No person shall park a bicy- (c) Permittees must remove all ing for the usual daily operation of cle or mobility device upon any devices and associated equipment a municipal department; now, there- street including parking spots and within thirty (30) days after the fore, loading zones so as to unduly inter- expiration of the term. Be it ordained by the Council of fere with vehicular traffic. the City of Cleveland: (d) All bicycles and mobility Section 517.03 Permit Fee; Section 1. That the Codified Ordi- devices must be parked in an Issuance nances of the City of Cleveland, 1976 upright position. (a) The Director is authorized to are supplemented by enacting new (e) Whoever violates this section charge and collect an application Sections 401.152, 401.153, 401.231, is guilty of a minor misdemeanor. fee and a per trip fee from the per- 473.10 and new Chapter 517, Shared mittee in an amount established by Mobility Device and Bicycle Ven- Chapter 517 Shared Mobility the Board of Control. dors, Sections 517.01 through 517.08 Device and Bicycle Vendors (b) All devices must comply with to read as follows: local and state safety standards, as Section 517.01 Shared Mobility well as those established by the Section 401.152 E-Bike Device and Bicycle Vendor Consumer Product Safety Commis- E-Bike or “electric bicycle” is a “Shared mobility device and bicy- sion. two-wheeled device that has handle- cle vendor means an entity approved (c) Each device must have a bars, a seat, and pedals designed to unique permanent identification be operated similar to a bicycle, and by the Director of Capital Projects, number that is provided to the City is powered by electricity. E-Bike or or designee, to use/occupy the pub- and aligns with data reporting, as “electric bicycle” means a “class 1 lic right-of-way for offering shared electric bicycle”, a “class 2 electric mobility device such as a scooter, e- well as be labeled clearly with the bicycle”, or a “class 3 electric bicy- scooter, e-bike, or any other mobili- permittee’s logo and 24-hour cus- cle” and is further defined as fol- ty device as determined by the tomer service phone number. lows: Director of Capital Projects, and (d) All devices shall have GPS (a) “Class 1 electric bicycle” bicycles that do not require a fixed equipment affixed to the device that means a bicycle that is equipped docking apparatus to return is calibrated to ping a minimum of with fully operable pedals and an (“devices”), to subscribers on a fee every 90 seconds while in use. electric motor of less than seven basis subscription for short-term (e) Permittees must be able to hundred fifty watts that provides rental in point-to-point trips. remotely lock a device to prevent assistance only when the rider is use. pedaling and ceases to provide Section 517.02 Shared Mobility (f) Every device shall be equipped assistance when the bicycle reaches Device and Bicycle Vendor Permit with an adequate brake when used the speed of twenty miles per hour. Application on a street or highway. (b) “Class 2 electric bicycle” (a) An application for a permit to (g) On the approval of an appli- means a bicycle that is equipped operate as a shared mobility device cation by the Director, the Commis- with fully operable pedals and an and bicycle vendor shall be made to sioner of Traffic Engineering, the electric motor of less than seven the Director of Capital Projects Director of City Planning and the hundred fifty watts that may pro- upon a form provided by the Direc- Director of Public Safety, the Direc- vide assistance regardless of tor for that purpose. The application tor shall issue a permit in accor- whether the rider is pedaling and is form shall include the following: dance with this Chapter. not capable of providing assistance (1) The name, address, telephone when the bicycle reaches the speed number, e-mail address of the appli- Section 517.04 Rules and Regula- of twenty miles per hour. cant and a contact person primarily tions (c) “Class 3 electric bicycle” responsible for the vendor’s shared Within thirty days after the effec- means a bicycle that is equipped mobility device and bicycle opera- tive date of this ordinance, the with fully operable pedals and an tions; Director shall establish rules and electric motor of less than seven (2) Images and descriptions of the regulations governing the operation hundred fifty watts that provides devices and mobile application; of shared mobility device and bicy- assistance only when the rider is (3) Size of initial fleet at launch, cle vendors. Rules and regulations pedaling and ceases to provide including any planned fleet expan- will include, but are not limited to, assistance when the bicycle reaches applicable procedures, fee schedule, the speed of twenty-eight miles per sions; indemnification agreement, operat- hour. (4) Preferred service area at launch, including any planned ing regulations, insurance require- ments, maximum number of vendor Section 401.153 E-Scooter expansions; “E-Scooter” means a two-wheeled (5) Detailed plan for educating permits, maximum number of device that has handlebars, a floor users on proper shared mobility devices, fleet maintenance require- board, designed to be stood upon device operation and parking: ments, data sharing plan, and com- when operating and is powered by (6) Detailed plan for providing an munications plan. The issuance of electricity. The electricity is stored equitable shared mobility device permits and all permittees shall be on board in a rechargeable battery. and bicycle service; subject to the rules and regulations (7) Detailed plan for complying established by the Director. Section 401.231 Mobility Device with all applicable codified ordi- “Mobility device” means small nance requirements and rules and Section 517.05 Permit Conditions mobility devices, such as scooters, e- regulations; (a) Permittees and their agents scooters, e-bikes, or other similar (8) Any additional information shall comply with all of the require- devices. A mobility device does not deemed necessary by the Director. ments of this chapter and any include those designed solely for (b) Upon initial application, a per- applicable state law, and shall con- use by a child, or those used as mit shall be valid for not more than duct business in compliance with all assistive mobility devices by per- a 6-month demonstration period. Fol- applicable provisions of the Codified sons with disabilities. lowing successful completion of the Ordinances. demonstration period, as determined (b) Permittees and their agents Section 473.10 Parking of bicycle by performance criteria established shall be responsible for maintaining or mobility device by the Director of Capital Projects all devices and associated equip- (a) No person shall park a bicy- in the Rules and Regulations, the ment in good repair, and in a safe, cle or mobility device on a sidewalk permittee may apply for a 6-month sound, and non-hazardous condition. 1017 26 The City Record June 12, 2019

(c) Permittees and their agents before the Director within ten (10) Section 517.08 Contracts shall obey any lawful order of a days after such notification to deter- The Director is authorized to police officer to remove their shared mine whether the seizure was prop- enter into a cooperative agreement mobility devices from the public er. with Cuyahoga County (“County”) right-of-way if necessary to avoid (n) Notwithstanding any codified related to the operation of devices congestion or obstruction in an ordinance to the contrary, police and, if necessary, to receive pay- emergency. officers are authorized to provide ment of the City’s share of the per- (d) Permits shall be maintained for the removal of a mobility device trip fees charged or collected by the by the permittee in such a manner located in the public right-of-way in County under its Bicycle and Scoot- that they are readily accessible on violation of the provisions of this er Share Licensing authority. request from a City official. Each Chapter. Section 2. That Chapter 473 title, permit shall contain the following (o) As a condition of recovering Sections 473.01 through 473.03, 473.05, information: any equipment seized pursuant to and 473.07 of the Codified Ordi- (1) The name and address of the this section, the permittee shall pay nances of Cleveland, Ohio, 1976, as Permittee; an impound fee covering the actual amended by Ordinance No. 658-17, (2) A description of the permitted cost to the City of transporting and passed October 16, 2017, Section mobility device type and minimum storing such device and other asso- 473.08, as amended by Ordinance No. and maximum permitted fleet size; ciated equipment. 1684-76, passed June 29, 1976, Section (3) The expiration date of the per- 473.09, as amended by Ordinance No. mit; and Section 517.06 Permit Suspension 1473-06, passed June 11, 2007, and (4) Any other information the Revocation; Appeal Sections 431.03 and 431.15, as amend- Director deems appropriate.”. (a) A permit granted under this ed by Ordinance No. 1279-015, passed (e) Any device and other associ- Chapter may be suspended or April 24, 2017, are amended to read ated equipment placed in a public revoked by the Director at any time as follows: sidewalk, court, alley, street or if the permittee violates the condi- other public right-of-way without a tions or rules and regulations of the Chapter 473 – Bicycles, Motorcy- permit issued under this section permit. Additionally, if the operation cles, Mobility Devices may be seized and removed. Prior to of shared mobility device and bicy- such seizure and removal, the per- cle rentals on City streets and Section 473.01 Code Application to mittee shall be notified and asked rights-of-way become a hazard or Bicycles and Mobility Devices to immediately begin to remove the risk to the health, safety and wel- (a) The provisions of this Traffic devices and associated equipment, fare of the public, the Director may Code that are applicable to bicycles and to complete the removal within revoke existing permits and discon- and mobility devices apply whenev- a reasonable amount of time. If the tinue the issuance of permits under er a bicycle or mobility device is permittee fails to remedy the viola- this Chapter. Upon suspension or operated upon any highway or upon tion, the city may seize and remove revocation of a permit, the permit- any path set aside for the exclusive the equipment. tee shall, at no cost to the City, use of bicycles or mobility devices. (f) The permittee shall maintain remove all devices from the right-of- (b) The provisions of this Traffic insurance and limits of liability, the way. Code shall apply to bicycles and amounts to be specified in the Direc- (b) The Director shall give writ- mobility devices, and any person tor’s rules and regulations, at no ten notice of suspension or revoca- operating a bicycle or mobility cost to the City of Cleveland. tion of the permit to the permittee device on a street shall comply with (g) If a permit is granted, per- or his or her agent stating the rea- all operational rules and traffic con- mittee shall agree to indemnify the sons therefor. The action shall be trol devices applicable to vehicular City of Cleveland against liability, effective upon giving such notice to traffic, whenever possible. loss, or damage. the permittee or to his or her agent, (c) Except as provided in division (h) Any damage to City of Cleve- and the permittee shall have five (e) of this section, a bicycle or land property from shared mobility (5) business days to remove all mobility device operator who vio- devices shall be paid by the per- devices from the public right-of-way. lates any provision of this Traffic mittee. If the business owner or operator of Code described in division (a) of (i) No permit shall be transferable the equipment fails to comply, the this section that is applicable to in any manner. City may seize and remove the bicycles and mobility devices may (j) No permittee has the exclusive devices. be issued a ticket, citation, or sum- right to operate within the City of (c) Within five (5) days of receipt mons by a law enforcement officer for the violation in the same man- Cleveland. of the notice, the permittee may ner as the operator of a motor vehi- (k) When any device or other request a hearing before the Direc- cle would be cited for the same associated equipment placed on a tor. The Director shall forthwith violation. A person who commits public sidewalk, court, alley, street hold the requested hearing, at which any such violation while operating or other public right-of-way poses a time the permittee shall be afforded a bicycle or mobility device shall risk or inhibits access to the right the opportunity to give his or her not have any points assessed of way by other users, the permit- version of the facts which gave rise against the person’s driver’s license, tee shall be notified and asked to to the Director’s action. After the commercial driver’s license, tempo- immediately begin to remove the hearing the Director shall determine rary instruction permit, or proba- devices and associated equipment, whether to reinstate the permit or tionary license under RC 4510.036. and to complete the removal within to permanently rescind it. The (d) Except as provided in division a reasonable amount of time. If the action of the Director may be (e) of this section, in the case of a permittee fails to remedy the viola- appealed in accordance with the pro- violation of any provision of this tion, the City may seize and remove visions of the Charter. Traffic Code described in division the equipment. (a) of this section by a bicycle oper- (l) Any device that is parked in Section 517.07 Shared Mobility ator, a mobility device operator, or one location for more than seven (7) Fund by a motor vehicle operator when consecutive days without moving The Director of Finance shall the trier of fact finds that the vio- may be seized and removed by the establish a Shared Mobility Fund for lation by the motor vehicle operator City. the purpose of supporting the expan- endangered the lives of bicycle rid- (m) Notwithstanding any other sion of multi-modal infrastructure ers or mobility device operators at provisions of this chapter, the City and programming. All permit and the time of the violation, the court, may seize any device and other per-trip fees collected or received notwithstanding any provision of associated equipment, whether under this chapter shall be ear- this Traffic Code or the Revised placed with or without a permit, marked to the Shared Mobility Fund Code to the contrary, may require without prior notice if the equip- to support multi-modal infrastruc- the bicycle operator, mobility device ment is placed in such a place or ture and programming, including operator or motor vehicle operator manner as to pose an immediate and bicycle and mobility device racks to take and successfully complete a serious danger to persons or prop- and shared bicycle and mobility bicycling or mobility device skills erty, or if the condition of the equip- device infrastructure. The Director course approved by the court in ment renders it unsafe, unsound, or of Capital Projects shall provide an addition to or in lieu of any penal- hazardous so as to pose an immedi- annual report to the members of ty otherwise prescribed by this Traf- ate and serious danger to persons or Council concerning the amount of fic Code or the Revised Code for property. After seizure, the City revenue collected and deposited into that violation. shall promptly notify the permittee, the Shared Mobility Fund and how (e) Divisions (c) and (d) of this and such individual shall have the the funds were spent during that section do not apply to violations of right to request an informal hearing reporting year. RC 4511.19 or Chapter 433. 1018 June 12, 2019 The City Record 27

Section 473.02 Operation of Bicy- instruction permit and temporary lower beams of head lamps on a cles, Motorcycles, Mobility Devices, instruction permit identification motor vehicle; and Snowmobiles card issued by the Registrar of (3) A lamp emitting either flash- (a) For purposes of this section, Motor Vehicles pursuant to RC ing or steady red light visible from “snowmobile” has the same meaning 4507.05 unless the person, at the a distance of five hundred (500) feet as given that term in RC 4519.01. time of such operation, is wearing to the rear shall be used in addition (b) (1) No person operating a on the person’s head a protective to the red reflector. If the red lamp bicycle, mobility device, or motorcy- helmet that has been approved by performs as a reflector in that it is cle shall ride other than upon or the United States Department of visible as specified in division astride the permanent and regular Transportation that conforms with (a)(2) of this section, the red lamp seat attached thereto, or carry any rules adopted by the Director. may serve as the reflector and a other person upon such bicycle, B. No person shall operate a separate reflector is not required. mobility device, or motorcycle other motorcycle with a valid temporary (b) Additional lamps and reflec- than upon a separate firmly instruction permit and temporary tors may be used in addition to attached and regular seat thereon, instruction permit identification those required under division (a) of and no person shall ride upon a card issued by the Registrar pur- this section, except that red lamps bicycle, mobility device, or motorcy- suant to RC 4507.05 in any of the and red reflectors shall not be used cle other than upon such a firmly following circumstances: on the front of the bicycle or mobil- attached and regular seat. 1. At any time when lighted lights ity device and white lamps and (2) A person operating a mobility are required by RC 4513.03(A)(1); white reflectors shall not be used on device without a permanent and reg- 2. While carrying a passenger; the rear of the bicycle or mobility ular seat attached thereto shall not 3. On any limited access highway device. ride other than standing upon the or heavily congested roadway. (c) A bicycle or mobility device footboard. (d) Nothing in this section shall may be equipped with a device capa- (3) No person shall ride upon a be construed as prohibiting the car- ble of giving an audible signal, motorcycle that is equipped with a rying of a child in a seat or trailer except that a bicycle or mobility saddle other than while sitting that is designed for carrying chil- device shall not be equipped with astride the saddle, facing forward, dren and is firmly attached to the nor shall any person use upon a with one leg on each side of the bicycle. bicycle or mobility device any siren motorcycle. (e) Except as otherwise provided or whistle. (4) No person operating a bicycle in this division, whoever violates (d) Every bicycle or mobility or a mobility device shall carry any division (b) or (c)(1) or (c)(3) of device shall be equipped with an package, bundle, or article that pre- this section is guilty of a minor mis- adequate brake when used on a vents the driver from keeping at demeanor. If, within one (1) year of street or highway. least one (1) hand upon the han- the offense, the offender previously dlebars. has been convicted of or pleaded Section 473.07 Operating Bicycles, (5) No person operating an e- guilty to one (1) predicate motor Mobility Devices and Motorcycles on scooter should do so on any streets vehicle or traffic offense, whoever Roadway if the posted speed limit is over 35 violates division (b) or (c)(1) or (a) Every person operating a bicy- mph unless in a dedicated bike lane (c)(3) of this section is guilty of a cle or mobility device upon a road- or shared use path. misdemeanor of the fourth degree. way shall ride as near to the right (6) No person operating an e- If, within one (1) year of the side of the roadway where practica- scooter shall exceed a speed at offense, the offender previously has ble obeying all traffic rules applic- greater than twelve (12) miles per been convicted of two (2) or more able to vehicles and exercising due hour. predicate motor vehicle or traffic care when passing a standing vehi- (7) No bicycle, mobility device or offenses, whoever violates division cle or one (1) proceeding in the motorcycle shall be used to carry (b) or (c)(1) or (c)(3) of this sec- same direction. more persons than the number for tion is guilty of a misdemeanor of (b) Persons riding bicycles mobil- which it is designed and equipped. the third degree. ity devices or motorcycles upon a No motorcycle shall be operated on roadway shall ride not more than a street or highway when the han- Section 473.03 Prohibition against two (2) abreast in a single lane, dlebars rise higher than the shoul- Attaching to Vehicles except on shared-use paths or parts ders of the operator when the (a) No person riding upon any of roadways set aside for the exclu- operator is seated in the operator’s bicycle, mobility device, coaster, sive use of bicycles, mobility devices seat or saddle. roller skates, sled, or toy vehicle or motorcycles. (c) (1) Except as provided in divi- shall attach the same or self to any (c) This section does not require sion (c)(2) of this section, no per- streetcar, trackless trolley, or vehi- a person operating a bicycle to ride son shall operate or be a passenger cle upon a roadway. at the edge of the roadway when it on a snowmobile or motorcycle with- (b) No operator shall knowingly is unreasonable or unsafe to do so. out using safety glasses or other permit any person riding upon any Conditions that may require riding protective eye device. Except as pro- bicycle, mobility device, coaster, away from the edge of the roadway vided in division (c)(2) of this sec- roller skates, sled, or toy vehicle to include when necessary to avoid tion, no person who is under the age attach the same or self to any fixed or moving objects, parked or of eighteen (18) years, or who holds streetcar, trackless trolley, or vehi- moving vehicles, surface hazards, or a motorcycle operator’s endorsement cle while it is moving upon a road- if it otherwise is unsafe or imprac- or license bearing a “novice” desig- way. ticable to do so, including if the nation that is currently in effect as (c) This section does not apply to lane is too narrow for the bicycle provided in RC 4507.13, shall operate towing a disabled vehicle. and an overtaking vehicle to travel a motorcycle on a highway, or be a safely side by side within the lane. passenger on a motorcycle, unless Section 473.05 Bicycle and Mobili- wearing a United States Department ty Device Signal Devices, Lights, Section 473.08 Reckless Operation; of Transportation-approved protec- Reflectors and Brakes Control, Course and Speed tive helmet on the person’s head, (a) Every bicycle or mobility No person shall operate a bicycle and no other person shall be a pas- device when in use at the times or mobility device: senger on a motorcycle operated by specified in Section 437.02, shall be (a) Without due regard for the such a person unless similarly wear- equipped with the following: safety and rights of pedestrians and ing a protective helmet. The helmet, (1) A lamp mounted on the front drivers and occupants of all other safety glasses, or other protective of either the bicycle, mobility vehicles, and so as to endanger the eye device shall conform with rules device, or the operator that shall life, limb or property of any person adopted by the Director of Public emit a white light visible from a dis- while in the lawful use of the Safety. The provisions of this para- tance of at least five hundred (500) streets or sidewalks or any other graph or a violation thereof shall feet to the front and three hundred public or private property; not be used in the trial of any civil (300) feet to the sides. A generator- (b) Without exercising reasonable action. powered lamp that emits light only and ordinary control over such bicy- (2) Division (c)(1) of this section when the bicycle or mobility device cle or mobility device; does not apply to a person operat- is moving may be used to meet this (c) In a weaving or zigzag course ing an autocycle or cab-enclosed requirement. unless such irregular course is nec- motorcycle when the occupant com- (2) A red reflector on the rear essary for safe operation in compli- partment top is in place enclosing that shall be visible from all dis- ance with law; the occupants. tances from one hundred (100) feet (d) Without both hands upon the (3) A. No person shall operate a to six hundred (600) feet to the rear handle grips except when necessary motorcycle with a valid temporary when directly in front of lawful to give the required hand and arm 1019 28 The City Record June 12, 2019 signals, or as provided in Section (3) The operator of a vehicle or of Capital Projects shall provide the 473.02(d); trackless trolley overtaking and members of Council with a review (e) At a speed greater than is rea- passing another vehicle or trackless of this legislation at that time. sonable and prudent under the con- trolley proceeding in the same direc- Section 5. That this ordinance is ditions then existing; tion on a divided highway as declared to be an emergency mea- (f) Without complying with the defined in Section 431.31, a limited sure and, provided it receives the instructions of any traffic control access highway as defined in RC affirmative vote of two-thirds of all device applicable to vehicles unless 5511.02 or a highway with four (4) the members elected to Council, it otherwise directed by a police offi- or more traffic lanes, is not required shall take effect and be in force cer; to signal audibly to the vehicle immediately upon its passage and (g) Without giving the hand and being overtaken and passed. approval by the Mayor; otherwise it arm signals as provided in Section (RC 4511.27) shall take effect and be in force 431.15 when turning or altering (b) The operator of a motor vehi- from and after the earliest period course. cle overtaking a bicycle or mobility allowed by law. device proceeding in the same direc- Passed June 3, 2019. Section 473.09 Riding on Side- tion on a roadway shall leave a safe Effective June 5, 2019. walks distance, but not less than three (3) (a) No person shall ride a bicycle, feet, when passing the bicycle or mobility device, skateboard or roller mobility device and shall maintain skates upon a sidewalk within a that distance, and shall not increase Ord. No. 511-2019. business district. the speed of his or her vehicle, until By Council Members Zone and (b) No person shall ride a bicycle, safely past the overtaken bicycle or Kelley (by departmental request). An emergency ordinance authoriz- mobility device, skateboard or mobility device. The same require- ing the Director of Public Safety to roller-skates upon a sidewalk with- ments shall apply to the operator of a commercial motor vehicle, com- enter into one or more mutual aid in the City or paved area within a agreements with other political sub- mercial truck, commercial unit, or public park owned by the City when divisions in the State of Ohio for bus, except that the safe distance the Chief of Police or Traffic Con- additional police protection, fire, shall not be less than six (6) feet. trol Commissioner has prohibited and emergency medical services for However, in the case of a bus oper- the riding of a bicycle, skateboard aid and assistance in connection or roller- skates thereon and, with ated by a transit authority that has with the Major League Baseball the consent of the member or mem- implemented a training program Association 2019 All-Star Game bers of Council in whose ward(s) that promotes safe bus operation being held in Cleveland on July 9, the sidewalk or paved area within while overtaking a bicycle or mobil- 2019, along with associated events a public park is located has erected ity device, that safe distance shall and activities on days before and signs on or along such sidewalks or be not less than three (3) feet. after the day of the Game. paved areas setting forth such pro- (c) The operator of a motor vehi- Whereas, it is the intent of the hibition. cle overtaking a bicycle or mobility City to provide for, and mutually (c) Whenever a person is riding a device proceeding in the same direc- enhance, the police, fire, and emer- bicycle, mobility device, skateboard tion on a roadway shall vacate the gency medical service protection or roller skates upon a sidewalk lane in which the bicycle user is capabilities of the City and other within the City or paved area with- located if the roadway has two (2) municipalities in the Greater Cleve- in a public park owned by the City, or more marked lanes running in land area during the Major League such person shall yield the right-of- the same direction. Baseball Association 2019 All-Star way to any pedestrian and give an Game to be held in the City of audible signal before attempting to Section 431.15 Hand and Arm Sig- Cleveland on July 9, 2019, and the nals overtake and pass such pedestrian. associated events, activities, and (a) Except as provided in division (d) Whoever violates this section security concerns during and in the (b) of this section, all signals days before and after the Game for is guilty of a minor misdemeanor. required by this Traffic Code and the benefit of the public safety and (e) This section shall not apply to RC 4511.01 to 4511.78, when given by welfare during the time period of the Cleveland Divisions of Police, hand and arm, shall be given from approximately July 5, 2019, through Emergency Medical Services, and the left side of the vehicle in the July 10, 2019; and Fire personnel, nor to any private following manner, and such signals Whereas, this ordinance consti- safety/security personnel, when per- shall indicate as follows: tutes an emergency measure provid- sonnel are acting within the scope (1) Left turn, hand and arm ing for the usual daily operation of of their official duties while riding extended horizontally; a municipal department; now, there- a bicycle or mobility device. (2) Right turn, hand and arm fore, extended upward; Be it ordained by the Council of Section 431.03 Overtaking and (3) Stop or decrease speed, hand the City of Cleveland: Passing of Vehicles Proceeding in and arm extended downward. Section 1. That the Director of the Same Direction (b) As an alternative to division Public Safety is authorized to enter (a) The following rules govern (a)(2) of this section, a person oper- into one or more mutual aid agree- the overtaking and passing of vehi- ating a bicycle or mobility device ments with other political subdivi- cles or trackless trolleys proceeding may give a right turn signal by sions in the State of Ohio for in the same direction: extending the right hand and arm additional police protection, fire, (1) The operator of a vehicle or horizontally and to the right side of and emergency medical services in trackless trolley overtaking another the bicycle or mobility device. connection with the Major League vehicle proceeding in the same Section 3. That existing Chapter Baseball Association 2019 All-Star direction shall, except as provided 473 title, Sections 473.01 through Game to be held in the City of Cleveland on July 9, 2019, and the in division (a)(3) of this section, 473.03, 473.05, and 473.07 of the Cod- associated events, activities, and signal to the vehicle or trackless ified Ordinances of Cleveland, Ohio, security concerns during the time trolley to be overtaken, shall pass 1976, as amended by Ordinance No. period including and surrounding to the left thereof at a safe distance, 658-17, passed October 16, 2017, Sec- and shall not again drive to the the Game of approximately July 5, tion 473.08, as amended by Ordi- 2019, through July 10, 2019. right side of the roadway until safe- nance No. 1684-76, passed June 29, Section 2. The Director of Law ly clear of the overtaken vehicle or 1976, Section 473.09, as amended by shall review all such agreements to trackless trolley. When a motor Ordinance No. 1473-06, passed June determine that the terms and condi- vehicle or trackless trolley over- 11, 2007, and Sections 431.03 and tions are appropriate and consistent takes and passes a bicycle or mobil- 431.15, as amended by Ordinance No. with the City’s interests. ity device, three (3) feet or greater 1279-015, passed April 24, 2017, are Section 3. That this ordinance is is considered a safe passing dis- repealed. declared to be an emergency mea- tance. Section 4. That the provisions of sure and, provided it receives the (2) Except when overtaking and this ordinance shall take effect thir- affirmative vote of two-thirds of all passing on the right is permitted, ty days after the effective date of the members elected to Council, it the operator of an overtaken vehicle this ordinance. The provisions of shall take effect and be in force shall give way to the right in favor this ordinance shall be of no force immediately upon its passage and of the overtaking vehicle at the lat- and effect one year after the effec- approval by the Mayor; otherwise it ter’s audible signal, and the opera- tive date of this ordinance unless shall take effect and be in force tor shall not increase the speed of reauthorized by Cleveland City from and after the earliest period the operator's vehicle until com- Council. Consideration for reautho- allowed by law. pletely passed by the overtaking rization shall take place one month Passed June 3, 2019. vehicle. prior to expiration, and the Director Effective June 5, 2019. 1020 June 12, 2019 The City Record 29

Ord. No. 514-2019. By Council Member McCormack. An ordinance establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). Be it ordained by the Council of the City of Cleveland: Section 1. That a Mapped Building Setback of zero (0) feet from the property line shall be established on the northern frontages of parcels of land along the south eastern side of Carter Road between the southwestern line of a parcel of land quit-claimed unto Irishtown Bend Condominium Association on July 2, 2018 and known as being Block A in the Carter Road Subdivision of part of Original Brooklyn Township Lot No. 70, as shown by the plat recorded as Instrument No. 2018011260402 (formerly AFN #201801260382) of Cuyahoga County Records also known as Permanent Parcel No. (PPN) 004-26-041; and the eastern line of a parcel of land conveyed by deed to Lake Link LLC on January 26, 2018 and known as being Sublot No. 12 in said Subdivision, as shown by the afore- mentioned plat of Cuyahoga County Records (PPN: 004-26-040); And as identified on the attached map, the zero (0) foot mapped building setback from the property line is here- by established on the Building Zone Maps of the City of Cleveland; Section 2. That the changes described in Section 1 shall be identified as Map Change No. 2600, 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.

Passed June 3, 2019. Effective July 3, 2019. 1021 30 The City Record June 12, 2019

Ord. No. 516-2019. Section 2. That the cost of the from and after the earliest period By Council Members Griffin, John- acquiring, accepting, and recording allowed by law. son and Brancatelli (by departmen- the easement rights shall be $1.00 Passed June 3, 2019. tal request). and other valuable consideration Effective June 5, 2019. An emergency ordinance authoriz- which is determined to be fair mar- ing the acquisition and recording of ket value or the amount of the jury certain easement interests from verdict in the event eminent domain Uptown Three L.P. for use of a pub- is needed to acquire the easement Ord. No. 536-2019. lic sidewalk to be used as a drop- interests in and to the premises. The By Council Members Keane and off area for students and residents, purchase price, appraisal, title, Kelley (by departmental request). for the Office of Capital Projects. escrow, and all other costs incurred An emergency ordinance authoriz- Whereas, this ordinance consti- in acquiring and recording the ease- ing the purchase by one or more tutes an emergency measure provid- ment interests shall be paid from requirement contracts of disposal of ing for the usual daily operation of the fund or funds deemed appropri- debris at landfills, for the Divisions a municipal department; now, there- ate by the Director of Finance. of Water, Cleveland Public Power, fore, Section 3. That the Director of and Water Pollution Control, Depart- Be it ordained by the Council of Capital Projects is authorized to ment of Public Utilities, for a peri- the City of Cleveland: execute any documents on behalf of od of two years. Section 1. That notwithstanding the City of Cleveland necessary to Whereas, this ordinance consti- and as an exception to the Codified effect the purposes of this ordi- tutes an emergency measure provid- Ordinances of Cleveland, Ohio, 1976, nance. ing for the usual daily operation of the Commissioner of Purchases and Section 4. That this ordinance is a municipal department; now, there- Supplies is authorized to acquire, declared to be an emergency mea- fore, accept, and record certain easement sure and, provided it receives the Be it ordained by the Council of rights from Uptown Three L.P. for affirmative vote of two-thirds of all the City of Cleveland: use of a public sidewalk to be used the members elected to Council, it Section 1. That the Director of as a drop-off area for students and shall take effect and be in force Public Utilities is authorized to residents, in and to the premises immediately upon its passage and make one or more written require- more particularly described as fol- approval by the Mayor; otherwise it ment contracts under the Charter lows: shall take effect and be in force and the Codified Ordinances of from and after the earliest period Cleveland, Ohio, 1976, for the SIDEWALK EASEMENT ON allowed by law. requirements for a period of two P.P.N. 120-23-016 Passed June 3, 2019. years of the necessary items of dis- Effective June 5, 2019. posal of debris at landfills, in the Situated in the City of Cleveland, approximate amount as purchased County of Cuyahoga and State of during the preceding term, to be Ohio and known as being part of purchased by the Commissioner of Parcel “A-1” in the Plat of Lot Split Ord. No. 535-2019. Purchases and Supplies on a unit of Parcel “A” of part of Original 100 Acre Lot No. 395 as shown by the By Council Members Griffin and basis for the Divisions of Water, plat recorded in Volume 373, Page Kelley (by departmental request). Cleveland Public Power, and Water 55 of Cuyahoga County Map Records An emergency ordinance authoriz- Pollution Control, Department of and further known as being part of ing the Director of Public Health to Public Utilities. Bids shall be taken Parcel “G” in the Lot Split and Con- enter into one or more contracts in a manner that permits an award solidation of Parcels “A-1” and “A-2” with The Center on Urban Poverty to be made for all items as a single as recorded in the A.F.N. and Community Development at contract, or by separate contract for 201903180407 of Cuyahoga County Case Western Reserve University to each or any combination of the Map Records and bounded and provide evaluation services for the items as the Board of Control deter- described as follows: MomsFirst Program, for a period of mines. Alternate bids for a period Beginning at the intersection of one year. less than the specified term may be the centerline of Euclid Avenue Whereas, this ordinance consti- taken if desired by the Commis- (State Route 20) (80 feet wide) and tutes an emergency measure provid- sioner of Purchases and Supplies the centerline of East 115th Street ing for the usual daily operation of until provision is made for the (formerly Rosedale Avenue) (50 feet a municipal department; now, there- requirements for the entire term. wide); fore, Section 2. That under Section Thence North 31°07'22" West Be it ordained by the Council of 108(b) of the Charter, the purchases along the centerline of East 115th the City of Cleveland: authorized by this ordinance may be Street, 41.61 feet to a point; Section 1. That the Director of made through cooperative arrange- Thence North 42°52'53" East to Public Health is authorized to enter ments with other governmental the intersection of the easterly right into one or more contracts with The agencies. The Director of Public of way of East 115th Street and the Center on Urban Poverty and Com- Utilities may sign all documents northerly right of way of Euclid munity Development at Case West- that are necessary to make the pur- Avenue; ern Reserve University to provide chases, and may enter into one or Thence North 31°07'22" West evaluation services for the Moms- more contracts with the vendors along the easterly right of way of First Program, for a period of one selected through that cooperative East 115th Street, 26.06 feet to a year. The services shall include but process. point and the PRINCIPAL PLACE not be limited to, attend regular pro- Section 3. That the costs of the OF BEGINNING of the easement ject meetings, provide interim pre- contract or contracts shall be herein described; sentations and annual reporting, charged against the proper appro- Thence North 31°07'22" West, con- provide input on MomsFirst’s quali- priation accounts and the Director tinuing along the easterly right of ty improvement plan, provide assis- of Finance shall certify the amount way of East 115th Street, 71.00 feet tance with the Local Evaluation of any purchase under the contract, to a point; Report, provide an in-depth analysis each of which purchases shall be Thence North 58°52'38" East, 0.88 of individual client-level social made on order of the Commissioner feet to a point; determinants of health factors and of Purchases and Supplies by a Thence South 47°07'22" East, 6.49 their association with program delivery order issued against the feet to a point; receipt and birth outcomes, and contract or contracts and certified Thence South 31°07'22" East, 64.77 other services. by the Director of Finance. (RQN feet to a point; Section 2. That the aggregate 2002, RL 2019-12) Thence South 58°52'38" West 2.67 costs of these contracts shall not Section 4. That this ordinance is feet to the PRINCIPAL PLACE OF exceed $89,000 and shall be paid declared to be an emergency mea- BEGINNING and containing 0.0042 from Fund No. 01-5005-6320, RQS sure and, provided it receives the acres (184 square feet) of land as 5005, RL 2019-43. affirmative vote of two-thirds of all described by Edward B. Dudley, P.S. Section 3. That this ordinance is the members elected to Council, it No. 6747 of The Riverstone Compa- declared to be an emergency mea- shall take effect and be in force ny in January 2019 subject to all sure and, provided it receives the immediately upon its passage and legal highways, restrictions, reser- affirmative vote of two-thirds of all approval by the Mayor; otherwise it vations and easements. the members elected to Council, it shall take effect and be in force Legal Description approved by shall take effect and be in force from and after the earliest period Greg Esber, Section Chief, Plats, immediately upon its passage and allowed by law. Surveys and House Numbering Sec- approval by the Mayor; otherwise it Passed June 3, 2019. tion. shall take effect and be in force Effective June 5, 2019. 1022 June 12, 2019 The City Record 31

Ord. No. 540-2019. Building at Cleveland Hopkins Be it ordained by the Council of By Council Members Cleveland International Airport, Department of the City of Cleveland: and Kelley (by departmental Port Control, for a period of two Section 1. That the Director of request). years, with three one-year options to Port Control is authorized to enter An emergency ordinance authoriz- renew, the first of which requires into a Lease Agreement (“Lease”) ing the Director of Port Control to additional legislative authority. with KeyBank National Association enter into a Lease Agreement with Whereas, this ordinance consti- (“Lessee”) for use and occupancy of Swissport USA, Inc. for the lease of tutes an emergency measure provid- an approximately 23,546-square foot space located in the passenger ter- ing for the usual daily operation of hangar and approximately 2.6-acre minal building at Cleveland Hop- a municipal department; now, there- parcel of land on Cargo Road at kins International Airport to fore, Cleveland Hopkins International support its ground handling and Be it ordained by the Council of Airport (“Leased Premises”) to other airline support service opera- the City of Cleveland: maintain and operate a corporate tions for multiple airlines, for a peri- Section 1. That the Director of aircraft hangar facility for aircraft od of two years, with three one-year Port Control is authorized to enter owned by Lessee at Cleveland Hop- options to renew, the first of which into a Lease Agreement (“Lease”) kins International Airport. The term requires additional legislative with United Airlines Inc. (“Lessee”) of the Lease shall be for a ten-year authority. for use and occupancy of approxi- period, with two five-year options to Whereas, this ordinance consti- mately 5,461 square feet of space of renew, the first of which requires tutes an emergency measure provid- office and warehouse space located additional legislative authority. The ing for the usual daily operation of in the South Cargo Facility Building first of the five-year options to a municipal department; now, there- at 6090 Cargo Road at Cleveland renew may be exercised by the fore, Hopkins International Airport Director of Port Control only if addi- Be it ordained by the Council of (“Leased Premises”) to support its tional legislative authority is the City of Cleveland: cabin cleaning operation and other obtained. If such additional legisla- Section 1. That the Director of support services operations. The tive authority is granted, the second Port Control is authorized to enter term of the Lease shall be for a peri- five-year option to renew may be into a Lease Agreement (“Lease”) od two-year period, with three one- exercised at the option of the Direc- with Swissport USA, Inc. (“Lessee”) year options to renew, the first of tor of Port Control, without the for use and occupancy of approxi- which requires additional legislative necessity of obtaining additional mately 944 square feet of space authority. The first of the one-year authority of this Council. For use of located on the ramp level beneath options to renew may be exercised the Leased Premises, Lessee shall Concourse A of the passenger ter- by the Director of Port Control only pay the City an annual rate deter- minal building at Cleveland Hop- if additional legislative authority is mined by an independent third party kins International Airport (“Leased obtained. If such additional legisla- appraisal. The rental amount will be Premises”) to support its ground tive authority is granted, the second adjusted annually on the effective handling and other airline support and third one-year options to renew date by CPI calculation, but never service operations for multiple air- may be exercised at the option of less than the initial rate. The rent lines. The term of the Lease shall the Director of Port Control, without is payable in twelve (12) equal be for a two-year period, with three the necessity of obtaining addition- monthly installments. one-year options to renew, the first al authority of this Council. For use Section 2. That the Lease autho- of which requires additional leg- of the Leased Premises, Lessee shall rized shall be prepared by the Direc- islative authority. The first of the pay the City a rate of $7.00 per tor of Law. one-year options to renew may be square foot, equaling $38,227 annu- Section 3. That this ordinance is exercised by the Director of Port ally, payable in twelve equal month- declared to be an emergency mea- Control only if additional legislative ly installments, which rate is sure and, provided it receives the authority is obtained. If such addi- determined by an independent third affirmative vote of two-thirds of all tional legislative authority is grant- party appraisal. The rental amount the members elected to Council, it ed, the second and third one-year will be adjusted annually on the shall take effect and be in force options to renew may be exercised effective date by CPI calculation, immediately upon its passage and at the option of the Director of Port but never less than the initial rate. approval by the Mayor; otherwise it Control, without the necessity of Section 2. The Lease authorized shall take effect and be in force obtaining additional authority of by this ordinance shall be prepared from and after the earliest period this Council. For use of the Leased by the Director of Law. allowed by law. Premises, Lessee shall pay the City Section 3. That this ordinance is Passed June 3, 2019. a rate of $95.18 per square foot, declared to be an emergency mea- Effective June 5, 2019. equaling $89,849.92 annually, sure and, provided it receives the payable in twelve equal monthly affirmative vote of two-thirds of all installments, which rate is based on the members elected to Council, it the 2019 airport’s annual rates and shall take effect and be in force Ord. No. 543-2019. charges calculation, subject to annu- immediately upon its passage and By Council Members Cleveland al changes based on said budget. approval by the Mayor; otherwise it and Kelley (by departmental Section 2. That the Lease autho- shall take effect and be in force request). rized shall be prepared by the Direc- from and after the earliest period An emergency ordinance authoriz- tor of Law. allowed by law. ing the Director of Port Control to Section 3. That this ordinance is Passed June 3, 2019. enter into a Lease with the United declared to be an emergency mea- Effective June 5, 2019. States Postal Service to maintain sure and, provided it receives the and operate a warehouse, sorting affirmative vote of two-thirds of all facility, and post office retail store the members elected to Council, it at Cleveland Hopkins International shall take effect and be in force Ord. No. 542-2019. Airport, for a period of five years, immediately upon its passage and By Council Members Cleveland with one five-year option to renew, approval by the Mayor; otherwise it and Kelley (by departmental which requires additional legislative shall take effect and be in force request). authority. from and after the earliest period An emergency ordinance autho- Whereas, this ordinance consti- allowed by law. rizing the Director of Port Control tutes an emergency measure provid- Passed June 3, 2019. to enter into a Lease with Key- ing for the usual daily operation of Effective June 5, 2019. Bank National Association to main- a municipal department; now, there- tain and operate an aviation fore, hangar facility for the storage and Be it ordained by the Council of maintenance for aircraft owned by the City of Cleveland: Ord. No. 541-2019. KeyBank at Cleveland Hopkins Section 1. That the Director of By Council Members Cleveland International Airport, for a period of Port Control is authorized to enter and Kelley (by departmental ten years, with two five-year options into a Lease Agreement (“Lease”) request). to renew, the first of which requires with the United States Postal Ser- An emergency ordinance authoriz- additional legislative authority. vice (“Lessee”) for use and occu- ing the Director of Port Control to Whereas, this ordinance consti- pancy of an approximately enter into a Lease Agreement with tutes an emergency measure provid- 115,660-square foot facility and United Airlines Inc. for the lease of ing for the usual daily operation of approximately 7.9-acre parcel of certain office and warehouse space a municipal department; now, there- land on Postal Road at Cleveland located in the South Cargo Facility fore, Hopkins International Airport 1023 32 The City Record June 12, 2019

(“Leased Premises”) to maintain the necessity of obtaining addition- 35° 16' 58" East along the easterly and operate a warehouse, sorting al authority of this Council. For use line of said land so conveyed, 139.80 facility, and post office retail store of the Leased Premises, Lessee shall feet to the Principal Place of Begin- at Cleveland Hopkins International pay the City a rate of $95.18 per ning of the easement herein intend- Airport. The term of the Lease shall square foot, equaling $22,557.66 ed to be described; be for a five-year period, with one annually, payable in twelve equal Thence continuing South 35° 16' five-year option to renew, which monthly installments, which rate is 58" East along the easterly line of requires additional legislative based on the 2019 airport’s annual said land so conveyed, 10.04 feet; authority. For use of the Leased rates and charges calculation, sub- Thence South 59° 45' 48" West, Premises, Lessee shall pay the City ject to annual changes based on 100.40 feet to a point in the wester- an annual rate determined by an said budget. ly line of said land so conveyed; independent third party appraisal. Section 2. That the Lease autho- Thence North 35° 16' 58" West The rental amount will be adjusted rized shall be prepared by the Direc- along the westerly line of said land annually on the effective date by tor of Law. so conveyed, 10.04 feet; CPI calculation, but never less than Section 3. That this ordinance is Thence North 59° 45' 48" East the initial rate. The rent is payable declared to be an emergency mea- 100.40 feet to the Principal Place of in twelve (12) equal monthly install- sure and, provided it receives the Beginning and containing 1003.95 ments. affirmative vote of two-thirds of all square feet (0.0230 acres) of land as Section 2. That the Lease autho- the members elected to Council, it described on January 17, 2019 by rized shall be prepared by the Direc- shall take effect and be in force R.M. Kole & Assoc., Corp., Profes- tor of Law. immediately upon its passage and sional Land Surveyors. Section 3. That this ordinance is approval by the Mayor; otherwise it Section 2. That, by and at the declared to be an emergency mea- shall take effect and be in force direction of the Board of Control, sure and, provided it receives the from and after the earliest period the Commissioner of Purchases and affirmative vote of two-thirds of all allowed by law. Supplies is authorized to convey the the members elected to Council, it Passed June 3, 2019. above-described easement interest to shall take effect and be in force Effective June 5, 2019. Cargill subject to any conditions immediately upon its passage and stated in this ordinance. The con- approval by the Mayor; otherwise it sideration to be paid for this prop- shall take effect and be in force erty shall not exceed the appraised from and after the earliest period Ord. No. 545-2019. value of $2,000, which is determined allowed by law. By Council Members Zone, Cleve- to be fair market value. Passed June 3, 2019. land, Brancatelli and Kelley (by Section 3. That the aerial utility Effective June 5, 2019. departmental request). easement shall be non-exclusive and An emergency ordinance authoriz- the purpose of the easement shall be ing the Director of Port Control to to install a telecommunication line execute a deed of easement granti- above a city-owned portion of 5300 Ord. No. 544-2019. ng to Cargill, Incorporated and its Whiskey Island Drive, known as By Council Members Cleveland successors and assigns, certain ease- Permanent Parcel No. 003-02-008. and Kelley (by departmental ment rights located above a city- Section 4. That the duration of the request). owned portion of 5300 Whiskey easement shall be perpetual but An emergency ordinance authoriz- Island Drive, and declaring that the shall revert to the City if aban- ing the Director of Port Control to easement rights granted are not doned; that the easement shall not enter into a Lease Agreement with needed for the City’s public use. be assignable without the consent of PrimeFlight Aviation Services, Inc. Whereas, Cargill, Incorporated the Director of Port Control; that the for the lease of space located in the and its successors and assigns easement shall require that Cargill passenger terminal building at (“Cargill”) has requested the Direc- provide reasonable insurance, main- Cleveland Hopkins International tor of Port Control to convey certain tain any Cargill improvements locat- Airport to support its ground han- aerial easement rights above a city- ed within the easement; pay any dling, skycap, and other airline sup- owned portion of 5300 Whiskey applicable taxes and assessments; port service operations for JetBlue Island Drive, known as Permanent and shall contain such other terms Airways and other airlines, for a Parcel No. 003-02-008, to install a and conditions that the Director of period of two years, with three one- telecommunication line; and Law determines to be necessary to year options to renew, the first of Whereas, the easement rights to protect and benefit the City. which requires additional legislative be granted are not needed for the Section 5. That the conveyance authority. City’s public use; and referenced above shall be made by Whereas, this ordinance consti- Whereas, this ordinance consti- official deed of easement prepared tutes an emergency measure provid- tutes an emergency measure provid- by the Director of Law and execut- ing for the usual daily operation of ing for the usual daily operation of ed by the Director of Port Control a municipal department; now, there- a municipal department; now, there- on behalf of the City of Cleveland. fore, fore, The Directors of Port Control and Be it ordained by the Council of Be it ordained by the Council of Law are authorized to execute any the City of Cleveland: the City of Cleveland: other documents, including without Section 1. That the Director of Section 1. That, notwithstanding limitation, contracts for right of Port Control is authorized to enter and as an exception to the provi- entry, as may be necessary to effect into a Lease Agreement (“Lease”) sions of Chapters 181 and 183 of the this ordinance. with PrimeFlight Aviation Services, Codified Ordinances of Cleveland, Section 6. That this ordinance is Inc. (“Lessee”) for use and occu- Ohio, 1976, it is found and deter- declared to be an emergency mea- pancy of approximately 237 square mined that an aerial utility ease- sure and, provided it receives the feet of space located on the ramp ment interest located above the affirmative vote of two-thirds of all level beneath Gate C-6 on Concourse following described property is not the members elected to Council, it C of the passenger terminal build- needed for the City’s public use: shall take effect and be in force ing at Cleveland Hopkins Interna- Legal Description of Easement immediately upon its passage and tional Airport (“Leased Premises”) over PPN 003-02-008 approval by the Mayor; otherwise it to support its ground handling, sky- Situated in the City of Cleveland, shall take effect and be in force cap, and other airline support ser- County of Cuyahoga and State of from and after the earliest period vice operations for JetBlue Airways Ohio and known as being part of allowed by law. and other airlines. The term of the Original Brooklyn Township Lot No. Passed June 3, 2019. Lease shall be for a two-year peri- 50. Effective June 5, 2019. od, with three one-year options to Starting at the southeast corner of renew, the first of which requires Whiskey Island Drive Extension, additional legislative authority. The 35.00 feet wide, as shown by the first of the one-year options to Dedication Plat recorded in Volume Ord. No. 546-2019. renew may be exercised by the 268, Pages 11-12 of Cuyahoga Coun- By Council Members Griffin, John- Director of Port Control only if addi- ty Map Records, said point also son, Brancatelli and Kelley (by tional legislative authority is being in the easterly line of the departmental request). obtained. If such additional legisla- First Parcel of land conveyed to the An emergency ordinance authoriz- tive authority is granted, the second City of Cleveland in deed dated Feb- ing the Director of Public Works to and third one-year options to renew ruary 16, 1897 and recorded in Vol- execute a deed of easement granti- may be exercised at the option of ume 659, Page 145 of Cuyahoga ng to The East Ohio Gas Company the Director of Port Control, without County Deed Records; thence South dba Dominion Energy Ohio certain 1024 June 12, 2019 The City Record 33 easement rights in property located Course 6: Whereas, this ordinance consti- along Woodhill Road at the Ozell A. Thence North 89°25'32" East tutes an emergency measure provid- Dobbins, Sr. Maintenance Center, along the Right of Way of said ing for the usual daily operation of and declaring that the easement Sophia Ave, a distance of 5.38 feet a municipal department; now, there- rights granted are not needed for to the principle place of beginning fore, the City’s public use. and containing 0.0999 acre (4,352.47 Be it ordained by the Council of Whereas, The East Ohio Gas Com- square feet) of land, according to a the City of Cleveland: pany dba Dominion Energy Ohio surveyed by Steven J. Metcalf, Reg- Section 1. That notwithstanding (“Dominion”) has requested the istered Surveyor No. 8622-Ohio of and as an exception to the provi- Director of Public Works to convey Neff & Associates, dated February sions of Chapter 181 and 183 of the certain easement rights in property 22, 2019. Codified Ordinances of Cleveland, along Woodhill Road at the Ozell A. Be the same more or less, but sub- Ohio, 1976, it is found and deter- Dobbins, Sr. Maintenance Center ject to all legal highways and ease- mined that the following described located at 3000 Woodhill Road and ments of record. property, which is a portion of City’s known as Permanent Parcel Number Section 2. That, by and at the Third District Police Station located 126-38-016; and direction of the Board of Control, at 4601 Chester Avenue and known Whereas, Dominion requires an the Commissioner of Purchases and as Permanent Parcel No. 104-31-017, easement to replace the natural gas Supplies is authorized to convey the is no longer needed for the City’s pipeline along the area; and above-described easement interest to public use: Whereas, the easement rights to Dominion subject to any conditions be granted are not needed for the stated in this ordinance. The con- TRANSFER PARCEL City’s public use; and sideration to be paid for this prop- Situated in the City of Cleveland, Whereas, this ordinance consti- erty shall not exceed the appraised County of Cuyahoga and State of tutes an emergency measure provid- value of $2,400, which is determined Ohio, and known as being part of ing for the usual daily operation of to be fair market value. Lot “2” of the Plat of Lot Split for a municipal department; now, there- Section 3. That the easement shall the City of Cleveland, of part of be exclusive and the purpose of the fore, Original 10 Acre Lots Nos. 96, 97 and easement shall be to replace the nat- Be it ordained by the Council of 98, as shown by the recorded plat in ural gas pipeline along the area. the City of Cleveland: volume 360 of maps, page 55, of Section 4. That the duration of the Section 1. That, notwithstanding Cuyahoga County Records, and fur- easement shall be perpetual; that and as an exception to the provi- ther described as follows: the easement shall not be assigna- sions of Chapters 181 and 183 of the Beginning at a point on the Codified Ordinances of Cleveland, ble without the consent of the Direc- tor of Public Works; that the southerly line of Perkins Avenue Ohio, 1976, it is found and deter- (70 feet wide), at its intersection mined that an easement interest in easement shall require that Domin- ion provide reasonable insurance, with the easterly line of Original 10 the following described property Acre Lot No. 96, said point being the located at the Ozell A. Dobbins, Sr. maintain any Dominion improve- Place of Beginning; Maintenance Center located at 3000 ments located within the easement; Thence S 81°55'00" W, along said Woodhill Road and known as Per- pay any applicable taxes and assess- southerly line of Perkins Avenue, a manent Parcel Number 126-38-016 is ments; and shall contain such other distance of 82.50 feet, to a point at not needed for the City’s public use: terms and conditions that the Direc- tor of Law determines to be neces- the most northeasterly corner of a parcel of land belonging to Brent 5 Foot Permanent Dominion Ener- sary to protect and benefit the City. gy Easement Section 5. That the conveyance Young & Mark Sudduth by Deed February 8, 2019 referenced above shall be made by Dated February 01, 1988, in Volume Situated in the City of Cleveland, official deed of easement prepared 88-0434, Page 04 of Cuyahoga Coun- County of Cuyahoga and State of by the Director of Law and execut- ty Deed Records said point wit- Ohio, and known as being part of ed by the Director of Public Works nessed by a 5/8" I.P. found 0.09' S. Original 100 acre lots 425 and 433 on behalf of the City of Cleveland. 0.50' W.; and is further bounded and The Directors of Public Works and Thence S 08°09'36" E, along the described as follows: Law are authorized to execute any easterly line of said parcel of land Beginning at drill hole found in a other documents, including without belonging to Brent Young & Mark stone located on the centerline of limitation, contracts for right of Sudduth, a distance of 163.60 feet, to Sophia Ave. 40' wide & at prolon- entry, as may be necessary to effect a point on the northerly line of Lot gation of the Westerly Right of this ordinance. “2”of the Plat of Lot Split for the Way of Woodhill Road (East 93rd) Section 6. That this ordinance is City of Cleveland, as shown by the 80' wide; declared to be an emergency mea- recorded plat in volume 360 of maps, Thence South 21°05'53" West sure and, provided it receives the page 55, of Cuyahoga County along the prolongation of the East- affirmative vote of two-thirds of all Records and 5/8" I.P. w/cap set; erly Right-of-Way line of said Wood- the members elected to Council, it Thence N81°55'00" E, along said hill Road a distance of 21.52 feet shall take effect and be in force northerly line of Lot “2”, a distance and the principal point of beginning; immediately upon its passage and of 11.00 feet, to a point; approval by the Mayor; otherwise it Thence N 08°09'36" W, along a Course 1: shall take effect and be in force line parallel to the aforesaid east- Thence South 21°05'53" West, from and after the earliest period erly line of a parcel of land belong- along the Right of Way of said allowed by law. ing to Brent Young & Mark Sudduth, Woodhill Road, a distance of 98.31 Passed June 3, 2019. a distance of 163.60 feet, to a point feet; Effective June 5, 2019. on the southerly line of Perkins Avenue(70 feet wide); Course 2: Thence S 81°55'00" W, along said Thence South 21°02'12" West, con- southerly line of Perkins Avenue, a tinuing along said Woodhill Road Ord. No. 547-2019. distance of 11.00 feet, to the Place Right of Way to a point on the By Council Members B. Jones, of Beginning; containing within said southerly line of the property con- Zone, Brancatelli and Kelley (by bounds 0.0413 acre of land, (1799.60 veyed to The City of Cleveland by departmental request). Sq. Ft.), be the same more or less, AFN# 201211280370, a distance of An emergency ordinance authoriz- but subject to all legal highway’s. 772.20 feet; ing the Commissioner of Purchases Section 2. That by and at the and Supplies to sell a portion of direction of the Board of Control, Course 3: City-owned property no longer need- the Commissioner of Purchases and Thence South 89°44'42" West, ed for public use located at 4601 Supplies is authorized to sell the along said northerly property line, a Chester Avenue to Richard and above-described property to Richard distance of 5.37 feet; Kathy Lehmann, for the purpose of and Kathy Lehmann at a price not access to their business. less than the Broker’s Opinion of Course 4: Whereas, Richard and Kathy Value of $500.00, which is deter- Thence North 21°02'12" East, a Lehmann have requested that the mined to be fair market value. distance of 774.15 feet; Director of Public Safety sell a por- Section 3. That the conveyance tion of City’s Third District Police shall be made by official deed pre- Course 5: Station located at 4601 Chester pared by the Director of Law and Thence North 21°05'53" East, a Avenue, known as Permanent Par- executed by the Mayor on behalf of distance of 96.33 feet to a point on cel No. 104-31-017, no longer needed the City of Cleveland. The deed the southerly Right of Way of said for the City’s public use, for the pur- shall contain necessary provisions, Sophia Ave.; pose of access to their business; and including restrictive reversionary 1025 34 The City Record June 12, 2019 interests as may be specified by the Section 4. That the permit shall License Tax Fund to pay the Coun- Board of Control or Director of Law, reserve to the City reasonable right ty portion of the project. which shall protect the City’s inter- of entry to the encroachment loca- (b) That if the Improvement is ests and shall specifically contain a tion. financed with State or Federal-aid provision against the erection of Section 5. That this ordinance is funds, eligible costs of the Improve- any advertising signs or billboards declared to be an emergency mea- ment shall be financed from the except permitted identification sure and, provided it receives the aforesaid funds. signs. affirmative vote of two-thirds of all (c) That if funds administered by Section 4. That the Director of the members elected to Council, it the Ohio Public Works Commission Public Safety is authorized to exe- shall take effect and be in force are used for this project, the amount cute any documents as may be nec- immediately upon its passage and of such funds will be deducted from essary to effectuate the purposes of approval by the Mayor; otherwise it designated project costs prior to the this ordinance. shall take effect and be in force application of the participatory per- Section 5. That this ordinance is from and after the earliest period centages specified in this ordinance. declared to be an emergency mea- allowed by law. (d) Within the corporate limits of sure and, provided it receives the Passed June 3, 2019. the City, the City will be responsi- affirmative vote of two-thirds of all Effective June 5, 2019. ble for 50% of the Non-Federal the members elected to Council, it Share of the cost of construction, shall take effect and be in force and construction supervision for the immediately upon its passage and Improvement. approval by the Mayor; otherwise it Ord. No. 552-2019. (e) Within the corporate limits of shall take effect and be in force By Council Members Johnson, the City, the City will be responsi- from and after the earliest period Brancatelli and Kelley (by depart- ble for 20% and the County will be allowed by law. mental request). responsible for 80% of the cost of Passed June 3, 2019. An emergency ordinance giving preparation of construction plans Effective June 5, 2019. consent of the City of Cleveland to and specifications, including neces- the County of Cuyahoga for the sary engineering reports for the resurfacing of Ridge Road from Improvement. Memphis Avenue to Denison (f) That the City agrees to deposit Ord. No. 551-2019. Avenue; authorizing the Director of with the Treasurer of Cuyahoga By Council Members B. Jones, Capital Projects to enter into agree- County the City’s share of the esti- Johnson and Brancatelli (by depart- ments; to apply for and accept an mated cost of the project or agrees mental request). allocation of County Motor Vehicle to enter into an escrow agreement An emergency ordinance authoriz- License Tax Funds; and to cause with the County prior to an award ing the Director of Capital Projects payment to the County for the City’s of a contract for the Improvement. to issue a permit to The Centers for share of the improvement. Section 4. Maintenance. That upon Families and Children to encroach Whereas, this ordinance consti- completion of the Improvement, the into the public right-of-way of tutes an emergency measure provid- City will keep the highway open to Euclid Avenue by installing, using, ing for the usual daily operation of traffic at all times; and and maintaining an ADA-compliant a municipal department; now, there- (a) Maintain the Improvement in entrance ramp and railing. fore, accordance with the provisions of Whereas, this ordinance consti- Be it ordained by the Council of the statutes relating thereto and tutes an emergency measure provid- ing for the usual daily operation of the City of Cleveland: make ample financial provisions for a municipal department; now, there- Section 1. Consent. That it is the maintenance; fore, declared to be in the public interest (b) Maintain the right-of-way and Be it ordained by the Council of that the consent of the City of Cleve- keep it free of obstructions in a the City of Cleveland: land is given to the County of Cuya- manner satisfactory to the County Section 1. That the Director of hoga (the “County”) to construct the and hold the right-of-way inviolate Capital Projects is authorized to following improvement under plans, for public highway purposes and issue a permit, revocable at the will specifications, and estimates permit no signs, posters, billboards, of Council, to The Centers for Fam- approved by the County: resurfacing roadside stands or other private ilies and Children, 4500 Euclid of Ridge Road from Memphis installations within the right-of-way Avenue, Cleveland, Ohio 44103 (“Per- Avenue to Denison Avenue in the limits; mittee”), to encroach into the public Cities of Cleveland and Brooklyn, (c) That the County shall contin- right-of-way of Euclid Avenue by County ID No. 1205 (the “Improve- ue to maintain the structural ele- installing, using, and maintaining ment”). ments of any bridge (defined as a an ADA-compliant entrance ramp Section 1a. That the Municipality’s structure with a span of twenty feet and railing at the following loca- rights and responsibilities under or greater) located within the limits tion: this Agreement shall be limited to of the Improvement under the Centered in front of the entrance the portion of Ridge Road from applicable sections of the Revised to 4500 Euclid Avenue, encroaching Memphis Avenue to Denison Avenue Code; and into the right-of way of Euclid that is located within its City lim- (d) After construction of the Avenue 3.5 feet and being 16.0 feet its. Improvement is complete, the City long. Section 2. Cooperation agrees to follow and maintain post- Section 2. That the Director of (a) That the City will cooperate construction Best Management Prac- Law shall prepare the permit autho- with the County in the Improve- tices as outlined in the Municipal rized by this ordinance and shall ment. Storm Water Permit that is filed incorporate such additional provi- (b) That the County will arrange with the Ohio Environmental Pro- sions as the Director of Law deter- for the preparation of construction tection Agency. mines necessary to protect and plans and specifications, including Section 5. Traffic. That on com- benefit the public interest. The per- necessary engineering reports for pletion of the Improvement, the City mit shall be issued only when, in the Improvement, under Current will keep the highway open to traf- the opinion of the Director of Law, Cuyahoga County standards for con- fic at all times; and the prospective Permittee has prop- struction of County roads and (a) Place and maintain all traffic erly indemnified the City against bridges. control devices conforming to the any loss that may result from the (c) That the County will arrange Ohio Manual of Uniform Traffic encroachments permitted. for the supervision and administra- Control Devices on the Improvement Section 3. That Permittee may tion of the construction project. in compliance with the provisions of assign the permit only with the (d) That the City agrees to Section 4511.11 of the Revised Code prior written consent of the Director assume and contribute 100% of the and other related sections of the of Capital Projects. That the cost of any items included in the Revised Code; encroaching structures permitted by construction contract at the request (b) That the street or highway this ordinance shall conform to of the City, which are determined by within the limits of the Improve- plans and specifications first the County to be not eligible or ment is designated a through high- approved by the Manager of the made necessary by the Improve- way as provided in division (A)(6) City’s Division of Engineering and ment. of Section 4511.07 of the Revised Construction. That Permittee shall Section 3. Funding Code; obtain all other required permits, (a) That the City agrees to coop- (c) That stop signs affecting the including but not limited to Build- erate with the County in the cost of movement of traffic on the street or ing Permits, before installing the the Improvement by an allocation highway within the Improvement encroachments. from the County Motor Vehicle shall be removed, and no stop signs 1026 June 12, 2019 The City Record 35 shall be erected on same except at alternate bid items, or other items Section 15. That the Clerk of Coun- its intersection with another in the Improvement that are in addi- cil is directed to transmit to the through highway where traffic does tion to those now existing and not County three (3) certified copies of not warrant the installation of a provided for elsewhere in this ordi- this ordinance immediately on its traffic control signal but where the nance, the County will do so, pro- taking effect. warrants for a “Four-Way Stop” as vided that the construction meets Section 16. That this ordinance is provided in the above-mentioned with the approval of the County and declared to be an emergency mea- Manual are met; the City; and that the City agrees to sure and, provided it receives the (d) That no rule or regulation pay, or make arrangements for the affirmative vote of two-thirds of all shall be enacted restricting the use payment of the cost of the con- the members elected to Council, it of the Improvement by any class of struction, cost of preliminary and shall take effect and be in force vehicle or vehicle load permitted by design engineering, and construc- immediately upon its passage and the Revised Code to use a public tion supervision. approval by the Mayor; otherwise it highway. Any existing rule or reg- (b) For purposes of this ordi- shall take effect and be in force ulation so restricting road usage is nance, the agent for the County and from and after the earliest period rescinded; and liaison officer shall be the County allowed by law. (e) The City shall regulate park- Engineer of Cuyahoga County, Ohio, Passed June 3, 2019. ing in the following manner: Pro- and/or such members of his staff as Effective June 5, 2019. hibit parking under Section 4511.66 he may designate. of the Revised Code unless other- (c) That the City agrees to con- wise controlled by local ordinance duct this transaction by electronic or resolution. means and agrees that all docu- Ord. No. 592-2019. Section 6. Right-of-Way ments requiring County signatures By Council Members Keane and (a) That all existing street and may be executed by electronic Kelley (by departmental request). public right-of-way within the City means, and that the electronic sig- An emergency ordinance authoriz- ing the Director of Public Utilities which is necessary for the Improve- natures affixed by the County to the to exercise the first option to renew ment shall be made available. documents shall have the same legal Contract No. PIRC 2018-3 with Ter- (b) That in the event any addi- effect as if that signature was man- race Construction Company, Inc. for tional right-of-way is required, the ually affixed to a paper version of the public improvement of installing City will arrange for the acquisi- the document. The City also agrees automated meter reading units on tion. on behalf of the aforementioned remaining residential and commer- Section 7. Utilities entities and persons to be bound by cial accounts, including Cleveland (a) That the City will make the provisions of Chapters 304 and Heights accounts and master meter arrangements with and obtain 1306 of the Revised Code as they vaults not yet converted. arrangements from all privately- pertain to electronic transactions, Whereas, under the authority of owned public utility companies and to comply with the electronic Ordinance No. 655-16, passed July 13, whose lines or structures will be signature policy of the County. 2016, the Director of Public Utilities affected by the Improvement, and Section 9. That the Director of entered into Contract No. PI 2017-8 the companies have agreed to make Capital Projects is authorized to with Utilicon Corp. (“Utilicon”) for any and all necessary arrangements enter into agreements necessary to the public improvement of installing in such a manner as to be clear of complete the Improvement. automated meter reading units on any construction called for by the Section 10. That the Director of remaining residential and commer- plans for the Improvement, and the Capital Projects is authorized to cial accounts, including Cleveland companies have agreed to make nec- apply to the County for approval to Heights accounts and master meter essary rearrangements immediately use County Motor Vehicle License vaults not yet converted; and after notification by the City. Tax funds to pay for the Improve- Whereas, under Board of Control (b) That the County will pay the ment, to accept the funds and to file Resolution No. 266-18, adopted July costs of alterations of governmen- all papers and execute all docu- 9, 2018, the City consented to the tally-owned utility facilities which ments necessary to receive the assignment by Utilicon of City Con- come within the provisions of Sec- funds; and that the funds are appro- tract No. PI 2017-18 to Terrace Con- tion 8204 (Utility Reimbursement priated for the purposes set forth struction Company, Inc. (“Terrace”) Eligibility) of the Ohio Department above. under new Contract No. PIRC 2018- of Transportation’s Real Estate Poli- Section 11. That the Director of 3; and cies and Procedures Manual to the Capital Projects is authorized to Whereas, Ordinance No. 655-16 same extent that it participates in apply for and accept any gifts or requires further legislation before the other costs of the Improvement, grants for this purpose from any exercising the first option to renew provided, however, that such partic- public or private entity; and that the on this contract; and ipation will not extend to any addi- Director is authorized to file all Whereas, this ordinance consti- tions or betterments of existing papers and execute all documents tutes an emergency measure provid- facilities. necessary to receive the funds under ing for the usual daily operation of (c) That it is agreed that the City this ordinance; and that the funds a municipal department; now, there- shall cooperate with the County to are appropriated for the purposes fore, make all arrangements of govern- described in this ordinance. Be it ordained by the Council of mentally-owned utilities and/or Section 12. That the Director of the City of Cleveland: appurtenances that do not comply Capital Projects is authorized to Section 1. That the Director of Public Utilities is authorized to with the provisions of Section 8204 accept a cash contribution from pub- exercise the first option to renew (Utility Reimbursement Eligibility) lic or private entitles, for infra- Contract No. PIRC 2018-3 with Ter- of the Ohio Department of Trans- structure restoration costs race for the public improvement of portation’s Real Estate Policies and associated with relocating, rehabili- installing automated meter reading Procedures Manual, whether tating or reconstructing utility units on remaining residential and whether inside or outside the corpo- infrastructure for the Improvement. commercial accounts, including rate limits, as may be necessary to The Director of Capital Projects is Cleveland Heights accounts and conform to the Improvement. authorized to enter into agreement6s master meter vaults not yet con- (d) That the construction, recon- with the entities for this purpose. verted. This ordinance constitutes struction, and/or arrangement of all Section 13. That this Council the additional legislative authority utilities shall be done in a manner requests the County to proceed with required by Ordinance No. 655-16 to as not to interfere unduly with the the Improvement. exercise this option. (RQN 2002, RL operation of the contractor con- Section 14. That this Council 2019-13) structing the Improvement, and all authorizes payment to the County Section 2. That this ordinance is backfilling of trenches made neces- for the City’s share of the Improve- declared to be an emergency mea- sary by utility rearrangements shall ment, payable from Fund Nos. 20 SF sure and, provided it receives the be performed under the provisions 520, 20 SF 528, 20 SF 534, 20 SF 540, affirmative vote of two-thirds of all of the ODOT Construction and Mate- 20 SF 546, 20 SF 554, 20 SF 563, 20 the members elected to Council, it rial Specifications. SF 568, 20 SF 574, 20 SF 579, 20 SF shall take effect and be in force Section 8. Miscellaneous 586, from the fund or funds to which immediately upon its passage and (a) That if the County is formal- are credited grant proceeds or cash approval by the Mayor; otherwise it ly requested by ordinance of this gifts and the proceeds from the sale shall take effect and be in force Council to include the construction future bonds, if issued for this pur- from and after the earliest period of sanitary sewers, water lines, area pose, and from any funds approved allowed by law. sewers (drainage of area surround- by the Director of Finance. (RQS Passed June 3, 2019. ing the Improvement), sidewalks, 0103, RL 2019-36) Effective June 5, 2019. 1027 36 The City Record June 12, 2019

Ord. No. 593-2019. replace parts or equipment to main- maintenance and support, including By Council Members Keane and tain various types of machines and Cisco Smartnet for networking and Kelley (by departmental request). equipment for the Department of telecommunication software, hard- An emergency ordinance authoriz- Public Utilities; and ware, and equipment, for a period of ing the Director of Public Utilities Whereas, Ordinance No. 431-16 one year, with a one-year option to to exercise the option to renew Con- requires further legislation before renew, exercisable by the Director tract No. RCD 2017-6 with Hach Co. exercising the option to renew on of Public Utilities. to maintain, service, calibrate, refur- these contracts; and The selection of the consultants bish, and test various scientific and Whereas, this ordinance consti- for the services shall be made by in-line process analytical instru- tutes an emergency measure provid- the Board of Control on the nomi- ments manufactured by Hach Co. ing for the usual daily operation of nation of the Director of Public Util- used to monitor the drinking water a municipal department; now, there- ities from a list of qualified purification process. fore, consultants available for employ- Whereas, under the authority of Be it ordained by the Council of ment as may be determined after a Ordinance No. 824-17, passed August the City of Cleveland: full and complete canvass by the 16, 2017, the Director of Public Util- Section 1. That the Director of Director of Public Utilities for the ities entered into Contract No. RCD Public Utilities is authorized to purpose of compiling a list. The 2017-6 with Hach Co. to maintain, exercise the options to renew Con- compensation to be paid for the ser- service, calibrate, refurbish, and test tract Nos. RC 2017-069 with Colony vices shall be fixed by the Board of various scientific and in-line process Hardware Corporation dba Phillips Control. The contract or contracts analytical instruments manufac- Contractors Supply, RC 2018-013 with authorized shall be prepared by the tured by Hach Co. used to monitor Southeastern Equipment Co., Inc., Director of Law, approved by the the drinking water purification and RC 2018-035 with Bain Enter- Director of Public Utilities, and cer- process; and prises, LLC for the purchase various tified by the Director of Finance. Whereas, Ordinance No. 824-17 types of machines and equipment, Section 2. That the Director of requires further legislation before and labor and materials to repair Public Utilities is authorized to exercising the option to renew on and/or replace parts or equipment to make one or more written require- this contract; and maintain various types of machines ment contracts under the Charter Whereas, this ordinance consti- and equipment, in the total estimat- and the Codified Ordinances of tutes an emergency measure provid- ed sum of $295,000, for the Depart- Cleveland, Ohio, 1976, for the ing for the usual daily operation of ment of Public Utilities. This requirements for a period of one a municipal department; now, there- ordinance constitutes the additional year, with a one-year option to fore, legislative authority required by renew, exercisable by the Director Be it ordained by the Council of Ordinance No. 431-16 to exercise of Public Utilities of the necessary the City of Cleveland: these options. items of Cisco hardware and soft- Section 1. That the Director of Section 2. That this ordinance is ware products, including those used Public Utilities is authorized to declared to be an emergency mea- for networking and telecommunica- exercise the option to renew Con- sure and, provided it receives the tion and for the phone system, tract No. RCD 2017-6 with Hach Co affirmative vote of two-thirds of all including maintenance and techni- to maintain, service, calibrate, refur- the members elected to Council, it cal support which have not been bish, and test various scientific and shall take effect and be in force acquired under the professional ser- in-line process analytical instru- immediately upon its passage and vices contract authorized above, in ments manufactured by Hach Co. approval by the Mayor; otherwise it the approximate amount as pur- used to monitor the drinking water shall take effect and be in force chased during the preceding term, to purification process at a cost not to from and after the earliest period be purchased by the Commissioner exceed $174,580. This ordinance con- allowed by law. stitutes the additional legislative Passed June 3, 2019. of Purchases and Supplies on a unit authority required by Ordinance No. Effective June 5, 2019. basis for the various divisions of the 824-17 to exercise this option. (RQS Department of Public Utilities. Bids 2002, RL 2019-33) shall be taken in a manner that per- Section 2. That this ordinance is mits an award to be made for all declared to be an emergency mea- Ord. No. 595-2019. items as a single contract, or by sep- sure and, provided it receives the By Council Members Keane and arate contract for each or any com- affirmative vote of two-thirds of all Kelley (by departmental request). bination of the items as the Board the members elected to Council, it An emergency ordinance authoriz- of Control determines. Alternate shall take effect and be in force ing the Director of Public Utilities bids for a period less than the spec- immediately upon its passage and to employ one or more computer ified term may be taken if desired approval by the Mayor; otherwise it software vendors to acquire or by the Commissioner of Purchases shall take effect and be in force renew Cisco maintenance and sup- and Supplies until provision is made from and after the earliest period port, including Cisco Smartnet, for for the requirements for the entire allowed by law. networking and telecommunication term. Passed June 3, 2019. software and equipment; and autho- Section 3. That under Section Effective June 5, 2019. rizing the purchase by one or more 108(b) of the Charter, the purchases requirement contracts of Cisco hard- authorized by this ordinance may be ware and software products, includ- made through cooperative arrange- ing those used for networking and ments with other governmental Ord. No. 594-2019. telecommunication and for the agencies. The Director of Public By Council Members Keane and phone system, and maintenance and Utilities may sign all documents Kelley (by departmental request). technical support, for the various that are necessary to make the pur- An emergency ordinance authoriz- divisions of the Department of Pub- chases, and may enter into one or ing the Director of Public Utilities lic Utilities, for a period of one year, more contracts with the vendors to exercise the options to renew var- with a one-year option to renew, selected through that cooperative ious contracts for the requirements exercisable by the Director of Pub- process. of various types of machines and lic Utilities. Section 4. That the Director of equipment, and labor and materials Whereas, this ordinance consti- Public Utilities is authorized to to repair and/or replace parts or tutes an emergency measure provid- enter into any third-party software equipment to maintain various types ing for the usual daily operation of license agreements necessary to of machines and equipment, for the a municipal department; now, there- effectuate the purposes of this ordi- Department of Public Utilities. fore, nance. Whereas, under the authority of Be it ordained by the Council of Section 5. That the costs of the Ordinance No. 431-16, passed May 9, the City of Cleveland: requirement contract or contracts 2016, the Director of Public Utilities Section 1. That the Director of shall be charged against the proper entered into Contract Nos. RC 2017- Public Utilities is authorized to appropriation accounts and the 069 with Colony Hardware Corpora- employ by contract or contracts one Director of Finance shall certify the tion dba Phillips Contractors Supply, or more computer software vendors amount of any purchase under the RC 2018-013 with Southeastern or one or more firms of computer contract, each of which purchases Equipment Co., Inc., and RC 2018-035 software vendors for the purpose of shall be made on order of the Com- with Bain Enterprises, LLC for the supplementing the regularly missioner of Purchases and Supplies purchase of various types of employed staff of the several depart- by a delivery order issued against machines and equipment, and labor ments of the City of Cleveland in the contract or contracts and certi- and materials to repair and/or order to acquire or renew Cisco fied by the Director of Finance. 1028 June 12, 2019 The City Record 37

Section 6. That the cost of the con- Section 3. That under Section of any procurement under the con- tract or contracts authorized shall 108(b) of the Charter, the purchases tract, each of which procurements be paid from Fund No. 52 SF 001. authorized by this ordinance may be shall be made on order of the Com- (RQS 2002, RL 2019-34) made through cooperative arrange- missioner of Purchases and Supplies Section 7. That this ordinance is ments with other governmental by a delivery order issued against declared to be an emergency mea- agencies. The Director of Public the contract or contracts and certi- sure and, provided it receives the Utilities may sign all documents fied by the Director of Finance. affirmative vote of two-thirds of all that are necessary to make the pur- (RQN 2002, RL 2019-9) the members elected to Council, it chases, and may enter into one or Section 3. That under Section shall take effect and be in force more contracts with the vendors 108(b) of the Charter, the procure- immediately upon its passage and selected through that cooperative ments authorized by this ordinance approval by the Mayor; otherwise it process. may be made through cooperative shall take effect and be in force Section 4. That the cost of the con- arrangements with other govern- from and after the earliest period tract or contracts authorized by this mental agencies. The Director of allowed by law. ordinance shall be paid from Fund Public Utilities may sign all docu- Passed June 3, 2019. No. 52 SF 001, and from the fund or ments that are necessary to make Effective June 5, 2019. funds to which are credited any the procurements, and may enter future bonds, if issued for this pur- into one or more contracts with the pose. (RQS 2002, RL 2019-35) vendors selected through that coop- Section 5. That this ordinance is erative process. Ord. No. 596-2019. declared to be an emergency mea- Section 4. That this ordinance is By Council Members Keane and sure and, provided it receives the declared to be an emergency mea- Kelley (by departmental request). affirmative vote of two-thirds of all sure and, provided it receives the An emergency ordinance authoriz- the members elected to Council, it affirmative vote of two-thirds of all ing the Director of Public Utilities shall take effect and be in force the members elected to Council, it shall take effect and be in force to employ one or more professional immediately upon its passage and immediately upon its passage and consultants or vendors to acquire approval by the Mayor; otherwise it approval by the Mayor; otherwise it licenses for data storage expansion shall take effect and be in force shall take effect and be in force or to develop data storage expan- from and after the earliest period from and after the earliest period sion solutions, and other related ser- allowed by law. allowed by law. vices and equipment, including but Passed June 3, 2019. Effective June 5, 2019. Passed June 3, 2019. not limited to, hardware, servers, Effective June 5, 2019. chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utili- Ord. No. 597-2019. ties; for a period of one year, with Ord. No. 621-2019. By Council Members Keane and two one-year options to renew, the By Council Members Conwell, Kelley (by departmental request). second of which requires additional Brancatelli and Kelley (by depart- An emergency ordinance authoriz- legislative authority. mental request). ing the procurement by one or more Whereas, this ordinance consti- An emergency ordinance approv- requirement contracts for the rental tutes an emergency measure provid- ing that the Cleveland Citywide of various types of heavy duty ing for the usual daily operation of Development Corporation, or its a municipal department; now, there- equipment, on an as-needed basis, designee, may enter into up to fore, for the Office of Radio Communica- eleven partially forgivable separate Be it ordained by the Council of tions, Divisions of Water, Cleveland loan contracts with Famicos Foun- the City of Cleveland: Public Power, and Water Pollution dation, Inc., or its designee, to reha- Section 1. That the Director of Control, Department of Public Utili- bilitate up to eleven vacant single Public Utilities is authorized to ties, for a period of two years. family homes on scattered sites employ by contract or contracts one Whereas, this ordinance consti- within the Circle North area of the or more consultants or vendors or tutes an emergency measure provid- Glenville neighborhood, and other one or more firms of consultants or ing for the usual daily operation of associated costs necessary to rede- vendors for the purpose of supple- a municipal department; now, there- velop the property, under the author- menting the regularly employed fore, ity of Ordinance No. 563-17, passed staff of the several departments of Be it ordained by the Council of August 16, 2017. the City of Cleveland to acquire the City of Cleveland: Whereas, under Ordinance No. 563- licenses for data storage expansion Section 1. That the Director of 17, passed August 16, 2017, this or to develop data storage expan- Public Utilities is authorized to Council authorized the Directors of sion solutions, and other related ser- make one or more written require- Community Development and/or vices and equipment, including but ment contracts under the Charter Economic Development to enter into not limited to, hardware, servers, and the Codified Ordinances of an agreement with Cleveland City- chassis, ancillary components, and Cleveland, Ohio, 1976, for the wide Development Corporation, or maintenance for the Division of requirements for a two year period its designees (“CCDC”), to imple- Water, Department of Public Utili- of the necessary items of the rental ment several programs in order to ties, for a period of one year, with of various types of heavy duty improve housing opportunities in two one-year options to renew, the equipment, on an as-needed basis, in the neighborhoods of the City of second of which requires additional the approximate amount as procured Cleveland; and legislative authority. during the preceding term, to be pro- Whereas, in 2018, the City entered The selection of the consultants or cured by the Commissioner of Pur- into a Fund Administration Agree- vendors for the services shall be chases and Supplies on a unit basis ment with CCDC to create several made by the Board of Control on the for the Office of Radio Communica- funds to implement housing pro- nomination of the Director of Public tions, Divisions of Water, Cleveland grams; and Utilities from a list of qualified con- Public Power, and Water Pollution Whereas, through the Fund sultants or vendors available for Control, Department of Public Utili- Administration Agreement and this employment as may be determined ties. Bids shall be taken in a man- authorizing legislation, the City after a full and complete canvass by ner that permits an award to be approves CCDC entering into up to the Director of Public Utilities for made for all items as a single con- eleven (11) partially forgivable sep- the purpose of compiling a list. The tract, or by separate contract for arate loan agreements with Famicos compensation to be paid for the ser- each or any combination of the Foundation, Inc., or its designee vices shall be fixed by the Board of items as the Board of Control deter- (“Famicos”) to rehabilitate up to Control. The contract or contracts mines. Alternate bids for a period eleven (11) vacant single family authorized shall be prepared by the less than the specified term may be homes on scattered sites within the Director of Law, approved by the taken if desired by the Commis- Circle North area of the Glenville Director of Public Utilities, and cer- sioner of Purchases and Supplies neighborhood, and other associated tified by the Director of Finance. until provision is made for the costs necessary to redevelop the Section 2. That the Director of requirements for the entire term. property; and Public Utilities is authorized to Section 2. That the costs of the Whereas, this ordinance consti- enter into any third-party software contract or contracts shall be tutes an emergency measure provid- license agreements necessary to charged against the proper appro- ing for the usual daily operation of effectuate the purposes of this ordi- priation accounts and the Director a municipal department; now, there- nance. of Finance shall certify the amount fore, 1029 38 The City Record June 12, 2019

Be it ordained by the Council of authority. The first of the one-year Director of Public Safety is autho- the City of Cleveland: options to renew may be exercised rized to donate fifty (50) new grow Section 1. That, through the Fund by the Director of Port Control only lights, approximately seventy (70) Administration Agreement autho- if additional legislative authority is used grow lights, ballasts, and two rized under Ordinance No. 563-17, obtained. If such additional legisla- Werner-brand ladders which are no passed August 16, 2017 and this tive authority is granted, the second longer needed for use by any depart- authorizing legislation, the Director and third one-year options to renew ment or office of the City and of Economic Development is autho- may be exercised at the option of desires to donate them, without title, rized to approve one or more par- the Director of Port Control, without to the Cleveland Metropolitan School tially forgivable loan agreements the necessity of obtaining addition- District; and to enter into one or between CCDC and Famicos to reha- al authority of this Council. more agreements if necessary to bilitate up to eleven (11) vacant sin- Section 2. That for use of the make the donation. gle family homes on scattered sites Leased Premises USO shall pay the Section 2. That, notwithstanding within the Circle North area of the City an annual fee of $1.00 and other Section 181.19 of the Codified Ordi- Glenville neighborhood, and other valuable consideration, which is nances of Cleveland, Ohio, 1976, the associated costs necessary to rede- determined to be fair market value. Director of Public Safety is autho- velop the properties. Section 3. That the Lease may rized to donate fifty (50) new grow Section 2. That the Executive authorize the USO to make improve- lights, approximately ten (10) used Summary for the loans, File No. 621- ments to the Leased Premises sub- grow lights, ballasts, and two Wern- 2019-B, made a part of this ordi- ject to the approval of appropriate er-brand ladders which are no nance as if fully rewritten, is City agencies and officials. longer needed for use by any depart- approved in all respects and shall Section 4. That the Director of ment or office of the City and not be changed without additional Port Control, the Director of Law, desires to donate them, without title, legislative authority. and other appropriate City officials to Benedictine High School; and to Section 3. That the costs of each are authorized to execute any other enter into one or more agreements partially forgivable separate loan documents and certificates, and take if necessary to make the donation. agreement shall not exceed $250,000 any other actions which may be nec- Section 3. That the agreement maximum, and shall be paid from essary or appropriate to effect the shall be prepared by the Director of the funds certified on Contract No. Lease authorized by this ordinance. Law. CT 9501 ST 2018*13 and from Fund Section 5. That the Lease autho- Section 4. That this ordinance is No. 20 SF 567 as identified in Ordi- rized by this ordinance shall be pre- declared to be an emergency mea- nance No. 563-17, passed August 16, pared by the Director of Law. sure and, provided it receives the 2017. Section 6. That this ordinance is affirmative vote of two-thirds of all Section 4. That the contract and declared to be an emergency mea- the members elected to Council, it other appropriate documents needed sure and, provided it receives the to complete the transaction autho- affirmative vote of two-thirds of all shall take effect and be in force rized by this legislation shall be the members elected to Council, it immediately upon its passage and reviewed and approved by the Direc- shall take effect and be in force approval by the Mayor; otherwise it tors of Economic Development and immediately upon its passage and shall take effect and be in force Law. approval by the Mayor; otherwise it from and after the earliest period Section 5. That this ordinance is shall take effect and be in force allowed by law. declared to be an emergency mea- from and after the earliest period Passed June 3, 2019. sure and, provided it receives the allowed by law. Effective June 5, 2019. affirmative vote of two-thirds of all Passed June 3, 2019. the members elected to Council, it Effective June 5, 2019. shall take effect and be in force immediately upon its passage and Ord. No. 625-2019. approval by the Mayor; otherwise it By Council Members Griffin and shall take effect and be in force Ord. No. 623-2019. Kelley (by departmental request). from and after the earliest period By Council Members Zone and An emergency ordinance authoriz- allowed by law. Kelley (by departmental request). ing the Director of Public Health to Passed June 3, 2019. An emergency ordinance authoriz- apply for and accept a grant from Effective June 5, 2019. ing the Director of Public Safety to the United States Department of donate grow lights, ballasts, and Homeland Security for 2019-20 two Werner-brand ladders seized as Biowatch Program. the result of a criminal conviction Whereas, this ordinance consti- Ord. No. 622-2019. to the Cleveland Metropolitan School tutes an emergency measure provid- By Council Members Cleveland District and to Benedictine High ing for the usual daily operation of and Kelley (by departmental School; and to enter into an agree- a municipal department; now, there- request). ment to make the donation. fore, An emergency ordinance authoriz- Whereas, Section 181.19 of the Be it ordained by the Council of ing the Director of Port Control to Codified Ordinances of Cleveland, the City of Cleveland: enter into a lease agreement with Ohio, 1976, authorizes the Commis- Section 1. That the Director of the United Service Organization, Inc. sioner of Purchases and Supplies to Public Health is authorized to apply for the use of a lounge and office sell personal property owned by the for and accept a grant in the space located in the Main Terminal City of Cleveland when no longer approximate amount of $302,260 and Building at Cleveland Hopkins needed or not suitable for the use of any other funds that become avail- International Airport, for a period of any department or office of the City; able during the grant term, from the two years, with three one-year and United States Department of Home- options to renew, the first of which Whereas, the City owns grow land Security to conduct the 2019-20 requires additional legislative lights, ballasts, and two Werner- Biowatch Program in accordance authority. brand ladders seized as the result of with the purposes set forth in the Whereas, this ordinance consti- a criminal conviction which are no executive summary; that the Direc- tutes an emergency measure provid- longer needed for use by any depart- ing for the usual daily operation of ment or office of the City and tor of Public Health is authorized to a municipal department; now, there- desires to donate them, without title, file all papers and execute all doc- fore, to the Cleveland Metropolitan School uments necessary to receive the Be it ordained by the Council of District and to Benedictine High funds under the grant; and that the the City of Cleveland: School for use in as part of their sci- funds are appropriated for the pur- Section 1. That the Director of ence, technology, engineering, and poses in the executive summary for Port Control is authorized to enter math (STEM) curriculum; and the grant. into a lease agreement with United Whereas, this ordinance consti- Section 2. That the executive sum- Services Organization, Inc. (“USO”) tutes an emergency measure provid- mary for the grant, File No. 625-2019- for approximately 1,400 square feet ing for the usual daily operation of A, made a part of this ordinance as of space located in the Main Termi- a municipal department; now, there- if fully rewritten, is approved in all nal Building at Cleveland Hopkins fore, respects and shall not be changed International Airport, to be used for Be it ordained by the Council of without additional legislative a lounge and office space, for a peri- the City of Cleveland: authority. od of two years, with three one-year Section 1. That, notwithstanding Section 3. That, unless expressly options to renew, the first of which Section 181.19 of the Codified Ordi- prohibited by the grant agreement, requires additional legislative nances of Cleveland, Ohio, 1976, the under Section 108(B) of the Charter, 1030 June 12, 2019 The City Record 39 purchases made under the grant Section 3. That the Director of Ord. No. 628-2019. agreement may be made through Public Health is authorized to By Council Members Griffin and cooperative arrangements with extend the term of the grant during Kelley (by departmental request). other governmental agencies. The the grant term. An emergency ordinance authoriz- Director of Public Health may sign Section 4. That the Director of ing the Director of Public Health to all documents and do all things that Public Health shall deposit the apply for and accept a grant from are necessary to make the purchas- grant accepted under this ordinance the Ohio Commission on Minority es, and may enter into one or more into a fund or funds designated by Health for the continuation of the contracts with the vendors selected the Director of Finance to imple- Cleveland Office on Minority Health. through that cooperative process. ment the program as described in Whereas, this ordinance consti- the file and appropriated for that The contracts shall be paid from the tutes an emergency measure provid- purpose. fund or funds to which are credited ing for the usual daily operation of Section 5. That the Director of any grant funds accepted under this a municipal department; now, there- Public Health is authorized to enter fore, ordinance. into one or more contracts with Section 4. That the Director of Be it ordained by the Council of Overdose Lifeline, Inc. and Preven- the City of Cleveland: Public Health shall have the author- ture to implement the grant as Section 1. That the Director of ity to extend the term of the grant described in the file. Public Health is authorized to apply during the grant term. Section 6. That the costs of the for and accept a grant in an approx- Section 5. That the Director of contract or contracts authorized by imate amount of $42,500 for each Public Health shall deposit the this ordinance shall be paid from year of the grant, and any other grant accepted under this ordinance the fund or funds to which are cred- funds that may become available into a fund or funds designated by ited the grant proceeds accepted during the grant term from the Ohio under this ordinance. the Director of Finance to imple- Commission on Minority Health for Section 7. That this ordinance is ment the program as described in the continuation of the Cleveland declared to be an emergency mea- the file and appropriated for that Office on Minority Health; that the purpose. sure and, provided it receives the affirmative vote of two-thirds of all Director is authorized to file all Section 6. That this ordinance is papers and execute all documents declared to be an emergency mea- the members elected to Council, it shall take effect and be in force necessary to receive the funds under sure and, provided it receives the the grant; and that the funds are affirmative vote of two-thirds of all immediately upon its passage and approval by the Mayor; otherwise it appropriated for the purposes the members elected to Council, it shall take effect and be in force described in the executive summary shall take effect and be in force from and after the earliest period for the grant contained in the file immediately upon its passage and allowed by law. described below. approval by the Mayor; otherwise it Passed June 3, 2019. Section 2. That the executive sum- shall take effect and be in force Effective June 5, 2019. mary for the grant, File No. 628-2019- from and after the earliest period A, made a part of this ordinance as allowed by law. if fully rewritten, is approved in all Passed June 3, 2019. respects and shall not be changed Effective June 5, 2019. Ord. No. 627-2019. without additional legislative By Council Members Griffin and authority. Kelley (by departmental request). Section 3. That the Director of An emergency ordinance authoriz- Public Health shall have the author- Ord. No. 626-2019. ing the Director of Public Health to ity to extend the term of the grant By Council Members Griffin and enter into one or more agreements during the grant term. Kelley (by departmental request). with the Ohio Department of Health Section 4. That the Director of An emergency ordinance authoriz- to reimburse the City of Cleveland Public Health shall deposit the ing the Director of Public Health to for monitoring, collecting, and ana- grant accepted under this ordinance apply for and accept a grant from lyzing radiation levels in the vicin- into a fund or funds designated by the Alcohol, Drug Addiction and ity of the Burke Lakefront Airport, the Director of Finance to imple- Mental Health Services Board of for a period of two years. ment the program as described in Cuyahoga County for the “This is Whereas, this ordinance consti- the file and appropriated for that (Not) About Drugs” Program; and tutes an emergency measure provid- purpose. authorizing the Director to enter ing for the usual daily operation of Section 5. That this ordinance is into one or more contracts with a municipal department; now, there- declared to be an emergency mea- Overdose Lifeline, Inc. and Preven- fore, sure and, provided it receives the ture to implement the grant. Be it ordained by the Council of affirmative vote of two-thirds of all the City of Cleveland: Whereas, this ordinance consti- the members elected to Council, it Section 1. That the Director of tutes an emergency measure provid- shall take effect and be in force Public Health is authorized to enter ing for the usual daily operation of immediately upon its passage and into one or more agreements with approval by the Mayor; otherwise it a municipal department; now, there- the Ohio Department of Health to shall take effect and be in force fore, reimburse the City of Cleveland for from and after the earliest period Be it ordained by the Council of monitoring, collecting, and analyz- allowed by law. the City of Cleveland: ing radiation levels in the vicinity Passed June 3, 2019. Section 1. That the Director of of the Burke Lakefront Airport, for Public Health is authorized to apply a period of two years, and the funds Effective June 5, 2019. for and accept a grant in the are appropriated for this purpose. approximate amount of $67,500.00, The Director of Public Health is and any other funds that may authorized to file all papers and become available during the grant execute all documents necessary to Ord. No. 629-2019. term from the Alcohol, Drug Addic- receive the funds under this ordi- By Council Members Johnson and Kelley (by departmental request). tion and Mental Health Services nance. An emergency ordinance authoriz- Board of Cuyahoga County for the Section 2. That funds received ing the Director of Capital Projects “This is (Not) About Drugs” Pro- under this ordinance shall be to employ one or more professional gram; that the Director is autho- deposited into Fund 10 SF 812, and shall be used for operation of the consultants to provide various engi- rized to file all papers and execute neering, testing, and related ser- all documents necessary to receive Division of Air Quality. Section 3. That this ordinance is vices needed for various capital the funds under the grant; and that declared to be an emergency mea- improvement projects, for the Divi- the funds are appropriated for the sure and, provided it receives the sion of Engineering and Construc- purposes described in the executive affirmative vote of two-thirds of all tion, Office of Capital Projects, on summary for the grant contained in the members elected to Council, it an as-needed basis, for a period up the file described below. shall take effect and be in force to two years. Section 2. That the executive sum- immediately upon its passage and Whereas, this ordinance consti- mary for the grant, File No. 626-2019- approval by the Mayor; otherwise it tutes an emergency measure provid- A, made a part of this ordinance as shall take effect and be in force ing for the usual daily operation of if fully rewritten, is approved in all from and after the earliest period a municipal department; now, there- respects and shall not be changed allowed by law. fore, without additional legislative Passed June 3, 2019. Be it ordained by the Council of authority. Effective June 5, 2019. the City of Cleveland: 1031 40 The City Record June 12, 2019

Section 1. That the Director of approved by the Director of Trans- Ord. No. 631-2019. Capital Projects is authorized to portation: to upgrade the traffic sig- By Council Members McCormack, employ by contract or contracts one nal at the south leg of the East Johnson and Kelley (by departmen- or more consultants or one or more 116th Street and Harvard Avenue tal request). firms of consultants for the purpose intersection and interconnect it with An emergency ordinance giving of supplementing the regularly the preemption at the Cleveland consent of the City of Cleveland to employed staff of the several depart- Commercial Railroad crossing the Director of Transportation of the ments of the City of Cleveland in across East 116th Street just north State of Ohio to rehabilitate the Cen- order to provide professional ser- of the intersection in the City of ter Swing Bridge over the Cuyahoga vices necessary to provide various Cleveland, PID No. 106732 (the River; to cause payment to ODOT engineering, testing, and related “Improvement”). for the City’s share; to authorize the services needed for various capital Section 2. That the City gives its Mayor to apply to the District One improvement projects for the Divi- consent to the Improvement and its Public Works Integrating Commit- sion of Engineering and Construc- administration by the Director of tee for state funding; authorizing tion, Office of Capital Projects, on Transportation provided that this one or more contracts for the design an as-needed basis, for a period up ordinance shall not be construed to and other relative agreements; to two years. impose any financial obligation on accepting gifts and grants from any The selection of the consultant or the City for the Improvement. How- public or private entity; to apply consultants for the services shall be ever, the City agrees to assume and and accept funds from Ohio Public made by the Board of Control on the contribute 100% of the cost of any Works Commission; to authorize the nomination of the Director of Capi- item, included in the construction Division of Purchasing and Supplies tal Projects from a list of qualified contracts at the request of the City, to acquire, accept, and record all consultants available for employ- which are determined by the Direc- land necessary to make the improve- ment as may be determined after a tor of Transportation to be ineligi- ment. full and complete canvass by the ble or unnecessary for the Whereas, this ordinance consti- Director of Capital Projects for the Improvement. tutes an emergency measure provid- purpose of compiling a list. The Section 3. That the Director Capi- ing for the usual daily operation of compensation to be paid for the ser- tal Projects is authorized to enter a municipal department; now, there- vices shall be fixed by the Board of into agreements with the Director of fore, Control. The contract or contracts Transportation necessary to com- Be it ordained by the Council of plete the planning and construction authorized shall be prepared by the the City of Cleveland: of the Improvement. Director of Law, approved by the Section 1. That it is declared to be Section 4. Utilities and Right-of- Director of Capital Projects, and cer- in the public interest that the con- Way Statement. That the City sent of the City of Cleveland is tified by the Director of Finance. agrees to acquire and/or make Section 2. That the cost of the con- given to the Director of Trans- available to Ohio Department of portation of the State of Ohio (“the tract or contracts authorized in this Transportation (“ODOT”), in accor- State”) to construct the rehabilita- ordinance shall be paid from Fund dance with current State and Fed- tion of the Center Swing Bridge Nos. 20 SF 568, 20 SF 574, 20 SF 579, eral regulations, all necessary (SFN 1869345) over the Cuyahoga 20 SF 586, and from the fund or right-of-way required for the River, PID 109597 (the “Improve- funds which are credited the pro- described Project. The City also ment”). ceeds from the sale of bonds autho- understands that right-of-way costs rized by Ordinance Nos. 508-2019, include eligible utility costs. The Section 2. That the City proposes 509-2019, 510-2019, passed April 29, City agrees to be responsible for all to cooperate with the State in the 2019, if eligible for these purposes, utility accommodation, relocation, cost of the Improvement by assum- any and all funds approved by the and reimbursement and agrees that ing and contributing the entire cost Director of Finance, including all such accommodations, reloca- and expense of the Improvement, future bond funds if issued for this tions, and reimbursements shall less the amount of federal funds purpose. (RQS 0103, RLA 2019-34) comply with the current provisions allocated by the Federal Highway Section 3. That this ordinance is of 23 CFR 645 and the ODOT Utili- Administration, United States declared to be an emergency mea- ties Manual. Department of Transportation. The sure and, provided it receives the Section 5. Maintenance. That upon City agrees to assume one hundred affirmative vote of two-thirds of all completion of the Improvement, and percent (100%) of the cost of pre- the members elected to Council, it unless otherwise agreed, the City liminary engineering, right-of-way shall take effect and be in force shall (1) provide adequate mainte- and environmental documentation. Also, the City agrees to assume and immediately upon its passage and nance for the Improvement in accor- contribute 100% of the cost of any approval by the Mayor; otherwise it dance with all applicable State and items included in the construction shall take effect and be in force Federal law, including, but not lim- contract at the request of the City, from and after the earliest period ited to, Title 23, U.S.C., Section 116; which are determined by the State allowed by law. (2) provide ample financial provi- sions, as necessary, for the mainte- not eligible or made necessary by Passed June 3, 2019. the Improvement. The share of the Effective June 5, 2019. nance of the Improvement; (3) maintain the right-of-way, keeping cost of the City is estimated in the it free of obstructions; and (4) hold amount of $1,193,728, but the esti- said right-of way inviolate for pub- mated amount is to be adjusted in lic highway purposes. order that the City’s ultimate share Ord. No. 630-2019. of the Improvement shall correspond By Council Members Bishop, John- Section 6. That this Council requests ODOT to proceed with the with the percentages of actual costs son and Kelley (by departmental when the actual costs are deter- request). Improvement. Section 7. That the City agrees to mined. Also, the City further agrees An emergency ordinance giving allow the Director of Transportation that change orders and extra work consent of the City of Cleveland to to act as contractual agent for the contracts required to fulfill the con- the Ohio Department of Transporta- Improvement. struction contracts shall be tion to upgrade and interconnect a Section 8. That the Clerk of Coun- processed as needed. The State shall traffic signal located at the inter- cil is authorized to transmit to the not approve a change order or extra section of East 116th Street and Har- Director of Transportation three (3) work contract until it first gives vard Avenue in the City of certified copies of this ordinance notice, in writing, to the City. The Cleveland. immediately on taking effect, and it City shall contribute its share of the Whereas, this ordinance consti- shall become the basis for proceed- cost of these items in accordance tutes an emergency measure provid- ing with the Improvement. with other provisions herein. ing for the usual daily operation of Section 9. That this ordinance is Section 3. That the Director of a municipal department; now, there- declared to be an emergency mea- Capital Projects is authorized to fore, sure and, provided it receives the enter into one or more agreements Be it ordained by the Council of affirmative vote of two-thirds of all with the State necessary to complete the City of Cleveland: the members elected to Council, it the planning and construction of the Section 1. That it is declared to be shall take effect and be in force Improvement, which agreements in the public interest that consent of immediately upon its passage and shall contain terms and conditions the City of Cleveland is given to the approval by the Mayor; otherwise it that the Director of Law determines Director of Transportation of the shall take effect and be in force shall best protect the public inter- State of Ohio (the “Director of from and after the earliest period est. Transportation”) to make the fol- allowed by law. Section 4. Utilities and Right-of- lowing improvements under the Passed June 3, 2019. Way Statement. The City agrees to plans, specifications and estimates Effective June 5, 2019. acquire and/or make available to 1032 June 12, 2019 The City Record 41

ODOT, under current State and Fed- Authority, the the purpose of supplementing the eral regulations, all necessary right- Regional Sewer District and other regularly employed staff of the sev- of-way required for the entities to obtain services or to eral departments of the City of Improvement. The City also under- acquire property rights such as Cleveland in order to provide pro- stands that right-of-way costs easements and licenses, necessary to fessional design, engineering and include eligible utility costs. The construct the improvements construction services necessary for City agrees to be responsible for all described in this ordinance. the Improvement. utility accommodation, relocation, Section 11. That the Director of The selection of the consultants and reimbursement and agrees that Capital Projects is authorized to for the services shall be made by all such accommodations, reloca- accept cash contributions from pub- the Board of Control on the nomi- tions, and reimbursements shall lic or private entities, for infra- nation of the Director of Capital comply with the current provisions structure restoration costs Projects from a list of qualified con- of 23 CFR 645 and the ODOT Utili- associated with relocating, rehabili- sultants available for employment ties Manual. tating or reconstructing utility as may be determined after a full Section 5. Maintenance. Upon com- infrastructure for the improvement. and complete canvass by the Direc- pletion of the Improvement, and Section 12. That the Director of tor of Capital Projects for the pur- unless otherwise agreed, the City Capital Projects is authorized to pose of compiling a list. The shall: (1) provide adequate mainte- enter into one or more agreements compensation to be paid for the ser- nance for the Improvement under all with private utility companies to vices shall be fixed by the Board of applicable state and federal laws, pay charges for the installation of Control. The contract or contracts including, but not limited to, 23 USC underground lines in connection shall be prepared by the Director of 116; (2) provide ample financial pro- with the Improvement. Law, approved by the Director of visions, as necessary, for the main- Section 13. That the Director of Capital Projects and certified by the tenance of the Improvement; (3) Capital Projects is authorized to Director of Finance. maintain the right-of-way, keeping enter into any agreements necessary Section 23. That the Director of it free of obstructions; and (4) hold to implement the Improvement. Capital Projects is authorized to said right-of-way inviolate for pub- Section 14. That the Clerk of Coun- accept cash contributions from pub- lic highway purposes. cil is authorized and directed to lic or private entities, NEORSD, and Section 6. That the Director of transmit to the State three (3) cer- GCRTA for infrastructure restora- Capital Projects is authorized to tified copies of this ordinance imme- tion costs associated with relocat- enter into contracts with ODOT pre- diately on its taking effect, and it ing, rehabilitating or reconstructing qualified consultants for the prelim- shall become the basis for proceed- utility infrastructure for the inary engineering phase of the ing with the Improvement. Improvement and costs associated Improvement and to enter into con- Section 15. That this Council with implementing green infrastruc- tracts with the Director of Trans- authorizes payment to the State of ture features to address combined portation necessary to complete the the City’s share of the Improvement. sewer overflows. That the Director above described project. Upon the Section 16. That the Mayor is of Capital Projects is authorized to request of ODOT, the Director of authorized to apply to the District enter into agreements with the enti- Capital Projects is also authorized One Public Works Integrating Com- ties for this purpose. to assign all rights, title, and inter- mittee for state funding for the Section 24. That the Director of ests of the City to ODOT arising Improvement. Capital Projects is authorized to from any agreement with its con- Section 17. That the Mayor is enter into one or more agreements sultant in order to allow ODOT to authorized to apply to the District with private utility companies to direct additional or corrective work, One Public Works Integrating Com- pay charges for the installation of recover damages due to errors or mittee for state funding to obtain underground lines in connection omissions, and to exercise all other credit enhancements and loan assis- with the Improvement. contractual rights and remedies tance in support of the city’s bonds Section 25. That notwithstanding afforded by law or equity. issued for bridge and road improve- any provision of the Codified Ordi- Section 7. That the City agrees ments. nances of Cleveland, Ohio, 1976, to that if Federal Funds are used to Section 18. That the Mayor is the contrary, the Commissioner of pay the cost of any consultant con- authorized to accept one or more Purchases and Supplies is autho- tract, the City shall comply with 23 grants from the Ohio Public Works rized to acquire, accept, and record CFR 172 in the selection of its con- Commission, acting by and through all land necessary in making of the sultant and the administration of its Director, and to apply for and public improvement, including but the consultant contract. Further, the accept grants or other funding from not limited to fee simple acquisi- City agrees to incorporate ODOT’s other public or private entities, to tions, temporary easements, perma- “Specifications for Consulting Ser- finance the Improvement; that the nent easements, and work vices” as a contract document in all Mayor is authorized to file all agreements necessary to make the of its consultant contracts. The City papers and execute all documents Improvement. The consideration to agrees to require, as a scope of ser- necessary to receive the funds under be paid for the property and ease- vices clause, that all plans prepared the grant or loan, or combination; ments shall not exceed fair market by the consultant must conform to and that the funds are appropriated value to be determined by the Board ODOT’s current design standards for the purposes described in this of Control. and that the consultant shall be ordinance. Section 26. That the Director of responsible for ongoing consultant Section 19. That the Director of Capital Projects is authorized to involvement during the construction Capital Projects is authorized to execute, on behalf of the City, all phase of the Improvement. The City apply and pay for permits, licenses, documents necessary to acquire, agrees to include a completion or other authorizations required by accept, and record the property and schedule acceptable to ODOT and to any regulatory agency or public easements and to employ and pay assist ODOT in rating the consul- authority to permit performance of all fees for title companies, surveys, tant’s performance through ODOT’s the work authorized by this ordi- escrows, appraisers, and all other Consultant Evaluation System. nance. costs necessary for the acquisition Section 8. That this Council Section 20. That the Director of of the property and easements. requests the State to proceed with Capital Projects is authorized to Section 27. That the Mayor or the Improvement. enter into one or more Local Project Director of Capital Projects is autho- Section 9. That the Director of Administration agreements with the rized to file all papers and execute Capital Projects is authorized to Ohio Department of Transportation all documents necessary to receive apply for and accept any gifts or to fund and construct the Improve- the funds under this ordinance; and grants for this purpose from any ment. that the funds are appropriated for public or private entity, including Section 21. That, provided the City the purposes described in the ordi- but not limited to NOACA; and that sells future bonds authorized for the nance. the Director is authorized to file all purposes of this ordinance, the City Section 28. That the cost of the papers and execute all documents of Cleveland is obligated to provide professional services and the City’s necessary to receive the funds under cash matching funds in the amount share of the improvement shall be the grant; and that the funds are of the local share. paid from Fund Nos. 20 SF 520, 20 appropriated for the purposes Section 22. That, provided the City SF 528, 20 SF 534, 20 SF 540, 20 SF described in this ordinance. sells future bonds authorized for the 546, 20 SF 554, 20 SF 563, 20 SF 568, Section 10. That, when appropri- purposes of this ordinance, the 20 SF 574, 20 SF 579 and 20 SF 586 ate, the Director of Capital Projects Director of Capital Projects is autho- and any all funds approved by the is authorized to enter into one or rized to employ by contract or con- Director of Finance, including more contracts with the railroads, tracts one or more consultants or future bond funds if issued for this Regional Transit one or more firms of consultants for purpose, RQS 0103, RLA 2019-31. 1033 42 The City Record June 12, 2019

Section 29. That this ordinance is Section 4. Utilities and Right-of- Section 10. That, when appropri- declared to be an emergency mea- Way Statement. The City agrees to ate, the Director of Capital Projects sure and, provided it receives the acquire and/or make available to is authorized to enter into one or affirmative vote of two-thirds of all the State, under current State and more contracts with the railroads, the members elected to Council, it Federal regulations, all necessary Greater Cleveland Regional Transit shall take effect and be in force right of-way required for the Authority, the Northeast Ohio immediately upon its passage and Improvement. The City also under- Regional Sewer District and other approval by the Mayor; otherwise it stands that right-of-way costs entities to obtain services or to shall take effect and be in force include eligible utility costs. The acquire property rights such as from and after the earliest period City agrees to be responsible for all easements and licenses, necessary to allowed by law. utility accommodation, relocation, construct the Improvement Passed June 3, 2019. and reimbursement and agrees that described in this ordinance. Effective June 5, 2019. all such accommodations, reloca- Section 11. That the Director of tions, and reimbursements shall Capital Projects is authorized to comply with the current provisions accept cash contributions from pub- of 23 CFR 645 and the ODOT Utili- lic or private entities for infrastruc- ties Manual. ture restoration costs associated Ord. No. 632-2019. with relocating, rehabilitating or By Council Members J. Jones, Section 5. Maintenance. Upon com- pletion of the Improvement, and reconstructing utility infrastructure Bishop, Johnson and Kelley (by for the Improvement. departmental request). unless otherwise agreed, the City shall: (1) provide adequate mainte- Section 12. That the Director of An emergency ordinance giving Capital Projects is authorized to consent of the City of Cleveland to nance for the Improvement under all applicable State and Federal laws, enter into any agreements necessary the Director of Transportation of the including, but not limited to, 23 USC to implement the Improvement. State of Ohio for improving Miles 116; (2) provide ample financial pro- Section 13. That the Director of Avenue from Warrensville Corpora- visions, as necessary, for the main- Capital Projects is authorized to tion Line to Broadway Avenue; to tenance of the Improvement; (3) apply and pay for permits, licenses, apply for and accept any gifts or or other authorizations required by maintain the right-of-way, keeping grants from any public or private any regulatory agency or public it free of obstructions; and (4) hold entity; authorizing a Local Project authority to permit performance of said right-of-way inviolate for pub- the work authorized by this ordi- agreement and any other relative lic highway purposes. nance. agreements; and causing payment of Section 6. That the Director of Section 14. That the Director of the City’s share to the State for the Capital Projects is authorized to Capital Projects is authorized to cost of the improvement. enter into contracts with ODOT pre- Whereas, this ordinance consti- enter into one or more Local Project qualified consultants for the prelim- Administration agreements with the tutes an emergency measure provid- inary engineering phase of the ing for the usual daily operation of Ohio Department of Transportation Improvement and to enter into con- to fund and construct the Improve- a municipal department; now, there- tracts with the Director of Trans- fore, ment. portation necessary to complete the Section 15. That the Clerk of Coun- Be it ordained by the Council of Improvement. Upon the request of the City of Cleveland: cil is authorized and directed to the State, the Director of Capital transmit to the State three (3) cer- Section 1. That it is declared to be Projects is also authorized to assign tified copies of this ordinance imme- in the public interest that the con- all rights, title, and interests of the diately on its taking effect, and it sent of the City of Cleveland is City to the State arising from any shall become the basis for proceed- given to the Director of Trans- agreement with its consultant in ing with the Improvement. portation of the State of Ohio (“the order to allow the State to direct Section 16. That this Council State”) to construct the following additional or corrective work, recov- authorizes payment to the State of improvement under plans, specifica- er damages due to errors or omis- the City’s share of the Improvement tions, and estimates approved by the sions, and to exercise all other from Fund Nos. 20 SF 520, 20 SF 528, State: improving Miles Avenue (SR contractual rights and remedies 20 SF 534, 20 SF 540, 20 SF 546, 20 43-10.61), from Warrensville Corpo- afforded by law or equity. SF 554, 20 SF 563, 20 SF 568, 20 SF ration Line to Broadway Avenue, Section 7. That the City agrees 574, 20 SF 579, 20 SF 586, and any PID No. 85360 (the “Improvement”). that if Federal funds are used to and all funds approved by the Direc- Section 2. That the City proposed pay the cost of any consultant con- tor of Finance for this purpose, to cooperate with the State in the tract, the City shall comply with 23 including future bonds if issued for cost of the Improvement by assum- CFR 172 in the selection of its con- this purpose. (RQS 0103, RLA 2019- ing and contributing the entire cost sultant and the administration of 33) and expense of the Improvement, the consultant contract. Further, the Section 17. That this ordinance is less the amount of federal funds City agrees to incorporate the declared to be an emergency mea- allocated by the Federal Highway State’s “Specifications for Consult- sure and, provided it receives the Administration, United States ing Services” as a contract document affirmative vote of two-thirds of all Department of Transportation. The in all of its consultant contracts. the members elected to Council, it City agrees to assume one hundred The City agrees to require, as a shall take effect and be in force percent (100%) of the cost of pre- scope of services clause, that all immediately upon its passage and liminary engineering, right-of-way plans prepared by the consultant approval by the Mayor; otherwise it and environmental documentation. must conform to the State’s current shall take effect and be in force Also, the City agrees to assume and design standards and that the con- from and after the earliest period contribute 100% of the cost of any sultant shall be responsible for allowed by law. items included in the construction ongoing consultant involvement dur- Passed June 3, 2019. contract at the request of the City, ing the construction phase of the Effective June 5, 2019. which are determined by the State Improvement. The City agrees to not eligible or made necessary by include a completion schedule the Improvement. The share of the acceptable to the State and to assist cost of the City is estimated in the the State in rating the consultant’s Ord. No. 633-2019. amount of $1,800,000, but the esti- performance through the State’s By Council Members McCormack, mated amount is to be adjusted in Consultant Evaluation System. Johnson and Kelley (by departmen- order that the City’s ultimate share Section 8. That this Council tal request). of the Improvement shall correspond requests the State to proceed with An emergency ordinance giving with the percentages of actual costs the Improvement. consent of the City of Cleveland to when the actual costs are deter- Section 9. That the Director of the County of Cuyahoga for the mined. Capital Projects is authorized to resurfacing Rockefeller Avenue Section 3. That the Director of apply for and accept any gifts or from Broadway Avenue to Central Capital Projects is authorized to grants for this purpose from any Furnace Drive; to apply for and enter into one or more agreements public or private entity, including accept an allocation of County Motor with the State necessary to complete but not limited to NOACA; and that Vehicle License Tax Funds for the the planning and construction of the the Director is authorized to file all improvement; authorizing the Direc- Improvement, which agreements papers and execute all documents tor of Capital Projects to enter into shall contain terms and conditions necessary to receive the funds under one or more contracts for the con- that the Director of Law determines the grant; and that the funds are struction, design, and any relative shall best protect the public inter- appropriated for the purposes agreements in making the improve- est. described in this ordinance. ment. 1034 June 12, 2019 The City Record 43

Whereas, this ordinance consti- installations within the right-of-way come within the provisions of Sec- tutes an emergency measure provid- limits; tion 8301 (Utility Reimbursement ing for the usual daily operation of (c) That the County shall contin- Eligibility) of the Ohio Department a municipal department; now, there- ue to maintain the structural ele- of Transportation’s Real Estate Poli- fore, ments of any bridge (defined as a cies and Procedures Manual to the Be it ordained by the Council of structure with a span of twenty feet same extent that it participates in the City of Cleveland: or greater) located within the limits the other costs of the project, pro- Section 1. Consent. That it is of the Improvement under the vided, however, that such participa- declared to be in the public interest applicable sections of the Revised tion will not extend to any additions that the consent of the City of Cleve- Code; and or betterments of existing facilities. land is given to the County of Cuya- (d) After construction of the (c) The City shall cooperate with hoga (the “County”) to participate Improvement is complete, the City the County to, make all arrange- in the cost of resurfacing Rocke- agrees to follow and maintain post- ments of governmentally-owned util- feller Avenue from Broadway construction Best Management Prac- ities and/or appurtenances thereto Avenue to Central Furnace Drive, tices as outlined in the Municipal which do not comply with the Pro- County Project ID No. 1259 (the Storm Water Permit that is filed visions of Section 8301 (Utility “Improvement”). with the Ohio Environmental Pro- Reimbursement Eligibility) of the Section 2. Cooperation tection Agency. Ohio Department of Transportation’s (a) That the City will cooperate Section 5. Traffic. That on com- Real Estate Policies and Procedures with the County in the Improve- pletion of the Improvement, the City Manual, whether inside or outside ment. will keep the highway open to traf- the corporate limits, as may be nec- (b) That the City will arrange for fic at all times; and essary to conform to the said the preparation of construction (a) Place and maintain all traffic improvement. plans and specifications, including control devices conforming to the (d) That the construction, recon- struction, and/or arrangement of all necessary engineering reports for Ohio Manual of Uniform Traffic utilities shall be done in such a the improvements to conform to gen- Control Devices on the Improvement manner as not to interfere unduly erally accepted engineering prac- in compliance with the provisions of with the operation of the contractor tices and principles. Section 4511.11 of the Revised Code constructing the improvement, and (c) That the City will arrange for and other related sections of the all backfilling of trenches made nec- the supervision and administration Revised Code; essary by such utility rearrange- of the construction project. (b) That the street or highway ments shall be performed in (d) That the County will review within the limits of the Improve- ment is designated a through high- accordance with the provision of the the construction plans for confor- Ohio Department of Transportation mance with division (b) of this sec- way as provided in division (A)(6) of Section 4511.07 of the Revised Construction and Material Specifica- tion. County approval of plans and tions. specifications is required prior to Code; (c) That, if applicable, stop signs Section 8. Miscellaneous the advertisement of the construc- (a) That if the County is formal- affecting the movement of traffic on tion contract. The County will make ly requested by ordinance of this the street or highway within the an inspection of the completed pro- Council to include the construction Improvement shall be removed, and ject. of sanitary sewers, water lines, area no stop signs shall be erected on (e) That the City shall agree to sewers (drainage of area surround- same except at its intersection with provide the County with a complete ing the Improvement), sidewalks, another through highway where set of as-built plans upon the com- alternate bid items, or other items traffic does not warrant the instal- pletion of the project. in the Improvement that are in addi- Section 3. Funding lation of a traffic control signal but tion to those now existing and not (a) That the City agrees to par- where the warrants for a “Four-Way provided for elsewhere in this ordi- ticipate with the County in the cost Stop” as provided in the above-men- nance, the City agrees to pay, or of the Improvement by an allocation tioned Manual are met; make arrangements for the payment from the County Motor Vehicle (d) That no rule or regulation of the cost of the construction, the License Tax Fund to pay the Coun- shall be enacted restricting the use cost of preliminary and design engi- ty portion of the project; and by of the Improvement by any class of neering, and construction supervi- applying to the County to use the vehicle or vehicle load permitted by sion. License Tax Funds for the Improve- the Revised Code to use a public (b) For purposes of this ordi- ment. highway. Any existing rule or reg- nance, the agent for the County and (b) That the County shall con- ulation so restricting road usage is liaison officer shall be the County tribute fifty percent (50%) of the rescinded; and Engineer of Cuyahoga County, Ohio, cost of construction which is deter- (e) The City shall regulate park- and/or such members of his staff as mined to be eligible by the Cuya- ing in the following manner: Pro- he may designate. hoga County Engineer’s policies up hibit parking under Section 4511.66 (c) That, under the provisions of to a maximum of $250,000. The antic- of the Revised Code unless other- Chapters 304 and 1306 of the ipated construction cost for this pro- wise controlled by local ordinance Revised, code, the City agrees to ject is $728,040. To determine or resolution. conduct this transaction by elec- funding eligibility, the County shall Section 6. Right-of-Way tronic means and agrees that all be notified immediately of any sig- (a) That all existing street and documents requiring County signa- nificant changes to the scope of public right-of-way within the City tures may be executed by electron- work and/or construction cost. which is necessary for the Improve- ic means, and that the electronic (c) That the City agrees to ment shall be made available. signatures affixed by the County to assume and contribute 100% of the (b) That in the event any addi- the documents shall have the same cost of any items included in the tional right-of-way is required for legal effect as if that signature was construction contract at the request the Improvement the City will manually affixed to a paper version of the City, which are determined by arrange for the acquisition. of the document. the County not eligible or made nec- Section 7. Utilities Section 9. That the Director of essary by the Improvement. (a) The City will make arrange- Capital Projects is authorized to Section 4. Maintenance. That upon ments with and obtain agreements apply to the County for an alloca- completion of the Improvement, the from privately owned public utility tion from the County Motor Vehicle City will keep the highway open to companies whose lines or structures License Tax Fund to pay the Coun- traffic at all times; and will be affected by the said improve- ty portion of the Improvement. (a) Maintain the improvement in ment, and said companies have Section 10. That the Director of accordance with the provisions of agreed to make any and all neces- Capital Projects is authorized to the statutes relating thereto and sary arrangements in such a man- enter into agreements with the make ample financial provisions for ner as to be clear of any County necessary to complete the the maintenance; construction called for by the plans Improvement. (b) Maintain the right-of-way and of said improvement, and said com- Section 11. That this Council keep it free of obstructions in a panies have agreed to make such requests the County to proceed with manner satisfactory to the County necessary arrangements immediate- the Improvement. and hold the right-of-way inviolate ly after notification by said City. Section 12. That this Council for public highway purposes and (b) That the County will pay the authorizes payment of the City’s permit no signs, posters, billboards, cost of alterations of governmental- share of the Improvement which is roadside stands or other private ly-owned utility facilities which currently estimated to be $478,040, 1035 44 The City Record June 12, 2019 payable from Fund Nos. 20 SF 520, bridge and road improvements for accept cash contributions from pub- 20 SF 528, 20 SF 534, 20 SF 540, 20 the Improvement. lic or private entities for infrastruc- SF 546, 20 SF 554, 20 SF 563, 20 SF Section 3. That the Mayor is ture restoration costs associated 568, 20 SF 574, 20 SF 579, 20 SF 586, authorized to accept one or more with relocating, rehabilitating or from future bonds if issued for this loans or grants from the Ohio Pub- reconstructing utility infrastructure purpose, and from any fund or funds lic Works Commission, acting by for the Improvement and costs asso- approved by the Director of Finance. and through its Director, to finance ciated with implementing green (RQS 0103, RLA 2019-32) the Improvement; that the Mayor is infrastructure features to address Section 13. That the Clerk of Coun- authorized to file all papers and combined sewer overflows. That the cil is directed to transmit to the execute all documents necessary to Director of Capital Projects is autho- County three (3) certified copies of receive the funds under the loan or rized to enter into agreements with this ordinance immediately on its grant; and that the funds are appro- the entities for this purpose. taking effect. priated for the purposes described in Section 10. That, when appropri- Section 14. That this ordinance is this ordinance. ate, the Director of Capital Projects declared to be an emergency mea- Section 4. That the Director of is authorized to enter into one or sure and, provided it receives the Capital Projects is authorized to more contracts with railroads, the affirmative vote of two-thirds of all apply for and accept gifts or grants Greater Cleveland Regional Transit the members elected to Council, it or other funds from public or pri- Authority, the Northeast Ohio shall take effect and be in force vate entities, that the Director is Regional Sewer District and other immediately upon its passage and authorized to file all papers and public or private entities to obtain approval by the Mayor; otherwise it execute all documents necessary to services or to acquire property shall take effect and be in force receive the funds; and that the rights such as easements and licens- from and after the earliest period funds are appropriated for the pur- es, necessary to construct the allowed by law. poses of this ordinance. Improvement described in this ordi- Passed June 3, 2019. Section 5. That, provided the City nance. Effective June 5, 2019. sells future bonds authorized for the Section 11. That the Director of purposes of this ordinance, the City Capital Projects is authorized to of Cleveland is obligated to provide accept right-of-entries from private cash matching funds in the amount property owners within the Improve- Ord. No. 634-2019. of the local share. ment locations where access to pri- By Council Members McCormack, Section 6. That, provided the City vate property is necessary to Santana, Zone, Johnson, Brancatelli sells future bonds authorized for the complete the proposed Improvement. and Kelley (by departmental purposes of this ordinance, the Section 12. That the Director of request). Director of Capital Projects is autho- Capital Projects is authorized to An emergency ordinance authoriz- rized to employ by contract or con- enter into one or more agreements tracts one or more consultants or ing the Mayor to apply to the Dis- with private utility companies to one or more firms of consultants for trict One Public Works Integrating pay charges for the installation of the purpose of supplementing the Committee for state funding for the underground lines in connection regularly employed staff of the sev- rehabilitation of portions of West with the Improvement. eral departments of the City of 65th Street; to apply for and accept Section 13. That notwithstanding Cleveland in order to provide pro- gifts and grants from various enti- any provision of the Codified Ordi- fessional design, engineering and ties for the improvement; authoriz- nances of Cleveland, Ohio, 1976, to construction services necessary for ing the Director of Capital Projects the contrary, the Commissioner of to enter into contracts and agree- the Improvement. The selection of the consultants Purchases and Supplies is autho- ments to design and construct the rized to acquire, accept, and record improvement and other agreements; for the services shall be made by the Board of Control on the nomi- for right-of-way purposes any real and authorizing the Commissioner property including but not limited to of Purchases and Supplies to nation of the Director of Capital Projects from a list of qualified con- fee simple acquisitions, temporary acquire, accept, and record for right- easements, permanent easements, of-way purposes real property and sultants available for employment as may be determined after a full and work agreements as is neces- easements necessary to make the sary to make the improvements improvement. and complete canvass by the Direc- tor of Capital Projects for the pur- described in this ordinance. The con- Whereas, under Article VIII, Sec- sideration to be paid for the prop- tion 2k of the Ohio Constitution, the pose of compiling a list. The erty and easements shall not exceed State of Ohio is authorized to issue compensation to be paid for the ser- fair market value, as described by bonds and other obligations of the vices shall be fixed by the Board of the Board of Control. State for the purpose of financing Control. The contract or contracts Section 14. That the Director of public infrastructure capital shall be prepared by the Director of Capital Projects is authorized to improvements of political subdivi- Law, approved by the Director of sions as designated by law; and Capital Projects and certified by the execute, on behalf of the City, all Whereas, under Section 164.03 of Director of Finance. documents necessary to acquire, the Revised Code, the District One Section 7. That, under Section 167 accept, and record the property and Public Works Integrating Commit- of the Charter of the City of Cleve- easements and to employ and pay tee has been created to evaluate land, this Council determines to all fees for title companies, surveys, applications for state financing of make the public improvement as escrows, appraisers, and all other capital improvement projects of described in this ordinance, for the costs necessary for the acquisition local subdivisions in Cuyahoga Office of Capital Projects, by one or of the property and easements. County; and more contracts duly let to the low- Section 15. That the Mayor or Whereas, this ordinance consti- est responsible bidder or bidders Director of Capital Projects is autho- tutes an emergency measure provid- after competitive bidding on a unit rized to file all papers and execute ing for the usual daily operation of basis for the Improvement. all documents necessary to receive a municipal department; now, there- Section 8. That, provided the City the funds under this ordinance; and fore, sells future bonds authorized for the that the funds are appropriated for Be it ordained by the Council of purposes of this ordinance, the the purposes described in the ordi- the City of Cleveland: Director of Capital Projects is autho- nance. Section 1. That the Mayor is autho- rized to enter into one or more con- Section 16. That the Director of rized to apply to the District One tracts for the making of the Capital Projects is authorized to Public Works Integrating Commit- Improvement with the lowest enter into any agreements needed to tee for state funding for the reha- responsible bidder or bidders after implement the Improvement, includ- bilitation of portions of West 65th competitive bidding on a unit basis ing but not limited to, multi-party Street from Denison Avenue to Her- for the Improvement, provided, how- agreements between the City and man Avenue ( the “Improvement”). ever, that each separate trade and other governmental entities regard- Section 2. That the Mayor is each distinct component part of the ing the funding and construction of authorized to apply to the District Improvement may be treated as a the Improvement. One Public Works Integrating Com- separate improvement, and each, or Section 17. That the Director of mittee for state funding in the form any combination, of the trades or Capital Projects is authorized to of a loan or grant, or a combination components may be the subject of a accept cash contributions from the of both, to obtain credit enhance- separate contract on a unit basis. public or private entities, including ments and loan assistance in sup- Section 9. That the Director of but not limited to, the Greater Cleve- port of the city’s bonds issued for Capital Projects is authorized to land Regional Transit Authority and 1036 June 12, 2019 The City Record 45 the Northeast Ohio Regional Sewer Public Works Integrating Commit- Director of Capital Projects is autho- District, for the Improvement. That tee for state funding for the reha- rized to enter into one or more con- the Director of Capital Projects is bilitation of portions of East 105th tracts for the making of the authorized to enter into agreements Street from Greenlawn Avenue to Improvement with the lowest with the entities for this purpose. North City Limits ( the “Improve- responsible bidder or bidders after Section 18. That the cost of the ment”). competitive bidding on a unit basis contracts, payments, property acqui- Section 2. That the Mayor is for the Improvements, provided, sition, agreements, cash matches, authorized to apply to the District however, that each separate trade and other expenditures authorized One Public Works Integrating Com- and each distinct component part of shall be paid from Fund Nos. 20 SF mittee for state funding in the form the Improvements may be treated as 520, 20 SF 528, 20 SF 534, 20 SF 540, of a loan or grant, or a combination a separate improvement, and each, 20 SF 546, 20 SF 554, 20 SF 563, 20 of both, to obtain credit enhance- or any combination, of the trades or SF 568, 20 SF 574, 20 SF 579, 20 SF ments and loan assistance in sup- components may be the subject of a 586, from the fund or funds to which port of the city’s bonds issued for separate contract on a unit basis. are credited any gift, grant, or other bridge and road improvements for Section 9. That the Director of funds received under this ordinance, the Improvement. Capital Projects is authorized to accept cash contributions from pub- from cash contributions accepted Section 3. That the Mayor is lic or private entities for infrastruc- and appropriated under this ordi- authorized to accept one or more ture restoration costs associated nance, and from any other funds loans or grants from the Ohio Pub- with relocating, rehabilitating or lic Works Commission, acting by approved by the Director of Finance, reconstructing utility infrastructure including future bond funds if and through its Director, to finance for the Improvements and costs issued for this purpose. (RQS 0103, the Improvement; that the Mayor is associated with implementing green RLA 2019-29) authorized to file all papers and infrastructure features to address Section 19. That this ordinance is execute all documents necessary to combined sewer overflows. That the declared to be an emergency mea- receive the funds under the loan or Director of Capital Projects is autho- sure and, provided it receives the grant; and that the funds are appro- rized to enter into agreements with affirmative vote of two-thirds of all priated for the purposes described in the entities for this purpose. the members elected to Council, it this ordinance. Section 10. That, when appropri- shall take effect and be in force Section 4. That the Director of ate, the Director of Capital Projects immediately upon its passage and Capital Projects is authorized to is authorized to enter into one or approval by the Mayor; otherwise it apply for and accept gifts or grants more contracts with railroads, the shall take effect and be in force or other funds from public or pri- Greater Cleveland Regional Transit from and after the earliest period vate entities, that the Director is Authority, the Northeast Ohio allowed by law. authorized to file all papers and Regional Sewer District and other Passed June 3, 2019. execute all documents necessary to public or private entities to obtain Effective June 5, 2019. receive the funds; and that the services or to acquire property funds are appropriated for the pur- rights such as easements and licens- poses of this ordinance. es, necessary to construct the Section 5. That, provided the City Improvement described in this ordi- nance. Ord. No. 635-2019. sells future bonds authorized for the Section 11. That the Director of By Council Members Conwell, purposes of this ordinance, the City Capital Projects is authorized to Hairston, Johnson, Brancatelli and of Cleveland is obligated to provide accept right-of-entries from private Kelley (by departmental request). cash matching funds in the amount of the local share. property owners within the Improve- An emergency ordinance authoriz- ment locations where access to pri- ing the Mayor to apply to the Dis- Section 6. That, provided the City sells future bonds authorized for the vate property is necessary to trict One Public Works Integrating complete the proposed Improvement. Committee for state funding for the purposes of this ordinance, the Director of Capital Projects is autho- Section 12. That the Director of rehabilitation of portions of East rized to employ by contract or con- Capital Projects is authorized to 105th Street; to apply for and accept tracts one or more consultants or enter into one or more agreements gifts and grants from various enti- one or more firms of consultants for with private utility companies to ties for the improvement; authoriz- the purpose of supplementing the pay charges for the installation of ing the Director of Capital Projects regularly employed staff of the sev- underground lines in connection to enter into contracts and agree- eral departments of the City of with the Improvement. ments to design and construct the Section 13. That notwithstanding Cleveland in order to provide pro- improvement and other agreements any provision of the Codified Ordi- fessional design, engineering and needed to implement the improve- nances of Cleveland, Ohio, 1976, to construction services necessary for ment; and authorizing the Commis- the contrary, the Commissioner of the Improvement. sioner of Purchases and Supplies to Purchases and Supplies is autho- The selection of the consultants rized to acquire, accept, and record acquire, accept, and record for right- for the services shall be made by for right-of-way purposes any real of-way purposes real property and the Board of Control on the nomi- easements necessary to make the property including but not limited to nation of the Director of Capital fee simple acquisitions, temporary improvement. Projects from a list of qualified con- Whereas, under Article VIII, Sec- easements, permanent easements, sultants available for employment and work agreements as is neces- tion 2k of the Ohio Constitution, the as may be determined after a full State of Ohio is authorized to issue sary to make the Improvement and complete canvass by the Direc- described in this ordinance. The con- bonds and other obligations of the tor of Capital Projects for the pur- State for the purpose of financing sideration to be paid for the prop- pose of compiling a list. The erty and easements shall not exceed public infrastructure capital compensation to be paid for the ser- improvements of political subdivi- fair market value, as described by vices shall be fixed by the Board of the Board of Control. sions as designated by law; and Control. The contract or contracts Whereas, under Section 164.03 of Section 14. That the Director of shall be prepared by the Director of Capital Projects is authorized to the Revised Code, the District One Law, approved by the Director of execute, on behalf of the City, all Public Works Integrating Commit- Capital Projects and certified by the documents necessary to acquire, tee has been created to evaluate Director of Finance. accept, and record the property and applications for state financing of Section 7. That, under Section 167 easements and to employ and pay capital improvement projects of of the Charter of the City of Cleve- all fees for title companies, surveys, local subdivisions in Cuyahoga land, this Council determines to escrows, appraisers, and all other County; and make the public improvement as costs necessary for the acquisition Whereas, this ordinance consti- described in this ordinance, for the of the property and easements. tutes an emergency measure provid- Office of Capital Projects, by one or Section 15. That the Mayor or ing for the usual daily operation of more contracts duly let to the low- Director of Capital Projects is autho- a municipal department; now, there- est responsible bidder or bidders rized to file all papers and execute fore, after competitive bidding on a unit all documents necessary to receive Be it ordained by the Council of basis for the Improvement. the funds under this ordinance; and the City of Cleveland: Section 8. That, provided the City that the funds are appropriated for Section 1. That the Mayor is autho- sells future bonds authorized for the the purposes described in the ordi- rized to apply to the District One purposes of this ordinance, the nance. 1037 46 The City Record June 12, 2019

Section 16. That the Director of walk-in cooler and freezer compres- to prepare plans and specifications Capital Projects is authorized to sors, replacing stadium lighting con- to make the capital repairs and enter into any agreements needed to trol system, Micro-line, and improvements. The selection of the implement the Improvement, includ- replacing corroded fire sprinkler professional consultants shall be ing but not limited to, multi-party lines, for the Department of Public made by the Board of Control on the agreements between the City and Works or the Office of Capital Pro- nomination of the appropriate direc- other governmental entities regard- jects, as appropriate, by contract tor. ing the funding and construction of duly let to the lowest responsible Section 7. That, in the alternative the Improvement. bidder after competitive bidding for to the Section 6, if the Cleveland Section 17. That the Director of a gross price for the improvement. Browns want to prepare the plans Capital Projects is authorized to Section 2. That the Director of and specifications and be reim- accept cash contributions from the Public Works or the Director of Cap- bursed for their cost or if they wish public or private entities, including ital Projects, as appropriate, is to donate the plans and specifica- but not limited to, the Greater Cleve- authorized to enter into contract for tions, the Director of Public Works land Regional Transit Authority and the making of the public improve- or the Director of Capital Projects, the Northeast Ohio Regional Sewer ment with the lowest responsible as appropriate, is authorized to District, for the Improvement. That bidder after competitive bidding for enter into an agreement with the the Director of Capital Projects is a gross price for the improvement, for that purpose. authorized to enter into agreements provided, however, that each sepa- All plans and specifications shall be with the entities for this purpose. rate trade and each distinct compo- approved by the appropriate City Section 18. That the cost of the nent part of the improvement may official. contracts, payments, property acqui- be treated as a separate improve- Section 8. That, if necessary, the sition, agreements, cash matches, ment, and each, or any combination, Director of Public Works or the and other expenditures authorized of the trades or components may be Director of Capital Projects, as shall be paid from Fund Nos. 20 SF the subject of a separate contract appropriate, is authorized to accept 520, 20 SF 528, 20 SF 534, 20 SF 540, for a gross price. On request of the one or more of the following: the 20 SF 546, 20 SF 554, 20 SF 563, 20 director, the contractor shall furnish gift of engineering plans, specifica- SF 568, 20 SF 574, 20 SF 579, 20 SF a correct schedule of unit prices, tions, cost estimates, and schedules 586, from the fund or funds to which including profit and overhead, for necessary to implement the improve- are credited any gift, grant, or other all items constituting units of the ments, including construction pro- funds received under this ordinance, improvement. ject management services, from the from cash contributions accepted Section 3. That, under Section 167 Cleveland Browns. and appropriated under this ordi- of the Charter of the City of Cleve- Section 9. That the costs of this nance, and from any other funds land, this Council determines to ordinance shall be paid from Fund approved by the Director of Finance, make the public improvement of No. 20 SF 111, the Capital Repair including future bond funds if constructing the capital repairs and Fund, RQS 0103, RL 2019-45. issued for this purpose. (RQS 0103, improvements to the Stadium, Section 10. That this ordinance is declared to be an emergency mea- RLA 2019-30) including but not limited to the fol- sure and, provided it receives the Section 19. That this ordinance is lowing items identified by a current affirmative vote of two-thirds of all declared to be an emergency mea- facility assessment: replacing full the members elected to Council, it sure and, provided it receives the depth of concrete slab, patching shall take effect and be in force affirmative vote of two-thirds of all overhead and vertical concrete sur- immediately upon its passage and the members elected to Council, it faces, patching and repairing hori- approval by the Mayor; otherwise it shall take effect and be in force zontal concrete surfaces, repairing shall take effect and be in force immediately upon its passage and structural cracks, and repairing non- structural cracks, for the Depart- from and after the earliest period approval by the Mayor; otherwise it allowed by law. shall take effect and be in force ment of Public Works or the Office of Capital Projects, as appropriate, Passed June 3, 2019. from and after the earliest period Effective June 5, 2019. allowed by law. by contract duly let to the lowest Passed June 3, 2019. responsible bidder after competitive Effective June 5, 2019. bidding on a unit basis for the improvement. Section 4. That the Director of Ord. No. 647-2019. Public Works or the Director of Cap- By Council Member Zone. An emergency ordinance changing Ord. No. 636-2019. ital Projects, as appropriate, is authorized to enter into contract for the name of “Lawn-Madison Park” By Council Members McCormack, located at West 75th Street and the making of the public improve- Johnson and Kelley (by departmen- Madison Avenue to “Miriam Ortiz- ment with the lowest responsible tal request). Rush Park.” bidder after competitive bidding for An emergency ordinance deter- Whereas, the late Miriam Ortiz- a gross price for the improvement, mining the method of making the Rush was a longtime resident of the provided, however, that each sepa- public improvement of constructing Detroit Shoreway neighborhood who rate trade and each distinct compo- material capital repairs and capital grew up there and continually nent part of the improvement may improvements to First Energy Sta- served her community; and be treated as a separate improve- dium; authorizing one or more pub- Whereas, a graduate of West lic improvement contracts for the ment, and each, or any combination, High School, Mrs. Ortiz-Rush served making of the improvement; and of the trades or components may be as a fierce and tireless advocate for professional services to design, or in the subject of a separate contract on the Cleveland Hispanic community, the alternative, to reimburse or a unit basis. and founded the first Spanish com- accept the gift of design and other Section 5. That the Director of munity newspaper, El Nuevo Dia services from the Cleveland Browns. Public Works or the Director of Cap- Publishing Company, Inc., in Cleve- Whereas, this ordinance consti- ital Projects, as appropriate, is land in July of 1989, where her focus tutes an emergency measure provid- authorized to apply and pay for per- was on promoting Hispanic small ing for the usual daily operation of mits, licenses, or other authoriza- businesses, news and events; and a municipal department; now, there- tions required by any regulatory Whereas, Mrs. Ortiz-Rush served fore, agency or public authority to permit as a longtime trustee and former Be it ordained by the Council of performance of the work authorized Board Chair of the Detroit Shoreway the City of Cleveland: by this ordinance. Community Development Organiza- Section 1. That, under Section 167 Section 6. That the Director of tion, and was involved in many civic of the Charter of the City of Cleve- Public Works or the Director of Cap- and non-profit organizations; and land, this Council determines to ital Projects, as appropriate, is Whereas, she was the spouse of make the public improvement of authorized to employ by contract or former City of Cleveland, Depart- constructing the capital repairs and contracts one or more consultants or ment of Community Development improvements to the Stadium, other professionals or one or more Director, the late Daryl Rush, and including but not limited to the fol- firms of consultants or the profes- the proud mother of four wonderful lowing items identified by a current sionals necessary for the purpose of children, Irvin, Angel, Shaun and facility assessment: replacing pedes- supplementing the regularly Leticia; and trian ramps, replacing domestic hot employed staff of the several depart- Whereas, Mrs. Ortiz-Rush was the water tanks, installing chiller lines ments of the City in order to pro- longtime personal friend and Per- to South end of Stadium, replacing vide professional services necessary sonal Bailiff of the late Honorable 1038 June 12, 2019 The City Record 47

Judge Raymond Pianka, beginning not limited to, Website upgrade, and the Codified Ordinances of her service with Cleveland Munici- fiber optic installation, obsolete Cleveland, Ohio, 1976, the period of pal Housing Court in June of 1998; desktop personal computer replace- requirements to be determined by Miriam also worked for the Cuya- ment, Data Center Network and the director, for the necessary items hoga Municipal Housing Association Server Upgrades and enhancements of the purchase, lease, or license of (1990-1999), the Cleveland Metropoli- migrating physical servers to power computer and network hardware, tan School District as an Instruc- efficient, sustainable Blade Chassis replacement parts, software, soft- tional Technician (1980-1998), and as and Virtual Servers, upgrade of ware licenses, software upgrades, a Registered Nurse at Fairview Hos- SharePoint system, Software as a appurtenances, related furniture, pital (1970-1973); and Service, Record Management Sys- Building Equipment and Restora- Whereas, the citizens of Cleveland tem, WorkOrder Management, AVL tion, and other materials, equipment, want to honor Miriam Ortiz-Rush in System upgrade, Camera System, supplies, and services necessary to recognition of her exceptional devo- Voice over Internet Protocol (VoIP) implement the Plan which are not tion and compassion to her family, telephone system, WIFI installation obtained under a professional ser- her heritage and her community; in City-owned and City-leased facil- vices contract authorized elsewhere and ities, and installation of Pen-based in this ordinance, including labor Whereas, this ordinance consti- devices, Business Intelligence Sys- and materials, training and training tutes an emergency measure provid- tem, all of the forgoing, including materials, maintenance, and instal- ing for the usual daily operation of all associated hardware and appur- lation if necessary, to be purchased a municipal department; now, there- tenances. Professional services need- or procured by the Commissioner of fore, ed to implement the Plan include, Purchases and Supplies on a unit Be it ordained by the Council of but are not limited to, project man- basis for the Division of Information the City of Cleveland: agement, business analysis, soft- Technology and Services, Depart- Section 1. That the name of ware implementation and ment of Finance. Bids shall be “Lawn-Madison Park” located at configuration, relocation, system taken in a manner that permits an West 75th Street and Madison design, data conversion, report award to be made for all items as Avenue be changed to “Miriam Ortiz- development, testing, technical a single contract, or by separate Rush Park”, and that the Director of administration, turning, upgrades, contract for each or any combina- Public Works is authorized and backup systems and services, sys- tion of the items as the Board of directed to take the necessary tem disaster alleviation and remedi- Control determines. action to affect said name change ation, network administration, Section 5. That the costs of the and to post the proper signs at the programming, integration, data requirement contract or contracts park. exchange, repair, implementation, shall be paid from Fund Nos. 20 SF Section 2. That this ordinance is migration, installation, design, inter- 566, 20 SF 573, 20 SF 578, 20 SF 585, 20 SF 588, from the fund or funds hereby declared to be an emergency facing, upgrades, enhancements, end which are credited the proceeds of measure and, provided it receives user and technical staff training, the sale of bonds authorized by Ordi- the affirmative vote of two-thirds of registration, technical support, nance No. 509-2019, passed April 29, all the members elected to Council, maintenance, and other support nec- 2019, if the City sells the bonds, it shall take effect and be in force essary to implement the Plan. future bonds if issued for this pur- immediately upon its adoption and Section 2. That, provided this pose, and shall also be charged approval by the Mayor; otherwise it Council sells the bonds authorized against the proper appropriation shall take effect and be in force by Ordinance No. 509-2019, passed accounts and the Director of from and after the earliest period April 29, 2019, the Director of Finance shall certify the amount of allowed by law. Finance is authorized to employ by any purchase or procurement under Passed June 3, 2019. contract or contracts one or more the contract or contracts, each of Effective June 5, 2019. consultants, computer software which purchases or procurements developers, or vendors or one or shall be made on order of the Com- more firms of consultants, computer missioner of Purchases and Supplies software developers, or vendors for by a delivery order issued against Ord. No. 664-2019. the purpose of supplementing the the contract or contracts and certi- By Council Member Kelley (by regularly employed staff of the sev- fied by the Director of Finance. departmental request). eral departments of the City of Section 6. That under Section An emergency ordinance authoriz- Cleveland to acquire one or more 108(b) of the Charter, the purchases ing the Director of Finance to software licenses and city-wide authorized by this ordinance may be employ one or more consultants, applications, including implementa- made through cooperative arrange- computer software developers, or tion, training, and technical support ments with other governmental vendors or one or more firms of con- related to the software or applica- agencies. The Director of Finance sultants, computer software devel- tions necessary to implement the may sign all documents that are opers, or vendors necessary to Plan, which are not obtained under necessary to make the purchases, implement various technology pro- a professional services contract and may enter into one or more con- jects and upgrades to existing sys- authorized in Section 1 of this ordi- tracts with the vendors selected tems under the 2019 ITS Capital nance. through that cooperative process. Project Plan, other related profes- Section 3. The selection of the con- Section 7. That the total cost of sional services to implement the sultants, computer software devel- the contracts and other expenditures Plan; and to enter into various con- opers, or vendors for the services authorized in this ordinance shall be tracts to implement this ordinance. described in Sections 1 and 2, shall paid from Fund Nos. 11 SF 006, 52 Whereas, this ordinance consti- be made by the Board of Control on SF 001, 54 SF 001, 58 SF 001, 60 SF tutes an emergency measure provid- the nomination of the Director of 661, 81 SF 001, 20 SF 566, 20 SF 573, ing for the usual daily operation of Finance from a list of qualified con- 20 SF 578, from the fund or funds a municipal department; now, there- sultants, computer software devel- which are credited the proceeds of fore, opers, or vendors available for the sale of bonds authorized by Ordi- Be it ordained by the Council of employment as may be determined nance No. 509-2019, passed April 29, the City of Cleveland: after a full and complete canvass by 2019, if the City sells the bonds, Section 1. That, provided this the Director of Finance for the pur- future bonds if issued for this pur- Council sells the bonds authorized pose of compiling a list. The com- pose, and any other funds as by Ordinance No. 509-2019, passed pensation to be paid for the services approved by the Director of Finance. April 29, 2019, the Director of shall be fixed by the Board of Con- (RQS 1511, RLA 2019-38) Finance is authorized to employ by trol. The contract or contracts autho- Section 8. That this ordinance is contract or contracts one or more rized shall be prepared by the declared to be an emergency mea- consultants or one or more firms of Director of Law, and approved and sure and, provided it receives the consultants, for the purpose of sup- certified by the Director of Finance. affirmative vote of two-thirds of all plementing the regularly employed Section 4. That, provided this the members elected to Council, it staff of the several departments of Council sells the bonds authorized shall take effect and be in force the City of Cleveland in order to pro- by Ordinance No. 509-2019, passed immediately upon its passage and vide professional services necessary April 29, 2019, the Director of approval by the Mayor; otherwise it to implement various Technology Finance is authorized to make one shall take effect and be in force projects and upgrades to existing or more written standard purchase from and after the earliest period systems under the 2019 ITS Capital or lease contracts and one or more allowed by law. Project Plan (the “Plan”). Compo- written requirement purchase of Passed June 3, 2019. nents of the Plan include, but are lease contracts under the Charter Effective June 5, 2019. 1039 48 The City Record June 12, 2019

Ord. No. 665-2019. By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic- ipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the following sections: Section 8 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 707-16, passed July 13, 2016, Ordinance No. 19-17, passed January 23, 2017, Ordinance No. 359- 17, passed April 10, 2017, Ordinance No. 822-17, passed July 12, 2017, Ordinance No. 83-18, passed February 12, 2018, Ordinance No. 320-18, passed March 26, 2018, Ordinance No. 730-18, passed June 4, 2018, and Ordinance No. 1324-18, passed November 12, 2018; Section 30 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 189-17, passed March 20, 2017, Ordinance No. 1214-17, passed October 23, 2017, and Ordinance No. 321-18, passed March 26, 2018; Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 189-17, passed March 20, 2017, Ordinance No. 644-17, passed June 5, 2017, Ordinance No. 952-17, passed September 18, 2017, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 1217-18, passed October 8, 2018; and Section 51 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1405-18, passed Decem- ber 3, 2018, and Ordinance No. 66-2019, passed January 28, 2019, are amended to read as follows:

Section 8. International Local 100, AFSCME Ohio Council 8 AFL-CIO. That salaries in the following classifica- tions shall be fixed by the appointing authority in accordance with the schedule appearing after each classifi- cation:

Minimum Maximum 1. Accountant I ...... $15.73 $22.08 2. Accountant II ...... 16.27 24.25 3. Accountant III...... 16.92 26.89 4. Accountant Clerk I...... 10.00 17.90 5. Accountant Clerk II...... 10.00 19.33 6. Activities Therapist ...... 10.00 17.01 7. Airport Information Representative ...... 12.14 18.56 8. Airport Operations Agent I...... 18.73 22.94 9. Airport Operations Agent II...... 23.53 27.01 10. Airport Safety Man ...... 18.79 25.22 10a. Apprentice Water Distribution Worker ...... 15.00 15.62 10b. Apprentice Sewer Service Worker ...... 15.50 17.00 11. Architect ...... 10.00 33.39 12. Associate Engineer...... 24.04 45.02 13. Assistant Plan Examiner...... 16.29 25.49 14. Assistant Residential Plan Examiner ...... 13.42 25.49 15. Associate Programmer ...... 10.00 25.96 16. Bill Collector...... 12.14 18.55 17. Billing Clerk...... 10.00 17.81 18. Building Inspector ...... 14.26 24.63 19. Building Inspector I ...... 14.08 26.91 20. Building Inspector II ...... 14.89 28.43 21. Building Inspector III...... 15.70 29.94 22. Building Inspector IV ...... 26.35 31.50 23. Caseworker I ...... 13.33 20.15 24. Caseworker II ...... 15.33 22.08 25. Cashier/Starter ...... 10.00 22.09 26. Chemist ...... 18.49 29.35 27. Chief Miscellaneous Investigator...... 10.00 25.49 28. Citizens Information Representative...... 10.00 21.09 29. Claims Examiner...... 10.00 25.49 30. Clinical Laboratory Assistant ...... 10.00 21.09 31. Clinical Laboratory Technician I ...... 10.00 24.25 32. Clinical Laboratory Technician II ...... 16.86 25.96 33. Community Development Planner ...... 10.00 32.15 34. Community Health Aide...... 10.00 17.90 35. Community Relations Representative I ...... 10.00 21.09 36. Community Relations Representative II ...... 10.00 25.49 37. Community Relations Representative III...... 10.00 31.55 38. Computer Monitor Assistant ...... 10.00 15.32 39. Computer Operator...... 10.00 25.49 40. Construction Technician...... 12.02 25.49 41. Consumer Protection Specialist ...... 10.00 20.16 42. Contract and Monitoring Specialist ...... 10.00 26.98 43. Cook ...... 13.77 17.43 44. Copy Center Operator...... 10.00 20.49 44a. Customer Account Associate, Billing Services ...... 15.38 20.40 44b. Customer Account Associate, Credit & Collections ...... 15.38 20.40 44c. Customer Service Representative, Call Center...... 14.29 19.45 1040 June 12, 2019 The City Record 49

45. Customer Service Representative ...... 13.03 19.32 46. Customer Support Associate of Billing Services ...... 14.58 20.40 47. Customer Support Associate of Call Center ...... 14.58 19.84 48. Customer Support Associate of Cleveland Public Power Meter Service Center...... 14.58 19.84 49. Customer Support Associate of Credit and Collections 14.58 20.40 50. Customer Support Associate of Meter Operations...... 14.58 19.84 51. Customer Support Associate of Water Distribution and Maintenance ...... 14.58 19.84 52. Customer Support Associate of Water Pollution Control...... 14.58 19.84 53. Data Control Clerk...... 10.00 18.56 54. Data Conversion Operator ...... 12.02 16.82 55. Development Officer ...... 10.00 29.94 56. Disease Intervention Specialist I ...... 17.83 25.70 57. Disease Intervention Specialist II...... 19.81 28.46 57a. Disease Surveillance Specialist ...... 14.42 34.81 58. Drug and Alcohol Counselor ...... 10.00 16.42 59. Elevator Inspector ...... 14.23 26.91 60. Engineer ...... 22.78 38.04 61. Environmental Compliance Specialist I ...... 14.95 25.40 62. Environmental Compliance Specialist II ...... 16.35 26.59 63. Environmental Compliance Specialist III ...... 17.90 34.23 64. Environmental Enforcement Specialist I...... 14.95 26.44 65. Environmental Enforcement Specialist II...... 16.35 27.70 66. Environmental Enforcement Specialist III ...... 17.90 29.05 67. Environmental Monitoring Specialist I ...... 13.33 26.20 68. Environmental Monitoring Specialist II ...... 14.18 27.45 69. Environmental Monitoring Specialist III...... 15.74 28.74 70. Financial Analyst ...... 10.00 24.25 71. Financial Counselor ...... 10.00 25.49 72. First Press Operator ...... 12.00 24.33 73. General Storekeeper...... 19.25 27.29 74. Geriatric Outreach Worker ...... 10.00 24.24 75. Hazardous Material Specialist ...... 21.63 36.41 76. Head Cook ...... 10.00 19.68 77. Head Storekeeper...... 17.85 25.21 78. Help Desk Analyst...... 12.02 28.23 79. Home Maintenance Aide ...... 10.00 18.63 80. House Connection Inspector ...... 15.39 20.64 81. Residential Building Inspector...... 17.69 22.23 82. Income Tax Tracer ...... 12.60 20.62 83. Information Control Analyst ...... 10.00 23.12 84. Inspector of Permits and Sales...... 20.96 24.76 85. Inspector of Weight and Measures ...... 14.28 20.20 86. Instrumentation Technician I ...... 21.90 23.74 87. Instrumentation Technician II ...... 24.45 26.14 88. Instrument Repairman ...... 10.00 23.37 89. Intake Specialist ...... 10.00 17.90 90. Interim Building Inspector ...... 19.00 22.26 91. Interim Mechanical Inspector ...... 19.00 22.26 92. Interim Residential Building Inspector ...... 15.75 18.45 93. Interim Residential Plan Examiner ...... 20.25 23.74 94. Junior Cashier...... 11.94 18.55 95. Junior Clerk...... 12.83 15.46 96. Lab Coordinator...... 16.82 29.38 97. Laboratory Assistant ...... 10.00 21.09 98. Landscape Designer ...... 10.00 31.55 99. Life Guard ...... 10.00 17.67 100. Life Guard Captain ...... 10.00 21.87 101. Mechanical Inspector I ...... 14.08 26.91 102. Mechanical Inspector II ...... 14.89 28.43 103. Mechanical Inspector III...... 15.70 29.94 104. Mechanical Inspector IV ...... 27.39 31.50 105. Medical Billing Reimbursement Specialist ...... 15.00 27.88 106. Medical Coder and Billing Analyst ...... 10.17 24.12 107. Messenger...... 10.00 16.66 108. Meter Reader ...... 16.65 21.07 109. Meter Technician ...... 18.05 21.68 110. Miscellaneous Investigator...... 15.35 20.36 111. Monitoring, Auditing and Evaluation Coordinator ...... 13.65 24.60 112. Network Analyst I...... 14.52 38.58 113. On The Job Training Specialist ...... 12.71 23.78 114. Parking Attendant...... 10.00 17.90 115. Parking Meter Collector...... 10.00 17.87 116. Parking Meter Serviceman...... 16.49 18.79 1041 50 The City Record June 12, 2019

117. Permit Processing Specialist ...... 10.00 14.99 118. Pharmacist...... 10.74 35.25 119. Photographer ...... 10.00 24.25 120. Photographic Laboratory Technician...... 10.00 21.09 121. Physical Director I...... 10.00 21.79 122. Physical Director II...... 10.00 23.51 123. Residential Plan Examiner...... 19.56 28.80 124. Play Director ...... 10.00 15.28 125. Pressman ...... 10.00 23.79 126. Preventive Health Counselor...... 13.59 24.64 127. Preventive Health Educator ...... 10.00 16.56 128. Principal Cashier ...... 14.66 25.96 129. Principal Clerk ...... 14.88 21.97 130. Print Shop Helper...... 12.85 16.35 131. Private Secretary ...... 10.00 23.18 132. Program Analyst ...... 16.64 33.61 133. Programmer...... 10.00 29.95 134. Programmer Analyst...... 10.00 33.61 135. Property Clerk ...... 11.37 37.21 136. Psychiatric Social Worker...... 12.48 24.16 137. Public Health Nursing Aide ...... 10.63 15.59 138. Public Health Sanitarian I ...... 15.48 23.93 139. Public Health Sanitarian II...... 17.38 25.80 140. Public Health Sanitarian III...... 15.49 27.08 141. Public Health Sanitarian IV ...... 18.77 33.28 142. Public Information Officer ...... 10.00 25.49 143. Quality Assurance Analyst ...... 10.00 29.94 144. Quality Control Coordinator ...... 16.82 29.40 145. Radio Dispatcher...... 17.33 22.94 146. Radio Technician ...... 19.85 22.94 147. Receptionist...... 10.00 15.85 148. Recreation Aide ...... 10.00 12.31 149. Recreation Instructor ...... 10.00 17.90 150. Recreation Instructor I...... 10.00 19.08 151. Recreation Instructor II...... 10.00 19.80 152. Recreation Instructor III ...... 10.00 20.94 153. Redevelopment Advisor ...... 10.00 26.89 154. Redevelopment Coordinator ...... 10.00 29.90 155. Registered Animal Health Technician ...... 10.00 17.90 156. Rehabilitation Inspector...... 17.69 29.92 157. Residential Building Inspector...... 10.00 22.74 158. Residential Plan Examiner...... 10.00 28.80 159. Second Press Operator ...... 10.00 21.76 160. Secretary...... 10.00 19.34 161. Secretary to Director of Consumer Affairs ...... 10.00 31.55 162. Senior Assistant City Planner ...... 10.00 26.89 163. Senior Assistant Designer ...... 10.00 26.89 164. Senior Assistant Mechanical Engineer...... 10.00 26.89 165. Senior Cashier ...... 12.57 22.08 166. Senior Chemist ...... 17.61 25.49 167. Senior Clerk ...... 12.47 18.14 168. Senior Computer Operator ...... 10.00 29.95 169. Senior Contract and Monitoring Specialist ...... 11.34 31.74 170. Senior Data Conversion Operator ...... 13.47 20.16 171. Senior Development Officer ...... 12.63 39.29 172. Senior Draftsman ...... 11.69 21.68 173. Senior Laboratory Technician...... 10.86 19.72 174. Senior Landscape Architect ...... 10.00 33.38 175. Sewer Service Man ...... 18.16 21.07 176. Site Inspector...... 10.00 25.49 177. Social Worker for Homeless ...... 13.82 25.07 178. Starter (Golf) ...... 10.00 14.81 179. Stenographer III...... 10.00 20.16 180. Stock Clerk...... 13.11 19.93 181. Storekeeper ...... 16.66 22.71 182. Surveyor...... 19.23 49.04 183. Tax Auditor I...... 14.39 21.60 184. Tax Auditor II...... 15.48 23.77 185. Technical Specialist ...... 10.00 25.49 186. Technical Specifications Writer ...... 10.00 26.90 187. Telecommunications Analyst I ...... 14.53 46.40 188. Telephone Operator ...... 10.00 18.72 189. Telephone Supervisor ...... 10.00 19.33 190. Traffic Sign and Marking Technician ...... 16.57 19.34 191. Trainee Building Inspector...... 18.60 22.23 192. Trainee Residential Plan Examiner ...... 18.25 23.10 1042 June 12, 2019 The City Record 51

193. Typist ...... 12.02 16.82 194. Water Hydraulic Repairman ...... 18.16 23.21 195. Water Meter Repairman ...... 16.18 21.07 196. Water Pipe Repairman...... 16.77 22.55 197. Water Service Investigator ...... 19.08 21.07 198. Water Serviceman...... 10.00 18.00 199. Water System Construction Inspector ...... 18.97 26.34 200. Web Content Editor ...... 10.00 32.55

Section 30. That the salaries and the compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Animal Adoption/Volunteer Coordinator ...... $20,800.00 $48,231.90 2. Assessments Analyst ...... 20,800.00 56,638.27 3. Assistant Buyer ...... 28,722.00 47,300.00 4. Budget Analyst ...... 20,800.00 58,534.37 5. Buyer ...... 20,800.00 53,516.01 6. Canine Enrichment Specialist ...... 31,000.00 37,440.00 7. Civil Service Examiner II ...... 20,800.00 67,626.00 8. Civil Service Examiner III ...... 20,800.00 66,723.40 9. Civil Service Examiner IV...... 20,800.00 68,738.45 10. Docket Clerk...... 20,800.00 40,109.95 11. Health Outreach Specialist...... 34,008.00 54,308.80 12. Indoor Air Quality Specialist...... 34,008.00 54,308.80 13. Junior Personnel Assistant ...... 20,800.00 43,469.45 14. Legal Secretary...... 20,800.00 50,700.42 15. Mailing Specialist ...... 20,800.00 55,734.65 16. Misdemeanor Investigator ...... 20,800.00 52,489.70 17. Office Manager ...... 20,800.00 54,845.04 18. Paralegal ...... 20,800.00 48,254.00 19. Personnel Assistant...... 20,800.00 52,381.41 20. Private Secretary to Director...... 20,800.00 54,625.58 21. Revenue Analyst ...... 20,800.00 64,480.00 22. Risk Associate I...... 42,640.00 56,680.00 23. Senior Personnel Assistant ...... 20,800.00 55,388.98

Section 35. That the salaries and compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Aging Services Administrator...... $27,325.56 $96,798.67 2. Air Pollution Control, Engineer IV ...... 20,800.00 69,713.09 3. Airport Operations Superintendent...... 53,682.00 114,986.00 4. Airport Safety Shift Commander ...... 20,800.00 79,225.56 5. Animal Control Supervisor I ...... 40,000.00 60,000.00 6. Animal Control Supervisor II...... 45,000.00 70,000.00 7. Assistant Administrator...... 20,800.00 73,868.59 8. Assistant Aging Services Administrator...... 20,800.00 68,738.75 9. Assistant Manager of Marketing...... 20,800.00 64,468.16 10. Assistant Security Manager...... 20,800.00 68,175.93 11. Central Payroll Supervisor...... 20,800.00 92,276.53 12. Chief Building Inspector...... 20,800.00 75,084.85 13. Chief Electrical Inspector ...... 20,800.00 75,084.85 14. Chief Elevator Inspector...... 20,800.00 75,084.85 15. Chief Heating Inspector...... 20,800.00 75,084.85 16. Chief Rehabilitation Supervisor ...... 20,800.00 79,225.56 17. Chore Services Coordinator ...... 20,800.00 57,417.83 18. Contract Supervisor - Division of Purchases and Supplies...... 20,800.00 69,383.29 19. Data Processing Supervisor ...... 20,800.00 64,468.16 20. Deputy Central Payroll Supervisor...... 20,800.00 69,668.31 21. Manager of Public Utilities - Building Maintenance.... 20,800.00 86,124.77 22. Payroll Specialist ...... 20,800.00 65,000.00 23. Performance Assessment Specialist ...... 40,000.00 80,000.00 24. Performance Auditor...... 40,000.00 90,000.00 25. Quality Control Inspector ...... 25,000.00 65,000.00 26. Senior Systems Analyst ...... 20,800.00 87,543.86 27. Shelter Operations Manager ...... 40,000.00 80,000.00 28. Shift Supervisor Operations ...... 20,800.00 64,468.16 29. Staff Accountant...... 38,500.00 73,250.00 29. Superintendent of Distribution ...... 20,800.00 79,972.99 30. Superintendent of Purchase Power...... 27,325.56 102,352.02 31. Supervising Tax Auditor ...... 20,800.00 67,000.00 32. Supervisor of Civil Service Records ...... 20,800.00 64,468.16 1043 52 The City Record June 12, 2019

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

Minimum Maximum 1. Deputy Bailiff ...... $27,491.00 $62,641.52 2. Deputy Bailiff Administrative Assistant I ...... 34,167.00 54,858.71 3. Deputy Bailiff Administrative Assistant II ...... 39,167.00 72,690.12 4. Deputy Bailiff Alcohol & Drug Treatment Coordinator/Drug Court Case Manager ...... 48,750.00 78,274.01 5. Deputy Bailiff Assistant Chief of Security ...... 48,750.00 78,274.01 6. Deputy Bailiff Assistant Jury Commissioner ...... 44,167.00 70,245.91 7. Deputy Bailiff Central Scheduler ...... 27,492.00 58,277.35 8. Deputy Bailiff Chief Bailiff ...... 42,000.00 103,027.32 9. Deputy Bailiff Chief Court Reporter ...... 52,500.00 84,295.10 10. Deputy Bailiff Chief Deputy Bailiff ...... 58,333.00 93,661.20 11. Deputy Bailiff Chief Magistrate ...... 71,667.00 115,069.48 12. Deputy Bailiff Chief of Security ...... 48,750.00 84,773.96 13. Deputy Bailiff Chief Probation Officer...... 58,333.00 103,027.32 14. Deputy Bailiff Chief Social Worker...... 48,750.00 84,295.10 15. Deputy Bailiff Clerical Staff...... 27,492.00 58,277.35 16. Deputy Bailiff Clerk Typist ...... 24,525.00 55,039.33 17. Deputy Bailiff Clerk Typist Supervisor ...... 39,167.00 62,886.81 18. Deputy Bailiff Court Administrator ...... 79,167.00 127,111.64 18a. Deputy Bailiff Court Interpreter II...... 45,493.00 54,590.00 18b. Deputy Bailiff Court Interpreter Coordinator ...... 50,213.00 60,255.00 19. Deputy Bailiff Court Reporter...... 36,509.00 67,072.58 20. Deputy Bailiff Database Administrator II ...... 52,500.00 96,043.55 21. Deputy Bailiff Data Processor I ...... 27,083.00 43,485.56 22. Deputy Bailiff Deputy Chief Court Reporter ...... 48,750.00 78,274.01 23. Deputy Bailiff Deputy Court Administrator ...... 71,667.00 115,069.48 24. Deputy Bailiff Deputy Director Central Scheduling..... 48,750.00 78,274.01 25. Deputy Bailiff Deputy Director Information Technology ...... 64,167.00 103,027.32 26. Deputy Bailiff Director Central Scheduling...... 52,500.00 102,604.78 27. Deputy Bailiff Director Information Technology ...... 71,667.00 115,069.48 28. Deputy Bailiff Drug Court Coordinator...... 52,500.00 84,295.10 29. Deputy Bailiff Finance Director...... 52,500.00 84,295.10 30. Deputy Bailiff HR/Personnel Director...... 58,333.00 93,661.20 31. Deputy Bailiff Intake Coordinator...... 34,167.00 54,858.71 32. Deputy Bailiff Jury Commissioner ...... 48,750.00 78,274.01 33. Deputy Bailiff Law Clerk ...... 41,600.00 52,000,00 34. Deputy Bailiff Magistrate ...... 58,333.00 102,604.78 35. Deputy Bailiff Magistrate Project Coordinator ...... 39,167.00 70,245.91 36. Deputy Bailiff Network Engineer I ...... 39,167.00 62,886.81 37. Deputy Bailiff Network Engineer II ...... 44,167.00 77,549.25 38. Deputy Bailiff Network Engineer III...... 52,500.00 84,295.10 39. Deputy Bailiff Office Manager...... 48,750.00 78,274.01 40. Deputy Bailiff Pretrial Services Intake Officer...... 31,220.00 62,886.81 41. Deputy Bailiff Pretrial Services Release Officer...... 34,035.00 67,097.11 42. Deputy Bailiff Pretrial Services Supervision Officer ... 34,035.00 67,097.11 43. Deputy Bailiff Pretrial Services Coordinator ...... 48,750.00 78,274.01 44. Deputy Bailiff Pretrial Services Director ...... 58,333.00 93,661.20 45. Deputy Bailiff Private Secretary...... 33,554.00 45,453.57 46. Deputy Bailiff Probation Officer Supervisor ...... 48,750.00 78,274.01 47. Deputy Bailiff Probation Systems Administrator/Trainer...... 48,750.00 78,274.01 48. Deputy Bailiff Probation Training Coordinator ...... 44,167.00 70,245.91 49. Deputy Bailiff Program Analyst I ...... 39,167.00 62,886.81 50. Deputy Bailiff Program Analyst II...... 52,500.00 84,295.10 51. Deputy Bailiff Project Manager II...... 64,167.00 103,027.32 52. Deputy Bailiff Psychiatric Social Worker...... 34,167.00 54,858.71 53. Deputy Bailiff Psychology Assistant...... 27,083.00 43,485.56 54. Deputy Bailiff Public Information Officer ...... 48,750.00 84,776.96 55. Deputy Bailiff Special Projects Officer ...... 48,750.00 78,274.01 56. Deputy Bailiff Supervisor...... 44,167.00 70,245.91 57. Deputy Bailiff System Analyst II...... 52,500.00 84,295.10 58. Deputy Bailiff Technical Support Specialist I...... 27,083.00 49,749.57 59. Deputy Bailiff Technical Support Specialist II ...... 39,167.00 62,886.81 60. Deputy Bailiff Technical Support Specialist III ...... 44,167.00 70,245.91 61. Deputy Bailiff Warrant Officer ...... 27,492.00 62,886.81 62. Probation Officer General ...... 34,035.00 67,097.11 63. Personal Bailiff ...... 63,969.00 85,591.85

Section 2. That the following existing sections: Section 8 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 491-15, passed May 4, 2015, Ordinance No. 707-16, passed July 13, 2016, Ordinance No. 19-17, passed January 23, 2017, Ordinance No. 359-17, passed April 1044 June 12, 2019 The City Record 53

10, 2017, Ordinance No. 822-17, passed July 12, 2017, Ordinance No. 83-18, passed February 12, 2018, Ordinance No. 320-18, passed March 26, 2018, Ordinance No. 730-18, passed June 4, 2018, and Ordinance No. 1324-18, passed November 12, 2018; Section 30 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 189-17, passed March 20, 2017, Ordinance No. 1214-17, passed October 23, 2017, and Ordinance No. 321-18, passed March 26, 2018; Section 35 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1022-16, passed Sep- tember 26, 2016, Ordinance No. 189-17, passed March 20, 2017, Ordinance No. 644-17, passed June 5, 2017, Ordinance No. 952-17, passed September 18, 2017, Ordinance No. 321-18, passed March 26, 2018, and Ordinance No. 1217-18, passed October 8, 2018; and Section 51 of Ordinance No. 323-15, passed March 30, 2015, as amended by Ordinance No. 1405-18, passed Decem- ber 3, 2018, and Ordinance No. 66-2019, passed January 28, 2019, are repealed. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 3, 2019. Effective June 5, 2019.

Ord. No. 666-2019. Section 5. That this ordinance is Beginning in the northerly line of By Council Member McCormack. declared to be an emergency mea- Starkweather Avenue S. W., (100 An emergency ordinance authoriz- sure and, provided it receives the feet wide) on the southwesterly cor- ing the Director of Capital Projects affirmative vote of two-thirds of all ner of Sublot No. 158; thence easter- to issue a permit to Cavaliers Oper- the members elected to Council, it ly along the said northerly line of ating Company, LLC to encroach shall take effect and be in force Starkweather Avenue S.W. 16.5 feet into the public rights-of-way of immediately upon its passage and to its intersection with the easterly Huron Road, Ontario Street and approval by the Mayor; otherwise it limited access line of Interstate East 6th Street by installing, using, shall take effect and be in force Route 90, and the principal place of and maintaining protective bol- from and after the earliest period beginning of the parcel herein lards/concrete planter benches allowed by law. intended to be described; thence con- around the perimeter of the Rocket Passed June 3, 2019. tinuing easterly along said norther- Mortgage Fieldhouse (fka Q Arena). Effective June 5, 2019. ly line of Starkweather Avenue S.W. Whereas, this ordinance consti- about 16.5 feet to the southeasterly tutes an emergency measure provid- corner of land conveyed to Rousan- ing for the usual daily operation of gelos G. and Zona Cosmas by deed a municipal department; now, there- Ord. No. 667-2019. dated July 11, 1963 and recorded in fore, By Council Members McCormack, Volume 10935, Page 213 of Cuyahoga County Records; thence northerly Be it ordained by the Council of Johnson, Brancatelli and Kelley (by along the easterly line of said land the City of Cleveland: departmental request). so conveyed to Rousangelos G. and Section 1. That the Director of An emergency ordinance authoriz- Zena Cosmas as aforesaid, about 100 ing the Commissioner of Purchases Capital Projects is authorized to feet to the northeasterly corner issue a permit, revocable at the will and Supplies to sell City-owned prop- thereof; thence westerly along the of Council, to Cavaliers Operating erty no longer needed for public use northerly line of land so conveyed Company, LLC, 1 Center Court, located near the northwest corner of to Rousangelos G. and Zena Cosmas Cleveland, Ohio 44115 (“Permittee”), Starkweather Avenue and West 15th as aforesaid, about 16.5 feet to its to encroach into the public right-of- Street to Larry Zukerman for pur- intersection with the said easterly way of Huron Road, Ontario Street poses of redevelopment. limited access line of Interstate and East 6th Street by installing, Whereas, the Director of Capital Route 90; thence southerly, in a using, and maintaining protective Projects has requested the sale of direct line along said easterly lim- bollards/concrete planter benches the City-owned property to Larry ited access line of Interstate Route around the perimeter of the Rocket Zukerman (the “Redeveloper”) no 90 to the principal place of begin- Mortgage Fieldhouse (fka Q Arena) longer needed for the City’s public ning and containing within said at the specific locations identified in use and known as Permanent Par- bounds 1,650 square feet of land, as one or more plans first reviewed cel No. 004-11-029 located near the appears by said plat, be the same and approved in writing by the northwest corner of Starkweather more or less but subject to all legal Director of Capital Projects. Avenue and West 15th Street for highways. Section 2. That the Director of purposes of redevelopment; and Section 2. That by and at the Law shall prepare the permit autho- Whereas, this ordinance consti- direction of the Board of Control, rized by this ordinance and shall tutes an emergency measure provid- the Commissioner of Purchases and incorporate such additional provi- ing for the usual daily operation of Supplies is authorized to sell the sions as the Director of Law deter- a municipal department; now, there- above-described property to the mines necessary to protect and fore, Redeveloper at a price not less than benefit the public interest. The per- Be it ordained by the Council of the appraised value of $1,000, which mit shall be issued only when, in the City of Cleveland: is determined to be fair market the opinion of the Director of Law, Section 1. That notwithstanding value. Section 3. That the conveyance the prospective Permittee has prop- and as an exception to the provi- shall be made by official deed pre- erly indemnified the City against sions of Chapter 181 and 183 of the pared by the Director of Law and any loss that may result from the Codified Ordinances of Cleveland, executed by the Mayor on behalf of Ohio, 1976, it is found and deter- encroachment(s) permitted. the City of Cleveland. The deed mined that the following described Section 3. That Permittee may shall contain necessary provisions, assign the permit only with the property known as Permanent Par- including restrictive reversionary prior written consent of the Director cel No. 004-11-029 located near the interests as may be specified by the of Capital Projects. That the northwest corner of Starkweather Board of Control or Director of Law, encroaching structure(s) permitted Avenue and West 15th Street is no which shall protect the City’s inter- by this ordinance shall conform to longer needed for the City’s public ests and shall specifically contain a plans and specifications first use: provision against the erection of approved by the Manager of the Situated in the City of Cleveland, any advertising signs or billboards City’s Division of Engineering and County of Cuyahoga and State of except permitted identification Construction. That Permittee shall Ohio, and known as being a part of signs. obtain all other required permits, Sublot No. 158 in John G. Jennings’s Section 4. That the Director of including but not limited to Build- University Heights Allotment of Capital Projects is authorized to ing Permits, before installing the part of Original Brooklyn Township execute any documents as may be encroachment(s). Lots Nos. 87, 86 and 71 as shown by necessary to effectuate the purposes Section 4. That the permits shall the recorded plat in Volume 1 of of this ordinance. reserve to the City reasonable right Maps, Page 15 of Cuyahoga County Section 5. That this ordinance is of entry to the encroachment loca- Records and bounded and described declared to be an emergency mea- tion(s). as follows: sure and, provided it receives the 1045 54 The City Record June 12, 2019 affirmative vote of two-thirds of all fifty percent (50%) of the non-Issue which is necessary for the Improve- the members elected to Council, it I share of the cost of construction, ment shall be made available. shall take effect and be in force construction supervision, right-of- (b) That in the event any addi- immediately upon its passage and way, and incidentals. tional right-of-way is required, the approval by the Mayor; otherwise it (d) That the City shall contribute City will arrange for the acquisi- shall take effect and be in force fifty percent (50%) of the non-Issue tion. from and after the earliest period I share of the cost of construction, Section 7. Utilities allowed by law. construction supervision, right-of- (a) That the City will make Passed June 3, 2019. way, and incidentals. arrangements with and obtain Effective June 5, 2019. Section 4. Maintenance. That upon arrangements from all privately- completion of the Improvement, the owned public utility companies City will keep the highway open to whose lines or structures will be traffic at all times; and affected by the Improvement, and Ord. No. 668-2019. (a) Maintain the Improvement in the companies have agreed to make By Council Members Bishop, John- accordance with the provisions of any and all necessary arrangements son and Kelley (by departmental the statutes relating thereto and in such a manner as to be clear of request). make ample financial provisions for any construction called for by the An emergency ordinance giving the maintenance; plans for the Improvement, and the consent of the City of Cleveland to (b) Maintain the right-of-way and companies have agreed to make nec- the County of Cuyahoga for the keep it free of obstructions in a essary rearrangements immediately improvement of East 116th Street manner satisfactory to the County after notification by the City. from Miles Avenue to Union Avenue and hold the right-of-way inviolate (b) That the County will pay the in the City of Cleveland; authorizing for public highway purposes and costs of alterations of governmen- the Director of Capital Projects to permit no signs, posters, billboards, tally-owned utility facilities which enter into agreements; to apply for roadside stands or other private come within the provisions of Sec- and accept an allocation of County installations within the right-of-way tion 8301 (Utility Reimbursement Motor Vehicle License Tax Funds; limits; Eligibility) of the Ohio Department authorizing the acquisition of any (c) That the County shall contin- of Transportation’s Real Estate Poli- real property and easements; apply ue to maintain the structural ele- cies and Procedures Manual to the for and accept gifts and grants; and ments of any bridge (defined as a same extent that it participates in to cause payment to the County for structure with a span of twenty feet the other costs of the Improvement, the City’s share of the improvement. or greater) located within the limits provided, however, that such partic- Whereas, this ordinance consti- of the Improvement under the ipation will not extend to any addi- tutes an emergency measure provid- applicable sections of the Revised ing for the usual daily operation of tions or betterments of existing Code; and a municipal department; now, there- facilities. (d) After construction of the fore, (c) That it is agreed that the City Improvement is complete, the City Be it ordained by the Council of shall cooperate with the County to the City of Cleveland: agrees to follow and maintain post- make all arrangements of govern- Section 1. Consent. That it is construction Best Management Prac- mentally-owned utilities and/or declared to be in the public interest tices as outlined in the Municipal appurtenances that do not comply that the consent of the City of Cleve- Storm Water Permit that is filed with the provisions of Section 8204 land is given to the County of Cuya- with the Ohio Environmental Pro- (Utility Reimbursement Eligibility) hoga (the “County”) to construct the tection Agency. of the Ohio Department of Trans- following improvement under plans, Section 5. Traffic. That on com- portation’s Real Estate Policies and specifications, and estimates pletion of the Improvement, the City Procedures Manual, whether inside approved by the County: improve- will keep the highway open to traf- or outside the corporate limits, as ment of East 116th Street from Miles fic at all times; and may be necessary to conform to the Avenue to Union Avenue in the City (a) Place and maintain all traffic Improvement. of Cleveland (County ID No. 1170) control devices conforming to the (d) That the construction, recon- (the “Improvement”). Ohio Manual of Uniform Traffic struction, and/or arrangement of all Section 2. Cooperation Control Devices on the Improvement utilities shall be done in a manner (a) That the City will cooperate in compliance with the provisions of as not to interfere unduly with the with the County in the Improve- Section 4511.11 of the Revised Code operation of the contractor con- ment. and other related sections of the structing the Improvement, and all (b) That the County will arrange Revised Code; backfilling of trenches made neces- for the preparation of construction (b) That the street or highway sary by utility rearrangements shall plans and specifications, including within the limits of the Improve- be performed under the provisions necessary engineering reports for ment is designated a through high- of the ODOT Construction and Mate- the Improvement, under Current way as provided in division (A)(6) rial Specifications. Cuyahoga County standards for con- of Section 4511.07 of the Revised Section 8. Miscellaneous struction of County roads and Code; (a) That if the County is formal- bridges. (c) That stop signs affecting the ly requested by ordinance of this (c) That the County will arrange movement of traffic on the street or for the supervision and administra- Council to include the construction highway within the Improvement tion of the construction project. of sanitary sewers, water lines, area shall be removed, and no stop signs (d) That the City agrees to sewers (drainage of area surround- assume and contribute 100% of the shall be erected on same except at ing the Improvement), sidewalks, cost of any items included in the its intersection with another alternate bid items, or other items construction contract at the request through highway where traffic does in the Improvement that are in addi- of the City, which are determined by not warrant the installation of a tion to those now existing and not the County to be not eligible or traffic control signal but where the provided for elsewhere in this ordi- made necessary by the Improve- warrants for a “Four-Way Stop” as nance, the County will do so, pro- ment. provided in the above-mentioned vided that the construction meets Section 3. Funding Manual are met; with the approval of the County and (a) That the City agrees to coop- (d) That no rule or regulation the City involved in this Improve- erate with the County in the cost of shall be enacted restricting the use ment; and that the City agrees to the Improvement by an allocation of the Improvement by any class of pay, or make arrangements for the from the County Motor Vehicle vehicle or vehicle load permitted by payment of the cost of the con- License Tax Fund to pay the Coun- the Revised Code to use a public struction, cost of preliminary and ty portion of the project. highway. Any existing rule or reg- design engineering, and construc- (b) That if funds administered by ulation so restricting road usage is tion supervision. the Ohio Public Works Commission rescinded; and (b) For purposes of this ordi- are used for this project, the amount (e) The City shall regulate park- nance, the agent for the County and of such funds will be deducted from ing in the following manner: Pro- liaison officer shall be the County designated project cost prior to the hibit parking under Section 4511.66 Engineer of Cuyahoga County, Ohio, application of the participatory per- of the Revised Code unless other- and/or such members of his staff as centages specified in this ordinance. wise controlled by local ordinance he may designate. (c) That the County shall con- or resolution. (c) That the City agrees to con- tribute one hundred percent (100%) Section 6. Right-of-Way duct this transaction by electronic of the cost to prepare the construc- (a) That all existing street and means and agrees that all docu- tion plans and specifications and public right-of-way within the City ments requiring County signatures 1046 June 12, 2019 The City Record 55 may be executed by electronic sale future bonds, if issued for this Ord. No. 671-2019. means, and that the electronic sig- purpose, and from any funds By Council Members Griffin and natures affixed by the County to the approved by the Director of Finance. Kelley (by departmental request). documents shall have the same legal (RQS 0103, RLA 2019-36) An emergency ordinance authoriz- effect as if that signature was man- Section 17. That the Clerk of Coun- ing the Director of Public Health to ually affixed to a paper version of cil is directed to transmit to the accept a grant from the Ohio Envi- the document. The City also agrees County three (3) certified copies of ronmental Protection Agency for on behalf of the aforementioned this ordinance immediately on its 2019-20 financial assistance for the entities and persons to be bound by taking effect. operation of the Division of Air the provisions of Chapters 304 and Section 18. That this ordinance is Quality; authorizing the director to 1306 of the Revised Code as they declared to be an emergency mea- enter into one or more contracts for pertain to electronic transactions, sure and, provided it receives the various services, equipment and sup- and to comply with the electronic affirmative vote of two-thirds of all plies, and contracts with various signature policy of the County. the members elected to Council, it agencies or entities necessary to Section 9. That the Director of shall take effect and be in force operate the Division of Air Quality; Capital Projects is authorized to immediately upon its passage and determining the method of con- enter into agreements necessary to approval by the Mayor; otherwise it structing, rehabilitating, renovating, complete the Improvement. shall take effect and be in force replacing, or otherwise improving Section 10. That the Director of from and after the earliest period air monitoring sites and other simi- Capital Projects is authorized to allowed by law. lar structures on city-owned and apply to the County for approval to Passed June 3, 2019. city-leased property; and authorizing use County Motor Vehicle License Effective June 5, 2019. the director to enter into one or Tax funds to pay for the Improve- more contracts to construct the ment, to accept the funds and to file improvement and to design it. all papers and execute all docu- Whereas, this ordinance consti- ments necessary to receive the Ord. No. 670-2019. tutes an emergency measure provid- funds; and that the funds are appro- By Council Members Griffin and ing for the usual daily operation of priated for the purposes set forth Kelley (by departmental request). a municipal department; now, there- above. An emergency ordinance authoriz- fore, Section 11. That the Director of ing the Director of Public Health to Be it ordained by the Council of Capital Projects is authorized to enter into an amendment to Contract the City of Cleveland: apply for and accept any gifts or No. CT 5005 SG 2017-111 with Emily Section 1. That the Director of grants for this purpose from any Frantz, owner, Administrative & Public Health is authorized to public or private entity; and that the Logistical Support for Public Health accept a grant in the approximate Director is authorized to file all Accreditation, LLC to assist the amount of $2,488,915, and any other papers and execute all documents Department of Health to attain funds that become available during necessary to receive the funds under accreditation status by the Public the grant term, from the Ohio Envi- this ordinance; and that the funds Health Accreditation Board. ronmental Protection Agency for are appropriated for the purposes Whereas, the Department of Pub- 2019-20 financial assistance for the described in this ordinance. lic Health entered into Contract No operation of the Division of Air Section 12. That the Director of CT 5005 SG 2017-111, with Emily Quality in accordance with the pur- Capital Projects is authorized to Frantz, owner, Administrative & poses set forth in the summary; that accept a cash contribution from pub- Logistical Support for Public Health the Director of Public Health is authorized to file all papers and lic or private entitles, for infra- Accreditation, LLC (“ALPHA”), for execute all documents necessary to structure restoration costs the purpose of assisting the Depart- receive the funds under the grant; associated with relocating, rehabili- ment of Public Health to attain and that the funds are appropriated tating or reconstructing utility accreditation status by the Public for the purposes in the summary for infrastructure for the Improvement. Health Accreditation Board; and the grant. The Director of Capital Projects is Whereas, additional services are Section 2. That the summary for authorized to enter into agreements necessary until December 31, 2019; the grant, presented to the Finance with the entities for this purpose. and Committee of this Council at a pub- Whereas, this ordinance consti- Section 13. That, notwithstanding lic hearing on this legislation and tutes an emergency measure provid- any provision of the Codified Ordi- set forth in File No. 671-2019-A, is ing for the usual daily operation of nances of Cleveland, Ohio, 1976, to made a part of this ordinance as if the contrary, the Commissioner of a municipal department; now, there- fully rewritten, including the oblig- Purchases and Supplies is autho- fore, ation of the City of Cleveland to pro- rized to acquire, accept, and record Be it ordained by the Council of vide cash matching funds in the for right-of-way purposes any real the City of Cleveland: sum of $276,100, payable from funds property including but not limited to Section 1. That the Director of appropriated in 2019 and 2020 for fee simple acquisitions, temporary Public Health is authorized to enter this purpose, in order to receive the easements, permanent easements, into an amendment to Contract No. grant from the Ohio Environmental and work agreements as is neces- CT 5005 SG2017-111 with ALPHA to Protection Agency, as a pass- sary to make the improvements provide additional services until through from the U.S. Environmen- described in this ordinance. The con- December 31, 2019 needed to assist tal Protection Agency, is approved sideration to be paid for the prop- the City in attaining accreditation in all respects, and shall not be erty and easements shall not exceed status by the Public Health Accred- changed without additional legisla- fair market value, as determined by itation Board. All other terms and tive authority. (RQS 5007, RLA 2019- the Board of Control. conditions contained in the contract 39) Section 14. That the Director of shall remain the same. Section 3. That the Director of Capital Projects is authorized to Section 2. That the amendment Public Health is authorized to make execute on behalf of the City all shall be prepared by the Director of one or more written requirement documents necessary to acquire, Law. contracts under the Charter and the accept, and record the property and Section 3. That the costs of the Codified Ordinances of Cleveland, easements and to employ and pay contract amendment shall not Ohio, 1976, for the requirements for all fees for title companies, surveys, exceed $25,000 and shall be paid the grant period of the necessary escrows, appraisers, and all other from Fund No. 01-5001-6320, RQS items of materials, equipment, ser- costs necessary for the acquisition 5001, RL 2019-50. vices, and supplies needed as of the property and easements. Section 4. That this ordinance is described in the file, to be pur- Section 15. That this Council declared to be an emergency mea- chased by the Commissioner of Pur- requests the County to proceed with sure and, provided it receives the chases and Supplies upon a unit the Improvement. affirmative vote of two-thirds of all basis for the Division of Air Quali- Section 16. That this Council the members elected to Council, it ty, Department of Public Health. authorizes payment to the County shall take effect and be in force Bids shall be taken in a manner for the City’s share of the Improve- immediately upon its passage and that permits an award to be made ment, payable from Fund Nos. 20 SF approval by the Mayor; otherwise it for all items as a single contract, or 520, 20 SF 528, 20 SF 534, 20 SF 540, shall take effect and be in force by separate contract for each or any 20 SF 546, 20 SF 554, 20 SF 563, 20 from and after the earliest period combination of the items as the SF 568, 20 SF 574, 20 SF 579, 20 SF allowed by law. Board of Control determines. Alter- 586, from the fund or funds to which Passed June 3, 2019. nate bids for a period less than the are credited the proceeds from the Effective June 5, 2019. grant term may be taken if deemed 1047 56 The City Record June 12, 2019 desirable by the Commissioner of Section 9. That under Section into one or more contracts with JA Purchases and Supplies until provi- 108(b) of the Charter, the purchases Consultants, Environmental Health sion is made for the requirements authorized by this ordinance may be Watch, Ashtabula County Health for the entire term. made through cooperative agree- Department, Family Health Services Section 4. That the costs of the ments with other governmental – Green, Family Health Services – contract or contracts shall be agencies. The Director of Public Versailles, and other various agen- charged against the proper appro- Health may sign all documents that cies, entities, or individuals to con- priation accounts and the Director are necessary to make the purchas- duct lead investigations, risk of Finance shall certify the amount es, and may enter into one or more assessments, case management, com- of any purchase under the contract, contracts with the vendors selected munity outreach, and other services each of which purchases shall be through that cooperative process. necessary to implement this ordi- made on order of the Commissioner Section 10. That the Director of nance. of Purchases and Supplies by a Public Health is authorized to enter Section 3. That the agreements delivery order issued against the into one or more contracts with and shall be prepared by the Director of contract or contracts and certified make payments to one or more var- Law. by the Director of Finance. ious entities or agencies to imple- Section 4. That the costs of the Section 5. That the Director of ment the grant as described in the contracts shall be paid from com- Public Health is authorized to make file. pensation received from the Ohio one or more written contracts under Section 11. That the Director of Department of Health for environ- the Charter and the Codified Ordi- Public Health shall have the author- mental lead investigations conduct- nances of Cleveland, Ohio, 1976, for ity to extend the term of the grant ed by the City under this ordinance each or all of the following items during the grant term. and shall be deposited into Fund No. during the term of the grant: vari- Section 12. That the Director of 10 SF 304. ous types of monitoring equipment, Public Health shall deposit the Section 5. That this ordinance is OEPA-required equipment and their grant accepted under this ordinance declared to be an emergency mea- associated parts, and other materi- into a fund or funds designated by sure and, provided it receives the als, equipment, supplies, and ser- the Director of Finance to imple- affirmative vote of two-thirds of all vices needed to implement the ment the program as described in the members elected to Council, it grant, to be purchased by the Com- the file and appropriated for that shall take effect and be in force missioner of Purchases and Supplies purpose. immediately upon its passage and on a unit basis, for the Division of Section 13. That the payments and approval by the Mayor; otherwise it Air Quality, Department of Public cost of the contracts authorized in shall take effect and be in force Health. this ordinance shall be paid from from and after the earliest period Section 6. That, under Section 167 the fund or funds which are credit- allowed by law. of the Charter of the City of Cleve- ed the grant proceeds accepted Passed June 3, 2019. land, this Council determines to under this ordinance and from the Effective June 5, 2019. make the public improvement of cash match. constructing, rehabilitating, renovat- Section 14. That this ordinance is ing, replacing, or otherwise improv- declared to be an emergency mea- ing air monitoring sites and other sure and, provided it receives the Ord. No. 673-2019. similar structures on City-owned affirmative vote of two-thirds of all By Council Members Griffin and and City-leased property (the the members elected to Council, it Kelley (by departmental request). “Improvement”), for the Division of shall take effect and be in force An emergency ordinance authoriz- Air Quality, Department of Public immediately upon its passage and ing the Director of Public Health to Health, by one or more contracts approval by the Mayor; otherwise it enter into contract with the Ohio duly let to the lowest responsible shall take effect and be in force Department of Health to perform bidder or bidders after competitive from and after the earliest period investigations of violations regard- bidding on a unit basis for the allowed by law. Improvement. ing smoking in workplaces and Section 7. That the Director of Passed June 3, 2019. other public places. Public Health is authorized to enter Effective June 5, 2019. Whereas, this ordinance consti- into one or more contracts for the tutes an emergency measure provid- making of the Improvement with ing for the usual daily operation of the lowest responsible bidder or bid- a municipal department; now, there- ders after competitive bidding on a Ord. No. 672-2019. fore, unit basis for the Improvement, pro- By Council Members Griffin and Be it ordained by the Council of vided, however, that each separate Kelley (by departmental request). the City of Cleveland: trade and each distinct component An emergency ordinance authoriz- Section 1. That the Director of part of the Improvement may be ing the Director of Public Health to Public Health is authorized to enter treated as a separate improvement, enter into contract with the Ohio into contract with the Ohio Depart- and each, or any combination, of the Department of Health to perform ment of Health, under which the trades or components may be the environmental lead investigations of City will perform investigations of subject of a separate contract on a residences of Medicaid-eligible and violations regarding smoking in unit basis. non-Medicaid-eligible children; and workplaces and other public places Section 8. That the Director of to enter into one or more contracts from July 1, 2019 to June 30, 2021. Public Health is authorized to with various agencies, entities, or The contract shall provide that the employ by contract or contracts one individuals to provide services nec- City will receive compensation for or more consultants or one or more essary to implement this ordinance. performing the investigations in the firms of consultants for the purpose Whereas, this ordinance consti- amount of $125.00 per investigation of supplementing the regularly tutes an emergency measure provid- to be deposited into Fund No. 10 SF employed staff of the several depart- ing for the usual daily operation of 804. The Director of Finance is ments of the City of Cleveland in a municipal department; now, there- authorized to receive and accept the order to provide professional ser- fore, compensation on behalf of the City vices necessary to implement the Be it ordained by the Council of and the Director of Public Health is grant. the City of Cleveland: authorized to sign the documents The selection of the consultants Section 1. That the Director of necessary to enter into the contract. for the services shall be made by Public Health is authorized to enter Section 2. That the agreement the Board of Control on the nomi- into contract with the Ohio Depart- shall be prepared by the Director of nation of the Director of Public ment of Health, under which the Law. Health from a list of qualified con- City will perform environmental Section 3. That this ordinance is sultants available for employment lead investigations for lead hazards declared to be an emergency mea- as may be determined after a full in residences occupied by Medicaid- sure and, provided it receives the and complete canvass by the Direc- eligible and non-Medicaid-eligible affirmative vote of two-thirds of all tor of Public Health for the purpose children from July 1, 2019 to June the members elected to Council, it of compiling a list. The compensa- 30, 2021. The Director of Finance is shall take effect and be in force tion to be paid for the services shall authorized to receive and accept the immediately upon its passage and be fixed by the Board of Control. compensation on behalf of the City approval by the Mayor; otherwise it The contract or contracts authorized and the Director of Public Health is shall take effect and be in force shall be prepared by the Director of authorized to sign the documents from and after the earliest period Law, approved by the Director of necessary to enter into the contract. allowed by law. Public Health, and certified by the Section 2. That the Director of Passed June 3, 2019. Director of Finance. Public Health is authorized to enter Effective June 5, 2019. 1048 June 12, 2019 The City Record 57

Ord. No. 674-2019. centers for recreation uses before or Be it ordained by the Council of By Council Members Johnson and after regular operational hours pro- the City of Cleveland: Kelley (by departmental request). vided that the parties pay one-half Section 1. That the Director of An emergency ordinance to amend (1/2) of the fees specified in divi- Public Works is authorized to enter Section 131.34 of the Codified Ordi- sion (f) of this section. into an amendment to Contract No. nances of Cleveland, Ohio, 1976, as (f) The Director of Public Works 38823 with Hertz Cleveland North amended by Ordinance No. 1330-A-10, shall assess and collect a fee of Point, LLC, for lease of the North passed December 6, 2010, relating to eighty-four dollars $84.00 per hour Point Garage to extend the term of rental fees for recreation center use. per staff person required for the the lease for an additional twenty- Whereas, this ordinance consti- rental of portions of the recreation two years to expire in 2059. The tutes an emergency measure provid- centers for recreation uses. amendment shall also provide for ing for the usual daily operation of (g) The Commissioner of Recre- the following modifications to the a municipal department; now, there- ation may allow the Cuyahoga original contract: fore, County Board of Elections to rent at (a) To change the current base Be it ordained by the Council of no cost recreation center community rent from a flat $120,000 per year to the City of Cleveland: or meeting rooms or any portions of adjust the base rent based on the Section 1. That Section 131.34 of the recreation centers before, during United States Department of Labor, the Codified Ordinances of Cleve- or after regular operational hours Consumer Price Index: “All Urban land, Ohio, 1976, as amended by for voting purposes. Consumers” Cleveland and Akron; Ordinance No. 1330-A-10, passed (h) Any party renting a portion of (b) To lower the additional rent December 6, 2010, is amended to a recreation center or outdoor pool threshold from $1,700,000 and above read as follows: under this section shall also secure to $1,600,000 and above; and a permit from the Director under (c) To increase the percent of Section 131.34 Rental for Recre- Section 131.07 and shall pay any fee additional rent to the following: ation Center and Facility Use; Fee required for that permit. (a) The Commissioner of Recre- (i) Net proceeds from fees col- 7.5% at $1,600,000 to $1,999,999 ation may allow private parties to lected under this section shall be 11.25% at $2,000,000 to $2,499,999; rent recreation center community or deposited into a fund or funds which 16.25% at $2,500,000 to $2,999,999; meeting rooms or outdoor pools dur- are designated for use by the Divi- 21.25% at $3,000,000 to $3,999,999; ing regular operational hours pro- sion of Recreation for its goods, ser- and vided that the parties pay the fees vices, activities, and programs. 26.25% at $4,000,000 and higher. specified in division (c) of this sec- Section 2. That existing Section tion. The Commissioner of Recre- 131.34 of the Codified Ordinances of All other terms and conditions ation may allow the following Cleveland, Ohio, 1976, as amended contained in Contract No. 38823 shall private groups to rent at no cost by Ordinance No. 1330-A-10, passed remain the same. recreation center community or December 6, 2010, is repealed. Section 2. That the amendment to meeting rooms or outdoor pools dur- Section 3. That this ordinance is Contract No. 38823 shall be prepared ing regular operational hours pro- declared to be an emergency mea- by the Director of Law. vided that the room will not be used sure and, provided it receives the Section 3. That this ordinance is to raise money for political cam- affirmative vote of two-thirds of all declared to be an emergency mea- paigns or political issues: the members elected to Council, it sure and, provided it receives the (1) Branches, departments or shall take effect and be in force affirmative vote of two-thirds of all immediately upon its passage and offices of the City of Cleveland if the members elected to Council, it approval by the Mayor; otherwise it the event furthers the functions or shall take effect and be in force shall take effect and be in force goals of that branch, department or immediately upon its passage and from and after the earliest period office; approval by the Mayor; otherwise it allowed by law. (2) Non-profit organizations and shall take effect and be in force Passed June 3, 2019. neighborhood organizations, such as from and after the earliest period Effective June 5, 2019. block clubs, street clubs and ward allowed by law. clubs, located within the City of Passed June 3, 2019. Cleveland if the purpose of the Effective June 5, 2019. event is to address providing or sup- Ord. No. 675-2019. porting direct health and welfare By Council Members McCormack, services to individuals or to address Johnson and Kelley (by departmen- Ord. No. 729-2019. safety, building or housing issues; tal request). (3) Schools located within the City By Council Members Johnson and An emergency ordinance authoriz- Kelley (by departmental request). of Cleveland if the event furthers an ing the Director of Public Works to An emergency ordinance authoriz- educational or recreational purpose. enter into an amendment to Contract ing the Director of Public Works to (b) The Commissioner of Recre- No. 38823 with Hertz Cleveland employ one or more professional ation may allow private parties to North Point, LLC for lease of the consultants to provide parking rent recreation center community or North Point Garage to extend the meter consultant services, for a one- meeting rooms or outdoor pools term of the lease and to make cer- year period; and to enter into vari- before or after regular operational tain modifications to other terms of ous written standard purchase and hours provided that the parties pay the lease. the fees specified in division (c) of Whereas, the Hertz Investment requirement contracts for the pur- this section. Group, through Hertz Cleveland chase of parking meters and relat- (c) The Director of Public Works North Point, LLC (“Hertz”), owns ed equipment and services, shall assess and collect the follow- the North Point Office Complex and including installation. ing fees for rental of recreation cen- ground leases the North Point Whereas, this ordinance consti- ter community or meeting rooms or Garage property from the City of tutes an emergency measure provid- outdoor pools: Cleveland under a 50-year lease that ing for the usual daily operation of (1) During regular operational is expiring in 2037; and a municipal department; now, there- hours, sixty-eight dollars ($68.00) Whereas, the North Point Garage fore, per hour per staff person required. is located on Permanent Parcel No. Be it ordained by the Council of (2) Before or after regular opera- 102-01-013; and the City of Cleveland: tional hours, in eighty-four dollars Whereas, Hertz and the City Section 1. That the Director of ($84.00) per hour per staff person desire to make mutually beneficial Public Works is authorized to required. modifications to the current lease in employ by contract or contracts one (d) The Commissioner of Recre- order for Hertz to refinance debt, to or more consultants or one or more ation may allow private parties to secure new long term tenants and firms of consultants for the purpose rent portions of the recreation cen- retain existing ones in their North of supplementing the regularly ters for recreation uses before or Point Office Complex and anticipat- employed staff of the several depart- after regular operational hours pro- ing that additional tenants will ments of the City of Cleveland in vided that the parties pay the fees increase parking revenues in the order to provide professional ser- specified in division (f) of this sec- North Point Garage; and vices necessary to provide parking tion. Whereas, this ordinance consti- meter consulting services, including (e) The Commissioner of Recre- tutes an emergency measure provid- but not limited to, strategic, opera- ation may allow the groups identi- ing for the usual daily operation of tional and logistical planning for fied in division (a) of this section a municipal department; now, there- parking meter placement, mainte- to rent portions of the recreation fore, nance, and administration; selection 1049 58 The City Record June 12, 2019 of parking meter hardware mix Ord. No. 730-2019. of Community Development to enter aligned to the Strategic Plan; inte- By Council Members Cleveland into agreement with United Way of gration of related software applica- and Kelley (by departmental Greater Cleveland for the Lead Safe tions; development of the roadmap request). Summit Expo through the use of to integrate related parking meter An emergency ordinance authoriz- Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, financial information; and assis- ing the Commissioner of Purchases 13, 14, 15, 16, and 17 Casino Revenue tance with the creation of a Request and Supplies to make one or more Funds. for Proposals to install parking purchase orders with Black Box Net- Whereas, this ordinance consti- meter hardware and software. work Services for professional ser- tutes an emergency measure provid- The selection of the consultant or vices necessary to continue to ing for the usual daily operation of consultants for the services shall be maintain, support, and further a municipal department; now, there- made by the Board of Control on the enhance the Unified Computing Ser- fore, nomination of the Director of Public vices Infrastructure in order to Be it ordained by the Council of Works from a list of qualified con- ensure a safe and secure IT net- the City of Cleveland: sultants available for employment work, including but not limited to, Section 1. That the Director of the as may be determined after a full upgrading, installation and integra- Department of Community Develop- and complete canvass by the Direc- tion, for the Department of Port Con- ment is hereby authorized to enter tor of Public Works for the purpose trol. into agreement effective June 5, of compiling a list. The compensa- Whereas, under Ordinance No. 568- 2019, with the United Way of tion to be paid for the services shall 2019, passed April 29, 2019, this Greater Cleveland for the Lead Safe Council determined the urgency of be fixed by the Board of Control. Summit Expo for the public purpose the malware infection at the Depart- The contract or contracts authorized of providing educational program- ment of Port Control required imme- shall be prepared by the Director of ming on lead poisoning prevention diate action and retained Black Box Law, approved by the Director of to city of Cleveland residents Network Services (“Black Box”) to through the use of Wards 1, 2, 3, 4, Public Works, and certified by the perform the needed remedial work 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and Director of Finance. and security enhancements; and 17 Casino Revenue Funds. Section 2. That the Director of Whereas, through Black Box’s Section 2. That the cost of said Public Works is authorized to make work, the Department of Port Con- contract shall be in an amount not one or more written standard pur- trol now has a new Unified Com- chase contracts and written require- puting Services Infrastructure to exceed $14,500 and shall be paid ment contracts under the Charter (“UCS”) and the Department desires from Fund No. 10 SF 188. and the Codified Ordinances of to continue to maintain, support, Section 3. That the Director of Cleveland, Ohio, 1976, the period of and further enhance the UCS in Law shall prepare and approve said requirements to be determined by order to ensure a safe and secure IT contract and that the contract shall the director, for the necessary items network, including but not limited contain such terms and provisions of parking meters and related equip- to, upgrading, installation and inte- as he deems necessary to protect the ment and services, including instal- gration; and City’s interest. lation, to be purchased by the Whereas, this ordinance consti- Section 4. That this ordinance is Commissioner of Purchases and Sup- tutes an emergency measure provid- hereby declared to be an emergency plies on a unit basis for the Depart- ing for the usual daily operation of measure and, provided it receives ment of Public Works. Bids shall be a municipal department; now, there- the affirmative vote of two-thirds of taken in a manner that permits an fore, all the members elected to Council, award to be made for all items as Be it ordained by the Council of it shall take effect and be in force a single contract, or by separate the City of Cleveland: immediately upon its passage and Section 1. That the Commissioner approval by the Mayor; otherwise it contract for each or any combina- of Purchases and Supplies is autho- shall take effect and be in force tion of the items as the Board of rized to make one or more purchase from and after the earliest period Control determines. orders with Black Box, based on its allowed by law. Section 3. That the costs of the proposal dated May 30, 2019, in the Passed June 3, 2019. requirement contract or contracts estimated amount of $112,004.75, for Effective June 5, 2019. shall be charged against the proper professional services necessary to appropriation accounts and the continue to maintain, support, and Director of Finance shall certify the further enhance the UCS in order to amount of any purchase under the ensure a safe and secure IT net- Ord. No. 733-2019. contract, each of which purchases work, including but not limited to, By Council Members Bishop, John- shall be made on order of the Com- upgrading, installation and integra- son and Griffin. missioner of Purchases and Supplies tion. An emergency ordinance amend- by a delivery order issued against Section 2. That the purchase ing the Title and Section 1 of Ordi- the contract or contracts and certi- orders shall be paid from Fund Nos. nance No. 563-2019 passed April 29, fied by the Director of Finance. 60 SF 001, 60 SF 104, 60 SF 105, 60 2019, as it pertains to authorizing Section 4. That under Section SF 115, 60 SF 116, 60 SF 126, 60 SF the Director of the Department of 128, 60 SF 130, 60 SF 141, 60 SF 160, 108(b) of the Charter, the purchases Community Development to enter from the fund to which are credited authorized by this ordinance may be into agreement with the Beauty & passenger facility charges if autho- made through cooperative arrange- Barber Empowerment Center, LLC rized for this purpose, and from the ments with other governmental for the Beauty and Empowerment agencies. The Director of Public fund or funds to which are credited the proceeds of any grant received, Center Program through the use of Works may sign all documents that Wards 2, 4 and 6 Casino Revenue are necessary to make the purchas- RQS 3001, RL 2019-66. Section 3. That this ordinance is Funds. es, and may enter into one or more declared to be an emergency mea- Whereas, this ordinance consti- contracts with the vendors selected sure and, provided it receives the tutes an emergency measure provid- through that cooperative process. affirmative vote of two-thirds of all ing for the usual daily operation of Section 5. That the cost of the pro- the members elected to Council, it a municipal department; now, there- fessional services and standard con- shall take effect and be in force fore, tracts and other expenditures immediately upon its passage and Be it ordained by the Council of authorized shall be paid from Fund approval by the Mayor; otherwise it the City of Cleveland: Nos. 20 SF 566, 20 SF 573, 20 SF 578, shall take effect and be in force Section 1. That the Title and Sec- and 20 SF 585, RQS 7008, RL 2019- from and after the earliest period tion 1 of Ordinance No. 563-2019 60. allowed by law. passed April 29 are hereby amended Section 6. That this ordinance is Passed June 3, 2019. to read as follows: declared to be an emergency mea- Effective June 5, 2019. An emergency ordinance authoriz- sure and, provided it receives the ing the Director of the Department affirmative vote of two-thirds of all of Community Development to enter the members elected to Council, it into agreement with the Beauty & shall take effect and be in force Ord. No. 732-2019. Barber Empowerment Center, LLC immediately upon its passage and By Council Members J. Jones, for the Beauty and Empowerment approval by the Mayor; otherwise it Bishop, McCormack, Johnson, Cleve- Center Program through the use of shall take effect and be in force land, Griffin, B. Jones, Polensek, Wards 2, 4 and 6 Casino Revenue from and after the earliest period Conwell, Hairston, Brancatelli, Kel- Funds. allowed by law. ley, Santana, Zone, Kazy and Keane. Section 1. That the Director of the Passed June 3, 2019. An emergency ordinance authoriz- Department of Community Develop- Effective June 5, 2019. ing the Director of the Department ment is hereby authorized to enter 1050 June 12, 2019 The City Record 59 into agreement effective February 1, Ord. No. 735-2019. as he deems necessary to protect the 2019 with the Beauty & Barber By Council Member McCormack. City’s interest. Empowerment Center, LLC for the An emergency ordinance authoriz- Section 4. That this ordinance is Beauty and Empowerment Center ing the Director of the Department hereby declared to be an emergency Program for the public purpose of of Public Works to enter into agree- measure and, provided it receives providing a cosmetology training ment with the Tremont West Devel- the affirmative vote of two-thirds of program for city of Cleveland resi- opment Corporation for the Arts in all the members elected to Council, dents through the use of Wards 2, August Expo through the use of it shall take effect and be in force 4, and 6 Casino Revenue Funds. Ward 3 Casino Revenue Funds. immediately upon its passage and Section 2. That the Title and Sec- Whereas, this ordinance consti- approval by the Mayor; otherwise it tion 1 of Ordinance No. 563-2019 tutes an emergency measure provid- shall take effect and be in force passed April 29 are hereby repealed. ing for the usual daily operation of from and after the earliest period Section 3. That this ordinance is a municipal department; now, there- allowed by law. hereby declared to be an emergency fore, Passed June 3, 2019. measure and, provided it receives Be it ordained by the Council of Effective June 5, 2019. the affirmative vote of two-thirds of the City of Cleveland: all the members elected to Council, Section 1. That the Director of the it shall take effect and be in force Department of Public Works is here- immediately upon its passage and by authorized to enter into agree- Ord. No. 737-2019. approval by the Mayor; otherwise it ment effective July 1, 2019 with the By Council Member Kelley. shall take effect and be in force Tremont West Development Corpo- An emergency ordinance authoriz- from and after the earliest period ration for the Arts in August Expo ing the Director of the Department allowed by law. for the public purpose of providing of Community Development to enter Passed June 3, 2019. performing arts education to city of into agreement with Constellation Effective June 5, 2019. Cleveland residents through the use Schools Community of Ward 3 Casino Revenue Funds. Elementary for the Kaboom School Section 2. That the cost of said Playground Installation Project contract shall be in an amount not through the use of Ward 13 Casino Ord. No. 734-2019. to exceed $5,000 and shall be paid Revenue Funds. By Council Member Johnson. from Fund No. 10 SF 188. Whereas, this ordinance consti- An emergency ordinance amend- Section 3. That the Director of tutes an emergency measure provid- ing the Title and Sections 1 and 2 Law shall prepare and approve said ing for the usual daily operation of of Ordinance No. 600-2019, passed contract and that the contract shall a municipal department; now, there- May 6, 2019 as it pertains to Senior contain such terms and provisions fore, Lawn Care and Snow Removal Pro- as he deems necessary to protect the Be it ordained by the Council of gram through the use of Wards 1, 2 City’s interest. the City of Cleveland: and 4 Casino Revenue Funds. Section 4. That this ordinance is Section 1. That the Director of the Whereas, this ordinance consti- hereby declared to be an emergency Department of Community Develop- tutes an emergency measure provid- measure and, provided it receives ment is hereby authorized to enter ing for the usual daily operation of the affirmative vote of two-thirds of into agreement effective June 3, a municipal department; now, there- all the members elected to Council, 2019 with Constellation Schools Old fore, it shall take effect and be in force Brooklyn Community Elementary Be it ordained by the Council of immediately upon its passage and for the Kaboom School Playground the City of Cleveland: approval by the Mayor; otherwise it Installation Project for the public Section 1. That the Title and Sec- shall take effect and be in force purpose of providing a new commu- tions 1 and 2 of Ordinance No. 600- from and after the earliest period nity playground for youth residing 2019 passed May 6, 2019 are hereby allowed by law. in the city of Cleveland through the amended to read as follows: Passed June 3, 2019. use of Ward 13 Casino Revenue An emergency ordinance authoriz- Effective June 5, 2019. Funds. ing the Director of the Department Section 2. That the cost of said of Aging to enter into an agreement contract shall be in an amount not with Mt. Pleasant NOW Develop- to exceed $8,000 and shall be paid ment Corporation for the Senior Ord. No. 736-2019. from Fund No. 10 SF 188. Lawn Care and Snow Removal Pro- By Council Members McCormack, Section 3. That the Director of gram through the use of Wards 1, 2 Cleveland, Griffin, Brancatelli, Zone Law shall prepare and approve said contract and that the contract shall and 4 Casino Revenue Funds. and Keane. An emergency ordinance authoriz- contain such terms and provisions Section 1. That the Director of the ing the Director of the Department as he deems necessary to protect the Department of Aging be authorized of Community Development to enter City’s interest. to enter into an agreement effective into agreement with Cleveland Pub- Section 4. That this ordinance is June 1, 2019 with Mt Pleasant NOW lic Theatre for the Student Theatre hereby declared to be an emergency Development Corporation for the Enrichment Program (STEP) measure and, provided it receives Senior Lawn Care and Snow through the use of Wards 3, 5, 6, 12, the affirmative vote of two-thirds of Removal Program for the public 15 and 17 Casino Revenue Funds. all the members elected to Council, purpose of assisting senior citizens Whereas, this ordinance consti- it shall take effect and be in force residing in the city of Cleveland tutes an emergency measure provid- immediately upon its passage and with grass cutting and lawn main- ing for the usual daily operation of approval by the Mayor; otherwise it tenance care through the use of a municipal department; now, there- shall take effect and be in force Wards 1, 2 and 4 Casino Revenue fore, from and after the earliest period Funds. Be it ordained by the Council of allowed by law. Section 2. That the cost of said the City of Cleveland: Passed June 3, 2019. contract shall be in an amount not Section 1. That the Director of the Effective June 5, 2019. to exceed $70,000 and shall be paid Department of Community Develop- from Fund No. 10 SF 188. ment is hereby authorized to enter Section 2. That the Title and Sec- into agreement effective June 1, tions 1 and 2 of Ordinance No. 600- 2019 with Cleveland Public Theatre Ord. No. 738-2019. 2019 passed May 6, 2019 are hereby for the Student Theatre Enrichment By Council Members J. Jones and repealed. Program (STEP) for the public pur- Bishop. Section 3. That this ordinance is pose of providing theatre education An emergency ordinance authoriz- hereby declared to be an emergency and training on live arts to city of ing the Director of the Department measure and, provided it receives Cleveland youth through the use of of Community Development to enter the affirmative vote of two-thirds of Wards 3, 5, 6, 12, 15 and 17 Casino into agreement with Mt. Pleasant all the members elected to Council, Revenue Funds. NOW Development Corporation for it shall take effect and be in force Section 2. That the cost of said the Family Unity Day Expo through immediately upon its passage and contract shall be in an amount not the use of Wards 1 and 2 Casino approval by the Mayor; otherwise it to exceed $40,000 and shall be paid Revenue Funds. shall take effect and be in force from Fund No. 10 SF 188. Whereas, this ordinance consti- from and after the earliest period Section 3. That the Director of tutes an emergency measure provid- allowed by law. Law shall prepare and approve said ing for the usual daily operation of Passed June 3, 2019. contract and that the contract shall a municipal department; now, there- Effective June 5, 2019. contain such terms and provisions fore, 1051 60 The City Record June 12, 2019

Be it ordained by the Council of approval by the Mayor; otherwise it Section 3. That the Director of the City of Cleveland: shall take effect and be in force Law shall prepare and approve said Section 1. That the Director of the from and after the earliest period contract and that the contract shall Department of Community Develop- allowed by law. contain such terms and provisions ment is hereby authorized to enter Passed June 3, 2019. as he deems necessary to protect the into agreement effective June 1, Effective June 5, 2019. City’s interest. 2019 with Mt. Pleasant NOW Devel- Section 4. That this ordinance is opment Corporation for the Family hereby declared to be an emergency Unity Day Expo for the public pur- measure and, provided it receives pose for providing information and Ord. No. 740-2019. the affirmative vote of two-thirds of education on the social support pro- By Council Member Bishop. all the members elected to Council, grams and services that are avail- An emergency ordinance authoriz- it shall take effect and be in force able for low to moderate income ing the Director of the Department immediately upon its passage and families residing in the city of of Public Works to enter into agree- approval by the Mayor; otherwise it Cleveland through the use of Wards ment with the Jarvis Gibson Foun- shall take effect and be in force 1 and 2 Casino Revenue Funds. dation for the Mt. Pleasant Rebels from and after the earliest period Section 2. That the cost of said Educational & Sports Program allowed by law. contract shall be in an amount not through the use of Ward 2 Casino Passed June 3, 2019. to exceed $15,000 and shall be paid Revenue Funds. Effective June 5, 2019. from Fund No. 10 SF 188. Whereas, this ordinance consti- Section 3. That the Director of tutes an emergency measure provid- Law shall prepare and approve said ing for the usual daily operation of contract and that the contract shall a municipal department; now, there- Ord. No. 742-2019. contain such terms and provisions fore, as he deems necessary to protect the Be it ordained by the Council of By Council Member B. Jones. City’s interest. the City of Cleveland: An emergency ordinance authoriz- Section 4. That this ordinance is Section 1. That the Director of the ing the Director of the Department hereby declared to be an emergency Department of Public Works is here- of Economic Development to enter measure and, provided it receives by authorized to enter into an agree- into agreement with Lexington Bell the affirmative vote of two-thirds of ment with the Jarvis Gibson Community Center for the acquisi- all the members elected to Council, Foundation for the Mt. Pleasant tion and renovation of the Superior it shall take effect and be in force Rebels Educational & Sports Pro- Beverage Building through the use immediately upon its passage and gram for the public purpose of pro- of Ward 7 Casino Revenue Funds approval by the Mayor; otherwise it viding after-school educational and and Neighborhood Capital Funds. shall take effect and be in force organized sports activities for youth Whereas, this ordinance consti- from and after the earliest period residing in the city of Cleveland tutes an emergency measure provid- allowed by law. through the use of Ward 2 Casino ing for the usual daily operation of Passed June 3, 2019. Revenue Funds. a municipal department; now, there- Effective June 5, 2019. Section 2. That the cost of said fore, contract shall be in an amount not Be it ordained by the Council of to exceed $7,000 and shall be paid the City of Cleveland: from Fund No. 10 SF 188. Section 1. That the Director of the Ord. No. 739-2019. Section 3. That the Director of Department of Economic Develop- Law shall prepare and approve said By Council Members Johnson and ment is hereby authorized to enter contract and that the contract shall Griffin. into agreement with Lexington Bell An emergency ordinance authoriz- contain such terms and provisions as he deems necessary to protect the Community Center for the acquisi- ing the Director of the Department City’s interest. tion and renovation of the Superior of Community Development to enter Section 4. That this ordinance is beverage Building located at 6203 into agreement with the Greater hereby declared to be an emergency Superior Avenue, Cleveland, Ohio for Cleveland Urban Film Foundation measure and, provided it receives the public purpose of promoting eco- for the GCUFF Healing Art Com- the affirmative vote of two-thirds of nomic development and new job cre- munity Fair through the use of all the members elected to Council, ation through the use of Ward 7 Wards 4 and 6 Casino Revenue it shall take effect and be in force Casino Revenue Funds and Neigh- Funds. immediately upon its passage and borhood Capital Funds. Whereas, this ordinance consti- approval by the Mayor; otherwise it Section 2. That the cost of said tutes an emergency measure provid- shall take effect and be in force contract shall be in an amount not ing for the usual daily operation of from and after the earliest period to exceed $225,000 and shall be paid a municipal department; now, there- allowed by law. from Fund No. 10 SF 177, and Fund fore, Passed June 3, 2019. No. 10 SF 188. Be it ordained by the Council of Effective June 5, 2019. Section 3. That the Director of the City of Cleveland: Section 1. That the Director of the Law shall prepare and approve said Department of Community Develop- contract and that the contract shall contain such terms and provisions ment is hereby authorized to enter Ord. No. 741-2019. into agreement effective July 1, 2019 as he deems necessary to protect the By Council Member McCormack. City’s interest. with the Greater Cleveland Urban An emergency ordinance authoriz- Film Foundation for the GCUFF Section 4. That this ordinance is ing the Director of the Department hereby declared to be an emergency Healing Art Community Fair for the of Public Works to enter into agree- measure and, provided it receives public purpose of providing educa- ment with Ukrainian Museum the affirmative vote of two-thirds of tional health wellness sessions and Archives for the Ukrainian and all the members elected to Council, health screenings for hypertension, Cleveland History Expo through the it shall take effect and be in force diabetes, and other pre-existing use of Ward 3 Casino Revenue health issues to city of Cleveland Funds. immediately upon its passage and residents through the use of Wards Whereas, this ordinance consti- approval by the Mayor; otherwise it 4 and 6 Casino Revenue Funds. tutes an emergency measure provid- shall take effect and be in force Section 2. That the cost of said ing for the usual daily operation of from and after the earliest period contract shall be in an amount not a municipal department; now, there- allowed by law. to exceed $17,000 and shall be paid fore, Passed June 3, 2019. from Fund No. 10 SF 188. Be it ordained by the Council of Effective June 5, 2019. Section 3. That the Director of the City of Cleveland: Law shall prepare and approve said Section 1. That the Director of the contract and that the contract shall Department of Public Works is here- contain such terms and provisions by authorized to enter into agree- Ord. No. 743-2019. as he deems necessary to protect the ment effective June 1, 2019 with By Council Members McCormack, City’s interest. Ukrainian Museum Archives for the Brancatelli and Santana. Section 4. That this ordinance is Ukrainian and Cleveland History An emergency ordinance authoriz- hereby declared to be an emergency Expo through the use of Ward 3 ing the Director of the Department measure and, provided it receives Casino Revenue Funds. of Public Works to enter into an the affirmative vote of two-thirds of Section 2. That the cost of said agreement with Merrick House for all the members elected to Council, contract shall be in an amount not the Tremont Arts & Cultural Expo it shall take effect and be in force to exceed $5,000 and shall be paid through the use of Wards 3, 12 and immediately upon its passage and from Fund No. 10 SF 188. 14 Casino Revenue Funds. 1052 June 12, 2019 The City Record 61

Whereas, this ordinance consti- Whereas, this ordinance consti- Whereas, this ordinance consti- tutes an emergency measure provid- tutes an emergency measure provid- tutes an emergency measure provid- ing for the usual daily operation of ing for the usual daily operation of ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- a municipal department; now, there- fore, fore, fore, Be it ordained by the Council of Be it ordained by the Council of Be it ordained by the Council of the City of Cleveland: the City of Cleveland: the City of Cleveland: Section 1. That the Director of the Section 1. That the Director of the Section 1. That the Director of the Department of Public Works is here- Department of Community Develop- Department of Public Safety into by authorized to enter into an agree- ment is hereby authorized to enter agreement effective May 23, 2018 ment effective August 1, 2019 with into agreement with Union Miles with the Bellaire-Puritas Develop- Merrick House for the Tremont Arts Development Corporation for the ment Corporation for the Summer & Cultural Expo for the public pur- Feasibility Study for a Veteran Ser- Safety Education Film Series for the pose of providing educational activ- vice Center and Housing Project for public purpose of providing safety ities on cultural diversity and ethnic the public purpose of providing new education programming on drug use, customs to residents residing in the neighborhood and residential devel- violence and crime prevention to city of Cleveland through the use of opment for city of Cleveland resi- city of Cleveland residents through the use of Ward 16 Casino Revenue Wards 3, 12 and 14 Casino Revenue dents through the use of Ward 2 Funds. Funds. Casino Revenue Funds. Section 2. That the cost of said Section 2. That the cost of said Section 2. That the cost of said contract shall be in an amount not contract shall be in an amount not contract shall be in an amount not to exceed $30,000 and shall be paid to exceed $10,000 and shall be paid to exceed $5,000 and shall be paid from Fund No. 10 SF 188. from Fund No. 10 SF 188. from Fund No. 10 SF 188. Section 3. That the Director of Section 3. That the Director of Section 3. That the Director of Law shall prepare and approve said Law shall prepare and approve said Law shall prepare and approve said contract and that the contract shall contract and that the contract shall contract and that the contract shall contain such terms and provisions contain such terms and provisions contain such terms and provisions as he deems necessary to protect the as he deems necessary to protect the as he deems necessary to protect the City’s interest. City’s interest. City’s interest. Section 4. That this ordinance is Section 4. That this ordinance is Section 4. That this ordinance is hereby declared to be an emergency hereby declared to be an emergency hereby declared to be an emergency measure and, provided it receives measure and, provided it receives measure and, provided it receives the affirmative vote of two-thirds of the affirmative vote of two-thirds of the affirmative vote of two-thirds of all the members elected to Council, all the members elected to Council, all the members elected to Council, it shall take effect and be in force it shall take effect and be in force it shall take effect and be in force immediately upon its passage and immediately upon its passage and immediately upon its passage and approval by the Mayor; otherwise it approval by the Mayor; otherwise it approval by the Mayor; otherwise it shall take effect and be in force shall take effect and be in force shall take effect and be in force from and after the earliest period from and after the earliest period from and after the earliest period allowed by law. allowed by law. allowed by law. Passed June 3, 2019. Passed June 3, 2019. Passed June 3, 2019. Effective June 5, 2019. Effective June 5, 2019. Effective June 5, 2019. COUNCIL COMMITTEE MEETINGS Ord. No. 744-2019. Ord. No. 745-2019. By Council Member Bishop. By Council Member Kazy. Monday June 3, 2019 An emergency ordinance authoriz- An emergency ordinance authoriz- 9:00 a.m. ing the Director of the Department ing the Director of the Department of Community Development to enter of the Department of Public Safety Committee of the Whole: Present: into agreement with Union Miles to enter into an agreement with Bel- Kelley, Chair; Bishop, Brady, Bran- Development Corporation for the laire-Puritas Development Corpora- catelli, Cleveland, Conwell, Griffin, Feasibility Study for a Veteran Ser- tion for the Summer Safety Johnson, B. Jones, J. Jones, Kazy, vice Center and Housing Project for Education Film Series through the Keane, McCormack, Polensek, San- Homeless Veterans through the use use of Ward 16 Casino Revenue tana, Zone. Authorized Absence: of Ward 2 Casino Revenue Funds. Funds. Hairston.

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

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051

Agreements

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 1031 1053 62 The City Record June 12, 2019

Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 1030 Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 1020 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 1052 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 1051 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 1053 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 1046 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 1026 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for the cost of the improvement. (O 632-2019) ...... 1034

Bellaire-Puritas Development Corporation

Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 1053

Board of Control — Capital Projects Office

Engineering services for Voinovich Park Pedestrian Bridge — fifth modify Contract #68816 per BOC Res. 387-08 — Dept. of Public Service (BOC Res. 251-19) ...... 997 JFK Recreation Center Roof Repairs — per Ord. 648-18 — all bids rejected (BOC Res. 253-19) ...... 997 Public Improvement Project Supplementary Services — second modify Contract #CT0103-PS2017-241 per BOC Res. 455-17 — Dept. of Law (BOC Res. 252-19) ...... 997 Vega Avenue Retaining Wall — per Ord. 1374-18 — all bids rejected — Division of Engineering & Construction (BOC Res. 254-19) ...... 997

Board of Control — Cleveland Public Power Division

Tree Trimming Services — per Ord. 1177-18 to VanCuren Services, Inc. — Dept. of Public Utilities (BOC Res. 250-19) ...... 996

Board of Control — Community Development Department

B.R. Knez Construction, Inc. — various parcels on scattered sites (Ward 9) (BOC Res. 258-19) ...... 998 Dibble Avenue, 5713 (Ward 7) — PPN 104-14-027 — 5810 Dibble LLC (BOC Res. 257-19)...... 998 Dibble Avenue, 5910 (Ward 7) — PPN 104-17-001 — Marshall Dos-Reis (BOC Res. 262-19) ...... 999 East 126th Street, 3054 (Ward 4) — PPN 129-24-034 — Marlon Graves (BOC Res. 261-19) ...... 999 Helena Avenue (Ward 9) — PPN 108-29-073 — Cornelius Ray Love (BOC Res. 260-19)...... 999 Methyl Avenue, 11505 (Ward 6) — PPN 128-090-030 — Constance M. Mason (BOC Res. 259-19) ...... 998 North Boulevard, 10016 (Ward 9) — PPN 109-08-102 — lease — Erika Ervin-Acy (BOC Res. 255-19) ...... 997 Woodland Avenue (Ward 6) — PPNs 121-34-041/042/043 & 121-33-123/124/126 — lease — Cleveland Botanical Garden (BOC Res. 256-19) ...... 998 1054 June 12, 2019 The City Record 63

Board of Control — Engineering and Construction Division

Vega Avenue Retaining Wall — per Ord. 1374-18 — all bids rejected — Office of Capital Projects (BOC Res. 254-19) ...... 997

Board of Control — Finance Department

Safe Smart CLE Bridges and Docks Video Surveillance — per Ord. 565-18 to Motorola Solutions, Inc. — Dept. of Law (BOC Res. 244-19) ...... 995 Workforce TeleStaff v6 software upgrades — per C.O. Sec. 181.102(e) to Kronos, Inc. (BOC Res. 264-19) ...... 1000

Board of Control — Human Resources Department

Pre-employment background and criminal records checks — per Ord. 247-2019 to OPENonline, LLC — Dept. of Law (BOC Res. 263-19) ...... 999

Board of Control — Land Reutilization Program

B.R. Knez Construction, Inc. — various parcels on scattered sites (Ward 9) (BOC Res. 258-19) ...... 998 Dibble Avenue, 5713 (Ward 7) — PPN 104-14-027 — 5810 Dibble LLC (BOC Res. 257-19)...... 998 Dibble Avenue, 5910 (Ward 7) — PPN 104-17-001 — Marshall Dos-Reis (BOC Res. 262-19) ...... 999 East 126th Street, 3054 (Ward 4) — PPN 129-24-034 — Marlon Graves (BOC Res. 261-19) ...... 999 Helena Avenue (Ward 9) — PPN 108-29-073 — Cornelius Ray Love (BOC Res. 260-19)...... 999 Methyl Avenue, 11505 (Ward 6) — PPN 128-090-030 — Constance M. Mason (BOC Res. 259-19) ...... 998 North Boulevard, 10016 (Ward 9) — PPN 109-08-102 — lease — Erika Ervin-Acy (BOC Res. 255-19) ...... 997 Woodland Avenue (Ward 6) — PPNs 121-34-041/042/043 & 121-33-123/124/126 — lease - Cleveland Botanical Garden (BOC Res. 256-19) ...... 998

Board of Control — Land Reutilization Program (Ward 4)

East 126th Street, 3054 (Ward 4) — PPN 129-24-034 — Marlon Graves (BOC Res. 261-19) ...... 999

Board of Control — Land Reutilization Program (Ward 6)

Methyl Avenue, 11505 (Ward 6) — PPN 128-090-030 — Constance M. Mason (BOC Res. 259-19) ...... 998 Woodland Avenue (Ward 6) — PPNs 121-34-041/042/043 & 121-33-123/124/126 — lease - Cleveland Botanical Garden (BOC Res. 256-19) ...... 998

Board of Control — Land Reutilization Program (Ward 7)

Dibble Avenue, 5713 (Ward 7) — PPN 104-14-027 — 5810 Dibble LLC (BOC Res. 257-19)...... 998 Dibble Avenue, 5910 (Ward 7) — PPN 104-17-001 — Marshall Dos-Reis (BOC Res. 262-19) ...... 999

Board of Control — Land Reutilization Program (Ward 9)

B.R. Knez Construction, Inc. — various parcels on scattered sites (Ward 9) (BOC Res. 258-19) ...... 998 Helena Avenue (Ward 9) — PPN 108-29-073 — Cornelius Ray Love (BOC Res. 260-19)...... 999 North Boulevard, 10016 (Ward 9) — PPN 109-08-102 — lease — Erika Ervin-Acy (BOC Res. 255-19) ...... 997

Board of Control — Law Department

Pre-employment background and criminal records checks — per Ord. 247-2019 to OPENonline, LLC — Dept. of Human Resources (BOC Res. 263-19) ...... 999 Public Improvement Project Supplementary Services — second modify Contract # CT0103-PS2017-241 per BOC Res. 455-17 — Office of Capital Projects (BOC Res. 252-19) ...... 997 Safe Smart CLE Bridges and Docks Video Surveillance — per Ord. 565-18 to Motorola Solutions, Inc. — Dept. of Finance (BOC Res. 244-19) ...... 995 Video Surveillance at Zelma George Watson Recreation Center, Luke Easter Park, and Michael J. Zone Recreation Center and Park — second modify Contract #CT 1511 PS2018*0149 per BOC Res. 234-18 — Dept. of Public Safety (BOC Res. 245-19) ...... 995

Board of Control — Professional Service Contracts

Engineering services for Voinovich Park Pedestrian Bridge — fifth modify Contract #68816 per BOC Res. 387-08 — Office of Capital Projects, Dept. of Public Service (BOC Res. 251-19) ...... 997 Pre-employment background and criminal records checks — per Ord. 247-2019 to OPENonline, LLC — Depts. of Human Resources, Law (BOC Res. 263-19) ...... 999 Public Improvement Project Supplementary Services — second modify Contract # CT0103-PS2017-241 per BOC Res. 455-17 — Office of Capital Projects, Dept. of Law (BOC Res. 252-19) ...... 997 Safe Smart CLE Bridges and Docks Video Surveillance — per Ord. 565-18 to Motorola Solutions, Inc. — Depts. of Law, Finance (BOC Res. 244-19) ...... 995 1055 64 The City Record June 12, 2019

Video Surveillance at Zelma George Watson Recreation Center, Luke Easter Park, and Michael J. Zone Recreation Center and Park — second modify Contract #CT 1511 PS2018*0149 per BOC Res. 234-18 — Depts. of Law, Public Safety (BOC Res. 245-19) ...... 995 Workforce TeleStaff v6 software upgrades — per C.O. Sec. 181.102(e) to Kronos, Inc. — Dept. of Finance (BOC Res. 264-19)...... 1000

Board of Control — Public Improvement Contracts

JFK Recreation Center Roof Repairs — per Ord. 648-18 — all bids rejected — Office of Capital Projects (BOC Res. 253-19)...... 997 Vega Avenue Retaining Wall — per Ord. 1374-18 — all bids rejected — Division of Engineering & Construction, Office of Capital Projects (BOC Res. 254-19) ...... 997

Board of Control — Public Safety Department

Video Surveillance at Zelma George Watson Recreation Center, Luke Easter Park, and Michael J. Zone Recreation Center and Park — second modify Contract #CT 1511 PS2018*0149 per BOC Res. 234-18 — Dept. of Law (BOC Res. 245-19) ...... 995

Board of Control — Public Service Department

Engineering services for Voinovich Park Pedestrian Bridge — fifth modify Contract #68816 per BOC Res. 387-08 — Office of Capital Projects (BOC Res. 251-19) ...... 997

Board of Control — Public Utilities Department

Promotional items — per C.O. Sec. 181.101 to Blink Marketing LLC dba Blink Swag (BOC Res. 248-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to Joy Products, Inc. (BOC Res. 247-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to Koppel Advertising (BOC Res. 249-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to W.B. Mason Co. Inc. (BOC Res. 246-19) ...... 996 Tree Trimming Services — per Ord. 1177-18 to VanCuren Services, Inc. — Division of Cleveland Public Power (BOC Res. 250-19) ...... 996

Board of Control — Requirement Contracts

Promotional items — per C.O. Sec. 181.101 to Blink Marketing LLC dba Blink Swag — Dept. of Public Utilities (BOC Res. 248-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to Joy Products, Inc. — Dept. of Public Utilities (BOC Res. 247-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to Koppel Advertising — Dept. of Public Utilities (BOC Res. 249-19) ...... 996 Promotional items — per C.O. Sec. 181.101 to W.B. Mason Co. Inc. — Dept. of Public Utilities (BOC Res. 246-19) ...... 996 Tree Trimming Services — per Ord. 1177-18 to VanCuren Services, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 250-19)...... 996

Board of Zoning Appeals — Report

Brainard Avenue, 1814 (Ward 14) — B.R. Knez, owner — appeal granted and adopted on 6/10/19 (Cal. 19-78)...... 1002 Brainard Avenue, 1830 (Ward 14) — B.R. Knez, owner — appeal granted and adopted on 6/10/19 (Cal. 19-79)...... 1002 Brayton Avenue, 805 (Ward 3) — IRA Plan Partners, owner — appeal heard on 6/10/19 (Cal. 19-97) ...... 1001 Brookpark Road, 1400 (Ward 13) — Blue Stone 1400 LLC, owner — appeal heard on 6/10/19 (Cal. 19-102) ...... 1001 Canterbury Road, 17906 (Ward 8) — James P. Muhic, owner — appeal heard on 6/10/19 (Cal. 19-96) ...... 1001 East 85th Street, 1850 (Ward 7) — Hough at Home LLC, owner — appeal granted and adopted on 6/10/19 (Cal. 19-100) ...... 1002 East 85th Street, 1856 (Ward 7) — Hough at Home LLC, owner — appeal granted and adopted on 6/10/19 (Cal. 19-101) ...... 1002 Ellen Avenue, 6007 (Ward 15) — Petru Stinea, owner — appeal postponed to 8/12/19 on 6/10/19 (Cal. 19-47) ...... 1002 Franklin Boulevard, 2905 (Ward 3) — BZSAM 111, LLC, owner — appeal postponed to 7/15/19 on 6/10/19 (Cal. 19-71) ...... 1002 Korman Avenue, 8217 (Ward 9) — Darcia Lumpkin, owner — appeal heard on 6/10/19 (Cal. 19-67) ...... 1001 Lausche Avenue, 6214 (Ward 7) — St. Martin de Porres High School, owner — appeal heard on 6/10/19 (Cal. 19-99) ...... 1001 Lorain Avenue, 5010 (Ward 15) — MUNU Properties, owner — appeal granted and adopted on 6/10/19 (Cal. 19-94)...... 1002 Mt. Carmel Road, 11127 (Ward 6) — Greeners Inc. — appeal dismissed on 6/10/19 (Cal. 19-104) ...... 1001 Rocky River, 3365 (Ward 17) — Laura and Wilbur Janosko, owners — appeal postponed to 6/24/19 on 6/10/19 (Cal. 19-98)...... 1002 1056 June 12, 2019 The City Record 65

Rocky River, 3381 (Ward 17) — Koussa Properties, LTD., owners — appeal postponed to 6/24/19 on 6/10/19 (Cal. 19-55)...... 1002 Wade Park Avenue, 12027 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/10/19 (Cal. 19-84) ...... 1002 Wade Park Avenue, 12101 (Ward 9) — B.R. Knez, owner — appeal granted and adopted on 6/10/19 (Cal. 19-85) ...... 1002

Bridges

Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 1032

Burke Lakefront Airport

Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 1031

Capital Projects

Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 1022 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located near the northwest corner of Starkweather Avenue and West 15th Street to Larry Zukerman for purposes of redevelopment. (O 667-2019) ...... 1045 Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 1031 Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 1045 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 1026 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 1013 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 1012 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 1036 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 1003 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 1003 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 1003 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 1004 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 1038 1057 66 The City Record June 12, 2019

Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 1046 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 1026 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 1032 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 1032 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 1016

Case Western Reserve University

Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 1022

Casino Revenue Funds

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 1052 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 1051 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 1053

City of Cleveland Bids

Criminal and Civil filing supplies — Department of Finance — behalf of Cleveland Municipal Court — per C.O. Sec. 181.101 — bid due June 28, 2019 (advertised 6/5/2019 and 6/12/2019)...... 1002 Hazardous Tree Maintenance (2019) — Department of Public Works — Division of Park Maintenance and Properties — per Ord. 1223-18 — bid due July 20, 2019 (advertised 6/12/2019 and 6/19/2019)...... 1002 HVAC/R supplies, items, materials and parts — Department of Public Works — Division of Property Management — per C.O. Sec. 181.101 — bid due June 27, 2019 (advertised 6/5/2019 and 6/12/2019)...... 1002 New and rebuilt Motors and related repairs — Department of Public Works — Division of Property Management — per C.O. Sec. 181.101 — bid due June 27, 2019 (advertised 6/5/2019 and 6/12/2019)...... 1002 1058 June 12, 2019 The City Record 67

City Planning Commission

Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 1038 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 1003 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 1003 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 1003 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 1004 Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 1021 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 1006

Clean Water Act

Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 1004

Cleveland Hopkins International Airport

Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 1024 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 1023 Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 1030 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 1023 Authorizing the Director of Port Control to enter into a Lease with KeyBank National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyBank at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 1023 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 1023

Cleveland Metropolitan School District

Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 1030

Cleveland Public Power

Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 1029 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 1022 1059 68 The City Record June 12, 2019

Cleveland Public Theatre

Authorizing the Director of the Department of Community Development to enter into agreement with Cleveland Public Theatre for the Student Theatre Enrichment Program (STEP) through the use of Wards 3, 5, 6, 12, 15 and 17 Casino Revenue Funds. (O 736-2019) ...... 1051

Codified Ordinances

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 1049 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 1011 To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 773-A-80, passed December 14, 1981, relating to the waste collection hours in and near a residential district. (O 257-2019) ...... 1011 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 1006 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 1016

Community Development

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Contracts

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 1029 Authorizing the Director of Public Health to apply for and accept a grant from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County for the “This is (Not) About Drugs” Program; and authorizing the Director to enter into one or more contracts with Overdose Lifeline, Inc. and Preventure to implement the grant. (O 626-2019) ...... 1031 Authorizing the Director of Public Health to enter into an amendment to Contract No. CT 5005 SG 2017-111 with Emily Frantz, owner, Administrative & Logistical Support for Public Health Accreditation, LLC to assist the Department of Health to attain accreditation status by the Public Health Accreditation Board. (O 670-2019) ...... 1047 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible and non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 1048 Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 1022 Authorizing the Director of Public Utilities to employ one or more computer software vendors to acquire or renew Cisco maintenance and support, including Cisco Smartnet, for networking and telecommunication software and equipment; and authorizing the purchase by one or more requirement contracts of Cisco hardware and software products, including those used for networking and telecommunication and for the phone system, and maintenance and technical support, for the various divisions of the Department of Public Utilities, for a period of one year, with a one-year option to renew, exercisable by the Director of Public Utilities. (O 595-2019) ...... 1028 Authorizing the Director of Public Utilities to exercise the option to renew Contract No. RCD 2017-6 with Hach Co. to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Co. used to monitor the drinking water purification process. (O 593-2019) ...... 1028 1060 June 12, 2019 The City Record 69

Authorizing the Director of Public Utilities to exercise the options to renew various contracts for the requirements of various types of machines and equipment, and labor and materials to repair and/or replace parts or equipment to maintain various types of machines and equipment, for the Department of Public Utilities. (O 594-2019) ...... 1028 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 1049 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 1029 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 1022

Convention and Visitor’s Bureau

Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 1013

County Budget Commission

To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 1004

Cuyahoga County

Authorizing the Director of Public Health to apply for and accept a grant from the Alcohol, Drug Addiction and Mental Health Services Board of Cuyahoga County for the “This is (Not) About Drugs” Program; and authorizing the Director to enter into one or more contracts with Overdose Lifeline, Inc. and Preventure to implement the grant. (O 626-2019) ...... 1031 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 1046 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing of Ridge Road from Memphis Avenue to Denison Avenue; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; and to cause payment to the County for the City’s share of the improvement. (O 552-2019) ...... 1026

Dominion Energy Ohio

Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 1024

Easements

Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 1022 Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 1024 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 1024

Economic Development Department

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 1029 1061 70 The City Record June 12, 2019

Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 1052

Encroachments

Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 1045 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 1026 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 1013 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 1012

Engineering and Construction Division

Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 1031

Famicos Foundation

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 1029

Fees

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 1049 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 1011

Finance Department

Authorizing the Director of Finance to employ one or more consultants, computer software developers, or vendors or one or more firms of consultants, computer software developers, or vendors necessary to implement various technology projects and upgrades to existing systems under the 2019 ITS Capital Project Plan, other related professional services to implement the Plan; and to enter into various contracts to implement this ordinance. (O 664-2019) ...... 1039 To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 1004 To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 1040 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 1016 1062 June 12, 2019 The City Record 71

FirstEnergy Stadium

Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 1038

Flats District

Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 1013

Gifts

Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 1030

Grants

Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 1047 Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 1030 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 1036

Health Department

Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 1047 Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 1030 Authorizing the Director of Public Health to enter into an amendment to Contract No. CT 5005 SG 2017-111 with Emily Frantz, owner, Administrative & Logistical Support for Public Health Accreditation, LLC to assist the Department of Health to attain accreditation status by the Public Health Accreditation Board. (O 670-2019) ...... 1047 Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible a nd non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 1048 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 1031 Authorizing the Director of Public Health to enter into one or more contracts with The Center on Urban Poverty and Community Development at Case Western Reserve University to provide evaluation services for the MomsFirst Program, for a period of one year. (O 535-2019) ...... 1022 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 1011 1063 72 The City Record June 12, 2019

Human Resources Department

To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 1040

Lease Agreement

Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 1024 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 1023 Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 1030 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 1023

Leases

Authorizing the Director of Port Control to enter into a Lease with KeyBank National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyBank at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 1023 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 1023 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 1049

Licenses

Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 1029 To amend Section 241.05 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1333-18, passed November 26, 2018, relating to food shop licenses and fees. (O 376-2019) ...... 1011

Liquor Permits

Withdrawing objection to the Liquor Agency Contract located at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 333-2019. (R 754-2019) ...... 1006 Withdrawing objection to the transfer of ownership of a C1 and C2 Liquor Permit at 1337 West 117th Street and repealing Resolution No. 644-2019 objecting to said permit. (R 750-2019) ...... 1005 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 3137 East 65th Street, 1st floor and basement and repealing Resolution No. 1129-18 objecting to said permit. (R 755-2019) ...... 1006 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 3778 West 117th Street and repealing Resolution No. 1060-18 objecting to said permit. (R 751-2019) ...... 1005 Withdrawing objection to the transfer of ownership of a D5 and D6 Liquor Permit at 12210 Lorain Avenue and repealing Resolution No. 883-18 objecting to said permit. (R 753-2019) ...... 1006

Loan Agreement

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 1029 1064 June 12, 2019 The City Record 73

Merrick House

Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052

Midtown Cleveland, Inc.

Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 1013

Mt. Pleasant Now Development Corporation

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 Authorizing the Director of the Department of Community Development to enter into agreement with Mt. Pleasant NOW Development Corporation for the Family Unity Day Expo through the use of Wards 1 and 2 Casino Revenue Funds. (O 738-2019) ...... 1051

Name Change

Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 1038

Neighborhood Capital Funds

Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 1052

Ohio Department of Public Health

Authorizing the Director of Public Health to enter into contract with the Ohio Department of Health to perform environmental lead investigations of residences of Medicaid eligible and non-Medicaid eligible children; and to enter into one or more contracts with various agencies, entities, or individuals to provide services necessary to implement this ordinance. (O 672-2019) ...... 1048 Authorizing the Director of Public Health to enter into one or more agreements with the Ohio Department of Health to reimburse the City of Cleveland for monitoring, collecting, and analyzing radiation levels in the vicinity of the Burke Lakefront Airport, for a period of two years. (O 627-2019) ...... 1031

Ohio Department of Transportation (ODOT)

Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 1032 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade nd interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 1032

Ohio Environmental Protection Agency

Authorizing the Director of Public Health to accept a grant from the Ohio Environmental Protection Agency for 2019-20 financial assistance for the operation of the Division of Air Quality; authorizing the director to enter into one or more contracts for various services, equipment and supplies, and contracts with various agencies or entities necessary to operate the Division of Air Quality; determining the method of constructing, rehabilitating, renovating, replacing, or otherwise improving air monitoring sites and other similar structures on city-owned and city leased property; and authorizing the director to enter into one or more contracts to construct the improvement and to design it. (O 671-2019) ...... 1047 Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 1004 1065 74 The City Record June 12, 2019

Ohio General Assembly

Strongly urging the Ohio Governor and Members of the Ohio General Assembly to restore the Local Government Fund to pre-recession levels. (R 731-2019) ...... 1005

Ohio Public Works Commission

Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 1036 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio to rehabilitate the Center Swing Bridge over the Cuyahoga River; to cause payment to ODOT for the City’s share; to authorize the Mayor to apply to the District One Public Works Integrating Committee for state funding; authorizing one or more contracts for the design and other relative agreements; accepting gifts and grants from any public or private entity; to apply and accept funds from Ohio Public Works Commission; to authorize the Division of Purchasing and Supplies to acquire, accept, and record all land necessary to make the improvement. (O 631-2019) ...... 1032

Permits

Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 1045 Authorizing the Director of Capital Projects to issue a permit to Flats Forward, Inc. to encroach into the public rights of way at four locations in the Flats by installing, using and maintaining four wayfinding signs. (O 410-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 1026 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 1013 Authorizing the Director of Capital Projects to issue one or more permits to MClmetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services to encroach into the public right-of-way at various locations in the City of Cleveland by installing, using, and maintaining a wireline fiber optic communications network to include fiber optic cable, to be attached to utility poles (by separate permission of pole owner), duct banks and vaults. (O 409-2019) ...... 1012 To supplement the Codified Ordinances of Cleveland, Ohio, 1976 by enacting new Sections 401.152, 401.153, 401.231, 473.10 and new Chapter 517, Shared Mobility Device Vendors, Sections 517.01 through 517.05, and to amend Sections 473.01 through 473.03, 473.05, 473.07 through 473.09, 431.03, and 431.15, as amended by various ordinances, regulating the vendors and use of shared mobility devices. (O 464-2019) ...... 1016

Port Control Department

Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 1050 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 1015 Authorizing the Director of Port Control to enter into a Lease Agreement with PrimeFlight Aviation Services, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling, skycap, and other airline support service operations for JetBlue Airways and other airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 544-2019) ...... 1024 Authorizing the Director of Port Control to enter into a Lease Agreement with Swissport USA, Inc. for the lease of space located in the passenger terminal building at Cleveland Hopkins International Airport to support its ground handling and other airline support service operations for multiple airlines, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 540-2019) ...... 1023 1066 June 12, 2019 The City Record 75

Authorizing the Director of Port Control to enter into a lease agreement with the United Service Organization, Inc. for the use of a lounge and office space located in the Main Terminal Building at Cleveland Hopkins International Airport, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 622-2019) ...... 1030 Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 1023 Authorizing the Director of Port Control to enter into a Lease with KeyBank National Association to maintain and operate an aviation hangar facility for the storage and maintenance for aircraft owned by KeyBank at Cleveland Hopkins International Airport, for a period of ten years, with two five-year options to renew, the first of which requires additional legislative authority. (O 542-2019) ...... 1023 Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 1023 Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 1024

Professional Services

Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 1050

Professional Services Contracts

Authorizing the Director of Capital Projects to employ one or more professional consultants to provide various engineering, testing, and related services needed for various capital improvement projects, for the Division of Engineering and Construction, Office of Capital Projects, on an as needed basis, for a period up to two years. (O 629-2019) ...... 1031 Authorizing the Director of Finance to employ one or more consultants, computer software developers, or vendors or one or more firms of consultants, computer software developers, or vendors necessary to implement various technology projects and upgrades to existing systems under the 2019 ITS Capital Project Plan, other related professional services to implement the Plan; and to enter into various contracts to implement this ordinance. (O 664-2019) ...... 1039 Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 1029 Authorizing the Director of Public Works to employ one or more professional consultants to provide parking meter consultant services, for a one year period; and to enter into various written standard purchase and requirement contracts for the purchase of parking meters and related equipment and services, including installation. (O 729-2019) ...... 1049

Public Improvement Contracts

Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. PIRC 2018-3 with Terrace Construction Company, Inc. for the public improvement of installing automated meter reading units on remaining residential and commercial accounts, including Cleveland Heights accounts and master meter vaults not yet converted. (O 592-2019) ...... 1027 Authorizing the Mayor to apply to the District One Public Works Integrating Committee for state funding for the rehabilitation of portions of West 65th Street; to apply for and accept gifts and grants from various entities for the improvement; authorizing the Director of Capital Projects to enter into contracts and agreements to design and construct the improvement and other agreements; and authorizing the Commissioner of Purchases and Supplies to acquire, accept, and record for right-of-way purposes real property and easements necessary to make the improvement. (O 634-2019) ...... 1036 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 1038 1067 76 The City Record June 12, 2019

Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing Rockefeller Avenue from Broadway Avenue to Central Furnace Drive; to apply for and accept an allocation of County Motor Vehicle License Tax Funds for the improvement; authorizing the Director of Capital Projects to enter into one or more contracts for the construction, design, and any relative agreements in making the improvement. (O 633-2019) ...... 1034

Public Improvements

Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 1046 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for the cost of the improvement. (O 632-2019) ...... 1034 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 1032

Public Works

Authorizing the Director of Public Works to employ one or more professional consultants to provide parking meter consultant services, for a one year period; and to enter into various written standard purchase and requirement contracts for the purchase of parking meters and related equipment and services, including installation. (O 729-2019) ...... 1049 Authorizing the Director of Public Works to enter into an amendment to Contract No. 38823 with Hertz Cleveland North Point, LLC for lease of the North Point Garage to extend the term of the lease and to make certain modifications to other terms of the lease. (O 675-2019) ...... 1049 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 1024 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 1051 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052 Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 1038 Determining the method of making the public improvement of constructing material capital repairs and capital improvements to First Energy Stadium; authorizing one or more public improvement contracts for the making of the improvement; and professional services to design, or in the alternative, to reimburse or accept the gift of design and other services from the Cleveland Browns. (O 636-2019) ...... 1038 To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 1049

Purchase Agreement

Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 1015

Purchases and Supplies Division

Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 1022 Authorizing the Commissioner of Purchases and Supplies to make one or more purchase orders with Black Box Network Services for professional services necessary to continue to maintain, support, and further enhance the Unified Computing Services Infrastructure in order to ensure a safe and secure IT network, including but not limited to, upgrading, installation and integration, for the Department of Port Control. (O 730-2019) ...... 1050 Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 1025 Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located adjacent to Old Grayton Road to Canal Road Partners, LLC, for purposes of having clear title to all their structures and assets; and to enter into a purchase and sale agreement. (O 444-2019) ...... 1015 1068 June 12, 2019 The City Record 77

Recreation Centers

To amend Section 131.34 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No. 1330-A-10, passed December 6, 2010, relating to rental fees for recreation center use. (O 674-2019) ...... 1049

Resolution of Support

Recognizing Cuyahoga50, a community wide celebration of 50 years of progress since the last Cuyahoga River fire, and the need for continued vigilance and partnership with regional, state, and federal entities to ensure every Clevelander has access to clean water. (R 682-2019) ...... 1004 Strongly urging the Ohio Governor and Members of the Ohio General Assembly to restore the Local Government Fund to pre-recession levels. (R 731-2019) ...... 1005

Safety Department

Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 1025 Authorizing the Director of Public Safety to donate grow lights, ballasts, and two Werner brand ladders seized as the result of a criminal conviction to the Cleveland Metropolitan School District and to Benedictine High School; and to enter into an agreement to make the donation. (O 623-2019) ...... 1030 Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 1020 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 1053

Salaries

To amend Sections 8, 30, 35 and 51 of Ordinance No. 323-15, passed March 30, 2015, as amended, relating to compensation for various classifications. (O 665-2019) ...... 1040

State of Ohio

Authorizing the Director of Public Safety to enter into one or more mutual aid agreements with other political subdivisions in the State of Ohio for additional police protection, fire, and emergency medical services for aid and assistance in connection with the Major League Baseball Association 2019 All Star Game being held in Cleveland on July 9, 2019, along with associated events and activities on days before and after the day of the Game. (O 511-2019) ...... 1020 Giving consent of the City of Cleveland to the Director of Transportation of the State of Ohio for improving Miles Avenue from Warrensville Corporation Line to Broadway Avenue; to apply for and accept any gifts or grants from any public or private entity; authorizing a Local Project agreement and any other relative agreements; and causing payment of the City’s share to the State for the cost of the improvement. (O 632-2019) ...... 1034

Street Vacation

Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 1003 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 1003 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 1003 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 1004

Tax Budget

To adopt and declare a Tax Budget for the City of Cleveland for the year 2020 and submit it to the County Budget Commission as required by State Law, Chapter 5705 of the Revised Code. (R 663-2019) ...... 1004

Tremont West Development Corporation

Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 1051 1069 78 The City Record June 12, 2019

Union Miles Development Corporation

Authorizing the Director of the Department of Community Development to enter into agreement with Union Miles Development Corporation for the Feasibility Study for a Veteran Service Center and Housing Project for Homeless Veterans through the use of Ward 2 Casino Revenue Funds. (O 744-2019) ...... 1053

United Airlines

Authorizing the Director of Port Control to enter into a Lease Agreement with United Airlines Inc. for the lease of certain office and warehouse space located in the South Cargo Facility Building at Cleveland Hopkins International Airport, Department of Port Control, for a period of two years, with three one-year options to renew, the first of which requires additional legislative authority. (O 541-2019) ...... 1023

United States Postal Services

Authorizing the Director of Port Control to enter into a Lease with the United States Postal Service to maintain and operate a warehouse, sorting facility, and post office retail store at Cleveland Hopkins International Airport, for a period of five years, with one five-year option to renew, which requires additional legislative authority. (O 543-2019) ...... 1023

United Way of Greater Cleveland

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

U.S. Department of Homeland Security

Authorizing the Director of Public Health to apply for and accept a grant from the United States Department of Homeland Security for 2019-20 Biowatch Program. (O 625-2019) ...... 1030

Utilities Department

Authorizing the Director of Public Utilities to employ one or more computer software vendors to acquire or renew Cisco maintenance and support, including Cisco Smartnet, for networking and telecommunication software and equipment; and authorizing the purchase by one or more requirement contracts of Cisco hardware and software products, including those used for networking and telecommunication and for the phone system, and maintenance and technical support, for the various divisions of the Department of Public Utilities, for a period of one year, with a one-year option to renew, exercisable by the Director of Public Utilities. (O 595-2019) ...... 1028 Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 1029 Authorizing the Director of Public Utilities to exercise the first option to renew Contract No. PIRC 2018-3 with Terrace Construction Company, Inc. for the public improvement of installing automated meter reading units on remaining residential and commercial accounts, including Cleveland Heights accounts and master meter vaults not yet converted. (O 592-2019) ...... 1027 Authorizing the Director of Public Utilities to exercise the option to renew Contract No. RCD 2017-6 with Hach Co. to maintain, service, calibrate, refurbish, and test various scientific and in line process analytical instruments manufactured by Hach Co. used to monitor the drinking water purification process. (O 593-2019) ...... 1028 Authorizing the Director of Public Utilities to exercise the options to renew various contracts for the requirements of various types of machines and equipment, and labor and materials to repair and/or replace parts or equipment to maintain various types of machines and equipment, for the Department of Public Utilities. (O 594-2019) ...... 1028 Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 1029 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 1022

Ward 01

Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 1070 June 12, 2019 The City Record 79

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Withdrawing objection to the Liquor Agency Contract located at 4071 Lee Road, Unit 290, 1st floor and repealing Resolution No. 333-2019. (R 754-2019) ...... 1006

Ward 02

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Public Works to enter into agreement with the Jarvis Gibson Foundation for the Mt. Pleasant Rebels Educational & Sports Program through the use of Ward 2 Casino Revenue Funds. (O 740-2019) ...... 1052 Giving consent of the City of Cleveland to the County of Cuyahoga for the improvement of East 116th Street from Miles Avenue to Union Avenue in the City of Cleveland; authorizing the Director of Capital Projects to enter into agreements; to apply for and accept an allocation of County Motor Vehicle License Tax Funds; authorizing the acquisition of any real property and easements; apply for and accept gifts and grants; and to cause payment to the County for the City’s share of the improvement. (O 668-2019) ...... 1046 Giving consent of the City of Cleveland to the Ohio Department of Transportation to upgrade and interconnect a traffic signal located at the intersection of East 116th Street and Harvard Avenue in the City of Cleveland. (O 630-2019) ...... 1032

Ward 03

Authorizing the Commissioner of Purchases and Supplies to sell City-owned property no longer needed for public use located near the northwest corner of Starkweather Avenue and West 15th Street to Larry Zukerman for purposes of redevelopment. (O 667-2019) ...... 1045 Authorizing the Director of Capital Projects to issue a permit to Cavaliers Operating Company, LLC to encroach into the public rights of way of Huron Road, Ontario Street and East 6th Street by installing, using, and maintaining protective bollards/concrete planter benches around the perimeter of the Rocket Mortgage Fieldhouse (fka Q Arena). (O 666-2019) ...... 1045 Authorizing the Director of Capital Projects to issue a permit to The Convention and Visitors Bureau of Greater Cleveland, Inc. to encroach into the public right-of-way within the Tremont neighborhood with a Pedestrian Wayfinding Sign Program by installing, using, and maintaining eight wayfinding signs and associated electrical duct banks. (O 438-2019) ...... 1013 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Public Works to enter into agreement with the Tremont West Development Corporation for the Arts in August Expo through the use of Ward 3 Casino Revenue Funds. (O 735-2019) ...... 1051 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052 Declaring the intent to vacate a portion of Barber Court S.W. (R 463-2019) ...... 1003 Declaring the intent to vacate a portion of Gehring Avenue. (R 407-2019) ...... 1003 Declaring the intent to vacate a portion of West 4th Street and Mahoning Avenue. (R 478-2019) ...... 1004 Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 1021 Giving consent of the City of Cleveland to the County of Cuyahoga for the resurfacing Rockefeller Avenue from Broadway Avenue to Central Furnace Drive; to apply for and accept an allocation of County Motor Vehicle License Tax Funds for the improvement; authorizing the Director of Capital Projects to enter into one or more contracts for the construction, design, and any relative agreements in making the improvement. (O 633-2019) ...... 1034

Ward 04

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Amending the Title and Sections 1 and 2 of Ordinance No. 600-2019, passed May 6, 2019 as it pertains to Senior Lawn Care and Snow Removal Program through the use of Wards 1, 2 and 4 Casino Revenue Funds. (O 734-2019) ...... 1051 1071 80 The City Record June 12, 2019

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Ward 05

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Withdrawing objection to the transfer of ownership of a C1 Liquor Permit at 3137 East 65th Street, 1st floor and basement and repealing Resolution No. 1129-18 objecting to said permit. (R 755-2019) ...... 1006

Ward 06

Amending the Title and Section 1 of Ordinance No. 563-2019 passed April 29, 2019, as it pertains to authorizing the Director of the Department of Community Development to enter into agreement with the Beauty & Barber Empowerment Center, LLC for the Beauty and Empowerment Center Program through the use of Wards 2, 4 and 6 Casino Revenue Funds. (O 733-2019) ...... 1050 Authorizing the acquisition and recording of certain easement interests from Uptown Three L.P. for use of a public sidewalk to be used as a drop off area for students and residents, for the Office of Capital Projects. (O 516-2019) ...... 1022 Authorizing the Director of Public Works to execute a deed of easement granting to The East Ohio Gas Company dba Dominion Energy Ohio certain easement rights in property located along Woodhill Road at the Ozell A. Dobbins, Sr. Maintenance Center, and declaring that the easement rights granted are not needed for the City’s public use. (O 546-2019) ...... 1024 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Ward 07

Authorizing the Commissioner of Purchases and Supplies to sell a portion of City-owned property no longer needed for public use located at 4601 Chester Avenue to Richard and Kathy Lehmann, for the purpose of access to their business. (O 547-2019) ...... 1025 Authorizing the Director of Capital Projects to issue a permit to MidTown Cleveland, Inc. to encroach into the public right-of-way of the Midtown District by installing, using, and maintaining the MidTown Wayfinding Signage Program. (O 439-2019) ...... 1013 Authorizing the Director of Capital Projects to issue a permit to The Centers for Families and Children to encroach into the public right-of-way of Euclid Avenue by installing, using, and maintaining an ADA compliant entrance ramp and railing. (O 551-2019) ...... 1026 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Economic Development to enter into agreement with Lexington Bell Community Center for the acquisition and renovation of the Superior Beverage Building through the use of Ward 7 Casino Revenue Funds and Neighborhood Capital Funds. (O 742-2019) ...... 1052

Ward 08

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Ward 09

Approving that the Cleveland Citywide Development Corporation, or its designee, may enter into up to eleven partially forgivable separate loan contracts with Famicos Foundation, Inc., or its designee, to rehabilitate up to eleven vacant single family homes on scattered sites within the Circle North area of the Glenville neighborhood, and other associated costs necessary to redevelop the property, under the authority of Ordinance No. 563-17, passed August 16, 2017. (O 621-2019) ...... 1029 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Ward 10

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 1072 June 12, 2019 The City Record 81

Ward 11

Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 3778 West 117th Street and repealing Resolution No. 1060-18 objecting to said permit. (R 751-2019) ...... 1005

Ward 12

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052

Ward 13

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Ward 14

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of Public Works to enter into an agreement with Merrick House for the Tremont Arts & Cultural Expo through the use of Wards 3, 12 and 14 Casino Revenue Funds. (O 743-2019) ...... 1052 Declaring the intent to vacate a portion of the 1st Un-named Alley North of Trent Avenue and East of West 40th Street. (R 477-2019) ...... 1003

Ward 15

Authorizing the Director of Port Control to execute a deed of easement granting to Cargill, Incorporated and its successors and assigns, certain easement rights located above a city-owned portion of 5300 Whiskey Island Drive, and declaring that the easement rights granted are not needed for the City’s public use. (O 545-2019) ...... 1024 Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Changing the name of “Lawn Madison Park” located at West 75th Street and Madison Avenue to “Miriam Ortiz Rush Park.” (O 647-2019) ...... 1038 Withdrawing objection to the transfer of ownership of a C1 and C2 Liquor Permit at 1337 West 117th Street and repealing Resolution No. 644-2019 objecting to said permit. (R 750-2019) ...... 1005 Withdrawing objection to the transfer of ownership of a C1, C2 and D6 Liquor Permit at 7201 Lorain Avenue and repealing Resolution No. 299-2019 objecting to said permit. (R 752-2019) ...... 1005

Ward 16

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050 Authorizing the Director of the Department of the Department of Public Safety to enter into an agreement with Bellaire-Puritas Development Corporation for the Summer Safety Education Film Series through the use of Ward 16 Casino Revenue Funds. (O 745-2019) ...... 1053 Withdrawing objection to the transfer of ownership of a D5 and D6 Liquor Permit at 12210 Lorain Avenue and repealing Resolution No. 883-18 objecting to said permit. (R 753-2019) ...... 1006

Ward 17

Authorizing the Director of the Department of Community Development to enter into agreement with United Way of Greater Cleveland for the Lead Safe Summit Expo through the use of Wards 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, and 17 Casino Revenue Funds. (O 732-2019) ...... 1050

Waste Collection and Disposal Division

To amend Section 551.22 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by Ordinance No. 773-A-80, passed December 14, 1981, relating to the waste collection hours in and near a residential district. (O 257-2019) ...... 1011

Water Division

Authorizing the Director of Public Utilities to employ one or more professional consultants or vendors to acquire licenses for data storage expansion or to develop data storage expansion solutions, and other related services and equipment, including but not limited to, hardware, servers, chassis, ancillary components, and maintenance, for the Division of Water, Department of Public Utilities; for a period of one year, with two one-year options to renew, the second of which requires additional legislative authority. (O 596-2019) ...... 1029 1073 82 The City Record June 12, 2019

Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 1029 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 1022

Water Pollution Control Division

Authorizing the procurement by one or more requirement contracts for the rental of various types of heavy duty equipment, on an as needed basis, for the Office of Radio Communications, Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 597-2019) ...... 1029 Authorizing the purchase by one or more requirement contracts of disposal of debris at landfills, for the Divisions of Water, Cleveland Public Power, and Water Pollution Control, Department of Public Utilities, for a period of two years. (O 536-2019) ...... 1022

Zoning

Establishing a zero foot Mapped Building Setback from the property line along the southern side of Carter Road between Riverbed Street and the eastern property line of Permanent Parcel No. 004-26-040 (Map Change 2600). (O 514-2019) ...... 1021 To amend Sections 325.03, 337.23, 343.23, 357.09, and 357.13 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by various ordinances, relating to side yard setbacks, parking spaces sizes, residential garage placement and size, and conditional uses in the Pedestrian Retail Overlay; and to supplement the codified ordinances by enacting new Section 325.431 relating to the definition of Lot Interior. (O 887-18) ...... 1006

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